Title of Regulation: 13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-160, 13VAC5-91-180, 13VAC5-91-200, 13VAC5-91-240, 13VAC5-91-260, 13VAC5-91-270).

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

Public Hearing Information:

May 15, 2017 - 10 a.m. - Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060

Public Comment Deadline: April 21, 2017.

Agency Contact: Elizabeth O. Rafferty, Policy and Legislative Director, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7011, FAX (804) 371-7090, TTY (804) 371-7089, or email elizabeth.rafferty@dhcd.virginia.gov.

Background: The Virginia Industrialized Building Safety Regulations (IBSR) governs the in-factory construction of industrialized buildings, which are also known as modular buildings. The regulations provide 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 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 affected client groups 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 to develop consensus recommendations, when possible, concerning submitted proposals. 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 board holds a series of meetings to consider each proposal, and the approved proposals are incorporated into the proposed regulation. After publication of the proposed regulation, the board establishes a comment period for the acceptance of comments on amendments reflected in the proposed regulation, and an additional public hearing is held. The board then meets to consider proposals and public comments and develops a final regulation to complete the regulatory process.

Summary:

The proposed amendments to the IBSR are as follows:

13VAC5-91-160: Update the referenced model codes and standards to the most recent editions available.

13VAC5-91-180: Remove a re-approval provision for compliance assurance agencies that do the inspection and approval of construction of industrialized buildings in the plants. Added in the last update of the regulation, this requirement has proven to be burdensome and unnecessary. The department, which administers the regulation, already has the authority in other provisions of these subsections to review compliance assurance agencies for continued compliance with all requirements applicable to compliance assurance agencies and may revoke or suspend approvals if warranted.

13VAC5-91-200: Delete language authorizing the department's administrator to consider whether the services provided by compliance assurance agencies have been accepted by other jurisdictions. The phase "and by other jurisdictions" is unclear since this is a state-administered program.

13VAC5-91-240: Add language to permit a manufacturer to apply an approval label on an industrialized building when authorized to do so by a compliance assurance agency. The manufacturers and compliance assurance agencies may work together to assure whatever process works best for them may be used. The administrator has the authority to monitor the activities of both the manufacturers and compliance assurance agencies and audit records to assure that labels are not inappropriately handled.

13VAC5-91-260 E: Add language addressing the refunding of fees for unused registration seals to clarify the process.

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

A. Industrialized buildings produced entering the production assembly line after the effective date of the 2012 2015 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 one year industrialized buildings entering the assembly line during a one-year period after the effective date of the 2012 2015 edition of this chapter:

1. ICC International Building Code - 2009 2012 Edition

2. ICC International Plumbing Code - 2009 2012 Edition

3. ICC International Mechanical Code - 2009 2012 Edition

4. National Fire Protection Association Standard Number 70 (National Electrical Code) - 2008 2011 Edition

5. ICC International Fuel Gas Code - 2009 2012 Edition

6. ICC International Energy Conservation Code - 2009 2012 Edition

7. ICC International Residential Code - 2009 2012 Edition

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

1. ICC International Building Code - 2012 2015 Edition

2. ICC International Plumbing Code - 2012 2015 Edition

3. ICC International Mechanical Code - 2012 2015 Edition

4. National Electrical Code - 2011 2014 Edition

5. ICC International Fuel Gas Code - 2012 2015 Edition

6. ICC International Energy Conservation Code - 2012 2015 Edition

7. ICC International Residential Code - 2012 2015 Edition

Note: As the 2012 2015 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 2012 2015 edition of the Virginia Industrialized Building Safety Regulations or the 2012 2015 edition of this chapter.

The codes and standards referenced above may be procured from:

International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor Washington, DC 20001-2070

13VAC5-91-180. Compliance assurance agencies.

A. Application shall be made to the SBCO for acceptance as a compliance assurance agency. Application shall be made under oath and shall be accompanied by information and evidence that is adequate for the SBCO to determine whether the applicant is specially qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate industrialized buildings for compliance with this chapter, and to provide adequate follow-up and compliance assurance services at the point of manufacture.

B. Following a determination by the SBCO that an application is complete, the information contained in the application and any other information deemed necessary by the SBCO will be reviewed for approval or disapproval. If the application is approved, the applicant will be notified with an approval letter for a two-year period from the date of the approval letter. If the application is disapproved, the applicant will be notified in writing of the reasons for the disapproval. The applicant may then resubmit the application within 30 days of the receipt of the notification of disapproval for reconsideration of approval.

C. Compliance assurance agencies that are already approved by the SBCO at the time of the effective date of this provision shall have 90 days from the effective date of this provision to apply for reapproval in accordance with subsections A and B of this section. Such agencies shall continue to be approved while the SBCO evaluates the reapplication. Compliance assurance agencies receiving an approval letter from the SBCO after the effective date of this provision shall apply for reapproval within 90 days prior to the expiration of the two-year approval period if continued approval as a compliance assurance agency is desired.

D. The SBCO may suspend or revoke the approval of a compliance assurance agency upon a determination that (i) approval or reapproval was based upon fraudulent or inaccurate information, (ii) a change in facts or circumstances renders the agency incapable of meeting its duties and responsibilities as a compliance assurance agency in a satisfactory manner, or (iii) the agency failed to discharge its duties and responsibilities as a compliance assurance agency in a satisfactory manner. In such cases, the SBCO will issue a suspension or revocation notice to the agency outlining the reasons for the actions and the terms, if any, for reinstatement.

13VAC5-91-200. Information required by the administrator.

All of the following information and criteria will be considered by the administrator in designating initial approval and re-approval of compliance assurance agencies:

1. Names of officers and location of offices.

2. Specification and description of services proposed to be furnished under this chapter.

3. Description of qualifications of personnel and their responsibilities, including an assurance that personnel involved in system analysis, design and plans review, and compliance assurance inspections, and their supervisors comply with the requirements of the American Society for Testing and Material (ASTM) Standard Number E541-08 - Standard Specification for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building or shall obtain ICC or DHCD certifications in the appropriate subject area within 18 months of employment and maintain such certifications in an active status.

4. Summary of experience within the organization.

5. General description of procedures and facilities to be used in proposed services, including evaluation of the model, factory follow-up, quality assurance, labeling of production buildings, and specific information to be furnished on or with labels.

6. Procedures to deal with any defective buildings resulting from oversight.

7. Acceptance of these services by independent accrediting organizations and by other jurisdictions.

8. Proof of independence and absence of conflict of interest.

The ASTM Standard Number E541-08 may be procured from:

American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428-2959

13VAC5-91-240. Control of compliance assurance agency certification label.

The labels shall be under direct control of the compliance assurance agency until and shall be applied by the manufacturer to buildings that comply fully with this chapter. The labels shall be applied by the compliance assurance agency or by the manufacturer when authorized to do so by the compliance assurance agency. The manufacturer shall place its order for labels with the compliance assurance agency. The manufacturer is not permitted to acquire labels from any other source. Each compliance assurance agency shall keep a list of the serial numbers of labels issued to each manufacturer's plant in such manner that a copy of the record can be submitted to the administrator upon request.

13VAC5-91-260. Registration seal for industrialized buildings.

A. Registered industrialized buildings shall be marked with approved registration seals issued by the SBCO. The seals shall be applied to a registered industrialized building intended for sale or use in Virginia prior to the shipment of the building from the place of manufacture. The seals shall be applied by the compliance assurance agency or by the manufacturer when authorized to do so by the compliance assurance agency.

B. Registered industrialized buildings shall bear one registration seal on each manufactured section or module, or, as an alternative, the registration seal for each manufactured section or module may be placed in one location in the completed building.

C. Approved registration seals shall be purchased by the compliance assurance agency from the SBCO in advance of use. The fee for each registration seal shall be $75, except that the fee for each registration seal for buildings constructed as Group R-5 under Part I of the USBC shall be $50. Fees shall be submitted by checks made payable to "Treasurer of Virginia" or shall be submitted by electronic means. Payment for the seals must be received by the SBCO before the seals can be sent to the user. The compliance assurance agency shall maintain permanent records of seals purchased, including a record of any manufacturers receiving such seals.

D. To the extent practicable, the registration seal shall be installed so that it cannot be removed without destroying it. The seal shall be applied in the vicinity of the electrical distribution panel or in another location that is readily accessible for inspection and shall be installed near the certification label.

E. Refunds of seals shall be in In accordance with § 36-85.1 of the Code of Virginia, any person or corporation having paid the fee for an approved registration seal that it will not use may, unless and except as otherwise specifically provided, within one year from the date of the payment of any such fee, apply to the administrator for a refund, in whole or in part, of the fee paid; provided that no payment shall be recovered unless the approved registration seal is returned unused and in good condition to the administrator. An Additionally, as a requirement of this chapter, an administrative and processing fee of 25% of the amount of the refund due shall be deducted from the refund; however, such deduction shall not exceed $250.

13VAC5-91-270. Manufacturer's installation instructions and responsibilities of installers.

A. The manufacturer of each industrialized building shall provide specifications or instructions, or both, with each building for handling, installing, or erecting the building. Such instructions may be included as part of the label from the compliance assurance agency or may be furnished separately by the manufacturer of the building. The manufacturer shall not be required to provide the foundation and anchoring equipment for the industrialized building.

B. Persons or firms installing or erecting registered industrialized buildings shall install or erect the building in accordance with the manufacturer's instructions.

C. Where the installation or erection of an industrialized building utilizes components that are to be concealed, the installer shall notify and obtain approval from the building official prior to concealment of such components unless the building official has agreed to an alternative method of verification.

Note: The Virginia Department of Professional and Occupational Regulation's Board for Contractors requires licenses for certain activities related to the industrialized building industry. For more information, contact the Board for Contractors at 9960 Mayland Drive, Suite 400, Richmond, VA 23233; (804) 367-8511.

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 -- 2009 and 2012 and 2015 Editions

ICC International Mechanical Code -- 2009 and 2012 and 2015 Editions

ICC International Building Code -- 2009 and 2012 and 2015 Editions

ICC International Residential Code -- 2009 and 2012 and 2015 Editions

ICC International Fuel Gas Code -- 2009 and 2012 and 2015 Editions

ICC International Energy Conservation Code -- 2009 and 2012 and 2015 Editions

NFPA 70, National Electrical Code -- 2008 and 2011 and 2014 Editions, National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471 (http://www.nfpa.org/)

ASTM Standard Number E541-08 -- 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/)