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2011 SESSION
10101294DBe it enacted by the General Assembly of Virginia:
1. That § 36-98 of the Code of Virginia is amended and reenacted as follows:
§ 36-98. Board to promulgate Statewide Code; other codes and regulations superseded; exceptions.
A. The Board is hereby directed and empowered to adopt and promulgate a Uniform Statewide Building Code. Such building code shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies.
However, such Code shall not supersede the regulations of other state agencies which require and govern the functional design and operation of building related activities not covered by the Uniform Statewide Building Code including but not limited to (i) public water supply systems, (ii) waste water treatment and disposal systems, and (iii) solid waste facilities. Nor shall state agencies be prevented from requiring, pursuant to other state law, that buildings and equipment be maintained in accordance with provisions of the Uniform Statewide Building Code.
Such B. The Code also shall supersede the provisions of local
ordinances applicable to single-family residential construction that (a)
regulate dwelling foundations or crawl spaces, (b) require the use of specific
building materials or finishes in construction, or (c) require minimum surface
area or numbers of windows; however, such Code shall not supersede proffered
conditions accepted as a part of a rezoning application, conditions imposed
upon the grant of special exceptions, special or conditional use permits or
variances, conditions imposed upon a clustering of single-family homes and
preservation of open space development through standards, conditions, and
criteria established by a locality pursuant to subdivision 8 of § 15.2-2242 or
§ 15.2-2286.1, or land use requirements in airport or highway overlay
districts, or historic districts created pursuant to § 15.2-2306, or local
flood plain regulations adopted as a condition of participation in the National
Flood Insurance Program.
C. As an additional part of the Uniform Statewide Building Code, the Board shall adopt and promulgate a Green Building Code to integrate and optimize on a life-cycle basis the attributes of energy conservation, reduced water demand, healthier indoor-air quality, minimal environmental impact, safety security, durability, accessibility, cost-benefit, productivity, sustainability, functionality, and operational considerations. In promulgating the Green Building Code, the Board shall consider standards and model codes and green building rating standards developed by interested organizations, including but not limited to the Green Building Initiative green building rating standard and the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard. Local governing bodies shall have the option of adopting the Green Building Code.