§ 61-1-2. Definitions.

For the purposes of this Chapter and the USBC, as amended, unless the context shall otherwise clearly require, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Addition to Single Family Dwelling.

Addition shall include any new construction to an existing principal residential structure that neither exceeds 100% of the existing gross floor area of the above grade finished area nor includes the demolition of more than 50% of the existing above grade finished area as defined by the ANSI Z765-2003 standard. The ANSI Standard defines "Above Grade Finished Areas" as "[T]he sum of finished areas that are entirely above grade," excluding any finished area that is either wholly or partially below grade. Unless otherwise prohibited by the Virginia Uniform Statewide Building Code, construction that exceeds either of these parameters shall be deemed construction of a new house, and the entire structure shall be subject to all applicable codes and ordinances required for a new house, including utilities, and shall require the issuance of a new Residential Use Permit prior to occupancy.

Board shall mean the Fairfax County Board of Building Code Appeals, established pursuant to the Virginia Code.

Board of Supervisors shall mean the Fairfax County Board of Supervisors.

Building Official shall mean that individual, or his duly appointed representative, appointed by the Director of Land Development Services, charged with the administration and enforcement of the USBC, as the Code Official, and the Code of the County of Fairfax, Building, Electrical, Mechanical, Plumbing and Gas Provisions.

Certificate of use and occupancy shall mean the permits described in the Zoning Ordinance of this Code, as amended, including but not limited to residential use permits and nonresidential use permits, and shall also mean, for residential use permits, final inspection approval(s) as described in the USBC. Unless a new residential or nonresidential use permit is otherwise required by the Zoning Ordinance, said final inspection approval(s) shall serve as the certificate of use and occupancy for any addition or alteration to a structure for which a certificate of use and occupancy has already been issued and no change of use has occurred.

Contractor shall mean home improvement contractor as defined in this Chapter.

Equipment shall include appliances.

Fire Official shall mean the Fairfax County Fire Marshal, as designated in the Code of the County of Fairfax, Chapter 62, Fire Prevention Code, or his duly authorized representative, charged with the administration and enforcement of the Virginia Statewide Fire Prevention Code (SFPC), as the Code Official, and the Code of the County of Fairfax, Chapter 62, Fire Prevention Code.

Frost line shall be twenty-four (24) inches below the finished grade in Fairfax County.

Home improvement contract shall mean an agreement for the performance of home improvement work on residential property.

Home improvement contractor shall mean any person who engages in the business of home improvement work or any person who secures or attempts to secure a contract for home improvement work and/or accepts payment for same.

Home improvement work shall mean any construction, improvement, repair, restoration, alteration, or enlargement, regulated by the current edition of the USBC, of any existing or new building or accessory structure on residential property. Home improvement work shall further include the application of paint or coating material to pavement, paving with asphalt or concrete, roof repair, and basement waterproofing on any residential property. It shall not include work performed by persons licensed or certified pursuant to the Virginia Code as electrical, plumbing, gas fitting, or heating, ventilation and air conditioning contractors or tradesmen when the work is limited to that normally performed pursuant to their license or certification.

Payment shall mean the transfer, directly or indirectly, of any valuable consideration, and shall include, but not be limited to, the delivery of cash, promissory note, installment contract, other written promise to pay, money, chattel mortgage or deed of trust; provided, that the term "payment" shall not include the promise to pay embodied in the contract itself.

Person shall mean any individual, firm, corporation, association, partnership, joint venture or other legal entity.

Property Maintenance Code Official for existing residential and nonresidential buildings and structures shall mean the Director of the Department of Code Compliance or his duly authorized representative; being charged with the administration and enforcement of the property maintenance provisions of the USBC for such properties. (Please note that the revisions to this paragraph referencing the Department of Planning and Zoning become effective January 1, 2007; the Director of the Fairfax County Health Department remains the property maintenance official for residential properties until that date. The Building Official is and will remain responsible for the administration and enforcement of the property maintenance provisions of the USBC for non-residential buildings.)

Residential building or structure shall mean any building or structure classified as a residential use group under the USBC, including but not limited to use groups R-3, R-4, and R-5.

Residential property shall mean any property containing a single-family attached or detached one- or two-family-dwelling or accessory structure.

Smoke detectors shall mean alarm-initiating devices that detect visible or invisible particles of combustion.

Snow load (ground) shall be 25 pounds per square foot in Fairfax County.

Virginia Class A contractor shall mean any person licensed by the State as a Class A contractor pursuant to the Virginia Code.

Virginia Class B contractor shall mean any person licensed by the State as a Class B contractor pursuant to the Virginia Code.

Virginia Class C contractor shall mean any person certified by the State as a Class C contractor pursuant to the Virginia Code. (9-84-61; 45-86-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61; 45-03-61; 31-04-61; 15-05-61; 24-06-61; 18-07-61; 79-08-61; 12-09-61; 23-10-61; 19-17-61.)