# 13 Va. Admin. Code § 5-63-40: 13VAC5-63-40. Section 104 Enforcement, generally > Virginia · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_40 ## Section - **Citation:** 13 Va. Admin. Code § 5-63-40 - **Heading:** 13VAC5-63-40. Section 104 Enforcement, generally - **Jurisdiction:** Virginia - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Virginia Administrative Code / Title 13 Housing / Agency 5 Department of Housing And Community Development / Chapter 63 / 13VAC5-63-40 ## Text A. Section 104.1 Scope of enforcement. This section establishes the requirements for enforcement of the USBC in accordance with § 36-105 of the Code of Virginia. Enforcement of the provisions of the USBC for construction and rehabilitation shall be the responsibility of the local building department. Whenever a county or municipality does not have such a building department, the local governing body shall enter into an agreement with the local governing body of another county or municipality or with some other agency, or a state agency approved by DHCD for such enforcement. For the purposes of this section, towns with a population of less than 3,500 may elect to administer and enforce the USBC; however, where the town does not elect to administer and enforce the code, the county in which the town is situated shall administer and enforce the code for the town. In the event such town is situated in two or more counties, those counties shall administer and enforce the USBC for that portion of the town situated within their respective boundaries. However, upon a finding by the local building department, following a complaint by a tenant of a residential dwelling unit that is the subject of such complaint, that there may be a violation of the unsafe structures provisions of Part III of the Virginia Uniform Statewide Building Code, also known as the "Virginia Maintenance Code," or the "VMC," the local building department shall enforce such provisions upon a finding by the local building department, following a complaint by a tenant of a residential dwelling unit that is the subject of such complaint, that there may be a violation of the unsafe structures provisions of Part III of the Virginia Uniform Statewide Building Code, also known as the "Virginia Maintenance Code," or the "VMC," the local building department shall enforce such provisions. If the local building department receives a complaint that a violation of the VMC exists that is an immediate and imminent threat to the health or safety of the owner, tenant, or occupants of any building or structure, or the owner, occupant, or tenant of any nearby building or structure, and the owner, occupant, or tenant of the building or structure that is the subject of the complaint has refused to allow the local building official or his agent to have access to the subject building or structure, the local building official or his agent may make an affidavit under oath before a magistrate or a court of competent jurisdiction and request that the magistrate or court grant the local building official or his agent an inspection warrant to enable the building official or his agent to enter the subject building or structure for the purpose of determining whether violations of the VMC exist. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by § 19.2-54 of the Code of Virginia. After executing the warrant, the local building official or his agents shall return the warrant to the clerk of the circuit court of the city or county wherein the inspection was made. The local building official or his agent shall make a reasonable effort to obtain consent from the owner, occupant, or tenant of the subject building or structure prior to seeking the issuance of an inspection warrant under this section arrant, the local building official or his agents shall return the warrant to the clerk of the circuit court of the city or county wherein the inspection was made. The local building official or his agent shall make a reasonable effort to obtain consent from the owner, occupant, or tenant of the subject building or structure prior to seeking the issuance of an inspection warrant under this section. The local governing body shall, however, inspect and enforce the provisions of the VMC for elevators, escalators, and related conveyances, except for elevators in single-family and two-family homes and townhouses. Such inspection and enforcement shall be carried out by an agency or department designated by the local governing body. B. Section 104.2 Interagency coordination. When any inspection functions under this code are assigned to a local agency other than the local building department, such agency shall coordinate its reports of inspection with the local building department. ## Nearby sections - [13 Va. Admin. Code § 5-63-10 13VAC5-63-10. Chapter 1 Administration; Section 101 General](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_10.md) - [13 Va. Admin. Code § 5-63-20 13VAC5-63-20. Section 102 Purpose and scope](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_20.md) - [13 Va. Admin. Code § 5-63-30 13VAC5-63-30. Section 103 Application of code](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_30.md) - [13 Va. Admin. Code § 5-63-40 13VAC5-63-40. Section 104 Enforcement, generally](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_40.md) - [13 Va. Admin. Code § 5-63-50 13VAC5-63-50. Section 105 Local building department](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_50.md) - [13 Va. Admin. Code § 5-63-60 13VAC5-63-60. Section 106 Powers and duties of the building official](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_60.md) - [13 Va. Admin. Code § 5-63-70 13VAC5-63-70. Section 107 Fees](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_70.md) - [13 Va. Admin. Code § 5-63-80 13VAC5-63-80. Section 108 Application for permit](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_80.md) - [13 Va. Admin. Code § 5-63-90 13VAC5-63-90. Section 109 Construction documents](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_90.md) - [13 Va. Admin. Code § 5-63-100 13VAC5-63-100. Section 110 Permits](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_100.md) - [13 Va. Admin. Code § 5-63-110 13VAC5-63-110. Section 111 RDP services](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_110.md) - [13 Va. Admin. Code § 5-63-120 13VAC5-63-120. Section 112 Workmanship, materials and equipment](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_120.md) - [13 Va. Admin. Code § 5-63-130 13VAC5-63-130. Section 113 Inspections](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_130.md) - [13 Va. Admin. Code § 5-63-140 13VAC5-63-140. Section 114 Stop work orders](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_140.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_13_5_63_40. 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