                                 CODE OF VIRGINIA

PROVISIONS OF CODE; MODIFICATIONS (§ 36-99)

A. The Building Code shall prescribe building regulations to be complied with in
the construction and rehabilitation of buildings and structures, and the
equipment therein as defined in &#xA7; 36-97, and shall prescribe regulations to
ensure that such buildings and structures are properly maintained, and shall
also prescribe procedures for the administration and enforcement of such
regulations, including procedures to be used by the local building department in
the evaluation and granting of modifications for any provision of the Building
Code, provided the spirit and functional intent of the Building Code are
observed and public health, welfare and safety are assured. The provisions of
the Building Code and modifications thereof shall be such as to protect the
health, safety and welfare of the residents of the Commonwealth, provided that
buildings and structures should be permitted to be constructed, rehabilitated
and maintained at the least possible cost consistent with recognized standards
of health, safety, energy conservation and water conservation, including
provisions necessary to prevent overcrowding, rodent or insect infestation, and
garbage accumulation; and barrier-free provisions for individuals with physical
disabilities and aged individuals. Such regulations shall be reasonable and
appropriate to the objectives of this chapter.

B. In formulating the Code provisions, the Board shall have due regard for
generally accepted standards as recommended by nationally recognized
organizations, including, but not limited to, the standards of the International
Code Council and the National Fire Protection Association. Notwithstanding the
provisions of this section, farm buildings and structures shall be exempt from
the provisions of the Building Code, except for a building or a portion of a
building located on a farm that is operated as a restaurant as defined in §
35.1-1 and licensed as such by the Board of Health pursuant to Chapter 2 (§
35.1-11 et seq.) of Title 35.1. However, farm buildings and structures lying
within a flood plain or in a mudslide-prone area shall be subject to
flood-proofing regulations or mudslide regulations, as applicable. However, any
farm building or structure (i) where the public is invited to enter for an
agritourism activity, as that term is defined in § 3.2-6400, for recreational,
entertainment, or educational purposes and (ii) that is used for display,
sampling, or sale of agricultural, horticultural, floricultural, or
silvicultural products produced on the farm or the sale of agricultural-related
or silvicultural-related items incidental to the agricultural operation shall
have:

   1. Portable fire extinguishers for the purpose of fire suppression;

   2. A simple written plan in case of an emergency, but such plan shall not be
   construed to be interpreted as a fire evacuation plan under the Uniform
   Statewide Building Code or any other local requirements; and

   3. A sign posted in a conspicuous place upon entry to the farm building or
   structure that states that &#8220;This building is EXEMPT from the Uniform
   Statewide Building Code. Be alert to exits in the event of a fire or other
   emergencies.&#8221; Such sign shall be placed in a clearly visible location
   near the entrance to such farm building or structure. The notice shall consist
   of a sign no smaller than 24 inches by 36 inches with clearly legible black
   letters, with each letter to be a minimum of one inch in height.

C. Where practical, the Code provisions shall be stated in terms of required
level of performance, so as to facilitate the prompt acceptance of new building
materials and methods. When generally recognized standards of performance are
not available, such provisions shall provide for acceptance of materials and
methods whose performance has been found by the local building department, on
the basis of reliable test and evaluation data, presented by the proponent, to
be substantially equal in safety to those specified.

D. The Board, upon a finding that sufficient allegations exist regarding
failures noted in several localities of performance standards by either building
materials, methods, or design, may conduct hearings on such allegations if it
determines that such alleged failures, if proven, would have an adverse impact
on the health, safety, or welfare of the citizens of the Commonwealth. After at
least 21 days&#8217; written notice, the Board shall convene a hearing to
consider such allegations. Such notice shall be given to the known manufacturers
of the subject building material and as many other interested parties, industry
representatives, and trade groups as can reasonably be identified. Following the
hearing, the Board, upon finding that (i) the current technical or
administrative Code provisions allow use of or result in defective or deficient
building materials, methods, or designs, and (ii) immediate action is necessary
to protect the health, safety, and welfare of the citizens of the Commonwealth,
may issue amended regulations establishing interim performance standards and
Code provisions for the installation, application, and use of such building
materials, methods or designs in the Commonwealth. Such amended regulations
shall become effective upon their publication in the Virginia Register of
Regulations. Any amendments to regulations adopted pursuant to this subsection
shall become effective upon their publication in the Virginia Register of
Regulations and shall be effective for a period of 24 months or until adopted,
modified, or repealed by the Board.

HISTORY: 1972, c. 829; 1974, c. 433; 1975, c. 394; 1977, cc. 423, 613; 1978, c.
581; 1981, c. 2; 1982, c. 267; 1998, c. 755; 2000, c. 751; 2002, c. 555; 2003,
cc. 436, 650, 901; 2023, cc. 148, 149, 644.