Department Resources

Code Interpretations, Modifications and Appeals

Virginia Uniform Statewide Building Code cover with questions marks all over it

The Virginia Uniform Statewide Building Code (USBC), updated every three years, is a living document that ensures the health, safety and welfare of the public are protected. However, applying the codes can be complex, for instance:

You may find code sections can be confusing or subject to interpretation.
You may encounter instances where the code does not exactly fit your design.
A code official, such as inspector or plan reviewer, may apply a code section in a manner with which you do not agree.

The information below can help you find clarity and bring resolution to your code-related issues.

If a code section requires greater clarification, you should consider purchasing the code commentary. While not enforceable, these stand-alone publications provide the background and intent of each code section for all national codes referenced by the commonwealth of Virginia. You can purchase the commentaries at the International Code Council's online bookstore.

The International Code Council (ICC) also provides free code interpretations for members. For information on membership or to obtain an official code interpretation from ICC's technical staff, call at 1-888-ICC-SAFE. ICC interpretations may be useful to support your circumstance. However, if you seek a more local interpretation, contact the following county officials:

Title	Code Enforced	Contact Information
Building Official	Virginia Construction Code	703-324-5175, TTY 711	Email
Property Maintenance Official	Virginia Maintenance Code	703-324-1300, TTY 711
Fire Marshal	Virginia Fire Code	703-246-4800, TTY 711	Email

The Fairfax County Building Official has the authority to issue a modification to a building code provision provided the proposed change meets the original's spirit and functional intent. Consider applying for a code modification if…

Your project's design or construction does not meet the letter of the building code, but you feel it complies with its intent.
A code provision from an edition of the code that Virginia has yet to adopt better addresses your design or construction.
You have an alternate design, unknown method or new material that is not addressed in the code.

Each modification is unique to a specific project and cannot be construed as a countywide or statewide code interpretation. A code modification is not a variance or a relaxation of a requirement; the Building Official does not have the authority to waive provisions of the code.

To apply for a code modification, register for an account in PLUS.

Upon login, click on “Building” tab
Click on “Create an Application”
Read the disclaimer and click checkbox for “I have read and accepted the terms above”
Click on “Continue Application”
Select “Administrative” to access Code Modification
Click "Code Modification” and click “Continue Application”
Follow the instructions therein to submit your documentation to the Code Official
Supporting documentation can be uploaded, including plans, explanatory letters, manufacturer’s cut sheets, etc., and can be helpful to demonstrate your proposed modification meets the spirit and functional intent of the code

If you have questions regarding the submission process, please visit PLUS Support Center.

The Building Official and the Code Modification Review Committee evaluate the technical merits of the proposed code modification. You will be notified in writing of the final ruling which will be an approval, denial or a conditional approval. If you are not satisfied with the decision of the Building Official, you can request a local appeal.

When a plan review or inspection is failed, a code modification request is denied or a notice of violation is issued, you can appeal to the Local Board of Building Code Appeals (LBBCA).

The local board, appointed by the Fairfax County Board of Supervisors, has varying areas of expertise and experience as architects, engineers or builders. No Fairfax County employee can serve as a member of the local board.

Any person aggrieved by the local building department’s application of the USBC or the refusal to grant a code modification to the provisions of the USBC may appeal to the LBBCA.

To apply for a building code appeal, register for an Account in PLUS.

Upon login, click on “Building” tab
Click on “Create an Application”
Read the disclaimer and click checkbox for “I have read and accepted the terms above”
Click on “Continue Application”
Select “Administrative” to access Code Appeal
Click "Code Appeal” and click “Continue Application”
Follow the instructions therein to submit your documentation to the LBBCA
Supporting documentation can be uploaded, including plans, explanatory letters, manufacturer’s cut sheets, etc., and can be helpful to demonstrate your justification for your appeal

If you have questions regarding the submission process, please visit PLUS Support Center.

Requests must be submitted within the following time frames from receipt of a denied code modification, notice of violation or alike.

30 calendar days for new construction.
14 calendar days for property maintenance.
14 calendar days for fire code.
14 calendar days for amusement devices.

Failure to submit a request for an appeal within the time limit above will constitute acceptance of the code official's decision.

Board hearings take place monthly in Fairfax. The secretary to the local board will contact you regarding the status of your appeal prior to the hearing date. To contact the secretary, call 703-631-5101, TTY 711.

Hearings are open to the public where the Local Board will hear testimony from the appellant, the code official or any person whose interests may be affected by the appeal. You or your representatives should attend the meeting; failure to show up at the hearing does not postpone or cancel the appeal.

After testimony, the local board will deliberate and render a decision which you or the code official must take immediate action to comply with or request a statewide appeal.

If you are not satisfied with the decision of the Local Board of Building Code Appeals, you may appeal to the State Building Code Technical Review Board in Richmond. Appeal requests must be made within 21 calendar days of the receipt of the resolution of the local board. Application forms and more information are available or call 804-371-7150, TTY 711.

Note: Fairfax County can also appeal the local board's decision. If this is the case, you are expected to appear in Richmond to defend your original appeal.

Board of Building and Fire Prevention Code Appeals Next Meetings

Next Hearing Date:

Feb. 14, 2024, at 10 a.m.

Location:

12055 Government Center Parkway
Suite 941
Fairfax, VA 22035

Past Meetings:

July 12, 2023

CDAPPL-2023-00008 - 14641 Lee Hwy, Ste 207
CDAPPL-2023-00009 - 1441 Layman Street, Parcel 0311090042

June 14, 2023

CDAPPL-2023-00006 - 7108 Centreville Rd (Continuation)
CDAPPL-2023-0001 - 2854 Fairmont Street - New Building
CDAPPL-2023-00004 - 13893 Willard Rd – DC Wheel & Coating

May 10, 2023

CDAPPL-2023-00006 - 7108 Centreville Rd

March 8, 2023

CDAPPL-2022-00008 - 4700 Randolph Drive
CDAPPL-2023-00002 - 2405 Parkers Lane

To request this information in an alternate format, call Jennifer Josiah, LDS, 703-324-3013, TTY 711.

More Past Hearings

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Code Interpretations, Modifications and Appeals