Final Text
[ 13VAC5-91-120. Unregistered industrialized buildings.
A. The building official shall determine whether any
unregistered industrialized building complies with this chapter and shall require
any noncomplying unregistered building to be brought into compliance with this
chapter. The building official shall enforce all applicable requirements of
this chapter including those relating to the sale, rental and disposition of
noncomplying buildings. The building official may require submission of full
plans and specifications for each building. Concealed parts of the building may
be exposed to the extent necessary to permit inspection to determine compliance
with the applicable requirements. The building official may also accept reports
of inspections and tests from individuals or agencies deemed acceptable to the
building official.
B. An existing unregistered industrialized building may be
registered in accordance with one of the following:
1. Where an unregistered building was constructed under an
industrialized building program of another state and approved under such
program, a compliance assurance agency shall prepare a report based on review
of the plans and specifications and inspection of the building to determine
whether there is compliance with the construction requirements of this chapter
that were in effect on the date of manufacture of the building. If compliance
is determined, the compliance assurance agency shall (i) mark the building with
a compliance assurance agency label in accordance with 13VAC5-91-210, (ii)
place a new manufacturer's data plate on the building in accordance with
13VAC5-91-245, (iii) mark the building with a registration seal in accordance
with 13VAC5-91-260, and (iv) forward a copy of the report and new data plate to
the SBCO.
2. Where an unregistered building was not approved under an
industrialized building program of another state and the date of manufacture
can be verified, the compliance assurance agency shall inspect the building,
including any disassembly necessary, to determine whether there is compliance
with the construction requirements of this chapter that were in effect on the
date of manufacture of the building. When factory plans are available, then
disassembly is not required to the extent that the factory plans can be
verified to reflect the actual construction of the building. When compliance
with the construction requirements of this chapter that were in effect on the
date of manufacture of the building is achieved, the compliance assurance
agency shall prepare a report documenting compliance, outlining any changes
made to the building, and certifying the building in accordance with clauses
(i) through (iv) of subdivision 1 of this subsection.
3. When the date of manufacture of the existing unregistered
building cannot be verified, the building shall be evaluated for compliance
with the codes and standards specified in 13VAC5-91-160. The compliance
assurance agency shall inspect the building, including any disassembly
necessary, to determine whether there is compliance with these construction
requirements. If compliance is achieved, the compliance assurance agency shall
prepare a report documenting compliance, outlining any changes made to the building,
and certifying the building in accordance with clauses (i) through (iv) of
subdivision 1 of this subsection.
13VAC5-91-125. Registration of unregistered industrialized buildings.
An existing unregistered industrialized building may be registered in accordance with one of the following:
1. Where an unregistered building was constructed under an industrialized building program of another state and approved under such program, a compliance assurance agency shall prepare a report based on review of the plans and specifications and inspection of the building to determine whether there is compliance with the construction requirements of this chapter that were in effect on the date of manufacture of the building. If compliance is determined, the compliance assurance agency shall (i) mark the building with a compliance assurance agency label in accordance with 13VAC5-91-210, (ii) place a new manufacturer's data plate on the building in accordance with 13VAC5-91-245, (iii) mark the building with a registration seal in accordance with 13VAC5-91-260, and (iv) forward a copy of the report and new data plate to the SBCO.
2. Where an unregistered building was not approved under an industrialized building program of another state and the date of manufacture can be verified, the compliance assurance agency shall inspect the building, including any disassembly necessary, to determine whether there is compliance with the construction requirements of this chapter that were in effect on the date of manufacture of the building. When factory plans are available, disassembly is not required to the extent that the factory plans can be verified to reflect the actual construction of the building. When compliance with the construction requirements of this chapter that were in effect on the date of manufacture of the building is achieved, the compliance assurance agency shall prepare a report documenting compliance, outlining any changes made to the building, and certifying the building in accordance with clauses (i) through (iv) of subdivision 1 of this section.
3. When the date of manufacture of the existing unregistered building cannot be verified, the building shall be evaluated for compliance with the codes and standards specified in 13VAC5-91-160. The compliance assurance agency shall inspect the building, including any disassembly necessary, to determine whether there is compliance with these construction requirements. If compliance is achieved, the compliance assurance agency shall prepare a report documenting compliance, outlining any changes made to the building, and certifying the building in accordance with clauses (i) through (iv) of subdivision 1 of this section. ]
13VAC5-91-160. Use of model codes and standards.
A. Industrialized buildings produced entering the
production assembly line after the effective date of the 2012 2015
edition of this chapter shall comply with all applicable requirements of the
codes and standards listed in subsection B of this section except that the
following codes and standards may be used for one year industrialized
buildings entering the assembly line during a one-year period after the
effective date of the 2012 2015 edition of this chapter:
1. ICC International Building Code - 2009 2012
Edition
2. ICC International Plumbing Code - 2009 2012
Edition
3. ICC International Mechanical Code - 2009 2012
Edition
4. National Fire Protection Association Standard Number 70
(National Electrical Code) - 2008 2011 Edition
5. ICC International Fuel Gas Code - 2009 2012
Edition
6. ICC International Energy Conservation Code - 2009 2012
Edition
7. ICC International Residential Code - 2009 2012
Edition
B. The following documents are adopted and incorporated by reference to be an enforceable part of this chapter:
1. ICC International Building Code - 2012 2015
Edition
2. ICC International Plumbing Code - 2012 2015
Edition
3. ICC International Mechanical Code - 2012 2015
Edition
4. National Electrical Code - 2011 2014 Edition
5. ICC International Fuel Gas Code - 2012 2015
Edition
6. ICC International Energy Conservation Code - 2012 2015
Edition
7. ICC International Residential Code - 2012 2015
Edition
Note: As the 2012 2015 editions of the
International Codes are incorporated by reference as the construction standards
for use with these regulations, this chapter is also referred to as the 2012
2015 edition of the Virginia Industrialized Building Safety Regulations
or the 2012 2015 edition of this chapter.
The codes and standards referenced above may be procured from:
|
International Code Council, Inc. |
13VAC5-91-180. Compliance assurance agencies.
A. Application shall be made to the SBCO for acceptance as a
compliance assurance agency. Application shall be made under oath and shall be
accompanied by information and evidence that is adequate for the SBCO to
determine whether the applicant is specially qualified by reason of facilities,
personnel, experience, and demonstrated reliability to investigate, test,
and evaluate industrialized buildings for compliance with this chapter,
and to provide adequate follow-up and compliance assurance services at the
point of manufacture.
B. Following a determination by the SBCO that an application
is complete, the information contained in the application and any other
information deemed necessary by the SBCO will be reviewed for approval or
disapproval. If the application is approved, the applicant will be notified
with an approval letter for a two-year period from the date of the approval
letter. If the application is disapproved, the applicant will be notified
in writing of the reasons for the disapproval. The applicant may then resubmit
the application within 30 days of the receipt of the notification of
disapproval for reconsideration of approval.
C. Compliance assurance agencies that are already approved
by the SBCO at the time of the effective date of this provision shall have 90
days from the effective date of this provision to apply for reapproval in
accordance with subsections A and B of this section. Such agencies shall
continue to be approved while the SBCO evaluates the reapplication. Compliance
assurance agencies receiving an approval letter from the SBCO after the
effective date of this provision shall apply for reapproval within 90 days
prior to the expiration of the two-year approval period if continued approval
as a compliance assurance agency is desired.
D. The SBCO may suspend or revoke the approval of a
compliance assurance agency upon a determination that (i) approval [ or
reapproval ] was based upon fraudulent or inaccurate information, (ii)
a change in facts or circumstances renders the agency incapable of meeting its
duties and responsibilities as a compliance assurance agency in a satisfactory
manner, or (iii) the agency failed to discharge its duties and responsibilities
as a compliance assurance agency in a satisfactory manner. In such cases, the
SBCO will issue a suspension or revocation notice to the agency outlining the
reasons for the actions and the terms, if any, for reinstatement.
13VAC5-91-200. Information required by the administrator.
All of the following information and criteria will be
considered by the administrator in designating [ initial ]
approval [ and re-approval ] of
compliance assurance agencies:
1. Names of officers and location of offices.
2. Specification and description of services proposed to be furnished under this chapter.
3. Description of qualifications of personnel and their
responsibilities, including an assurance that personnel involved in system
analysis, design and plans review, and compliance assurance inspections,
and their supervisors comply with the requirements of the American Society for
Testing and Material (ASTM) Standard Number [ E541-08 E541-10 ]
- Standard Specification for Agencies Engaged in System Analysis and Compliance
Assurance for Manufactured Building or shall obtain ICC or DHCD certifications
in the appropriate subject area within 18 months of employment and maintain
such certifications in an active status.
4. Summary of experience within the organization.
5. General description of procedures and facilities to be used in proposed services, including evaluation of the model, factory follow-up, quality assurance, labeling of production buildings, and specific information to be furnished on or with labels.
6. Procedures to deal with any defective buildings resulting from oversight.
7. Acceptance of these services by independent accrediting
organizations and by other jurisdictions.
8. Proof of independence and absence of conflict of interest.
The ASTM Standard Number [ E541-08 E541-10 ]
may be procured from:
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American Society for Testing and Materials |
13VAC5-91-240. Control of compliance assurance agency certification label.
The labels shall be under direct control of the compliance
assurance agency until and shall be applied by the
manufacturer to buildings that comply fully with this chapter. The labels
shall be applied by the compliance assurance agency or by the manufacturer when
authorized to do so by the compliance assurance agency. The manufacturer
shall place its order for labels with the compliance assurance agency. The
manufacturer is not permitted to acquire labels from any other source. Each
compliance assurance agency shall keep a list of the serial numbers of labels
issued to each manufacturer's plant in such manner that a copy of the record
can be submitted to the administrator upon request.
13VAC5-91-260. Registration seal for industrialized buildings.
A. Registered industrialized buildings shall be marked with approved registration seals issued by the SBCO. The seals shall be applied to a registered industrialized building intended for sale or use in Virginia prior to the shipment of the building from the place of manufacture. The seals shall be applied by the compliance assurance agency or by the manufacturer when authorized to do so by the compliance assurance agency.
B. Registered industrialized buildings shall bear one registration seal on each manufactured section or module, or, as an alternative, the registration seal for each manufactured section or module may be placed in one location in the completed building.
C. Approved registration seals shall be purchased by the
compliance assurance agency from the SBCO in advance of use. The fee for each
registration seal shall be $75 [ , except that the fee for each
registration seal for buildings constructed as Group R-5 under Part I of the
USBC shall be $50 ]. Fees shall be submitted by checks made payable to
"Treasurer of Virginia" or shall be submitted by electronic means.
Payment for the seals must be received by the SBCO before the seals can be sent
to the user. The compliance assurance agency shall maintain permanent records
of seals purchased, including a record of any manufacturers receiving such
seals.
D. To the extent practicable, the registration seal shall be installed so that it cannot be removed without destroying it. The seal shall be applied in the vicinity of the electrical distribution panel or in another location that is readily accessible for inspection and shall be installed near the certification label.
E. Refunds of seals shall be in In accordance
with § 36-85.1 of the Code of Virginia, any person or corporation having
paid the fee for an approved registration seal that it will not use may, unless
and except as otherwise specifically provided, within one year from the date of
the payment of any such fee, apply to the administrator for a refund, in whole
or in part, of the fee paid; provided that no payment shall be recovered unless
the approved registration seal is returned unused and in good condition to the
administrator. An Additionally, as a requirement of this chapter,
an administrative and processing fee of 25% of the amount of the refund due
shall be deducted from the refund; however, such deduction shall not exceed
$250.
13VAC5-91-270. Manufacturer's installation instructions and responsibilities of installers.
A. The manufacturer of each industrialized building shall provide specifications or instructions, or both, with each building for handling, installing, or erecting the building. Such instructions may be included as part of the label from the compliance assurance agency or may be furnished separately by the manufacturer of the building. The manufacturer shall not be required to provide the foundation and anchoring equipment for the industrialized building.
B. Persons or firms installing or erecting registered industrialized buildings shall install or erect the building in accordance with the manufacturer's instructions.
C. Where the installation or erection of an industrialized building utilizes components that are to be concealed, the installer shall notify and obtain approval from the building official prior to concealment of such components unless the building official has agreed to an alternative method of verification.
Note: The Virginia Department of Professional and Occupational Regulation's Board for Contractors requires licenses for certain activities related to the industrialized building industry. For more information, contact the Board for Contractors at 9960 Mayland Drive, Suite 400, Richmond, VA 23233; (804) 367-8511.
DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-91)
International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070 (http://shop.iccsafe.org/codes.html):
ICC International Plumbing Code -- 2009 and 2012 and
2015 Editions
ICC International Mechanical Code -- 2009 and 2012 and
2015 Editions
ICC International Building Code -- 2009 and 2012 and
2015 Editions
ICC International Residential Code -- 2009 and 2012 and
2015 Editions
ICC International Fuel Gas Code -- 2009 and 2012 and
2015 Editions
ICC International Energy Conservation Code -- 2009 and
2012 and 2015 Editions
NFPA 70, National Electrical Code -- 2008 and 2011 and
2014 Editions, National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02169-7471 (http://www.nfpa.org/)
ASTM Standard Number [ E541‑08 E541‑10 ]
-- Standard Specification for Agencies Engaged in System Analysis and
Compliance Assurance for Manufactured Building, American Society for Testing
and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 (http://www.astm.org/)