(a) The purpose of this chapter is to safeguard life and limb, property, and public welfare, through the establishment of minimum building requirements for structural strength and stability.
(b) Application. (1) General—The provisions of this chapter shall apply to the design, materials and methods, and to the construction, alteration, reconstruction, removal, and demolition of every structure located in the Virgin Islands;(2) New Buildings—All new buildings and/or structures constructed after May 1, 1964, shall be required to conform with its provisions;(3) Existing Buildings—After May 1, 1964, all existing buildings and/or structures enlarged, altered, or reconstructed, shall be so enlarged, altered, and reconstructed as to conform with the provisions of this chapter for new buildings, except as otherwise expressly provided for in this chapter. Refer to Section 310 for additional requirements for existing building.
(1) General—The provisions of this chapter shall apply to the design, materials and methods, and to the construction, alteration, reconstruction, removal, and demolition of every structure located in the Virgin Islands;
(2) New Buildings—All new buildings and/or structures constructed after May 1, 1964, shall be required to conform with its provisions;
(3) Existing Buildings—After May 1, 1964, all existing buildings and/or structures enlarged, altered, or reconstructed, shall be so enlarged, altered, and reconstructed as to conform with the provisions of this chapter for new buildings, except as otherwise expressly provided for in this chapter. Refer to Section 310 for additional requirements for existing building.
(c) Scope. This chapter does not cover all possible types of construction, design, materials and methods, and it is not the intent of this chapter to limit building to the types of construction design, materials and methods specifically covered herein. It is intended, basically, to assure that accepted engineering practice following nationally recognized consensus based codes and standards is employed in the execution of designs, that materials used are suitable for their intended use, and that good construction practices are followed. Therefore, for types of construction, design, materials, and methods not specifically covered in this chapter, it shall be generally necessary only to demonstrate compliance with the aforementioned principles. Nationally recognized consensus based codes and standards shall be used by the Commissioner as a basis for determining the acceptability of a design, material, or method not specifically covered in this chapter.
(d) Adoption of Building Codes and Standards. The building codes and standards adopted in Section 292a shall be applicable to new building and structure and existing buildings and structures. Each subsequent edition of the codes shall become effective six months after publication. The Commissioner shall publish notice of the adoption of subsequent editions of the codes not less than three months before the effective date.
(e) Commissioner Duties. The Commissioner, or his designee is authorized to perform the duties and powers of the building official as defined in the International Building Code, International Residential Code, International Energy Conservation Code and associated codes and standards. The Commissioner shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Commissioner.
(f) Additional requirements. The Commissioner, on his own initiative, or at the request of any interested party, may determine in special cases any additional requirements necessary for the strength or stability of any building or structure to include higher earthquake wind, and flood standards, as applicable, not specifically covered by this chapter; provided that such additional requirements shall not be arbitrarily determined and shall be in the public interest. The details of the additional requirements shall be recorded and entered into the files of the Permitting Office and shall be promulgated in regulations in accordance with law.
(g) Projects sponsored by public entities. The Commissioner may vary the requirements of this chapter for public projects or other projects related directly to the public interest, such as a housing project, school, public building, a health facility, or other similar project, when it is deemed justified for the general welfare and convenience of the community. Where such projects are located in a special flood hazard area, prior to granting a variance to provision in the Building Code for flood resistant construction, the Commissioner shall satisfy the requirement for variances specified in Appendix G of the International Building Code, as amended by this chapter. Where the contract for the erection of a public facility or a structure directly related to the public interest is to be awarded after competitive bidding, the Commissioner shall issue an order describing the variance and include the order among the bid documents submitted to interested bidders. In all other cases, the Commissioner shall file an order describing the variance with the Division of Comprehensive and Coastal Zone Planning, Division of Coastal Zone Management Office of State Historic Preservation, Division of Environmental Protection and Division of Permits and attach copies thereof to the plans approved and distributed in accordance with the procedure set forth in section 295(b)(3) of this title. The order describing the variance shall set forth the reason for authorizing a variance from the requirements of this chapter, and variances granted under this subsection shall in no case reduce the structural capability and safety of the facility.
(h) Notwithstanding the provisions of any other law, the Commissioner shall resolve any and all discrepancies between the codes adopted and incorporated by reference herein, or any portion thereof, and any other provision of the Virgin Islands Building Code, and when such discrepancies involve building standards, the Commissioner shall apply the higher standard, and shall further have the authority to define all applicable terms by rules and regulations, unless any such term has been previously defined within this chapter.(1) The Commissioner shall consider each edition of the codes adopted in Section 292a subsequent to the 2018 editions as the basis on which to consider amendments.(2) The Commissioner shall consider only amendments that do not reduce the structural integrity and safety of buildings.(3) The Commissioner shall consider only amendments that are determined to be in the best interests of the territory.(4) Amendments to the code shall be provided in writing, published and available to the public for reference at least 90 days prior to the date the codes are effective.
(1) The Commissioner shall consider each edition of the codes adopted in Section 292a subsequent to the 2018 editions as the basis on which to consider amendments.
(2) The Commissioner shall consider only amendments that do not reduce the structural integrity and safety of buildings.
(3) The Commissioner shall consider only amendments that are determined to be in the best interests of the territory.
(4) Amendments to the code shall be provided in writing, published and available to the public for reference at least 90 days prior to the date the codes are effective.
(i) Notwithstanding the provisions of any other law, the Commissioner shall have the authority to adopt and incorporate by reference through rules and regulations any subsequent amendments to the standardized codes, or portions thereof, adopted and incorporated by reference in this chapter.