Regulatory News
Government Relations continues beyond the close of the General Assembly session. HBAV is working year-round with regulatory agencies to ensure that the implementation of new and revised regulations does not negatively impact how you do business. Below you will find links to various state agencies who administer the laws and regulations that affect our industry. From time-to-time you will also see links to pending regulations that HBAV will address with the appropriate agencies in addition to regulatory agency meeting dates and times.
Please feel free to contact Barrett Hardiman, Director of Regulatory Affairs, (804.643.2797 or bhardiman@hbav.com) with your comments regarding any regulations about which you have concerns. HBAV will rely on your expertise to provide intelligent and thoughtful comments to all pending regulations.
Attorney General Says Emergency Regulations Trigger Local Prohibition
In an Opinion dated November 9, 2009, the Attorney General of Virginia, William C. Mims has advised that the Virginia Board of Health, Emergency Regulations, establishing operations, maintenance and monitoring regulations for Alternative Septic Systems will trigger a Prohibition on local governments banning the installation of such systems. The prohibition on local governments will be effective 30 days after the final promulgation of the Emergency Regulations by the Board. It is anticipated that the final regulations will become effective in late December or early January.
November 9th Advisory Opinion of the Attorney General.
Alternative Septic System Emergency Regulations
General Permit Resubmission Due
- Coverage under your old permit will lapse on June 30, 2009. The new permit will become effective on July 1, 2009.
Virginia Department of Conservation and Recreation (DCR)
- Regulates dam safety and dam inundation zone issues, stormwater runoff, and sediment and erosion control.
The Department of Conservation and Recreation (DCR) has released its suggested change items for review. Please find that document attached. The Soil and Water Conservation Board (SWCB) has scheduled a special public hearing to discuss the suggested changes to the proposed stormwater regulation, which will be held on Thursday, September 17th at 9:30 am. The meeting will be held at the MCV Campus Molecular Medicine Research Center, 1220 E. Broad Street, 1st Floor Multipurpose Room, Richmond, VA 23219.
Pending Regulation
Sprinkler Mandate
- BHCD Sample Letter on Sprinkler Mandate
- Fire Officials Hijack ICC Code Process
- 10 Reasons Why Mandating Fire Sprinklers Makes No Sense For Virginia
- Timetable of consideration of the Sprinkler Mandate by BHCD
Pending Regulations
Proposed Stormwater Water Quality Regulations
- DCR's Stormwater Regulations are scheduled to be published in the Virginia Register sometime this spring. A 60 day comment period will follow at which time HBAV will submit industry comments.
Chesapeake Bay Local Assistance Board
- A division of the Department of Conservation and Recreation, CBLAB oversees the development of model local ordinances related to the impact of land use on waters that feed into the Chesapeake Bay.
Pending Regulations
| Phase III of the Local Government Implementation of the Chesapeake Bay Act |
Virginia Department of Environmental Quality (DEQ)
- The Department of Environmental Quality oversees enforcement, permitting and mitigation with relation to environmental standards set for Virginia’s air, soil, groundwater and wetlands.
- The Virginia Department of Health is responsible for those codes related to adequate sewer and water facilities for residential and commercial buildings.
Board of Health - Emergency Regulations for Alternative Onsite Sewage Systems
Pending Regulations
- The Virginia Sewage Handling & Control Board is reviewing maintenance regulations for Alternative Septic Systems. Those regulations should be completed by the end of the year.
Virginia Department of Housing and Community Development (VDH)
- DHCD maintains the Virginia Uniform Statewide Building Code and Fire Prevention Codes which generally track to the International Building Code. The codes are on a rolling revision schedule and are updated every three years.
Pending Regulations
- DHCD has begun its triennial update of the USBC. HBAV is participating in work groups evaluating recent ICC code recommendations.
Virginia Department of Transportation (VDOT)
- VDOT is responsible for the maintenance of the entire primary and secondary street infrastructure in the Commonwealth. They are also the governing body the establishes construction and traffic standards for new subdivision streets.
Pending Regulations
Secondary Street Acceptance Requirements Final Regulation
- The Commonwealth Transportation Board has finialized and adopted the new SSAR Regulation. VDOT is in the process of developing a guidance document for the new regulation. Please follow the link below to the draft guidance document and submit any comments you may have to Barrett Hardiman,Director of Regulatory Affairs.
Department for Professional and Occupational Regulation - Board for Contractors
- The Board for Contractors regulates businesses that construct or improve facilities on property owned by others. The Board is responsible for the licensure of all contractors and administers funds from the Virginia Contractor Transaction Recovery Fund.
HBAV's comment letter on Propsed Fee Increases for Contractor Licensure.
Final License Fee Regulation approved May 19, 2009



