Title
Ordinance to Amend and Reenact City Code of the City of Hampton, Virginia by Amending Chapter 9, Building and Development regulations, Article II, Building Code, to ensure alignment with relevant regulations on terminology, enforcement, and management
Purpose
PURPOSE/BACKGROUND:
This amendment clarifies two sections in Chapter 9 of the City Code. Section 9-26 of the City Code is the ordinance outlining the adoption and enforcement of the Uniform Statewide Building Code. The amendment proposes to update that the code official has authority to enforce provisions within Chapter 9 of the City Code. It currently reads like the code official can only enforce the Virginia Maintenance Code. Section 9-31 of the City Code only grants the building official the authority to take emergency action for buildings and structures in immediate danger of collapse or failure. This proposed amendment gives the code official that authority, as well, since the code official has the authority of already built structures. Additionally, the amendment proposes changes to make the ordinance language gender neutral.
Recommendation:
Rec
Approval.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 9 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 9 - BUILDING AND DEVELOPMENT REGULATIONS
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ARTICLE II - BUILDING CODE
DIVISION 1. - GENERALLY
Sec. 9-26 - Adoption and enforcement.
(a)There is hereby adopted, for the purpose of establishing rules and regulations applicable to and governing buildings, structures and appurtenances, the Uniform Statewide Building Code ("building code"), including the Virginia Construction Code, Virginia Existing Building Code, Virginia Maintenance Code, and all other codes, regulations, and standards referenced in the building code, as amended, including the Virginia Industrialized Building Safety Regulations; Virginia Manufactured Home Safety Regulation; Virginia Amusement Device Regulations; Virginia Certification Standards; and the Virginia Standards Governing Operation of Individual and Regional Code Academies promulgated by the State Board of Housing and Community Development. Such codes, regulations, and standards are hereby made a part hereof to the same extent as if set out herein at length.
(b)The building official and code official, as those terms are defined by the building code and Virginia Maintenance Code, respectively, shall be appointed by the city manager in accordance with section 4.02(a) of the Hampton City Charter. The appointed individuals shall meet the minimum qualifications set forth in the building code and Virginia Maintenance Code for the positions and, once permanently appointed, neither the building official nor code official shall be removed from office except for cause after having been afforded an opportunity to be heard before the city manager.
(c)The building official shall have the authority to enforce the provisions of the building code, and all codes, regulations, and standards set forth in subsection (a) except that the code official shall have the authority to enforce the provisions of the Virginia Maintenance Code and corresponding provisions of this chapter.
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Sec. 9-31. - Emergency action.
In addition to the authority granted to the building official and code official in providing temporary safeguards and emergency repairs set forth in the building code, the building official or code official in cases of emergency which, in their opinion, involve immediate danger of collapse or failure of a building, any part of a building, wall or any other structure, which would endanger life, or when a violation of the building code results in a hazard that creates an immediate, serious and imminent threat to the life and safety of the occupants, they shall promptly cause such building or portion thereof to be made safe or removed. For this purpose, they may at once enter such building or structure or land on which it stands, or abutting land structures, with such assistants and at such cost as they may deem necessary. They may vacate adjacent structures and protect the public by appropriate fences or such other means as may be necessary, and for this purpose may close a public or private way.