Code Modification

Recognizing the need for codes to be flexible, the Virginia Uniform Statewide Building Code, provides for Code Modifications and appeals. The Guidelines for modifications are found in the 2003 USBC, section 106.3.

Parties desiring a code modification are to submit a written request to the Building Official. The initial decision of whether or not to issue a code modification lies solely with the Building Official. The USBC requires that a code modification meets two test; the request must meet the "sprit and intent" of the code, and public "health, safety and welfare" must be assured.

Code modifications requests may be made by either the property owner, tenant, contractor, or some other party directly associated with a particular permit or project. While the code does not dictate the use of a specific form. The City of Winchester, for the purposes of consistency, encourages applicants to use the Code Modification Request form provided. (To Download form, click here)

Applicants should provide complete background information about the circumstances associated with their request, a concise explanation of why exact compliance with the code isn't possible, and how their alternative meets the two tests of the code.

A Code modification becomes part of the permanent record of a building or structure, and is recorded on the Certificate of Use and Occupancy issued for a particular structure

Appeals Local Level

Appeals of code decisions, including plan reviews, Notices of Code Violations, and denial of code modification request, can be made to the Winchester Building Code Board of Appeals (BCBA).

Parties wishing to file an appeal to the BCBA, should contact the BCBA secretary, indicating their desire to appeal. An appeals form will be provided, or may be downloaded from this site. Appellants should understand that the same criteria used in evaluating code modification requests will be applied during the appeal process.