2021 Virginia Codes The 2021 edition of the Virginia Uniform Statewide Building Code (USBC) went into effect on January 18, 2024. During the first year immediately following the effective date, a permit applicant can choose to apply under the 2018 USBC or the 2021 USBC. After the one-year period January 18, 2025, all permits must be issued under the 2021 USBC. With 2025 fast approaching, all applicants for permit should keep in mind that only the 2021 USBC will be accepted after January 18, 2025.
2024 International Code Council Conference Expo + Hearings The International Code Council’s annual conference is being held at the Long Beach Convention Center and the hearings are from October 23-31. Follow this link for scheduling and important notes.
To watch a live webcast of the annual business meeting and Committee Action Hearings, Group A #2, please follow this link.
2024 Virginia Codes The 2024 Virginia Uniform Statewide Building Code development cycle will be starting in Q1 2025. If you wish to be added to our email list for the 2024 Code Development cycle please email SBCO@dhcd.virginia.gov
The review of the 2012 International Code Council’s family of codes has been completed. The public hearing and administrative adjustments are all that remain between now and the anticipated implementation this fall. Below is a summary of the proposals presented by the VSAIA Code Cadre, once again led by Kenney Payne, AIA, and supported by Jim Snowa, AIA, and Megan Shope, AIA.
VSAIA submitted:
Approved (17):
Accessory occupancies are no longer limited by their tabular height value in Table 503
Accessory areas may now be located on upper floors, if allowed for the main occupancy
Previously, the height was restricted (e.g., I-3 could not be located on 3rd floor or higher under Type 2B construction)
CO sensors will utilize the 2012 IBC language (deleted the language used in the 2009 USBC)
Combustible decorative material exceptions clarified and added[adrotate banner=”52″]
Technically, the code did not allow any decorative combustible materials to be hung from above – it had to be applied to walls
An exception was added that now allows such to be suspended from the ceiling
Evacuation plans (under the 2012 IBC) would have become part of the building code
This requirement was deleted from the IBC and remains in the SFPC
Existing structural elements carrying gravity loads can now comply with IEBC
Under the 2009 USBC/IBC, if there were any changes to the gravity loading, it could be interpreted that the entire existing building would have to conform with the IBC
This code change clarifies that such loading would have to increase by more than 5% before affecting the existing building
Clarified that showers required on the pool deck were to be accessible hand-held spray types, and not transfer or roll-in types (as part of the ISPSC – refer below)
Lavatories are now allowed to be located within the classroom, if it meets certain criteria
Before, a lavatory had to be located in the toilet room, even if the adjacent classroom had a lavatory
This exception now allows you to omit the lav in the toilet room and use the one in the classroom
You no longer have to provide a Type I or II hood over electric domestic cooking appliances if they are used for domestic purposes – you can just provide a domestic-type hood
Previously, some jurisdictions were requiring Type I or II hoods over a residential cooktop simply because it was located in a “commercial” building
The owner must still demonstrate that the cooking appliances will be used for domestic purposes
A church cannot say it is for domestic purposes if they intend to hold congregation functions where they feed 300 people every weekend or so
Fire-resistance assembly markings (the ratings that get painted on rated walls above the ceiling)
Clarified locations and deleted outdated terminology
Order of precedence
Reformatted so it would be easier to follow (use to be a run-on paragraph)
Deleted the term “conflicting” and clarified these would apply when you have “differing requirements”
Tenable environment and windowless buildings
Provided a definition for “tenable environment”
Rewrote the “windowless buildings” in its entirety and tied it to smoke control, which was its original intent
* Should be easier to design I-3 spaces
* Identifies those spaces requiring such smoke control
– This prevents building officials from requiring smoke control in an office or a corridor simply because they are located in an I-3 facility
Short-term holding areas
We created a new definition for “short-term holding areas” and added a new Section to avoid confusion with I-3 occupancies
This includes those small lock-ups located between courtrooms, or in an airport, stadium, police station, shopping malls, etc.
Currently, if defined as I-3, it would kick in all of the other I-3 requirements
This code change does include some I-3 requirements, but should allow for greater flexibility in your designs
Delayed egress locks
Clarified the intent by adding an exception (currently, there is an exception within the charging paragraph which makes interpretation difficult)
Air barriers
Air barriers will be a requirement for the building envelope; however, it was included in the IECC and ASHRAE 90.1
Our code change placed a “bookmark” in the IBC so architects do not miss something so critical because it was not located in the building code
Water-resistive barriers
Deleted in its entirety
If left in, all exterior wall assemblies (meeting the criteria) would have had to be tested per NFPA 285
Metal composite materials and NFPA 285
Added a sprinkler exception (no NFPA 285 or full-scale testing required if your building is fully sprinkled)
Also clarified additional NFPA 285 testing is not required for additional wall assemblies if the other changes are in non-combustible materials or combustible materials already allowed by the building code
Exterior wall assemblies and NFPA 285
Added a sprinkler exception (no NFPA 285 or full-scale testing required if your building is fully sprinkled)
Also clarified additional NFPA 285 testing is not required for additional wall assemblies if the other changes are in non-combustible materials or combustible materials already allowed by the building code
Denied (6):
Switch from Chapter 11 and ICC A117.1 to ADAAG 2004 as the accessibility requirements
Building officials would not support
Note the referenced regulation was 2004 ADAAG – not 2010 ADA Standards which includes other documents, nor was it requiring compliance with the ADA, which is a civil law
We are not attorneys and cannot ensure our design meet ADA – we can design to meet ADAAG
The hope was that architects would only have to design to one standard – 2004 ADAAG – not three (Chapter 11 of the IBC, A117.1, and 2004 ADAAG)
Penetrations into interior stairways
Tried to add exception allowing primary and secondary structural members
Currently, it can be (and has been) interpreted that no structure (beam, joist, deck) can penetrate an interior stairway
Required a preliminary meeting to discuss need for fire apparatus access road requirements with fire official during design (similar to what is required for using the IEBC)
Fire officials were against
Currently, they do not have to comment on the requirements, or even the need for such a road, until you submit for a building permit – by then it is too late
We were trying to codify a meeting -during design – so we have the ability to make changes without incurring potential delays and/or change orders
In-building emergency communications coverage
Tried to clarify some requirements (e.g., limit it to just empty conduit), add exceptions, add design and technical criteria (so we know what to design), add a preliminary meeting (so we know what the jurisdiction is going to need)
Unless you meet the exceptions, our design must include radiating cable
Oftentimes, coverage requirements are determined after completion of the facility – it is then too late to effect changes without incurring change orders – to which owners typically turn to the A/E to collect
Portable toilets
Tried to allow porta-potties to be used for larger outdoor sporting events for ‘E’ uses only – to avoid providing hundreds (exaggeration) of toilets that might be used 6 times a year
NFPA 45 as an option to control areas
Control areas limit the number of labs on upper floors – due to the limitations on the quantities allowed as buildings increase in height
At the request of the fire officials and a number of universities, the VSAIA submitted a code change that used NFPA 45 as the template to develop a code change that would allow an alternative to control areas
This alternative would allow greater quantities on upper floors as well as reduced fire ratings
It should offer greater flexibility for al buildings with labs – including schools
We first submitted as a separate code section – when that did not pass, we resubmitted as an appendix
That did not work either
However, it got a lot of discussion by the Codes and Standards Committee and Board of Housing and Community Development
Many saw the benefit, but were not ready to jump in with both feet – and the fact that it was introduced late and did not go through the two-year vetting process hurt our chances
It will be part of the agenda for the 2015 code cycle
VSAIA supported:
Approved (3): There were many – we have outlined a few here
International Swimming Pool and Spa Code (ISPSC)
Swimming pools and spas are now regulated by the ISPSC rather than referenced standards, appendices, state amendment, or other document
This should make it easier to design and for building officials to enforce
Delete Chapter 34 and substitute IEBC
The ICC is going to delete Chapter 34 in the 2015 model code, so we went ahead and did it now
Increased the width of some doors in a residence to allow for 32” clear (increased accessibility)
The National Homebuilders Association was also supportive of this code change
Denied (1):
Increased accessible parking at medical facilities
Added types of facilities to the “list” that currently require more parking spaces (which is also required by ADAAG), as well as, two exceptions (those operating out of their home and tenant-type office buildings where you did not know who would be in it)
VSAIA opposed: There were many – we have outlined a few here.
Denied (2): VSAIA wanted them to be denied
Restriping of existing parking lots
We were original co-sponsors (along with accessibility advocacy groups); however, the VBCOA (building officials) started adding a number of exceptions and language which we believed could conflict with the ADA and ADAAG – so we withdrew our support and worked against its approval
We did not believe Virginia architects should be required to design something that meets the building code, but may not meet the civil law (ADA)
Exceeding ADAAG requirements are one thing, but conflicting requirements are something else
The accessibility advocacy groups also withdrew their support when we withdrew our support for the same reasons
International Wildland-Urban Interface Code (IWUIC)
Fire officials wanted to include this without any vetting
We opposed because there was no vetting through the work groups
VSAIA submitted and then withdrew (3): We tried to “pick our battles” and did not push a difficult position unless we felt the code change was far-reaching (such as the accessibility code change proposal)
Tried to add an actual date (1973) to the definition of an “existing building”
Currently, it states, “built prior to the initial edition of the USBC.”
We wanted it to read, “built prior to the 1973 USBC.” That way, you would not have to ask what year was the initial edition
Apparently, building officials could not understand there is only one “initial”
Tried to submit an exception where stairways that are not used as an exit or provide access to an exit do not need to comply with various means of egress stair requirements (e.g., interior exit stairways and exit access stairways)
Building officials believe all stairways must comply – there is no such thing as a stairway that is not a part of the means of egress
Tried to get small storage rooms (100 SF or less) reclassified as “incidental uses”
Confusion has crept up with regards to small “closets” – are we supposed to classify them as an S-1 or S-2?
This could create unintended consequences (e.g., mixed uses, occupancy that cannot go on an upper floor)
All-in-all, I would say we had a very successful code change cycle (22 positive results and 7 negative results) and should:
Allow architects greater flexibility in their designs
Clarify the code to avoid misinterpretations or conflicting interpretations
Save our clients money (e.g., NFPA 285 testing which can run as high as $40,000 per test per assembly).
Public wisdom has it that no one catches everything. Despite the best of intentions, it cannot be done. However, VSAIA’s team of building code reviewers seems to defy the odds.
Glen Reimer, AIA, a senior associate with AECOM, discovered a major flaw in the International Code Council’s latest (2012) model building code. He sent an alert to the VSAIA, which went directly to Kenney Payne, AIA, with Moseley’s Richmond office.
Reimer noted that several sections of the 2012 International Building Code, if left as is, would require that walls greater than 40 feet above grade in buildings of Type I, II, III and IV construction would have to be tested to NFPA 285 standards if any combustible products were used. Because such tests specifically identify each element of an assembly, any substitution would void the test. Therefore, all tested wall assemblies would be proprietary.
Not only would such testing extend a project’s time line, it also would be an unexpected expense to the client. And, for public projects that all-but forbid proprietary elements, the requirement would become a nightmare if not a complete impossibility.
Payne’s response was succinct: “I have been successful in getting code changes on all” of those sections, either to delete them or to add a sprinkler exception. These changes, he said, are moving forward on the consensus agenda, to be reviewed later this year or early next by the Board of Housing and Community Development. According to Payne, the amendments’ position on the consent agenda means they have a 95 percent chance of approval.
He added the caution that these changes affect only Virginia’s version of the building code. Anyone practicing in another state must take this up with the local code official.
As soon as the board reviews these and many other code modifications, they will move them to the next stage of the code approval process. As of now, the anticipated implementation date for the 2012 Virginia Uniform Statewide Building Code still is forecast to be fall of 2014.
The VSAIA thanks everyone on the code review team — Payne, James Snowa, AIA ,and Megan Shope, AIA — for their tireless efforts on behalf of the membership. And it also thanks its members like Reimer, whose timely alert pinpointed what could have become a major stumbling block for clients — public and private — and architects throughout the state.