Board pauses on building-code enforcement changes, asks counsel for legal guidance on exemptions

Staff presented options for amending building-code enforcement to address properties lacking certificates of occupancy and other code violations. Board members raised concerns that some enforcement proposals could disproportionately affect particular communities (the Amish were discussed repeatedly as an example) and that Virginia's Dillon Rule and potential freedom-of-religion claims could expose the county to lawsuits. Supervisors requested legal research on whether the county can craft targeted enforcement provisions, whether exemptions or waivers exist, and what liability local government might face if, for instance, a dwelling lacking smoke-detector wiring caused a fatality.

County counsel (Mr. Slayton) was asked to research precedent and provide an advisory report. Several supervisors recommended allowing the counsel's findings to guide whether and when to advertise a public hearing; the board reached consensus to await that legal analysis and to not proceed immediately to a public hearing in December.