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2008 SESSION

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081152624
HOUSE BILL NO. 598 Offered January 9, 2008 Prefiled January 8, 2008 A BILL to amend and reenact § 54.1-1111 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 36-98.02, relating to the Uniform Statewide Building Code; building permits; notice to owner. ---------- Patron-- McClellan ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-1111 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 36-98.02 as follows:

§ 36-98.02. Notification of owner required before issuance of building permit.

No county, city, or town shall issue a building permit for any single-family residential dwelling unit until prior written notice to the owner of the subject property that a building permit application has been filed in such owner's name has been sent by the local building official. For the purposes of this section, the fact that an application for a building permit was filed in the name of such owner shall not be deemed to satisfy the requirements of this section.

§ 54.1-1111. Prerequisites to obtaining building, etc., permit.

Any person applying to the building inspector or any other authority of a county, city, or town in this Commonwealth, charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structure, or any removal, grading or improvement shall furnish prior to the issuance of the permit, either (i) satisfactory proof to such inspector or authority that he is duly licensed or certified under the terms of this chapter to carry out or superintend the same, or (ii) file a written statement, supported by an affidavit, that he is not subject to licensure or certification as a contractor or subcontractor pursuant to this chapter, and (iii) file a written statement, supported by an affidavit, that he is the owner or has been given authority by the owner to make application in the owner's name. The applicant shall also furnish satisfactory proof that the taxes or license fees required by any county, city, or town have been paid so as to be qualified to bid upon or contract for the work for which the permit has been applied.

It shall be unlawful for the building inspector or other authority to issue or allow the issuance of such permits unless the applicant has furnished his license or certificate number issued pursuant to this chapter or evidence of being exempt from the provisions of this chapter.

The building inspector, or other such authority, violating the terms of this section shall be guilty of a Class 3 misdemeanor.