Virginia's 2021 Code Development Cycle |
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Earlier this year, the Virginia Board of Housing and Community Development began the process of adopting Virginia's next building code (the "2021 Code").
Over the last several months, the HBA of Virginia has represented the housing industry at 41 code hearings, reviewed over 180 code proposals, and provided testimony and written public comment in support and opposition of the proposals that affect single- and multi-family builders' ability to met the demand for new housing at all price points.
The Board of Housing and Community Development met on October 3rd to cast their first (but arguably, most important) vote on the proposals that have been submitted this year. Continue reading below to learn more about what the Board voted on, including some of the proposals that they voted to "disapprove":
- Prohibiting natural gas in homes
- Increase wall insulation requirements to R-30 or R20+5
- Require new residential structures to use "bird friendly glass" approved by the American Bird Conservancy, which the vast majority of manufacturers either do not have available or would require a custom order with a 4-8 month lead time at a cost of approximately $1,900 per window.
While the final adoption of Virginia's 2021 Code won't occur until mid-2023, the Board meeting (and their votes on the proposals) provided the housing industry with invaluable insight into what will be adopted into the 2021 Code and what will likely not be adopted. The Board meeting also provided assurance that common-sense improvements to the code and housing affordability will be the Board's top priority for the 2021 Code.
Continue reading below to learn more about the Virginia Uniform Statewide Building Code, the 2021 Code Development Cycle, and an overview of the code requirements that were approved and disapproved by the Board earlier this month.
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Background on Virginia's Building Code and Adoption Process
Building codes are established to ensure a baseline standard of building design, construction, and operation for all single-family and multi-family structures; they also play a vital role in protecting public health and safety, and can have a substantial impact on housing affordability.
Although the International Code Council (ICC) develops a “model code”, every state in the country is responsible for establishing their own code adoption process and building code.
For example, Virginia’s building code (known as the Virginia Uniform Statewide Building Code) is adopted at the state level and must be implemented by every locality. With a few exceptions, the Virginia Uniform Statewide Building Code (VA USBC) supersedes any building code and regulation adopted by a local government.
Other states – like Maryland – allows localities to adopt their own building code, leading to a patchwork of regulatory requirements which increase the complexity and cost of residential development projects. (*More information about the benefits of a statewide code vs. local code to the right*)
Virginia's building code is updated every three years through a regulatory process which has received national accolades for its transparency and efficiency.
It has also consistently been ranked 1st or 2nd by the Insurance Institute for Business & Home Safety (IBHS), which evaluates building code enforcement and administration, and contractor licensing in the 18 states most vulnerable to catastrophic hurricanes along the Atlantic and Gulf coasts.
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The Benefits of Statewide Building Codes vs. Local Building Codes |
Virginia adopts a statewide building code which supersedes any building code or ordinance adopted by a local government. However, there are states that allow each locality to adopt a building code that exceeds the state's building code ("locally adopted codes") which increases the cost and complexity of the construction process.
In those states, builders and architects must invest significant time and resources into understanding (and implementing) the unique code requirements of every jurisdiction. The varying code requirements also make it extremely difficult to achieve economies of scale in design, production, and purchase of building materials.
Locally adopted building codes also present challenges for the localities responsible for developing and updating them. The code development process is time and resource intensive. It requires a diverse group of local stakeholders who are willing to dedicate countless hours reviewing highly technical information and drafting code language. Localities will also incur additional expenses to train their plan reviewers and inspectors on the portions of their code which exceed the state's building code.
Over the last several years, legislation has been introduced during the General Assembly Session to allow localities to adopt their own building codes. The HBA of Virginia has successfully defeated these bills because of the significant impact they would have on housing affordability.
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What is the "2021 Code Development Cycle"? |
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The 2021 Code Development Cycle is the state regulatory process used to evaluate and adopt Virginia's next building code, known as the "2021 Code". The code is updated on a three year cycle (2018 Code, 2021 Code, 2024 Code, etc)
During the early stages of the process, any individual or organization from Virginia (and recently, the U.S.) is able to submit proposals through the cdpVa platform to amend any of Virginia's code books (Construction Code, Residential Code, Existing Building Code, Statewide Fire Prevention Code, Energy Conservation Code, Mechanical Code, Electrical Code, Maintenance Code).
All code proposals are eventually reviewed and debated by the "workgroups" and the Board of Housing and Community Development.
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2018 Virginia Building Code
The 2018 Virginia Code became mandatory in July 2022, meaning that all building permits submitted after that date must be compliance with the 2018 Code.
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Who is Responsible for Reviewing and Adopting Amendments to the Virginia Building Code? |
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Virginia’s code development process relies heavily on “workgroups”, which are established by the Department of Housing and Community Development (“DHCD”) to review code proposals. Each workgroup is focused on a specific topic or code book and are comprised of local building officials, fire services professionals, energy efficiency advocates, environmental organizations, and many others, including the HBA of Virginia.
During the workgroup meetings, the HBA of Virginia provides comments in support or opposition to the proposals that impact single-family or multi-family builders. Our positions are developed based on the feedback that we receive from our Codes and Standards Committee and members across the Commonwealth.
The workgroups discuss and hear testimony in support and opposition of each proposal, evaluate potential amendments, and ultimately vote to provide a recommendation (consensus for approval, non-consensus, or consensus for disapproval) to the Board of Housing and Community Development. In the end, the Board has the final say on whether a proposal is adopted or not.
The Virginia Board of Housing and Community Development is the state regulatory body responsible for adopting amendments to the Virginia Uniform Statewide Building Code (“USBC”). The Board is comprised of 14 members, 11 of whom are appointed by the Governor. The Board member’s terms are staggered, which means that the Board is often comprised of appointees made by several Governors.
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What's the Status of the 2021 Code Development Cycle? |
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Over the last several months, the workgroups have met 41 times and reviewed nearly 200 code proposals. On October 3rd, the Board met to review the proposals and the workgroup’s recommendations - but most importantly – to cast their first vote on the package of proposals.
Although there will be several additional meetings and public comment periods prior to the final adoption of the 2021 building code, the Board’s votes on the code proposals provided assurance that they will prioritize common-sense improvements to Virginia’s building code and housing affordability during this code cycle.
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Which Proposals Were Approved or Disapproved by the Board? |
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The Department of Housing and Community Development is compiling the “official” list of approved and disapproved proposals, which we will distribute to our members. In the meantime, we have compiled an unofficial list of the proposals that were approved and disapproved by the Board.
Overview of Defeated Proposals:
- Requirement to have sprinklers (NFPA-13D or P2904) in all new one- and two-family homes and townhouses
- Increase wall insulation to R-30 or R20+5
- Requirement for all new residential structures to utilize bird friendly glass
- Full adoption of the 2021 International Energy Conservation Code
- Requirement for protection on the underside of floor systems with ½” drywall, 5/8” wood structural panels, or equivalent, if the floor systems are not required to be fire-resistance rated by other sections of the code
- Increase air tightness from 5ACH to 3ACH
- Require thermostats/tanked water heaters to be supplied with demand responsive controls
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EV Ready/Capable garages in SF homes; EV infrastructure for townhomes/multi-family
- Requirement for all-electric residential and commercial buildings; Requirement for infrastructure to facilitate future conversion to all-electric
- Prohibit the use of on-site combustion of fossil fuels as the primary heat source in new residential construction
- Require installation of electrical infrastructure to facilitate future conversion to an all-electric building, should the owners decide to do so in the future
- Require gas water heaters, dryers, and cooking equipment in residential buildings to be provided with electrical infrastructure for potential future conversion to electric, if the owners decide to do so
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The regulatory process requires several additional Board meetings and public comment periods, which will occur over the next ten months. The following dates are tentative and subject to change:
August 2023: The Board will likely take “final action” on the 2021 Code
December 2023: The 2021 Building Code becomes “effective”– however, there is a one-year “grace period”, meaning applicants have the discretion apply for permits using the 2018 Virginia USBC or the 2021 Virginia USBC.
December 2024: The 2021 Building Code becomes “mandatory” (one year after becoming “effective”.
The full entire schedule for the 2021 Code Development Cycle can be found here. |
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