[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.]
A.
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.
[Amended 9-12-2018]
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.
A.
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:
B.
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.
A.
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.
B.
Compensation of the members of the Board of Building
Code Appeals shall be set by the Board of Supervisors.
A.
No person shall violate any provision of this chapter.
B.
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.
C.
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.
D.
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.
[Amended 12-9-1992]
