Chapter 15.10
BUILDING CODE
Sections:
Article I. Generally
15.10.040 Liability for expenses incurred by city in connection with code violations.
15.10.050 Board of building code appeals.
15.10.060 Electrical review board.
15.10.070 Plumbing and mechanical review board.
15.10.090 Exemptions from permit requirements.
15.10.100 Bond as prerequisite to issuance of permit to erect, install, etc., sign.
Article II. Permit Fees
15.10.110 Payment prerequisite to issuance or amendment of permit.
Article I. Generally
15.10.010 Adopted.
The Virginia Uniform Statewide Building Code as adopted and as amended from time to time by the State Board of Housing and Community Development, of which not less than three copies are filed and maintained up-to-date in the office of the clerk of the council, is hereby adopted and incorporated herein as fully as if set forth at length herein and the provisions thereof shall be controlling in the construction and maintenance of buildings and structures within the area of jurisdiction of the city. (Code 1964, § 8-1; Ord. 1-14-82; Code 1985, § 9-14; Ord. 9-25-86; Ord. 6-25-91; Ord. 12-11-97).
Charter reference – Authority of council to provide a building code for city, § 11(18).
State law reference – Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.
15.10.020 Interpretation.
The following rules of interpretation shall apply to the building code adopted in this chapter:
(1) References to the municipality shall mean the city of Staunton, Virginia.
(2) Where reference is made to the chief appointing authority, it shall mean the city manager.
(3) Where reference is made to the board of appeals described in Section 118.0 of such building code, it shall mean the board of building code appeals established by SCC 15.10.050. (Code 1964, § 8-1; Ord. 1-14-82; Code 1985, § 9-15).
15.10.030 Enforcement.
The building official (code official) shall enforce all the provisions of and shall have all the powers as set forth in the Virginia Uniform Statewide Building Code as adopted and amended herein before set forth. (Code 1964, § 8-5; Code 1985, § 9-16; Ord. 9-25-86, § 2; Ord. 12-11-97).
State law reference – Local enforcement of Uniform Statewide Building Code, Code of Virginia, § 36-105.
15.10.040 Liability for expenses incurred by city in connection with code violations.
In addition to any penalty that may be imposed for a violation of the building code adopted by SCC 15.10.010, the person convicted of such violation shall pay all costs and expenses, with legal interest thereon, incurred by the city in connection with such violation. (Code 1964, § 8-53; Code 1985, § 9-17).
15.10.050 Board of building code appeals.
(1) There is hereby established a board, to be called the board of building code appeals, in lieu of the board of appeals as set forth in Section 118.0 of Volume 1, New Construction Code and Section 107.0 of Volume 11, Building Maintenance Code of the Virginia Uniform Statewide Building Code.
(2) The board of building code appeals shall consist of five members. Such board shall be composed of one architect, one general contractor or engineer and three members at large from the building industry. The board shall be appointed by the city council, which shall set such qualifications and terms for service on the board as it shall deem appropriate.
(3) All hearings of the board of building code appeals shall be public and the appellant, his representative, the building official, the code official and any other person whose interest may be affected by the matter on appeal shall be given the opportunity to be heard. The board shall conduct its meetings in accordance with the provisions of the Virginia Uniform Statewide Building Code and may, in addition, establish rules and regulations for its own procedure not inconsistent with the provisions of such code. (Code 1964, §§ 8-6, 8-7; Code 1985, § 9-18; Ord. 9-25-86, § 3).
Cross reference – Appeal to board of building code appeals from denial of special permit to construct business or industrial structure requiring driveway from public street, SCC 12.20.040.
State law reference – Local board of building code appeals, Code of Virginia, § 36-105.
15.10.060 Electrical review board.
(1) There shall be an electrical review board consisting, insofar as feasible, of one member from the local power company, one master electrician, one journeyman electrician and two freeholders. The members of the board shall be appointed by the city council for five-year terms. The terms of the present members shall continue for the duration of their present appointments or until their successors have been appointed. The electrical inspector shall serve as secretary to the board, but he shall have no vote.
(2) The electrical review board shall elect its own chairman.
(3) The electrical review board shall have all the powers and be subject to all the restrictions provided by state law and city ordinances, but nothing contained herein shall be construed to limit the authority or powers of the building official. It shall meet at such times as are fixed by the board.
(4) Whenever the electrical inspector shall reject or refuse to approve the mode or manner of electrical installation proposed to be followed or materials to be used in the installation or alteration of an electrical installation, or when it is claimed that the provisions of appropriate regulations and ordinances do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such regulations and ordinances have been misconstrued or wrongly interpreted, the owner of such structure or his duly authorized agent may request the building official to refer the decision of the electrical inspector to the electrical review board. Such request shall be filed with the building official within 30 days after the decision of the electrical inspector is rendered. The electrical review board shall set the time of the hearing, which shall not be later than 14 days after the date of the referral from the building official. The electrical review board shall recommend to the building official a proposed decision. (Code 1964, § 8-23; Code 1985, § 9-19).
Cross reference – Appeal to electrical review board from decisions of fire chief or building official concerning fire warning systems, SCC 8.15.010.
15.10.070 Plumbing and mechanical review board.
(1) There shall be a plumbing and mechanical review board consisting, insofar as feasible, of one member from the local gas company, one master plumber, one master heat and gas tradesman and two freeholders. The members of the board shall be appointed by city council for five-year terms. The terms of the present members shall continue for the duration of their present appointments or until their successors have been appointed. The plumbing inspector shall serve as secretary to the board, but he shall have no vote.
(2) The plumbing and mechanical review board shall elect its own chairman.
(3) The plumbing and mechanical review board shall have all the powers and be subject to all the restrictions provided by state law and city ordinances, but nothing contained herein shall be construed to limit the authority or powers of the building official. It shall meet at such times as are fixed by the board.
(4) Whenever the plumbing inspector shall reject or refuse to approve the mode or manner of plumbing and mechanical installation proposed to be followed or materials to be used in the installation or alteration of a plumbing or mechanical installation, or when it is claimed that the provisions of appropriate regulations and ordinances do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of the regulations and ordinances have been misconstrued or wrongly interpreted, the owner of such structure or his duly authorized agent may request the building official to refer the decision of the plumbing inspector to the plumbing and mechanical review board. Such request shall be filed with the building official within 30 days after the decision of the plumbing inspector is rendered. The plumbing and mechanical review board shall set the time of the hearing, which shall not be later than 14 days after the date of the referral from the building official. The plumbing and mechanical review board shall recommend to the building official a proposed decision. (Code 1964, § 8-43; Code 1985, § 9-20).
15.10.080 Fire limits.
(1) There shall be and there is hereby established a fire district known as the fire limits. The center line of the streets named shall form the boundary line of the fire limits. The fire limits shall include all the territory situated, lying and being within the following described boundaries: beginning at Lewis and Baldwin Streets; east on Baldwin to Augusta Street; south on Augusta to Frederick Street; east on Frederick to Market Street; south on Market to Greenville Avenue; east on Greenville to the C&O Railroad; west along the C&O Railroad to Lewis Street; north on Lewis to the point of beginning.
(2) All areas not included in the fire limits shall be designated as outside fire limits. (Code 1964, § 8-44; Code 1985, § 9-21).
15.10.090 Exemptions from permit requirements.
Except as otherwise required by ordinances of the city, no permit under the Virginia Uniform Statewide Building Code shall be required for the following:
(1) The moving of any building 150 square feet or less in size, if the building is not connected to public utilities or will not be connected to public utilities at its new location.
(2) The demolition of any building which is less than 300 square feet in size, unless it is or has been connected to public utilities.
(3) The erection, installation, alteration or replacement of a sign, if the cost is $100.00 or less, unless the sign is illuminated; provided, however, that nothing herein shall be construed to relieve a person erecting, installing, altering or replacing a sign from meeting the requirements of the zoning ordinance of the city. (Code 1964, §§ 8-10 – 8-12; Code 1985, § 9-22; Ord. 2-27-97).
Cross references – Special permit for construction of business or industrial structure requiring driveway from public street, SCC 12.20.020 et seq.; zoning, Title 18.
15.10.100 Bond as prerequisite to issuance of permit to erect, install, etc., sign.
No person shall erect, install, remove or change any sign for which a permit is required under the provisions of the Virginia Uniform Statewide Building Code until an approved bond has been filed in such sum as is prescribed by the city and the Virginia Uniform Statewide Building Code. Such bond shall be conditioned on the construction, erection and maintenance of the sign in accordance with the provisions of this code and such building code and shall protect and save the city harmless from any and all claims or demands for damages by reason of any negligence of the sign hanger or contractor or his agents, or by reason of defects in the construction, or damages resulting from the collapse or failure of the sign or part thereof. (Code 1964, § 8-12; Code 1985, § 9-23).
Article II. Permit Fees
15.10.110 Payment prerequisite to issuance or amendment of permit.
No permit required by the Virginia Uniform Statewide Building Code to begin work for new construction, alteration, removal, demolition or other building operation shall be issued until the fees prescribed in this article have been paid to the department of building inspection or other authorized municipal agency, nor shall an amendment be made to such a permit necessitating an additional fee, because of an increase in the estimated cost of the work involved, be approved until the additional fee has been paid. (Code 1964, § 8-8; Code 1985, § 9-29; Ord. 6-26-90).
State law reference – Authority of city to levy fees to defray cost of enforcement of building code, Code of Virginia, § 36-105.
15.10.120 Permit fees.
(1) The fees for building permits shall be as follows:
(a) Building Permit Fees.
|
New residential building and residential additions |
$0.18 per square foot of area $75.00 minimum |
|
Residential alterations permits |
$0.18 per square foot of area $75.00 minimum |
|
Residential accessory building |
$75.00 |
|
Residential swimming pool |
$100.00 |
|
New commercial building and commercial additions |
$0.22 per square foot to 5,000 square feet, then $0.12 per square foot, $95.00 minimum |
|
Commercial alteration or interior up-fit of a shell building |
$0.18 per square foot $95.00 minimum |
|
New multifamily building |
$0.22 per square foot $95.00 minimum |
|
Commercial shell building |
$0.18 per square foot $95.00 minimum |
|
Commercial swimming pool |
$200.00 |
|
Tents over 900 square feet |
$100.00 per tent |
|
Elevator installation permits |
$150.00 per car |
|
Sign permits |
$95.00 per sign |
Note: Square footage shall be measured by the outside dimensions of the structure and shall include all heated and unheated space excluding crawl spaces and unfinishable attics.
(b) Subtrade Permit Fees.
|
New residential and residential additions mechanical, plumbing, electrical or gas permits |
$90.00 |
|
Residential mechanical w/gas or plumbing w/gas |
$150.00 |
|
Residential alterations |
$90.00 |
|
Residential repair including water or sewer line replacement or service change |
$90.00 |
|
Residential outside gas line and tank |
$125.00 |
|
Residential inside gas line |
$90.00 |
|
Residential gas combo tank, outside line, and inside line |
$150.00 |
|
New commercial and commercial additions mechanical, plumbing, electrical, or gas permits |
$0.08 per square foot $95.00 minimum |
|
Commercial alteration mechanical, plumbing, electrical, gas, re-roof or sprinkler permits |
$0.05 per square foot $95.00 minimum |
|
Commercial hood or hood suppression |
$150.00 per hood |
|
New multifamily buildings |
$0.08 per square foot $95.00/apt. minimum |
|
Fire suppression systems (sprinkler systems) |
$0.08 per square foot $150.00 minimum |
|
Fire alarm system installation |
$250.00 |
|
Water line, sewer line each |
$95.00 |
|
Fire main |
$125.00 |
|
Storage tank installations |
$200.00 per tank |
|
Electrical for signs |
$75.00 |
(c) Miscellaneous Fees.
|
Move building over 150 square feet |
$95.00 |
|
Demolition of building over 150 square feet |
$95.00 |
|
Plan review prior to permit application |
$200.00 |
|
Plan review for revisions or changes to plans |
$100.00 |
|
Residential temporary certificate of occupancy |
$100.00 for 60 days |
|
Commercial temporary certificate of occupancy |
$250.00 for 60 days |
|
Certificate of occupancy for existing buildings |
$95.00 |
|
Reinspection fee |
$50.00 |
|
Modification request application fee |
$200.00 |
|
Amusement devices |
$100.00 per ride |
|
Miscellaneous permits for which no fee appears in these tables will be determined by the building official at a rate of |
$75.00 per inspection required |
(d) Refunds and Renewals.
|
Refunds – No work commenced |
|
|
|
75 percent of the fee paid in excess of the minimum fee |
|
Refunds – Work commenced |
|
|
|
Greater than 50 percent complete – No refund |
|
|
50 percent or less completed – 50 percent of the fee paid in excess of the minimum fee |
|
Permit renewal |
|
|
|
$25.00 per each permit |
(2) Projects on property owned and operated by the city of Staunton, Virginia, or the school board of the city of Staunton, Virginia, shall be exempt from such building permit fees.
(3) Single-family residential projects which meet all of the following criteria may also be considered for exemption from building permit fees; however, organizations must submit a request for exemption from building permit fees which will then be considered by Staunton city council on a case-by-case basis using these criteria:
(a) The project is on property in the city of Staunton, is owned by the organization, and the organization has a 501(c)(3) exemption recognized by the Internal Revenue Service;
(b) The project provides home ownership to residents within the city of Staunton, classified as low- and moderate-income individuals, as defined by current HUD Section 8 income standards; and
(c) The organization administering the program requires the homeowner(s) to contribute a minimum of 200 hours in the construction of the subject single-family residence or being constructed by the organization for others. (Ord. 2018-23; Ord. 2007-11; Ord. 2005-10. Code 1964, § 8-9; Code 1985, § 9-30; Ord. 6-28-90).
15.10.130 Permit to move building.
Repealed by Ord. 2005-10. (Code 1964, § 8-10; Code 1985, § 9-31; Ord. 6-28-90).
15.10.140 Demolition permits.
Repealed by Ord. 2005-10. (Code 1964, § 8-10; Code 1985, § 9-32; Ord. 6-28-90).
15.10.150 Sign permits.
Repealed by Ord. 2005-10. (Code 1985, § 9-33).
15.10.160 Permits for electrical work.
Repealed by Ord. 2005-10. (Code 1964, § 8-13; Code 1985, § 9-34; Ord. 6-28-90).
15.10.170 Permits for plumbing and mechanical work.
Repealed by Ord. 2005-10. (Code 1964, § 8-14; Code 1985, § 9-35; Ord. 6-28-90; Ord. 4-27-00).