[HISTORY: Adopted by the Board of Supervisors
of Mathews County; amended 9-27-1977; 8-25-1981; 6-23-1987; 4-28-1998.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 50.
Floodplain management — See Ch. 63.
Sand dunes — See Ch. 122.
Sanitary district — See Ch. 125.
Sewage disposal systems — See Ch. 130.
Street names and building numbers — See Ch. 136.
Subdivision of land — See Ch. 140.
Wetlands — See Ch. 166.
These rules and regulations governing administration
and enforcement shall apply to the Virginia Uniform Statewide Building
Code and any future amendments to this code.
These regulations shall be known as the "Administrative
Procedures of the Virginia Uniform Statewide Building Code" (hereinafter
referred to as the "Basic Code"). They shall control all matters concerning
the construction, alteration, addition, repair, removal, demolition,
use, location, occupancy, and maintenance of all buildings and structures
and their service equipment as herein defined and shall apply to existing
or proposed buildings and structures in the County of Mathews, except
as such matters are otherwise provided for in other ordinances or
statutes or in the rules and regulations authorized for promulgation
under the provisions of the Basic Code.
Unless otherwise specifically provided in the
Basic Code, all references to article or section numbers, or to provisions
not specifically identified by number, shall be construed to refer
to such article, section or provision of the Basic Code.
The provisions of the Basic Code shall apply
to all buildings and structures and their appurtenant constructions,
including vaults, area and street projections, and accessory additions,
and shall apply with equal force to municipal, County, state and private
buildings, except where such buildings are otherwise specifically
provided for by statute.
No building or structure shall be constructed,
extended, repaired, removed or altered in violation of these provisions,
except for ordinary repairs as defined in the Basic Code, and except
further that the raising or lowering or moving of a building or structure
as a unit necessitated by a change in legal grade or widening of a
street shall be permitted, provided the building is not otherwise
altered or its use or occupancy changed.
Any requirement essential for structural, fire
or sanitary safety of an existing or proposed building or structure
or essential for the safety of the occupants thereof and which is
not specifically covered by the Basic Code shall be determined by
the Building Official.
The continuation of occupancy or use of a building or structure, or of a part thereof, contrary to the provisions of the Basic Code shall be deemed a violation and subject to the penalties prescribed in § 20-22.
When the provisions of the Basic Code are more
restrictive than local ordinances, the Basic Code shall control.
[Amended 9-25-2001]
The Department of Building Official and Floodplain
Management of the County of Mathews is hereby created, and the position
of Building Official is hereby created for Mathews County.
The Building Official shall be appointed by
the governing body of the County of Mathews, and the Building Official
shall not be removed from office except for cause and after full opportunity
has been granted to the Building Official to be heard on specific
and relevant charges by and before the appointing authority.
[Amended 9-25-2001]
The Building Official, officer or employee charged
with the enforcement of the Basic Code, while acting for the County
of Mathews, shall not thereby render himself/herself liable personally,
and he/she is hereby relieved from all personal liability for any
damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his/her official duties.
Any suit instituted against any officer or employee because of an
act performed by him/her in the lawful discharge of his/her duties
and under the provisions of the Basic Code shall be defended by the
legal representative of the County of Mathews until the final termination
of the proceedings. In no case shall the Building Official or any
of his/her subordinates be liable for costs in any action, suit or
proceedings that may be instituted in pursuance of the provisions
of the Basic Code, and any officer of the Department of Building Official
and Floodplain Management, acting in good faith and without malice,
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of his/her
official duties in connection therewith.
An official record shall be kept of all business
and activities of the Department specified in the provisions of the
Basic Code, and all such records shall be open to public inspection
at all appropriate times.
The Building Official shall enforce all the
provisions of the Basic Code and shall act on any questions relative
to the mode or manner of construction and the materials to be used
in the erection, addition to, alteration, repair, removal, demolition,
installation of service equipment, and the location, use, occupancy,
and maintenance of all buildings and structures, except as may otherwise
be specifically provided for by statutory requirements or as herein
provided.
A.
Applications and permits. The Building Official shall
issue permits for the erection and alteration of buildings and structures
and inspect the premises for which such permits have been issued and
enforce compliance with the Basic Code provisions.
[Amended 8-25-2015]
B.
Inspections. The Building Official shall make all
the required inspections, or he/she may accept reports of inspection
by authoritative and recognized services or individuals, and all reports
of such inspections shall be in writing and certified by a responsible
officer of such authoritative service or by the responsible individual,
or he/she may engage such expert opinion as he/she may deem necessary
to report upon unusual technical issues that may arise, subject to
the approval of the appointing authority.
C.
Research and investigations. The Building Official
shall make or cause to be made investigations of any new developments
in the building industry; subject to local climatic or other conditions,
he/she shall accredit tests meeting the functional requirements of
the Basic Code conducted by accredited authoritative agencies listed
in Appendix A of the Basic Code, or he/she may accept duly authenticated
reports from the Building Officials and Code Administrators International,
Inc., or from recognized authoritative sources of all new materials
and methods of construction proposed for use which are not specifically
provided for in the Basic Code. The costs of all tests or other investigations
required under these provisions shall be paid by the applicant.
D.
New rules. The Building Official shall promulgate
rules under the procedure provided in the Basic Code establishing
the conditions for use of new materials consistent with the provisions
of the Basic Code and with minimum requirements based on accepted
engineering practice.
E.
Department records. The Building Official shall keep
official records of applications received, permits and certificates
issued, fees collected, reports of inspections, and notices and orders
issued. File copies of all papers in connection with building operations
shall be retained in the official records so long as the building
or structure to which they relate remains in existence.
F.
Annual report. At least annually, the Building Official
shall submit to the Board of Supervisors of Mathews County a written
statement of all permits and certificates issued, orders promulgated
and materials approved.
It shall be unlawful to construct, enlarge,
alter, remove, or demolish a building; or to change the occupancy
of a building requiring greater strength, exitway or sanitary provisions;
or to 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 the Basic Code, without first filing an application with the Commissioner
of Revenue or the Building Official in writing and obtaining the required
permit from the Building Official therefor, except that ordinary repairs,
as defined in the Basic Code, which do not involve any violation of
the Basic Code shall be exempt from this provision.
A.
Action on application. The Building Official shall
examine or cause to be examined all applications for permits and amendments
thereto within a reasonable time after filing, except for one- and
two-family residential structures, for which the applicant shall be
notified within three days after filing.
[Amended 9-25-2001]
B.
Expiration of permit before work is commenced. A permit
under which no work is commenced within six months after issuance
shall expire by limitations and may be renewed by the Building Official
or his/her designated agent.
[Amended 1-24-2002]
A.
Payment of fees. No permit shall be issued until the
fees prescribed in this chapter have been paid.
B.
Compliance with code. The permit shall be a license
to proceed with the work and shall not be construed as authority to
violate, cancel or set aside any of the provisions of the Basic Code,
except as specifically stipulated by modification or legally granted
variation as described in the application.
C.
Compliance with permit. All work shall conform to
the approved application and plans for which the permit has been issued
and any approved amendments thereto.
[Amended 9-25-2001; 8-25-2015]
Except as provided in Subsection 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 be paid to the Department of Building Official
and Floodplain Management, nor shall an amendment to a permit necessitating
an additional fee because of an increase in the original scope of
the work involved be approved until the additional fee shall have
been paid.
A.
Exemption from permit fees for certain applicants.
(1)
The
following applicants for building and other permits required by this
chapter shall be exempt from and shall not be assessed fees for the
same:
(a)
Public and private nonprofit agencies and organizations when providing
housing rehabilitation, renovation and other construction assistance
to low- and moderate-income persons and households;
(b)
Mathews Volunteer Fire Department, Mathews Volunteer Rescue Squad,
including their auxiliaries, and other Mathews County emergency services
agencies and organizations; and
(c)
Departments and agencies of the County of Mathews, including the
Mathews County School Board, the Commonwealth of Virginia, and the
government of the United States.
(2)
All
of the aforementioned applicants which are exempt from building and
other permit fees contained in this chapter shall obtain all building
and development permits required by this chapter and shall comply
with all applicable building and development codes except as provided
by state or federal law.
B.
New construction and alterations. The fee for a building
permit shall be based on the square feet of the structure, as prescribed
in local ordinance, and the Building Official is authorized to establish
a schedule of unit rates for buildings and structures of all use groups
and types of construction as classified and defined in Article 2 of
the Basic Code.
C.
Moving of buildings. The fee for a building permit
for the removal of a building or structure from one lot to another
or to a new location on the same lot shall be at the rate of $0.06
per square foot of foundation, with the minimum fee being $10.
D.
Demolition. The fee for a permit for the demolition
of a building or structure shall be $10.
E.
Signs. The fee for signs, billboards and other display
structures for which permits are required under the provisions of
the Basic Code shall be $5 plus the rate of $0.03 per square foot.
F.
Accounting. The Building Official or Commissioner
of Revenue shall keep an accurate account of all fees collected for
building permits, and such collected fees shall be deposited monthly
in the County of Mathews treasury or otherwise disposed of as required
by law.
G.
Refunds on permits after issue. In the case of a revocation
of a permit, expiration, abandonment or discontinuance of a building
project, the permit fee shall remain in the treasury of the County.
H.
Refunds on application for permits canceled on request
of applicant. If an application for a permit is canceled on request
of the applicant before a permit is issued, or if application for
a permit is rejected, the permit fee shall be returned to the applicant
if a written request for said refund is received in the office of
the Building Official.
I.
Penalty for commencing work prior to obtaining a permit.
On any construction willfully commenced before application is approved
and the permit fee is paid, a penalty of 10% shall be added to the
fee due. Such penalty shall not be less than $20. Payment of such
penalty shall not relieve the violator of action in the courts.
J.
Fee for reinspection. In addition to the fees set
out in the preceding subsections, there shall be a fee of $10 for
each inspection made in excess of six total inspections if such inspection
trips are made necessary due to work not being complete for inspection
when request for inspection is made or if corrections are not made
before calling for reinspections.
L.
Exemption from permit fees for certain applicants.
(1)
The following applicants for building and other permits
required by this chapter shall be exempt from and shall not be assessed
fees for the same:
(a)
Public and private nonprofit agencies and organizations
when providing housing rehabilitation, renovation and other construction
assistance to low- and moderate-income persons and households;
(b)
Mathews Volunteer Fire Department, Mathews Volunteer
Rescue Squad, including their auxiliaries, and other Mathews County
emergency services agencies and organizations; and
(c)
Departments and agencies of the County of Mathews,
including the Mathews County School Board, the Commonwealth of Virginia,
and the United States Government.
(2)
All of the aforementioned applicants which are exempt
from building and other permit fees contained in this chapter shall
obtain all building and development permits required by this chapter
and shall comply with all applicable building and development codes
except as provided by state or federal law.[2]
[2]
Editor's Note: Former Sec. 126.0, Board of
Survey, which immediately followed this subsection, was deleted 9-25-2001.
[Amended 9-25-2001]
A.
Application for appeal. The owner of a building or
structure or any other person may appeal from a decision of the Building
Official refusing to grant a modification of the provisions of the
Basic Code covering the manner of construction or materials to be
used in the erection, alteration or repair of a building or structure
to the Local Board of Building Code Appeals. Application for appeal
may be made when it is claimed that the true intent of the Basic Code
or the rules legally adopted thereunder has been incorrectly interpreted,
the provisions of the Basic Code do not fully apply, or an equally
good or better form of construction can be used.
B.
Membership of Board. The Local Board of Building Code
Appeals shall consist of five members appointed by the Board of Supervisors
of Mathews County, one member to be appointed for five years, one
for four years, one for three years, one for two years, and one to
serve one year, and thereafter each new member shall serve for five
years or until his/her successor has been appointed.
[Amended 9-25-2001; 8-25-2015]
It shall be unlawful for any person, corporation or other entity
to carry on, or engage in, the business of plumbing, electrical, building
and mechanical construction unless such person, corporation or other
entity has a current license issued by the Department of Professional
and Occupational Regulation, Commonwealth of Virginia, to perform
such work.
A.
All masters performing electrical work in Mathews
County shall familiarize themselves with this chapter and shall give
a good and sufficient annual bond in the sum of $5,000 with approved
corporate surety, said bond to remain in full force and effect until
December 31 following the year in which said bond is written.
B.
This bond shall be so conditioned that all work performed
by or under the supervision of said master shall be in accordance
with provisions of this chapter and to indemnify the Board of Supervisors
or the owner of property against damage by reason of any defect in
materials and further conditioned to refund to the Board of Supervisors
or the property owner any money expended to correct any work or repair
any damage done or caused by the master in the execution of his/her
work and further conditioned to save harmless any person, firm or
corporation for whom or which the master or his/her employees may
do work or furnish materials and that he/she will pay all fees and
all fines and penalties properly imposed upon him/her for violation
of any provision of this chapter.
C.
If the bonded master fails, refuses or neglects to
make such work conform to this chapter as directed by the Building
Official in written order, the County Attorney shall notify the surety
on the bond in writing, and if the surety fails to make such correction
within eight days after such notice is mailed to the last known address
of the surety, the amount of the bond shall be forfeited to the Board
of Supervisors.
A.
Fire District No. 1. No building within Mathews County
shall be defined as being Fire District No. 1.
B.
Fire District No. 2. Fire District No. 2 shall comprise
the areas housing residential uses together with retail stores, businesses
and amusement centers, or in which such uses are developing. Use Groups
A, B1, D, F1, F1A, F2, F3, H1, H2, L1 and L2 as defined in the Basic
Code shall be Fire District No. 2 for the purposes of this code.
C.
All other building uses not included in Fire District
No. 2 shall be designated as outside fire limits.
The penalty for the violation of this chapter
is as set forth in § 36-106 of the Code of Virginia, and
as may be amended.
[Added 8-22-2023]
A.
Property owners shall keep buildings, walls, and other structures
in good repair at all times.
B.
A property owner shall remove, repair, or secure any building, wall
or any other structure that might endanger the public health or safety
of other residents upon written notice of the need for corrective
action by the County Administrator or his or her designee. Repair
may include maintenance work to the exterior of a building to prevent
deterioration of the building or adjacent buildings.
C.
The County Administrator, or his or her designee, shall send the
notice of the need for corrective action by certified or registered
mail, return receipt requested, to the last known address of the property
owner and shall publish the notice, once a week for two successive
weeks, in a newspaper having general circulation in the locality.
Mathews County may take action to prevent unauthorized access to the
building within seven days of the notice of the need for corrective
action if the notice indicates that the structure is deemed to pose
a significant threat to public safety.
D.
Thirty days after the return of the receipt, or newspaper publication,
Mathews County may take action to remove, repair, or secure the building,
wall, or other structure if the owner has failed to remove, repair,
or secure the building, wall or other structure as indicated in the
notice of the need for corrective action.
E.
In the event that Mathews County, through its own agents or employees,
removes, repairs, or secures any building, wall, or any other structure,
the costs and expenses shall be chargeable to, and paid by, the owner
of the property and may be collected by Mathews County as taxes are
collected. In addition, for so long as the costs and expenses remain
unpaid or uncollected, the costs and expenses shall constitute a lien
against such property ranking on a parity with liens for unpaid local
real estate taxes and enforceable in the same manner as provided in
Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965
et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950,
as amended.
F.
In addition, the Mathews County Board of Supervisors may impose a
civil penalty of $1,000 for failure to take the corrective action
required by the notice.
G.
Mathews County may waive liens in order to facilitate the sale of
the property. Liens may be waived only as to a purchaser who is unrelated
by blood or marriage to the owner and who has no business association
with the owner. All such liens shall remain a personal obligation
of the owner of the property at the time the liens were imposed.
H.
With the written consent of the property owner, Mathews County may,
through its agents or employees, demolish or remove a derelict nonresidential
building or structure provided that such building or structure is
neither located within or determined to be a contributing property
within a state or local historic district nor individually designated
in the Virginia Landmarks Register. The property owner's written
consent shall identify whether the property is subject to a first
lien evidenced by a recorded deed of trust or mortgage and, if so,
shall document the property owner's best reasonable efforts to
obtain the consent of the first lienholder or the first lienholder's
authorized agent. The costs of such demolition or removal shall constitute
a lien against such property. In the event the consent of the first
lienholder or the first lienholder's authorized agent is obtained,
such lien shall rank on a parity with liens for unpaid local taxes
and be enforceable in the same manner as provided in Articles 3 (§ 58.1-3940
et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title
58.1 of the Code of Virginia, 1950, as amended. In the event the consent
of the first lienholder or the first lienholder's authorized
agent is not obtained, such lien shall be subordinate to that first
lien but shall otherwise be enforceable as provided in Articles 3
(§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.)
of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended.
[Added 8-22-2023]
Mathews County hereby adopts Part III, Section 106, of the Uniform
Statewide Building Code, and all buildings and structures located
within Mathews County shall be maintained in accordance with Section
106 of Part III of the Uniform Statewide Building Code.
