Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-81, 13VAC5-51-131, 13VAC5-51-133, 13VAC5-51-133.5.

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

Effective Date: March 1, 2011.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

Summary:

The Virginia Statewide Fire Prevention Code (SFPC) governs the maintenance of fire safety features in existing buildings and structures and fire-safety related operations on property. The SFPC incorporates by reference the International Fire Code, a nationally recognized model code produced by the International Code Council as a companion code to that used under the Virginia Uniform Statewide Building Code (USBC). 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 newer edition of the model code into the regulation.

Those affected by the regulation then review the proposed regulation to assure that the newest model code and its referenced standards reflect the minimum standards necessary for the fire safety of existing buildings and property. After the publishing of the proposed regulation, the board establishes a comment period for the acceptance of code change proposals to modify the model code or standards or any provisions of the entire regulation. Code change proposals are assimilated into a compilation document containing a staff evaluation of each proposal and the compilation document is reviewed by client groups during a second comment period and additional comment on each proposal is accepted. A public hearing is also held. The board then considers all comments on all proposals and develops a final regulation to complete the regulatory process.

Final regulations for the SFPC were published in Volume 27, Issue 2 of the Virginia Register of Regulations on September 27, 2010 (27:2 VA.R. 187-217 September 27, 2010), initiating a 30-day comment period. During the comment period, a number of petitions were received concerning substantive changes between the proposed and final regulations. The board suspended the regulatory process on certain provisions (refer to 27:6 VA.R. 661-662 November 22, 2010) and established an additional 30-day comment period for the submittal of additional public comments on the petitioned provisions.

On January 24, 2011, the Board of Housing and Community Development considered the public comment on the petitioned provisions. The board readopted 13VAC5-51-81 P 5 and 13VAC5-51-133 C, H, and J as the final regulations were published and readopted 13VAC5-51-131 E and F and 13VAC5-51-133.5 D with the following changes from the final regulations:

13VAC5-51-131 E and F. Sections 315.1 and 315.2 of the International Fire Code were amended to return to the language published in the proposed regulation which permits combustible storage to be in accordance with the provisions in the 2009 edition of the International Fire Code.

13VAC5-51-133.5 D. Section 609.3.3.2 of the International Fire Code was amended to return to the language published in the proposed regulation which permits the inspection and cleaning of commercial kitchen exhaust hoods to be in accordance with the provisions of the 2009 edition of the International Fire Code.

13VAC5-51-81. Section 107.0. Permits and fees.

***

5. Child day centers, assisted living facilities and adult day care centers licensed by the Virginia Department of Social Services 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. $400 for 101 or more.

***

13VAC5-51-131. IFC Chapter 3. Precautions Against Fire.

***

E. [ Change Section 315.1 to read:

315.1. General. Storage shall be in accordance with this section.

F. Change Section 315.2 to read:

315.2. Storage in buildings. Storage of materials in buildings shall be orderly and stable. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur.

G. ] ***

[ F. H. ] ***

13VAC5-51-133. IFC Chapter 5. Fire Service Features.

***

C. Add exception to Section 503.2.1 to read:

Exception: Fire apparatus access roads exclusively serving single family dwelling or townhouse developments that are fully sprinklered as provided for in Sections R313.1 or R313.2 of the International Residential Code shall have an unobstructed width of not less than 18 feet (5486 mm), exclusive of shoulders.

***

H. Add Sections 507.3.1 and 507.3.2 to read:

507.3.1. Fire flow requirements for fully sprinklered residential developments. Notwithstanding Section 103.1.2, the fire flow requirements in Table B105.1 of Appendix B of the IFC, as modified by Section 507.3.2, shall be permitted to be used for determining fire flow in single family dwelling and townhouse developments which are fully sprinklered as provided for in Sections R313.1 or R313.2 of the International Residential Code.

507.3.2. Modifications to Table B105.1. The first six rows of columns five and six of Table B105.1 of Appendix B of the IFC shall be modified 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

***

J. Add Section 507.5.1.1 to read:

507.5.1.1. Fire hydrant requirements for fully sprinklered residential developments. Notwithstanding Section 103.1.2, the number and distribution of fire hydrants in Table C105.1 of Appendix C of the IFC shall be permitted to be used in single family dwelling and townhouse developments which are fully sprinklered as provided for in Sections R313.1 or R313.2 of the International Residential Code, with the spacing and distances of fire hydrants indicated in Table C105.1 increased by 100%.

***

13VAC51-133.5. IFC Chapter 6. Building Services and Systems.

***

[ D. Change Section 609.3.3.2 to read:

609.3.3.2. Cleaning. Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals necessary to prevent the accumulation of grease based upon a written and posted cleaning schedule that shall be established and maintained on the premises by the owner or operator of the ventilation system. The schedule shall be originated by the owner or operator of the ventilation system based upon criteria particular to the cooking operation. Cleanings shall be recorded and the records shall state the extent, time and date of cleaning. ]