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2022 SESSION
22101692DBe 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 Board to promulgate Statewide Code; other codes and regulations superseded; exceptions.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 Except as provided in
subsection B, such Building Code shall supersede
the building codes and regulations of the counties,
municipalities and other political subdivisions localities and state agencies.
B. However,
such Building Code shall not
supersede the building code provisions
and regulations of
adopted by a locality
that are related to energy efficiency and conservation if the
standards outlined in such provisions and
regulations are as or more
stringent than those contained in the Building Code.
For the purposes of this subsection, a standard shall be
deemed to be as stringent as one contained in the Building
Code if such standard would perform the same function as the
standard contained in the Building Code
without using more energy than would be used under the Building Code
provisions.
C. Such Building
Code also shall not supersede other state agencies which that
require and govern the functional design and operation of building
related 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.
D. Such Building Code also shall
supersede the provisions of local ordinances applicable to single-family
residential construction that (a) (i) regulate dwelling
foundations or crawl spaces, (b) (ii) require the use of
specific building materials or finishes in construction, or (c) (iii) require minimum surface
area or numbers of windows; however, such Building
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.