HD28 - Virginia Farm Buildings and 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. The 1999 General Assembly continued the Board's study through calendar year 1999 (House Joint Resolution 809).

In order to assure a comprehensive study considering the full range of 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 in Virginia. Advisory committee members met in Richmond on seven separate occasions to discuss issues related to farm building regulation and public safety. A listing of the Advisory Committee members is provided in Appendix 4 of this report.

The Board, its advisory committee, and staff of the Department of Housing and Community Development 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. The advisory committee was not able to reach a consensus or agree to a recommendation to present to the Board. Consequently, several of the interest groups represented on the advisory committee submitted individual legislative proposals for the Board to consider.

The Board carefully considered each of the proposed recommendations submitted by the above listed parties as well as other public comments received. There was general agreement by all parties that there is a need for building safety requirements for facilities opened to the general public that are used for retail trade. In order to provide for adequate public safety while also protecting small farm retail operations from new regulatory requirements, the Board recommends that any farm building or structure (or portion of a farm building or structure) that has over 2000 square feet used for retail trade or the sampling of products comply with the Uniform Statewide Building Code. The Board recommends that the sale of live animals not be considered "retail trade" under this statute.

The Board also recommends that farm buildings or structures used for assembly purposes by the general public also comply with safety provisions contained within the Uniform Statewide Building Code. Specifically, the Board recommends that any farm building or structure (or portion of a farm building or structure) used by the general public for any type of public assembly where 75 or more persons are present at any one time be required to comply with the Uniform Statewide Building Code.