112 West Main Street
P.O. Box 111
Orange, Virginia 22960
1-540-672-3313

CHAPTER 10 – BUILDINGS AND BUILDING REGULATIONS

Sec. 10-106. – Responsibility of property owners.

The owners of property situated within the county shall, at such times as the board of supervisors, acting by and through its agents, may prescribe, remove, repair or secure any building, wall or other structure which might endanger the public health or safety of other residents of the county.

(Ord. of 9-13-1988, § I)

Sec. 10-107. – Action by county.

If the owner and lienholder of property, after reasonable notice and a reasonable time, fails to remove, repair or secure a building, wall or other structure, the board of supervisors, acting by and through its agents and employees, may remove, repair or secure any such building, wall or other structure which might endanger the public health or safety of other residents of the county.

(Ord. of 9-13-1988, § II)

Sec. 10-108. – Time limitation on county action.

(a) For purposes of this article, reasonable notice includes a written notice mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and published once a week for two successive weeks in a newspaper having general circulation in the county.

(b) No action shall be taken by the county to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper publication.

Sec. 10-109. – Liability for expenses.

If the county, through its agents or employees, removes, repairs or secures any building, wall or other structure after complying with the notice provisions of this article, the cost or expenses shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected.

(Ord. of 9-13-1988, § III)

Sec. 10-110. – Lien.

Every charge authorized by this article with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, §§ 58.1-3940 et seq. and 58.1-3965 et seq.

(Ord. of 9-13-1988, § IV)

 

 CHAPTER 10 – BUILDINGS AND BUILDING REGULATIONS

Sec. 10-71. – Structures or buildings requiring smoke detectors.

Smoke detectors shall be installed in the following structures or buildings:

(1) Any building containing one or more dwelling units;

(2) Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons; and

(3) Roominghouses regularly used, offered for or intended to be used to provide overnight sleeping accommodations.

(Ord. of 8-8-1995, § 2)

Sec. 10-72. – Specifications for smoke detectors.

The type and installation of smoke detectors shall be in conformance with the provisions of the Virginia Uniform Statewide Building Code.

(Ord. of 8-8-1995, § 3)

Sec. 10-73. – Provisions relating to rented units.

The owner of any unit which is rented or leased shall, at the beginning of each tenancy and at least annually thereafter, furnish each tenant with a certificate that all required smoke detectors are present, have been inspected, and are in good working order. Except for smoke detectors located in hallways, stairwells and other public or common areas of multiple-family buildings, interim testing, repair and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detectors within five days of receipt of written notice from the tenant that such smoke detector is in need of service, repair or replacement.

(Ord. of 8-8-1995, § 4)

Sec. 10-74. – Penalty for violation.

Any person violating this article shall be guilty of a class 4 misdemeanor and shall be punished in accordance with Code of Virginia, § 18.2-11.

(Ord. of 8-8-1995, § 5)

Secs. 10-75—10-105. – Reserved.

 

CHAPTER 10 – BUILDINGS AND BUILDING REGULATIONS

Sec. 10-31. – Adoption.

There is adopted by reference in the county the Virginia Uniform Statewide Building Code the provisions of which are adopted and shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, and occupancy of all buildings and all other functions which pertain to the installation of systems vital to all buildings and structures and their service equipment as defined by the Virginia Uniform Statewide Building Code, and shall apply to existing and proposed buildings or structures in the county.

(Ord. of 10-9-1973, § 1)

Sec. 10-32. – Building inspection department.

(a) There is established a building inspection department, whose responsibility it is to enforce the provisions of the Virginia Uniform Statewide Building Code.

(b) The building official in concurrence with the board of supervisors shall be responsible for the organization and daily operation of the department. The department shall consist of the building official and such other personnel as authorized by the board of supervisors.

(Ord. of 10-9-1973, § 2)

Sec. 10-33. – Fee schedules.

No permit to begin work for new construction or other building operations shall be issued until the fees prescribed in the fee schedule adopted and amended by the board of supervisors shall have been paid.

(Ord. of 10-9-1973, § 3)

Sec. 10-34. – Establishment of fire districts.

For the purpose of control of use and construction of buildings, the building official may establish limiting fire districts in accordance with chapter 3 of the BOCA Basic Building Code; however, before such fire districts shall become effective, their boundaries shall be advertised by the building official at least once a week for two successive weeks in the Orange County Review, and a copy thereof delivered to the clerk of the board of supervisors, the town manager of the Town of Orange, and the mayor of the Town of Gordonsville.

(Ord. of 10-9-1973, § 4)

Sec. 10-35. – Board of survey.

(a) The owner of a building or structure or his duly authorized representative who has been served with an unsafe order and notice to make such structure safe, secure or habitable or to take down and remove such structure shall have the right, except in cases of emergency, to demand the appointment of a board of survey if he deems such order to be unnecessary, improper or unreasonable. Such demand shall be in writing delivered to the building official with a statement of reasons for such demand.

(b) The board of survey shall be appointed and function in conformance with section 126 of the BOCA Basic Building Code.

(c) Compensation for the third member of the board of survey shall be at a rate of $20.00 per hour, to be paid by the appellant.

(Ord. of 10-9-1973, § 5)

Sec. 10-36. – Board of appeals.

(a) The owner of a building or structure or any other person may appeal from a decision of the building official refusing to grant a modification of the provisions of the basic code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure to the board of appeals. Application for appeal may be made when it is claimed that the true intent of the basic code or the rules legally adopted under the code have been incorrectly interpreted, the provisions of the basic code do not fully apply, or an equally good or better form of construction can be used.

(b) The board of appeals shall consist of five members appointed by the board of supervisors, each member to be appointed for staggered terms of five years, or until his successor has been appointed.

(c) The board of appeals shall be appointed and function in conformance with section 121 of the BOCA Basic Building Code and the administrative amendments.

(d) Compensation of the members of the board of appeals shall be as determined by the board of supervisors.

(Ord. of 10-9-1973, § 6)

Sec. 10-37. – Joint operation of building department.

(a) The establishment of a building inspection department as specified in section 10-32 shall be a joint project of the county and the towns of Orange and Gordonsville upon the approval of such joint operation by proper resolution of the councils of such towns.

(b) All building permits and other permits necessary to construction in the county, including the incorporated towns, shall be issued by the building department of the county; however, no building permit shall be issued for construction within the town limits of the towns of Orange and Gordonsville unless the applicant secures from the towns and presents to the building official a zoning permit indicating that the proposed construction complies with the zoning and subdivision requirements of the towns.

(c) All fees shall be collected by and all expenses borne by the county.

(d) A record of permits issued by the building official for construction within the town limits of the towns shall be duplicated and a copy forwarded to the locality in which the construction site is located.

(Ord. of 10-9-1973, § 7)

Sec. 10-38. – Identification of soils.

Prior to the issuance of a building permit for construction of a single-family dwelling, the building official’s office shall locate the property and building site on the applicable soils map in the soils survey of the county and identify all soils with significant (high) shrink-swell potential within 1,200 feet of the building site. When this soils check indicates the presence of significant shrink-swell potential soils, the permit applicant shall provide the building official’s office with a site-specific soils investigation prepared by a certified soil scientist or geotechnical engineer, or, in the alternative, may presume the presence of significant (high) shrink-swell potential soils at the site. When assumed or when the soils investigation confirms the presence of significant (high) shrink-swell potential soils at the site of the proposed construction, the permit applicant shall provide the building official’s office with a footing/foundation plan designed by a licensed professional engineer to overcome the limitations presented by these soils. Footing/foundation plans shall meet or exceed the requirements of the BOCA National Building Code or CABO – One & Two Family Dwelling Code.

(Ord. of 3-10-1998)

Secs. 10-39—10-70. – Reserved.