13VAC5-21-10. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Applicant" means a person seeking a certificate from the BHCD.

"BCAAC" means the Building Code Academy Advisory Committee appointed by the BHCD under pursuant to subdivision 7 of §36-137 of the Code of Virginia.

"BHCD" means the Virginia Board of Housing and Community Development.

"Certificate" means a certificate of competence issued pursuant to subdivision 6 of §36-137 of the Code of Virginia concerning the content, application, and intent of specified subject areas of the building and fire prevention regulations promulgated by the BHCD and issued to present or prospective personnel of local governments and to any other persons seeking to become qualified to perform inspections pursuant to Chapter 6 (§36-97 et seq.) of Title 36 of the Code of Virginia, Chapter 9 (§27-94 et seq.) of Title 27 of the Code of Virginia, and any regulations adopted thereunder, who have completed training programs or in other ways demonstrated adequate knowledge.

"Certificate holder" means a person to whom the BHCD has issued a certificate has been issued.

"Code academy" means the Virginia Building Code Academy established under subdivision 14 of §36-139 of the Code of Virginia or individual or regional training academies accredited by DHCD the department pursuant to subdivision 7 of §36-137 of the Code of Virginia.

"DFP" means the Virginia Department of Fire Programs.

"DHCD" "Department" means the Virginia Department of Housing and Community Development.

"SFPC" means the Virginia Statewide Fire Prevention Code (13VAC5-51).

"State Review Board" means the Virginia State Building Code Technical Review Board established under §36-108 of the Code of Virginia.

"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-63).

"VADR" means the Virginia Amusement Device Regulations (13VAC5-31).

B. Words and terms used in this chapter that are defined in the USBC, VADR or SFPC and that are not defined in this chapter shall have the meaning ascribed to them in those regulations unless the context clearly indicates otherwise.

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 16, Issue 20, eff. September 15, 2000; Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.

13VAC5-21-20. Purpose.

The purpose of this chapter is to establish standards for applicants for a BHCD certificate and standards to be used by DHCD the department in the evaluation and determination of a person's eligibility for the issuance of BHCD certificates.

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 16, Issue 20, eff. September 15, 2000; Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.

13VAC5-21-31. Qualification and examination requirements.

A. An applicant for a BHCD certificate in categories associated with the USBC or the SFPC shall provide a written endorsement from the code official or the code official's supervisor in the locality in which they are employed certifying that the applicant complies with the qualification section in the USBC or the SFPC for each type of certificate sought. When the applicant for a BHCD certificate in categories associated with the USBC or the SFPC is a nongovernment employee, the applicant shall provide documentation that the applicant complies with the qualification section in the USBC or the SFPC as it would relate to the applicant's job responsibilities for each type of certificate sought.

B. An applicant for a BHCD certificate in categories associated with the VADR shall provide a written endorsement from the applicant's supervisor or a person having a similar relationship to the applicant certifying that the applicant is generally qualified to conduct activities related to the VADR.

C. Applicants for all BHCD certificates shall provide proof of successful completion of approved examinations for each type of certificate sought, except as provided for in 13VAC5-21-45. DHCD The department shall maintain a list of approved testing agencies and examinations that meet nationally accepted standards for each type of certificate offered. For information on approved testing agencies and examinations contact: DHCD, Division of Building and Fire Regulation the department's Technical Assistance Services Office, 501 N. 2nd St., Richmond, VA 23219, telephone (804) 371-7180.

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.

13VAC5-21-41. Certification categories and training requirements.

A. DHCD shall maintain The department maintains a list of all BHCD certification categories certificates offered and the list shall set sets out the required training necessary to attend and complete to obtain a certificate. This section also contains specific training requirements for some certification categories certificates offered that may be duplicated on the list or that may be in addition to those set out on the list. Alternatives to the training requirements set out in 13VAC5-21-45 shall be permitted for all categories on the list certificates offered except that no alternative shall be accepted for the code academy core module.

For further information on BHCD certification categories and required training, contact: DHCD, Division of Building and Fire Regulation, 501 N. 2nd St., Richmond, VA 23219, (804) 371-7180.

B. Applicants for all BHCD certificates shall attend and complete the code academy core module. In addition to the completion of the core module, applicants for the following categories of BHCD certification certificates are required to attend and complete the following code academy training, except as provided for in 13VAC5-21-45:

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.

13VAC5-21-45. Alternatives to examination and training requirements.

A. An applicant for a BHCD certificate with the written endorsement or documentation required by 13VAC5-21-31 may submit a written request to DHCD the department to approve an equivalent examination by a testing agency not on the list of approved testing agencies maintained by DHCD to satisfy the examination requirements of 13VAC5-21-31. DHCD may request the assistance of BCAAC may be consulted with in any such consideration.

B. Upon written application by any applicant for a BHCD certificate, DHCD may approve request, alternative training or a combination of training, education or experience to satisfy the training requirements of 13VAC5-21-41 may be approved, provided that such alternatives or combinations are determined to be equivalent to that required. However, as provided in 13VAC5-21-41, no substitutions shall be approved for the code academy core module. The types of combinations of education and experience may include military training, college classes, technical schools or long-term work experiences, except that long-term work experiences shall not be approved as the sole substitute to satisfy the training requirements. DHCD may request the assistance of BCAAC may by consulted with in any such consideration.

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.

13VAC5-21-51. Issuance of certificates.

A. Certificates will be issued when DHCD determines an applicant has complied with the applicable requirements of this chapter for the certification sought. Certificate holders will be classified by DHCD as active or inactive. An active certificate holder is a person who is certified and who has attended all periodic training courses designated by DHCD the department subsequent to becoming certified. An inactive certificate holder is a person who is certified but has not attended all such training courses. An inactive certificate holder may request reinstatement from DHCD as an active certificate holder after completing make-up training courses authorized by DHCD the department. DHCD may also issue provisional Provisional certificates may also be issued in accordance with subsection C of this section.

B. All certificates issued by the BHCD since June 1978 are considered to be valid unless revoked or suspended by the BHCD , except that provisional certificates shall remain valid as set out under subsection C of this section.

C. A provisional certificate may be issued by the BHCD to (i) a person who has been directed by the BHCD department to obtain a certificate; (ii) an applicant requesting a certificate under the alternative examination or training provisions of 13VAC5-21-45; or (iii) an applicant when the required DHCD or DFP training has not been provided or offered.

Such a provisional certificate may be issued when the applicant has (i) provided the written endorsement or documentation required by 13VAC5-21-31, (ii) satisfactorily completed the code academy core module, and (iii) completed any training through the code academy or through other providers determined by DHCD to warrant the issuance of the provisional certificate.

The provisional certificate is valid for a period of one year after the date of issuance and shall only be issued once to any individual, except that a provisional certificate shall remain valid when the required DHCD or DFP training has not been provided or offered.

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Volume 24, Issue 14, eff. April 16, 2008.

13VAC5-21-61. Sanctions.

When the BHCD determines a certificate holder has failed to comply with an order issued by the State Review Board or failed to meet the required training or testing requirements, then a warning letter may be issued and kept in records by DHCD for that individual to the certificate holder or a certificate issued under this chapter may be revoked or suspended by the BHCD. A record of any action taken pursuant to this section shall be retained in the training record of the certificate holder.

Statutory Authority

§36-137 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 20, eff. September 15, 2000; amended, Virginia Register Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 3, eff. November 16, 2005; Errata, 22:5 VA.R. 734 November 14, 2005; Volume 24, Issue 14, eff. April 16, 2008.