CPHD
Code Modifications
If your building construction has been disapproved by an inspector, or your building design plans have been disapproved by a plan reviewer, or a construction code violation has otherwise been identified, and you cannot practically correct the deficiency, you may formally request a code modification. Please understand that the modification process is the solution of last resort and that approval of requests is not guaranteed. You should always first attempt to work with the code official(s) and/or other professional consultants, to find code conforming alternatives that would provide equivalent safety.
To request a code modification, you must fill in the Code Modification Request form completely, citing the specific code/regulation/standard (Virginia Uniform Statewide Building Code, IBC, IRC, IMC, IFGC, IPC, IPMC, IECC, NEC, NFPA, etc.) for which you seek the modification and the relevant chapter/section/subsection number. Modification requests must be based on practical difficulty in achieving code conformance and should include proposed alternative methods and/or materials that would provide an equivalent level of safety and protection. A self-imposed hardship generally will not be accepted as a basis. Explain as clearly and completely as possible the nature of the code violation, the practical difficulty in complying with the requirements, the extent of modification requested, and what compensatory protection or equivalent safety you would provide to offset deficiencies. When submitting the request, you should document your case with plans, details, technical data, etc., to illustrate the nature and extent of the code deficiency; photographs of existing conditions may also be included as exhibits.
Fees are required for modification requests regardless of the outcome of the request. Currently, the fee for a residential modification request is $54.00 and the fee for a commercial modification request is $217.00. Both fees are subject to the same tax and surcharges as permits, which are currently a cumulative 27%. Fees must be paid at the time of submission of the modification request. Requests unaccompanied by the full payment of the associated fees will not be accepted.
Depending on caseloads, and unless additional information is needed from the applicant, a written decision signed by the Building Official will be prepared in about one week and mailed to the applicant.
If your modification request is denied you may appeal this decision to the Arlington Board of Building Code Appeals (ABBCA) per §119 of the Virginia Uniform Statewide Building Code (VUSBC). Please see the Appeal Process for additional information.
If you have further questions regarding the modification or appeals process, please call 703-228-3800.
