Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-131, 13VAC5-51-133.5, 13VAC5-51-134, 13VAC5-51-135, 13VAC5-51-135.5).

Statutory Authority: § 27-97 of the Code of Virginia.

Effective Date: October 16, 2018.

Agency Contact: Kyle Flanders, Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

Summary:

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, 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.

Final regulations for the SFPC, including the subdivisions published in this action, were published in Volume 34, Issue 18 of the Virginia Register on April 30, 2018 (34:18 VA.R. 1617-1744 April 30, 2018), initiating a 30-day final adoption period. During that period, a number of petitions were received concerning substantive changes made between the proposed and final regulations. The board suspended the regulatory process for the regulation (refer to 34:25 VA.R. 2519 August 6, 2018) and established an additional 30-day comment period on the changes made between publication of the proposed regulation and publication of the final regulation.

On September 7, 2018, the Board of Housing and Community Development considered the public comment on the provisions and readopted final regulations with the following changes from the final regulations shown in brackets below.

13VAC5-51-131. IFC Chapter 3. General Requirements.

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L. The following changes shall be made to Section 317, Rooftop Gardens and Landscaped Roofs:

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3. Change Section 317.3 to read:

(N)317.3 Rooftop structure and equipment clearance. [ For all vegetated roofing systems abutting combustible vertical surfaces, a Class A-rated roof system complying with ASTM E 108 or UL 790 for required Required ] structure and equipment clearances shall be [ achieved for a minimum 6-foot-wide (1829mm) continuous border placed around rooftop structures and all rooftop equipment including mechanical and machine rooms, penthouses, skylights, roof vents, solar panels, antenna supports, and building service equipment. Rooftop structure and equipment clearance shall be ] maintained as provided by the applicable building code.

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13VAC5-51-133.5. IFC Chapter 6. Building Services and Systems.

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E. The following changes shall be made to Section 606, Mechanical Refrigeration:

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28. Change Section 606.13 to read:

(N)606.13 Discharge location for refrigeration machinery room ventilation. Treatment systems for [ exhaust from ] mechanical ventilation systems serving refrigeration machinery rooms containing flammable, toxic or highly toxic refrigerants, other than ammonia, capable of exceeding 25% of the LFL or 50% of the IDLH shall be maintained in accordance with the applicable building code.

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13VAC5-51-134. IFC Chapter 8. Interior Finish, Decorative Materials and Furnishings.

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B. Change [ Section title of 803 and ] Section 803.1 to read:

[ Section 803 Interior Wall and Ceiling Finish and Trim in Buildings ]

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L. Change [ Sections Section ] 803.10 [ , the title of Section 804, ] and [ Section ] 804.1 to read:

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[ Section 804 Interior Wall and Ceiling Trim and Interior Floor Finish in Buildings ]

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Q. Change [ the title of Section 805 and ] Sections 805.1.1.2, 805.1.2.2, 805.2.1.2, 805.2.2.2, 805.4.1.2 and 805.4.2.2 to read:

[ Section 805 Upholstered Furniture and Mattresses in Buildings ]

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R. [ Add Change the title of Section 806 and add ] exception 3 to in Section 806.1.1 to read:

[ Section 806 Decorative Vegetation in Buildings ]

3. Trees shall be permitted in places of worship in Group A occupancies.

B. S. Change [ the title of Section 807 and ] exception 1 in Section 807.3 to read:

[ Section 807 Decorative Materials Other Than Decorative Vegetation in Buildings ]

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Y. Change [ Section the title of Section 808 and Sections ] 808.1 and 808.2 to read:

[ Section 808 Furnishings Other Than Upholstered Furniture and Mattresses or Decorative Materials in Buildings ]

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13VAC5-51-135. IFC Chapter 9. Fire Protection Systems.

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H. The following changes shall be made to Section 909, Smoke Control Systems:

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17. Change [ Section Sections ] 909.17 and 909.18 to read:

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(N)909.18 Acceptance testing. [ Devices, equipment, components and sequences shall be individually tested. These tests, in addition to those required by other provisions of this code, shall consist of determination of function, sequence, and, where applicable, capacity of their installed condition. ]

18. Delete sections 909.18.1 through 909.18.8.3.

19. Change [ Section Sections ] 909.18.8.3.1 and 909.18.9 to read:

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13VAC5-51-135.5. IFC Chapter 10. Means of Egress.

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D. The following changes shall be made to Section 1005, Means of Egress Sizing:

1. Change Section 1005.1 to read:

(N)1005.1 General. All portions of the means of egress system shall be sized in accordance with the applicable [ building ] code.

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