36-98.1 - State buildings; exception for certain assets owned by the Department of Transportation.
§ 36-98.1. State buildings; exception for certain assets owned by theDepartment of Transportation.
A. The Building Code shall be applicable to all state-owned buildings andstructures, and to all buildings and structures built on state-ownedproperty, with the exception that §§ 2.2-1159 through 2.2-1161 shall providethe standards for ready access to and use of state-owned buildings by thephysically handicapped.
Any state-owned building or structure, or building or structure built onstate-owned property, for which preliminary plans were prepared or on whichconstruction commenced after the initial effective date of the UniformStatewide Building Code, shall remain subject to the provisions of theUniform Statewide Building Code that were in effect at the time such planswere completed or such construction commenced. Subsequent reconstruction,renovation or demolition of such building or structure shall be subject tothe pertinent provisions of the Building Code.
Acting through the Division of Engineering and Buildings, the Department ofGeneral Services shall function as the building official for any state-ownedbuildings or structures and for all buildings and structures built onstate-owned property. The Department shall review and approve plans andspecifications, grant modifications, and establish such rules and regulationsas may be necessary to implement this section. It may provide for the (i)inspection of state-owned buildings or structures and for all buildings andstructures built on state-owned property and (ii) enforcement of the BuildingCode and standards for access by the physically handicapped by delegatinginspection and Building Code enforcement duties to the State Fire Marshal'sOffice, to other appropriate state agencies having needed expertise, and tolocal building departments, all of which shall provide such assistance withina reasonable time and in the manner requested. State agencies andinstitutions occupying buildings shall pay to the local building departmentthe same fees as would be paid by a private citizen for the services renderedwhen such services are requested by the Department of General Services. TheDepartment of General Services may alter or overrule any decision of thelocal building department after having first considered the local buildingdepartment's report or other rationale given for its decision. When alteringor overruling any decision of a local building department, the Department ofGeneral Services shall provide the local building department with a writtensummary of its reasons for doing so.
B. Notwithstanding the provisions of subsection A and § 27-99, roadwaytunnels and bridges owned by the Department of Transportation shall be exemptfrom the Building Code and the Statewide Fire Prevention Code Act (§ 27-94 etseq.). The Department of General Services shall not have jurisdiction oversuch roadway tunnels, bridges, and other limited access highways; provided,however, that the Department of General Services shall have jurisdiction overany occupied buildings within any Department of Transportation rights-of-waythat are subject to the Building Code.
Roadway tunnels and bridges shall be designed, constructed, and operated tocomply with fire safety standards based on nationally recognized model codesand standards to be developed by the Department of Transportation inconsultation with the State Fire Marshal and approved by the CommonwealthTransportation Board. Emergency response planning and activities related tothe standards approved by the Commonwealth Transportation Board shall bedeveloped by the Department of Transportation and coordinated with theappropriate local officials and emergency services providers. On an annualbasis the Department of Transportation shall provide a report on themaintenance and operability of installed fire protection and detectionsystems in roadway tunnels and bridges to the State Fire Marshal.
C. Except as provided in subsection D of § 23-38.109, and notwithstanding theprovisions of subsection A, at the request of a public institution of highereducation, the Department, as further set forth in this subsection, shallauthorize that institution of higher education to contract with a buildingofficial of the locality in which the construction is taking place to performany inspection and certifications required for the purpose of complying withthe Uniform Statewide Building Code (§ 36-97 et seq.). The Department shallpublish administrative procedures that shall be followed in contracting witha building official of the locality. The authority granted to a publicinstitution of higher education under this subsection to contract with abuilding official of the locality shall be subject to the institution meetingthe conditions prescribed in subsection B of § 23-38.88.
D. This section shall not apply to the nonhabitable structures, equipment,and wiring owned by a public service company, a certificated provider oftelecommunications services, or a franchised cable operator that are built onrights-of-way owned or controlled by the Commonwealth Transportation Board.
(1981, c. 325; 1982, c. 97; 1986, c. 133; 2005, cc. 341, 933, 945; 2010, c.105.)