Access Selected Virginia Laws and Regulations Affecting Businesses and Consumers:

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1 Business Resource Access Selected Virginia Laws and Regulations Affecting Businesses and Consumers: Subject Areas: Statutory Citations: Regulatory Citations: A. ADA/Fair Housing Issues: 1. ADA/Fair Housing Accessibility Laws et seq. 13 VAC 5-61 (Also See Building Code Regulations) 2. Fair Housing Law et seq. 13 VAC B. Building Code Issues: 1. General Building Code Law (USBC): et seq. 13 VAC 5-61 a. New Construction Code b. Existing Building Code c. Property Maintenance Code d. Electrical Code e. Mechanical Code f. Plumbing Code g. Elevator Safety Code 2. Fire Prevention Code Law et seq. 13 VAC Elevator InspectionLaw VAC Industrialized Building Safety Law et seq. 13 VAC Certification Standards VAC et seq. 6. Boiler Pressure Vessel Act et seq. 16 VAC Professional & Occupational Licensing & Standards: et seq. 13 VAC 91 a. Fair Housing Education/Certification et seq. 18 VAC b. Real Estate licensing & Education et seq. 18 VAC c. Tradesman Licensing et seq. 18 VAC d. Certification Standard et seq. 18 VAC et seq. e. Contractors Licensing et seq. 18 VAC f. Architects & Prof. Engineers Licensing VAC g. Soil Scientists & Surveyors Licensing et seq. 18 VAC h. Asbestos & Lead Based-Paint Workers et seq. 18 VAC et seq.& 18 VAC et seq. i. Private Security Services Businesses et seq. 7. Building Code Technical Review Board et seq. 8. Department of Housing & Community Development et seq. 9. Board of Housing & Community Development C. Building Infrastructure Security: 1. Private Building Security Information Protection A Responsibilities of Local Governments Va. Emergency Services and Disasters et seq. 19 VAC et seq. D. Economic Development Issues: 1. Virginia Consumer Protection Act et seq. 2. Enterprise Zone Act et seq. 13 VAC Personal Information Privacy Act et seq.

2 E. Employment Issues: 1. Recruitment & Retention: a. Employment-At-Will Rule b. Prohibition Against Employment of Illegal Immigrants c. Prohibition to Require Applicant to Pay For Medical Exam Hours of Work (See Federal Fair Labor Standards Act) 3. Protected Rights: a. Prohibition of Polygraph Use in Certain Cases :4 b. Prohibition ON Questions Re Sexual Activities/Polygraph Test :3 c. Employee Immunity/Reporting Threatening Conduct :5 d. Protection Against Employer Preventing Other Employment e. Discharge for Absence for Work-related Injury f. Days of Rest to 28.5 g. Discrimination Against Exercising Protected Rights & Remedy :1 & 2:2 h. Prohibition on Genetic Testing As Condition of Employment :1 i. Restriction on Child Labor et seq. j. Limit on Amount Subject to Garnishment Health & Safety: a. Safety et seq b. Safety & Health Codes (See F. Environmental Protection, Item 9. Safety & Health Codes below) c. Duty of Employees to Follow All Occupational & Safety Rules Pay & Benefits: a. Equal Pay b. Virginia Minimum Wage Act et seq. c. Pay & Assignment of Wages et seq. d. Unemployment Compensation 60.2 et seq. & 65.2 et seq. e. Workers Compensation et seq. 6. Labor Management & Employee Relations: a. Virginia Right To Work Law et seq. b. Penalty for Making False Statements :2 c. Mediation & Conciliation of Labor Disputes et seq. d. Illegal Picketing & Injunctions e. Apprenticeships et seq. F. Environmental Protection Issues: 1. Department of Environmental Quality Clean Water Laws: et seq. a. Underground Storage Tanks :10 et seq. 9 VAC & 5909 b Above-Ground Storage Tanks :15.1 et seq. 9 VAC 25-91, 130, 140 & 640 c. Storage Tank Fiscal Responsibility :34:16 et seq. 9 VAC & 650 d. Storage Tank Fund :34.11 et seq. e. Storage Tank Inspection & Notification VAC f. Chesapeake Bay Protection et seq. 9 VAC g. Water Quality Permits :6 et seq. 9 VAC h. VPDES Permit (Also, see Federal Clean Water Act) 9 VAC i. Cooling Tower Permits (Also, see 9 VAC PAGE 2 A DAVID BAILEY ASSOCIATES BUSINESS RESOURCE

3 j. New Construction 9 VAC k. Water Quality Standards Clean 9 VAC l. Oil Discharge Water 9 VAC m. Water Pollution 9 VAC & 120 n. Corps of Engineers Wetland Certification Act) 9 VAC o. Corps of Engineers Wetland Permit 9 VAC p. Storm Water Discharges 9 VAC q. Water Quality Improvement Act et seq. 9 VAC r. State Water Control Board Asbestos Laws & 18 VAC & to VAC 25-30, 40 & Lead-Based Paint VAC Mold no existing law other than VRLTA obligations of a. landlord to maintain fit premises and b. tenant to maintain dwelling unit ) Laws & Regulations: a. Landlord Notification of Tenant :3 b. Worker Protection & Property Owner Right To Use Pesticides E 2 VAC Clean Indoor Air Act et seq. 7. Clean Air Laws: (See Federal Clean Air Act) a. Ambient Air Quality 9 VAC 5-30 b. Air pollution 9 VAC 5-20 & 70 c. New/Modified Stationary Source 9 VAC 5-50 d. Hazardous Pollutants 9 VAC 5-60 e. Existing Stationary Source 9 VAC 5-40 f. General Regulations 9 VAC 5-90 g. General Conformity 9 VAC & 160 h. Operating Permit 9 VAC 5-80 i. Emissions Trading 9 VAC j. Episodic Protection 9 VAC 5-70 k. Mobile Source 9 VAC l. Vehicle Emissions 9 VAC & 121 m. NOX Trading 9 VAC n. State Air Pollution Control Board & Sanitation Districts et seq. 9. Safety & Health Codes: et seq. a. Occupational Health 16 VAC b. Confined Space - Telecommunications 16 VAC c. Access to Employee Medical Health Records 16 VAC d. Records of Occupational Injuries 16 VAC e. Federal General Industry Standards 16 VAC f. Confined Space - Construction 16 VAC g. Underground Construction 16 VAC h. Construction Sanitation 16 VAC i. Construction Evacuation 16 VAC j. Federal Identical Construction 16 VAC PAGE 3 A DAVID BAILEY ASSOCIATES BUSINESS RESOURCE

4 G. General Business Issues: 1. Va. Debt Collection Act et seq. 2. Va. Limited Liability Company Act et seq. 3. Va. Stock Corporation Act et seq. 4. Statute of Frauds 11.1 et seq. 5. Insurance Laws & Regulations: a. UST Insurance :12 14 VAC b. AGST Insurance :12, 14 VAC & c. Fire Insurance et seq. 14 VAC d. Liability/Prop. Damage/Carbon Monoxide Exclusion e. Commercial Liability Insurance et seq. 6. Garnishment et seq. 23 VAC H. Housing Issues: 1. Affordable Dwelling Unit Law & 2305 et seq. 2. Conservation Districts et seq. 3. Rehabilitation Districts :02 et seq. 4. Spot & Other Blight et seq. 5. Housing Revitalization Zone Act et seq. 6. Neighborhood Assistance Act et seq. 7. Virginia Housing Development Authority Local Housing Rehabilitation :24 13 VAC Multi-Family Housing Loans :24 13 VAC Removal/Rehabilitation of Derelict Structures et seq. I. Land Use/Zoning Issues: et seq. 1. Conditional (Proffer) Zoning et seq. 2. Conditional (Proffer) Zoning (for Northern Virginia) et seq. 3. Comprehensive Plan et seq. 4. Zoning Ordinances et seq. 5. Official (Transportation) Map et seq. 6. Capital Improvement Programs Land Subdivision & Development et seq. J. Landlord Tenant Issues: 1. Residential Landlord Tenant Act: et seq. a. Security Deposits b. Security Deposit Interest Rates (Historical) :2 c. Notice to Tenants for Pesticide Application d. Prohibition on Rent Control e. Residential Rental Inspections f. Notice to Tenants for Pesticide Application g. Trigger Number for Applicability of Law PAGE 4 A DAVID BAILEY ASSOCIATES BUSINESS RESOURCE

5 2. General Landlord Tenant Act: et seq. a. Appointment of Resident Agent, etc b. Who May Recover Rent and Possession c. Commercial Real Estate Brokers Lien et seq. 3. Civil Procedures: a Notice of Motion for Judgment Rule 3.3 b. Eviction/Unlawful Detainer et seq. c. Judgments and Possession d. Removal of Cases to Circuit Court/Removal Bonds e. Appeals from General District Court/Appeal Bonds f. Sheriff s Storage of Property g. Motion to Set Aside Judgment h. Judgment Liens i. Writs of Possession et seq. j. Levy and Seizure k. Garnishment et seq. l. Jurisdiction of General District Court m. Warrant in Debt n. Who May Sign a Civil Action o. Who May File a Civil Action or Appear in Court p. Petition to Rehear Case Criminal Statutes: a. Trespass et seq. b. Assault & Battery et seq. c. Larceny d. Intentional Damage to Private Property e. Bad Checks et seq. f. False Representation g. Defrauding Utility h. Illegal Drugs et seq. i. Firearms et seq. j. Disorderly Conduct k. Intoxication/Cursing/Abuse et seq. 5. Civil Statutes: a. Utility Metering/Submetering/Energy Allocation & VAC b. Age of Majority c. Va. Human Rights Act d. Legal & Judgment Rates of Interest e. Liability of Parents for Acts of Minors f. Statute of Frauds 11.1 et seq. g. Liability/Prop. Dam. Insur./Carbon Monoxide Exclusion h. Uniform Statewide Building Code: et seq. 13 VAC 5-61 i. Building Code Technical Review Board et seq. ii. Elevator Inspections iii. Fire Prevention Code et seq. 13 VAC 5-51 iv. Boiler Vessel Act et seq. 13 VAC 5-50 v. Specialty Code Supplements (See Building Code) i. Abandoned Vehicles/Towing j. Conservation Districts et seq. PAGE 5 A DAVID BAILEY ASSOCIATES BUSINESS RESOURCE

6 k. Rehabilitation Districts :02 et seq. l. Spot and Other Blight et seq. m. Premises Liability n. Sanitation District Act et seq. o. Parking for Disabled et seq. p. Assumed Name Certification q. Service Districts et seq. 6. Civil Statutes: a. Affordable Dwelling Units et seq. & 2305 et seq. b. Residential Rental Inspections c. Neighborhood Assistance Act et seq. d. Housing Revitalization Zone Act et seq. e. Va. Housing Development Authority Act et seq. 7. Civil Statutes: a. Industrial Building Safety Law et seq. b. Trans. Tax Improvement District Acts et seq. & et seq. c. Security Systems K. Local Governmental Plans & Forms: 1. Urban County Executive Plan (Fairfax County) et seq. 2. County Board Plan (Arlington County) et seq. 3.County Executive Plan (Prince William County) et seq. 4. County Manager Plan (Loudoun County) et seq. 5. County Manager Form et seq. 6. Powers of Cities and Towns (plus powers granted by charters) et seq. 7. General Powers of Local Governments et seq. 8. General Powers & Procedures of Counties et seq. 9. Local Government Charters et seq. L. Taxation Issues: 1. Appeal of Real Estate Tax Assessments et seq. & et seq. 2. Reciprocal Historic Rehabilitation Tax Credits VAC 20 & Intangible Personal Property Tax et seq. 23 VAC Tangible Personal Property Tax et seq. 5. Low-Income Housing Tax Credits :26 13 VAC & Taxes, Generally et seq. 7. Real Property Tax et seq. M. Telecommunications Issues: 1. Compensation/Residential Bldg. Access/TV Service Providers :2 2. Cable & Satellite TV Providers Are Not Public Service Companies Telecommunication Rules Re U.S. Telecommunications Act of VAC N. Transportation Issues: 1. Transportation Tax Improvement Districts et seq. & et seq. 2. Transportation District Act of et seq. 3. No. Va. Transportation Authority Act et seq. PAGE 6 A DAVID BAILEY ASSOCIATES BUSINESS RESOURCE

7 4. Highway Transportation: et seq. a. General Rules & Regulations 24 VAC b. Minimum Stds./Entrance to State Highway 24 VAC & 71 c. Noise Abatement 24 VAC d. Subdivision Street Standards 24 VAC e. Hauling Permits 24 VAC f. Land Use Permits 24 VAC g. Cut-Through Traffic 24 VAC h. Underground Utilities 24 VAC i. Federal Manual on Uniform Traffic Control Devices (UTDC) 24 VAC j. Virginia Supplement on UTCD 24 VAC O. Utility Issues: 1. Submetering/RUBS & Energy Allocation Systems & VAC Electric Utility Deregulation: et seq. a. Functional Separation VAC b. Separation of regulatory Function VAC c. Energy Regulation VAC d. Transfer of Transmission Assets VAC e. Access to Competitive Energy Market VAC f. Net Energy Metering VAC g. Interim Rules - Pilot Program VAC h. Enforcement 20 VAC i. Licensing of Aggregators j. Competitive Retail Metering & Billing k. Rate Caps l. Wires Charges m. Stranded Costs n. Default Service o. Emergency Service Providers p. Electric Energy Emergencies q. Retail Customer Right of Action Retail Supply Choice for Natural Gas Customers Master Meter Safety Natural Gas VAC Underground Utility Damage Act et seq. 6. Installation of Underground Utilities et seq. P. Other Miscellaneous Issues: 1. Political Campaign Financing et seq. 2. Va. Administrative Process Act et seq. PAGE 7 A DAVID BAILEY ASSOCIATES BUSINESS RESOURCE

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