ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Wednesday, January 22, 1997            TAG: 9701220029
SECTION: VIRGINIA                 PAGE: C-3  EDITION: NEW RIVER VALLEY 
DATELINE: RICHMOND
SOURCE: Associated Press 


3-YEAR LIMIT PROPOSED FOR BUILDER CITATIONS

A proposal submitted to Virginia's housing board would require homeowners rather than builders to fix construction flaws found in houses three or more years after occupancy.

The proposed change in the Uniform Statewide Building Code was submitted last week to the Board of Housing and Community Development. But its timing a few days after the end of a 30-day public comment period for such changes raised questions about whether it can be considered.

``It doesn't seem to be the right thing to do,'' said Anne Woodruff, a Louisa County woman who has been trying for several years to get problems with her home cited by local building officials. ``It's not ethical.''

However, a housing board spokeswoman said procedural requirements were met. The board will meet Monday to adopt or reject the proposal after the board's codes and standards committee reviews it this week.

If adopted, the change would go into effect in April.

The proposed requirement on homeowners in the code's notice-of-violation section was submitted by the State Building Code Office, said Norman Crumpton, associate director of the office.

Crumpton said the proposal is designed to make the building code consistent with laws limiting the time that builders may be prosecuted for violations. It would ``provide closure to the builder,'' he said.

But Robert Olsen, a founder of the lobbying group Homeowners for Better Building, said builders shouldn't be let off the hook so easily.

``How can you make the homeowner responsible for [new construction] violations? That's ridiculous,'' he said.

Olsen and other homeowners support Virginia's existing violation notice rules. Those rules say citations must be served on the person responsible for the violation, and no time limit is given.

The housing board also has been considering a proposal by the Home Builders Association of Richmond for a three-year limit on when code violations could be cited by local building inspectors. Neither homeowners nor builders would face citations after three years.

``This is the most straightforward and clear language that has ever been proposed,'' said Bambi Davidson, director of governmental affairs for the builders' group.

But homeowners argue that Virginia's implied warranty on home foundations is five years.


LENGTH: Medium:   52 lines
KEYWORDS: GENERAL ASSEMBLY 1997 













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