Title of Regulation: 13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-20, 13VAC5-91-60, 13VAC5-91-115, 13VAC5-91-120, 13VAC5-91-140, 13VAC5-91-160, 13VAC5-91-170).

Statutory Authority: § 36-73 of the Code of Virginia.

Public Hearing Information:

May 8, 2023 - 10 a.m. - Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060

Public hearing information: https://townhall.virginia.gov/L/viewmeeting.cfm?meetingid=37601

Public Comment Deadline: May 9, 2023.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TDD (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

Background: The Industrialized Building Safety Regulations (IBSR) govern the in-factory construction of industrialized buildings, which are also known as modular buildings. The regulation provides the same standards for construction as those buildings constructed on-site and regulated by the Virginia Uniform Statewide Building Code (13VAC5-63). Both regulations utilize nationally recognized model building codes and standards to provide the technical requirements for the actual construction of the regulated buildings. Every three years, new editions of the model codes become available. At that time, the Board of Housing and Community Development (BHCD) initiates a regulatory action to incorporate the newest editions of the model codes into the regulation and accepts proposals for changes to the regulation from stakeholders and the public. The Department of Housing and Community Development staff maintains mailing lists for workgroups involving different subject areas of regulation and conducts workgroup meetings attended by stakeholder groups and the public to develop consensus recommendations, when possible, concerning proposals which have been submitted. The department uses an online program incorporating the provisions of the regulation and the model codes and standards to facilitate the submittal of proposals. A public hearing is held during the workgroup meeting stage of the process and a comment period established. Once workgroup meetings are completed, the BHCD has a series of meetings to consider each proposal, and those proposals approved are incorporated into the proposed regulation. After the publishing of the proposed regulation, the BHCD establishes a comment period and holds an additional public hearing. The BHCD then meets to consider public comments to develop a final regulation to complete the regulatory process.

Summary:

The proposed amendments include: (i) an editorial change regarding approval of intermodal shipping containers as building modules or components of an industrialized building; (ii) an editorial change related to the issuance of notices of violations under the IBSR; (iii) clarifying that the local building official may approve a change of occupancy of a registered industrialized building; (iv) clarifying the options for approval of unregistered industrialized buildings; (v) clarifying that the report to the SBCO is for moved buildings with active violations; (vi) incorporating by reference new International Code Council/Modular Building Institute 1200-2021 and 1205-2021 Offsite Construction Standards; and (vii) updating the International Code Council standards incorporated by reference into the regulation to the most current edition.

13VAC5-91-20. Application and compliance.

A. In accordance with § 36-81 of the Code of Virginia, registered industrialized buildings shall be acceptable in all localities as meeting the requirements of the Industrialized Building Safety Law (Chapter 4 (§ 36-70 et seq.) of Title 36 of the Code of Virginia), which shall supersede the building codes and regulations of the counties, municipalities, and state agencies. Local requirements affecting industrialized buildings, including zoning, utility connections, preparation of the site, and maintenance of the unit shall remain in full force and effect. All building officials are authorized to and shall enforce the provisions of the Industrialized Building Safety Law (Chapter 4 (§ 36-70 et seq.) of Title 36 of the Code of Virginia) and this chapter.

B. In accordance with § 36-78 of the Code of Virginia, no person, firm, or corporation shall offer for sale or rental, or sell or rent, any industrialized building subject to any provisions of this chapter unless it conforms with the applicable provisions of this chapter.

Further, any industrialized building constructed before January 1, 1972, shall remain subject to the ordinances, laws, or regulations in effect at the time such industrialized building was constructed. Additionally, as a requirement of this chapter, any industrialized building bearing the label of a compliance assurance agency shall remain subject to the provisions of this chapter that were effective when such building was constructed, regardless of whether the building has been relocated.

C. In accordance with § 36-99 of the Code of Virginia and in accordance with the USBC, the installation or erection of industrialized buildings and alterations, additions, or repairs to industrialized buildings are regulated by the USBC and not this chapter. The USBC provides for administrative requirements for permits, inspections, and certificates of occupancy for such work.

D. The use of off-site manufactured intermodal freight containers, moving containers, or storage containers as building modules or components of an industrialized building must may be approved by the administrator in accordance with 13VAC5-91-150.

In reviewing the use of intermodal freight containers as structural building components, the administrator will may accept evaluation reports from accredited third-party evaluation services.

E. Off-site manufactured intermodal freight containers, moving containers, and storage containers placed on site temporarily or permanently for use as a storage container are not subject to this chapter.

13VAC5-91-60. Notice of violation from administrator.

In accordance with § 36-82 of the Code of Virginia, whenever the administrator shall find any violation of this chapter, he the administrator shall order the person responsible therefor to bring the building into compliance within a reasonable time, to be fixed in the order. In addition, as a requirement of this chapter, the administrator may request assistance from the building official for enforcement of this section. Any order issued by the administrator pursuant to this section shall contain a statement explaining the right of appeal of the order.

13VAC5-91-115. Change of occupancy classification.

When the occupancy classification of a registered industrialized building is proposed to be changed, a the change of occupancy shall be in accordance with one of the following:

1. A compliance assurance agency shall inspect the building, including any disassembly necessary, to determine whether compliance may be achieved for a change of occupancy classification in accordance with this chapter. If factory plans are available, then disassembly is not required to the extent that the factory plans can be reasonably verified to reflect the actual construction. Once any necessary work is completed, the compliance assurance agency shall prepare a report documenting the method utilized for the change of occupancy and any alterations to the building to achieve compliance. When the report is complete, the compliance assurance agency shall (i) mark the building with a new compliance assurance agency label in accordance with 13VAC5-91-210, which replaces the existing label; (ii) place a new manufacturer's data plate on the building in accordance with 13VAC5-91-245, which replaces the existing manufacturer's data plate and reflects the new occupancy classification; and (iii) forward a copy of the report and new data plate to the SBCO; or

2. A building official shall determine that a change of occupancy for an industrialized building meets the requirements of the USBC. The building official may require the submittal of plans approved by a registered design professional or inspection by an approved third party. A change of occupancy of a registered industrialized building, in accordance with the USBC and approved by the building official, must be reported to SBCO and the registration seal and data plate removed prior to occupancy.

13VAC5-91-120. Unregistered industrialized buildings.

The building official shall determine whether any unregistered industrialized building complies with this chapter and shall require any noncomplying unregistered building to be brought into compliance with this chapter. The building official shall enforce all applicable requirements of this chapter including those relating to the sale, rental and disposition of noncomplying buildings. in accordance with one of the following:

1. The unregistered building shall be registered in accordance with 13VAC5-91-125; or

2. The building official shall approve the unregistered building in accordance with the USBC. The building official may require submission of full plans and specifications for each building. Concealed parts of the building may be exposed to the extent necessary to permit inspection to determine compliance with the applicable requirements. The building official may also accept reports of inspections and tests from individuals or agencies deemed acceptable to the building official.

13VAC5-91-140. Report to the SBCO.

If the a building, which has active violations, is moved from the a jurisdiction before the violations have been corrected, the building official shall make a prompt report of the circumstances to the SBCO. The report shall include all of the following:

1. A list of the uncorrected violations.

2. All information contained on the label pertinent to the identification of the building, the manufacturer, and the compliance assurance agency.

3. The number of the Virginia registration seal.

4. The new destination of the building, if known.

5. The party responsible for moving the building.

13VAC5-91-160. Use of model codes and standards.

A. Industrialized buildings entering the production assembly line after the effective date of the 2018 2021 edition of this chapter shall comply with all applicable requirements of the codes and standards listed in subsection B of this section except that the following codes and standards may be used for industrialized buildings entering the assembly line during a one-year period after the effective date of the 2018 2021 edition of this chapter:

1. ICC International Building Code - 2015 2018 Edition

2. ICC International Plumbing Code - 2015 2018 Edition

3. ICC International Mechanical Code - 2015 2018 Edition

4. National Fire Protection Association Standard Number 70 (National Electrical Code) - 2014 2017 Edition

5. ICC International Fuel Gas Code - 2015 2018 Edition

6. ICC International Energy Conservation Code - 2015 2018 Edition

7. ICC International Residential Code - 2015 2018 Edition

B. The following documents are adopted and incorporated by reference to be an enforceable part of this chapter:

1. ICC International Building Code - 2018 2021 Edition

2. ICC International Plumbing Code - 2018 2021 Edition

3. ICC International Mechanical Code - 2018 2021 Edition

4. National Electrical Code - 2017 2020 Edition

5. ICC International Fuel Gas Code - 2018 2021 Edition

6. ICC International Energy Conservation Code - 2018 2021 Edition

7. ICC International Residential Code - 2018 2021 Edition

Note:

8. ICC/MBI 1200-2021 Standard for Off-site Construction: Planning, Design, Fabrication and Assembly

9. ICC/MBI 1205-2021 Standard for Off-site construction: Inspection and Regulatory Compliance

C. As the 2018 2021 editions of the International Codes are incorporated by reference as the construction standards for use with these regulations, this chapter is also referred to as the 2018 2021 edition of the Virginia Industrialized Building Safety Regulations or the 2018 2021 edition of this chapter.

The codes and standards referenced above in this section may be procured from:

13VAC5-91-170. Amendments to codes and standards.

A. All requirements of the referenced model codes and standards that relate to fees, permits, certificates of use and occupancy, approval of plans and specifications, and other procedural, administrative, and enforcement matters that address the same subject matter and impose differing requirements are deleted and replaced by the procedural, administrative, and enforcement provisions of this chapter.

B. The referenced codes and standards are amended as set forth in the USBC.

DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-91)

International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070 (http://shop.iccsafe.org/codes.html):

ICC International Plumbing Code - 2015 and 2018 Editions Edition

ICC International Mechanical Code - 2015 and 2018 Editions Edition

ICC International Building Code - 2015 and 2018 Editions Edition

ICC International Residential Code - 2015 and 2018 Editions Edition

ICC International Fuel Gas Code - 2015 and 2018 Editions Edition

ICC International Energy Conservation Code - 2015 and 2018 Editions Edition

ICC International Plumbing Code - 2021 Edition

ICC International Mechanical Code - 2021 Edition

ICC International Building Code - 2021 Edition

ICC International Residential Code - 2021 Edition

ICC International Fuel Gas Code - 2021 Edition

ICC International Energy Conservation Code - 2021 Edition

ICC/MBI 1200-2021 Standard for Off-site Construction: Planning, Design, Fabrication and Assembly

ICC/MBI 1205-2021 Standard for Off-site construction: Inspection and Regulatory Compliance

NFPA 70, National Electrical Code - 2014 and 2017 Editions, National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471 (http://www.nfpa.org/)

NFPA 70, National Electrical Code - 2017 Edition,

NFPA 70, National Electrical Code - 2020 Edition

ASTM Standard Number E541-10 - Standard Specification for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building, American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 (http://www.astm.org/)