Virginia’s Fire Safety and Prevention Codes

When buildings or structures, except exempt structures such as farm structures, are constructed in Virginia and when work is done on existing buildings and structures, the Virginia Uniform Statewide Building Code (USBC) ensures that a minimum level of safety is achieved. After the work is completed, the Virginia Statewide Fire Prevention Code (SFPC) ensures that the level of safety in those buildings and structures is maintained. The USBC regulates construction-related aspects of fire safety and the SFPC regulates certain maintenance and operational related aspects of fire safety in existing buildings and outdoors. Both regulations incorporate provisions of the International Fire Code (IFC), a national model code that contains a comprehensive set of fire safety regulations that was developed to be used as a stand-alone code in jurisdictions that do not have a building code, or to be used in conjunction with the International Building Code (IBC) in localities that utilize the IBC as their model building code. The IFC also contains fire prevention regulations related to operations and the maintenance of buildings, structures, and systems, that can be referenced in jurisdictions that have a fire prevention code.

In Virginia, the IBC is incorporated as part of the USBC for construction. The IBC references the IFC for requirements related to hazardous materials, spray finishing, high-piled combustible storage, tents, and several other items. Each time the IFC is referenced, those provisions of the IFC are incorporated as an enforceable part of the IBC, and since the IBC is incorporated as part of the USBC, those referenced provisions of the IFC are incorporated as part of the USBC. When enforcing the USBC, it is important to remember that any references to the IFC are just that, and are not a reference to the SFPC.

The SFPC in Virginia is applicable to certain operations and to the maintenance of buildings and structures after a certificate of occupancy is issued or the work regulated by the USBC is completed and approved. It also includes some regulations specific to items that are not regulated by the USBC, such as food trucks. The SFPC incorporates those portions of the IFC, not incorporated by the USBC, that are related only to operations and the maintenance of buildings, structures, equipment, activities, and systems. The administrative provisions of the SFPC state that any provisions of the model codes that relate to the scope of enforcement of the code are deleted and replaced by the administrative provisions of the SFPC. Since the scope of the SFPC does not include the design, construction or installation of buildings, structures, systems, equipment or fire protection systems, those provisions are not incorporated as part of the SFPC.

The Virginia SFPC was edited during the 2015 code update cycle to remove references to construction requirements brought in from the IFC, in an effort to eliminate confusion over what is enforceable in the SFPC and what is not.

Local governments in Virginia are required to enforce the USBC. Enforcement of the SFPC is at the option of the local governments. The State Fire Marshal’s Office has the authority to enforce the SFPC in those localities in which there is no local SFPC enforcement.

The USBC and SFPC contain enforcement procedures that must be used by the enforcing agency as well as provisions for administrative appeals to resolve disagreements that may occur between the enforcing agencies and an aggrieved party.

Submitted by the Virginia Department of Housing and Community Development

Virginia Code Changes Scheduled for September

by Kenney Payne, AIA

Every three years or so, Virginia goes through a new code change cycle – and the time is nigh when the 2015 USBC edition will go into effect – currently scheduled for Sept. 4, 2018.  AIA Virginia was instrumental in shepherding a number of proposed code changes that we authored or supported – that were approved – and a number of proposed changes that we did not support – that were disapproved.

Below is a summary of the more significant code changes that AIA Virginia submitted and were approved

Virginia Construction Code (VCC) which utilizes the International Building Code (IBC) as its model:

  • Streamlined provisions related to existing buildings:  One section replaces five sections and ALL existing buildings and structures shall start in the VEBC, including R-5 (but the option to use the IBC/IRC remains).
  • Small buildings and spaces are now “permitted” to be classified as the main occupancy rather than be required to classify them as a ‘B’: This may help with avoiding mixed occupancies and/or reduce the amount of required plumbing fixtures.
  • There’s a new option for addressing higher education laboratories: If you wanted to avoid an ‘H’ occupancy, you were required to utilize “control areas.”  However, they were very limiting (especially for higher stories).  Now, there is an option to use “lab suites” to achieve a greater number of labs as well as greater quantities on higher stories.
  • Roof-supporting structural penetrations are now allowed into stairway and exit passageway enclosures if they meet certain criteria (no more than 2-stories, fully sprinkled, other than Group H).
  • Moved all reroofing and roof repairs to the VEBC.
  • All one-story buildings are exempt from the NFPA 285 test requirements if the exterior wall covering is noncombustible.

Virginia Existing Building Code (VEBC) which utilizes the International Existing Building Code (IEBC) as its model:

  • The entire VEBC was reformatted to accomplish a code that hopefully will be easier to: understand, apply, interpret, review, and enforce.  The major changes include:
    1. Deleted the “compliance methods.”
    2. Simplified the “work area” definition by deleting the term “reconfigured spaces” and essentially involves walls – removing, moving, or adding – walls would be a work area.  We also expanded what is not included in a work area.
    3. Consolidated a lot of provisions.  Did you know “accessibility” was in eight chapters and sixteen sections?  It is now in one chapter (new Chapter 4) and four sections.
    4. We simplified the old Chapter 10 – Change of Occupancy (is now Chapter 7) and allows an alternative to compliance with Chapter 7 – which was the old “Performance Compliance Method.”
    5. Deleted unenforceable provisions throughout, including those involving: IFC, unsafe or dangerous conditions, and “subject to the approval of the code official.”
    6. As a result, we deleted three chapters (14 in lieu of 17).
    7. Any reference to the iCodes in the VEBC mean the iCodes with the Virginia amendments.
    8. All classifications of work must now be identified on the construction documents (not just the work area) – there is an exception.
    9. Revised the definition of “Change of occupancy” and “existing building.”
    10. Consolidated the following into Chapter 3 – which applies to all work (rather than having multiple locations for the same provision): building materials and elements, fire escapes, seismic forces, glass replacement, and new provisions for higher education labs and reroofing.
    11. All “repair” requirements were consolidated into one chapter (in lieu of three).
    12. All “alteration” requirements were consolidated into one chapter(in lieu of five).  We still have three levels, but rather than each being there own chapter, they are now each their own section.
    13. An exception was added to the IECC requirements allowing “like” materials and thicknesses when replacing existing materials in the building’s exterior building envelope (e.g., walls and roofs).
    14. Group R-5 was added to the hazard category tables in the Change of Occupancy chapter.
    15. All “addition” requirements were consolidated into one chapter (in lieu of three).
    16. All “historic building” requirements were consolidated into one chapter (in lieu of three).
    17. All “moved building” requirements were consolidated into one chapter (in lieu of three).
  • Remember the VEBC mantras – “incentivize, don’t penalize” and “it is as safe or safer today than it was yesterday.”

Learn more about the entire 2015 VEBC and the 2015 VEBC significant changes at Architecture Exchange East this Nov. 7-9.

Virginia Code Changes Scheduled for September

by Kenney Payne, AIA

Every three years or so, Virginia goes through a new code change cycle – and the time is nigh when the 2015 USBC edition will go into effect – currently scheduled for Sept. 4, 2018.  AIA Virginia was instrumental in shepherding a number of proposed code changes that we authored or supported – that were approved – and a number of proposed changes that we did not support – that were disapproved.

Below is a summary of the more significant code changes that AIA Virginia submitted and were approved

Virginia Construction Code (VCC) which utilizes the International Building Code (IBC) as its model:

  • Streamlined provisions related to existing buildings:  One section replaces five sections and ALL existing buildings and structures shall start in the VEBC, including R-5 (but the option to use the IBC/IRC remains).
  • Small buildings and spaces are now “permitted” to be classified as the main occupancy rather than be required to classify them as a ‘B’: This may help with avoiding mixed occupancies and/or reduce the amount of required plumbing fixtures.
  • There’s a new option for addressing higher education laboratories: If you wanted to avoid an ‘H’ occupancy, you were required to utilize “control areas.”  However, they were very limiting (especially for higher stories).  Now, there is an option to use “lab suites” to achieve a greater number of labs as well as greater quantities on higher stories.
  • Roof-supporting structural penetrations are now allowed into stairway and exit passageway enclosures if they meet certain criteria (no more than 2-stories, fully sprinkled, other than Group H).
  • Moved all reroofing and roof repairs to the VEBC.
  • All one-story buildings are exempt from the NFPA 285 test requirements if the exterior wall covering is noncombustible.

Virginia Existing Building Code (VEBC) which utilizes the International Existing Building Code (IEBC) as its model:

  • The entire VEBC was reformatted to accomplish a code that hopefully will be easier to: understand, apply, interpret, review, and enforce.  The major changes include:
    1. Deleted the “compliance methods.”
    2. Simplified the “work area” definition by deleting the term “reconfigured spaces” and essentially involves walls – removing, moving, or adding – walls would be a work area.  We also expanded what is not included in a work area.
    3. Consolidated a lot of provisions.  Did you know “accessibility” was in eight chapters and sixteen sections?  It is now in one chapter (new Chapter 4) and four sections.
    4. We simplified the old Chapter 10 – Change of Occupancy (is now Chapter 7) and allows an alternative to compliance with Chapter 7 – which was the old “Performance Compliance Method.”
    5. Deleted unenforceable provisions throughout, including those involving: IFC, unsafe or dangerous conditions, and “subject to the approval of the code official.”
    6. As a result, we deleted three chapters (14 in lieu of 17).
    7. Any reference to the iCodes in the VEBC mean the iCodes with the Virginia amendments.
    8. All classifications of work must now be identified on the construction documents (not just the work area) – there is an exception.
    9. Revised the definition of “Change of occupancy” and “existing building.”
    10. Consolidated the following into Chapter 3 – which applies to all work (rather than having multiple locations for the same provision): building materials and elements, fire escapes, seismic forces, glass replacement, and new provisions for higher education labs and reroofing.
    11. All “repair” requirements were consolidated into one chapter (in lieu of three).
    12. All “alteration” requirements were consolidated into one chapter(in lieu of five).  We still have three levels, but rather than each being there own chapter, they are now each their own section.
    13. An exception was added to the IECC requirements allowing “like” materials and thicknesses when replacing existing materials in the building’s exterior building envelope (e.g., walls and roofs).
    14. Group R-5 was added to the hazard category tables in the Change of Occupancy chapter.
    15. All “addition” requirements were consolidated into one chapter (in lieu of three).
    16. All “historic building” requirements were consolidated into one chapter (in lieu of three).
    17. All “moved building” requirements were consolidated into one chapter (in lieu of three).
  • Remember the VEBC mantras – “incentivize, don’t penalize” and “it is as safe or safer today than it was yesterday.”

Learn more about the entire 2015 VEBC and the 2015 VEBC significant changes at Architecture Exchange East this Nov. 7-9.

Building Code Timeline

2005 AIA Stock Images - Core - Cunningham & Quill - Hickok Warner Cole - HSMM - OTJ ArchitectsThe seeming interminable review of the latest building code is nearing completion, which means the public hearing portion of the 12- to 18-month process is nigh.

The review schedule published by the Department of Housing and Community Development in January lists July 1 as the final date for code change submissions.  The first public hearing will be Sept. 23 this year and September of 2014 as the effective date of the 2012 code.

From the beginning — with the publishing of the 2012 family of codes by the International Code Council in the spring of 2012 — to the final implementation in Virginia, the model codes have been turned inside out and upside down by volunteers from many organizations including the Virginia Building and Code Officials Association and the Virginia Society of the American Institute of Architects.

Once again, as he has since October 2000, Kenney Payne, AIA, led the reviews of the building code for the VSAIA.  And for several years in a row, James Snowa, AIA, and Megan Shope, AIA, provided the expertise to guide the evolution of the residential code for the VSAIA and the public.

The in-house reviews were an innovation by the late Jack Proctor, Hon. VSAIA.  He sought the advice and expertise from architects, home builders, building owners and managers, product manufacturers, and other interested groups to make the review process as thorough as possible.  This open, deliberative process was continued by Emory Rodgers, who succeeded Proctor as director of the division of building regulation at DHCD.

The next steps in the code’s adoption will be publication in the Virginia Register this summer with the public hearing in the fall.  Final regulations will be approved by the Board of DHCD in late 2013 or early 2014 prior to being sent to the capitol for administrative approval.

Final regulations are scheduled to be published in the July 2014 Virginia Register with September 2014 expected to be the codes’ effective date.  In the past, local building officials have allowed a grace period for projects under way prior to the latest code implementation.  Architects should confer with local officials to determine whether a project’s design under a current code is far enough along to be reviewed under the older rather than the newest code.

By the same token, architects also should confer with local building officials if they wish to design under an as-yet-unapproved code.  If the approval process is in its final stages, designing to the newer standards could be beneficial.

 

Charlottesville IBC Seminar in March

On March 28, 2013, the Virginia Society AIA is offering a Significant Changes to the International Building Code 2012 seminar in Charlottesville. Learn about the important changes from the 2009 edition of the code. You’ll discover the reasoning behind the changes and how they affect accessibility. Hear a summary of significant changes and discuss the intent behind each change and how it could affect designs and enforcement.

The seminar includes a book detailing each of the critical changes. Each change analysis features the affected code sections and identifies the change as newly added text, a modification of the existing language, or deleted text. Accompanying each change are detailed illustrations and concrete examples, which bring the technical jargon of the code to life in a real-world setting.

Registration is $170 and continental breakfast and lunch are included. (Non-members pay $230). The registration deadline is March 7. Register here>>

Fairfax IBC Seminar in February

On Feb. 20, 2013, the Virginia Society AIA is offering a Significant Changes to the International Building Code 2012 seminar in Fairfax. Learn about the important changes from the 2009 edition of the code. You’ll discover the reasoning behind the changes and how they affect accessibility. Hear a summary of significant changes and discuss the intent behind each change and how it could affect designs and enforcement.

The seminar includes a book detailing each of the critical changes. Each change analysis features the affected code sections and identifies the change as newly added text, a modification of the existing language, or deleted text. Accompanying each change are detailed illustrations and concrete examples, which bring the technical jargon of the code to life in a real-world setting.

Registration is $170 and continental breakfast and lunch are included. (Non-members pay $230). The registration deadline in Friday, Feb. 1. Register here>>

January IBC Seminar in Virginia Beach

On Jan. 25, 2013, the Virginia Society AIA is offering a Significant Changes to the International Building Code 2012 seminar in Virginia Beach. Learn about the important changes from the 2009 edition of the code. You’ll discover the reasoning behind the changes and how they affect accessibility. Hear a summary of significant changes and discuss the intent behind each change and how it could affect designs and enforcement.

The seminar includes a book detailing each of the critical changes. Each change analysis features the affected code sections and identifies the change as newly added text, a modification of the existing language, or deleted text. Accompanying each change are detailed illustrations and concrete examples, which bring the technical jargon of the code to life in a real-world setting.

(REGISTRATION IS NOW CLOSED.)

Registration Deadline Looms for IBC 2012 Seminar

Registration for the Dec. 7, 2012, Significant Changes to the International Building Code 2012 code seminar in Roanoke, Va., closes Nov. 20.

The seminar provides an overview of the changes from the 2009 to the 2012 IBC®. The instructor will review changes in organization and code requirements and the applicability of these requirements to design, plan review and inspection. This course uses the Significant Changes to the International Building Code 2012 Edition.

Upon completion of this seminar, participants will be better able to:

  • Identify the most significant differences between the 2009 IBC and the 2012 IBC;
  • Explain the differences between the current and previous edition;
  • Identify changes in organization and code requirements;
  • Identify the applicability of design, plan review and inspection requirements.

The seminar offers 6 AIA/CES learning units and registration is $170 for AIA members ($230 for non-member registration).

The class will be held at the Roanoke Higher Education Center from 8:15 a.m. – 4 p.m.  A continental breakfast and lunch will be provided.  Register>>

Green Code Complicated in Virginia

Green became official in March.  Until then, green was extolled in local and even state ordinances throughout the country.  In Virginia, developers touted their projects’ green features to collect incentives offered by a few localities.

Green was relegated to the trailblazers.  Those architects and developers and clients who believed in it included green materials and practices in their projects.  Architects pushed their clients.  But it wasn’t easy.

Even celebrated architect James Cutler, FAIA, was about to throw in the towel before finally persuading one of the world’s richest men to accept his design ideas on how to build without disturbing a nearby wetlands preserve and pond.

Green became official in March.  This is to say that green is now written in building code language.  This means code interpreters — including designers, builders, and code officials — can be more certain about the intent behind the writing.  One of the complaints about the various green programs was the way they were written.

Green became official when the International Green Construction Code was published March 28, 2012.  It becomes part of the family of codes developed by the International Code Council.  The AIA played an integral role in developing the IGCC and those who wish to promote its use can find material support here:  http://www.aia.org/advocacy/AIAB085336 .  It should be used in tandem with the International Building Code, not instead of.

Prior to its final publication, the draft IGCC was adopted in several jurisdictions throughout the country.  Virginia architects and building officials reviewed it as it was going through its public comment period and gave it mixed marks.  As a general rule, the Virginia code officials are against it.  VSAIA’s long-time code expert Kenney Payne, AIA, identified several shortcomings for its use in Virginia.

But the intent of the entire green movement embodied in the IGCC — conserving energy, water, and other resources; greatly reducing waste; and improving indoor air quality among them — has strong proponents among the profession and the general population.  One of the questions remains:  Is the IGCC a proper means to the desired end.

In Virginia, the answer is a qualified “no.”  You see, along with its goals of improving the built environment, the IGCC also targets elements that are controlled by various state agencies other than the Department of Housing and Community Development.  DHCD promulgates the building code.

The IGCC extends beyond DHCD’s purview to include elements outside the building, such as retaining stormwater, using gray water for irrigation, treating rain water for drinking, and properly collecting and disposing of debris from construction sites among them.

“By statute we can adopt only those parts that are not regulated by other state agencies,” according to Emory Rodgers, the director of the Virginia Division of Building Regulation.  Other agencies whose turf would be trod by the IGCC as written include the Department of Environmental Quality, Department of Transportation, and the Department of Health.

This leaves Virginia with several options to be determined by the DHCD Board.

  • One, it could decide to adopt none of the IGCC
  • Two, it could decide to adopt the pieces and parts that apply only to buildings
  • Three, it could pass along to other agencies the IGCC language as fodder for their future regulatory language.

In addition to the problems associated with several agencies’ controlling various aspects of the IGCC’s regulations, Payne has identified several areas that might not be appealing to architects within their sphere of expertise.  These primarily hinge upon liability and where practitioners feel comfortable controlling their own destinies.

Some of these include:

  • Whole-building life-cycle assessments
  • Pre-design site inventory and assessment
  • Soil test reports taken after occupancy
  • Building service life plan
  • Certifications assuring that
    • all structural components last for 200 years
    • site hardscapes endure for 50-75 years
    • HVAC systems function for 25 years
    • Green considerations in general – what happens if the completed building falls short of the predicted performance design models?
    • Mandatory commissioning

And the list goes on.

Water use — gray water and rain water — has received a great deal of interest in the past several years.  Because of this interest, according to a few building officials, many of these sections might wind up in the plumbing code in some form.  If so, other codes probably would refer to these sections.  In turn, the plumbing code could refer to health department regulations.

The health department would be the controlling agency to determine whether rain water could be viewed as drinkable.  If so, it might require small-scale filtration or treatment requirements, which could be instituted through the plumbing code.

Other parts of the IGCC that do not make it into the various codes could be incorporated by Virginia localities as proffers.  As they are written in code language, these IGCC elements could be understood more easily by developers and administrators within the localities.

DHCD officials have established a tentative schedule to review the 2012 ICC family of codes beginning in April and continuing through the end of 2013.  Those architects wishing to work with Payne on the IBC review and Jim Snowa, AIA, and Megan Shope, AIA, on the IRC review should write Duncan Abernathy, AIA, as soon as possible at daber@aiava.org.