Proposed Text
13VAC5-21-10. Definitions.
A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" means a person seeking a certificate from
the BHCD.
"BCAAC" means the Building Code Academy Advisory
Committee appointed by the BHCD under pursuant to subdivision 7
of §36-137 of the Code of Virginia.
"BHCD" means the Virginia Board of Housing and Community Development.
"Certificate" means a certificate of competence issued pursuant to subdivision 6 of §36-137 of the Code of Virginia concerning the content, application, and intent of specified subject areas of the building and fire prevention regulations promulgated by the BHCD and issued to present or prospective personnel of local governments and to any other persons seeking to become qualified to perform inspections pursuant to Chapter 6 (§36-97 et seq.) of Title 36 of the Code of Virginia, Chapter 9 (§27-94 et seq.) of Title 27 of the Code of Virginia, and any regulations adopted thereunder, who have completed training programs or in other ways demonstrated adequate knowledge.
"Certificate holder" means a person to whom the
BHCD has issued a certificate has been issued.
"Code academy" means the Virginia Building Code
Academy established under subdivision 14 of §36-139 of the Code of Virginia or
individual or regional training academies accredited by DHCD the
department pursuant to subdivision 7 of §36-137 of the Code of Virginia.
"DFP" means the Virginia Department of Fire Programs.
"DHCD" "Department" means
the Virginia Department of Housing and Community Development.
"SFPC" means the Virginia Statewide Fire Prevention Code (13VAC5-51).
"State Review Board" means the Virginia State Building Code Technical Review Board established under §36-108 of the Code of Virginia.
"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-63).
"VADR" means the Virginia Amusement Device Regulations (13VAC5-31).
B. Words and terms used in this chapter that are defined in the USBC, VADR or SFPC and that are not defined in this chapter shall have the meaning ascribed to them in those regulations unless the context clearly indicates otherwise.
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 16, Issue 20, eff. September 15, 2000; Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.
13VAC5-21-20. Purpose.
The purpose of this chapter is to establish standards for
applicants for a BHCD certificate and standards to be used by DHCD
the department in the evaluation and determination of a person's
eligibility for the issuance of BHCD certificates.
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 16, Issue 20, eff. September 15, 2000; Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.
13VAC5-21-31. Qualification and examination requirements.
A. An applicant for a BHCD certificate in categories
associated with the USBC or the SFPC shall provide a written endorsement from the
code official or the code official's supervisor in the locality in which they
are employed certifying that the applicant complies with the qualification
section in the USBC or the SFPC for each type of certificate sought. When the
applicant for a BHCD certificate in categories associated with the USBC
or the SFPC is a nongovernment employee, the applicant shall provide
documentation that the applicant complies with the qualification section in the
USBC or the SFPC as it would relate to the applicant's job responsibilities for
each type of certificate sought.
B. An applicant for a BHCD certificate in categories
associated with the VADR shall provide a written endorsement from the
applicant's supervisor or a person having a similar relationship to the applicant
certifying that the applicant is generally qualified to conduct activities
related to the VADR.
C. Applicants for all BHCD certificates shall provide
proof of successful completion of approved examinations for each type of
certificate sought, except as provided for in 13VAC5-21-45. DHCD The
department shall maintain a list of approved testing agencies and
examinations that meet nationally accepted standards for each type of
certificate offered. For information on approved testing agencies and
examinations contact: DHCD, Division of Building and Fire Regulation the
department's Technical Assistance Services Office, 501 N. 2nd St.,
Richmond, VA 23219, telephone (804) 371-7180.
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.
13VAC5-21-41. Certification categories and training requirements.
A. DHCD shall maintain The department maintains
a list of all BHCD certification categories certificates offered
and the list shall set sets out the required training necessary
to attend and complete to obtain a certificate. This section also contains
specific training requirements for some certification categories certificates
offered that may be duplicated on the list or that may be in addition to
those set out on the list. Alternatives to the training requirements set
out in 13VAC5-21-45 shall be permitted for all categories on the list certificates
offered except that no alternative shall be accepted for the code academy
core module.
For further information on BHCD certification categories
and required training, contact: DHCD, Division of Building and Fire Regulation,
501 N. 2nd St., Richmond, VA 23219, (804) 371-7180.
B. Applicants for all BHCD certificates shall attend
and complete the code academy core module. In addition to the completion of the
core module, applicants for the following categories of BHCD certification
certificates are required to attend and complete the following code
academy training, except as provided for in 13VAC5-21-45:
|
Code Academy Training |
Building official |
Advanced official module |
Fire official |
Advanced official module and the 1031 school as administered by DFP |
Building maintenance official |
Advanced official module and the property maintenance module |
Fire prevention inspector |
The 1031 school as administered by DFP |
Amusement device inspector |
Amusement device inspection module |
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.
13VAC5-21-45. Alternatives to examination and training requirements.
A. An applicant for a BHCD certificate with the written
endorsement or documentation required by 13VAC5-21-31 may submit a written
request to DHCD the department to approve an equivalent
examination by a testing agency not on the list of approved testing agencies maintained
by DHCD to satisfy the examination requirements of 13VAC5-21-31. DHCD
may request the assistance of BCAAC may be consulted with in any
such consideration.
B. Upon written application by any applicant for a BHCD
certificate, DHCD may approve request, alternative training or a
combination of training, education or experience to satisfy the training
requirements of 13VAC5-21-41 may be approved, provided that such
alternatives or combinations are determined to be equivalent to that required.
However, as provided in 13VAC5-21-41, no substitutions shall be approved for
the code academy core module. The types of combinations of education and
experience may include military training, college classes, technical schools or
long-term work experiences, except that long-term work experiences shall not be
approved as the sole substitute to satisfy the training requirements. DHCD
may request the assistance of BCAAC may by consulted with in any
such consideration.
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.
13VAC5-21-51. Issuance of certificates.
A. Certificates will be issued when DHCD determines an
applicant has complied with the applicable requirements of this chapter for
the certification sought. Certificate holders will be classified by DHCD
as active or inactive. An active certificate holder is a person who is
certified and who has attended all periodic training courses designated by DHCD
the department subsequent to becoming certified. An inactive certificate
holder is a person who is certified but has not attended all such training
courses. An inactive certificate holder may request reinstatement from DHCD
as an active certificate holder after completing make-up training courses
authorized by DHCD the department. DHCD may also issue
provisional Provisional certificates may also be issued in
accordance with subsection C of this section.
B. All certificates issued by the BHCD since June 1978
are considered to be valid unless revoked or suspended by the BHCD ,
except that provisional certificates shall remain valid as set out under
subsection C of this section.
C. A provisional certificate may be issued by the BHCD
to (i) a person who has been directed by the BHCD department to
obtain a certificate; (ii) an applicant requesting a certificate under the
alternative examination or training provisions of 13VAC5-21-45; or (iii) an
applicant when the required DHCD or DFP training has not been provided
or offered.
Such a provisional certificate may be issued when the
applicant has (i) provided the written endorsement or documentation required by
13VAC5-21-31, (ii) satisfactorily completed the code academy core module, and
(iii) completed any training through the code academy or through other
providers determined by DHCD to warrant the issuance of the provisional
certificate.
The provisional certificate is valid for a period of one year
after the date of issuance and shall only be issued once to any individual,
except that a provisional certificate shall remain valid when the required DHCD
or DFP training has not been provided or offered.
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.
13VAC5-21-61. Sanctions.
When the BHCD determines a certificate holder has failed to
comply with an order issued by the State Review Board or failed to meet the
required training or testing requirements, then a warning letter may be
issued and kept in records by DHCD for that individual to the
certificate holder or a certificate issued under this chapter may be
revoked or suspended by the BHCD. A record of any action taken pursuant to
this section shall be retained in the training record of the certificate
holder.
Statutory Authority
§36-137 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Errata, 22:5 VA.R. 734 November 14, 2005; Volume 24, Issue 14, eff. April 16, 2008.