§ 150.52 CERTIFICATES OF COMPLIANCE; APPLICATIONS AND EXEMPTIONS.
   (A)   The following shall apply to all residential rental dwelling units located within inspection districts, which are not exempted under this section.
      (1)   (a)   The initial inspection of each residential rental dwelling unit which is subject to inspection under this subchapter unless the initial inspection is delayed under division (A) of this section, shall take place no later than 120 days from the date that the owner thereof contacts the Building Official or his or her designee to schedule such inspection. However, should the owner of a residential rental dwelling unit which is subject to inspection under this subchapter, fail to give timely notice as required by this subchapter, the Building Official or his or her designee shall inspect the unit within reasonable time of becoming aware of the unit. Each residential rental unit for which a certificate of compliance or 48-month certificate of compliance as described in division (A)(3) below has been issued shall be again inspected within 30 days from the expiration certificate or expiration or earlier revocation of a 48-month certificate of compliance.
         (b)   Prior to expiration of the certificate of compliance or 48-month certificate of compliance, or upon earlier revocation of a 48-month certificate of compliance, the owner of the residential rental dwelling unit covered thereby shall contact the Building Official or his or her designee and arrange for an inspection of the unit. Except in the case of an inspection following revocation of a 48-month certificate of compliance, should the date scheduled for inspection be after expiration of the current certificate and more than 30 days from the day on which the owner contacted the Building Official or his or her designee to schedule inspection, a 30-day temporary certificate of compliance shall be issued. The inspection shall take place no later than thirty 3) days from the date of application for said inspection, and the temporary certificate shall expire on the date of the inspection.
         (c)   As to Building Code violations which do not immediately affect the safe, decent and sanitary living conditions of persons living in such unit, and provided that all inspection fees shall have been remitted in advance to the issuance of such temporary certificate of compliance the Building Official or his or her designee shall issue one temporary certificate of compliance, valid for 30 days and may permit such extensions thereof, as the Building Official or his or her designee shall deem reasonably necessary to allow for remediation of the violations. However, as to Building Code violations which are disqualifying violations and which violations which pose an immediate threat to the safe, decent and sanitary living conditions for persons living in such unit, then the Building Official or his or her designee shall not issue a temporary certificate of occupancy.
         (d)   Temporary certificates of compliance shall expire upon the earlier of their stated expiration date or the completion of an inspection which finds all violations satisfactorily remedied.
      (2)   Unless a residential rental unit in an inspection district is exempted from inspection under this subchapter, or receives a 48-month certificate of compliance as provided in division (A)(3) of this section, the term of a certificate of compliance issued for any residential rental dwelling unit in an inspection district, shall be for a term of 12 months beginning with the first day of the month next following the month of issuance.
      (3)   A residential rental dwelling unit which upon inspection under this subchapter reveals no disqualifying violations, or with one or more violations of such code that do not affect the safe, decent and sanitary living conditions for persons living in such unit, shall not be subject to further annual inspection under this subchapter for 48 months from date of such annual inspection, except as provided herein, and a 48-month certificate of compliance shall be issued for such unit. However, if a residential rental dwelling unit covered by a 48-month certificate of compliance is found in violation of the Uniform Statewide Building Code during the term of such 48-month certificate of compliance, the Building Official or his or her designee may revoke such 48-month certificate of compliance and such unit shall thereupon become subject to annual inspections and the issuance of annual certificates of compliance. If an annual certificate of compliance is issued after the inspection necessitated by the violation of the Virginia Uniform Statewide Building Code and revocation of the extended certificate of compliance, then the residential rental dwelling unit shall again be eligible for an extended certificate of compliance only after the annual certificate of compliance has expired and as of the first subsequent annual inspection when no disqualifying violations are found.
      (4)   Should a residential rental dwelling unit be sold, or the title thereto be otherwise transferred to another owner during term of a certificate of compliance or 48-month certificate of compliance issued for such unit, the term of such certificate shall end as of the last day of the month next following the month of transfer of ownership and the new owner shall contact the Building Official or his or her designee and arrange for inspection of the unit; provided, however, that if the last inspection of the unit pursuant to this subchapter occurred during the calendar year of transfer of ownership, the existing certificate shall not expire until the end of such calendar year.
   (B)   The following shall be exempt from the requirements of this subchapter for the time periods indicated.
      (1)   No inspection of a newly constructed residential rental dwelling unit located in an inspection district shall be required within 48 months of the issuance of a certificate of occupancy for such newly constructed unit. Thereafter the unit shall in all respects become subject to the requirements of this subchapter.
      (2)   All hotels, motels, inns, bed and breakfast establishments, and other similar facilities to the extent occupied by transients shall be exempt from compliance with this subchapter.
      (3)   All residential rental dwelling units owned by or leased by an agency of the Commonwealth of Virginia or of the County of Northampton, shall be exempt from compliance with this subchapter so long as the dwelling units are operated by such agency in carrying out its public purpose.
(Ord. passed 12-8-2009)