Lawmakers Pitch Reforms for Virginia’s Building Code Update to Boost Supply, Affordability

Every three years, Virginia updates its building code, requirements for new construction that account for safety standards and energy efficiency.

As the state readies for its next update cycle in 2027, some lawmakers are flagging a series of reforms they argue can help increase housing supply and address affordability issues.

A 2021 state study found that Virginia had a housing shortage of at least 200,000 units. Virginians most affected by lack of affordable housing are renters, have low incomes, and often work in essential occupations; the study also found.

Lawmakers have since proposed various building code updates and worked to pass numerous housing laws as a remedy.

Sen. Schuyler VanValkenburg, D-Henrico, and Del. Adele McClure, D-Alexandria, sent a joint letter to leadership of Virginia’s Department of Housing and Community Development on Oct. 21 outlining their latest recommendations.

They suggested allowing single-stairway buildings in certain multi-unit buildings —  something DHCD’s board has already shown interest in.

Both legislators said the measure is key to unlocking housing development on vacant or underutilized lots. They hope the new code could allow buildings up to six stories and 24 housing units to only need one stairwell.

The concept, VanValkenburg said, is that narrow lots have less room for additional stairwells that eat into space that could be apartments. Adding more housing stock is one component of addressing access and affordability.

“When families are struggling to pay their rent or mortgage or being priced out of communities across the Commonwealth, we must reevaluate our approach and find innovative solutions,” Van Valkenburg wrote.

But reducing stairwells, fire unions suggest, could also be a safety hazard.

“Safety is the primary issue, not only for the residents in those buildings, but our firefighters responding to emergencies as well,” Andrew Pantelis, a vice president with the International Association of Fire Fighters, said last May.

He outlined scenarios where people may be fleeing a building in a panic and trying to exit using the same stairwell emergency responders are entering, creating potentially fatal bottlenecks.

Can one stairwell help solve Virginia’s housing crisis? Lawmakers think so

But research from Pew suggests that may not be as risky as presumed. Fire deaths in New York City’s more than 4,000 single-stair buildings occurred at the same rate as in other residential buildings from 2012 to 2024, the data showed.

In that time, New York and Seattle recorded a total of four fire-related deaths in such buildings.

The two cities are among a growing list of localities across the country to have embraced single-stairwell buildings up to six floors. To balance safety concerns, these buildings include square footage limits, unit caps per floor, and higher density of sprinklers or placement of smoke detectors.

“Adopting these reforms in our Building Code will dramatically cut the cost of housing development, without compromising on safety, and add much-needed units to our housing stock,” VanValkenberg said.

He and McClure also suggest allowing scissor stairs in buildings that need more than one stairwell. Scissor stairs are two interlocking stairways that wind around each other with a fire-rated wall in between them.

Van Valkenburg said they reduce space that could be residential units while still permitting more than one stairwell in taller buildings. New York City and Chicago currently allow these types of stairs.

They also advise that Virginia revise elevator dimension requirements. Reducing size requirements for shorter buildings can make it more feasible for those buildings to still include elevators, the legislators said.

Adopting a “missing middle” building code is another suggestion.

The term applies to smaller multi-family buildings like duplexes, triplexes, quadplexes or townhomes that resemble single-family homes and allow for more density in certain neighborhoods.

This housing type has been tucked into commercial building codes rather than residential building codes. Cities like Memphis are shifting them to ease certain regulatory requirements.

In an effort to streamline construction processes and reduce administrative hurdles, McClure and VanValkenburg also propose expanding the use of third-party inspectors.

Currently, builders can engage licensed inspectors, but fragmented local requirements often make them impractical to operate regionally. Having consistent statewide requirements could ease workflow processes, the lawmakers argue.

Princeton professor Evan Soltas found that longer permitting timelines raise housing construction costs. McClure and VanValkenburg point to how Georgia, Tennessee and Florida have allowed for third-party licensed inspections.

DHCD’s board is expected to meet this December to consider proposed regulations, which could be finalized by the middle of next year.

As McClure serves on the Virginia Housing Commission and VanValkenburg routinely focuses his legislation on the subject, both lawmakers have expressed an eagerness to engage with DHCD in the months ahead.

“The current code development cycle presents an opportunity to advance meaningful reforms that could lower housing costs, and support increased housing production without waiting for another regulatory cycle,” McClure and VanValkenburg wrote in their letter.

By Charlotte Rene Woods, Virginia Mercury

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