- Heating: Generally, landlords in Virginia are required to heat a building to maintain a minimum of 68 degrees from October to May. Reference: Virginia Uniform Statewide Building Code, Virginia Maintenance Code Section 602 - VUSBC.
- We’re aware some landlords have chosen to read this as "turn the heat on in October and do not turn it off until May" - that is not correct nor is it a requirement of state law. If the outside temperature changes, there is no requirement that the heat run beyond what’s required to heat a building to 68F. See the below code section:
602.2 Heat supply.
Every owner and operator of a Group R-2 apartment building or other residential building who rents, leases, or lets one or more dwelling unit, rooming unit, dormitory, or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to May 1 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms. The code official may also consider modifications as provided in Section 104.5.2 when requested for unusual circumstances or may issue notice approving building owners to convert shared heating and cooling piping HVAC systems 14 calendar days before or after the established dates when extended periods of unusual temperatures merit modifying these dates.
Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
602.2.1 Prohibited use.
In dwelling units subject to Section 602.2, one or more unvented room heaters shall not be used as the sole source of comfort heat in a dwelling unit.
- Air Conditioning: This is not a requirement. However, if it is provided by the landlord as requirement under the lease agreement, it must be maintained in full operating condition from May 15 to October 1, and maintain a temperature of no more than 80 F (27 C) in all habitable rooms.
602.4 Cooling supply. Every owner and operator of a Group R-2 apartment building who rents, leases, or lets one or more dwelling units, rooming units, or guestrooms on terms, either expressed or implied, to furnish cooling to the occupants thereof shall supply cooling during the period from May 15 to October 1 to maintain a temperature of not more than 77°F (25°F) in all habitable rooms. The code official may also consider modifications as provided in Section 104.5.2 when requested for unusual circumstances or may issue notice approving building owners to convert shared heating and cooling piping HVAC systems 14 calendar days before or after the established dates when extended periods of unusual temperatures merit modifying these dates.
Exception: When the outdoor temperature is higher than the summer design temperature for the locality, maintenance of the room temperature shall not be required provided that the cooling system is operating at its full design capacity. The summer outdoor design temperature for the locality shall be as indicated in the IECC.
- As noted in VA Code 602, the Local building official is authorized to modify this requirement within 14 days of the switchover date (i.e. A Code Modification Request)
- From our experience, the challenge for Building Managers is that the cutoff/switchover date is a balancing act between keeping all residents happy and meeting code requirements. They (Building Manager/Owner) can request a modification from the Building Official, but are generally not inclined to do so because then they are assuming the responsibility for determining what is comfortable and agreeable to their residents.
- Instead, what we find is that managers and owners defer to Code, which is clear that heat shall be supplied during those periods.
- Supplying heat only to meet the 68* threshold can be a problem for older buildings systems which are not easily turned off/on, and that process can take a day or more before the entire system has cleared and heat is no longer actively supplying the units.
- We encourage residents to speak with their landlord/property manager to discuss concerns and options.