13VAC5-91 Virginia Industrialized Building Safety Regulations

REGULATIONS

Vol. 29 Iss. 24 - July 29, 2013

TITLE 13. HOUSING

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Chapter 91

Proposed Regulation

REGISTRAR'S NOTICE: The Board of Housing and Community Development is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4006 A 12 of the Code of Virginia, which excludes regulations adopted pursuant to the Industrialized Building Safety Law (§ 36-70 et seq. of the Code of Virginia).

Title of Regulation: 13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-10, 13VAC5-91-20, 13VAC5-91-40, 13VAC5-91-60, 13VAC5-91-100, 13VAC5-91-115, 13VAC5-91-120, 13VAC5-91-140, 13VAC5-91-150, 13VAC5-91-160, 13VAC5-91-170, 13VAC5-91-180, 13VAC5-91-210, 13VAC5-91-220, 13VAC5-91-240, 13VAC5-91-260, 13VAC5-91-270; repealing 13VAC5-91-130).

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

Public Hearing Information:

September 23, 2013 - 10 a.m. - Virginia Housing Center, 4224 Cox Road, Glen Allen, VA

Public Comment Deadline: September 29, 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 [phone], TTY [phone], or email [e-mail].

Background: The Virginia Industrialized Building Safety Regulations (IBSR) govern the in-factory construction of industrialized buildings, 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. The model codes are produced by the International Code Council and, 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 newer editions of the model codes into the regulations through the publishing of a proposed regulation.

Summary:

The proposed amendments (i) conform the regulations to statutory provisions and updated industry standards; (ii) coordinate the application of the regulation with the other building code and fire code regulations of the board; (iii) revise the definition of compliance assurance agency (CAA) to allow the placement of CAAs labels on industrialized buildings in one location; (iv) add definitions for label, certification label, compliance assurance agency certification label, seal, registration seal, and Virginia registration seal to clarify the meaning of each label or seal; (v) change the name of the State Building Code Administrative Office to the State Building Codes Office (SBCO); (vi) revise the exemption for storage containers; (vii) clarify the right to appeal any administrator order; (viii) clarify that the building official can require the correction of any regulatory violation before the registered industrialized building may be occupied; (ix) delete the terms "defects" and "noncompliance," which are not defined by the adopted building codes; (x) clarify that a change in use of an industrialized building is subject to 13VAC-5-91; (xi) delete redundant provisions or provisions not required by law and revise or move provisions for consistency; (xii) require a compliance assurance agency to make application for acceptance by the SBCO; (xiii) clearly delineate the terms of approval of CAAs by the SBCO and define when approval of a CAA may be suspended or revoked; (xiv) clarify that CAA certification labels must be applied to a registered industrialized building prior to shipment of the building from the place of manufacture; (xv) clarify that CAA certification labels and SBCO certification seals may be applied either by the CAA or the manufacturer when authorized by the CAA; (xvi) require that registration seals must be purchased from the SBCO and decrease the cost of registration seals for building constructed as R-5 (residential) from $75 to $50 per module; and (xvii) allow a partial refund of a certification seal and a deduction from the refund of a processing fee of 25% of the refund due, not to exceed $250.

13VAC5-91-10. Definitions.

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

"Administrator" means the Director of DHCD or his designee.

"Approved" as applied to a material, device, method of construction, registered building, or as otherwise used in this chapter means approved by the administrator.

"Building official" means the officer or other designated authority charged with the administration and enforcement of the USBC, or duly authorized representative.

"Compliance assurance agency" means an architect or professional engineer registered in Virginia, or an organization, determined by DHCD to be specially qualified by reason of facilities, personnel, experience, and demonstrated reliability, to investigate, test and evaluate industrialized buildings; to list such buildings complying with standards at least equal to this chapter; to provide adequate follow-up services at the point of manufacture to ensure that production units are in full compliance; and to provide a label as evidence of compliance on each manufactured section or module.

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

"ICC" means the International Code Council, Inc.

"Industrialized building" means a combination of one or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. Manufactured homes defined in § 36-85.3 of the Code of Virginia and certified under the provisions of the National Manufactured Housing Construction and Safety Standards Act (42 USC § 5401 et seq.) shall not be considered industrialized buildings for the purpose of this law.

"Label," "certification label," or "compliance assurance agency certification label" means the label required by 13VAC5-91-210.

"Model" means a specific design of an industrialized building designated by the producer of the building including production buildings with variations and options that do not affect compliance with the standards governing structural, plumbing, mechanical, or electrical systems or any other items governed by this chapter.

"Registered" means an industrialized building which displays a registration seal issued by DHCD in accordance with this chapter.

"Seal," "registration seal," or "Virginia registration seal" means the seal required by 13VAC5-91-260.

"SBCAO" "SBCO" means the State Building Code Administrative Codes Office within DHCD.

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

"This law" means the Virginia Industrialized Building Safety Law as embraced in Chapter 4 (§ 36-70 et seq.) of Title 36 of the Code of Virginia.

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

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 or occupancy for such work.

D. Shipping Off-site manufactured intermodal freight containers and portable on demand storage (PODS), moving containers, and storage containers placed on site temporarily or permanently for use as a storage container are not subject to this chapter.

13VAC5-91-40. Inspection and enforcement by administrator.

A. The SBCAO SBCO is designated as the administrator's representative for the enforcement of this chapter and shall act as the building official for registered industrialized buildings. It shall have authority to make inspections during reasonable hours at the manufacturing facilities and at building sites where industrialized buildings are being installed. The SBCAO SBCO shall have authority to issue inspection reports for correction of violations caused by the manufacturer and to take such other actions as are required to enforce this chapter.

B. The SBCAO SBCO will maintain a list of approved compliance assurance agencies. Each manufacturer producing registered industrialized buildings will contract with one or more compliance assurance agencies for required evaluation, monitoring and inspection services. The contract will delineate the services to be provided by the compliance assurance agency. The compliance assurance agency will notify the SBCAO SBCO within 30 days of signing a new contract or terminating an existing contract with any manufacturer.

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 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.

13VAC5-91-100. Duties and responsibilities of building officials in the installation or erection of a registered industrialized building.

A. All building officials are authorized by § 36-81 of the Code of Virginia to enforce the provisions of this chapter and shall be responsible for and authorized to do the following:

1. Verify through inspection that the registered industrialized building displays the required state registration seal and the proper label of the compliance assurance agency.

2. Verify through inspection that the registered industrialized building has not been damaged in transit to a degree that would render it unsafe. If the building has been damaged, then the building official is authorized to require tests for tightness of plumbing systems and gas piping and an operational test to ensure that all luminaries and receptacles are operable.

3. Prevent the use or occupancy of a registered industrialized building that in the opinion of the building official contains a serious defect or imminent safety hazard and notify the SBCAO immediately. If warranted due to the nature of any violations discovered, the building official shall be permitted to require the correction of any violations of this chapter before occupancy of the registered industrialized building is permitted.

4. Notify the SBCAO SBCO of any apparent violations of this chapter to include defects and noncompliance.

B. In accordance with § 36-99 of the Code of Virginia and the USBC, all site work associated with the installation or erection of an industrialized building is subject to the USBC. In addition, under the USBC, all administrative requirements for permits, inspections, and certificates of occupancy are also applicable.

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

When the occupancy classification of a registered industrialized building is proposed to be changed, 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 the USBC 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 SBCAO SBCO.

13VAC5-91-120. Unregistered industrialized buildings.

A. 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. 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.

B. Unregistered industrialized buildings offered for sale in this Commonwealth shall be marked by a warning sign to prospective purchasers that the building is not registered in accordance with this chapter and must be inspected and approved by the building official. The sign shall be of a size and form approved by the administrator and shall be conspicuously posted on the exterior of the unit near the main entrance door. This requirement shall not apply to residential accessory buildings.

C. B. An existing unregistered industrialized building may be registered in accordance with one of the following:

1. Where an unregistered building was constructed under an industrialized building program of another state and approved under such program, a compliance assurance agency shall prepare a report based on review of the plans and specifications and inspection of the building to determine whether there is compliance with the construction requirements of this chapter that were in effect on the date of manufacture of the building. If compliance is determined, the compliance assurance agency shall (i) mark the building with a compliance assurance agency label in accordance with 13VAC5-91-210, (ii) place a new manufacturer's data plate on the building in accordance with 13VAC5-91-245, (iii) mark the building with a registration seal in accordance with 13VAC5-91-260, and (iv) forward a copy of the report and new data plate to the SBCAO SBCO.

2. Where an unregistered building was not approved under an industrialized building program of another state and the date of manufacture can be verified, the compliance assurance agency shall inspect the building, including any disassembly necessary, to determine whether there is compliance with the construction requirements of this chapter that were in effect on the date of manufacture of the building. When factory plans are available, then disassembly is not required to the extent that the factory plans can be verified to reflect the actual construction of the building. When compliance with the construction requirements of this chapter that were in effect on the date of manufacture of the building is achieved, the compliance assurance agency shall prepare a report documenting compliance, outlining any changes made to the building, and certifying the building in accordance with clauses (i) through (iv) of subdivision 1 of this subsection.

3. When the date of manufacture of the existing unregistered building cannot be verified, the building shall be evaluated for compliance with the codes and standards specified in 13VAC5-91-160. The compliance assurance agency shall inspect the building, including any disassembly necessary, to determine whether there is compliance with these construction requirements. If compliance is achieved, the compliance assurance agency shall prepare a report documenting compliance, outlining any changes made to the building, and certifying the building in accordance with clauses (i) through (iv) of subdivision 1 of this subsection.

13VAC5-91-130. Disposition of noncomplying building. (Repealed.)

When a building is found to be in violation of this chapter, the building official may require the violations to be corrected before occupancy of the building is permitted.

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

If the building is moved from the jurisdiction before the violations have been corrected, the building official shall make a prompt report of the circumstances to the SBCAO 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.

13VAC5-91-150. When modification may be granted.

A. The administrator shall have the power upon request in specific cases to authorize modification of this chapter so as to permit certain specified alternatives where the objectives of this law can still be fulfilled. Such request shall be in writing and shall be accompanied by the plans, specifications and other information necessary for an adequate evaluation of the modification requested.

B. Before a modification is authorized, the building official may be afforded an opportunity to present his views and recommendations.

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

A. Industrialized buildings produced after the effective date of the 2009 2012 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 90 days one year after the effective date of the 2009 2012 edition of this chapter:

1. ICC International Building Code - 2006 2009 Edition

2. ICC International Plumbing Code - 2006 2009 Edition

3. ICC International Mechanical Code - 2006 2009 Edition

4. National Fire Protection Association Standard Number 70 (National Electrical Code) - 2005 2008 Edition

5. ICC International Fuel Gas Code - 2009 Edition

6. ICC International Energy Conservation Code - 2009 Edition

5. 7. ICC International Residential Code - 2006 2009 Edition

B. The following documents are adopted and incorporated by reference to be an enforceable part 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 Electrical Code - 2008 2011 Edition

5. ICC International Fuel Gas Code - 2012 Edition

6. ICC International Energy Conservation Code - 2012 Edition

5. 7. ICC International Residential Code - 2009 2012 Edition

Note: As the 2009 2012 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 2009 2012 edition of the Virginia Industrialized Building Safety Regulations or the 2009 2012 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

13VAC5-91-170. 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 are deleted and replaced by the procedural, administrative and enforcement provisions of this chapter and the applicable provisions of Chapter 1 of the USBC.

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

13VAC5-91-180. Compliance assurance agencies.

A. Application may shall be made to the SBCAO 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 SBCAO 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.

13VAC5-91-210. Compliance assurance agency certification label.

Every manufactured section or module of a registered A. Registered industrialized building buildings shall be marked with a label certification labels supplied by the compliance assurance agency that includes the name and address of the compliance assurance agency and the numbers of the certification label number labels. The labels shall be applied to registered industrialized buildings intended for sale or use in Virginia and shall be applied prior to the shipment of the building from the place of manufacture. The labels shall be applied by the compliance assurance agency or by the manufacturer when so authorized by the compliance assurance agency.

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

13VAC5-91-220. Mounting of compliance assurance agency certification label.

To the extent practicable, the certification label shall be installed so that it cannot be removed without destroying it. The label 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 registration seal. When a building is comprised of more than one section or module, the required label may be furnished as a single label for the entire building provided each section or module is marked by the compliance assurance agency in a clearly identifiable manner provided with or on the label.

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

The labels shall be under direct control of the compliance assurance agency until applied by the manufacturer to buildings that comply fully with this chapter. 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 SBCAO SBCO. The seals shall be applied by the manufacturer 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 may shall be purchased from the SBCAO 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 SBCAO SBCO before the seals can be sent to the user.

D. To the extent practicable, the registration seal shall be installed so that it cannot be removed without destroying it. 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 applied by the compliance assurance agency.

E. The compliance assurance agency or the manufacturer under the supervision of the compliance assurance agency shall maintain permanent records of the disposition of all Virginia registration seals obtained by the compliance assurance agency or manufacturer.

F. Refunds of seals shall be in accordance with § 36-85.1 of the Code of Virginia. 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.

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 -- 2006 and 2009 and 2012 Editions, International Code Council

ICC International Mechanical Code -- 2006 and 2009 and 2012 Editions, International Code Council

National Fire Protection Association Standard Number 70 (National Electrical Code) -- 2005 and 2008 Editions

ICC International Building Code -- 2006 and 2009 and 2012 Editions, International Code Council

ICC International Residential Code -- 2006 and 2009 and 2012 Editions, International Code Council

ICC International Fuel Gas Code -- 2009 and 2012 Editions

ICC International Energy Conservation Code -- 2009 and 2012 Editions

NFPA 70, National Electrical Code -- 2008 and 2011 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/)

VA.R. Doc. No. R12-3162; Filed June 27, 2013, 9:55 a.m.