Agencies | Governor
Virginia Regulatory Town Hall

Final Text

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Action:
Amend the Virginia Industrialized Building Safety Regulations
Stage: Final
 
13VAC5-91-20

13VAC5-91-20. Application and compliance.

A. This chapter shall apply to industrialized buildings. The following provisions are 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.

B. No person, firm or corporation shall offer for sale or rental, or sell or rent, any industrialized building produced after the effective date of subject to any provision provisions of this chapter unless it conforms with such provision if the industrialized building is not in compliance with any such provisions.

C. Industrialized buildings subject to any edition of this chapter when constructed shall be maintained in compliance with the applicable edition by the owners or occupants, or both 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 constructed prior to January 1, 1972, shall be 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 relocated.

Statutory Authority

§36-73 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-100

13VAC5-91-100. Responsibility Duties and responsibilities of building officials in the installation or erection of a registered industrialized building.

Every building official is authorized to and shall enforce the provisions of this chapter within the limits of his jurisdiction. The building official shall not permit the use of any industrialized building that does not comply with this chapter.

A. Building officials 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.

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 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.

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.

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.

Statutory Authority

§36-73 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-110

13VAC5-91-110. Registered industrialized buildings. (Repealed.)

Industrialized buildings that are registered shall be accepted in all localities as meeting the requirements of this law. Notwithstanding this provision, building officials are authorized to carry out the following functions that apply to registered industrialized buildings 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.

1. Building officials shall verify that the registered industrialized building has not been damaged in transit to a degree that would render it unsafe. Where indicated, this may include tests for tightness of plumbing systems and gas piping and tests for damaged or loose wires, or both, in the electrical system.

2. Building officials shall verify that supplemental components required by the label or by this chapter are properly provided.

3. Building officials shall verify that the instructions of the label for installation and erection are observed.

4. Building officials shall verify that any special conditions or limitations of use that are stipulated by the label and authorized by this chapter are observed.

5. Building officials may require submission and approval of plans and specifications for items not included or specified in the manufacturer's installation instructions such as the supporting structures, foundations and anchorage and all other components necessary to form the completed building. They may require such architectural and engineering services as may be specifically authorized by this chapter to assure that the supporting structures, foundations and anchorage and other components necessary to form the completed building are designed in accordance with this chapter.

6. Building officials shall enforce applicable requirements of this chapter and the USBC for alterations and additions to the units or to the buildings. As an aid, they may require submission of plans and specifications of the model of the unit. Such plans and specifications may be furnished on approved microfilm.

7. Building officials shall enforce the requirements of the USBC applicable to utility connections, site preparation, building permits, certificates of use and occupancy, and all other applicable requirements of the USBC, except those governing the design and construction of the registered building.

8. Building officials shall verify that the building displays the required state registration seal and the proper label of the compliance assurance agency.

Statutory Authority

§36-73 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; repealed, Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-115

 [ 13VAC5-91-115. Change of occupancy classification.

When the occupancy classification of a registered industrialized building is proposed to be changed, a compliance assurance agency shall inspect the building, including any disassembly necessary, to determine whether compliance may be achieved for a change of occupancy classification in accordance with the USBC. If factory plans are available, then disassembly is not required to the extent that the factory plans can be reasonably verified to reflect the actual construction. Once any necessary work is completed, the compliance assurance agency shall prepare a report documenting the method utilized for the change of occupancy and any alterations to the building to achieve compliance. When the report is complete, the compliance assurance agency shall (i) mark the building with a new compliance assurance agency label in accordance with 13VAC5-91-210, which replaces the existing label; (ii) place a new manufacturer's data plate on the building in accordance with 13VAC5-91-245, which replaces the existing manufacturer's data plate and reflects the new occupancy classification; and (iii) forward a copy of the report and new data plate to the SBCAO. 

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-120

 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.

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, 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. ]

Statutory Authority

§36-73 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-160

13VAC5-91-160. Use of model codes and standards.

A. Industrialized buildings produced after November 16, 2005(effective date of final regulation to be inserted) May 1, 2008 ], shall be reasonably safe for the users and shall provide reasonable protection to the public against hazards to life, health and property. Compliance 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 February 16, 2006(date three months after above date to be inserted) August 1, 2008 ]:

1. ICC International Building Code — 2000 2003 Edition

2. ICC International Plumbing Code — 2000 2003 Edition

3. ICC International Mechanical Code — 2000 2003 Edition

4. National Fire Protection Association Standard Number 70 (National Electrical Code) — 1999 2002 Edition

5. ICC International Residential Code — 2000 2003 Edition

B. The following documents are adopted and incorporated by reference to be an enforceable part of this chapter:

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 Electrical Code — 2002 2005 Edition

5. ICC International Residential Code — 2003 2006 Edition

The codes and standards referenced above may be procured from:

 

International Code Council, Inc.
5203 Leesburg Pike, Suite 600
Falls Church, VA 22041
500 New Jersey Avenue, NW, 6th Floor
Washington, DC 20001-2070
 ]

Statutory Authority

§36-73 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-270

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.

Statutory Authority

§36-73 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008.

13VAC5-91-270:1

DOCUMENTS INCORPORATED BY REFERENCE

ICC International Plumbing Code — 2000 and 2003 and 2006 Editions, International Code Council.

ICC International Mechanical Code — 2000 and 2003 and 2006 Editions, International Code Council.

National Fire Protection Association Standard Number 70 (National Electrical Code) — 1999 and 2002 and 2005 Editions.

ICC International Building Code — 2000 and 2003 and 2006 Editions, International Code Council.

ICC International Residential Code — 2000 and 2003 and 2006 Editions, International Code Council.

ASTM Standard Number E541-01 — Standard Specification for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building, American Society for Testing and Materials.