HD17 - The Marketing and Sale of Agricultural Products in Farm Structures and the Uniform Statewide Building Code


Executive Summary:
The 1998 General Assembly passed House Bill 935 (Chapter 755 of the 1998 Acts of Assembly) directing the Board of Housing and Community Development (the "Board") to study the use of Virginia farm buildings and structures in the marketing and sale of agricultural goods and services. The bill also directed the Board to determine the feasibility and appropriateness of establishing certain requirements under the Uniform Statewide Building Code for farm buildings and structures used in marketing and sales activities to protect public health and safety.

In order to assure a comprehensive study considering the full range issues and impacts of regulating farm buildings to protect public health and safety, the Board established an advisory committee composed of Virginia building and fire safety officials and persons representing various agricultural enterprises and organizations. Advisory Committee members met in Richmond on three separate occasions to discuss issues related to farm building regulation and public safety. A listing of the Advisory Committee members is provided in Appendix C of this report.

During 1998, the Board of Housing and Community Development, its Advisory Committee on the Farm Building Study and staff of the Department of Housing and Community Development have conducted research, gathered information through statewide and interstate surveys and convened meetings to consider the issue of public safety in farm buildings and structures and the impact of requiring building safety requirements in farm buildings. This process identified key issues related to farm businesses and public safety that require additional information, analysis and consideration. The Board therefore recommends that the study of farm buildings pursuant to House Bill 935 (1998) be continued during 1999. The Board will report its findings and final recommendations to the Governor and the 2000 Session of the General Assembly. During 1999, the study of farm buildings and public safety and will include the following:

1. Additional Meetings:

The Board will reconvene the Advisory Committee to continue discussions among farm industry representatives and building and fire safety officials, leading to the development of a definition of the terms "farm" and "public use." This would assist in establishing criteria for determining when a building or structure is no longer used primarily for farm purposes.

2. Additional Information:

Obtain additional information and documentation on property losses personal injuries, or deaths occurring in Virginia farm buildings during the last ten years.

3. Possible Site Visits:

To obtain a better understanding of the broad range of business activities taking place in farm buildings in Virginia several farm operations where public use and assembly currently take place may be visited.

Therefore, it is the recommendation of the Board to amend to the third enactment of House Bill 935 (1998) as follows:

3. That the Board of Housing and Community Development (the Board) shall study the use of Virginia farm buildings and structures in the marketing and sale of agricultural goods and services. In conducting its study, the Board shall seek the input and expertise of agricultural enterprises and organizations, local building code officials, and other interested parties. The Board shall determine the feasibility and appropriateness of establishing certain requirements under the Uniform Statewide Building Code for farm buildings and structures used in such marketing and sales activities to protect the public health and safety. The Board shall report its findings and recommendations to the Governor and the 2000 Session of the General Assembly.