2006 Code of Virginia § 36-105 - Enforcement of Code; appeals from decisions of local department; inspection of buildings; inspectio...

36-105. Enforcement of Code; appeals from decisions of local department;inspection of buildings; inspection warrants; inspection of elevators.

A. Enforcement generally. Enforcement of the provisions of the Building Codefor construction and rehabilitation shall be the responsibility of the localbuilding department. There shall be established within each local buildingdepartment a local board of Building Code appeals whose composition, dutiesand responsibilities shall be prescribed in the Building Code. Appeals fromthe local building department concerning application of the Building Code orrefusal to grant a modification to the provisions of the Building Code shallfirst lie to the local board of Building Code appeals. No appeal to the StateBuilding Code Technical Review Board shall lie prior to a final determinationby the local board of Building Code appeals. Whenever a county or amunicipality does not have such a building department or board of BuildingCode appeals, the local governing body shall enter into an agreement with thelocal governing body of another county or municipality or with some otheragency, or a state agency approved by the Department for such enforcement andappeals resulting therefrom. For the purposes of this section, towns with apopulation of less than 3,500 may elect to administer and enforce theBuilding Code; however, where the town does not elect to administer andenforce the Building Code, the county in which the town is situated shalladminister and enforce the Building Code for the town. In the event such townis situated in two or more counties, those counties shall administer andenforce the Building Code for that portion of the town which is situatedwithin their respective boundaries. Fees may be levied by the local governingbody in order to defray the cost of such enforcement and appeals.

B. New construction. Any building or structure may be inspected at any timebefore completion, and shall not be deemed in compliance until approved bythe inspecting authority. Where the construction cost is less than $2,500,however, the inspection may, in the discretion of the inspecting authority,be waived. The building official shall coordinate all reports of inspectionsfor compliance with the Building Code, with inspections of fire and healthofficials delegated such authority, prior to issuance of an occupancy permit.

C. Existing buildings and structures.

1. Inspections and enforcement of the Building Code. The local governing bodymay also inspect and enforce the provisions of the Building Code for existingbuildings and structures, whether occupied or not. Such inspection andenforcement shall be carried out by an agency or department designated by thelocal governing body.

2. Complaints by tenants. However, upon a finding by the local buildingdepartment, following a complaint by a tenant of a residential dwelling unitthat is the subject of such complaint, that there may be a violation of theunsafe structures provisions of the Building Code, the local buildingdepartment shall enforce such provisions.

3. Inspection warrants. If the local building department receives a complaintthat a violation of the Building Code exists that is an immediate andimminent threat to the health or safety of the owner or tenant of aresidential dwelling unit or a nearby residential dwelling unit, and theowner or tenant of the residential dwelling unit that is the subject of thecomplaint has refused to allow the local building official or his agent tohave access to the subject dwelling, the local building official or his agentmay present sworn testimony to a magistrate or a court of competentjurisdiction and request that the magistrate or court grant the localbuilding official or his agent an inspection warrant to enable the buildingofficial or his agent to enter the subject dwelling for the purpose ofdetermining whether violations of the Building Code exist. The local buildingofficial or his agent shall make a reasonable effort to obtain consent fromthe owner or tenant of the subject dwelling prior to seeking the issuance ofan inspection warrant under this section.

4. Transfer of ownership. If the local building department has initiated anenforcement action against the owner of a building or structure and suchowner subsequently transfers the ownership of the building or structure to anentity in which the owner holds an ownership interest greater than 50%, thepending enforcement action shall continue to be enforced against the owner.

D. Elevator inspections. The local governing body shall, however, inspect andenforce the Building Code for elevators, except for elevators in single- andtwo-family homes and townhouses. Such inspection shall be carried out by anagency or department designated by the local governing body.

(1972, c. 829; 1974, c. 433; 1977, cc. 423, 613; 1978, c. 578; 1981, c. 498;1982, c. 267; 1992, c. 73; 1993, c. 328; 1994, cc. 214, 256, 574; 1995, cc.95, 523, 702, 827; 1999, cc. 333, 341; 2001, c. 119; 2002, c. 720; 2003, c.650; 2004, c. 851; 2006, c. 424.)