Title of Regulation: 13VAC5-80. Virginia Standards for Individual and Regional Code Academies (amending 13VAC5-80-10, 13VAC5-80-60, 13VAC5-80-80, 13VAC5-80-90, 13VAC5-80-120, 13VAC5-80-140).

Statutory Authority: § 36-137 of the Code of Virginia.

Public Hearing Information:

December 16, 2013 - 10 a.m. - Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060

Public Comment Deadline: December 20, 2013.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

Basis: Section 36-137 of the Code of Virginia authorizes the Board of Housing and Community Development to promulgate and amend regulations as may be necessary to carry out its responsibilities. Section 36-137 also authorizes the board to issue a certificate of accreditation to a local or regional building code training academy that retains the building permit levy.

Purpose: Section 36-99 of the Code of Virginia recognizes that the purpose of the Uniform Statewide Building Code is to protect the health, safety, and welfare of the citizens of the Commonwealth while permitting buildings to be constructed in the most economical manner consistent with such pertinent recognized standards relative to construction, health, and safety. Therefore, the accreditation and operation of the individual and regional code academies supports the achievement of this purpose and ensures the technical and professional level of those personnel attending individual and regional code academies, including the knowledge and skill gained from initial training and continuing education approved by the Department of Housing and Community Development offered by individual and regional code academies.

Substance: Not being substantive in nature, this regulatory action primarily serves to clarify and update the existing regulatory requirements. The proposed amendments clarify requirements for applications and renewals of Certificates of Accreditation for code academies.

Issues: The primary advantage of this regulatory action is that it promotes the uniform interpretation and application of the existing regulation and requirements and ensures consistent and current application in the accreditation process. This regulatory action poses no foreseeable disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Housing and Community Development (Board) proposes to amend the Virginia Standards for Individual and Regional Academies to clarify requirements for Certificate of Accreditation applications and for renewal of Certificates of Accreditation.

Result of Analysis. Benefits will likely outweigh costs for these proposed changes.

Estimated Economic Impact. Current regulations contain some, but not all, of the requirements that local and regional code academies¹ must meet to get their initial Certificates of Accreditation and renew them each year. The Board proposes to add all current requirements to these regulations so that it is very apparent to localities what is required of them if they wish to maintain their own code academies. No entity is likely to incur additional costs on account of these proposed regulations. To the extent that the Board's proposed changes clarify requirements that might be unclear in current regulations, affected entities are likely to benefit.

Businesses and Entities Affected. Board staff reports that there are two local code academies (run by Fairfax County and Prince William County) in the Commonwealth in addition to the regional code academies run by the Department of Housing and Community Development (DHCD). Board staff further reports that Prince William's code academy has one full time staff person and also has 21 individuals who are approved to provide training. Fairfax's code academy has two full time staff members and 20 individuals who are approved to provide training. It is likely that not all individuals who are approved to provide training will provide training in any given training cycle.

Localities Particularly Affected. Prince William County and Fairfax County will likely be particularly affected by these regulations.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. These proposed regulations will not affect any small businesses in the Commonwealth.

Small Businesses: Alternative Method that Minimizes Adverse Impact. These proposed regulations will not affect any small businesses in the Commonwealth.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ These regulations define a code academy as an educational institution established in accordance with § 36-137 of the Code of Virginia that is accredited by DHCD to conduct classes to prepare an individual to pursue an occupation in the inspection profession relating to enforcement of Virginia's building, fire safety, and amusement devise regulations.

Agency's Response to Economic Impact Analysis: The Department of Housing and Community Development concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) clarify the existing mandatory requirements for local and regional code academies formed to provide training to enforcement personnel of the state building and fire regulations and (ii) define the requirements for conducting classes for initial accreditation to prepare an individual to pursue an occupation in the inspection profession relating to the enforcement of the Uniform Statewide Building Code, the Statewide Fire Prevention Code, and the Virginia Amusement Device Regulations and for renewal of accreditation to upgrade an individual in the technical phases of these codes.

13VAC5-80-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"BHCD" means the Virginia Board of Housing and Community Development.

"Certificate of Accreditation" means the certificate issued to an individual or regional code academy that accredits that code academy to conduct educational programs for persons seeking to become BHCD-certified for enforcement of Virginia's building-related and fire-related regulations.

"Code Academy" means an educational institution established in accordance with § 36-137 of the Code of Virginia that is accredited by DHCD to conduct classes to prepare an individual to pursue an occupation in the inspection profession relating to enforcement of the USBC, VADR, and SFPC, or to upgrade an individual in technical phases of the USBC, VADR, and SFPC.

"DHCD" means the Virginia Department of Housing and Community Development.

"Operator" means the person designated as the executive official in charge of the code academy Code Academy.

"SFPC" means the Virginia Statewide Fire Prevention Code (13VAC5-51).

"Train the Trainer" means the DHCD training provided for code academy Code Academy instructors.

"TRB" means the Virginia State Building Code Technical Review Board established under § 36-108 of the Code of Virginia.

"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-62) (13VAC5-63).

"VADR" means the Virginia Amusement Device Regulations (13VAC5-31).

13VAC5-80-60. Application for accreditation.

A. Any Code Academy seeking a Certificate of Accreditation shall submit the information required by these standards, on forms provided by DHCD, 120 calendar days prior to the date for which approval is requested.

B. The operator shall reimburse DHCD for the cost of processing and monitoring the accreditation.

C. The following information shall be submitted as part of the application:

1. A budget documenting the financial resources available to equip, maintain, and operate the code academy Code Academy and proposed expenditures;

2. The educational and teaching qualifications of the operator and instructors;

3. The individual courses of instruction which that will be offered, and the purpose of such instructions, and an instruction schedule including proposed dates, times, and instructors. The course listing shall include state Code Academy courses required for certification and continuing education programs;

4. A listing of any equipment available to aid instruction in each field;

5. The maximum anticipated enrollment to be accommodated with the equipment available in each specified field, and the ratio of students to instructors, which shall not exceed 50 to 1 for lecture format courses, and 20 to 1 for interactive courses;

6. The locations where such instruction will take place; and

7. Any additional information that DHCD may deem necessary to carry out the provisions of this chapter.

D. Each application for a Certificate of Accreditation shall also include the following commitments:

1. Conduct the Code Academy in accordance with all standards and regulations promulgated by DHCD and BHCD;

2. Permit DHCD to inspect the Code Academy at any time, and to provide all information pertaining to the activities of the Code Academy or its financial condition as requested by DHCD;

3. The Use the levy retained under § 36-137 of the Code of Virginia shall not be used only for purposes other than directly relating to the operation of the Code Academy;

4. Conduct all state certification courses in accordance with DHCD content and delivery requirements;

5. In the event that the Code Academy should close, a list of enrolled students who have not completed their program of study, and the amount of the course which that they have completed, shall be submitted to DHCD;

5. 6. Maintain current, complete and accurate student records, including a record of all hours of work completed by each student.;

7. Submit quarterly activity reports on forms provided by DHCD. The reports shall include:

a. Training activities conducted during a quarter;

b. Expenditures for conducted training activities;

c. Expenditures for related activities; and

d. Anticipated adjustments to approved activities at the time of accreditation; and

8. Submit final activity and budget reports on forms provided by DHCD within 90 days prior to the end of the accreditation period. The reports shall include:

a. A training and activity report, including courses, programs, instructors, and student statistics;

b. A report detailing related activities;

c. A report on expenditures on all activities and purchases including revenue collected and any carryover balance; and

d. Summary of the accreditation year.

13VAC5-80-80. Renewal of certificate.

A. Every Code Academy shall apply for renewal of its Certificate of Accreditation no later than April 15 of each year, on forms provided by DHCD. The application for renewal following information shall include a current training schedule. be submitted as part of the renewal application:

1. Proposed state certification course and continuing education training schedule for accreditation for the renewal period, including a delivery schedule, instructors, target participants, site logistics, and proposed budget;

2. Proposed related activities such as, but not limited to, equipment and related training purchases, conferences, and outside training events;

3. Anticipated revenue for the operation of the academy; budget for all training activities, academy staffing, and related purchases; and anticipated carryover funds;

4. Any changes to the initially approved instructor list; and

5. The following commitments:

a. Conduct the Code Academy in accordance with all standards and regulations promulgated by DHCD and BHCD;

b. Permit DHCD to inspect the Code Academy at any time and provide all information pertaining to the activities of the Code Academy or its financial condition as requested by DHCD;

c. Use the levy retained under § 36-137 of the Code of Virginia only for purposes directly relating to the operation of the Code Academy;

d. Conduct all state certification courses in accordance with DHCD content and delivery requirements;

e. In the event that the Code Academy should close, submit to DHCD a list of enrolled students who have not completed their program of study and the amount of the course that they have completed; and

f. Maintain current, complete, and accurate student records, including a record of all hours of work completed by each student.

B. Every Certificate of Accreditation shall expire upon failure to obtain renewal by June 30 of each year.

13VAC5-80-90. Personnel qualifications.

A. Any director of the Code Academy shall demonstrate a working knowledge of USBC, VADR, and SFPC training-related technology and shall possess a minimum of two years of supervisory experience. Managerial experience and a college degree from an accredited college or university are preferred.

B. All instructors shall have knowledge and experience in the trade or profession in which the instructor teaches. Instructors teaching the state-required certification courses shall have DHCD-approved experience as an instructor or shall have successfully completed a "Train the Trainer" or DHCD-approved equivalent course and hold active DHCD instructor certification and active certifications in the discipline in which they are teaching.

C. DHCD shall be notified of any staff or instructor changes within the code academy Code Academy subsequent to receiving accreditation. Staff changes forwarded to DHCD shall include qualifications of the instructors.

13VAC5-80-120. Withdrawal Approval of initial application, withdrawal of course approval, and revocation, suspension, or refusal to renew a certificate of accreditation.

A. DHCD may deny an initial application; withdraw course approval,; or revoke, suspend, or refuse to renew, any code academy's Code Academy's Certificate of Accreditation for any of the following:

1. Violation of Violating any provision of this chapter;

2. Furnishing false, misleading, or incomplete information to DHCD, or failure to furnish information requested by DHCD within a reasonable time;

3. Presenting to a student any information that is false, misleading, or fraudulent;

4. Failure Failing to maintain the premises in a safe and sanitary condition as required by law, state regulation, or local ordinance;

5. Failing to maintain adequate financial resources to satisfactorily conduct the courses of instruction offered, or to retain an adequate, qualified staff.

B. DHCD shall notify the operator by certified mail 30 calendar days prior to the effective date of any withdrawal of course approval, or revocation of, suspension of, or refusal to renew a Certificate of Accreditation.

13VAC5-80-140. Records.

DHCD shall maintain records on all actions, findings, and recommendations concerning the initial application approval or denial, or approval of, revocation of, suspension of, or refusal to renew any Certificate of Accreditation. All records shall be available to the public, upon request.

FORMS (13VAC5-80)

DHCD Regional and Local Code Academy Accreditation Application Budget Detail (eff. 9/13)

DHCD Regional and Local Code Academy Accreditation Application Course/Conference Detail (eff. 9/13)

DHCD Regional and Local Code Academy Expense Summary Report (eff. 9/13)

DHCD Regional and Local Code Academy Annual Report Cover Sheet (undated)

DHCD Regional and Local Code Academy Annual Report (undated)

DHCD Regional and Local Code Academy Administrative Expense Report (eff. 9/13)

DHCD Regional and Local Code Academy Course Report (eff. 9/13)

DHCD Regional and Local Code Academy Monthly Expense Report (eff. 9/13)

DHCD Regional and Local Code Academy Revenue Report (eff. 9/13)

DHCD Regional and Local Code Academy Accreditation Projected Expense Summary (eff. 9/13)