Proposed Text
13VAC5-91-10. Definitions.
The following words and terms when used in this chapter shall
have the following meaning meanings unless the context clearly
indicates otherwise.
"Administrator" means the Director of DHCD or his designee.
"Approved" as applied to a material, device, method of construction, registered building, or as otherwise used in this chapter means approved by the administrator.
"Building official" means the officer or other designated authority charged with the administration and enforcement of the USBC, or duly authorized representative.
"Compliance assurance agency" means an architect or
professional engineer registered in Virginia, or an organization, determined by
DHCD to be specially qualified by reason of facilities, personnel, experience,
and demonstrated reliability, to investigate, test and evaluate industrialized
buildings; to list such buildings complying with standards at least equal to
this chapter; to provide adequate follow-up services at the point of
manufacture to ensure that production units are in full compliance; and to
provide a label as evidence of compliance on each registered industrialized
building manufactured section or module.
"DHCD" means the Virginia Department of Housing and Community Development.
"ICC" means the International Code Council, Inc.
"Industrialized building" means a combination of one or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. Manufactured homes defined in § 36-85.3 of the Code of Virginia and certified under the provisions of the National Manufactured Housing Construction and Safety Standards Act (42 USC § 5401 et seq.) shall not be considered industrialized buildings for the purpose of this law.
"Model" means a specific design of an industrialized building designated by the producer of the building including production buildings with variations and options that do not affect compliance with the standards governing structural, plumbing, mechanical, or electrical systems or any other items governed by this chapter.
"Registered" means an industrialized building which displays a registration seal issued by DHCD in accordance with this chapter.
"SBCAO" means the State Building Code Administrative Office within DHCD.
"State Review Board" means the Virginia State Building Code Technical Review Board as established by § 36-108 of the Code of Virginia.
"This law" means the Virginia Industrialized Building Safety Law as embraced in Chapter 4 (§ 36-70 et seq.) of Title 36 of the Code of Virginia.
"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-63).
13VAC5-91-20. Application and compliance.
A. This chapter shall apply to industrialized buildings.
The following provisions are in In accordance with § 36-81 of the
Code of Virginia. Registered, registered industrialized buildings
shall be acceptable in all localities as meeting the requirements of the
Industrialized Building Safety Law (Chapter 4 (§ 36-70 et seq.) of Title 36 of
the Code of Virginia), which shall supersede the building codes and regulations
of the counties, municipalities and state agencies. Local requirements
affecting industrialized buildings, including zoning, utility connections,
preparation of the site and maintenance of the unit shall remain in full force
and effect. All building officials are authorized to and shall enforce the
provisions of this law, and the rules and regulations made in pursuance
thereof the Industrialized Building Safety Law (Chapter 4 (§ 36-70 et
seq.) of Title 36 of the Code of Virginia) and this chapter.
B. No In accordance with § 36-78 of the Code of
Virginia, no person, firm or corporation shall offer for sale or rental, or
sell or rent, any industrialized building subject to any provisions of this
chapter if the industrialized building is not in compliance with any such
provisions unless it conforms with the applicable provisions of this
chapter.
C. In accordance with subsection A of this section, the
provisions of the USBC shall not be applicable to the design and construction
of registered industrialized buildings. However, the provisions of this chapter
do not prohibit the administrative provisions of the USBC for permits,
inspections, certificates of occupancy and other matters from being applicable
to the extent they are not addressed by the requirements of this chapter.
Additionally, the provisions of this chapter do not prohibit alterations and
additions to existing industrialized buildings from being regulated by the USBC
or building officials from requiring the submission of plans and specifications
for the model involved in electronic or other available format to aid in the
evaluation of the proposed addition or alteration.
D. Industrialized buildings Further, any
industrialized building constructed prior to before January
1, 1972, shall remain subject to the ordinances, laws or regulations in effect
at the time such industrialized building was constructed. Additionally, the
provisions of this chapter do not prohibit pertinent provisions of the USBC
from being applicable when such industrialized buildings are as a
requirement of this chapter, any industrialized building bearing the label of a
compliance assurance agency shall remain subject to the provisions of this
chapter that were effective when such building was constructed, regardless of
whether the building has been relocated.
C. In accordance with § 36-99 of the Code of Virginia and in accordance with the USBC, the installation or erection of industrialized buildings and alterations, additions, or repairs to industrialized buildings are regulated by the USBC and not this chapter. The USBC provides for administrative requirements for permits, inspections, and certificates or occupancy for such work.
D. Shipping containers and portable on demand storage (PODS) containers are not subject to this chapter.
13VAC5-91-40. Inspection and enforcement.
A. The SBCAO is designated as the administrator's
representative for the enforcement of this chapter and shall act as the
building official for registered industrialized buildings. It shall have
authority to make such inspections during reasonable hours at the
manufacturing facilities and at building sites where industrialized buildings
are being installed. The SBCAO shall have authority to issue inspection reports
for correction of violations caused by the manufacturer and to take such
other actions as are required to enforce this chapter.
B. The SBCAO will maintain a list of approved compliance assurance agencies. Each manufacturer producing registered industrialized buildings will contract with one or more compliance assurance agencies for required evaluation, monitoring and inspection services. The contract will delineate the services to be provided by the compliance assurance agency. The compliance assurance agency will notify the SBCAO within 30 days of signing a new contract or terminating an existing contract with any manufacturer.
13VAC5-91-50. Factory Right of entry and field
inspections examination by administrator.
A. The SBCAO shall conduct such inspections of factories
producing industrialized buildings as may be necessary during reasonable hours to
determine whether the designated compliance assurance agency is performing its
evaluation and compliance assurance functions in a satisfactory manner.
B. The SBCAO may also make inspections during reasonable
hours to determine whether unoccupied industrialized buildings are in
compliance with this chapter. Such inspections may include, but are not limited
to, industrialized buildings on dealer lots or industrialized buildings that
are otherwise offered for sale to the public. Occupied industrialized buildings
may be inspected by the SBCAO at the request of the owners or occupants.
In accordance with § 36-82 of the Code of Virginia, the administrator shall have the right, at all reasonable hours, to enter into any industrialized building upon permission of any person who has authority or shares the use, access, or control over the building, or upon request from local officials having jurisdiction, for examination as to compliance with this chapter.
13VAC5-91-60. Violations Notice of violation.
Where In accordance with § 36-82 of the Code of
Virginia, whenever the administrator finds shall find any
violation of the provisions of this chapter, a notice of violation shall
be issued. This notice of violation shall order the party responsible he
shall order the person responsible therefor to bring the unit building
into compliance within a reasonable time, to be fixed in the order. The
In addition, as a requirement of this chapter, the administrator may
request assistance from the building official for enforcement of this section.
13VAC5-91-70. Appeals.
A. Appeals In accordance with § 36-82.1 of the Code
of Virginia, appeals from building officials, compliance assurance agencies
or manufacturers of industrialized buildings concerning DHCD's application of
this chapter shall be heard by the State Review Board established by §
36-108 of the Code of Virginia. The State Review Board shall have the power and
duty to render its decision in any such appeal, which decision shall be final
if no further appeal is made. In addition, as a requirement of this chapter,
appeals shall be submitted to the State Review Board within 21 calendar
days of receipt of DHCD's decision. A copy of the decision of DHCD to be
appealed shall be submitted with the application for appeal. Failure to submit
an application for appeal within the time limit established by this section
shall constitute acceptance of DHCD's decision.
B. Procedures of the State Review Board are in accordance
with Article 2 (§ 36-108 et seq.) of Chapter 6 of Title 36 of the Code of Virginia.
Decisions of the State Review Board shall be final if no appeal is made
therefrom.
13VAC5-91-100. Duties and responsibilities of building officials in the installation or erection of a registered industrialized building.
A. Building All building officials are
authorized by § 36-81 of the Code of Virginia to enforce the provisions of this
chapter and shall carry out the following functions provided such
functions do not involve disassembly of the registered building or a change in
its design or result in the imposition of more stringent conditions than those
required by the compliance assurance agency or by this chapter be
responsible for and authorized to do the following.
1. Verify through inspection that the registered industrialized
building displays the required state registration seal and the proper label of
the compliance assurance agency and.
2. Verify through inspection that the registered
industrialized building has not been damaged in transit to a degree that
would render it unsafe. If the building has been damaged, then the building
official is authorized to require tests for tightness of plumbing systems and
gas piping and tests for damaged or loose wires, or both, in the electrical
system an operational test to ensure that all luminaries and receptacles
are operable.
2. Verify through inspection that (i) supplemental
components required by the data plate or by the installation instructions are
properly provided and properly installed, (ii) the construction work associated
with the installation of the building and the instructions from the
manufacturer for the installation and erection of the building are followed,
and (iii) any special conditions or limitations of use for the building that
are stipulated in the manufacturer's instructions or by the data plate and
authorized by this chapter are followed.
3. Prevent the use or occupancy of a registered industrialized building that in the opinion of the building official contains a serious defect or imminent safety hazard and notify the SBCAO immediately.
4. Notify the SBCAO of any apparent violations of this chapter to include defects and noncompliance.
B. Building officials are authorized to require submission
of plans and specifications for details of items needed to comprise the
finished building that are not included or specified in the manufacturer's
installation instructions such as footings, foundations, supporting structures
and proper anchorage. They may require such architectural and engineering
services as may be necessary to assure that the footings, foundations and
supporting structures, proper anchorage and other components necessary to
comprise the finished building are designed in accordance with the applicable
provisions of this chapter.
C. When a building official determines that a violation of
any provision of this section is present, the responsible person shall be
notified and given a reasonable time to correct the violation. If the violation
is not corrected, the building official shall institute the appropriate
proceedings to require correction or abatement of the violation and may
prohibit the occupancy of the building until the violation is corrected. In
accordance with 13VAC5-91-60, the administrator shall also have the authority
to compel correction of violations of this section and may be contacted by the
building official for assistance.
B. In accordance with § 36-99 of the Code of Virginia and the USBC, all site work associated with the installation or erection of an industrialized building is subject to the USBC. In addition, under the USBC, all administrative requirements for permits, inspections, and certificates of occupancy are also applicable.
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. Unregistered industrialized buildings offered for sale in this Commonwealth shall be marked by a warning sign to prospective purchasers that the building is not registered in accordance with this chapter and must be inspected and approved by the building official. The sign shall be of a size and form approved by the administrator and shall be conspicuously posted on the exterior of the unit near the main entrance door. This requirement shall not apply to residential accessory buildings.
C. An existing unregistered industrialized building may be registered in accordance with 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 SBCAO.
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.
13VAC5-91-160. Use of model codes and standards.
A. Industrialized buildings produced after May 1, 2008 (date
to be inserted), shall be reasonably safe for the users and shall
provide reasonable protection to the public against hazards to life, health and
property. Compliance comply with all applicable requirements of the
following codes and standards, subject to the specified time limitations,
shall be acceptable evidence of compliance with this provision:
The following codes and standards may be used until August
1, 2008 (date to be inserted):
1. ICC International Building Code -- - 2003
2006 Edition
2. ICC International Plumbing Code -- - 2003
2006 Edition
3. ICC International Mechanical Code -- - 2003
2006 Edition
4. National Fire Protection Association Standard Number 70
(National Electrical Code) -- - 2002 2005 Edition
5. ICC International Residential Code -- - 2003
2006 Edition
B. The following documents are adopted and incorporated by reference to be an enforceable part of this chapter:
1. ICC International Building Code -- - 2006
2009 Edition
2. ICC International Plumbing Code -- - 2006
2009 Edition
3. ICC International Mechanical Code -- - 2006
2009 Edition
4. National Electrical Code -- - 2005 2008
Edition
5. ICC International Residential Code -- - 2006
2009 Edition
The codes and standards referenced above may be procured from:
|
International Code Council, Inc. |
13VAC5-91-200. Information required by the administrator.
All of the following information and criteria will be considered by the administrator in designating 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, compliance assurance inspections, and their
supervisors comply with the requirements of the American Society for Testing
and Material (ASTM) Standard Number E541-01 E541-08 - 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 E541-01 E541-08 may be
procured from:
|
American Society for Testing and Materials |
13VAC5-91-210. Compliance assurance agency certification label.
Every manufactured section or module of a registered industrialized building shall be marked with a label supplied by the compliance assurance agency that includes the name and address of the compliance assurance agency and the certification label number.
13VAC5-91-245. Manufacturer's data plate.
A. All of the following information shall be placed on a permanent manufacturer's data plate in the vicinity of the electrical distribution panel or in some other location that is readily accessible for inspection. The compliance assurance agency shall approve the form and location of the data plate and shall ensure that the data plate is complete:
1. Manufacturer's name and address.
2. Compliance assurance agency certification number.
3. Serial number of each module of the building.
4. Serial number of the Virginia registration seal.
5. Date of manufacture of the building.
6. List of codes and standards under which the building was evaluated and constructed and the type of construction and occupancy classification under those codes and standards.
7. Design live roof load, design floor live load and,
design wind load speed, and design ground snow load.
8. Seismic design zone number.
9. 8. Thermal transmittance values or thermal
resistance ("R") values.
10. 9. Special conditions or limitations
concerning the use of the building under the codes and standards applicable to
the building; however, a list of such conditions or limitations that are
furnished separately with the building shall satisfy this requirement.
11. 10. Special instructions for handling,
installation and erection of the building,; however, a list of such
instructions that are furnished separately with the building shall satisfy this
requirement.
12. 11. Designation of electrical service ratings,
directions for water and drain connections and, where applicable,
identification of permissible type of gas for appliances.
13. 12. Name of manufacturer and model
designation of major factory installed appliances.
B. The manufacturer shall maintain copies of the data plate and reports of inspection, tests and any corrective action taken for a minimum period of 10 years from the date of manufacture of the building.
13VAC5-91-260. Registration seal for industrialized buildings.
A. Registered industrialized buildings shall be marked with an
approved registration seal seals issued by the SBCAO. The seal
seals shall be applied by the manufacturer to a registered industrialized
building intended for sale or use in Virginia prior to the shipment of the
building from the place of manufacture.
B. Registered industrialized buildings shall bear a one
registration seal for on each dwelling unit in residential
occupancies. For nonresidential occupancies, a manufactured section or
module, or, as an alternative, the registration seal is required for
each registered for each manufactured section or module may be placed in
one location in the completed building.
C. Approved registration seals may be purchased from the SBCAO
in advance of use. The fee for each registration seal shall be $75 $50.
Checks 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 SBCAO before the seals can be
sent to the user.
D. To the extent practicable, the registration seal shall be installed so that it cannot be removed without destroying it. It shall be installed near the label applied by the compliance assurance agency.
E. The compliance assurance agency or the manufacturer under the supervision of the compliance assurance agency shall maintain permanent records of the disposition of all Virginia registration seals obtained by the compliance assurance agency or manufacturer.
DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-91)
ICC International Plumbing Code -- 2003 and 2006 and
2009 Editions, International Code Council.
ICC International Mechanical Code -- 2003 and 2006 and
2009 Editions, International Code Council.
National Fire Protection Association Standard Number 70
(National Electrical Code) -- 2002 and 2005 and 2008 Editions.
ICC International Building Code -- 2003 and 2006 and
2009 Editions, International Code Council.
ICC International Residential Code -- 2003 and 2006 and
2009 Editions, International Code Council.
ASTM Standard Number E541-01 E541-08 -- Standard
Specification for Agencies Engaged in System Analysis and Compliance Assurance
for Manufactured Building, American Society for Testing and Materials.