Ramps in Virginia: the USBC exemption for temporary ramps

For many Virginia families, the ramp question is practical and urgent: a parent is coming home from the hospital next week, and someone wants to know whether a ramp can go up without waiting on a permit. Virginia's statewide building code has a specific answer for one kind of ramp, a temporary ramp at a house of modest height, and a reminder that skipping the permit does not mean skipping the rules.

What the Uniform Statewide Building Code says about home ramps

Virginia uses a single building code across the Commonwealth, the Uniform Statewide Building Code, and Va. Code § 36-105(A) makes "the local building department" responsible for enforcing it for construction. The code's administrative chapter lists work that does not need a permit. Section 108.2, in 13VAC5-63-80, includes:

"12. Temporary ramps serving dwelling units in Groups R-3 and R-5 occupancies where the height of the entrance served by the ramp is no more than 30 inches (762 mm) above grade."

R-3 and R-5 are occupancy groups defined elsewhere in the code; your building official can tell you which one your home falls in. If it is one of them, a temporary ramp serving an entrance no more than 30 inches above the ground needs no permit application and no related inspections under that section.

Three qualifiers come with it, all from the same section:

• Rules still apply. The exemption "shall not be construed to exempt such activities from other applicable requirements of this code." The ramp must still meet the code; it just skips the permit.
• You can ask for a permit anyway. "When an owner or an owner's agent requests that a permit be issued for any of the following, then a permit shall be issued and any related inspections shall be required." Some families want an inspection for peace of mind.
• Flood zones differ. "Application for a permit may be required by the building official for any items exempted in this section that are located in a special flood hazard area."

What "temporary" means

The section does not define "temporary" in the text we read, and an entrance higher than 30 inches is outside the item entirely. A permanent ramp, or one at a taller entry, is a question for your building department. Ask before building; they decide whether your plan fits the exemption.

Renters' rights to modify

Virginia's Fair Housing Law, Va. Code § 36-96.3(B), counts as discrimination "a refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by any person if such modifications may be necessary to afford such person full enjoyment of the premises." For a rental, the landlord "may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted."

Rain, flooding and summer heat

NOAA's Virginia climate summary describes "warm and moist summers with frequent thunderstorms in the afternoons and evenings," and notes that the number of 2-inch extreme precipitation events "exhibits a long-term upward trend." Near the coast, sea level at Sewells Point rose 17 inches between 1927 and 2020, and nuisance floods have increased. Winter storms are on the state's list of hazards too.

For a ramp, choose a surface that grips when wet, make sure water runs off the landing instead of pooling, and keep the bottom of the ramp clear of the spots where your yard floods. If your home is in a special flood hazard area, remember that the permit exemption may not apply.

Door and threshold equipment

Sometimes the barrier is a sill or a heavy door rather than a full set of steps. These can help.

• Harmar Rubber Threshold Ramp. Rises up to 4 in for a raised threshold or single step, 36 in of usable width, 850 lb capacity, assembled by hand from interlocking rubber sections. Harmar says it is assembled in the USA.
• Open Sesame Residential Automatic Door Opener. Opens a door up to 120 degrees, holds it for an adjustable 5 to 30 seconds, and closes it; its clutch disengages when idle so the door still works by hand.
• Open Sesame Keychain Transmitter (C). A one-button mini remote for the key ring, listed for both Open Sesame operators.
• Open Sesame Voice Interface. Connects an Open Sesame operator to Wi-Fi and Amazon Alexa, for units on the 433 MHz frequency, so the door can open by voice.

Virginia Assistive Technology System

The AT3 Center lists device loans, demonstrations and device reutilization for the Virginia Assistive Technology System. Its DARS page says VATS "connects Virginians with disabilities, family members, and professionals with assistive technology devices, services and resources," offers demonstrations, and loans devices for one to four weeks. It says it does not have funds to help purchase equipment, and points to other resources.

Ordering and delivery to Virginia

We ship to your state. Installation isn't available here yet; email us and we'll help you find a local installer. We ship to the lower 48 states and DC, with free shipping on orders over $500 ($15 under $500), and we cover the sales tax on every order. Most products are processed in 2-5 business days; some brands differ. See the Virginia shipping page, and measure your entry with the ramp fit check.

Questions about ramps in Virginia

Do I need a permit for a wheelchair ramp at my Virginia home?

Not for every ramp. Section 108.2 of the Uniform Statewide Building Code exempts temporary ramps serving dwelling units in Groups R-3 and R-5 where the entrance is no more than 30 inches above grade. Permanent ramps, taller entries and homes in special flood hazard areas need a check with your local building department.

Does an exempt Virginia ramp still have to meet code?

Yes. The same section says the exemption "shall not be construed to exempt such activities from other applicable requirements of this code." The ramp skips the permit application and inspections, not the requirements. An owner may still request a permit, and then inspections are required.

Can a Virginia landlord refuse to let me add a ramp?

Va. Code § 36-96.3 treats refusing reasonable modifications, at the disabled person's expense and necessary for full enjoyment of the premises, as discrimination. For a rental, the landlord may reasonably condition permission on restoring the interior to its prior condition, reasonable wear and tear excepted.

Who decides whether my ramp counts as temporary in Virginia?

The code text we read does not define temporary. Enforcement belongs to the local building department under Va. Code § 36-105, so that office is the one to ask. Bring the entry height, the ramp's planned length and how long you expect it to stay.

Browse ramps and door openers, try the ramp fit check, or take the full assessment. Questions? Email us at info@faithmobility.com.

Sources

• 13VAC5-63-80, Uniform Statewide Building Code Section 108 (permits and exemptions)
• Va. Code § 36-105, enforcement of Code
• Va. Code § 36-96.3, Virginia Fair Housing Law
• NOAA NCEI State Climate Summaries: Virginia (2022)
• AT3 Center: Virginia
• DARS: Virginia Assistive Technology System
• Harmar Rubber Threshold Ramp product page, Open Sesame Residential product page, Open Sesame Keychain Transmitter (C) product page, Open Sesame Voice Interface product page