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The Virginia building code has to be enforced for all structures, even those in the Amish community. Building inspectors from around the region came to that decision after a recent meeting, where several shared problems they run into because of specific communities. That includes Amish construction. 

Charlotte County Building Inspector John Hess organized the meeting with his counterparts to discuss the need to enforce USBC for all buildings to protect the health and safety of those living there.

Hess reported on this meeting during the Aug. 14 Charlotte County Board of Supervisors meeting. He said building officials from Buckingham, Cumberland, Amelia, Nottoway, Campbell, Prince Edward and Charlotte counties took part in the day-long discussion on ensuring across-the-board USBC enforcement.

“We all agree that we must, no matter what the people group is,” Hess said. “It really starts to snowball when you try to do something, you don’t do it for another. By the end of our meeting, we all agreed to follow the codes no matter what.”

He explained to supervisors that the building code does not change for different groups of people.

“I don’t have a code for the Mennonite community in Charlotte County,” Hess said at the meeting. “I don’t have a code for the Muslim community in Charlotte County. And I don’t have a code for the Amish community in Charlotte County.”

Amish construction not up to code

Hess said it’s one code for everyone and Charlotte County does not have one Amish dwelling built to the building code’s minimum standards. 

“Over the past 12 months, I’ve had contractors and homeowners who are doing their own work approach me and say, if the owners don’t have to live by this code, why must we?” he said.

Charlotte County Administrator Dan Witt said this is not an Amish specific issue.

“The USBC is written to protect the health and safety of everyone and the code applies to everyone, of which the Amish are just one group,” Witt explained. “There are those who want to build ‘off-grid’ homes or build a home without following the code; however, USBC compliance is required and will be enforced.”

He stressed this push on enforcement is not singling out a particular part of the community because it is not just an Amish issue.

“The intent is simply to enforce the USBC consistently for all,” Witt said.

Prince Edward County Administrator Doug Stanley said the county enforces the USBC, which regulates the construction and rehabilitation of buildings and structures, along with the equipment within.

“All construction regulated by the Virginia Construction Code must meet the required codes and/or be approved by modification,” Stanley noted.

Virginia law does have minimum sanitation requirements per section R306 of the building code, he said.

“The water supply and sewage disposal system must be approved by the Virginia Department of Health,” Stanley explained. “There are additional illumination and ventilation requirements that must meet the code or the intent of the code through modification.”

The USBC does not require electrical wiring but does require plumbing, Witt said.

“It is my understanding that the installation of plumbing has not been an issue with the Amish community,” he said.

Amish construction doesn’t follow code

During the Charlotte supervisors meeting, Hess told the board that the Amish have refused to follow the state building code, adding they currently have seven homes being built by members of this community.

Hess proposed having the county adopt civil penalties that would help with enforcement of the USBC in Charlotte County. He will work with Witt and the county attorney to develop a proposal for supervisors to consider.

“The board directed me and the building inspector to work with the county attorney to determine the best course of action for enforcement and evaluate whether fines or civil penalties would be the best enforcement tool,” Witt said. “We should have a recommendation to the board for consideration at their Oct. 9 meeting.”

Hess pointed to sections throughout the USBC that state construction and renovations “shall” meet the minimum requirements in the code. That includes Amish construction. 

“So if I go into the code book and look up the meaning for what they consider shall is a mandatory inspection, don’t have a choice if it’s mandatory,” Hess said.

He reviewed some of the updated requirements in the latest version of Virginia’s Uniform Statewide Building Code.

Some of the minimum standards include limiting the hourly air exchange in a house, lighting on stairways, insulation minimums for a home, requirement to have a fire extinguisher in the kitchen and water closet standards.

‘This is not new’ 

Charlotte supervisors unanimously approved a resolution adopting the latest version of the state building code, which just became effective on Jan. 18 of this year.

It is part of the state’s update to address and incorporate changes in current standards and best practices, the resolution states.

“This is not new, the USBC has been in place for many years and is updated by the state every three years,” Witt noted.

He said building officials throughout the region are now supposed to be uniformly enforcing the USBC.

“The Amish are familiar with the USBC, but are challenged to understand that it needs to be enforced consistently for everyone,” he said. “John Hess, Charlotte County building inspector, has already heard that some will comply and there are those who have refused.”