TITLE 13. HOUSING
Proposed Regulation
REGISTRAR'S NOTICE: The Board of Housing and Community Development is claiming an exemption from Article 2 of the Administrative Process Act pursuant to § 2.2-4006 A 12 of the Code of Virginia, which excludes regulations adopted by the Board of Housing and Community Development pursuant to the Statewide Fire Prevention Code (§ 27-94 et seq.), the Industrialized Building Safety Law (§ 36-70 et seq.), the Uniform Statewide Building Code (§ 36-97 et seq.), and § 36-98.3 of the Code of Virginia, provided the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01, (ii) publishes the proposed regulation and provides an opportunity for oral and written comments as provided in § 2.2-4007.03, and (iii) conducts at least one public hearing as provided in § § 2.2-4009 and 36-100 prior to the publishing of the proposed regulations.
Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-11 through 13VAC5-51-155; adding 13VAC5-51-144.8; repealing 13VAC5-51-146).
Statutory Authority: § 27-97 of the Code of Virginia.
Public Hearing Information:
May 15, 2017 - 10 a.m. - Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060
Public Comment Deadline: April 21, 2017.
Agency Contact: Elizabeth O. Rafferty, Policy and Legislative Director, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7011, FAX (804) 371-7090, TTY (804) 371-7089, or email elizabeth.rafferty@dhcd.virginia.gov.
Background: The Statewide Fire Prevention Code (SFPC) is a regulation governing the maintenance of the fire protection aspects of existing structures and operational functions relating to fire safety wherever located, including the regulation of the use of explosives and blasting and fireworks displays. The SFPC uses a nationally recognized model code produced by the International Code Council as the basis for the technical provisions of the regulation. Every three years, a new edition of the model code becomes available. At that time, the Board of Housing and Community Development initiates a regulatory action to incorporate the newest edition of the model code into the regulation as well as accepting proposals for changes to the regulation from affected client groups and the public. The Department of Housing and Community Development staff maintains mailing lists for workgroups involving different subject areas of regulation and conducts workgroup meetings to develop consensus recommendations, when possible, concerning submitted proposals. The department uses an online program incorporating the provisions of the regulation and the model code to facilitate the submittal of proposals. A public hearing is held during the workgroup meeting stage of the process and a comment period established. Once workgroup meetings are completed, the board holds a series of meetings to consider each proposal, and the approved proposals are incorporated into the proposed regulation. After publication of the proposed regulation, the board establishes a comment period for the acceptance of comments on amendments reflected in the proposed regulation, and an additional public hearing is held. The board then meets to consider proposals and public comments and develops a final regulation to complete the regulatory process.
Summary:
The proposed amendments to the SFPC in this regulatory action are as follows:
13VAC5-51-31 A: The 2015 edition of the International Fire Code (IFC) is incorporated by reference to replace the 2012 edition of the IFC.
13VAC5-51-51 K: The Virginia Certification Standards (13VAC5-21) (VCS), also a regulation under the authority of the BHCD, was amended and became effective in September 2014. It sets out periodic training and continuing education requirements for maintaining inspector certificates issued by the BHCD. Prior to the amendments to the VCS, the SFPC contained those requirements. Now that the VCS has the requirements, they are deleted in the SFPC and replaced with a reference the VCS.
13VAC5-51-81 K: Add language from § 27-98 of the Code of Virginia, regarding local fees from the 2012 Acts of Assembly.
13VAC5-51-121 B: Amend the requirement for local government appeals boards to meet annually even if there are no appeals. The Virginia Uniform Statewide Building Code (13VAC5-63) (USBC) was amended by a proposal from the State Building Code Technical Review Board to permit the local appeals boards to meet only when necessary to conduct business. This amendment provides consistent language with the USBC.
13VAC5-51-130: Add new definitions necessary for substantive amendments to the technical requirements of the code addressing college research laboratories in 13VAC5-51-145.
13VAC5-51-131 C, G, and K: Delete provisions addressing sky lanterns and unoccupied tenant spaces in malls since comparable provisions are in the 2015 edition of the IFC being incorporated into the code in 13VAC5-51-31 A.
13VAC5-51-132: When the current SFPC was developed in 2013-2014, the 2015 edition of the IFC was already in process at the International Code Council (ICC) hearings and while the language was not finalized until 2015, many proposals had already been approved in the ICC process. The fire services community submitted a proposal to use the new language, which it was believed would be contained in the 2015 IFC for the SFPC at that time. Now that the 2015 IFC is being incorporated into the SFPC in this action, the language in the SFPC is no longer necessary since it is already in the 2015 edition of the IFC. Therefore the language is deleted from the SFPC. The subject matter of the language is emergency planning and preparedness, and the requirements address the use of emergency evacuation plans and the use of crowd managers for large events. There are no substantive changes to address since all requirements that are being deleted are contained in the 2015 IFC; however, since much existing language is being stricken, this summary is necessary as readers of the proposed regulations not familiar with the 2015 IFC would see much stricken text and not necessarily know that the requirements are not actually changing.
13VAC5-51-133 through 13VAC5-51-140: As explained in the summary of changes to 13VAC5-51-132, the changes in these sections are not substantive, but are simply to delete amendments made in the last regulatory process adopting text that proponents of the proposals were confident would be in the 2015 edition of the IFC being developed through the ICC process. That in fact did happen, and now the changes to the SFPC may be deleted since the language is already in the 2015 IFC, and the 2015 IFC is being incorporated into the SFPC in 13VAC5-51-31 A.
13VAC5-51-144.8: This amendment changes the IFC language for permits to reference the appropriate permit section in the SFPC. The permit sections in all other chapters of the IFC were addressed in the previous regulatory process for the SFPC, but this chapter (Chapter 37 Combustible Fibers) was inadvertently omitted. This amendment corrects the omission and makes all the permit requirements in the IFC consistent.
13VAC5- 51-145 E: In the previous regulatory process for the SFPC, where the 2012 edition of the IFC was incorporated, a proposal was approved to change the table in the IFC addressing the quantities of consumer fireworks that could be stored in a building based on whether the building had a sprinkler system. The 2012 IFC permitted a 100% increase in the amounts stored if there was a sprinkler system present, and that allowance was permitted through the use of a footnote "d" in the table that was referenced in the consumer fireworks entry in the table. A proposal approved during that regulatory process deleted the reference to the footnote for consumer fireworks, but left the reference to the footnote for permissible fireworks (a subset of consumer fireworks that do not lift from the ground when used). The 2015 edition of the IFC does not have the reference to footnote "d" in the table, therefore it is no longer necessary to show consumer fireworks entry in the table changed in the SFPC. The reference to the footnote remains for permissible fireworks.
13VAC5-51-145 F: Add comprehensive new requirements for the safe use of hazardous materials in college research laboratories. DHCD staffed a workgroup of affected parties to develop these requirements, which in conjunction with changes to the USBC, addressing the safe use of materials in the constantly changing field of educational research laboratories. The requirements are consistent with a proposal developed in the ICC process for the 2018 IFC.
13VAC5-51-145 G: Add a reference in the provisions of the SFPC addressing petroleum spills to the Virginia Petroleum Storage Tank Fund (§ 62.1-44.34:11 et seq. of the Code of Virginia).
13VAC5-51-155: Add nationally recognized standards to the IFC that are used in the new provisions for college research laboratories in 13VAC5- 51-145 F.
Part I
General Regulations
13VAC5-51-11. Chapter 1, Administration,; Section101.0.101 Scope.
A. 101.1. Title:. These regulations shall be known as the Virginia Statewide Fire Prevention Code (SFPC), hereinafter referred to as "this code" or "SFPC." The term "chapter" means a chapter in the SFPC. The SFPC was cooperatively developed by the Virginia Fire Services Board and the Virginia Board of Housing and Community Development.
B. 101.2. Scope:. The SFPC prescribes regulations affecting or relating to maintenance of structures, processes and premises and safeguards to be complied with for the protection of life and property from the hazards of fire or explosion and for the handling, storage and use of fireworks, explosives or blasting agents, and provides for the administration and enforcement of such regulations. The SFPC also establishes regulations for obtaining permits for the manufacturing, storage, handling, use, or sales of explosives. Inspections under the SFPC are a governmental responsibility.
C. 101.3. Purpose:. The purposes of the SFPC are to provide for statewide standards to safeguard life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures, and the unsafe storage, handling, and use of substances, materials and devices, including explosives and blasting agents, wherever located.
D. 101.4. Validity:. To the extent that any provisions of the SFPC or the referenced codes or standards are not within the scope of this chapter, those provisions are considered to be invalid. When any provision of the SFPC is found to be in conflict with the USBC, OSHA, or statute, that provision of the SFPC shall become invalid.
E. 101.5. Local regulations:. Any local governing body may adopt fire prevention regulations that are more restrictive or more extensive in scope than the SFPC provided such regulations do not affect the manner of construction or materials to be used in the erection, alteration, repair, or use of a building or structure, as provided in the USBC, including the voluntary installation of smoke alarms and regulation and inspections thereof in commercial buildings where such smoke alarms are not required under the provisions of the SFPC.
F. 101.6. Nonresidential farm structures:. Farm structures not used for residential purposes are exempt from the SFPC except when the inspection and enforcement provisions of the code are exercised by a warrant issued under the authority of §§ 27-98.2 through 27-98.5 of the Code of Virginia.
13VAC5-51-21. Section102.0.102 Applicability.
A. 102.1. General:. The provisions of the SFPC shall apply to all matters affecting or relating to structures, processes and premises as set forth in Section 101.0. The SFPC shall supersede any fire prevention regulations previously adopted by a local government or other political subdivision.
B. 102.1.1. Changes:. No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group of occupancies, unless such structure is made to comply with the requirements of this code and the USBC.
C. 102.2. Application to pre-1973 buildings and structures:. Buildings and structures constructed prior to the USBC (1973) shall comply with the maintenance requirements of the SFPC to the extent that equipment, systems, devices, and safeguards which were provided and approved when constructed shall be maintained. Such buildings and structures, if subject to the state fire and public building regulations (Virginia Public Building Safety Regulations, VR 394-01-05) in effect prior to March 31, 1986, shall also be maintained in accordance with those regulations.
D. 102.3. Application to post-1973 buildings and structures:. Buildings and structures constructed under any edition of the USBC shall comply with the maintenance requirements of the SFPC to the extent that equipment, systems, devices, and safeguards which were provided and approved when constructed shall be maintained.
E. 102.4. Referenced codes and standards:. The codes and standards referenced in the IFC shall be those listed in Chapter 80 and considered part of the requirements of the SFPC to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.
F. 102.5. State-owned buildings and structures:. The SFPC shall be applicable to all state-owned buildings and structures in the manner and extent described in § 27-99 of the Code of Virginia and the State Fire Marshal shall have the authority to enforce this code in state-owned buildings and structures as is prescribed in §§ 27-98 and 27-99 of the Code of Virginia.
G. 102.6. Relationship to USBC:. In accordance with §§ 27-34.4, 36-105.1 and 36-119.1 of the Code of Virginia, the USBC does not supersede the provisions of this code that prescribe standards to be complied with in existing buildings and structures, provided that this code shall not impose requirements that are more restrictive than those of the USBC under which the buildings or structures were constructed. Subsequent alteration, enlargement, rehabilitation, repair or conversion of the occupancy classification of such buildings and structures shall be subject to the construction and rehabilitation provisions of the USBC. Inspection of buildings other than state-owned buildings under construction and the review and approval of building plans for these structures for enforcement of the USBC shall be the sole responsibility of the appropriate local building inspectors.
Upon completion of such structures, responsibility for fire safety protection shall pass to the local fire marshal or official designated by the locality to enforce this code in those localities that enforce the SFPC or to the State Fire Marshal in those localities that do not enforce this code.
H. 102.7. Inspections for USBC requirements:. The fire official shall require that existing structures subject to the requirements of the applicable retrofitting provisions relating to the fire protection equipment and system requirements of the USBC, Part I, Construction, Section 103.7, comply with the provisions located therein.
13VAC5-51-31. Section103.0.103 Incorporation by reference.
A. 103.1. General:. The following document is adopted and incorporated by reference to be an enforceable part of the SFPC:
The International Fire Code --20122015 Edition, hereinafter referred to as "IFC," published by the International Code Council, Inc., 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, 1-888 422-7233.
B. 103.1.1. Deletion:. Delete IFC Chapter 1.
C. 103.1.2. Appendices:. The appendices in the IFC are not considered part of the IFC for the purposes of Section 103.1.
Note: Section 101.5 references authority contained in the Code of Virginia for local fire prevention regulations that may be evaluated by localities to determine whether provisions in the IFC appendices may be considered for local fire prevention regulations.
D. 103.2. Amendments:. All requirements of the referenced codes and standards that relate to fees, non-operational permits not specifically required by Section 107.2, unsafe notices, disputes, condemnation, inspections, scope of enforcement and all other procedural, and administrative matters are deleted and replaced by the provisions of Chapter 1 of the SFPC.
Exception: The scope of referenced codes and standards referenced by the SFPC that relate to the maintenance, testing and inspection requirements or limitations shall be enforceable.
E. 103.2.1. Other amendments:. The SFPC contains provisions adopted by the Virginia Board of Housing and Community Development (BHCD), some of which delete, change or amend provisions of the IFC and referenced standards. Where conflicts occur between such changed provisions and the unchanged provisions of the IFC and referenced standards, the provisions changed by the BHCD shall govern.
Note: The IFC and its referenced standards contain some areas of regulation outside of the scope of the SFPC, as established by the BHCD and under state law. Where conflicts have been readily noted, changes have been made to the IFC and its referenced standards to bring it within the scope of authority; however, in some areas, judgment will have to be made as to whether the provisions of the IFC and its referenced standards are fully applicable.
F. 103.3. International Fire Code. Retroactive fire protection system requirements contained in the IFC shall not be enforced unless specified by the USBC.
13VAC5-51-41. Section104.0.104 Enforcement.
A. 104.1. Local enforcement:. Any local government may enforce the SFPC following official action by such body. The official action shall (i) require compliance with the provisions of the SFPC in its entirety or with respect only to those provisions of the SFPC relating to open burning, fire lanes, fireworks, and hazardous materials and (ii) assign enforcement responsibility to the local agency or agencies of its choice. Any local governing body may establish such procedures or requirements as may be necessary for the administration and enforcement of this code. If a local governing body elects to enforce only those provisions of the SFPC relating to open burning, it may do so in all or in any designated geographic areas of its jurisdiction. The terms "enforcing agency" and "fire official" are intended to apply to the agency or agencies to which responsibility for enforcement of the SFPC has been assigned. The terms "building official" or "building department" are intended to apply only to the local building official or local building department.
B. 104.1.1. Enforcement of fireworks provisions by law-enforcement officers:. In accordance with § 27-100.1 of the Code of Virginia, law-enforcement officers who are otherwise authorized to enforce certain provisions of this code shall not be subject to the certification requirements of Section 105.2 or 105.3.2.
C. 104.2. State enforcement:. In accordance with § 27-98 of the Code of Virginia, the State Fire Marshal shall also have the authority, in cooperation with any local governing body, to enforce the SFPC. The State Fire Marshal shall also have authority to enforce the SFPC in those jurisdictions in which the local governments do not enforce the SFPC and may establish such procedures or requirements as may be necessary for the administration and enforcement of the SFPC in such jurisdictions.
D. 104.3. State structures:. Every agency, commission or institution of this Commonwealth, including all institutions of higher education, shall permit, at all reasonable hours, the fire official reasonable access to existing structures or a structure under construction or renovation, for the purpose of performing an informational and advisory fire safety inspection. The fire official is permitted to submit, subsequent to performing such inspection, his findings and recommendations, including a list of corrective actions necessary to ensure that such structure is reasonably safe from the hazards of fire, to the appropriate official of such agency, commission, or institution and the State Fire Marshal. Such agency, commission or institution shall notify, within 60 days of receipt of such findings and recommendations, the State Fire Marshal and the fire official of the corrective measures taken to eliminate the hazards reported by the fire official. The State Fire Marshal shall have the same power in the enforcement of this section as is provided for in § 27-98 of the Code of Virginia. The State Fire Marshal may enter into an agreement as is provided for in § 9.1-208 of the Code of Virginia with any local enforcement agency that enforces the SFPC to enforce this section and to take immediate enforcement action upon verification of a complaint of an imminent hazard such as a chained or blocked exit door, improper storage of flammable liquids, use of decorative materials, and overcrowding.
13VAC5-51-51. Section105.0.105 Enforcing agency.
A. 105.1. Fire official:. Each enforcing agency shall have an executive official in charge, hereinafter referred to as the "fire official."
Note: Fire officials are subject to sanctions in accordance with the Virginia Certification Standards (13VAC5-21).
B. 105.1.1. Appointment:. The fire official shall be appointed in a manner selected by the local government having jurisdiction. After permanent appointment, the fire official shall not be removed from office except for cause after having been afforded a full opportunity to be heard on specific and relevant charges by and before the appointing authority.
C. 105.1.2. Notification of appointment:. The appointing authority of the local governing body shall notify theDepartment of Housing and Community Development(DHCD) and the State Fire Marshal's Office (SFMO) within 30 days of the appointment or release of the permanent or acting fire official.
D. 105.1.3. Qualifications:. The fire official shall have at least five years of fire-related experience as a firefighter, fire officer, licensed professional engineer or architect, fire or building inspector, contractor or superintendent of fire protection-related or building construction or at least five years of fire-related experience after obtaining a degree in architecture or engineering, with at least three years in responsible charge of work. Any combination of education and experience that would confer equivalent knowledge and ability shall be deemed to satisfy this requirement. The fire official shall have general knowledge of sound engineering practice with respect to the design and construction of structures, the basic principles of fire prevention and protection, the accepted requirements for means of egress and the installation of elevators and other service equipment necessary for the health, safety and general welfare of the occupants and the public. The local governing body may establish additional qualification requirements.
E. 105.2. Certification:. The permanent or acting fire official shall obtain certification from the BHCD in accordance with the Virginia Certification Standards (13VAC5-21) within one year after permanent or acting appointment.
Exception: A fire official appointed prior to April 1, 1994, continuously employed by the same local governing body as the fire official shall comply with required DHCD training under the Virginia Certification Standards (13VAC5-21).
F. 105.2.1. Noncertified fire official:. Except for a fire official exempt from certification under the exception to Section 105.2, any acting or permanent fire official who is not certified as a fire official in accordance with the Virginia Certification Standards (13VAC5-21) shall attend the core module of the Virginia Building Code Academy or an equivalent course in an individual or regional code academy accredited by DHCD within 180 days of appointment. This requirement is in addition to meeting the certification requirement in Section 105.2.
G. 105.3. Technical assistant:. The local governing body or its designee may utilize one or more technical assistants who, in the absence of the fire official, shall have the powers and perform the duties of the fire official.
Note: Technical assistants are subject to sanctions in accordance with the Virginia Certification Standards (13VAC5-21).
H. 105.3.1. Notification:. The fire official shall notify the DHCD within 60 days of the employment, contract or termination of all technical assistants for enforcement of the SFPC.
I. 105.3.2. Qualifications:. A technical assistant shall have at least three years of experience and general knowledge in at least one of the following areas: fire protection, firefighting, electrical, building, plumbing or mechanical trades. Any combination of education and experience that would confer equivalent knowledge and ability shall be deemed to satisfy this requirement. The locality may establish additional qualification requirements.
J. 105.3.3. Certification:. All technical assistants employed by or under contract to an enforcing agency for enforcing the SFPC shall be certified in the appropriate subject area in accordance with the Virginia Certification Standards (13VAC5-21) within one and one-half years after permanent or acting appointment. When required by a locality to have two or more certifications, the remaining certifications shall be obtained within three years from the date of such requirement.
Exception: Any technical assistant continuously employed by or continuously under contract to the same enforcing agency for enforcing the SFPC since before April 1, 1994, shall be exempt from the provisions of this section; however, such exempt technical assistant shall comply with required DHCD training under Virginia Certification Standards (13VAC5-21).
Note: Continuing education and periodic training requirements for DHCD certifications are set out in the Virginia Certification Standards (13VAC5-21).
K. 105.4. Continuing education: Fire officials and technical assistants enforcing the SFPC shall attend periodic training courses as designated by the DHCD.
L. 105.5.K. 105.4 Control of conflict of interest:. The standards of conduct for officials and employees of the enforcing agency shall be in accordance with the provisions of the State and Local Government Conflict of Interests Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.
13VAC5-51-61. Section106.0.106 Duties and powers of the fire official.
A. 106.1. General:. The fire official shall enforce the provisions of the SFPC as provided herein and as interpreted by the StateBuilding Code Technical Review Board(TRB) in accordance with § 36-118 of the Code of Virginia.
B. 106.2. Delegation of duties and powers:. The fire official may delegate duties and powers subject to any limitations imposed by the local governing body. The fire official shall be responsible that any powers and duties delegated are carried out in accordance with this code.
C. 106.3. Inspections:. The fire official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals in accordance with the fire official's written policy. All reports of such inspections by approved agencies or individuals shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The fire official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues in accordance with local policies.
D. 106.3.1. Observations:. When, during an inspection, the fire official or an authorized representative observes an apparent or actual violation of another law, ordinance or code not within the official's authority to enforce, such official shall report the findings to the official having jurisdiction in order that such official may institute the necessary measures.
E. 106.4. Alternatives:. The SFPC provisions are not intended to prevent the use of any safeguards used to protect life and property from the hazards of fire or explosion that are not specifically prescribed by the SFPC, provided that such alternative safeguards comply with the intent of the SFPC. The alternative safeguard offered shall be, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
F. 106.5. Modifications:. The fire official may grant modifications to any provision of the SFPC upon application by the owner or the owner's agent provided the spirit and intent of the SFPC are observed and public health, welfare, and safety are assured.
Note: The current editions of many nationally recognized model codes and standards are referenced by the SFPC. Future amendments to such codes and standards do not automatically become part of the SFPC; however, the fire official should consider such amendments in deciding whether a modification request should be granted.
G. 106.5.1. Supporting data:. The fire official shall require that sufficient technical data be submitted to substantiate the proposed use of any alternative. If it is determined that the evidence presented is satisfactory proof of performance for the use intended, the fire official shall approve the use of such alternative subject to the requirements of this code. The fire official may require and consider a statement from a professional engineer, architect or other competent person as to the equivalency of the proposed modification.
H. 106.5.2. Decision:. The application for modification and the final decision of the fire official shall be in writing and shall be recorded in the permanent records of the local enforcing agency.
I. 106.6. Notices and orders:. The fire official shall issue all necessary notices or orders to ensure compliance with the SFPC.
J. 106.7. Department records:. The fire official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records or disposed of in accordance with General Schedule Number Ten available from The Library of Virginia.
13VAC5-51-81. Section107.0.107 Permits and fees.
A. 107.1. Prior notification:. The fire official may require notification prior to (i) activities involving the handling, storage or use of substances, materials or devices regulated by the SFPC; (ii) conducting processes which produce conditions hazardous to life or property; or (iii) establishing a place of assembly.
B. 107.2. Permits required:. Operational permits may be required by the fire official as permitted under the SFPC in accordance with Table 107.2, except that the fire official shall require permits for the manufacturing, storage, handling, use, and sale of explosives. In accordance with Section 5601.2.3.1, an application for a permit to manufacture, store, handle, use, or sell explosives shall only be made by a designated individual.
Exception: Such permits shall not be required for the storage of explosives or blasting agents by the Virginia Department of State Police provided notification to the fire official is made annually by the Chief Arson
C. Add Table 107.2 as follows:
Table 107.2.
OPERATIONAL PERMIT REQUIREMENTS (to be filled in by local jurisdiction). |
Description | Permit Required (yes or no) | Permit Fee | Inspection Fee |
Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. |
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Amusement buildings. An operational permit is required to operate a special amusement building. |
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Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. |
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Carnivals and fairs. An operational permit is required to conduct a carnival or fair. |
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Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. |
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Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. |
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Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: An operational permit is not required for agricultural storage. |
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Compressed gas. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. | | | |
Permit Amounts for Compressed Gases | | | |
Type of Gas | Amount (cubic feet at NTP) | | | |
Corrosive | 200 | | | |
Flammable (except cryogenic fluids and liquefied petroleum gases) | 200 | | | |
Highly toxic | Any Amount | | | |
Inert and simple asphyxiant | 6,000 | | | |
Oxidizing (including oxygen) | 504 | | | |
Pyrophoric | Any Amount | | | |
Toxic | Any Amount | | | |
For SI: 1 cubic foot = 0.02832 m3. | | | |
Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid-fired or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. | | | |
Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed below. Exception: Operational permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. | | | |
Permit Amounts for Cryogenic Fluids | | | |
Type of Cryogenic Fluid | Inside Building (gallons) | Outside Building (gallons) | | | |
Flammable | More than 1 | 60 | | | |
Inert | 60 | 500 | | | |
Oxidizing (includes oxygen) | 10 | 50 | | | |
Physical or health hazard not indicated above | Any Amount | Any Amount | | | |
For SI: 1 gallon = 3.785 L. | | | |
Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. | | | |
Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. | | | |
Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. | | | |
Explosives, fireworks, and pyrotechnics. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive materials, fireworks, pyrotechnic special effects, or pyrotechnic special effects material within the scope of Chapter 56. Exception: Storage in Group R-3 or R-5 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale, and in accordance with the quantity limitations and conditions set forth in Section 5601.1, exception numbers four and 12. | | | |
Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes that are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves. | | | |
Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems. 2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following: | | | |
2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. | | | |
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. 4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 6. To install, alter, remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 8. To manufacture, process, blend or refine flammable or combustible liquids. | | | |
Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. | | | |
Fruit and crop ripening. An operational permit is required to operate a fruit- ripening or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. | | | |
Fumigation, thermal, and insecticidal fogging. An operational permit is required to operate a business of fumigation, thermal, or insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. | | | |
Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below. | | | |
Permit Amounts for Hazardous Materials | | | |
Type of Material | Amount | | | |
Combustible liquids | See flammable and combustible liquids | | | |
Corrosive materials | | | | |
Gases | See compressed gases | | | |
Liquids | 55 gallons | | | |
Solids | 1000 pounds | | | |
Explosive materials | See explosives | | | |
Flammable materials | | | | |
Gases | See compressed gases | | | |
Liquids | See flammable and combustible liquids | | | |
Solids | 100 pounds | | | |
Highly toxic materials | | | | |
Gases | See compressed gases | | | |
Liquids | Any amount | | | |
Solids | Any amount | | | |
Oxidizing materials | | | | |
Gases | See compressed gases | | | |
Liquids | | | | |
Class 4 | Any amount | | | |
Class 3 | 1 gallona | | | |
Class 2 | 10 gallons | | | |
Class 1 | 55 gallons | | | |
Solids | | | | |
Class 4 | Any amount | | | |
Class 3 | 10 poundsb | | | |
Class 2 | 100 pounds | | | |
Class 1 | 500 pounds | | | |
Organic peroxides | | | | |
Liquids | | | | |
Class I | Any amount | | | |
Class II | Any amount | | | |
Class III | 1 gallon | | | |
Class IV | 2 gallons | | | |
Class V | No permit required | | | |
Solids | | | | |
Class I | Any amount | | | |
Class II | Any amount | | | |
Class III | 10 pounds | | | |
Class IV | 20 pounds | | | |
Class V | No permit required | | | |
Pyrophoric materials | | | | |
Gases | See compressed gases | | | |
Liquids | Any amount | | | |
Solids | Any amount | | | |
Toxic materials | | | | |
Gases | See compressed gases | | | |
Liquids | 10 gallons | | | |
Solids | 100 pounds | | | |
Unstable (reactive) materials | | | |
Liquids | | | | |
Class 4 | Any amount | | | |
Class 3 | Any amount | | | |
Class 2 | 5 gallons | | | |
Class 1 | 10 gallons | | | |
Solids | | | | |
Class 4 | Any amount | | | |
Class 3 | Any amount | | | |
Class 2 | 50 pounds | | | |
Class 1 | 100 pounds | | | |
Water reactive materials | | | | |
Liquids | | | |
Class 3 | Any amount | | | |
Class 2 | 5 gallons | | | |
Class 1 | 55 gallons | | | |
Solids | | | | |
Class 3 | Any amount | | | |
Class 2 | 50 pounds | | | |
Class 1 | 500 pounds | | | |
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. a. Twenty gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less. b. Two hundred pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less. | | | |
HPM facilities. An operational permit is required to store, handle or use hazardous production materials. | | | |
High piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2). | | | |
Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision. | | | |
Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30. | | | |
Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). | | | |
Liquid-fueled or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid-fueled or gas-fueled vehicles or equipment in assembly buildings. | | | |
LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exception: An operational permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons (1893 L), serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas. | | | |
Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. | | | |
Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. | | | |
Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. | | | |
Open flames and candles. An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. | | | |
Open flames and torches. An operational permit is required to remove paint with a torch, or to use a torch or open-flame device in a wildfire risk area. | | | |
Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day. | | | |
Places of assembly. An operational permit is required to operate a place of assembly. | | | |
Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants. Exception: An operational permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants. | | | |
Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. | | | |
Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. | | | |
Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. | | | |
Repair garages and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations. | | | |
Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. | | | |
Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24. | | | |
Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. | | | |
Temporary membrane structures and tents. An operational permit is required to operate an air-supported temporary membrane structure or a tent. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons. | | | |
Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant. | | | |
Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. | | | |
Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). | | | |
| | | | | | | |
D. 107.3. Application forpermit:. Application for a permit shall be made on formsprescribed by the fire official.
E. 107.4. Issuance of permits:. Before apermit is issued, the fire official shall make such inspections or tests as arenecessary to assure that the use and activities for which application is madecomply with the provisions of this code.
F. 107.5. Conditions of permit:. Apermit shall constitute permission to store or handle materials or to conductprocesses in accordance with the SFPC, and shall not be construed asauthority to omit or amend any of the provisions of this code. Permits shallremain in effect until revoked or for such period as specified on the permit.Permits are not transferable.
G. 107.6. Annual:. The enforcing agency mayissue annual permits for the manufacturing, storage, handling, use, or sales ofexplosives to any state regulated public utility.
H. 107.7. Approved plans:. Plansapproved by the fire official are approved with the intent that they comply inall respects to this code. Any omissions or errors on the plans do not relievethe applicant of complying with all applicable requirements of this code.
I. 107.8. Posting:.Issued permits shall be kept on the premises designated therein at all timesand shall be readily available for inspection by the fire official.
J. 107.9. Suspension of permit:. Apermit shall become invalid if the authorized activity is not commenced withinsix months after issuance of the permit, or if the authorized activityis suspended or abandoned for a period of six months after the time ofcommencement.
K. 107.10. Local fees:.In accordance with §27-9727-98 of the Code of Virginia, feesmay be levied by the local governing body in order to defray the cost ofenforcement and appeals under the SFPC.However, for the city of Chesapeakeno fee charged for the inspection of any place of religious worship designatedas Assembly Group A-3 shall exceed $50. For purposes of this section,"defray the cost" may include the fair and reasonable costs incurredfor such enforcement during normal business hours but shall not includeovertime costs, unless conducted outside of the normal working hoursestablished by the locality. A schedule of such costs shall be adopted by thelocal governing body in a local ordinance. A locality shall not charge anovertime rate for inspections conducted during the normal business hours establishedby the locality. Nothing herein shall be construed to prohibit a private entityfrom conducting such inspections, provided the private entity has been approvedto perform such inspections in accordance with the written policy of the fireofficial for the locality.
L. 107.11. State Fire Marshal's office permit fees forexplosives, blasting agents, theatrical flame effects, and fireworks:.Except as modified herein, applications for firework or pyrotechnic displaysshall be submitted to and received by the State Fire Marshal's office not lessthan 15 days prior to the planned event. State Fire Marshal's Office permitfees shall be as follows:
1. $150 per year per magazine to store explosives and blastingagents.
2. $250 per year per city or county to use explosives andblasting agents.
3. $200 per year to sell explosives and blasting agents.
4. $250 per year to manufacture explosives, blasting agentsand fireworks.
5. $350 the first day of fireworks, pyrotechnics or proximateaudience displays conducted in any state-owned building and $150 per day foreach consecutive day for identical multi-day events. If an application isreceived by the State Fire Marshal's office less than 15 days prior to theplanned event, the permit fee shall be $550 the first day and $150 per day foreach consecutive day for identical multi-day events. If an application isreceived by the State Fire Marshal's office less than seven days prior to theplanned event, the permit fee shall be $650 the first day and $150 per day foreach consecutive day for identical multi-day events.
6. $250 the first day of fireworks, pyrotechnics or proximateaudience displays conducted out-of-doors on any state-owned property and $150per day for each consecutive day for identical multi-day events. If anapplication is received by the State Fire Marshal's office less than 15 daysprior to the planned event, the permit fee shall be $550 the first day and $150per day for each consecutive day for identical multi-day events. If anapplication is received by the State Fire Marshal's office less than seven daysprior to the planned event, the permit fee shall be $650 the first day and $150per day for each consecutive day for identical multi-day events.
7. $100 per nonrenewable permit, valid for one week from thedate of issuance, for the use of explosives in special operations or emergencyconditions.
8. $300 the first day for flame effects conducted inaccordance with Section 308.3.2 indoors of any state-owned building or outdoorson state-owned property and $200 per day for each consecutive day for identicalmulti-day events, or, if conducted as part of a firework (pyrotechnic) display,$150 the first day and $125 per day for each consecutive day for identicalmulti-day events. If an application for flame effects is received by the StateFire Marshal's office less than 15 days prior to the planned event, the permitfee shall be $550 the first day and $200 per day for each consecutive day foridentical multi-day events or, if conducted as part of a firework (pyrotechnic)display, $200 the first day and $100 per day for each consecutive day foridentical multi-day events. If an application is received by the State FireMarshal's office less than seven days prior to the planned event, the permitfee shall be $650 the first day and $150 per day for each consecutive day foridentical multi-day events or, if conducted as part of a firework (pyrotechnic)display, $300 the first day and $125 per day for each consecutive day foridentical multi-day events.
Exception: Permits shall not be required for the storage ofexplosives or blasting agents by the Virginia Department of State Policeprovided notification to the State Fire Marshal is made annually by the ChiefArson Investigator listing all storage locations within areas where enforcementis provided by the State Fire Marshal's office.
M. 107.12. State annual compliance inspection fees:.Fees for compliance inspections performed by the State Fire Marshal's officeshall be as follows:
1. Nightclubs.
1.1. $350 for occupant load of 100 or less.
1.2. $450 for occupant load of 101 to 200.
1.3. $500 for occupant load of 201 to 300.
1.4. $500 plus $50 for each 100 occupants where occupant loadsexceed 300.
2. Private college dormitories with or without assembly areas.If containing assembly areas, such assembly areas are not included in thecomputation of square footage.
2.1. $150 for 3500 square feet or less.
2.2. $200 for greater than 3500 square feet up to 7000 squarefeet.
2.3. $250 for greater than 7000 square feet up to 10,000square feet.
2.4. $250 plus $50 for each additional 3000 square feet wheresquare footage exceeds 10,000.
3. Assembly areas that are part of private collegedormitories.
3.1. $50 for 10,000 square feet or less provided the assemblyarea is within or attached to a dormitory building.
3.2. $100 for greater than 10,000 square feet up to 25,000square feet provided the assembly area is within or attached to a dormitorybuilding, such as gymnasiums, auditoriums or cafeterias.
3.3. $100 for up to 25,000 square feet provided the assemblyarea is in a separate or separate buildings such as gymnasiums, auditoriums orcafeterias.
3.4. $150 for greater than 25,000 square feet for assemblyareas within or attached to a dormitory building or in a separate or separatebuildings such as gymnasiums, auditoriums or cafeterias.
4. Hospitals.
4.1. $300 for 1 to 50 beds.
4.2. $400 for 51 to 100 beds.
4.3. $500 for 101 to 150 beds.
4.4. $600 for 151 to 200 beds.
4.5. $600 plus $100 for each additional 100 beds where the numberof beds exceeds 200.
5. Facilities licensed by the Virginia Department of SocialServices based on licensed capacity as follows:
5.1. $50 for 1 to 8.
5.2. $75 for 9 to 20.
5.3. $100 for 21 to 50.
5.4. $200 for 51 to 100.
5.5. $300 for 101 to 150.
5.6. $400 for 151 to 200.
5.7. $500 for 201 or more.
Exception: Annual compliance inspection fees for any buildingor groups of buildings on the same site may not exceed $2500.
6. Registered complaints.
6.1. No charge for first visit (initial complaint), and ifviolations are found.
6.2. $51 per hour for each State Fire Marshal's office stafffor all subsequent visits.
7. Bonfires (small and large) on state-owned property.
7.1. For a small bonfire pile with a total fuel area more than3 feet in diameter and more than 2 feet in height, but not more than 9 feet indiameter and not more than 6 feet in height, the permit fee is $50. If anapplication for a bonfire permit is received by the State Fire Marshal's officeless than 15 days prior to the planned event, the permit fee shall be $100. Ifan application for a bonfire permit is received by the State Fire Marshal'soffice less than seven days prior to the planned event, the permit fee shall be$150.
7.2. For a large bonfire pile with a total fuel area more than9 feet in diameter and more than 6 feet in height, the permit fee is $150. Ifan application for a bonfire permit is received by the State Fire Marshal'soffice less than 15 days prior to the planned event, the permit fee shall be$300. If an application for a bonfire permit is received by the State FireMarshal's office less than seven days prior to the planned event, the permitfee shall be $450.
N. 107.13. Fee schedule:. The localgoverning body may establish a fee schedule. The schedule shall incorporateunit rates, which may be based on square footage, cubic footage, estimated costof inspection or other appropriate criteria.
O. 107.14. Payment of fees:. A permitshall not be issued until the designated fees have been paid.
Exception: The fire official may authorize delayed payment offees.
P. 107.14.1. State Fire Marshal's office certificationand permit fees not refundable:. No refund of any part of theamount paid as a permit or certification fee will be made where the applicant,permit or certification holder, for any reason, discontinued an activity,changed conditions, or changed circumstances for which the permit orcertification was issued. However, the permit or certification fee submittedwith an application will be refunded if the permit or certification iscanceled, revoked, or suspended subsequent to having been issued throughadministrative error, or if a permit being applied for is to be obtained from alocally appointed fire official.
13VAC5-51-85. Section108.0.108 Operationalpermits.
A. 108.1. General. Operational permits shall be inaccordance with Section 108. The fire official may require notification priorto (i) activities involving the handling, storage or use of substances,materials or devices regulated by the SFPC; (ii) conducting processes whichproduce conditions hazardous to life or property; or (iii) establishing a placeof assembly.
B. 108.1.1. Permits required. Operational permits maybe required by the fire official in accordance with Table 107.2. The fireofficial shall require operational permits for the manufacturing, storage,handling, use and sale of explosives. Issued permits shall be kept on thepremises designated therein at all times and shall be readily available forinspection by the fire official.
Exceptions:
1. Operational permits will not be required by the State FireMarshal except for the manufacturing, storage, handling, use and sale ofexplosives in localities not enforcing the SFPC.
2. Operational permits will not be required for themanufacturing, storage, handling or use of explosives or blasting agents by theVirginia Department of State Police provided notification to the fire officialis made annually by the Chief Arson Investigator listing all storage locations.
C. 108.1.2. Duration of operational permits.
An operational permit allows the applicant to conduct anoperation or a business for which a permit is required by Section 108.1.1 foreither:
1. A prescribed period.
2. Until renewed, suspended, or revoked.
D. 108.1.3. Operational permits for the same location.When more than one operational permit is required for the same location, thefire official is authorized to consolidate such permits into a single permitprovided that each provision is listed in the permit.
E. 108.2. Application. Application for an operationalpermit required by this code shall be made to the fire official in such formand detail as prescribed by the fire official. Applications for permits shallbe accompanied by such plans as prescribed by the fire official.
F. 108.2.1. Refusal to issue permit. If theapplication for an operational permit describes a use that does not conform tothe requirements of this code and other pertinent laws and ordinances, the fireofficial shall not issue a permit, but shall return the application to theapplicant with the refusal to issue such permit. Such refusal shall, whenrequested, be in writing and shall contain the reasons for refusal.
G. 108.2.2. Inspection authorized. Before a newoperational permit is approved, the fire official is authorized to inspect thereceptacles, vehicles, buildings, devices, premises, storage spaces or areas tobe used to determine compliance with this code or any operational constraintsrequired.
H. 108.2.3. Time limitation of application. Anapplication for an operational permit for any proposed work or operation shallbe deemed to have been abandoned six months after the date of filing, unlesssuch application has been diligently prosecuted or a permit shall have beenissued; except that the fire official is authorized to grant one or moreextensions of time for additional periods not exceeding 90 days each if thereis reasonable cause.
I. 108.2.4. Action on application. The fire officialshall examine or cause to be examined applications for operational permits andamendments thereto within a reasonable time after filing. If the applicationdoes not conform to the requirements of pertinent laws, the fire official shallreject such application in writing, stating the reasons. If the fire officialis satisfied that the proposed work or operation conforms to the requirementsof this code and laws and ordinances applicable thereto, the fire officialshall issue a permit as soon as practicable.
J. 108.3. Conditions of a permit. An operationalpermit shall constitute permission to maintain, store or handle materials; orto conduct processes in accordance with the SFPC, and shall not be construed asauthority to omit or amend any of the provisions of this code.
Note: The building official issues permits to installequipment utilized in connection with such activities or to install or modifyany fire protection system or equipment or any other construction, equipmentinstallation or modification.
K. 108.3.1. Expiration. An operational permit shallremain in effect until reissued, renewed, or revoked for such a period of timeas specified in the permit. Permits are not transferable and any change inoccupancy, operation, tenancy or ownership shall require that a new permit beissued.
L. 108.3.2. Extensions. A permittee holding anunexpired permit shall have the right to apply for an extension of the timewithin which the permittee will commence work under that permit when work isunable to be commenced within the time required by this section for good andsatisfactory reasons. The fire official is authorized to grant, in writing, oneor more extensions of the time period of a permit for periods of not more than90 days each. Such extensions shall be requested by the permit holder inwriting and justifiable cause demonstrated.
M. 108.3.3. Annual. The enforcing agency may issueannual operational permits for the manufacturing, storage, handling, use, orsales of explosives to any state regulated public utility.
N. 108.3.4. Suspension of permit. An operationalpermit shall become invalid if the authorized activity is not commenced withinsix months after issuance of the permit, or if the authorized activity issuspended or abandoned for a period of six months after the time ofcommencement.
O. 108.3.5. Posting. Issued operational permits shallbe kept on the premises designated therein at all times and shall be readilyavailable for inspection by the fire official.
P. 108.3.6. Compliance with code. The issuance orgranting of an operational permit shall not be construed to be a permit for, oran approval of, any violation of any of the provisions of this code or of anyother ordinance of the jurisdiction. Operational permits presuming to giveauthority to violate or cancel the provisions of this code or other ordinancesof the jurisdiction shall not be valid. The issuance of a permit based on otherdata shall not prevent the fire official from requiring the correction oferrors in the provided documents and other data. Any addition to or alterationof approved provided documents shall be approved in advance by the fireofficial, as evidenced by the issuance of a new or amended permit.
Q. 108.3.7. Information on the permit. The fireofficial shall issue all operational permits required by this code on an approvedform furnished for that purpose. The operational permit shall contain a generaldescription of the operation or occupancy and its location and any otherinformation required by the fire official. Issued permits shall bear theoriginal or electronic signature of the fire official or other designeeapproved by the fire official.
R. 108.4. Revocation. The fire official is authorizedto revoke an operational permit issued under the provisions of this code whenit is found by inspection or otherwise that there has been a false statement ormisrepresentation as to the material facts in the application or documents onwhich the permit or approval was based including, but not limited to, any oneof the following:
1. The permit is used for a location or establishment otherthan that for which it was issued.
2. The permit is used for a condition or activity other thanthat listed in the permit.
3. Conditions and limitations set forth in the permit havebeen violated.
4. Inclusion of any false statements or misrepresentations asto a material fact in the application for permit or plans submitted or acondition of the permit.
5. The permit is used by a different person or firm than theperson or firm for which it was issued.
6. The permittee failed, refused or neglected to comply withorders or notices duly served in accordance with the provisions of this codewithin the time provided therein.
7. The permit was issued in error or in violation of anordinance, a regulation, or this code.
13VAC5-51-91. Section109.0.109 Inspection.
A. 109.1. Inspection:. The fire officialmay inspect all structures and premises for the purposes of ascertaining andcausing to be corrected any conditions liable to cause fire, contribute to the spreadof fire, interfere with firefighting operations, endanger life, or anyviolations of the provisions or intent of the SFPC.
Exception: Single family dwellings and dwelling units in twofamily and multiple family dwellings and farm structures shall be exempt fromroutine inspections. This exemption shall not preclude the fire official fromconducting routine inspections in Group R-3 or Group R-5 occupancies operatingas a commercial bed and breakfast as outlined in Section 310.3 of the USBC orinspecting under § 27-98.2 of the Code of Virginia for hazardous conditionsrelating to explosives, flammable and combustible conditions, and hazardousmaterials.
B. 109.1.1. Right to entry:. The fireofficial may enter any structure or premises at any reasonable time to inspectsubject to constitutional restrictions on unreasonable searches and seizures.If entry is refused or not obtained, the fire official may pursue recourse asprovided by law.
Note: Specific authorization and procedures for inspectionsand issuing warrants are set out in §§ 27-98.1 through 27-98.5 of the Code ofVirginia and shall be taken into consideration.
C. 109.1.2. Credentials:. The fireofficial and technical assistants shall carry proper credentials of office wheninspecting in the performance of their duties under the SFPC.
D. 109.2. Coordinated inspections:. Thefire official shall coordinate inspections and administrative orders with anyother state and local agencies having related inspection authority, and shallcoordinate those inspections required by the USBC for new construction wheninvolving provisions of the amended IFC, so that the owners and occupants willnot be subjected to numerous inspections or conflicting orders.
Note: The USBC requires the building official to coordinatesuch inspections with the fire official.
E. 109.3. Other inspections:. Inaccordance with § 9.1-207 of the Code of Virginia, the State Fire Marshal, uponpresenting proper credentials, shall make annual inspections for hazardsincident to fire in all (i) residential care facilities operated by any stateagency, (ii) assisted living facilities licensed or subject to licensurepursuant to Chapter 18 (§ 63.2-1800 et seq.) of Title 63.2 of the Code ofVirginia which are not inspected by a local fire marshal, (iii)student-residence facilities owned or operated by the public institutions ofhigher education in the Commonwealth, and (iv) public schools in theCommonwealth which are not inspected by a local fire marshal. In the event thatany such facility or residence is found to be nonconforming to the SFPC, theState Fire Marshal or local fire marshal may petition any court of competentjurisdiction for the issuance of an injunction.
13VAC5-51-101. Section110.0.110 Unsafeconditions.
A. 110.1. General:. The fire officialshall order the following dangerous or hazardous conditions or materials to beremoved or remedied in accordance with the SFPC:
1. Dangerous conditions which are liable to cause orcontribute to the spread of fire in or on said premises, building or structure,or to endanger the occupants thereof.
2. Conditions which would interfere with the efficiency anduse of any fire protection equipment.
3. Obstructions to or on fire escapes, stairs, passageways,doors or windows, which are liable to interfere with the egress of occupants orthe operation of the fire department in case of fire.
4. Accumulations of dust or waste material in air conditioningor ventilating systems or grease in kitchen or other exhaust ducts.
5. Accumulations of grease on kitchen cooking equipment, oroil, grease or dirt upon, under or around any mechanical equipment.
6. Accumulations of rubbish, waste, paper, boxes, shavings, orother combustible materials, or excessive storage of any combustible material.
7. Hazardous conditions arising from defective or improperlyused or installed electrical wiring, equipment or appliances.
8. Hazardous conditions arising from defective or improperlyused or installed equipment for handling or using combustible, explosive orotherwise hazardous materials.
9. Dangerous or unlawful amounts of combustible, explosive orotherwise hazardous materials.
10. All equipment, materials, processes or operations whichare in violation of the provisions and intent of this code.
B. 110.2. Maintenance:. The owner shallbe responsible for the safe and proper maintenance of any structure, premisesor lot. In all structures, the fire protection equipment, means of egress,alarms, devices and safeguards shall be maintained in a safe and proper operatingcondition as required by the SFPC and applicable referenced standards.
C. 110.3. Occupant responsibility:. If abuilding occupant creates conditions in violation of this code, by virtue ofstorage, handling and use of substances, materials, devices and appliances,such occupant shall be held responsible for the abatement of said hazardousconditions.
D. 110.4. Unsafe structures:. Allstructures that are or shall hereafter become unsafe or deficient in adequateexit facilities or which constitute a fire hazard, or are otherwise dangerousto human life or the public welfare, or by reason of illegal or improper use,occupancy or maintenance or which have sustained structural damage by reason offire, explosion, or natural disaster shall be deemed unsafe structures. Avacant structure, or portion of a structure, unguarded or open at door orwindow shall be deemed a fire hazard and unsafe within the meaning of thiscode. Unsafe structures shall be reported to the building official or buildingmaintenance official who shall take appropriate action under the provisions ofthe USBC to secure abatement. Subsequently, the fire official may request thelegal counsel of the local governing body to institute the appropriateproceedings for an injunction against the continued use and occupancy of thestructure until such time as conditions have been remedied.
E. 110.5. Evacuation:. When, in the fireofficial's opinion, there is actual and potential danger to the occupants orthose in the proximity of any structure or premises because of unsafestructural conditions, or inadequacy of any means of egress, the presence ofexplosives, explosive fumes or vapors, or the presence of toxic fumes, gases ormaterials, the fire official may order the immediate evacuation of the structureor premises. All notified occupants shall immediately leave the structure orpremises and no person shall enter until authorized by the fire official.
F. 110.6. Unlawful continuance:. Anyperson who refuses to leave, interferes with the evacuation of other occupantsor continues any operation after having been given an evacuation order shall bein violation of this code.
Exception: Any person performing work directed by the fireofficial to be performed to remove an alleged violation or unsafe condition.
13VAC5-51-111. Section111.0.111 Violations.
A. 111.1. Notice:. When the fireofficial discovers an alleged violation of a provision of the SFPC or othercodes or ordinances under the fire official's jurisdiction, the fire officialshall prepare a written notice citing the section allegedly violated,describing the condition deemed unsafe and specifying time limitations for therequired abatements to be made to render the structure or premises safe andsecure.
B. 111.1.1. Right of appeal:. Notices ofviolation issued under Section 111.1 shall indicate the right of appeal byreferencing the appeals section of this code.
Exceptions:
1. Summons issued in lieu of a notice of violation inaccordance with Section 111.5 of this code.
2. Documents reflecting uncorrected violations in subsequentinspections to verify compliance.
C. 111.2. Service:. The written noticeof violation of this code shall be served upon the owner, a duly authorized agentor upon the occupant or other person responsible for the conditions underviolation. Such notice shall be served either by delivering a copy of same tosuch persons by mail to the last known post office address, by delivering inperson or by delivering it to and leaving it in the possession of any person incharge of the premises, or, in the case such person is not found upon thepremises, by affixing a copy thereof in a conspicuous place at the entrancedoor or avenue of access. Such procedure shall be deemed the equivalent ofpersonal notice.
D. 111.3. Failure to correct violations:.If the notice of violation is not complied with within the time specified, thefire official shall request the legal counsel of the local governing body toinstitute the appropriate legal proceedings to restrain, correct, or abate suchalleged violation.
E. 111.4. Penalty:. Penalties uponconviction of violating the SFPC shall be as set out in § 27-100 of the Code ofVirginia.
F. 111.5. Summons:. When authorized andcertified in accordance with § 27-34.2 of the Code of Virginia, the fireofficial may, subject to any limitations imposed by the local governing body,issue a summons in lieu of a notice of violation. Fire officials not certifiedin accordance with § 27-34.2 of the Code of Virginia may request thelaw-enforcement agency of the local governing body to make arrests for anyalleged violations of the SFPC or orders affecting the immediate public safety.
13VAC5-51-121. Section112.0.112 Appeals.
A. 112.1. Local Board of Fire Prevention Code Appeals(BFPCA):(LBFPCA). Each local governing body which enforces the SFPC shall have aBFPCALBFPCA to hear appeals as authorized herein or it shallenter into an agreement with the governing body of another county ormunicipality, with some other agency, or with a state agency approved by theDHCD to act on appeals. An appeal case decided by some other approved agencyshall constitute an appeal in accordance with this section and shall be finalunless appealed to the StateBuilding Code Technical Review Board(TRB).
B. 112.2. Membership:. TheBFPCALBFPCAshall consist of at least five members appointed by the local governing bodyand having terms of office established by written policy. Alternate members maybe appointed to serve in the absence of any regular members and, assuch, shall have the full power and authority of the regular members. Regularand alternate members may be reappointed. Written records of currentmembership, including a record of the current chairman and secretary shall bemaintained in the office of the local governing body. In order to providecontinuity, the terms of the members may be of different length so that lessthan half will expire in any one-year period. TheBFPCALBFPCAshall meetat least once annuallyas necessary to assure a dulyconstituted board, appoint officers as necessary and receive such training onthe code as may be appropriate or necessary from staff of the locality.
C. 112.2.1. Chairman:. TheBFPCALBFPCAshall annually select one of its regular members to serve as chairman. In caseof the absence of the chairman at a hearing, the members present shall selectan acting chairman.
D. 112.2.2. Secretary:. The localgoverning body shall appoint a secretary to theBFPCALBFPCA tomaintain a detailed record of all proceedings.
E. 112.3. Qualifications of members: BFPCALBFPCA.members shall be selected by the local governing body on the basis of theirability to render fair and competent decisions regarding application of theSFPC and shall, to the extent possible, represent different occupational orprofessional fields relating to building construction or fire prevention. Atleast one member should be an experienced builder and one member a licensedprofessional engineer or architect. Employees or officials of the localgoverning body shall not serve as members of theBFPCALBFPCA.
F. 112.4. Disqualification of member:. Amember shall not hear an appeal in which that member has conflict of interestin accordance with the State and Local Government Conflict of Interests Act,Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.
G. 112.5. Application for appeal:. Theowner of a structure, the owner's agent or any other person involved in the design,construction or maintenance of the structure may appeal a decision of the fireofficial concerning the application of the SFPC or the fire official's refusalto grant modification under Section 106.5 to the provisions of the SFPC. Theappeal shall first lie to thelocal board of fire prevention code appeals(BFPCA)LBFPCA and then to theTRBState Review Boardexcept that appeals concerning the application of the SFPC or refusal to grantmodifications by the State Fire Marshal shall be made directly to theTRBState Review Board. The appeal shall be submitted to theBFPCALBFPCAwithin 14 calendar days of the application of the SFPC. The application shallcontain the name and address of the owner of the structure and the personappealing if not the owner. A copy of the written decision of the fire officialshall be submitted along with the application for appeal and maintained as partof the record. The application shall be stamped or otherwise marked by theBFPCALBFPCA to indicate the date received. Failure to submit an applicationfor appeal within the time limit established by this section shall constituteacceptance of the fire official's decision.
Note: In accordance with § 27-98 of the Code of Virginia, anylocal fire code may provide for an appeal to a local board of appeals. If nolocal board of appeals exists, theTRBState Review Board shallhear appeals of any local fire code violation.
H. 112.6. Notice of meeting:. TheBFPCALBFPCA shall meet within 30 calendar days after the date of receipt ofthe application for appeal. Notice indicating the time and place of the hearingshall be sent to the parties in writing to the addresses listed on theapplication at least 14 calendar days prior to the date of the hearing. Lessnotice may be given if agreed upon by the applicant.
I. 112.7. Hearing procedures:. Allhearings before theBFPCALBFPCA shall be open to the public. Theappellant, the appellant's representative, the local governing body'srepresentative and any person whose interests are affected shall be given anopportunity to be heard. The chairman shall have the power and duty to directthe hearing, rule upon the acceptance of evidence and oversee the record of allproceedings.
J. 112.7.1. Postponement:. When a quorumof theBFPCALBFPCA is not present to hear an appeal, either theappellant or the appellant's representative shall have the right to request apostponement of the hearing. TheBFPCALBFPCA shall reschedulethe appeal within 30 calendar days of the postponement.
K. 112.8. Decision:. TheBFPCALBFPCAshall have the power to uphold, reverse or modify the decision of the fireofficial by a concurring vote of a majority of those present. Decisions of theBFPCALBFPCA shall be final if no appeal is made therefrom and the appellantand the fire official shall act accordingly.
L. 112.8.1. Resolution:. TheBFPCA'sLBFPCA's decision shall be by resolution signed by the chairman andretained as part of the record by theBFPCALBFPCA. The followingwording shall be part of the resolution: "Any person who was a party tothe appeal may appeal to the State Building Code Technical Review Board(TRB)(State Review Board) by submitting an application to theTRBStateReview Board within 21 calendar days upon receipt by certified mail of thisresolution. Application forms are available from the Office of theTRBStateReview Board, 600 East Main Street, Richmond, Virginia 23219, (804)371-7150." Copies of the resolution shall be furnished to all parties.
M. 112.9. Appeal to theTRB:State ReviewBoard. After final determination by theBFPCALBFPCA, anyperson who was a party to the local appeal may appeal to theTRBStateReview Board. Application shall be made to theTRBState ReviewBoard within 21 calendar days of receipt of the decision to be appealed.Application for appeal to theTRBState Review Board arising fromthe SFMO's enforcement of the code or from any local fire code violation if nolocal board of appeals exists shall be made to theTRBState ReviewBoard within 14 calendar days of receipt of the decision to be appealed andshall be accompanied by copies of the inspection reports and other relevantinformation. Failure to submit an application for appeal within the time limitestablished by this section shall constitute an acceptance of theBFPCA'sLBFPCA's resolution or fire official's decision.
N. 112.9.1. Information to be submitted:.Copies of the fire official's decision and the resolution of theBFPCALBFPCAshall be submitted with the application for appeal. Upon request by the officeof theTRBState Review Board, theBFPCALBFPCAshall submit a copy of all inspection reports and all pertinent informationfrom the record of theBFPCALBFPCA.
O. 112.9.2. Decision ofTRB:State ReviewBoard. Procedures of theTRBState Review Board are inaccordance with Article 2 (§ 36-108 et seq.) of Chapter 6 of Title 36 of theCode of Virginia. Decisions of theTRBState Review Board shallbe final if no appeal is made therefrom and the appellant and the code officialshall act accordingly.
13VAC5-51-130. IFC Section202.0.202Definitions.
A. Add the following definitionsto read:
Background clearance card or BCC:. Anidentification card issued to an individual who is not a certified blaster orpyrotechnician and is responsible management or an employee of a company,corporation, firm, or other entity, solely for the purpose of submitting anapplication to the fire official for a permit to manufacture, use, handle,store, or sell explosive materials; or conduct a fireworks display. A person towhom a BCC has been issued can fulfill the role of a designated individual onan application for a permit to manufacture, use, handle, store, or sellexplosive materials; or on an application for a permit to design, setup, andconduct a fireworks display.
Blaster, restricted:. Any person engaging in theuse of explosives or blasting agents utilizing five pounds (2.25 kg) or lessper blasting operation and using instantaneous detonators. A certifiedrestricted blaster can fulfill the role of a designated individual on anapplication for permit to manufacture, use, handle, store, or sell explosivematerials.
Blaster, unrestricted:. Any person engaging inthe use of explosives or blasting agents without the limit to the amount ofexplosives or blasting agents or type of detonator. A certified unrestrictedblaster can fulfill the role of a designated individual on an application forpermit to manufacture, use, handle, store, or sell explosive materials.
Chemical fume hood. A ventilated enclosure designed tocontain and exhaust fumes, gases, vapors, mists, and particulate mattergenerated within the hood.
Design:. For the purposes of a fireworksdisplay, either inside a building or structure or outdoors, it shall mean thepyrotechnician who will be in attendance and makes the final artisticdetermination for the placement of fireworks and ground display pieces suitablefor the display site.
Designated individual:. A person who is inpossession of a BCC issued by the SFMO, certified by the SFMO as apyrotechnician, or a restricted or unrestricted blaster, any of whom areresponsible for ensuring compliance with state law and regulations relating toblasting agents and explosives and applying for explosives or firework permits;is at least 21 years of age; and demonstrates the capability to effectivelycommunicate safety messages verbally and in writing in the English language.
DHCD:. The Virginia Department of Housing andCommunity Development.
Laboratory suite. A fire-rated enclosed laboratory areathat will provide one or more laboratory spaces, within a Group B educationaloccupancy, that are permitted to include ancillary uses such as offices,bathrooms, and corridors that are contiguous with the laboratory area and areconstructed in accordance with Section 430.3 of the USBC, Part I, Construction.
LBFPCA. Local Board of Fire Prevention Code Appeals.
Local government, local governing body or locality:.The governing body of any county, city, or town, other political subdivisionand state agency in this Commonwealth charged with the enforcement of the SFPCunder state law.
Night club:. Any building or portion thereof inwhich the main use is a place of public assembly that provides exhibition,performance or other forms or entertainment; serves alcoholic beverages; andprovides music and space for dancing.
Permissible fireworks:. Any sparklers,fountains, Pharaoh's serpents, caps for pistols, or pinwheels commonly known aswhirligigs or spinning jennies.
Pyrotechnician (firework operator):. Any personsupervising or engaged in the design, setup, or conducting of any fireworksdisplay, either inside a building or outdoors. A certified pyrotechnician canfulfill the role of a designated individual on an application for a permit fora fireworks display.
Pyrotechnician, aerial:. A person supervising orengaged in the design, setup, or conducting of an outdoor aerial fireworksdisplay performed in accordance with the regulations as set forth in this codeand NFPA 1123, a referenced standard for fireworks displays.
Pyrotechnician, proximate:. A person supervisingor engaged in the design, setup, or conducting of a fireworks display, eitherinside a building or outdoors, performed in accordance with the regulations asset forth in this code and NFPA 1126, a referenced standard for the use ofpyrotechnics before a proximate audience.
Responsible management:. A person who is any ofthe following:
1. The sole proprietor of a sole proprietorship.
2. The partners of a general partnership.
3. The managing partners of a limited partnership.
4. The officers or directors of a corporation.
5. The managers or members of a limited liability company.
6. The managers, officers or directors of an association.
7. Individuals in other business entities recognized under thelaws of the Commonwealth as having a fiduciary responsibility to the firm.
Sky lantern: An unmanned device with a fuel source thatincorporates an open flame in order to make the device airborne.
Sole proprietor:. A person or individual, not acorporation, who is trading under his own name or under an assumed orfictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76of the Code of Virginia.
Special expert. An individual who has demonstrated qualificationsin a specific area, outside the practice of architecture or engineering,through education, training, and experience.
State Fire Marshal:. The State Fire Marshal asprovided for by § 9.1-206 of the Code of Virginia.
State Regulated Care Facility (SRCF):. Abuilding with an occupancy in Group R-2, R-3, R-4, or R-5 occupied by personsin the care of others where program oversight is provided by the VirginiaDepartment of Social Services, the Virginia Department of Behavioral Health andDevelopmental Services, the Virginia Department of Education or the VirginiaDepartment of Juvenile Justice.
State Review Board. The Virginia State Building CodeTechnical Review Board as established under § 36-108 of the Code of Virginia.
Teaching and research laboratory. A building or portion ofa building where hazardous materials are stored, used, and handled for thepurpose of testing, analysis, teaching, research, or developmental activitieson a nonproduction basis rather than in a manufacturing process.
Technical Assistant:. Any person employed by orunder an extended contract to a local enforcing agency for enforcing the SFPC.For the purposes of this definition, an extended contract shall be a contractwith an aggregate term of 18 months or longer.
TRB: The Virginia State Building Code Technical ReviewBoard.
USBC:. The Virginia Uniform Statewide BuildingCode (13VAC5-63).
B. Add the following definition under the term"Occupancy Classification--Residential Group R"to read:
Residential Group R-5. Detached one and two-family dwellingsand multiple single-family dwellings (townhouses) not more than three storieshigh with separate means of egress and their accessory structures. The terms"R-5" and "one and two-family dwelling" where used in thiscode shall be interchangeable.
C. Change the following definitions to read:
Automatic fire-extinguishing system:. Anapproved system of devices and equipment that automatically detects a fire anddischarges an approved fire-extinguishing agent onto or in the area of a fire. Suchsystem shall include an automatic sprinkler system, unless otherwise expresslystated.
Fire code official:. The officer or otherdesignated authority charged with administration and enforcement of this code,or a duly authorized representative. For the purpose of this code, the terms"code official" and "fire official" shall have the samemeaning as the term "fire code official" and, in addition, suchofficial shall have the powers outlined in § 27-98.1 of the Code ofVirginia.
Fireworks:. Any firecracker, torpedo, skyrocket,or other substance or object, of whatever form or construction, that containsany explosive or inflammable compound or substance, and is intended, orcommonly known, as fireworks and that explodes, rises into the air or travelslaterally, or fires projectiles into the air. Fireworks shall not includeautomobile flares, paper caps containing not more than the average of 0.25grain (16 mg) of explosive content per cap or toy pistols, toy canes, toy guns,or other devices utilizing such caps and items commonly known as party poppers,pop rocks, and snap-n-pops. Fireworks may be further delineated and referred toas:
Fireworks, 1.4G (formerly known as Class C, Common Fireworks):.Small fireworks devices containing restricted amounts of pyrotechniccomposition designed primarily to produce visible or audible effects bycombustion. Such 1.4G fireworks that comply with the construction, chemicalcomposition, and labeling regulations of the DOTn for Fireworks, UN0336, andthe U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR Parts1500 and 1507, are not explosive materials for the purpose of this code.
Fireworks, 1.3G (formerly Class B, Special Fireworks):.Large fireworks devices, which are explosive materials, intended for the use infireworks displays and designed to produce audible or visible effects bycombustion, deflagration, or detonation. Such 1.3G fireworks include, but arenot limited to, firecrackers containing more than 130 milligrams (2 grains) ofexplosive composition, aerial shells containing more than 40 grams ofpyrotechnic composition, and other display pieces that exceed the limits forclassification as 1.4G fireworks. Such 1.3G fireworks are also described asFireworks, UN0335 by the DOTn.
Smokeless propellants:. Solid propellants,commonly referred to as smokeless powders or any propellant classified by DOTnas a smokeless propellant in accordance with NA3178, Smokeless Powder for SmallArms, used in small arms ammunition, firearms, cannons, rockets, propellant-actuateddevices, and similar articles.
13VAC5-51-131. IFC Chapter 3. General Requirements.
A. Change Section 301.2 to read:
301.2. Permits. Permits shall be required as set forthin Section 107.2 for the activities or uses regulated by Sections 306, 307,308, and 315.
B. Add Section 301.3 to read:
301.3. Occupancy. The occupancy of a structure shall becontinued as originally permitted under and in full compliance with the codesin force at the time of construction or alteration. The occupancy of astructure shall not change to another occupancy that will subject the structureto any special provisions of this code or the USBC without the approval of thebuilding official.
C. Add the following to the list of definitions in Section302.1:
Sky lantern.
D.C. Change Section 304.3.2 to read:
304.3.2. Capacity exceeding 5.88 cubic feet. Containerswith a capacity exceeding 5.88 cubic feet (44 gallons) (0.17 m³) shall beprovided with lids. Containers and lids shall be constructed of noncombustiblematerials or approved combustible materials.
E.D. Add an exception to Section 307.1 toread:
Exception: Approved outdoor live fire training using equipmentor appliances accessible or available to the general public, and that complieswith Section 307.4.
F.E. Change Section 307.2 to read:
307.2. Permit required. A permit shall be obtained fromthe fire code official in accordance with Section 107.2 prior to kindling afire for recognized silvicultural or range or wildlife management practices,prevention or control of disease or pests, or a bonfire. Application for suchapproval shall only be presented by and permits issued to the owner of the landupon which the fire is to be kindled.
G. Add Section 308.1.6.3 to read:
308.1.6.3. Sky lanterns. No person shall release or causeto be released an untethered sky lantern.
H.F. Change Section 308.2 to read:
308.2. Permits required. Permits shall be obtained fromthe fire code official in accordance with Section 107.2 prior to engaging inthe following activities involving open flame, fire, and burning:
1. Use of a torch or flame-producing device to remove paintfrom a structure.
2. Use of open flame, fire, or burning in connection withGroup A or E occupancies.
3. Use or operation of torches and other devices, machines, orprocesses liable to start or cause fire in or upon wildfire risk areas.
I.G. Change Section 311.1 to read:
311.1. General. Temporarily unoccupied buildings,structures, premises, or portions thereof, including tenant spaces, shall besafeguarded and maintained in accordance with Sections 311.1.1 through311.5.6311.6.
J.H. Add Section 311.5.6 to read:
311.5.6. Removal. Removal of placards posted inaccordance with this section without the approval of the fire official shall bea violation of this code.
K. Add Section 311.6 to read:
311.6. Unoccupied tenant spaces in mall buildings.Unoccupied tenant spaces in covered and open mall buildings shall be:
1. Kept free from the storage of any materials.
2. Separated from the remainder of the building bypartitions of at least 0.5-inch-thick (12.7 mm) gypsum board or an approvedequivalent to the underside of the ceiling of the adjoining tenant spaces.
3. Without doors or other access openings other than onedoor that shall be kept key locked in the closed position except during thattime when opened for inspection.
4. Kept free from combustible waste and be broom sweptclean.
L.I. ChangeSection 314.1 to read:
314.1. General. Indoor displays constructed within anybuilding or structure shall comply with Sections 314.2 through 314.5.
M.J. Add Section 314.5 to read:
314.5. Smokeless powder and small arms primers. Vendersshall not store, display, or sell smokeless powder or small arms primers duringtrade shows inside exhibition halls except as follows:
1. The amount of smokeless powder displayed by each vender islimited to the amount established in Section 5606.5.1.1.
2. The amount of smokeless powder each vender may store islimited to the storage arrangements and storage amounts established in Section5606.5.2.1. Smokeless powder shall remain in the manufacturer's original sealedcontainer, and the container shall remain sealed while inside the building. Therepackaging of smokeless powder shall not be performed inside the building.Damaged containers shall not be repackaged inside the building and shall beimmediately removed from the building in such manner to avoid spilling anypowder.
3. There shall be at least 50 feet separation between vendersand 20 feet from any exit.
4. Small arms primers shall be displayed and stored in themanufacturer's original packaging and in accordance with the requirements ofSection 5606.5.2.3.
N.K. Change Section 315.2 to read:
315.2. Permit required. A permit for miscellaneouscombustible storage shall be required as set forth in Section 107.2.
O.L. Change Section 315.4 to read:
315.4. Outside storage. Outside storage of combustiblematerials shall not be located within 10 feet (3048 mm) of a property line orother building on the site.
Exceptions:
1. The separation distance is allowed to be reduced to 3 feet(914 mm) for storage not exceeding 6 feet (1829 mm) in height.
2. The separation distance is allowed to be reduced when thefire official determines that no hazard to the adjoining property exists.
P.M. Change Section 315.4.1 to read:
315.4.1. Storage beneath overhead projections frombuildings. To the extent required by the code the building was constructedunder, when buildings are required to be protected by automatic sprinklers, theoutdoor storage, display, and handling of combustible materials under eaves,canopies, or other projections or overhangs is prohibited except whereautomatic sprinklers are installed under such eaves, canopies, or otherprojections or overhangs.
13VAC5-51-132. IFC Chapter 4. Emergency Planning andPreparedness.
A. Add Section 401.1.1 to read:
401.1.1. State Regulated Care Facilities. When a statelicense is required by the Virginia Department of Social Services; VirginiaDepartment of Behavioral Health and Developmental Services; Virginia Departmentof Education; or Virginia Department of Juvenile Justice to operate, SRCF shallcomply with this section and the provisions of Section404.0404.
B.ChangeAdd Section403403.1.1to read:
Section 403.
Emergency Preparedness Requirements.
403.1. General. In addition to the requirements of Section401, occupancies, uses and outdoor locations shall comply with the emergencypreparedness requirements set forth in Sections 403.2 through 403.11. Where afire safety and evacuation plan is required by Sections 403.2 through 403.11,evacuation drills shall be in accordance with Section 405 and employee trainingshall be in accordance with Section 406.
403.1.1. Maintaining occupant load posting. Occupantload postings required by the building code are required to be maintained.
403.2. Group A occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor Group A occupancies, other than those occupancies used exclusively forpurposes of religious worship with an occupant load less than 2,000, and forbuildings containing both a Group A occupancy and an atrium. Group Aoccupancies shall also comply with Sections 403.2.1 through 403.2.4.
403.2.1. Seating plan. In addition to the requirements ofSection 404.2, the fire safety and evacuation plans for assembly occupanciesshall include a detailed seating plan, occupant load and occupant load limit.Deviations from the approved plans shall be allowed provided the occupant loadlimit for the occupancy is not exceeded and the aisles and exit accesswaysremain unobstructed.
403.2.2. Announcements. In theaters, motion picturetheaters, auditoriums and similar assembly occupancies in Group A used fornoncontinuous programs, an audible announcement shall be made not more than 10minutes prior to the start of each program to notify the occupants of the locationof the exits to be used in the event of a fire or other emergency.
Exception: In motion picture theaters, the announcement isallowed to be projected upon the screen in a manner approved by the fire codeofficial.
C. Add Sections 403.2.2.1, 403.2.2.1.1, and 403.2.2.1.2 toread:
403.2.2.1. Night clubs. Night clubs shall comply withSections 403.2.2.1.1 and 403.2.2.1.2.
403.2.2.1.1. Audible announcements. Audibleannouncements shall be made to the occupants no longer than 10 minutes prior tothe start of the entertainment and at each intermission to notify the occupantsof the location of the exits to be used in the event of a fire or otheremergency.
403.2.2.1.2. Occupant load count. Upon request of thefire code official, the owner or operator, or both, will be required to keep arunning count of the occupant load to provide to the fire code official duringperformance hours of operation, entertainment hours of operation, or both.
403.2.3. Fire watch personnel. Fire watch personnel shallbe provided where required by Section 403.11.1.
403.2.4. Crowd managers. Crowd managers shall be providedwhere required by Section 403.11.3.
403.3. Group B occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor buildings containing a Group B occupancy where the Group B occupancy has anoccupant load of 500 or more persons or more than 100 persons above or belowthe lowest level of exit discharge.
403.4. Group E occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor Group E occupancies and for buildings containing both a Group E occupancy andan atrium. Group E occupancies shall also comply with Section 403.4.1.
403.4.1. Group E occupancies. Group E occupancies shallcomply with 403.4.1.1 through 403.4.1.3.
403.4.1.1. First emergency evacuation drill. The firstemergency evacuation drill of each school year shall be conducted within 10days of the beginning of classes.
403.4.1.2. Time of day. Emergency evacuation drills shallbe conducted at different hours of the day or evening, during the changing ofclasses, when the school is at assembly, during the recess or gymnasticperiods, or during other times to avoid distinction between drills and actualfires.
403.4.1.3. Assembly points. Outdoor assembly areas shall bedesignated and shall be located a safe distance from the building being evacuatedso as to avoid interference with fire department operations. The assembly areasshall be arranged to keep each class separate to provide accountability of allindividuals.
403.5. Group F occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor buildings containing a Group F occupancy where the Group F occupancy has anoccupant load of 500 or more persons or more than 100 persons above or belowthe lowest level of exit discharge.
403.6. Group H occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor Group H occupancies. Group H-5 occupancies shall also comply with Section403.6.1.
403.6.1. Group H-5 occupancies. Group H-5 occupancies shallcomply with Sections 403.6.1.1 through 403.6.1.4.
403.6.1.1. Plans and diagrams. In addition to therequirements of Section 404 and Section 407.6, plans and diagrams shall bemaintained in approved locations indicating the approximate plan for each area;the amount and type of HPM stored, handled and used; locations of shutoffvalves for HPM supply piping; emergency telephone locations; and locations ofexits.
403.6.1.2. Plan updating. The plans and diagrams requiredby Section 404, 403.6.1.1 and 407.6 shall be maintained up to date and the firecode official and fire department shall be informed of major changes.
403.6.1.3. Emergency response team. Responsible personsshall be designated as an on-site emergency response team and trained to beliaison personnel for the fire department. These persons shall aid the firedepartment in preplanning emergency responses; identifying locations where HPMis stored, handled and used; and be familiar with the chemical nature of suchmaterial. An adequate number of personnel for each work shift shall bedesignated.
403.6.1.4. Emergency drills. Emergency drills of theon-site emergency response team shall be conducted on a regular basis but notless than once every three months. Records of drills conducted shall bemaintained.
403.7. Group I occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor Group I occupancies. Group I occupancies shall also comply with Sections403.7.1 through 403.7.3.
403.7.1. Group I-1 occupancies. Group I-1 occupancies shallcomply with Sections 403.7.1.1 through 403.7.1.6.
403.7.1.1. Fire safety and evacuation plan. The fire safetyand evacuation plan required by Section 404 shall include special employee actions,including fire protection procedures necessary for residents, and shall beamended or revised upon admission of any resident with unusual needs.
403.7.1.2. Employee training. Employees shall beperiodically instructed and kept informed of their duties and responsibilitiesunder the plan. Such instruction shall be reviewed by employees at intervalsnot exceeding two months. A copy of the plan shall be readily available at alltimes within the facility.
403.7.1.3. Resident training. Residents capable of assistingin their own evacuation shall be trained in the proper actions to take in theevent of a fire. The training shall include actions to take if the primaryescape route is blocked. Where the resident is given rehabilitation orhabilitation training, training in fire prevention and actions to take in theevent of a fire shall be a part of the rehabilitation training program.Residents shall be trained to assist each other in case of fire to the extenttheir physical and mental abilities permit them to do so without additionalpersonal risk.
403.7.1.4. Drill frequency. Emergency evacuation drillsshall be conducted at least six times per year, two times per year on eachshift. Twelve drills shall be conducted in the first year of operation.
403.7.1.5. Drill times. Drills times are not required tocomply with Section 405.4.
403.7.1.6. Resident participation in drills. Emergencyevacuation drills shall involve the actual evacuation of residents to aselected assembly point.
403.7.2. Group I-2 occupancies. Group I-2 occupancies shallcomply with Sections 403.7.2.1 through 403.7.2.3.
403.7.2.1. Drill times. Drill times are not required tocomply with Section 405.4.
403.7.2.2. Evacuation not required. During emergencyevacuation drills, the movement of patients to safe areas or to the exterior ofthe building is not required.
403.7.2.3. Coded alarm signal. When emergency evacuationdrills are conducted after visiting hours or when patients or residents areexpected to be asleep, a coded announcement is allowed instead of audiblealarms.
403.7.3. Group I-3 occupancies. Group I-3 occupancies shallcomply with Sections 403.7.3.1 through 403.7.3.4.
403.7.3.1. Employee training. Employees shall be instructedin the proper use of portable fire extinguishers and other manual firesuppression equipment. Training of new employees shall be provided promptlyupon entrance on duty. Refresher training shall be provided at least annually.
403.7.3.2. Employee staffing. Group I-3 occupancies shallbe provided with 24-hour staffing. An employee shall be within three floors or300 feet (91 440 mm) horizontal distance of the access door of each residenthousing area. In Conditions 3, 4 and 5, as defined in "OccupancyClassification – Institutional Group I-3" in Chapter 2, the arrangementshall be such that the employee involved can start release of locks necessaryfor emergency evacuation or rescue and initiate other necessary emergencyactions within 2 minutes of an alarm.
Exception: An employee shall not be required to be withinthree floors or 300 feet (9144 mm) in areas in which all locks are unlockedremotely and automatically in accordance with Section 408.4 of theInternational Building Code.
403.7.3.3. Notification. Provisions shall be made forresidents in Conditions 3, 4 and 5, as defined in "OccupancyClassification – Institutional Group I-3" in Chapter 2, to readily notifyan employee of an emergency.
403.7.3.4. Keys. Keys necessary for unlocking doorsinstalled in a means of egress shall be individually identifiable by both touchand sight.
403.8. Group M occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor buildings containing a Group M occupancy, where the Group M occupancy hasan occupant load of 500 or more persons or more than 100 persons above or belowthe lowest level of exit discharge, and for buildings containing both a Group Moccupancy and an atrium.
D. Change Section 403.10 to read:
403.9.403.10 Group R occupancies. Group Roccupancies shall comply withthe provisions of this section applicable tothe type of Group R occupancySections 403.10.1 through 403.10.4.
403.9.1. Group R-1 occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor Group R-1 occupancies. Group R-1 occupancies shall also comply withSections 403.9.1.1 through 403.9.1.3.
403.9.1.1. Evacuation diagrams. A diagram depicting twoevacuation routes shall be posted on or immediately adjacent to every requiredegress door from each hotel or motel sleeping unit.
403.9.1.2. Emergency duties. Upon discovery of a fire orsuspected fire, hotel and motel employees shall perform the following duties:
1. Activate the fire alarm system, where provided.
2. Notify the public fire department.
3. Take other action as previously instructed.
403.9.1.3. Fire safety and evacuation instructions.Information shall be provided in the fire safety and evacuation plan requiredby Section 404 to allow guests to decide whether to evacuate to the outside,evacuate to an area of refuge, remain in place, or any combination of thethree.
403.9.2. Group R-2 occupancies. Group R-2 occupancies shallcomply with Sections 403.9.2.1 through 403.9.2.3.
403.9.2.1. College and university buildings. An approvedfire safety and evacuation plan in accordance with Section 404 shall beprepared and maintained for Group R-2 college and university buildings. GroupR-2 college and university buildings shall also comply with Sections403.9.2.1.1 and 403.9.2.1.2.
403.9.2.1.1. First emergency evacuation drill. The firstemergency evacuation drill of each school year shall be conducted within 10days of the beginning of classes.
403.9.2.1.2. Time of day. Emergency evacuation drills shallbe conducted at different hours of the day or evening, during the changing ofclasses, when the school is at assembly, during the recess or gymnasticperiods, or during other times to avoid distinction between drills and actualfires. One required drill shall be held during hours after sunset or beforesunrise.
403.9.2.2. Emergency guide. Fire emergency guides shall beprovided for Group R-2 occupancies. Guide contents, maintenance anddistribution shall comply with Sections 403.9.2.2.1 through 403.9.2.2.3.
403.9.2.2.1. Guide contents. Fire emergency guides shalldescribe the location, function and use of fire protection equipment andappliances accessible to residents, including fire alarm systems, smoke alarms,and portable fire extinguishers. Guides shall also include an emergency evacuationplan for each dwelling unit.
403.9.2.2.2. Emergency guide maintenance. Emergency guidesshall be reviewed and approved by the fire code official.
403.9.2.2.3. Emergency guide distribution. A copy of theemergency guide shall be given to each tenant prior to initial occupancy.
403.9.2.3. Evacuation diagrams for dormitories. A diagramdepicting two evacuation routes shall be posted on or immediately adjacent toevery required egress door from each dormitory sleeping unit. Evacuationdiagrams shall be reviewed and updated as needed to maintain accuracy.
403.9.3. Group R-4 occupancies. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor Group R-4 occupancies. Group R-4 occupancies shall also comply withSections 403.9.3.1 through 403.9.3.6.
403.9.3.1. Fire safety and evacuation plan. The fire safetyand evacuation plan required by Section 404 shall include special employeeactions, including fire protection procedures necessary for residents, andshall be amended or revised upon admission of a resident with unusual needs.
403.9.3.2. Employee training. Employees shall beperiodically instructed and kept informed of their duties and responsibilitiesunder the plan. Such instruction shall be reviewed by employees at intervalsnot exceeding two months. A copy of the plan shall be readily available at alltimes within the facility.
403.9.3.3. Resident training. Residents capable ofassisting in their own evacuation shall be trained in the proper actions totake in the event of a fire. The training shall include actions to take if theprimary escape route is blocked. Where the resident is given rehabilitation orhabilitation training, training in fire prevention and actions to take in theevent of a fire shall be a part of the rehabilitation training program.Residents shall be trained to assist each other in case of fire to the extenttheir physical and mental abilities permit them to do so without additionalpersonal risk.
403.9.3.4. Drill frequency. Emergency evacuation drillsshall be conducted at least six times per year, two times per year on eachshift. Twelve drills shall be conducted in the first year of operation.
403.9.3.5. Drill times. Drills are not required to complywith Section 405.4.
403.9.3.6. Resident participation in drills. Emergencyevacuation drills shall involve the actual evacuation of residents to aselected assembly point and shall provide residents with experience in exitingthrough all required exits. All required exits shall be used during emergencyevacuation drills.
Exception: Actual exiting from windows shall not berequired. Opening the window and signaling for help shall be an acceptablealternative.
E. Add Section 403.10.4 to read:
403.9.4.403.10.4 Group R-3 and R-5 lodgingfacilities. An approved fire safety and evacuation plan in accordance withSection 404 shall be prepared and maintained for Group R-3 and R-5 bed andbreakfast and other transient boarding facilities that are either proprietor ornon-proprietor occupied.
F. Change Section 403.11 to read:
403.10.403.11 Special uses. Special uses shallcomplywith the provisions of this section applicable to the type of special usebein accordance with Sections 403.11.1 through 403.11.5.
403.10.1. Covered and open mall buildings. Covered and openmall buildings shall comply with the requirements of Sections 403.10.1.1through 403.10.1.6.
403.10.1.1. Malls and mall buildings exceeding 50,000square feet. An approved fire safety and evacuation plan in accordance with Section404 shall be prepared and maintained for covered malls exceeding 50,000 squarefeet (4645 m2) in aggregate floor area and for open mall buildingsexceeding 50,000 square feet (4645 m2) in aggregate area withinperimeter line.
403.10.1.2. Lease plan. In addition to the requirements ofSection 404.2.2, a lease plan that includes the following information shall beprepared for each covered and open mall building:
1. Each occupancy, including identification of tenant.
2. Exits from each tenant space.
3. Fire protection features, including the following:
3.1. Fire department connections.
3.2. Fire command center.
3.3. Smoke management system controls.
3.4. Elevators, elevator machine rooms and controls.
3.5. Hose valve outlets.
3.6. Sprinkler and standpipe control valves.
3.7. Automatic fire-extinguishing system areas.
3.8. Automatic fire detector zones.
3.9. Fire barriers.
403.10.1.3. Lease plan approval. The lease plan shall besubmitted to the fire code official for approval, and shall be maintained on sitefor immediate reference by responding fire service personnel.
403.10.1.4. Lease plan revisions. The lease plans shall berevised annually or as often as necessary to keep them current. Modificationsor changes in tenants or occupancies shall not be made without prior approvalof the fire code official and building official.
403.10.1.5. Tenant identification. Tenant identificationshall be provided for secondary exits from occupied tenant spaces that lead toan exit corridor or directly to the exterior of the building. Tenantidentification shall be posted on the exterior side of the exit or exit accessdoor and shall identify the business name or address, or both, using plainlylegible letters and numbers that contrast with their background.
Exception: Tenant identification is not required for anchorstores.
403.10.1.6. Unoccupied tenant spaces. The fire safety andevacuation plan shall provide for compliance with the requirements forunoccupied tenant spaces in Section 311.
403.10.2. High-rise buildings. An approved fire safety andevacuation plan in accordance with Section 404 shall be prepared and maintainedfor high-rise buildings.
403.10.3. Underground buildings. An approved fire safetyand evacuation plan in accordance with Section 404 shall be prepared andmaintained for underground buildings.
G. Add Section 403.11.5 to read:
403.10.4.403.11.5 SRCF. An approved fire safetyand evacuation plan in accordance with Section 404 shall be prepared andmaintained for SRCFs.
403.11. Special requirements for public safety. Specialrequirements for public safety shall be as required in this section.
403.11.1. Fire watch personnel. When, in the opinion of thefire code official, it is essential for public safety in a place of assembly orany other place where people congregate, because of the number of persons orthe nature of the performance, exhibition, display, contest or activity, theowner, agent or lessee shall provide one or more fire watch personnel, asrequired and approved. Fire watch personnel shall comply with Sections403.11.1.1 and 403.11.1.2.
403.11.1.1. Duty times. Fire watch personnel shall remainon duty during the times places requiring a fire watch are open to the public,or when an activity requiring a fire watch is being conducted.
403.11.1.2. Duties. On-duty fire watch personnel shall havethe following duties:
1. Keep diligent watch for fires, obstructions to means ofegress and other hazards.
2. Take prompt measures for remediation of hazards andextinguishment of fires that occur.
3. Take prompt measures to assist in the evacuation of thepublic from the structures.
403.11.2. Public safety plan for gatherings. In other thanGroup A or E occupancies, where the fire code official determines that anindoor or outdoor gathering of persons has an adverse impact on public safetythrough diminished access to buildings, structures, fire hydrants and fireapparatus access roads or where such gatherings adversely affect public safetyservices of any kind, the fire code official shall have the authority to orderthe development of or prescribe a public safety plan that provides an approvedlevel of public safety and addresses the following items:
1. Emergency vehicle ingress and egress.
2. Fire protection.
3. Emergency egress or escape routes.
4. Emergency medical services.
5. Public assembly areas.
6. The directing of both attendees and vehicles, includingthe parking of vehicles.
7. Vendor and food concession distribution.
8. The need for the presence of law enforcement.
9. The need for fire and emergency medical servicespersonnel.
403.11.3. Crowd managers for gatherings exceeding 1,000people. Where facilities or events involve a gathering of more than 1,000people, crowd managers shall be provided in accordance with Section 403.11.3.1.
403.11.3.1. Number of crowd managers. The minimum number ofcrowd managers shall be established at a ratio of one crowd manager for every250 persons.
Exception: Where approved by the fire code official, thenumber of crowd managers shall be permitted to be reduced where the facility isequipped throughout with an approved automatic sprinkler system or based uponthe nature of the event.
403.11.3.2. Duties. The duties of crowd managers shallinclude, but not be limited to:
1. Conduct an inspection of the area of responsibility andidentify and address any egress barriers.
2. Conduct an inspection of the area of responsibility andidentify and mitigate any fire hazards.
3. Verify compliance with all permit conditions, includingthose governing pyrotechnics and other special effects.
4. Direct and assist the event attendees in evacuationduring an emergency.
5. Assist emergency response personnel where requested.
6. Other duties required by the fire code official.
7. Other duties as specified in the fire safety plan.
403.11.3.3. Training. Training for crowd managers shall beapproved.
C. Change Section 404 to read:
Section 404.
Fire Safety, Evacuation and Lockdown Plans.
404.1. General. Where required by Section 403, fire safety,evacuation and lockdown plans shall comply with Sections 404.2 through 404.4.1.
404.2. Contents. Fire safety and evacuation plan contentsshall be in accordance with Sections 404.2.1 and 404.2.2.
404.2.1. Fire evacuation plans. Fire evacuation plans shallinclude the following:
1. Emergency egress or escape routes and whether evacuationof the building is to be complete or, where approved, by selected floors orareas only.
2. Procedures for employees who must remain to operatecritical equipment before evacuating.
3. Procedures for assisted rescue for persons unable to usethe general means of egress unassisted.
4. Procedures for accounting for employees and occupantsafter evacuation has been completed.
5. Identification and assignment of personnel responsiblefor rescue or emergency medical aid.
6. The preferred and any alternative means of notifyingoccupants of a fire or emergency.
7. The preferred and any alternative means of reportingfires and other emergencies to the fire department or designated emergencyresponse organization.
8. Identification and assignment of personnel who can becontacted for further information or explanation of duties under the plan.
9. A description of the emergency voice/alarm communicationsystem alert tone and preprogrammed voice messages, where provided.
404.2.2. Fire safety plans. Fire safety plans shall includethe following:
1. The procedure for reporting a fire or other emergency.
2. The life safety strategy and procedures for notifying,relocating or evacuating occupants, including occupants who need assistance.
3. Site plans indicating the following:
3.1. The occupancy assembly point.
3.2. The locations of fire hydrants.
3.3. The normal routes of fire department vehicle access.
4. Floor plans identifying the locations of the following:
4.1. Exits.
4.2. Primary evacuation routes.
4.3. Secondary evacuation routes.
4.4. Accessible egress routes.
4.5. Areas of refuge.
4.6. Exterior areas for assisted rescue.
4.7. Manual fire alarm boxes.
4.8. Portable fire extinguishers.
4.9. Occupant-use hose stations.
4.10. Fire alarm annunciators and controls.
5. A list of major fire hazards associated with the normaluse and occupancy of the premises, including maintenance and housekeepingprocedures.
6. Identification and assignment of personnel responsiblefor maintenance of systems and equipment installed to prevent or control fires.
7. Identification and assignment of personnel responsiblefor maintenance, housekeeping and controlling fuel hazard sources.
404.2.3. Lockdown plans. Where facilities develop alockdown plan, the lockdown plan shall be in accordance with Sections 404.2.3.1through 404.2.3.3.
404.2.3.1. Lockdown plan contents. Lockdown plans shall beapproved by the fire code official and shall include the following:
1. Initiation. The plan shall include instructions forreporting an emergency that requires a lockdown.
2. Accountability. The plan shall include accountabilityprocedures for staff to report the presence or absence of occupants.
3. Recall. The plan shall include a prearranged signal forreturning to normal activity.
4. Communication and coordination. The plan shall includean approved means of two-way communication between a central location and eachsecured area.
404.2.3.2. Training frequency. The training frequency shallbe included in the lockdown plan. The lockdown drills shall not substitute forany of the fire and evacuation drills required in Section 405.2.
404.2.3.3. Lockdown notification. The method of notifyingbuilding occupants of a lockdown shall be included in the plan. The method of notificationshall be separate and distinct from the fire alarm signal.
404.3. Maintenance. Fire safety and evacuation plans shallbe reviewed or updated annually or as necessitated by changes in staffassignments, occupancy or the physical arrangement of the building.
404.4. Availability. Fire safety and evacuation plans shallbe available in the workplace for reference and review by employees, and copiesshall be furnished to the fire code official for review upon request.
H. Change Section 404.4.1 to read:
404.4.1. Distribution. The fire safety and evacuationplans shall be distributed to the tenants and building service employees by theowner or owner's agent. Tenants shall distribute to their employees applicableparts of the fire safety plan affecting the employees' actions in the event ofa fire or other emergency. Fire safety and evacuation plans shall be madeavailable by the proprietor of Group R-3 and R-5 bed and breakfast and othertransient boarding facilities to transient guests upon their arrival or arepresent in each transient guest room.
D.I. Change Section 405.1 to read:
405.1. General. Emergency evacuation drills complyingwith Sections 405.2 through 405.9 shall be conducted at least annually wherefire safety and evacuation plans are required by Section 403 or when requiredby the fire code official. Drills shall be designed in cooperation with thelocal authorities.
Exception: Emergency evacuation drills shall not be conductedin school buildings during periods of mandatory testing required by theVirginia Board of Education.
E. Delete the "High-rise buildings" row in Table405.2; addJ. Add the following row to Table 405.2; and changefootnotes "a," "b," and "d" of Table 405.2 toread:
Group or Occupancy | Frequency | Participation |
SRCF | Monthly | All occupants |
a. In severe climates, the fire code official shall have the authority to modify the emergency evacuation drill frequency.
b. Fire and evacuation drills in residential care assisted living facilities shall include complete evacuation of the premises in accordance with Section 403.9.3.6. Where occupants receive habilitation or rehabilitation training, fire prevention and fire safety practices shall be included as part of the training program.
d. Applicable to Group R-2 college and university buildings in accordance with Section 403.9.2.1.
|
F.K. Add Section 405.2.1 to read:
405.2.1. High-rise buildings. Fire exit drills shall beconducted annually by building staff personnel or the owner of the building inaccordance with the fire safety plan and shall not affect other currentoccupants.
G. Change Item 4 of Section 405.5 to read:
4. Employees on duty and participating.
H. Change Section 406.1 to read:
406.1. General. Where fire safety and evacuation plans arerequired by Section 403, employees shall be trained in fire emergencyprocedures based on plans prepared in accordance with Section 404.
I. Change Section 406.3.3 to read:
406.3.3. Fire safety training. Employees assignedfirefighting duties shall be trained to know the locations and proper use ofportable fire extinguishers or other manual firefighting equipment and theprotective clothing or equipment required for its safe and proper use.
J. Delete Section 406.3.4.
K. Add Section 406.4 to read:
406.4. Emergency lockdown training. Where a facility has alockdown plan, employees shall be trained on their assigned duties andprocedures in the event of an emergency lockdown.
L. Delete Section 408 in its entirety.
13VAC5-51-133. IFC Chapter 5. Fire Service Features.
A. Change Section 501.2 toread:
501.2. Permits. A permit shall be required as set forthin Section 107.2.
B. Delete Section 501.4.
C. Add exceptions to Section 503.1 to read:
Exceptions:
1. Fire apparatus access roads shall be permitted to beprovided and maintained in accordance with written policy that establish fireapparatus access road requirements and such requirements shall be identified tothe owner or his agent prior to the building official's approval of thebuilding permit.
2. On construction and demolition sites fire apparatus accessroads shall be permitted to be provided and maintained in accordance withSection 3310.1.
D. Add exception to Section 503.2.1 to read:
Exception: Fire apparatus access roads exclusively servingsingle family dwelling or townhouse developments that are fully sprinklered asprovided for in Sections R313.1 or R313.2 of the International Residential Codeshall have an unobstructed width of not less than 18 feet (5486 mm), exclusiveof shoulders.
E. Add Section 503.7 to read:
503.7. Fire lanes for existing buildings. The fire codeofficial is authorized to designate public and private fire lanes as deemednecessary for the efficient and effective operation of fire apparatus. Firelanes shall comply with Sections 503.2 through 503.6.
F. AddSectionsSection507.3.1and 507.3.2 to read:
507.3.1. Fire flow requirements for fully sprinkleredresidential developments. Notwithstanding Section 103.1.2, the fire flowrequirements in TableB105.1B105.1(1) of Appendix B of the IFC,as modified by Section 507.3.2, shall be permitted to be used fordetermining fire flow in single family dwelling and townhouse developmentswhich are fully sprinklered as provided for in Sections R313.1 or R313.2 of theInternational Residential Code.
507.3.2. Modifications to Table B105.1. The first six rowsof columns five and six of Table B105.1 of Appendix B of the IFC shall bemodified as shown below for the use of Table B105.1 in Section 507.3.1.
Type 5-B
| Fire-flow
(gallons per minute)
|
0-5000
| 1000
|
5001-7200
| 1250
|
7201-8200
| 1500
|
8201-9500
| 1750
|
9501-11300
| 2000
|
11301-13000
| 2250
|
G. Change Section 507.5.1 to read:
507.5.1. Where required. Fire hydrant systems shall belocated and installed as directed by the fire department. Fire hydrant systemsshall conform to the written standards of the jurisdiction and the firedepartment.
H. Add Section 507.5.1.2 to read:
507.5.1.2. Fire hydrant requirements for fullysprinklered residential developments. Notwithstanding Section 103.1.2, thenumber and distribution of fire hydrants in TableC105.1C102.1of Appendix C of the IFC shall be permitted to be used in single familydwelling and townhouse developments which are fully sprinklered as provided forin Sections R313.1 or R313.2 of the International Residential Code, with thespacing and distances of fire hydrants indicated in TableC105.1C102.1increased by 100%.
I. Change Section 510 to read:
Section 510.
Maintenance of In-Building Emergency Communication Equipment.
510.1. General. In-building emergency communicationequipment shall be maintained in accordance with USBC and the provisions ofthis section.
510.2. Additional in-building emergency communicationsinstallations. If it is determined by the locality that increased amplificationof their emergency communication system is needed, the building owner shallallow the locality access as well as provide appropriate space within thebuilding to install and maintain necessary additional communication equipmentby the locality. If the building owner denies the locality access orappropriate space, or both, the building owner shall be responsible for theinstallation and maintenance of these additional systems.
510.3. Field tests. After providing reasonable noticeto the owner ortheirthe owner's representative, the fireofficial, police chief, or their agents shall have the right during normalbusiness hours, or other mutually agreed upon time, to enter onto the propertyto conduct field tests to verify that the required level of radio coverage ispresent at no cost to the owner.
13VAC5-51-133.5. IFC Chapter 6. Building Services andSystems.
A. Change Section 601.2 to read:
601.2. Permits. Permits shall be obtained forrefrigeration systems, battery systems and solar photovoltaic power systems asset forth in Section 107.2.
B. Add a note to Section 603.7 to read:
Note: The fire code official may request a copy of the latestcertificate of inspection from the Virginia Department of Labor and Industryfor boilers and pressure vessels subject to such requirements. When thecertificate is not available, the fire code official shall notify theDepartment of Labor and Industry to ensure that the required maintenance andtesting is performed in accordance the Virginia Boiler and Pressure VesselRegulations (16VAC25-50).
C. Add Section604.7604.8 to read:
604.7.604.8 Testing of battery poweredemergency lights and exit signs. Required emergency lighting utilizing batterypowered emergency lights or exit signs, or both, shall be tested annually. Theemergency lights and exit signs shall be tested for proper operation for thetime period established in the building code in effect when the equipment wasinstalled. Written records of tests shall be retained by the owner of thebuilding for a minimum of two years after the test is conducted and shall bemade available to the fire code official upon request.
D. Change Section 605.10.1 to read:
605.10.1. Listed and labeled. Only portable electricspace heaters listed and labeled in accordance with UL 1278 shall be used.
E. Change Section 607.1 to read:
607.1. Operation. Existing elevators with a traveldistance of 25 feet (7620 mm) or more shall comply with the requirements ofSection 607.5 and the USBC, Part III, Maintenance.
F. Change Section 609.3.3.3andadd Section 609.3.3.3.1 to read:
609.3.3.3. Records. Records for inspections shall statethe individual and company performing the inspection, a description of theinspection, and when the inspection took place. Records for cleanings shallstate the individual and company performing the cleaning and when the cleaningtook place. Such records shall be completed after each inspection or cleaningand maintained for a minimum of three years and be copied to the fire codeofficial upon request.
609.3.3.3.1. Tags. Where a commercial kitchen hood or ductsystem is cleaned, a tag containing the service provider name, address,telephone number, and date of service shall be provided in a conspicuouslocation. Prior tags shall be covered or removed.
G. Add an exception to Section 609.3.3.3.1 to read:
Exception: Where records required by Section 609.3.3.3 aremaintained on the premises.
13VAC5-51-133.8. IFC Chapter 7. Fire-Resistance-RatedConstructionFire and Smoke Protection Features.
Change Section 704.1 to read:
704.1. Enclosure. New floor openings in existingbuildings shall comply with the International Building Code.
13VAC5-51-134. IFC Chapter 8. Interior Finish,Decorative Materials and Furnishings.
A. Add exception 3 to Section 806.1.1 to read:
3. Trees shall be permitted in places of worship in Group Aoccupancies.
B. Changeexception 2 in Section807.1807.3to read:
807.1. General requirements. In occupancies in Groups A, E,I and R-1 and dormitories in Group R-2, curtains, draperies, hangings and otherdecorative materials suspended from walls or ceilings shall meet the flamepropagation performance criteria of NFPA 701 in accordance with Section 806.2or be noncombustible.
Exception:
2. In dwelling units or sleeping rooms in Group R-2dormitories, the permissible amount of decorative material suspended from orattached to the walls shall not exceed 50% of the aggregate area of the wallswhere the building has an approved automatic sprinkler system or 20% of theaggregate area of the walls where approved smoke alarms are provided and in thecorridors of such buildings, the permissible amount of decorative materialsuspended from or attached to the walls shall not exceed 10% of the aggregatearea of the walls.
In Groups I-1 and I-2, combustible decorative materialsshall meet the flame propagation criteria of NFPA 701 unless the decorativematerials, including, but not limited to, photographs and paintings, are ofsuch limited quantities that a hazard of fire development or spread is notpresent. In Group I-3, combustible decorative materials are prohibited.
Fixed or movable walls and partitions, paneling, wall padsand crash pads, applied structurally or for decoration, acoustical correction,surface insulation or other purposes, shall be considered interior finish ifthey cover 10% or more of the wall or of the ceiling area, and shall not beconsidered decorative materials or furnishings.
In Group B and M occupancies, fabric partitions suspendedfrom the ceiling and not supported by the floor shall meet the flamepropagation performance criteria in accordance with Section 807.2 and NFPA 701or shall be noncombustible.
13VAC5-51-135. IFC Chapter 9. Fire Protection Systems.
A. Change Section 901.3 to read:
901.3. Permits. Permits shall be required as set forthin Section 107.2.
B. Change Section 901.4.2 to read:
901.4.2. Nonrequired fire protection systems.Nonrequired fire protection systems shall be maintained to function asoriginally installed. If any such systems are to be reduced in function ordiscontinued, approval shall be obtained from the building official inaccordance with Section 103.8.1 of Part I of the USBC.
C. Delete Section 901.4.4.
D. Change Section 901.6 to read:
901.6. Inspection, testing and maintenance. To theextent that equipment, systems, devices, and safeguards, such as firedetection, alarm and extinguishing systems, which were provided and approved bythe building official when constructed, shall be maintained in an operativecondition at all times. And where such equipment, systems, devices, andsafeguards are found not to be in an operative condition, the fire officialshall order all such equipment to be rendered safe in accordance with the USBC.
E. Add Section 901.11 to read:
901.11. Defective equipment. When the fire officialdetermines through investigation or testing or reports by a nationallyrecognized testing agency that specific, required water sprinkler orwater-spray extinguishing equipment has been identified as failing to performor operate through not less than 30 randomly selected sprinkler heads at fouror more building sites anywhere in the nation, the fire official shall orderall such equipment to be rendered safe.
F. Change Section 903.6 to read:
903.6. Where required in existing buildings andstructures. An automatic sprinkler system shall be provided in existingbuildings and structures in accordance with Section 102.7 of this code.
G. Delete Section 905.11.
H. Change Item 1 in Section906.1 to read:
1. In Group A, B, E, F, H, I, M, R-1, R-4 and S occupancies.
Exceptions:
1. In Groups A, B, and E occupancies equipped throughout withquick response sprinklers, portable fire extinguishers shall be required onlyin locations specified in Items 2 through 6.
2. In Group I-3 occupancies, portable fire extinguishers shallbe permitted to be located at staff locations and the access to suchextinguishers shall be permitted to be locked.
I. Add a note to Section 906.1 to read:
Note: In existing buildings, whether fire extinguishers areneeded is determined by the USBC or other code in effect when such buildingswere constructed.
J. Change Section 907.1 to read:
907.1. General. This section covers the application,installation, performance and maintenance of fire alarm systems and theircomponents in new and existing buildings and structures. The requirements ofSection 907.2 are applicable to new buildings and structures.
K. Change Section 907.8.2 to read:
907.8.2. Testing. Testing shall be performed inaccordance with the schedules in Chapter 10 of NFPA 72 or more frequently whererequired by the fire code official. Where automatic testing is performed atleast weekly by a remotely monitored fire alarm control unit specificallylisted for the application, the manual testing frequency shall be permitted tobe extended to annual. In Group R-1 occupancies, battery-powered single stationsmoke detectors shall be tested and inspected at one-month intervals.
Exception: Devices or equipment that are inaccessible forsafety considerations shall be tested during scheduled shutdowns where approvedby the fire code official, but not less than every 18 months.
L. Change Section 907.8.5 to read:
907.8.5. Maintenance, inspection and testing. Thebuilding owner shall be responsible for maintaining the fire and life safetysystems in an operable condition at all times. Service personnel shall meet thequalification requirements of NFPA 72 for maintaining, inspecting and testingsuch systems. A written record shall be maintained and shall be made availableto the fire code official. In addition to all applicable information containedin Figure 14.6.2.2 of NFPA 72, the written record of inspections, testing andmaintenance shall contain the following minimum information:
1. Date, name and address of property.
2. Name of person performing inspection, maintenance andtests, or combination thereof, and affiliation, business address and telephonenumber.
3. Name, address and representative of approving agency oragencies.
4. Test frequency.
5. Designation of the detector or detectors tested (forexample, "Test performed in accordance with Section _______.").
6. Physical location (for example, "Heat detector in mainkitchen; horn-strobe in Room 115.") and a list of all initiating andnotification devices and appliances tested.
7. Functional list of detectors and required sequence ofoperations.
8. Check of all smoke detectors.
9. Loop resistance for all fixed-temperature, line-typedetectors.
10. Other tests as required by either the equipmentmanufacturer's published instructions or the authority having jurisdiction.
11. Signature of tester and approved authority representative.
12. Disposition of problems identified during test (examples,"Owner notified," "Problem corrected or successfully retested,or both," "Device abandoned in place.").
M. Delete Section 907.9.
N. Change Section 908.7 to read:
908.7. Carbon monoxide alarms. Carbon monoxide alarmsshall be maintained as approved.
O. Delete Section 908.7.1.
13VAC5-51-135.5. IFC Chapter 10. Means of Egress.
A. Add Section 1001.3 to read:
1001.3. Overcrowding. Overcrowding, admittance of anyperson beyond the approved occupant load established by the USBC or other buildingcode under which the building was constructed, or obstructing aisles,passageways, or any part of the means of egress shall not be allowed. The firecode official, upon finding any condition that constitutes a life safetyhazard, shall be authorized to cause the event to be stopped until suchcondition or obstruction is corrected.
B. Change Section1029.41030.4 to read:
1029.4.1030.4 Operational constraints.Emergency escape and rescue openings shall be operational from the inside ofthe room without the use of keys or tools. Bars, grilles, grates, or similardevices are permitted to be placed over emergency escape and rescue openingsprovided (i) the minimum net clear opening size complies with Section1029.21030.2, (ii) such devices shall be releasable or removable from theinside without the use of a key, tool, or force greater than that which isrequired for normal operation of the escape and rescue opening, and (iii) wheresmoke alarms are installed in accordance with Section 907.2.11 and approved bythe building official regardless of the valuation of the alteration.
13VAC5-51-138. IFC Chapter 11. Construction Requirementsfor Existing Buildings.
Delete Chapter 11 in its entirety.
13VAC5-51-138.4. IFC Chapter 20. Aviation Facilities.
Change Section 2001.3 to read:
2001.3. Permits. For permits to operateaircraft-refueling vehicles, application of flammable or combustible finishesand hot work, see Section 107.2.
13VAC5-51-138.8. IFC Chapter 21. Dry Cleaning.
Change Section 2101.2 to read:
2101.2. Permit required. Permits shall be required asset forth in Section 107.2.
13VAC5-51-139. IFC Chapter 22. CombustibleDust-Producing Operations.
Change Section 2201.2 to read:
2201.2. Permits. Permits shall be required forcombustible dust-producing operations as set forth in Section 107.2.
13VAC5-51-140. IFC Chapter 23. Motor Fuel-DispensingFacilities and Repair Garages.
A. Change Section 2301.2 toread:
2301.2. Permits. Permits shall be required as set forthin Section 107.2.
B. Change Section 2305.4 to read:
2305.4. Sources of ignition. Smoking and open flamesshall be prohibited within 20 feet (6096 mm) of a fuel dispensing device. Theengines of vehicles being fueled shall be shut off during fueling. Electricalequipment shall be in accordance with NFPA 70.
C. Change Section 2306.2.1.1 to read:
2306.2.1.1. Inventory control and leak detection forunderground tanks. Accurate inventory records shall be maintained onunderground fuel storage tanks for indication of possible leakage from tanksand piping. The records shall be kept at the premises or made available forinspection by the fire official within 24 hours of a written or verbal requestand shall include records for each tank. Where there is more than one systemconsisting of tanks serving separate pumps or dispensers for a product, theinventory record shall be maintained separately for each tank system.
Owners and operators of underground fuel storage tanks shallprovide release detection for tanks and piping that routinely contain flammableand combustible liquids in accordance with one of the following methods:
1. Monthly inventory control to detect a release of at least1.0% of flow-through plus 130 gallons.
2. Manual tank gauging for tanks with 2,000 gallon capacity orless when measurements are taken at the beginning and ending of a 36-hour to58-hour period during which no liquid is added to or removed from the tank.
3. Tank tightness testing capable of detecting a 0.1 gallonper hour leak rate.
4. Automatic tank gauging that tests for loss of liquid.
5. Vapor monitoring for vapors within the soil of the tankfield.
6. Groundwater monitoring when the groundwater is never morethan 20 feet from the ground surface.
7. Interstitial monitoring between the underground tank and asecondary barrier immediately around or beneath the tank.
8. Other approved methods that have been demonstrated to be aseffective in detecting a leak as the methods listed above.
A consistent or accidental loss of product shall beimmediately reported to the fire official.
D. Change Section 2306.8.1to read:
2306.8.1. Listed. Dispensers shall be listed in accordancewith UL 87A. Hoses, nozzles, breakaway fittings, swivels, flexible connectorsor dispenser emergency shutoff valves, vapor recovery systems, leak detectiondevices, and pumps used in alcohol-blended fuel-dispensing systems shall belisted for the specific purpose.
E. Add Section 2306.8.6 to read:
2306.8.6. Compatibility. Dispensers shall only be used withthe fuels for which they have been listed, which are marked on the product.Field installed components including hose assemblies, breakaway couplings,swivel connectors, and hose nozzle valves shall be provided in accordance withthe listing and the marking on the unit.
13VAC5-51-140.5. IFC Chapter 24. Flammable Finishes.
Change Section 2401.3 to read:
2401.3. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-141. IFC Chapter 25. Fruit and Crop Ripening.
Change Section 2501.2 to read:
2501.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-141.5. IFC Chapter 26. Fumigation andInsecticidal Fogging.
Change Section 2601.2 to read:
2601.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-142. IFC Chapter 27. Semiconductor FabricationFacilities.
Change Section 2701.5 to read:
2701.5. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-142.5. IFC Chapter 28. Lumber Yards andAgro-Industrial,Solid Biomass, and Woodworking Facilities.
Change Section 2801.2 to read:
2801.2. Permit. Permits shall be required as set forthin Section 107.2.
13VAC5-51-143.5. IFC Chapter 29. Manufacture of OrganicCoatings.
Change Section 2901.2 to read:
2901.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-144. IFC Chapter 30. Industrial Ovens.
Change Section 3001.2 to read:
3001.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-144.2. IFC Chapter 31. Tents and OtherMembrane Structures.
Change Section 3103.4 to read:
3103.4. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-144.4. IFC Chapter 32. High-Piled CombustibleStorage.
Change Section 3201.2 to read:
3201.2. Permits. A permit shall be required as setforth in Section 107.2.
13VAC5-51-144.6. IFC Chapter 34. Tire Rebuilding andTire Storage.
A. Change Section 3401.2 to read:
3401.2. Permit required. Permits shall be required asset forth in Section 107.2.
B. Change Section 3406.1 to read:
3406.1. Required access. New and existing tire storageyards shall be provided with fire apparatus access roads in accordance withSection 503 and Section 3406.2.
13VAC5-51-144.8. IFC Chapter 37 Combustible Fibers.
Change Section 3701.3 to read:
3701.3 Permits. Permits shall be required as set forth inSection 107.2.
13VAC5-51-145. IFC Chapter 50. Hazardous Materials -General Provisions.
A. Change Section 5001.5 to read:
5001.5. Permits. Permits shall be required as set forthin Section 107.2.
B. Add the following language to the end of Section 5001.5.1to read:
The HMMP shall be maintained onsite for use by emergencyresponders, and shall be updated not less than annually.
C. Add the following language to the end of Section 5001.5.2to read:
The HMIS shall be maintained onsite or readily availablethrough another means where approved by the fire code official for use bytemporary responders, and shall be updated not less than annually.
D. Add Sections 5001.5.3,5001.5.3.1, and 5001.5.3.2 to read:
5001.5.3. Repository container. When a HMMP or HMIS isrequired, the owner or operator shall provide a repository container (lock box)or other approved means for the storage of items required in Sections 5001.5.1and 5001.5.2 so as to be readily available to emergency response personnel.
5001.5.3.1. Location and identification. The repositorycontainer (lock box) shall be located, installed and identified in an approvedmanner.
5001.5.3.2. Keying. All repository containers (lockboxes) shall be keyed as required by the fire code official.
F.Add Section 5001.7, includingsubsections, to read:
5001.7 Operational requirements for Group B teaching andresearch laboratories. Teaching and research laboratories in Group Beducational occupancies above the 12th grade utilizing Section 430 of the USBC,Part I, Construction, or Section 302.6 of the USBC, Part II, ExistingBuildings, shall comply with this section and other applicable requirements ofthis code. In the case of conflicts between the requirements of Section 430 ofthe USBC, Part I, Construction, or Section 302.6 of the USBC, Part II, ExistingBuildings, and provisions of this code other than those set out in thissection, Section 430 of the USBC, Part I, Construction, or Section 302.6 of theUSBC, Part II, Existing Buildings, as applicable, shall govern.
5001.7.1 Chemical safety reviews. Operating and emergencyprocedures planning and documentation shall be as set out in Sections5001.3.3.11 through 5001.3.3.17. Such documentation shall be prepared bylaboratory safety personnel or special experts and shall be made available inthe workplace for reference and review by employees. Copies of suchdocumentation shall be furnished to the fire code official for review uponrequest.
5001.7.2 Hazardous materials handling. Receiving,transporting on site, unpacking, and dispensing of hazardous materials shall becarried out by persons trained in proper handling of such materials and shallbe performed in accordance with Chapters 50 through 67, as applicable.
5001.7.3 Hazard identification signage. Warning signs forother than building components shall be provided in accordance with Section5003.5.
5001.7.4 Maintenance of equipment, machinery, andprocesses. Maintenance of equipment, machinery, and processes used withhazardous materials shall comply with Section 5003.2.6.
5001.7.5 Time sensitive materials. Containers of materialsthat have the potential to become hazardous during prolonged storage shall bedated when first opened and shall be managed in accordance with NFPA 45,Section 8.2.4.4.1.
5001.7.6 Maintenance of storage, dispensing, use, andhandling requirements. Storage, dispensing, use, and handling requirements inthe USBC, Part I, Construction, or the USBC, Part II, Existing Buildings, shallbe maintained. Operational requirements not affecting the manner ofconstruction shall comply with this chapter and Chapters 51 through 67, asapplicable.
5001.7.7 Hazardous wastes. Storage, dispensing, use, andhandling of hazardous waste shall comply with this chapter and Chapters 51through 67, as applicable.
5001.7.8 Container size. The maximum container size for allhazardous materials shall be 5.3 gallons (20 L) for liquids, 50 pounds (23 kg)for solids, 100 cubic feet (2.8. m3) for health hazard gases perTable 5003.1.1(2), and 500 cubic feet (14 m3) for all other gases inaccordance with Table 5003.1.1(1).
Exception: Hazardous waste collection containers, for otherthan Class I and Class II flammable liquids, are permitted to exceed 5.3gallons (20 L) where approved.
5001.7.9 Density. Quantities of Class I, II, and IIIAcombustible or flammable liquids in storage and use within control areas orlaboratory suites shall not exceed 8 gallons per 100 square feet (30 L/9.3 m2)of floor area, with not more than 4 gallons per 100 square feet (15 L/9.3 m2)being in use. Quantities of Class I flammable liquids in storage and use shallnot exceed 4 gallons per 100 square feet (15 L/9.3 m2) of floor areawith not more than 2 gallons (7.5 L) being in use. The maximum in use in opensystems is limited to 10% of these quantities. Densities shall be reduced by25% on the 4th-floor through 6th-floor levels above grade plane of the buildingand 50% above the 6th-floor level. The density is to be reduced to 50% of thesevalues for buildings that are not protected throughout with an approvedautomatic fire sprinkler system. Regardless of the density, the maximumallowable quantity per control area or laboratory suite shall not be exceeded.
Exception: Density limits may be exceeded in designatedhazardous waste collection areas or rooms within a control area or laboratorysuite, but stored quantities shall not exceed the maximum allowable quantityper laboratory suite or control area.
5001.7.10 Restricted materials in storage. Storage ofpyrophorics and Class 4 oxidizers prohibited by Table 5003.1.1(1) in existingbuildings not equipped throughout with an automatic sprinkler system inaccordance with Section 903.3.1.1 of the USBC, Part I, Construction, shall beallowed within a control area at 25% of the limits in Table 5003.1.1(1) for abuilding equipped throughout with an automatic sprinkler system, with noadditional increases allowed, provided that such materials are stored inaccordance with all of the following:
1. Containers shall be completely sealed and storedaccording to the manufacturer's recommendations.
2. Storage shall be within approved hazardous materialsstorage cabinets in accordance with Section 5003.8.7 or shall be located in aninert atmosphere glove box in accordance with NFPA 45, Section 7.11.
3. The storage cabinet or glove box shall not contain anystorage of incompatible materials.
5001.7.11 Restricted materials in use. Use of pyrophoricsand Class 4 oxidizers prohibited by Table 5003.1.1(1) in existing buildings notequipped throughout with an automatic sprinkler system in accordance withSection 903.3.1.1 of the USBC, Part I, Construction, shall be allowed within acontrol area at 25% of the limits in Table 5003.1.1(1) for buildings equippedthroughout with an automatic sprinkler system, with no additional increasesallowed, provided that such materials are used in accordance with all of thefollowing:
1. Use shall be within an approved chemical fume hoodlisted in accordance with UL 1805, or in an inert atmosphere glove box inaccordance with NFPA 45, Section 7.11, or other approved equipment designed forthe specific hazard of the material.
2. Combustible materials shall be kept at least 2 feet (610mm) away from the work area, except for those items directly related to theresearch.
3. A portable fire extinguisher appropriate for thespecific material shall be provided within 20 feet (6096 mm) of the use inaccordance with Section 906.
G. Change Section 5003.3.1.4 to read:
5003.3.1.4. Responsibility for cleanup. The person,firm, or corporation responsible for an unauthorized discharge shallinstitute and complete all actions necessary to remedy the effects of suchunauthorized discharge, whether sudden or gradual, at no cost to thejurisdiction. The fire code official may require records and receipts to verifycleanup and proper disposal of unauthorized discharges. When deemed necessaryby the fire code official, cleanup may be initiated by the fire department orby an authorized individual or firm. Costs associated with such cleanup shallbeborne bythe responsibility of the owner, operator, orother person responsible for the unauthorized discharge.
Note: Owners and operators of certain underground andaboveground petroleum storage tanks may have access to the Virginia PetroleumStorage Tank Fund for reimbursement of some cleanup costs associated withpetroleum discharges from these tanks. See Article 10 (§ 62.1-44.34:10 et seq.)of Title 62.1of the Code of Virginia.
13VAC5-51-145.5. IFC Chapter 51. Aerosols.
Change Section 5101.2 to read:
5101.2. Permit required. Permits shall be required asset forth in Section 107.2.
13VAC5-51-146.IFC Chapter 52. Combustible Fibers.(Repealed.)
Change Section 5201.3 to read:
5201.3. Permits. Permits shall be required as set forth inSection 107.2.
13VAC5-51-146.5. IFC Chapter 53. Compressed Gases.
Change Section 5301.2 to read:
5301.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-147. IFC Chapter 54. Corrosive Materials.
Change Section 5401.2 to read:
5401.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-147.5. IFC Chapter 55. Cryogenic Fluids.
Change Section 5501.2 to read:
5501.2. Permits. Permits shall be required as set forthin Section 107.2.
13VAC5-51-150. IFC Chapter 56. Explosives and Fireworks.
A. Change exception 4 in Section 5601.1 to read:
4. The possession, storage, and use of not more than 15 pounds(6.81 kg) of commercially manufactured sporting black powder, 20 pounds (9 kg)of smokeless powder and any amount of small arms primers for hand loading ofsmall arms ammunition for personal consumption.
B. Add exceptions 10, 11 and12 to Section 5601.1 to read:
10. The storage, handling, or use of explosives or blastingagents pursuant to the provisions of Title 45.1 of the Code of Virginia.
11. The display of small arms primers in Group M when in theoriginal manufacturer's packaging.
12. The possession, storage and use of not more than 50 pounds(23 kg) of commercially manufactured sporting black powder, 100 pounds (45 kg)of smokeless powder, and small arms primers for hand loading of small armsammunition for personal consumption in Group R-3 or R-5, or 200 pounds (91 kg)of smokeless powder when stored in the manufacturer's original containers indetached Group U structures at least 10 feet (3048 mm) from inhabited buildingsand are accessory to Group R-3 or R-5.
C. Change exception 4 in Section 5601.1.3 to read:
4. The possession, storage, sale, handling and use ofpermissible fireworks where allowed by applicable local or state laws,ordinances and regulations provided such fireworks comply with CPSC 16 CFR,Parts 1500-1507, and DOTn 49 CFR, Parts 100-178, for consumer fireworks.
D. Add exception 5 to Section 5601.1.3 to read:
5. The sale or use of materials or equipment when suchmaterials or equipment is used or to be used by any person for signaling orother emergency use in the operation of any boat, railroad train or othervehicle for the transportation of persons or property.
E. Change entire Section 5601.2 to read:
5601.2. Permit required. Permits shall be required asset forth in Section 107.2 and regulated in accordance with this section. Themanufacture, storage, possession, sale and use of fireworks or explosives shallnot take place without first applying for and obtaining a permit.
5601.2.1. Residential uses. No person shall keep orstore, nor shall any permit be issued to keep, possess or store, any fireworksor explosives at any place of habitation, or within 100 feet (30,480 mm)thereof.
Exception: Storage of smokeless propellant, black powder, andsmall arms primers for personal use and not for resale in accordance withSection 5606.
5601.2.2. Sale and retail display. Except for the ArmedForces of the United States, Coast Guard, National Guard, federal, state andlocal regulatory, law enforcement and fire agencies acting in their officialcapacities, explosives shall not be sold, given, delivered or transferred toany person or company not in possession of a valid permit. The holder of apermit to sell explosives shall make a record of all transactions involvingexplosives in conformance with Section 5603.2 and include the signature of anyreceiver of the explosives. No person shall construct a retail display noroffer for sale explosives, explosive materials, or fireworks upon highways,sidewalks, public property, or in assembly or educational occupancies.
5601.2.3. Permit restrictions. The fire official isauthorized to limit the quantity of explosives, explosive materials, orfireworks permitted at a given location. No person, possessing a permit forstorage of explosives at any place, shall keep or store an amount greater thanauthorized in such permit. Only the kind of explosive specified in such apermit shall be kept or stored.
5601.2.3.1. Permit applicants. As a condition of apermit as provided for in Section 107.5, the fire official shall not issue apermit to manufacture, store, handle, use or sell explosives or blasting agentsto any applicant who has not provided on the permit application the name andsignature of a designated individual as representing the applicant. When, asprovided for in Section 107.2 or 107.6, a permit is required to conduct afireworks display, as a condition of permit as provided for in Section 107.5,the fire official shall not issue a permit to design, setup or conduct afireworks display to any applicant who has not provided on the permitapplication the name and signature of a designated individual as representingthe applicant.
If the applicant's designated individual changes or becomes nolonger qualified to represent the applicant as responsible management ordesignated individual, the applicant shall notify the fire official who issuedthe permit on the change of status of the designated individual. The notice isto be made prior to the use of any explosives or conducting a fireworks displaybut in no case shall the notification occur more than seven days after thechange of status and shall provide the name of another designated individual.The fire official may revoke or require the reissuance of a permit based on achange of permit conditions or status or inability to provide anotherdesignated individual.
5601.2.3.1.1. BCC:. The SFMO shallprocess all applications for a BCC for compliance with § 27-97.2 of the Code ofVirginia and will be the sole provider of a BCC. Using forms provided by theSFMO, a BCC may be applied for and issued to any person who submits to thecompletion of a background investigation by providing fingerprints and personaldescriptive information to the SFMO. The SFMO shall forward the fingerprintsand personal descriptive information to the Central Criminal Records Exchangefor submission to the Federal Bureau of Investigation for the purpose ofobtaining a national criminal history records check regarding such applicant.
5601.2.3.1.2. Issuance of a BCC:. Theissuance of a BCC shall be denied if the applicant or designated personrepresenting an applicant has been convicted of any felony, whether suchconviction occurred under the laws of the Commonwealth, or any other state, theDistrict of Columbia, the United States or any territory thereof, unless hiscivil rights have been restored by the Governor or other appropriate authority.
5601.2.3.1.3. Fee for BCC:. The fee forobtaining or renewing a BCC from the SFMO shall be $150 plus any additionalfees charged by other agencies for fingerprinting and for obtaining a nationalcriminal history record check through the Central Criminal Records Exchange tothe Federal Bureau of Investigation.
5601.2.3.1.4. Revocation of a BCC:. Afterissuance of a BCC, subsequent conviction of a felony will be grounds forimmediate revocation of a BCC, whether such conviction occurred under the lawsof the Commonwealth, or any other state, the District of Columbia, the UnitedStates or any territory thereof. The BCC shall be returned to the SFMOimmediately. An individual may reapply for his BCC if his civil rights havebeen restored by the Governor or other appropriate authority.
5601.2.4. Financial responsibility. Before a permit isissued, as required by Section 5601.2, the applicant shall file with thejurisdiction a corporate surety bond in the principal sum of $500,000 or apublic liability insurance policy for the same amount, for the purpose of thepayment of all damages to persons or property which arise from, or are causedby, the conduct of any act authorized by the permit upon which any judicialjudgment results. The legal department of the jurisdiction may specify agreater amount when conditions at the location of use indicate a greater amountis required. Government entities shall be exempt from this bond requirement.
5601.2.4.1. Blasting. Before approval to do blasting isissued, the applicant for approval shall file a bond or submit a certificate ofinsurance in such form, amount, and coverage as determined by the legaldepartment of the jurisdiction to be adequate in each case to indemnify thejurisdiction against any and all damages arising from permitted blasting but inno case shall the value of the coverage be less than $1,000,000.
Exception: Filing a bond or submitting a certificate ofliability insurance is not required for blasting on real estate parcels of fiveor more acres conforming to the definition of "real estate devoted toagricultural use" or "real estate devoted to horticultural use"in § 58.1-3230 of the Code of Virginia and conducted by the owner of such realestate.
5601.2.4.2. Fireworks display. The permit holder shallfurnish a bond or certificate of insurance in an amount deemed adequate by thelegal department of the jurisdiction for the payment of all potential damagesto a person or persons or to property by reason of the permitted display, andarising from any acts of the permit holder, the agent, employees orsubcontractors, but in no case shall the value of the coverage be less than$1,000,000.
F. Change entire Section 5601.4 to read:
5601.4. Qualifications. Persons in charge of magazines,blasting, fireworks display, or pyrotechnic special effect operations shall notbe under the influence of alcohol or drugs which impair sensory or motorskills, shall be at least 21 years of age and possess knowledge of all safetyprecautions related to the storage, handling or use of explosives, explosivematerials or fireworks.
5601.4.1. Certification of blasters andpyrotechnicians. Certificates as a restricted blaster, unrestricted blaster orpyrotechnician will be issued upon proof of successful completion of anexamination approved by the SFMO commensurate to the certification sought andcompletion of a background investigation for compliance with § 27-97.2 of theCode of Virginia. The applicant for certification shall submit proof to theSFMO of the following experience:
1. For certification as a restricted blaster, at least oneyear under direct supervision by a certified unrestricted blaster, certifiedrestricted blaster or other person(s) approved by the SFMO.
2. For certification as an unrestricted blaster, at least oneyear under direct supervision by a certified unrestricted blaster or otherperson or persons approved by the SFMO.
3. For certification as a pyrotechnician, aerial, orpyrotechnician, proximate, applicant was in responsible charge of or hasassisted in the documented design, setup and conducting of a fireworks displayon at least six occasions within the 24 months immediately preceding theapplication for certification.
The SFMO shall process all certification applicants forcompliance with § 27-97.2 of the Code of Virginia and will be the sole providerof blaster and pyrotechnician certifications.
Exception: The use of explosives by the owner of real estateparcels of five or more acres conforming to the definition of "real estatedevoted to agricultural use" or "real estate devoted to horticulturaluse" in § 58.1-3230 of the Code of Virginia when blasting on suchreal estate.
5601.4.2. Certification issuance. The issuance of acertification as a blaster or pyrotechnician shall be denied if the applicanthas (i) been convicted of any felony, whether such conviction occurred underthe laws of the Commonwealth, or any other state, the District of Columbia, theUnited States or any territory thereof, unless his civil rights have beenrestored by the Governor or other appropriate authority, (ii) has not providedacceptable proof or evidence of the experience required in Section 5601.4.1, or(iii) has not provided acceptable proof or evidence of the continued trainingor education required in Section 5601.4.5.
5601.4.3. Fee for certification. The fee for obtainingor renewing a blaster or pyrotechnician certificate from the SFMO shall be $150plus any additional fees charged by other agencies for fingerprinting and forobtaining a national criminal history record check through the Central CriminalRecords Exchange to the Federal Bureau of Investigation.
5601.4.3.1. Fee for replacement certificate. A writtenrequest for a replacement blaster or pyrotechnician certificate shall beaccompanied by the payment of an administrative fee in the amount of $20 madepayable to the Treasurer of Virginia. Verbal requests shall not be accepted.
5601.4.4. Revocation of a blaster or pyrotechniciancertification. After issuance of a blaster or pyrotechnician certification,subsequent conviction of a felony will be grounds for immediate revocation of ablaster or pyrotechnician certification, whether such conviction occurred underthe laws of the Commonwealth, or any other state, the District of Columbia, theUnited States or any territory thereof. The certification shall be returned tothe SFMO immediately. An individual may subsequently reapply for his blaster orpyrotechnician certification if his civil rights have been restored by theGovernor or other appropriate authority.
5601.4.5. Expiration and renewal of a BCC, or blasteror pyrotechnician certification. A certificate for an unrestricted blaster,restricted blaster or pyrotechnician shall be valid for three years from thedate of issuance. A BCC shall be valid for three years from the date ofissuance. Renewal of the unrestricted blaster certificate will be issued uponproof of at least 16 accumulated hours of continued training or education inthe use of explosives within three consecutive years and a backgroundinvestigation for compliance with § 27-97.2 of the Code of Virginia.Renewal of the restricted blaster certificate will be issued upon proof of atleast eight accumulated hours of continued training or education in the use ofexplosives within three consecutive years and a background investigation forcompliance with § 27-97.2 of the Code of Virginia. Renewal of thepyrotechnician certificate will be issued upon proof of at least 12 accumulatedhours of continued training or education in the subject areas of explosivesstorage; the design, setup or conduct of a fireworks display within threeconsecutive years; and a background investigation for compliance with § 27-97.2of the Code of Virginia. The continued training or education required forrenewal of a blaster or pyrotechnician certificate shall be obtained during thethree years immediately prior to the certificate's published expiration date.Failure to renew a blaster or pyrotechnician certificate in accordance withthis section shall cause an individual to obtain another blaster or pyrotechniciancertificate upon compliance with Section 5601.4.1 to continue engaging in theunsupervised use of explosives or conducting a fireworks display.
5601.4.6. Denial, suspension or revocation of acertificate. If issuance or renewal of a blaster or pyrotechnician certificateis denied, or upon the filing of a complaint against an applicant orcertificate holder for non-performance, or performance in violation of the SFPCand the appropriate referenced NFPA 495, 1123 or 1126 standards, the State FireMarshal may convene a three-member panel to hear the particulars of thecomplaint or denial. The three-member panel will be comprised of the followingpersons:
1. A Virginia certified fire official, excluding any personcertified as a blaster or pyrotechnician, or who is on the staff of the SFMO.
2. A Virginia certified blaster or pyrotechnician whosecertification is the same as that of the person to whom a complaint is lodged,and who is not associated in any way with the person against whom a complaintis lodged and whose work or employer is geographically remote, as much aspractically possible, from the person to whom a complaint is lodged.
3. A member of the general public who does not have a vestedfinancial interest in conducting a fireworks display, or the manufacture, sale,storage, or use of explosives.
Upon the State Fire Marshal convening such panel, the hearingis to commence within 60 calendar days of the filing of the complaint ordenial. The three-member panel is to hear the complaint and render a writtenrecommendation to the State Fire Marshal for certificate issuance, no action,revocation, or suspension of a certificate for a period not to exceed sixmonths. Notwithstanding the discretionary decision and action to convene suchpanel, the State Fire Marshal reserves the authority to choose an action thatmay be contrary to the panel's recommendation. A written decision of the StateFire Marshal is to be delivered to the party within 14 days of the hearing'sconclusion. If the certificate is denied, revoked, or suspended by the SFMO, inaccordance with Section 112.9, the party may file an appeal with theTRBState Review Board. The party's appeal toTRBState ReviewBoard must be filed within 14 calendar days of the receipt of the StateFire Marshal's written decision to deny, revoke, or suspend. The denial,revocation, or suspension of a license is independent of any criminalproceedings that may be initiated by any state or local authority.
5601.4.6.1. Replacement of revoked certificate. Anyperson whose certificate as a pyrotechnician or blaster was revoked upon causemay apply for certification as a pyrotechnician or blaster six months or morefrom the date of the revocation and upon compliance with Section 5601.4.1. Allelements of Section 5601.4.1 are required to be obtained and dated after thedate of revocation.
5601.4.6.2. Return of suspended certificate. Anycertificate that was suspended upon cause will be reinstated at the end of thesuspension period without change to its expiration date.
G. Change Section 5601.7 to read:
5601.7. Seizure. The fire official is authorized toremove or cause to be removed or disposed of in an approved manner, at theexpense of the owner, fireworks offered or exposed for sale, stored, possessedor used in violation of this chapter.
H. Add the following to the list of definitions in Section5602.1:
Background clearance card (BCC).
Blaster, restricted.
Blaster, unrestricted.
Design.
Designated individual.
Fireworks.
Fireworks, 1.4G.
Fireworks, 1.3G.
Permissible fireworks.
Pyrotechnician (fireworks operator).
Pyrotechnician, aerial.
Pyrotechnician, proximate.
Responsible management.
Smokeless propellants.
Sole proprietor.
I. Change Section 5603.4 to read:
5603.4. Accidents. Accidents involving the use ofexplosives, explosive materials, and fireworks, which result in injuries orproperty damage, shall be immediately reported by the permit holder to the firecode official and State Fire Marshal.
J. Change Section 5605.1 to read:
5605.1. General. The manufacture, assembly and testingof explosives, ammunition, blasting agents and fireworks shall comply with therequirements of this section, Title 59.1, Chapter 11 of the Code of Virginia,and NFPA 495 or NFPA 1124.
Exceptions:
1. The hand loading of small arms ammunition prepared forpersonal use and not offered for resale.
2. The mixing and loading of blasting agents at blasting sitesin accordance with NFPA 495.
3. The use of binary explosives or plosophoric materials inblasting or pyrotechnic special effects applications in accordance with NFPA495 or NFPA 1126.
K. Add Section 5605.1.1 to read:
5605.1.1. Permits. Permits for the manufacture,assembly and testing of explosives, ammunition, blasting agents and fireworksshall be required as set forth in Section 107.2 and regulated in accordancewith this section. A permit to manufacture any explosive material in anyquantity shall be prohibited unless such manufacture is authorized by a federallicense and conducted in accordance with recognized safety practices.
L. Change Section 5606.4 to read:
5606.4. Storage in residences. Propellants for personaluse in quantities not exceeding 50 pounds (23 kg) of black powder or 100 pounds(45 kg) of smokeless powder shall be stored in original containers inoccupancies limited to Groups R-3 and R-5, or 200 pounds (91 kg) of smokelesspowder when stored in the manufacturer's original containers in detached GroupU structures that are at least 10 feet from inhabited buildings and areaccessory to Group R-3 or R-5. In other than Group R-3 or R-5, smokeless powderin quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg)shall be kept in a wooden box or cabinet having walls of at least one inch (25mm) nominal thickness or equivalent.
M. Delete Sections 5606.4.1, 5606.4.2, and 5606.4.3.
N. Change Section 5606.5.1.1 to read:
5606.5.1.1. Smokeless propellant. No more than 100pounds (45 kg) of smokeless propellants, in containers of 8 pounds (3.6 kg) orless capacity, shall be displayed in Group M occupancies.
O. Delete Section 5606.5.1.3.
P. Change Section 5606.5.2.1to read:
5606.5.2.1. Smokeless propellant. Commercialstocks of smokeless propellants shall be stored as follows:
1. Quantities exceeding 20 pounds (9 kg), but not exceeding100 pounds (45 kg) shall be stored in portable wooden boxes having walls of atleast one inch (25 mm) nominal thickness or equivalent.
2. Quantities exceeding 100 pounds (45 kg), but not exceeding800 pounds (363 kg), shall be stored in storage cabinets having walls at leastone inch (25 mm) nominal thickness or equivalent. Not more than 400 pounds (182kg) shall be stored in any one cabinet, and cabinets shall be separated by adistance of at least 25 feet (7620 mm) or by a fire partition having afire-resistance rating of at least one hour.
3. Storage of quantities exceeding 800 pounds (363 kg), but notexceeding 5,000 pounds (2270 kg) in a building shall comply with all of thefollowing:
3.1. The storage is inaccessible to unauthorized personnel.
3.2. Smokeless propellant shall be stored in nonportablestorage cabinets having wood walls at least one inch (25 mm) nominal thicknessor equivalent and having shelves with no more than three feet (914 mm) ofvertical separation between shelves.
3.3. No more than 400 pounds (182 kg) is stored in any onecabinet.
3.4. Cabinets shall be located against walls with at least 40feet (12 192 mm) between cabinets. The minimum required separation betweencabinets may be reduced to 20 feet (6096 mm) provided that barricades twice theheight of the cabinets are attached to the wall, midway between each cabinet.The barricades must extend a minimum of 10 feet (3048 mm) outward, be firmlyattached to the wall, and be constructed of steel not less than 0.25 inch thick(6.4 mm), two-inch (51 mm) nominal thickness wood, brick, or concrete block.
3.5. Smokeless propellant shall be separated from materialsclassified as combustible liquids, flammable liquids, flammable solids, oroxidizing materials by a distance of 25 feet (7620 mm) or by a fire partitionhaving a fire-resistance rating of one hour.
3.6. The building shall be equipped throughout with anautomatic sprinkler system installed in accordance with Section 903.3.1.1.
4. Smokeless propellants not stored according to Item 1, 2, or3 above shall be stored in a Type 2 or 4 magazine in accordance with Section5604 and NFPA 495.
Q. Change Section 5607.1 to read:
5607.1. General. Blasting operations shall be conductedonly by persons certified by the SFMO as a restricted or unrestricted blasteror shall be supervised on-site by a person properly certified by the SFMO as arestricted or unrestricted blaster.
R. Add Section 5607.16 to read:
5607.16. Blast records. A record of each blast shall bekept and retained for at least five years and shall be readily available forinspection by the code official. The record shall be in a format selected bythe blaster and shall contain the minimum data and information indicated inForm 5607.16.
VA.R. Doc. No. R16-4665; Filed January 20, 2017, 2:39 p.m.