Any structure erected in Virginia must conform to building codes created around a century ago to ensure safe construction methods are followed and that people inside can get out if there’s a fire. Such provisions spread across the country after the Triangle Shirtwaist Factory fire in March 1911 in New York City that led to the deaths of 146 workers who were blocked from leaving the burning building.
Virginia updates its code every three years, and several advocates of reducing the cost to construct housing have been lobbying for deregulation of some aspects, such as mandates that multifamily buildings have two staircases and at least two ways out.
Last week, Gov. Glenn Youngkin signed legislation directing state officials to convene a group to study the possibility of allowing only one exit for apartment buildings up to six stories.
“This puts the Virginia Department of Housing and Community Development in the best possible position to make positive changes in the building code to improve safety and affordability and allow the kinds of high-quality ‘missing middle’ designs common in other countries and Seattle and New York City,” says Charlottesville Planning Commission member Lyle Solla-Yates.
Both Solla-Yates and Planning Commissioner Rory Stolzenberg participated in a DHCD workgroup in the spring of 2022 to suggest reform. Neither is an architect or civil engineer.
In June of that year, Solla-Yates put forward a proposal to allow up to 20 units in a five-story building. He claimed the cost of requiring an additional staircase added $380,000 to the cost of a building. The idea had the support of a fellow workgroup member who works for the Home Builders Association of Virginia.
However, the minutes of the meeting indicate that several people from the state building codes office were not in favor, due to safety concerns and feeling that the issue should be discussed nationally first.
The proposal was listed officially as “non-consensus,” and the idea did not move forward in the code update that took effect in January of this year.
Solla-Yates is glad the discussion will move forward with the passage of the bill.
“No consensus, no change, unless there is clear direction from the legislative body,” he says.
Virginia did not adopt a building code until the early 1970s, which means there are examples of single-staircase buildings in Charlottesville, such as the Altamont Circle apartments in the North Downtown neighborhood. Those were built in 1929, according to city property records, and there are over 20 units.
The stakeholder group is required to deliver their report to the General Assembly by the end of the year.
At least one stakeholder is prepared to make sure the deregulation doesn’t occur.
“The Virginia Fire Prevention Association has grave concern of the consequences of considering a six-story dormitory, apartment, hotel, motel, etc. [with] a single means of egress,” says organization president Gerry Maiatico. “This should not even be considered, let alone sent to a committee for discussion.”