2006 Code of Virginia § 36-98.1 - State buildings; exception for certain assets owned by the Department of Transportation

36-98.1. State buildings; exception for certain assets owned by theDepartment of Transportation.

A. The Building Code shall be applicable to all state-owned buildings andstructures, with the exception that 2.2-1159 through 2.2-1161 shallprovide the standards for ready access to and use of state-owned buildings bythe physically handicapped.

Any state-owned building or structure for which preliminary plans wereprepared or on which construction commenced after the initial effective dateof the Uniform Statewide Building Code, shall remain subject to theprovisions of the Uniform Statewide Building Code that were in effect at thetime such plans were completed or such construction commenced. Subsequentreconstruction, renovation or demolition of such building or structure shallbe subject to the pertinent provisions of the Building Code.

Acting through the Division of Engineering and Buildings, the Department ofGeneral Services shall function as the building official for state-ownedbuildings. The Department shall review and approve plans and specifications,grant modifications, and establish such rules and regulations as may benecessary to implement this section. It shall provide for the inspection ofstate-owned buildings and enforcement of the Building Code and standards foraccess by the physically handicapped by delegating inspection and BuildingCode enforcement duties to the State Fire Marshal's Office, to otherappropriate state agencies having needed expertise, and to local buildingdepartments, all of which shall provide such assistance within a reasonabletime and in the manner requested. State agencies and institutions occupyingbuildings shall pay to the local building department the same fees as wouldbe paid by a private citizen for the services rendered when such services arerequested by the Department of General Services. The Department of GeneralServices may alter or overrule any decision of the local building departmentafter having first considered the local building department's report or otherrationale given for its decision. When altering or overruling any decision ofa local building department, the Department of General Services shall providethe local building department with a written summary of its reasons for doingso.

B. Notwithstanding the provisions of subsection A and 27-99, roadwaytunnels and bridges owned by the Department of Transportation shall be exemptfrom the Building Code and the Statewide Fire Prevention Code Act ( 27-94 etseq.). The Department of General Services shall not have jurisdiction oversuch roadway tunnels, bridges, and other limited access highways; provided,however, that the Department of General Services shall have jurisdiction overany occupied buildings within any Department of Transportation rights-of-waythat are subject to the Building Code.

Roadway tunnels and bridges shall be designed, constructed, and operated tocomply with fire safety standards based on nationally recognized model codesand standards to be developed by the Department of Transportation inconsultation with the State Fire Marshal and approved by the CommonwealthTransportation Board. Emergency response planning and activities related tothe standards approved by the Commonwealth Transportation Board shall bedeveloped by the Department of Transportation and coordinated with theappropriate local officials and emergency services providers. On an annualbasis the Department of Transportation shall provide a report on themaintenance and operability of installed fire protection and detectionsystems in roadway tunnels and bridges to the State Fire Marshal.

C. Except as provided in subsection D of 23-38.109, and notwithstanding theprovisions of subsection A, at the request of a public institution of highereducation, the Department, as further set forth in this subsection, shallauthorize that institution of higher education to contract with a buildingofficial of the locality in which the construction is taking place to performany inspection and certifications required for the purpose of complying withthe Uniform Statewide Building Code ( 36-97 et seq.). The Department shallpublish administrative procedures that shall be followed in contracting witha building official of the locality. The authority granted to a publicinstitution of higher education under this subsection to contract with abuilding official of the locality shall be subject to the institution meetingthe conditions prescribed in subsection B of 23-38.88.

(1981, c. 325; 1982, c. 97; 1986, c. 133; 2005, cc. 341, 933, 945.)