2012-20 ORDINANCE NO. 2012-20
AN ORDINANCE AMENDING CHAPTER 10,ARTICLES I THROUGH VI,
INCLUSIVE, OF THE CODE OF THE CITY OF FAIRFAX,VIRGINIA,
PERTAINING TO THE RESIDENTIAL RENTAL INSPECTION PROGRAM,AND
THE BUILDING,PLUMBING, GAS AND ELECTRICAL CODES,AND
AMENDING CHAPTER 102, PERTAINING T DIVISION CONNECTIONS T
NI
TO OF FAIRFAX,VIRGINIA, PUBLIC
,
SEWERS.
BE IT ORDAINED,by the City Council of the City of Fairfax,Virginia,that Chapter 10,
Articles I and II of the Code of the City of Fairfax, Virginia,pertaining to (i)the residential
rental inspection program, and (ii)the building code, are hereby amended and readopted in
their entirety as follows:
"Chapter 10—BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Sec. 10-1. -Definitions.
For the purposes of this chapter and the application of the Uniform Statewide
Building Code, as amended, unless the context shall otherwise clearly require,the
following words and phrases shall have the meanings respectively ascribed to them by
this section:
Administrative authority means the building official.
Board of building code appeals means the city board of building code appeals
Building official means the officer charged with the administration and
enforcement of the new construction provisions of the Virginia Uniform Statewide
Building Code and the City Code building provisions, or his duly authorized
representative.
Certificate of Occupancy means the certificate issued by the building official
upon satisfactory completion of a structure for which a permit was issued and subject
to the requirements set forth in the Virginia Uniform Statewide Building Code
Code official means the officer charged with the administration and
enforcement of the provisions of the Virginia Uniform Statewide Building Code
pertaining to property maintenance.
Deposit means payment to a contractor or a salesperson, either directly or
indirectly, as a binder or a security for the performances of a contract for home
improvement work.
Emergency means any case where it reasonably appears that there is immediate
danger to the life, safety, health, or welfare of any person, or any building or structure
which appears to be in reasonably immediate danger of collapse, or unable to
withstand wind, snow, or other loads, or that appears to be a hazard.
Frost line means 24 inches below the finished grade in the city.
Home improvement contractor means any person, firm, corporation,
association or partnership who engages in the business of home improvement work or
any person who secures or attempts to secure a contract for home improvement work
and/or accepts moneys for such work.
Home improvement salesperson means any person who secures or attempts to
secure a contract for home improvement work.
Home improvement work means the improvement, repair,restoration,
alteration, enlargement, or replacement of any residential property of a value of more
than$25.00, including the installation of insulation products,but not including the
installation of any appliance,material and equipment not made a part of the realty and,
further, not including the application of paint, except the application of paint or spray
material when applied to a roof or asphalt paving, wallpaper, or landscaping, or work
performed by licensed electricians, plumbers, gasfitters and master refrigeration,
ventilation,heating or air conditioning contractors so long as the work that is
performed is limited to that normally performed by them.
Housing hygiene regulations means the regulations of the Virginia Uniform
Statewide Building Code pertaining to residential property,prescribing minimum
standards for:
(1) Basic plumbing facilities: sinks, flush water closets, lavatory basins,
bathtubs and hot water;
(2)
Light,heating and ventilation;
(3)
Space, use and location; and
(4) Sanitary maintenance,weatherproofing, waterproofing and rodent
proofing.
Occupancy permits means the permits described in the zoning ordinance of this
Code, and referred to as residential use permits and non-residential use permits .
Payment means the transfer, directly or indirectly, of any valuable
consideration, and shall include,but not be limited to,the delivery of cash, promissory
note, installment contract, other written promise to pay money, chattel mortgage or
deed of trust; provided,that the term "payment" shall not include the promise to pay
embodied in the contract itself.
Residential property means any property containing one or more dwelling
units or intended for human habitation.
Smoke detectors means mechanical devices powered by batteries or alternating
current capable of sensing visible or invisible products of combustion that sound an
audible alarm.
Sec. 10-2. - Periodic inspections of certain buildings.
Pursuant to authority granted in Code of Virginia, § 36-105, it is hereby
provided that buildings and structures, permanent or temporary, which are used to
store hazardous materials, or occupied or to be used by 20 or more persons who are
employed, lodged,housed, assembled, served, entertained or instructed therein, or the
common areas of residential structures containing four or more units, including
buildings owned by the commonwealth or by any of its political subdivisions and the
equipment therein,be inspected periodically after completion to ensure that the
Virginia Uniform Statewide Building Code regulations are properly maintained. The
building official shall coordinate all reports with inspections for compliance with the
Virginia Uniform Statewide Building Code, from fire and health officials delegated
such authority, prior to issuance of an occupancy permit.
Sec. 10-3. -Additional state regulations.
There is in effect in this state, and therefore, also in the city,the Virginia
Industrialized Building and Mobile Home Safety Regulations pursuant to Code of
Virginia, § 36-70 et seq.
Sec. 10-4. -Violation a misdemeanor; civil penalty.
(a) It shall be unlawful for any owner or any other person, firm or corporation to
violate any provisions of the Virginia Uniform Statewide Building Code. Any
such violation shall be deemed a misdemeanor and any owner or any other
person, firm or corporation convicted of such a violation shall be punished by a
fine of not more than$2,500.00. In addition, each day the violation continues
after conviction or the court-ordered abatement period has expired shall
constitute a separate offense. If the violation remains uncorrected at the time of
the conviction,the court shall order the violator to abate or remedy the
violation in order to comply with the Code. Except as otherwise provided by
the court for good cause shown, any such violator shall abate or remedy the
violation within six months of the date of conviction. Each day during which
the violation continues after the court-ordered abatement period has ended
shall constitute a separate offense. Any person convicted of a second offense
committed within less than five years after a first offense under this chapter
shall be punished by a fine of not less than$1,000.00 nor more than$2,500.00.
Any person convicted of a second offense committed within a period of five to
ten years of a first offense under this subsection shall be punished by a fine of
not less than$500.00 nor more than$2,500.00. Any person convicted of a third
or subsequent offense committed within ten years of an offense under this
subsection shall be punished by confinement in jail for not more than ten days
and fine of not more than $2,500.00, either or both.
(b) Any person violating provisions of this chapter which are not contained in the
Virginia Uniform Statewide Building Code shall be guilty of a misdemeanor
punishable as provided in section 1-11 of this Code.
(c) The building official may refuse to issue a permit if the applicant or the person
or firm proposing to do the work for which a permit is sought has any
outstanding violation of any provision of the Virginia Uniform Statewide
Building Code or of this chapter.
Sec. 10-5. - Residential rental inspection program established.
(a) Establishment and designation of rental inspection districts and/or individual
dwelling units subie t to the provisions o the residential inspection pro tram:
re,uirements Qovernin• same.
There is hereb established a residential rental inspection program .ursuant to
the authorit ,ranted b Code of Vir•inia Section 36-105.1:1(C)(1 . For the
purposes of this section, "rental inspection district" shall mean a residential
rental inspection district desi•nated b the city council .ursuant to this section.
. • . .. . . ..• . . - • ... -, .. •• '. er
inspection in the office of code administration. Said districts are hereinafter
inspection district."
(1) Designation of districtI. After holding a duly advertised public ow, the c hearing,
which hearing shall be in compliance with subsection (a)(4)(D
council governing—body may designate one or more a rental inspection
districts, setting designated boundaries of such the districts, if the city ccincil
governing-body finds that:
a. (i) There is a need to protect the public health, safety and welfare of
the occupants of dwelling units inside the designated rental inspection
district;
b. (ii) The residential rental dwelling units within the designated rental
inspection district are either:
a: Blighted or in the process of deteriorating; or
cin h: In the need of inspection by the code official building
department to prevent deterioration, taking into account the
number, age and condition of residential dwelling rental units
inside the proposed rental inspection district; and
(iii) The inspection of residential rental dwelling units inside
the proposed rental inspection district is necessary to maintain
safe, decent and sanitary living conditions for tenants and other
residents living in the proposed rental inspection district.
(2) Designation of individual dwelling units. After holding a duly advertised
public hearing, which hearing shall be in compliance with subsection (a)(4)(3)
below, the city council governing-body may designate an individual residential
rental dwelling unit outside of a designated rental inspection residential district
as being subject to the provisions of this section of the Code if the city=
governing-body finds that:
a. (i) There is a need to protect the public health, welfare and safety of
the occupants of that individual dwelling unit;
b. (i4 The individual dwelling unit is either:
a. Blighted or in the .rocess of deterioratint; or
b. '. -- : : - : :- - •: . •-:; :
(iii) There is evidence of violations of the building code that
affects the safe, decent and sanitary living conditions for tenants
living in such individual dwelling unit.
(3) (4) Public hearing required. Before establishing and designating a rental
inspection district, or any amendment thereto, or desi.natin. an individual
residential rental dwellin unit outside of a desi l nated rental ins.ec ion district
as being subject t=.rovisions of this section the ci ouncil
y shall hold a public hearing on the proposed ordinance
change. Notice of such hearing shall be published once a week for two 2l
successive weeks in a newspaper published or having general circulation in the
city.
(5) Factors to be considered b the ci council in for establishing or
amendin rental inspection districts or in makin! individual residential
dwellin! unit determinations.
In makin. the re•uired findin.s set forth in subsection a_1 or a_2_ as
a •livable the cit council shall consider amon such other factors as the cit
council ma deem a••ro.riate certain criteria. These criteria includ-:
a. consideration of the a.e of the dwellin, units within the .ro.osed
rental inspection district (or in the case of an tdivid al district residential ential
dwelling unit outside of a designated rental
of said unit). Residential dwellin units that have been in existence for
a period of ten 10 sf occupancy for following
uch units s hall not be sub' ct to
cit of a certificate p
the s_rovilln. o_fitilit2ILI- sub•ect to the ri thtc2figle_CA council to
make determinations as to residential dwellin units that otherwise
meet the criteria of this sectioni
b. whether individual residential us are srofessional
mana._ement b a corn san or entit licensed to undertake the same
under the laws or re ulations of the Commonwe.lth of Vir•inia.
Residential dwellin! units under sicifiSollA11111a•ement as srovided
herein shall not be sub'ect to the this sub'ect to
the ri!lit of the cit council to make determinations as to residential
dwellin. units that otherwise me-t the criteria of this section.
c. the number of buildin._ code coin slaints or violations in the
sro sosed_sDitli_irIPection district or relative to an individual
r-sidential dwellinInated ection
district.
• - - :•- : • -: ."
• .
. - • - -- - - - :
•
distfiets;
•- - •• •
; •t • ••1;
es. • • •
•
•
(51(6)
a. Rental inspection districts established and desicaecl. Based upon
the findings of city council as set forth in jecXiofl sulaseen-(5)
liefeifi—abeve, the followins_ sectio_n ------re here')
established and a esi.nated and an i_Lesection districts
sreviousl desisnated a_ J:e_hg•SII deleted as as slicable_ which districts
-• - - •- •: z - ; ;- - - • •- ;- •t -
dist-fiets--whieh-afe-subject to the requirements of this section aftiele:
II , et , et .
- :• • : - - • . It , ',A.
East District: Within census tract 300200, block group 1 and blocks 2000,
2002, 2007, 2011, 2013, 2014, 2015, 2023, 3014, 4002, 4005, 4007, 4010,
4011; and within census tract 300300, block group 1 and blocks 2007,
3014, 3015, 3016, 3018; and within census tract 300500,block group 3 and
blocks 1008,2000,2007 and 2008.
West District: Within census tract 300100, block groups 2 and 4 and
blocks 1002, 1006, 1010, 1012, 3003, 3011; and within census tract 300400,
block groups 1 and 2 and block 3006.
Census tract identification is taken from the US Bureau of the Census
2010 census maps.
b. Individual dwelling units designated. Based upon the findings of
city council as set forth in this section, the following individual
dwelling units are hereby designated as being subject to the
requirements of this section:
None
(b) Im lementation o_ ro ram notice and din! re,uirements Net-ifieation.
(1) Upon adoption of a rental inspection district or districts, thereoto
•: - shall develop a proce
implementation of an inspection program and shall make reasonable efforts to
notify all owners of residential rental units in a designated rental inspection
district or districts and all individual dwelling units not within a residential
inspection district but othsubj ect to the re'uirements of this s e oon e
information and an explanation of the responsibility of the owner to notify the l
code official of any real property of the owner that is located in a cesiElentia
rental inspection district and is used for residential rental purposes.
(2) Each owner of a rental dwelling unit in a rental inspection notice pall file
ater
with the code official - ''- a written
than sixt 60 60-days after the date on the notice sent by the code official
pursuant to subsection (b)(1) above, that said property is a residential rental
unit. The notice shall be on a form provided by the city and shall include, but
not be limited to,the following information:
(i) The address of the residential rental dwelling unit;
(ii) The number of units; and
(iii) The name,home and business addresses and telephone numbers of
the owner.
(3) It shall be unlawful for any person to knowingly make any false
statements in a written notice sent pursuant to subsection pacag h
(b)(2) above.
(c) Limitations of validity of certificate of compliance.
(1) A certificate of compliance shall be valid until the property ceases to be
used as a rental unit;er-until the ownership of the property is transferred, or
until the certificate of corn'Hance is sus ended ursuant to subsection
below or until the certificate of com•fiance terminates b its ex,res_ s t
whichever occurs first.
(2) In the event ownership of a dwelling or dwelling units subject to this
section aitiele is transferred, the new owner shall notify the code official and
obtain a new cC-ertificate of cC-ompliance within thirt 30 30 calendar days
of the date of transfer.
(d) Conditions for issuance of certificate of compliance; inspections of dwelling units;
fees; multi anvil buildin.s• exem s tions• en orcement' a'enc desi!nation.
(1) Temporary certificate of compliance. Upon receipt of the written notice
pursuant to subsection (b)(2) above that a property is located in a reside
rental inspection district and is used for residential rental purposes, or is
otherwise subject to the erovisions of this section the cod al
a eefle--administfatien shall issue a temporary certificate of compliance. The
temporary certificate of compliance shall expire thirt 30 3-0 days after the
•code official ' - ° •- •• •c - notifies the owner of the property•that an initial inspection is required. It shall be the responsibility of the owner
to schedule the inspection within shall be charged f
inspection is required. No fee for the issuance of a temporary
certificate of compliance.
(2) Regular certificate of compliance. The code official difeeter—ef--eede
administfatien shall issue a regular certificate of compliance after determining
that the dwelling unit or units for which the regular certificate of compliance is
sought and the related premises are in compliance with the provisions of this
section chapter , and all applicable state and local laws and regulations, and
that all required fees have been paid.
(3) Inspections. To make such determination, the code official difeeter--ef-c-ede
aElmihistfatien or his designee technical assistant shall inspect the dwelling
unit, grounds, and accessory structures.
(4) Inspection fees. An inspection fee per unit for the initial inspections,
follow up inspections and periodic inspections will be charged in accordance
with the fee schedule adopted by city council.
(5) Multifamily buildings. The initial and periodic inspections of multifamily
a
developments with more than h ten OM s not welling
more than ten percentel0%Y of
sampling of dwelling units which include
the total units in the building and no fewer less than two (2) units. In no event
shall a per-unit fee be charged for the inspection of more than ten 10
dwelling units within a particular multifamily develo•ment. If violations of the
building code are found, the code official may inspect as many dwelling units
as necessary to enforce the building code and may charge a per unit fee as
provided for in subsection(d)(4) above 110 5d(3).
(6) Complaints. The code official or his designee
. .. may inspect the property or direct the
inspection of the property by other
officials if there is a
complaint registered with the city or if the code official has other reason to
believe that the owner or occupants of the property are in violation of the
provisions of this section elaapter or that the property does not comply with
applicable state and local regulations.
(e) Failure to pass inspection.
(1) If the code official determines, after inspection, that any dwelling unit or
any part of the premises related thereto fails to comply with the provisions of
this section ehaptef, a written notice of the violation or violations shall be
given to the owner. The notice shall specify a date by which the owner shall
remedy the listed violations, at which time a reinspection shall be conducted. If
further reinspections are required after the first inspection, the owner shall pay
an inspection fee for each such reinspection visit to each dwelling unit or any
part of the premises related thereto to be reinspected.
(2) The decision of the code official
lbui ding disapprove
code appeals by the oowneran in
may be appealed to the boar d
accordance with the applicable sections of this cGode.
(f) Operation without certificate of compliance. It shall be unlawful for any
owner or agent to rent or lease any vacant dwelling unit subject to the
provisions of this section actiele and allow occupancy thereof, unless the unit is
subject to a valid certificate of compliance.
(g) Suspension of certificate of compliance.
(1) A certificate of compliance that the owner may be
occupants the property are
official when the official finds or that the property does
in violation of the provisions of this section ester P p Y
not comply with applicable state and local regulations.
(2) No certificate of compliance shall be suspended unless the code official
has served the owner with a notice specifying the violations and affording the
owner a reasonable period of time to correct the violations.
(3) Upon the failure of the owner to comply within the time specified in the
notice of violation, the code official may shall suspend the certificate of
1
compliance. If the code official determines that the violations are of a serious
enough nature to warrant immediate repair, the code official may use the
authority granted in section 10-677 to have the repairs made.
(4) In the event the property owner properly appeals a notice of violation of
the property maintenance code in accordance with section 10-39, any pending
suspension shall be stayed until the appeal has been completed, unless the
notice being appealed is a notice of unsafe structure or structure unfit for
human occupancy or an order for emergency repairs when a condition is found
that presents an immediate danger and such notice is issued in accordance with
section 105.4 of the Virginia Maintenance Code.
(5) A suspended certificateen of compliance corrected and after reinstated
to violation or violations have been the city
of any funds expended in abating the violations.
(h) Display and availability of certificate of compliance required. Every owner must,
upon request of a prospective tenant, show to such every prospective tenant before
occupancy a valid certificate of compliance covering the dwelling unit to be rented.
Every owner must show to any tenant, upon request Elemand, a valid certificate of
compliance covering the dwelling unit the tenant occupies.
(i) Penalty for violation of section. Any person violating any provision of this section
shall, upon conviction thereof,be punished by a fine of not more than$50.00.
Enforcement by injunction. Failure, refusal or neglect to comply with any of the
provisions of this section may, in addition to any other remedy provided in this section
or in place thereof, be restrained, prohibited or enjoined by an appropriate proceeding
instituted in a court of competent jurisdiction by the city attorney.
yp - •. Upon the
(k) Exemptions following inspection : ° , , •
: :
initial or periodic inspection of a residential rental dwelling unit subjectoa are rental
inspection ordinance for compliance with the building code, provided that there
violations of the building code that affect the safe, decent and sanitary living
conditions for the tenants of such residential rental dwelling unit, the code official
v building-department shall provide, to the owner of such residential rental dwelling
unit, an exemption from the inspection requirements of this section t l�l
inspection• a• ., ,. for a-minimum "
f four (4 years following the date of such
determination by the code official. Upon the sale of a residential rental dwelling unit,
the code official may perform a periodic inspection, subsequent
to such sale. If a residential rental dwelling unit has been issued issuea an exemption
occupancy within the last four (4) years prior to the date of
shall be granted for a minimum-period of four (4) years from the date of the issuance
of the certificate of occupancy by the code official build
. If the
residential rental dwelling unit becomes in violation of the building code during the
exemption period, the code official may revoke the exemption
previously granted under this section.
(1) Agency designation. Any owner of a residential rental dwelling unit subject to
this section may authorize an agent by written agreement to act on behalf of the owner
under this section. If such agent accepts the agency designation from the owner and
written notification is provided to the city, the city shall be entitled to rely upon such
agency designation for those duties of such agent as provided in the written
agreement, until it receives a revocation of the same in writing from either the owner
or the agent. Such agency designation, however, shall not be deemed to impose any
liability upon the agent so designated, and liability for any violation of this section
shall remain with the owner, regardless of any agency designation.
m Voluntar inspection and certi icate o corn,fiance. Notwithstandin• an hill.
else in this section to the contrar_ an owner of airesi of this rental
nwellin. an
whether such property is or is not s b ect to the ro
time voluntaril re•uest from the code official at an time an ins.ection and the
issuance of a certificate of compliance by .avment of any re•uired fee.
Secs. 10-6-10-30. -Reserved.
ARTICLE II. BUILDING CODE
Sec. 10-31. - Adoption.
(a) The Virginia Uniform Statewide Building Code, as adopted by Virginia Board
of Housing and Community Development and currently in effector hereafter
amended, is hereby adopted by the City and Statewide Building Code,
to together
its entirety. Copies of the Virginia Uniform Stat
with a copy of this chapter attached to each, shall be filed and maintained in
the office of the building official.
(b) The provisions of the Virginia Uniform Statewide Building Code, as
implemented through this chapter, shall govern all matters concerning the
design, construction, alteration, addition, enlargement,repair,removal,
demolition, conversion,use, location, occupancy and maintenance of all
buildings and structures in the city, and all other functions which pertain to the
installation of systems vital to all buildings and structures and their service
equipment as defined by the Virginia Uniform Statewide Building Code, and
shall apply to existing and proposed buildings or structures in the city,
pursuant to the Code of Virginia, § 36-97 et seq.
(c) The provisions of Part III of the Virginia C deo are hereby adoptedlagpart of
also known as the Virginia Maintenance Code,
this code. The Director of Code Administration is designated as the Code
Official as such term is defined in this Code.
Sec. 10-32. -Reserved.
Sec. 10-33. -Effect of article.
Nothing in this article shall be deemed to preclude compliance with any
zoning, sanitation or other provision of this Code.
Sec. 10-34. - Fire districts.
The fire districts of the city are r d to fire district No. 1 and fire official zoning map of
district No. 2 and are hereby ba sed on and elat
the city and any amendments thereto:
(1) Fire district No. 1 shall consist of that area of the city which is zoned
for commercial or industrial uses and the commercial portion of any
mixed use district.
(2) Fire district No. 2 shall consist of that area of the city which is zoned
for residential uses and the residential portion of any mixed use district.
Sec. 10-35. - Permit fees.
(a)
No permit to begin work for new construction, alteration,removal, demolition
or other building operation shall be issued until the fees prescribed in this
section shall have been paid to the city treasurer, nor shall an amendment to a
permit necessitating an additional fee because of an increase in the size of the
buildings or an increase in the estimated cost of the work involved be approved
until the additional fee shall have been paid.
(b) The building permit fee for any municipal, county or state building may be
waived by the city manager.
(c) Permit fees required pursuant to this article shall be as set forth in the schedule
of rates and levies adopted annually by the city council. Copies of this
schedule shall be kept on file in the office of the city treasurer.
(d) Organizations exempt from taxation pursuant to section 501(c)(8) or section
501(c)(19) of the Internal Revenue Code shall be exempt from the payment of
building permit fees for temporary structures erected by or for any such
organizations.
(e) Refund of permit fee. If no work has been done under a permit issued under
this Chapter, a permit grantee shall be entitled to a refund of 75 percent of the
permit fee; provided, that request for a refund is made within six months after
the date of the permit.No refund shall be granted to the permit grantee for
work already installed and inspected.
Sec. 10-36. - Suspension of permit.
Any permit issued shall become invalid if the authorized work on the site is not
commenced within six months after issuance eriod of six months after the t me of work
on the site is suspended or abando ned for a p
commencing the work. The burden of proof that the authorized work on the site has
not been suspended or abandoned shall be on the permit holder, owner of the property
or other person affected by such determination of the building official. The building
official may grant one or more extensions to the six month time period,not to exceed
six months per extension.
Sec. 10-37. -Notification for inspections.
(a) It shall be the responsibility of the permit holder or his representative to notify
the building official when the stages of construction are reached that require
inspection and to receive approval of the minimum inspections required.
(b) Minimum inspection shall include, but are not limited to:
(1)
The bottom of footing trenches after all reinforcement steel is set and
before concrete is poured;
(2)
The installation of piling;
(3) Reinforced concrete beams, or columns and slabs after all reinforcing is
set and before any concrete is poured;
(4) Drains placed around foundation walls before granular crushed stone is
placed over the drains;
(5) Prior to the placement of fill against foundation walls;
(6)
Structural framing and fastenings prior to covering with concealing
materials;
(7) All concealed electrical, mechanical and plumbing work prior to the
installation of any concealing materials;
(8) Required insulating materials prior to the installation of any coverings;
and
(9) anc permit or
Final inspection prior to issuance of any occupancy y p
Certificate of Occupancy.
Sec. 10-38. -Verbal waiver of regulations.
Under no circumstances shall verbal permission be given by anyone, whether
connected with the government of the city or not, nor shall any such verbal permission
be considered a justification for any deviation from or violation of this article.
Sec. 10-39. -Board of building code appeals.
(a) Board of building code appeals established; There is hereby established a
board of building code appeals for the city.
(1) The board of building code appeals shall act on applications for appeals
from building official decisions based on the provisions of the Virginia
Uniform Statewide Building Code which relate to the technical aspects
of building maintenance regulations, and to all of the other provisions
of such code. The membership shall consist of a minimum of seven
members to be determined by the city council which may appoint one
of its members to attend meetings ex officio and without a vote. The
qualifications of the members and procedures for the performance of
its function shall be governed by the requirements of the Virginia
Uniform Statewide Building Code. Members shall serve without
compensation, and the building official shall attend all meetings to
serve as technical advisor.
(2) The board of building code appeals shall act on applications for appeals
from code official decisions based on the housing hygiene requirements
of the Virginia Uniform Statewide Building Code regulations
pertaining to residential construction.
(3) The board of building code appeals shall act on applications for appeals
from fire code official decisions as set forth in Chapter 42 of this code.
(4) A quorum of five members present shall be required before the board
of building code appeals may take any official action, and decisions
shall be determined by a majority vote of the members present. All
meetings shall be open to the public, and a full and impartial hearing
shall be granted on all appeals. Hearings shall be informal and free
from the technical rules of law and evidence. The board of building
code appeals shall keep minutes of its proceedings, and all findings,
decisions and orders shall be reduced to writing and filed as a matter of
public record in the office of the appropriate official.
(b) owner's agent
Application for appeal. The owner of a building or structure,
or any other person involved in the design or construction of the building or
I
structure may appeal a decision of the building official or code official when it
is claimed that:
(1) The building official or code official has refused to grant a modification
of the provisions of the Virginia Uniform Statewide Building Code, or
the provisions of this chapter covering the manner of construction or
materials to be used in the erection, alteration or repair of that building
or structure;
(2) The true intent of the Virginia Uniform Statewide Building Code, or
the relevant provisions of this chapter have been incorrectly interpreted;
(3) The provisions of the Virginia Uniform Statewide Building Code or the
relevant provisions of this chapter do not properly apply; or
(4) The use of a form of construction or compliance that is equal to or
better than that specified in the Virginia Uniform Statewide Building
Code or the relevant provisions of this chapter have been denied.
Applications for appeals shall be submitted in writing to the appropriate official. Any
application for appeals shall be submitted within 30 calendar m the days
ame from
and address of the
the decision being appealed. The application shall contain
owner of the building or structure and the person appealing if not the owner. A copy of
the written decision of the building official or code official shall be submitted along
with the application for appeal and maintained as part of the record. The application
shall be stamped or otherwise marked by the board of building code appeals to
indicate the date received. Failure to submit an application for appeal within the time
limit established by this section shall constitute acceptance of the decision of the
building official or code official.
t,w
(c)
Procedure. Appeals heard by the board of building code appeals shall be
conducted in accordance with the provisions set forth in the Virginia Uniform
Statewide Building Code.
(d)
Appeal to the technical review board. After final determination by the board of
building code appeals, any person who was a party to the local appeal may
appeal to the state building code technical review board. Appeals by an
involved state agency from the decision of the building official or code official
for state-owned buildings shall be made directly to the state building code
technical review board. Application shall be made to the state building code
technical review board within 21 calendar days of receipt of the decision to be
appealed. Failure to submit an application for appeal within the time limit
established by this section shall constitute an acceptance of the board of
building code appeals' resolution or the building official's or code official's
decision.
Sec. 10-40. - Composition of the boards.
(a) Members of each division of the board of building code appeals shall be
selected on the basis of their ability to render fair and competent decisions
regarding applications of the code, and shall to the extent possible,represent
different occupational or professional fields.
(b)
To the extent such persons may be available,the technical
of the following the
board of appeals shall consist of individuals from each
professions or disciplines:
(1) Registered design professional who is a registered architect; or a
builder or superintendent ef which building have been in responsible charge
years' experience, five
work.
(2)
Registered design professional with structural engineering or
1 architectural experience.
(3) Registered design professional with mechanical or plumbing
engineering experience; or a mechanical shall plumbing a e been in contractor
responsible
least ten years' experience, five of which
charge of work.
(4) Registered design professional with electrical engineering experience;
or an electrical contractor with at least ten years' experience, five of
which shall have been in responsible charge of work.
(5) Registered design professional with fire protection engineering
experience; or a fire protection contractor with at least ten years'
experience, five of which shall have been in responsible charge of
work.
(6) Two members of the general public who shall reside in the city.
(c) Members of the board of building code appeals shall be appointed to five year
terms. Members may be reappointed upon completion of their term.
Sec. 10-41. - Alternate members.
The city council may appoint one or more alternate members to the board of
building code appeals. Such alternate members may sit on the board in the
absence of any regular member. Such alternates shall meet the same
qualifications as required for regular members and while sitting on the board,
shall have the full power and authority of its regular members. Alternate
members shall be appointed to five year terms and may be reappointed at the
completion of their term.
Sec. 10-42. - Chairman of the board of building code appeals.
The board of building code appeals shall select one of its members to serve as
chairman. The building official shall designate a secretary to the board of
building code appeals who shall keep a detailed record of all proceedings on
file in the Office of Code Administration.
Sec. 10-43. -Prevention of conflict of interest. question in which
A board member shall not hear an appeal,nor vote, on any q
that member is engaged as contractor or material dealer,has prepared the plans
or specifications, or has any personal,professional or financial interest.
Sec. 10-44. Identification of inspectors.
I.
Inspectors for the administrative authority shall carry and,upon request,
present identification before entering premises for the purpose of making an
inspection.
Sec 10-45. Climatic and Geographic Design criteria.
Table R301.2(1) of the Virginia Residential � dvalues nsertedia
Uniform Statewide Building Code shall have the following
Ground Snow Load 30 pounds
Wind Speed 90 mph
Topographic Effects NO
Seismic Design Category
B
Weathering Severe
Frost Line Depth
24 Inches
Termite Moderate to heavy
Winter Design Temp. 18° F
Ice Barrier Underlayment Required YES
Flood Hazards
Ordinance adoption February 11, 2003
Flood Insurance Study June 2,2006
Map number 5155241NDOB
Panels 1,2,3,4,5
Air Freezing Index
480° F or less
Mean Annual temp. 55° F
Sec 10-46. Authority to Disconnect
When any electrical equipment is found to be dangerous to human life or
property because it is defective or defectively installed,the person p onsible
for the electrical equipment shall be notified in writing and shall make any
changes or repairs necessary in the judgment of the chief electrical inspector to
place such equipment in safe condition. If such work is not completed within
ten days or any longer period that may be specified in such notice,e the chief
electrical inspector shall have the authority to disconnect or
discontinuance of electrical service to such electrical equipment. In cases of
emergency,where necessary for safety to human life and property or where
electrical equipment may interfere with the work olhe fire immediately discnt,the or
chief electrical inspector shall have the authority
cause the discontinuance of any electrical equipment.
Secs. 10-47-10-70. -Reserved."
BE IT FURTHER ORDAINED,by the City Council of the City of Fairfax,Virginia,that
Chapter 10, Articles III through VI, inclusive, of the Code of the City of Fairfax,fViowsia,
e
pertaining to various trade codes are hereby amended to read in their entirety as
"ARTICLE III. RESERVED
ARTICLE IV. RESERVED
ARTICLE V. RESERVED
ARTICLE VI. RESERVED"
BE IT FURTHER ORDAINED,by the City Council of the City of Fairfax,
Virginia,that
Virginia,pertaining to
Chapter 102, Article IV, of the Code of the City of Fairfax, to connections to public
wastewater, is hereby amended to add a new Division 3 relating
sewers, in its entirety, as follows:
"CHAPTER 102—UTILITIES
ARTICLE IV.—WASTEWATER
DIVISION 3 —CONNECTIONS TO PUBLIC SEWERS
Sec. 102-180. - Connections to public sewers.
(a)
Tapping public sewers. All labor and material necessary for installing
ons
connections between building and sewer mains,
including tose
located within the rights-of-way of public p rivate
cessarY work
by the owners of such building at their cost and expense. All ec sewer mains
shall be done by a plumber registered in the city. Connections
shall be made through existing manufactured tees previously d inddleed or the
connection shall be made by means of b inserting the code official. Cutting into
affixing it to the main in a method app roved Y
the P ipe for branches will be permitted only with a commercially
sewer facto i d
tapping or drilling machine. Whenever it is necessary to tap
shall be tapped on a 45-degree angle unless permission is otherwise granted by
e
the administrative authority. The pipe shall be completely ll be in uncovered i d,thessary.
excavation shall be free of all water and shoring shall t during the
No sewer main shall be cut for
af any
plumbing inspector.umbing purpose except
division of
presence of and under the supervision
building and fire code administration shall be notified at
premises 4 hours
shall before a
tap is desired. Before the tap can be made,the owner the aid all application to the department of utilities for the connection and paid
charges. At the time the tap is made, a section of
and available able foro
be installed adjacent to thI�ediately after the saddle and the section of
insertion into the saddle ported with cement,
building sewer have been fastened cov
llered to a depth of two or more feet with
covered with heavy paper and t
dry dirt. The tap must be protected from water while the cement is from and if
th plumbing inspector directs,pumps must be used to keep
until the cement is hard. Test tees shall be located not shall five
oft from
the sewer saddle and the pipe between the test tee an d saddle
approved material. After the tap is made,
the sewer must be completed and
inspected in the shortest time possible. Trenches must not be left and sewers shall open longer be
than a reasonable length of time to comwater and mud. Sufficient backfill shall
protected at all times from damage by
be placed over the pipe by hand to prevent damage when
n six-inch f the
layers, and
that portion of the trench in the street shall be tamp additional
compacted to 95 percent density until backfill is completed. Any
requirement of the city shall be carried out.
installed by the developer,the
In the subdivisions where the sewer
being
sewer main to one foot beyond
or
developer may also install a spur
property line for each lot. In cases where spurs would te jurisdiction.n This extension
the piop Y the authority having
utilities, a variance may be granted by
is to receive the building sewer for each lot. f easements,the
In apartment developments, shopping centers or on other types from the public sewer.
developer may extend a spur not more than one length of pipe
This extension shall not exceed ten feet. approved by the
Such
extensions are to be shown on the sewer plans submitted
in the exact ndopprov shown e on
director of utilities.These extensions are to be permit
the plan,
under the supervision of a registered master plumber, and with material,
pem
issued for each spur.These spurs shall be constructed of grades approved required by this article.
properly plugged at the end of the s and
laid to inspector.
g
The spur shall be inspected by a plumbing or storm sewer,the spur
After a building
is connected through a spur to the sanitary remises shall be e entire shall become a part of the building sewer and the owner oft the p p sewer between the
building buildin
s onsible for the operation and maintenance of ct on � of this seg tion.
ii and the street sewer as set forth in subse
(b) damaged sewer main. If a section of the sewer main is broken or
damaged dr during process of tapping,the plumber shall immediately replace
damaged during the p plumbing inspector
or repair the broken section under t by the doe tr of utilities and at the
pursuant to specifications promulgated the director of
expense of the plumber. A plumbing inspector shall notify
utilities as soon as possible.
(c) not be tapped,but where
Building sewers to trunk lines. Trunk lines may sewer
av
available and with the approval of the department of uti iand invert building
built at he
may enter a trunk line manhole and a satisfactory permission to construct a
expense of the plumber. If no manhole the direct rbof,utilities and it must be built
new manhole must be secured from
the plumber's expense and under the direction of the director of utilities.
atth p
(d) is given by the director of
Building sewers entering manhole. When p
utilities,house connections may enter a manhole on the top of the bench
of a and a
satisfactory invert shall be built by the plumber d
lumber under the
bin inspector. The manhole shall be made watertight where the
sewer building
plumbing P
sewer enters. The channel in the manhole
is It shall have a smooth rounded
be made to the full size of th pipe it
bottom. The benches shall be brought up to the full height the flow channel the and
drain toward the main channel. Channels shall curve toward
sewer main.
(e) of surface water or mud
Protection of building sewer. Where there is dang
entering the building sewer,the pipe must be plugged.
( Ownership of building sewer. The ownership of connections between buildings
of
and sewer mains, including those portions located within of such rights-of-way an the
public or private streets, shall be vested in the owners h p
city shall not be responsible for the operation and maintenance of such
connections.
(g)
sewer shall be tapped for a
Size of tap permitted. No eight-inch sanitary sewroved by the director of
building sewer larger than five inches unless app Y
utilities.
This ordinance shall become effective as provided by law.
INTRODUCED:Nv
PUBLIC HEARING: 27,2012
ENACTED:November 27,2012
cLe-f7-7
Mayor
Z
Date
ATTEST:
, 4 ta. //
ity Clerk
Votes
Councilman DeMarco Aye
A
Councilman Drummond Ab Absent
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres