(a) Except as otherwise specifically provided, any person who shall violate any provision of this chapter or shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter, repair or maintain a building or structure in violation of an approved plan or directive of the building official or housing official, or of a permit or certificate issued under the provisions of this chapter, shall be guilty of a misdemeanor punishable by fine of not more than two thousand five hundred dollars ($2,500.00).

(b) The imposition of the penalty described in subsection (a) above shall not preclude the city attorney from instituting appropriate action to prevent unlawful construction, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of a building or structure in or about any premises. (Code 1964, §§ 8-51, 8-52) (Ord. Of 2/27/97)

(a) This section governs the maintenance of buildings and structures and all parts thereof, including residential housing, which existed or were under construction prior to September 1, 1973, and new buildings and structures built after September 1, 1973.

(b) All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this chapter in a building or structure when erected, altered or repaired shall be maintained in good working order.

(c) The owner or his designated agent shall be responsible for the safe and sanitary maintenance of a building or structure and its exit way facilities at all times. (Code 1964, § 8-45)

(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 section 9-18 of this article.

State law reference - Local enforcement of Uniform Statewide Building Code, Code of Virginia, § 36-105.

(a) 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 (2) 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.

(b) The electrical review board shall elect its own chairman.

(c) 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.

(d) 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 thirty (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 fourteen (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.

(a) 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 (2) 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.

(b) The plumbing and mechanical review board shall elect its own chairman.

(c) 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.

(d) 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 thirty (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 fourteen (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)

(a) 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 situate, 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 & 0 Railroad; west along the C & 0 Railroad to Lewis Street; north on Lewis to the point of beginning.

(b) All areas not included in the fire limits shall be designated as outside fire limits.

State law reference - Authority of city to levy fees to defray cost of enforcement of building code, Code of Virginia, § 36-105.

(a) The minimum building permit fee shall be $20.00.

When callbacks or extra trips are required of the inspector because of error or carelessness, a twenty-five dollar ($25.00) callback fee may be charged for each additional trip required. Such fee is payable to the office of the building official prior to the required additional inspection.

(b) After completion of a project for which a building permit has been properly obtained, proof of the total actual cost required for the project may be required by the office of the building official. Where the total actual cost is less than the estimated cost, the excess fee will be reimbursed. When the total actual cost exceeds the estimated cost, the required additional fee must be paid.

(c) Temporary occupancy permits.

(d) Occupancy permits where no building permits are involved.

(e) Miscellaneous fees.

(Code 1964, § 8-9; Ord. of 6-28-90)

(a) The fees for permits for electrical work shall be as follows:

When callbacks or extra trips are required of the inspector, because of error or carelessness, a twenty-five dollar ($25.00) callback fee may be charged for each additional trip required. This fee is payable to the office of the building official prior to the required additional inspection.

(b) After completion of electrical work for which a permit has been properly obtained, proof of the total actual cost required for the work may be required by the office of the building official. Where the total actual cost exceeds the estimated cost, the required additional fee must be paid. Where the total actual cost is less than the estimated cost, the excess fee will be reimbursed. (Code 1964, § 8-13; Ord. of 6-28-90)

(a) The fees for permits for plumbing and mechanical work shall be as follows:

When callbacks or extra trips are required of the inspector because of error or carelessness, a twenty-five dollar ($25.00) callback fee may be charged for each additional trip required. This fee is payable to the office of the building official prior to the required additional inspection.

(b) After completion of plumbing and mechanical work for which a permit has been properly obtained, proof of the total actual cost required for the work may be required by the office of the building official. Where the total actual cost exceeds the estimated cost, the required additional fee must be paid. Where the total actual cost is less than the estimated cost, the excess fee will be reimbursed. (Code 1964, § 8-14; Ord. of 6-28-90)

*State law reference - Authority of city as to the certification provided for in this article, Code of Virginia, § 15.1-11.4.

BUILDING-RELATED MECHANICAL WORKER means any person who engages or offers to engage in, for the general public for compensation, the installation, maintenance or alteration of mechanical systems, including heating systems, ventilating systems, cooling systems, steam and hot water heating systems, water heaters, process piping, boilers and pressure vessels and appliances utilizing gas, liquid or solid fuel.

CERTIFICATION means the process whereby the building official issues a certificate to an applicant certifying that person's ability, proficiency and qualifications to engage in a certain trade in accordance with the standards and procedures established pursuant to section 15.1-11.4 of the Code of Virginia.

ELECTRICIAN means any person who engages or offers to engage in, for the general public for compensation, erecting, installing or repairing all forms of electric wiring, electrical devices, electrical fixtures, electric motors and electric materials, but who does not engage in the designing of electrical layout or systems.

HELPER (laborer) means any person who is under the supervision of and assists a plumber, electrician or building-related mechanical worker in the performance of his duties and who, by reason of experience and education, is not able to satisfy the ability and proficiency standards established in this article for a journey-certification.

PLUMBER means any person who engages or offers to engage in, for the general public for compensation, installing, maintaining, extending and altering piping, fixtures, plumbing appliances, and plumbing appurtenances in connection with sanitary drainage or storm drainage, venting systems and public or private water supply systems, within or adjacent to any building or structure.

(a) The building official shall be the city's agent for the purpose of examining and determining an applicant's qualifications for certification in his trade pursuant to the provisions of this article.

(b) The building official shall have the power and it shall be his duty to receive applications for certification as plumbers, electricians or building-related mechanical workers, to examine all such applicants, to grant certificates in accordance with the standards established pursuant to section 15.1-11.4 of the Code of Virginia and to deny certification to those applicants who cannot successfully meet these standards.

(c) The building official shall enforce all the provisions of this article and shall utilize the procedures for certification as prescribed in this article.

(a) No person shall engage in, or offer to engage in, for the general public for compensation, electrical, plumbing or building-related mechanical work in the city, unless he is certified pursuant to this article or is specifically exempted from such certification.

(b) No license to engage in the business of electrical, plumbing or building-related mechanical contracting in the city shall be issued by the commissioner of revenue, unless the applicant exhibits to him a certificate of competence issued under this article or a state exemption certificate.

(c) No helper or laborer shall be employed to assist with any electrical, plumbing or building-related mechanical work that requires a permit, unless supervised by a certified electrician, plumber or building-related mechanical worker. The supervision mandated by this subsection does not necessarily require the constant presence of the certified electrician, plumber or building-related mechanical worker while the work is being performed.

(1) Any person holding a valid certification issued after July 1, 1978, by another city or county or town in the commonwealth in accordance with the provisions of section 15.1-11.4 of the Code of Virginia.

(2) Any person certified or licensed in his trade prior to July 1, 1978, in accordance with provisions made by any local governing body in the commonwealth.

(3) Any person holding a valid Class "A" contractor's license in the appropriate classification, as duly registered by the state registration board for contractors, pursuant to title 54, chapter 7 (§ 54-113 et seq.) of the Code of Virginia.

(4) Any person employed as a helper or laborer.

(5) Any person issued a certificate of journeymanship after completing an apprenticeship program approved by the Virginia Apprenticeship Council.

(6) Any person doing work on his owner-occupied residence.

(7) Any plant, factory or business which regularly employs electricians, plumbers or building-related mechanical workers to perform work on its own premises only.

(1) Level I journeyman: A certificate issued to a person who possesses the necessary ability, proficiency and qualifications to perform the work of installing, repairing and maintaining specific types of equipment and related apparatus and who is capable of performing such tasks, utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code, according to plans and specifications complying with such code. The holder of a Level I journeyman certificate shall be limited to the type of work and types of equipment and related apparatus for which certification is granted.

(2) Level II master: A certificate issued to a person who possesses the necessary ability, proficiency and qualifications to supervise the work of installing, repairing and maintaining specific types of equipment and related apparatus, utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code, and to plan and layout the details of installation of specific types of equipment and related apparatus according to plans and specifications complying with such code. The holder of a Level II master certificate shall be limited to the type of work and types of equipment and related apparatus for which certification is granted.

(a) Every person desiring to engage in plumbing, building-related mechanical or electrical work in the city shall make written application to the building official for certification, unless exempted under provisions of this article. An application form, as prescribed by the building official, shall be used. Such application shall be accompanied by an application fee in the amount of twenty-five dollars ($25.00).

(1) Four (4) years of practical experience in the specific area of expertise or directly related area of expertise for which certification is desired.

(2) An associate degree in the area of expertise for which certification is desired and two (2) years of practical experience in the specific area of expertise for which certification is desired.

(3) A bachelor's degree in the study of engineering in a curriculum related to the area of expertise for which certification is desired and one year of practical experience in the specific area of expertise for which certification is desired.

(a) An applicant for certification under this article shall be examined by the building official in order to determine his qualifications. The examination shall be based on current pertinent provisions of the Virginia Uniform Statewide Building Code and shall correspond to the level of certification specified in the application.

(b) The examination provided for in this section may be, in the discretion of the building official, in a written or oral format and such examination shall be offered at least once every three (3) months.

(c) An applicant must correctly answer seventy-five (75) percent of the questions on the examination given pursuant to this section to be deemed qualified. Should the applicant fail the examination, he shall be eligible to retake the examination at the next regularly scheduled testing date, but not sooner than thirty (30) days from the date of the first examination. If the applicant fails the examination on the second attempt, he will not be reconsidered for certification within twelve (12) months of the date of failure.

(a) The building official shall have the power to revoke a certificate issued under this article, if the holder thereof is found guilty of any fraud or deceit in obtaining the certificate or of willful violation of any provision of this chapter.

(b) A certificate revoked under this section shall not be renewed until the person from whom the certificate was revoked has satisfied the building official that breaches of the provisions of this chapter will not reoccur. Re-issuance of such a certificate shall require the successful completion of the certification standards and procedures prescribed by this article, including the examination.

(a) When, in the opinion of the building official, or the code official in appropriate cases, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall cause the necessary work to be done to demolish the building or structure or to render it temporarily safe whether or not the legal procedure described in this article has been instituted.

(b) For the purpose of this section, the building official, or the code official in appropriate cases, shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(c) Costs incurred in the performance of emergency work or demolition under this section shall be paid from the city treasury, on certificate of the building official, or the code official in appropriate cases, and the city attorney shall institute appropriate action against the owner of the premises where the unsafe building or structure was located for the recovery of such costs. (Code 1964, § 8-47; Ord. of 9-25-86, § 9)