Chapter 10
BUILDINGS AND BUILDING REGULATIONS*
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Charter references: Provision adopting Code of Virginia, § 15.2-906, relating to construction and repair of buildings and other structures, § 3.
State law references: Authority of city to make regulations concerning the building of houses, Code of Virginia, § 36-105; authority of city to enact ordinances to require removal or repair of dangerous buildings, Code of Virginia, § 15.2-906; the Virginia Uniform Statewide Building Code, Code of Virginia, §§ 36-97– 36-119; enforcement of Uniform Statewide Building Code by local officials and authority of local governing bodies to levy fees, Code of Virginia, § 36-105; Virginia Fire Safety Law, Code of Virginia, § 27-63 et seq.
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Article I. In General
Sec. 10-1. Virginia Uniform Statewide Building Code adopted and made applicable within city; where filed; short title.
Sec. 10-2. Right of entry of building official; authority to cut off electricity and to disconnect wiring.
Sec. 10-3. Liability of persons enforcing building code.
Sec. 10-4. Fire limits and districts.
Sec. 10-5. Application for building permits.
Sec. 10-6. Permit and inspection fees.
Sec. 10-7. Additional fees relating to building permits.
Sec. 10-8. Board of appeals.
Sec. 10-9. Violations and penalties.
Secs. 10-10– 10-36. Reserved.
Article II. Building Contractors
Sec. 10-37. Certification required.
Sec. 10-38. Administration.
Sec. 10-39. Bond requirements for electricians.
Sec. 10-40. Penalty.
Secs. 10-41– 10-68. Reserved.
Article III. Erosion and Sediment Control
Sec. 10-69. Purpose.
Sec. 10-70. Program and regulations established.
Sec. 10-71. Designation of administrator and enforcement authority.
Sec. 10-72. Approval of plans and issuance of permit and fee.
Sec. 10-73. Appeals and penalties.
Sec. 10-74. Surety required.
Sec. 10-75. Liability of persons enforcing the erosion and sediment control regulations.
ARTICLE I. Sec. 10-1. Virginia Uniform Statewide Building Code adopted and made applicable within city; where filed; short title.
(a) There is hereby adopted by reference the Virginia Uniform Statewide Building Code, a copy of each component thereof being now, and shall remain, on file in the office of the city clerk, and shall there be available to the public for inspection and use during all regular business hours. The provisions of such code shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings, and all other functions which pertain to the installation of systems vital to all buildings and structures and their service equipment as defined by the Virginia Uniform Statewide Building Code, and shall apply to existing and proposed buildings or structures in the city.
(b) The Virginia Uniform Statewide Building Code hereby adopted may be known and cited simply as the "building code."
(Code 1984, § 5-1)
State law references: Enforcement of statewide building code, Code of Virginia, § 36-97 et seq.
Sec. 10-2. Right of entry of building official; authority to cut off electricity and to disconnect wiring.
The building official and his designated representatives, in the discharge of their official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour, in compliance with all applicable provisions of law; and they shall have the authority to cause the turning off of all electricity and cut or disconnect, in cases of emergency, any wire where such electricity is dangerous to life or property.
(Code 1984, § 5-7)
Sec. 10-3. Liability of persons enforcing building code.
The building official and any officer or employee charged with the enforcement of the building code, acting in good faith and without malice for the city in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or other city officer or employee, because of such act or omission performed by him in the enforcement of any provisions of the building code, shall be defended by the city attorney until final termination of the proceedings.
(Code 1984, § 5-8)
Sec. 10-4. Fire limits and districts.
The fire limits of the city are hereby established as follows: All of the CBD Central Business District south of the east bound track of the Norfolk and Western Railway Company and that portion of the B-3 General Business District south of the east bound track of the Norfolk and Western Railway Company bordered on the south by Franklin Street and that portion of the M-2 Manufacturing and Industry District bound on the west and south by the CBD Central Business District and on the north and east by Jackson and Grove Streets as shown on the map known as the "Zoning District Map Official Map of the City" as revised March 1974, and on file in the office of the city clerk. Within these fire limits, there shall be two fire districts:
(1) The first fire district shall consist of that area within the perimeter of the following street or railroad lines: Beginning at West Main Street at the intersection of Center Street; thence south down Center Street to Washington Street; thence east on Washington Street to Otey Street; thence north along Otey Street to East Main Street; thence east along East Main Street to Stone Street; thence north along Stone Street to Plunkett Street; thence crossing Plunkett Street to the Norfolk and Western Railroad tracks; thence west along the Norfolk and Western Railroad tracks to Fourth Street; thence south along Fourth Street to West Main Street; thence east along West Main Street to the intersection of Center Street.
(2) The second fire district shall be all of that area remaining within the fire limits lying outside of the perimeter of the first fire district.
(Code 1984, § 5-9)
Sec. 10-5. Application for building permits.
(a) Application for a building permit shall be made on a form prescribed and furnished by the building official and each application shall be accompanied by payment to the city of a fee to be computed in accordance with the schedule for building permit fees.
(b) Application for an electrical permit shall be made on a form prescribed and furnished by the building official and each application shall be accompanied by payment to the city of a fee to be computed in accordance with the schedule for building permit fees.
(c) Application for a plumbing permit shall be made on a form prescribed and furnished by the building official and each application shall be accompanied by payment to the city of a fee to be computed in accordance with the schedule for building permit fees.
(d) Application for a heating (mechanical and/or air conditioning) permit shall be made on a form prescribed and furnished by the building official and each application shall be accompanied by payment to the city of a fee to be computed in accordance with the schedule for building permit fees.
(Code 1984, § 5-10)
Sec. 10-6. Permit and inspection fees.
(a) The city council may, by ordinance or resolution, adopt a schedule of fees for permits and inspections required by the building code or by other provisions of this chapter, and while any such schedule is in effect and on file in the office of the city clerk, no permit shall be issued or inspection made for which a fee is payable until such fee has been paid to the city treasurer.
(b) Until such time as a schedule is adopted and placed on file in the office of the city clerk pursuant to the provisions of subsection (a) of this section, the permit and inspection fees in effect as of the effective date of this Code shall continue in full force and effect.
(Code 1984, § 5-11)
State law references: Authority of local governing bodies to levy fees in order to defray cost of enforcing building code, Code of Virginia, § 36-105.
Sec. 10-7. Additional fees relating to building permits.
No amendment to a permit necessitating an additional fee because of an increase in the estimated cost of the work involved shall be approved until the additional fee shall have been paid. The payment of the fee for the construction, alteration, removal or demolition and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant for or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the building inspection department.
(Code 1984, § 5-12)
Sec. 10-8. Board of appeals.
(a) The owner of a building or structure or any other person may appeal a decision of the building official or the fire official refusing to grant a modification of the provisions of the Uniform Statewide Building Code or Fire Prevention Code covering the manner of construction materials or fire prevention requirements to be used in the erection, alteration, repair of a building or structure, or maintenance requirements to the board of appeals. Application for appeal may be made when it is claimed that the true intent of the code or codes or rules legally adopted thereunder has been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction can be used.
(b) The board of appeals shall be appointed by council and function in conformance with the Uniform Statewide Building Code and BOCA Basic Fire Prevention Code, as may be amended.
(c) Members of the board shall serve without compensation.
(Code 1984, § 5-13)
Sec. 10-9. Violations and penalties.
Any person who shall violate a provision of the building code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of the building code, shall be guilty of a misdemeanor, punishable by a fine of $2,500.00. Each day that a violation continues shall be deemed a separate offense.
(Code 1984, § 5-14)
State law references: Violations, misdemeanor, civil penalty, Code of Virginia, § 36-106.
Secs. 10-10– 10-36. Reserved.
ARTICLE II. ------------
Charter references: Authority of city council to require business licenses unless prohibited by general law, § 3.
State law references: Contractors, Code of Virginia, § 54.1-1100 et seq.
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Sec. 10-37. Certification required.
(a) It shall be unlawful for any person to carry on or engage in, or offer to engage in, for the general public for compensation, plumbing, building-related mechanical or electrical work, unless such person has been issued a certificate of qualification. It shall be unlawful for the commissioner of the revenue to issue a license to carry on or engage in, or offer to engage in, for the general public for compensation, plumbing, building-related mechanical or electrical work, unless such person has been issued a certificate of qualification Level II in accordance with this section.
(b) The applicant for such certificate shall furnish evidence of his ability and proficiency as may be required by standards established by the state department of housing and community development, and the applicant shall be examined to determine his qualifications. The issuance of certificates pursuant to these standards shall be limited to two levels based on the ability and proficiency demonstrated by the applicant in the specified areas of competency.
(Code 1984, § 5-15)
Sec. 10-38. Administration.
The city code enforcement officer shall administer all examinations, as furnished by the state department of housing and community development, to determine an applicant's qualification for certification, and the code enforcement officer shall refuse to grant any certification to an applicant found not to be qualified. A one-time certification fee which is on file in the city clerk's office shall be charged for each applicant for Level I certification. A one-time certification fee which is on file in the city clerk's office shall be charged each applicant for a Level II certification.
(Code 1984, § 5-16)
Sec. 10-39. Bond requirements for electricians.
Any person wishing to obtain an electrician's license pursuant to this article shall furnish to the commissioner of revenue a bond with surety satisfactory to the city in an amount not less than $2,000.00, to indemnify and save harmless the city and its citizens from all accidents, damage and loss, which such city or its citizens may sustain by reason of failure to comply with the law, rules and regulations which are now, or may hereinafter be, passed by the council of the city, state or federal government, or from neglect or carelessness in his work. Such bond shall be renewed annually and filed with the city commissioner during the month of January of each year. Any person with a Class A state contractor's license shall be exempt from the provisions of this section.
(Code 1984, § 5-17)
Sec. 10-40. Penalty.
The violation of any of the provisions of this article shall constitute a Class 3 misdemeanor and be punishable as such.
(Code 1984, § 5-18)
Secs. 10-41– 10-68. Reserved.
ARTICLE III. ------------
State law references: Erosion and sediment control, Code of Virginia, § 10.1-560 et seq.
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Sec. 10-69. Purpose.
This article shall provide for, both during and following development, the effective control of erosion and sedimentation by the enforcement of the Virginia Erosion and Sediment Control Law and the minimum standards promulgated by the state soil and water conservation board and known as the state erosion and sediment control regulations.
(Code 1984, § 5-19; Ord. of 12-14-1999, § 1(5-19))
Sec. 10-70. Program and regulations established.
The erosion and sediment control program of the city shall consist of the current state erosion and sediment control handbook for standards and guidelines relating to soil erosion and sediment control. The city shall exercise the responsibilities of the program authority, as provided by state law and by this article.
(Code 1984, § 5-20; Ord. of 12-14-1999, § 1(5-20))
Sec. 10-71. Designation of administrator and enforcement authority.
The building official is designated as the administrator, enforcement officer and permit issuing authority in the city and shall have the power and authority to inspect, monitor, report, issue and revoke permits and to ensure compliance with the erosion and sediment control program of the city. The plans for a land disturbing activity shall be forwarded to the engineering department for review, recommendations and inspections.
(Code 1984, § 5-21; Ord. of 12-14-1999, § 1(5-21))
Sec. 10-72. Approval of plans and issuance of permit and fee.
(a) Erosion and sediment control plans shall be submitted to and reviewed and acted upon by the administrator or his designee. A plan is required for all land disturbing activities in excess of 10,000 square feet except as exempted in the State Code, Erosion and Sediment Control Law. The applicant shall apply for a land disturbing permit from the city. Plans shall be approved and permits shall be issued pursuant to the state law and applicable regulations of the state soil and water conservation board or its successor board.
(b) Applicants shall pay to the city a fee to defray the cost of program administration, including costs associated with plan review, issuance of land disturbing permits, periodic inspection and enforcement. The fee per acre or portion thereof, of the land disturbing activity is on file in the city clerk's office.
(Code 1984, § 5-22; Ord. of 12-14-1999, § 1(5-22))
Sec. 10-73. Appeals and penalties.
Appeals and penalties shall be in accordance with the Virginia Erosion and Sediment Control Law. For purposes of this section, the "person aggrieved" shall be limited to the applicant or permit holder, owners of adjacent and downstream property and any interested government agency or officer thereof.
(Code 1984, § 5-23; Ord. of 12-14-1999, § 1(5-23))
Sec. 10-74. Surety required.
Land disturbing activities in excess of one acre shall require a surety approved by the administrator, in an amount and for a duration satisfactory to insure soil stabilization.
IN GENERAL
BUILDING CONTRACTORS*
EROSION AND SEDIMENT CONTROL*