[HISTORY: Adopted by the Board of Supervisors of Shenandoah County as indicated in article histories. Amendments noted where applicable.]
Article I Uniform Statewide Building Code
Article II Board of Appeals
[Adopted 8-29-1973, as amended through 7-27-1978; amended in its entirety 9-23-1997 by Ord. No. 97-7]
There is hereby adopted by reference in the County of Shenandoah the Virginia Uniform Statewide Building Code, the provisions of which are adopted and shall control all matters concerning the design, construction, alteration, enlargement, repair, removal, demolition, conversion, use, location, occupancy and maintenance of all buildings, and all other functions which pertain to the installation of systems vital to all buildings 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 County of Shenandoah.
The Department of Building Inspection is hereby created and shall be staffed by a Building Official and Inspector who shall be appointed by the Board of Supervisors of Shenandoah County, and whose responsibility it shall be to enforce the provisions of the Virginia Uniform Statewide Building Code as stated in Article 102.1 of the Virginia Uniform Statewide Building Code. The cost of enforcement may be defrayed through the levying of fees as provided in § 36-105 of the Code of Virginia. The Chief Building Official shall be responsible for the organization and daily operation of the Department in concurrence with the Board of Supervisors of Shenandoah County.
It shall be unlawful to construct, enlarge, alter or demolish a structure; or change the occupancy of a building or structure requiring greater strength, exitway or sanitary provisions; or change to a prohibited use; or to install or alter any equipment for which provision is made or the installation of which is regulated by said code without first filing an application with the Building Official, in writing, and obtaining the required permit(s) therefor, except that ordinary repairs, as defined in said code, which do not involve any violation of said code shall be exempt from this provision.
In accordance with the current edition of the Virginia Uniform Statewide Building Code, before a building permit shall be issued the owner, person, firm or corporation doing the work shall pay to the Treasurer of Shenandoah County a fee based on the schedules as shall be adopted and amended from time to time by the Board of Supervisors in a format resolution.
Editor's Note: See Ch. A170, Fees.
All persons or firms doing contract work in the county shall be subject to the provisions of Chapter 81, Contractors, Licensing of.
In that, according to the Virginia Code, each governing body is responsible for the enforcement of the Virginia Uniform Statewide Building Code by hiring Building Officials, or by contracting for the enforcement thereof, therefore, the County of Shenandoah may enforce the Virginia Uniform Statewide Building Code in those incorporated towns with which contracted arrangements are agreed to.
The owner of a building or structure may appeal from a decision of the Building Official pursuant to § 71-17.
Other rules and regulations necessary for the enforcement of the Virginia Uniform Statewide Building Code may be promulgated by the Building Official with the concurrence of the Board of Supervisors of Shenandoah County.
Words, terms and phrases used in this article shall be defined and carry the same meaning as used in the Virginia Uniform Statewide Building Code.
Violations of this article or the Statewide Building Code shall be punishable as provided in § 36-106 of the Code of Virginia.
Editor's Note: Ordinance No. 98-5, adopted 5-26-1998; updated these penalties pursuant to § 36-106 of the Code of Virginia.
[Amended 9-23-1997 by Ord. No. 97-7]
The Board of Building Code Appeals shall consist of five members appointed by the Board of Supervisors. Members may be eligible for reappointment. All members shall be appointed or reappointed for five-year terms.
Appeals Board members shall be selected by the Board of Supervisors on the basis of their ability to render fair and competent decisions regarding application of the code and shall, to the extent possible, represent different occupational or professional fields associated with the construction or repair and/or maintenance of buildings; however, at least one member shall be an experienced builder, and, if available, one member shall be a licensed engineer or architect.
The Board shall, each year, select two of its members to serve as Chairman and Vice Chairman, respectively. The Building Official shall designate an employee from the Department to serve as Secretary to the Board. The Secretary shall keep a detailed record of all proceedings on file in the County Building Department.
The Board of Supervisors may appoint alternate members who may sit on the Board in the absence of any regular members of the Board and, while sitting on the Board, shall have the full power and authority of the regular member. An alternate member shall vote on questions in the absence of a regular member or when a regular member disqualifies himself due to possible conflict of interest.
A member of the Board shall not vote on any question in which that member is engaged as contractor or material dealer or in the preparation of plans or specifications or in which he has any personal interest.
The Board shall meet upon notice of the Chairman or at stated periodic meetings if warranted by the volume of work. The Board shall meet within 10 working days of the filing of an appeal.
The owner of a building or his agent may appeal to the local Building Code Board of Appeals from a decision of the Building Official when it is claimed that:
The Building Official has refused to grant a modification of the provisions of the Uniform Statewide Building Code;
The true intent of the Uniform Statewide Building Code has been incorrectly interpreted;
The provisions of the Uniform Statewide Building Code do not fully apply; or
The use of a form of construction that is equal to or better than that specified in the Uniform Statewide Building Code has been denied.
Applications for appeals shall be submitted, in writing, to the Board of Building Code Appeals on forms supplied by the Building Official. The Board of Supervisors may require the payment of an appeals fee to offset expenses incurred thereto.
The hearing of all appeals shall be open to the public. The appellant, the appellant's representative, the Building Official and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard.
If at least five members and alternates of the Board are not present to consider a specific appeal, either the appellant, the Building Official or their representatives may, prior to the start of the hearing, request a postponement of the hearing.
The Board shall affirm, modify or reverse the decision of the Building Official by a concurring vote of a majority of the members. Failure to secure a concurring vote of a majority of the members shall be deemed a confirmation of the decision of the Building Official, except that the appellant shall be entitled to further hearing before the full Board if there were not at least five members present when the vote was taken.
Every action of the Board shall be by resolution. Certified copies shall be furnished to the appellant and to the Building Official.
The Building Official shall take immediate action with the decision of the Board.
Any person aggrieved by a decision of the County Board of Building Code Appeals who was a party to the appeal or any officer or member of the county government may appeal to the State Building Code Technical Review Board pursuant to the current edition of the Uniform Statewide Building Code.
[Amended 9-23-1997 by Ord. No. 97-7]
The Board of Building Code Appeals shall, in an advisory capacity, consider matters brought before it relating to the interpretation and enforcement of Chapter 81, Contractors, Licensing of.