CHAPTER 1 ADMINISTRATION - ecodes.biz

1 CHAPTER 1 ADMINISTRATIONSECTION Short Uniform Statewide BuildingCode, Part III, Maintenance, may be cited as theVirginia Main-tenance Incorporation by 8ofthe2006 International Property Maintenance Code, published by theInternational Code Council, Inc., are adopted and incorporatedby reference to be an enforceable part of theVirginia Mainte-nance Code. The term IPMC means the 2006 InternationalProperty Maintenance Code, published by the InternationalCode Council, Inc. Any codes and standards referenced in theIPMC are also considered to be part of the incorporation by ref-erence, except that such codes and standards are used only tothe prescribed extent of each such Numbering dual numbering system is used intheVirginia Maintenance Codeto correlate the numbering sys-tem of theVirginia Administrative Codewith the numberingsystem of the IPMC. IPMC numbering system designations areprovided in the catch-lines of theVirginia Administrative Codesections and cross references between sections or chapters oftheVirginia Maintenance Codeuse only the IPMC numberingsystem designations.

2 The term CHAPTER is used in the contextof the numbering system of the IPMC and may mean a chapterin theVirginia Maintenance Code, a CHAPTER in the IPMC or achapter in a referenced code or standard, depending on the con-text of the use of the term. The term CHAPTER is not used to des-ignate a CHAPTER of theVirginia Administrative Code, unlessclearly Arrangement of code Mainte-nance Codeis comprised of the combination of (i) the provi-sions of CHAPTER 1, ADMINISTRATION , which are establishedherein, (ii) Chapters2 8oftheIPMC, which are incorporatedby reference in Section , and (iii) the changes to the text ofthe incorporated chapters of the IPMC which are specificallyidentified. The terminology changes to the text of the incorpo-rated chapters of the IPMC which are specifically identified shall also be referred to as the state amendments to the IPMC. Such state amendments to the IPMC are set out using corre-sponding CHAPTER and section numbers of the IPMC numberingsystem.

3 In addition, since CHAPTER 1 of the IPMC is not incor-porated as part of theVirginia Maintenance Code, any refer-ence to a provision of CHAPTER 1 of the IPMC in the provisionsof Chapters2 8oftheIPMC is generally invalid. However,where the purpose of such a reference would clearly corre-spond to a provision of CHAPTER 1 established herein, then thereference may be construed to be a valid reference to such cor-responding CHAPTER 1 Use of terminology and term this code, or the code, where used in the provisions of CHAPTER 1, in Chap-ters2 8oftheIPMC or in the state amendments to the IPMC means theVirginia Maintenance Code, unless the contextclearly indicates otherwise. The term this code, or the code, where used in a code or standard referenced in the IPMC meansthat code or standard, unless the context clearly indicates other-wise. The term USBC where used in this code means Part I oftheVirginia Uniform Statewide Building Code, also known asthe Virginia Construction Code, unless the context clearlyindicates otherwise.

4 In addition, the use of notes in CHAPTER 1 isto provide information only and shall not be construed aschanging the meaning of any code provision. Notes in theIPMC, in the codes and standards referenced in the IPMC andin the state amendments to the IPMC may modify the contentof a related provision and shall be considered to be a valid partof the provision, unless the context clearly indicates Order of provisions of CHAPTER 1 ofthis code supersede any conflicting provisions of Chapters 2 8 of the IPMC and any conflicting provisions of the codes andstandards referenced in the IPMC. In addition, the state amend-ments to the IPMC supersede any conflicting provisions ofChapters2 8oftheIPMC and any conflicting provisions ofthe codes and standards referenced in the IPMC. Further, theprovisions of Chapters2 8oftheIPMC supersede any con-flicting provisions of the codes and standards referenced in Administrative provisions of Chapter1 establish administrative requirements, which include but arenot limited to provisions relating to the scope of the code,enforcement, fees, permits, inspections and disputes.

5 Any pro-visions of Chapters2 8oftheIPMC or any provisions of thecodes and standards referenced in the IPMC which address thesame subject matter to a lesser or greater extent are deleted andreplaced by the provisions of CHAPTER 1. Further, any adminis-trative requirements contained in the state amendments to theIPMC shall be given the same precedence as the provisions ofChapter 1. Notwithstanding the above, where administrativerequirements of Chapters2 8oftheIPMC or of the codes andstandards referenced in the IPMC are specifically identified asvalid administrative requirements in CHAPTER 1 of this code orin the state amendments to the IPMC, then such requirementsare not deleted and :The purpose of this provision is to eliminate overlap,conflicts and duplication by providing a single standard foradministrative, procedural and enforcement requirementsof this definitions of terms used in this codeare contained in CHAPTER 2 along with specific provisionsaddressing the use of definitions.

6 Terms may be defined inother chapters or provisions of the code and such definitionsare also :The order of precedence outlined in Section be determinative in establishing how to apply the defi-nitions in the IPMC and in the referenced codes and VIRGINIA MAINTENANCE :\data\CODES\STATE CODES\Virginia\2006\Maintenance Code\Final VP\ , March 18, 2008 12:01:59 PMColor profile: Generic CMYK printer profileComposite Default screenSECTION 102 PURPOSE AND accordance with Section 36-103 of the Codeof Virginia, the Virginia Board of Housing and CommunityDevelopment may adopt and promulgate as part of theVirginiaUniform Statewide Building Code, building regulations thatfacilitate the maintenance, rehabilitation, development andreuse of existing buildings at the least possible cost to ensurethe protection of the public health, safety and welfare. Further,in accordance with Section 36-99 of the Code of Virginia, thepurpose of this code is to protect the health, safety and welfareof the residents of the Commonwealth of Virginia, providedthat buildings and structures should be permitted to be main-tained at the least possible cost consistent with recognized stan-dards of health, safety, energy conservation and waterconservation, including provisions necessary to prevent over-crowding, rodent or insect infestation, and garbage accumula-tion.

7 And barrier-free provisions for the physicallyhandicapped and accordance with Section 36-98 of the Code ofVirginia, theVirginia Maintenance Codeshall supersede thebuilding codes and regulations of the counties, municipalitiesand other political subdivisions and state code shall not regulate those build-ings and structures specifically exempt from theVirginia Con-struction Code, except that existing industrialized buildingsand manufactured homes shall not be exempt from this 103 APPLICATION OF code prescribes regulations for the main-tenance of all existing buildings and structures and associatedequipment, including regulations for unsafe buildings Maintenance and structuresshall be maintained and kept in good repair in accordance withthe requirements of this code and when applicable in accor-dance with the USBC under which such building or structurewas constructed. No provision of this code shall require alter-ations to be made to an existing building or structure or toequipment unless conditions are present which meet the defini-tion of an unsafe structure or a structure unfit for human Maintenance of non-required fire fire protection systems shall bemaintained to function as originally installed.

8 If any suchsystems are to be reduced in function or discontinued,approval shall be obtained from the building official inaccordance with Section of theVirginia Construc-tion Continued any provision ofthis code to the contrary, alterations shall not be required to bemade to existing buildings or structures which are occupied inaccordance with a certificate of occupancy issued under anyedition of the Rental accordance with Section :1 of the Code of Virginia, this section is applicable torental inspection programs. For purposes of this section: Dwelling unit means a building or structure or partthereof that is used for a home or residence by one or morepersons who maintain a household. Owner means the person shown on the current real estateassessment books or current real estate assessment records. Residential rental dwelling unit means a dwelling unitthat is leased or rented to one or more tenants.

9 However, adwelling unit occupied in part by the owner thereof shall notbe construed to be a residential rental dwelling unit unless atenant occupies a part of the dwelling unit which has its owncooking and sleeping areas, and a bathroom, unless other-wise provided in the zoning ordinance by the local govern-ing local governing body may adopt an ordinance to inspectresidential rental dwelling units for compliance with the USBCand to promote safe, decent and sanitary housing for its citi-zens, in accordance with the following:1. Except as provided for in subdivision 3 of this subsec-tion, the dwelling units shall be located in a rental inspec-tion district established by the local governing body inaccordance with this section, and2. The rental inspection district is based upon a finding bythe local governing body that (i) there is a need to protectthe public health, safety and welfare of the occupants ofdwelling units inside the designated rental inspection dis-trict; (ii) the residential rental dwelling units within thedesignated rental inspection district are either (a) blightedor in the process of deteriorating, or (b) the residentialrental dwelling units are in the need of inspection by thebuilding department to prevent deterioration, taking intoaccount the number, age and condition of residentialdwelling rental units inside the proposed rental inspectiondistrict; and (iii) the inspection of residential rental dwell-ing units inside the proposed rental inspection district isnecessary to maintain safe, decent and sanitary living con-ditions for tenants and other residents living in the pro-posed rental inspection district.

10 Nothing in this sectionshall be construed to authorize a locality-wide rentalinspection district and a local governing body shall limitthe boundaries of the proposed rental inspection district tosuch areas of the locality that meet the criteria set out inthis subsection, or3. An individual residential rental dwelling unit outside of adesignated rental inspection district is made subject tothe rental inspection ordinance based upon a separatefinding for each individual dwelling unit by the localgoverning body that (i) there is a need to protect the pub-lic health, welfare and safety of the occupants of thatindividual dwelling unit; (ii) the individual dwelling unitis either (a) blighted or (b) in the process of deteriorating;or (iii) there is evidence of violations of the USBC thataffect the safe, decent and sanitary living conditions fortenants living in such individual dwelling VIRGINIA MAINTENANCE :\data\CODES\STATE CODES\Virginia\2006\Maintenance Code\Final VP\ , March 18, 2008 12:02:00 PMColor profile: Generic CMYK printer profileComposite Default screenFor purposes of this section, the local governing body maydesignate a local government agency other than the buildingdepartment to perform all or part of the duties contained in theenforcement authority granted to the building department bythis adopting a rental inspection ordinance and establish-ing a rental inspection district or an amendment to either, thegoverning body of the locality shall hold a public hearing on theproposed ordinance.