[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 4-10-1985 (Ch. 6, Art. I, of the 1984 Frederick County Code). Amendments noted where applicable.]
The Department of Building Inspections is hereby established and shall be staffed by an executive official in charge known as the "Chief Building Official" and such assistants and inspectors as may be authorized by the Board of Supervisors. It shall be the duty of the Chief Building Official to administer and enforce the provisions of this chapter. The Chief Building Official and authorized assistants shall be compensated and governed in accordance with the established County pay scale and personnel policies.
Rules and regulations necessary for the administration and enforcement of the provisions of this chapter may be established and promulgated by the Chief Building Official, with approval of the Board of Supervisors. It shall be unlawful for any person to violate or fail to comply with any such rule or regulation so promulgated and approved when a copy thereof has been placed on file in the Department of Building and Inspections and is made available to the public for inspection and use during all regular business hours.
The Virginia Uniform Statewide Building Code, a copy of which is and shall remain on file in the Department of Building and Inspections, shall control all matters concerning the construction of all buildings and structures and the procedures for the administration and enforcement of such standards.
Pursuant to §§ 36-105 and 15.2-906 Code of Virginia, upon complaint, the Chief Building Official may investigate, inspect and condemn conditions found to be unsafe in buildings and structures.
Unless otherwise excepted, no permit to begin work for construction as defined by § 36-97 of the Code of Virginia or required by the several provisions of the Virginia Uniform Statewide Building Code shall be issued until all permit fees have been paid. Prior to the initiation of an application, by the owner of the subject property, the owner's agent or any entity in which the owner holds an ownership interest greater than 50%, for a permit under this chapter, except for, as provided under Section 108.1 of the Virginia Construction Code, a permit for emergency construction, alterations or equipment replacement, all delinquent real estate taxes and any other charges that constitute a lien on the subject property that are owed to the County and have been properly assessed against the subject property must be paid, unless otherwise authorized by the Treasurer. All permits issued under this chapter shall be issued by the Chief Building Official or his authorized agent, on forms approved and provided by the Department of Building Inspections.
The Director of Public Services and the Chief Building Official shall establish and update permit fees as authorized by the Board of Supervisors, upon recommendation by the Frederick County Public Works Committee. Permit fees for the following as authorized by the Board of Supervisors shall remain on file in the Department of Building Inspections:
Disposition of fees required by this section shall be paid by the applicant to the County Treasurer or his deputy at the time the application for the permit is filed with the Chief Building Official, and upon receipt of such fees, the Treasurer shall deposit the same to the credit of the County general fund.
Any company, firm or corporation furnishing electrical service to structures located in the County shall refuse such electrical service until notified by the Board of Supervisors or an agent thereof that all regulatory codes and ordinances pertaining to the structure have been fully complied with. Upon written notice, an electrical service may be installed to the structure.
Pursuant to § 36-105 of the Code of Virginia, the Board of Building Code Appeals is hereby created. Members shall be appointed by the County Board of Supervisors and function in conformity with the provisions of the Virginia Uniform Statewide Building Code and in accordance with bylaws that may be adopted by the Board of Building Code Appeals.
Compensation of the members of the Board of Building Code Appeals shall be set by the Board of Supervisors.
No person shall violate any provision of this chapter.
Notice of violation. The Chief Building Official shall serve a notice of violation on the person who violates any provision of this chapter. Such order shall direct the discontinuance of the violation.
Prosecution of violations. If the notice of violation is not complied with properly, the Chief Building Official shall request the legal counsel for the Board of Supervisors to institute the appropriate legal proceedings to restrain, correct or abate such violation.
Violation a misdemeanor. Any such violation may be deemed a misdemeanor and may be punishable as provided in § 36-106 of the Code of Virginia.