Title of Regulation: 9VAC5-20. General Provisions  (Rev. E19) (amending 9VAC5-20-21).

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 108, 109, 110, and 182 of the Clean Air Act; 40 CFR Parts 50, 53, and 58.

Effective Date: March 4, 2020.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Background: Section 10.1-1307.03 of the Code of Virginia requires that the State Air Pollution Control Board adopt regulations to implement and enforce the requirements of § 328 of the federal Clean Air Act relating to requirements to control air pollution from Outer Continental Shelf sources located offshore of the Commonwealth. The regulations may not differ materially from the regulations promulgated by the U.S. Environmental Protection Agency (EPA) in implementing § 328 of the Clean Air Act (40 CFR Part 55). Accordingly, 9VAC5-20-21 (Documents Incorporated by Reference) was amended to add 40 CFR Part 55. Subsequently, EPA informed the department that three specific sections of 40 CFR Part 55, that is, § 55.5 (Corresponding onshore area designation), § 55.11 (Delegation), and § 55.12 (Consistency Updates), were not delegable to the states. 40 CFR 55.11(a) states that the authority to implement and enforce those provisions will not be delegated by EPA.

Summary:

The amendment clarifies that 40 CFR §§ 55.5, 55.11, and 55.12 are not incorporated by reference into 9VAC5-20 by adding the sections as exceptions to the incorporation of 40 CFR Part 55.

9VAC5-20-21. Documents incorporated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state regulations may incorporate documents by reference. Throughout these regulations, documents of the types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and nonstatutory documents incorporated by reference and their availability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the Code of Federal Regulations (CFR) shall be considered as the adoption by reference of that provision. The specific version of the provision adopted by reference shall be that contained in the CFR (2016) in effect July 1, 2016. For the purposes of Article 43.1 (9VAC5-40-5925 et seq.) of 9VAC5-40 (Existing Stationary Sources), the EPA regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR Part 60, as published in the Federal Register of August 29, 2016 (81 FR 59276) and effective on October 28, 2016, is the version incorporated by reference into this article and Article 43.1. In making reference to the Code of Federal Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code of Federal Regulations.

C. Failure to include in this section any document referenced in the regulations shall not invalidate the applicability of the referenced document.

D. Copies of materials incorporated by reference in this section may be examined by the public at the central office of the Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, Virginia, between 8:30 a.m. and 4:30 p.m. of each business day.

E. Information on federal regulations and nonstatutory documents incorporated by reference and their availability may be found below in this subsection.

1. Code of Federal Regulations.

a. The provisions specified below from the Code of Federal Regulations (CFR) are incorporated herein by reference.

(1) 40 CFR Part 50 -- National Primary and Secondary Ambient Air Quality Standards.

(a) Appendix A-1 -- Reference Measurement Principle and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method).

(b) Appendix A-2 -- Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method).

(c) Appendix B -- Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method).

(d) Appendix C -- Measurement Principle and Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Photometry).

(e) Appendix D -- Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere.

(f) Appendix E -- Reserved.

(g) Appendix F -- Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence).

(h) Appendix G -- Reference Method for the Determination of Lead in Suspended Particulate Matter Collected from Ambient Air.

(i) Appendix H -- Interpretation of the National Ambient Air Quality Standards for Ozone.

(j) Appendix I -- Interpretation of the 8-Hour Primary and Secondary National Ambient Air Quality Standards for Ozone.

(k) Appendix J -- Reference Method for the Determination of Particulate Matter as PM₁₀ in the Atmosphere.

(l) Appendix K -- Interpretation of the National Ambient Air Quality Standards for Particulate Matter.

(m) Appendix L -- Reference Method for the Determination of Fine Particulate Matter as PM_2.5 in the Atmosphere.

(n) Appendix M -- Reserved.

(o) Appendix N -- Interpretation of the National Ambient Air Quality Standards for PM_2.5.

(p) Appendix O -- Reference Method for the Determination of Coarse Particulate Matter as PM in the Atmosphere.

(q) Appendix P -- Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone.

(r) Appendix Q -- Reference Method for the Determination of Lead in Suspended Particulate Matter as PM₁₀ Collected from Ambient Air.

(s) Appendix R -- Interpretation of the National Ambient Air Quality Standards for Lead.

(t) Appendix S -- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).

(u) Appendix T -- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).

(v) Appendix U -- Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone.

(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) Appendix M -- Recommended Test Methods for State Implementation Plans.

(b) Appendix S -- Emission Offset Interpretive Ruling.

(c) Appendix W -- Guideline on Air Quality Models (Revised).

(d) Appendix Y -- Guidelines for BART Determinations Under the Regional Haze Rule.

(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations, except for §§ 55.5, 55.11, and 55.12.

(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.

Appendix A -- Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59 -- National Volatile Organic Compound Emission Standards for Consumer and Commercial Products.

(a) Subpart C -- National Volatile Organic Compound Emission Standards for Consumer Products.

(b) Subpart D -- National Volatile Organic Compound Emission Standards for Architectural Coatings, Appendix A -- Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings.

(6) 40 CFR Part 60 -- Standards of Performance for New Stationary Sources.

The specific provisions of 40 CFR Part 60 incorporated by reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50 (New and Modified Stationary Sources).

(7) 40 CFR Part 61 -- National Emission Standards for Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 incorporated by reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).

(8) 40 CFR Part 63 -- National Emission Standards for Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated by reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).

(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.

(10) 40 CFR Part 72 -- Permits Regulation.

(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.

(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.

(13) 40 CFR Part 75 -- Continuous Emission Monitoring.

(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission Reduction Program.

(15) 40 CFR Part 77 -- Excess Emissions.

(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain Program.

(17) 40 CFR Part 152 Subpart I -- Classification of Pesticides.

(18) 49 CFR Part 172 -- Hazardous Materials Table. Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F -- Fire Protection and Prevention.

b. Copies may be obtained from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (202) 783‑3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental Protection Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric Acid Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP-42). Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995; Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number 055-000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997; Supplement D, 1998; Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" (GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality Planning and Standards, January 9, 1995.

b. Copies of the document identified in subdivision E 2 a (1) of this section, and Volume I and Supplements A through C of the document identified in subdivision E 2 a (2) of this section, may be obtained from U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; telephone 1‑800‑553‑6847. Copies of Supplements D and E of the document identified in subdivision E 2 a (2) of this section may be obtained online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the document identified in subdivision E 2 a (3) of this section are only available online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.

3. United States government.

a. The following document from the United States government is incorporated herein by reference: Standard Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number 041‑001‑00‑314‑2).

b. Copies may be obtained from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (202) 512‑1800.

4. American Society for Testing and Materials (ASTM).

a. The documents specified below from the American Society for Testing and Materials are incorporated herein by reference.

(1) D323‑99a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)."

(2) D97‑96a, "Standard Test Method for Pour Point of Petroleum Products."

(3) D129‑00, "Standard Test Method for Sulfur in Petroleum Products (General Bomb Method)."

(4) D388‑99, "Standard Classification of Coals by Rank."

(5) D396‑98, "Standard Specification for Fuel Oils."

(6) D975‑98b, "Standard Specification for Diesel Fuel Oils."

(7) D1072‑90(1999), "Standard Test Method for Total Sulfur in Fuel Gases."

(8) D1265‑97, "Standard Practice for Sampling Liquefied Petroleum (LP) Gases (Manual Method)."

(9) D2622‑98, "Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry."

(10) D4057‑95(2000), "Standard Practice for Manual Sampling of Petroleum and Petroleum Products."

(11) D4294‑98, "Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectroscopy."

(12) D523‑89, "Standard Test Method for Specular Gloss" (1999).

(13) D1613‑02, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products" (2002).

(14) D1640‑95, "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature" (1999).

(15) E119‑00a, "Standard Test Methods for Fire Tests of Building Construction Materials" (2000).

(16) E84‑01, "Standard Test Method for Surface Burning Characteristics of Building Construction Materials" (2001).

(17) D4214‑98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films" (1998).

(18) D86‑04b, "Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359‑90, "Standard Test Method for Determining Whether a Material is a Liquid or a Solid" (reapproved 2000).

(20) E260‑96, "Standard Practice for Packed Column Gas Chromatography" (reapproved 2001).

(21) D3912‑95, "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants" (reapproved 2001).

(22) D4082‑02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants."

(23) F852‑99, "Standard Specification for Portable Gasoline Containers for Consumer Use" (reapproved 2006).

(24) F976‑02, "Standard Specification for Portable Kerosine and Diesel Containers for Consumer Use."

(25) D4457‑02, "Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).

(26) D3792‑05, "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph."

(27) D2879‑97, "Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope" (reapproved 2007).

b. Copies may be obtained from American Society for Testing Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone (610) 832‑9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum Institute is incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API MPMS Chapter 19, April 1, 1997.

b. Copies may be obtained from American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005; telephone (202) 682‑8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorporated herein by reference: 1991‑1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices (ACGIH Handbook).

b. Copies may be obtained from ACGIH, 1330 Kemper Meadow Drive, Suite 600, Cincinnati, OH 45240; telephone (513) 742‑2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire Prevention Association are incorporated herein by reference.

(1) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids Code, 2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 Edition.

b. Copies may be obtained from the National Fire Prevention Association, One Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101; telephone (617) 770‑3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American Society of Mechanical Engineers are incorporated herein by reference.

(1) ASME Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1‑1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).

(3) Standard for the Qualification and Certification of Resource Recovery Facility Operators, ASME QRO‑1‑1994.

b. Copies may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, NY 10016; telephone (800) 843‑2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital Association is incorporated herein by reference: An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities, AHA Catalog no. W5-057007, 1993.

b. Copies may be obtained from American Hospital Association, One North Franklin, Chicago, IL 60606; telephone (800) 242‑2626.

10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from the Bay Area Air Quality Management District are incorporated herein by reference:

(1) Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride" (December 20, 1995).

(2) Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials" (November 6, 1996).

b. Copies may be obtained from Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109, telephone (415) 771‑6000.

11. South Coast Air Quality Management District (SCAQMD).

a. The following documents from the South Coast Air Quality Management District are incorporated herein by reference:

(1) Method 303‑91, "Determination of Exempt Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(2) Method 318‑95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).

(4) Method 304‑91, "Determination of Volatile Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(5) Method 316A‑92, "Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," October 3, 1989.

b. Copies may be obtained from South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, telephone (909) 396‑2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut-Off Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(3) Method 100, "Procedures for Continuous Gaseous Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate for Spill-Proof Systems" (July 6, 2000).

(5) Method 310, "Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (Including Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).

(9) "Certification Procedure 501 for Portable Fuel Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).

(10) "Test Procedure for Determining Integrity of Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).

(11) "Test Procedure for Determining Diurnal Emissions from Portable Fuel Containers, TP-502" (July 26, 2006).

b. Copies may be obtained from California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812, telephone (906) 322‑3260 or (906) 322‑2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architectural Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification 2604‑02, "Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels" (2002).

(2) Voluntary Specification 2605‑02, "Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels" (2002).

b. Copies may be obtained from American Architectural Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173, telephone (847) 303‑5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (January 2001).

b. Copies may be obtained from American Furniture Manufacturers Association, P.O. Box HP-7, High Point, NC 27261; telephone (336) 884‑5000.

15. Petroleum Equipment Institute.

a. The following document from the Petroleum Equipment Institute is incorporated herein by reference: Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI/RP300‑09 (2009).

b. Copies may be obtained from Petroleum Equipment Institute, 6931 S. 66th E. Avenue, Suite 310, Tulsa, OK 74133; telephone (918) 494‑9696; www.pei.org.

16. American Architectural Manufacturers Association (AAMA).

a. The following documents from the American Architectural Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels, publication number AAMA 2604‑05.

(2) Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels, publication number AAMA 2605‑05.

b. Copies may be obtained from American Architectural Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173-4268; telephone (847) 303‑5774.

Titles of Regulations: 9VAC5-20. General Provisions (Rev. C19) (amending 9VAC5-20-204).

9VAC5-30. Ambient Air Quality Standards (Rev. C19) (amending 9VAC5-30-55).

9VAC5-151. Regulation for Transportation Conformity (Rev. C19) (amending 9VAC5-151-20).

9VAC5-160. Regulation for General Conformity (Rev. C19) (amending 9VAC5-160-30).

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51 (9VAC5-20-204, 9VAC5-151-20).

§ 10.1-1308 of the Code of Virginia; §§ 108, 109, 110, 182, and 302 of the Clean Air Act; 40 CFR Parts 50, 51, 53, and 58 (9VAC5-30-55).

§ 10.1-1308 of the Code of Virginia; §§ 108, 109, 182, and 302 of the Clean Air Act; 40 CFR Parts 50, 53, and 58 (9VAC5-160-30).

Effective Date: March 4, 2020.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Background: On March 6, 2015 (80 FR 12264), the U.S. Environmental Protection Agency (EPA) established a final rule to implement the 2008 ozone National Ambient Air Quality Standard (NAAQS). This rule addressed a range of nonattainment area state implementation plan requirements for the 2008 NAAQS, including how to address the revoked 1997 NAAQS. Under Revision G16, the Virginia rules (9VAC5-20-204) were amended to call attention to the fact that the 1997 standard no longer had any effect for the purposes of ozone implementation. Revocation of the 1997 standard also meant that transportation and general conformity reviews were no longer needed in 1997 ozone maintenance areas, and the Virginia conformity regulations were amended accordingly. On February 10, 2017, the Department of Environmental Quality officially requested approval of a revision to the Virginia State Implementation Plan (SIP) for the amended regulations. Since the SIP was originally submitted, the U.S. Court of Appeals for the District of Columbia Circuit vacated portions of EPA's final implementation rule on February 16, 2018. Because those provisions were vacated, EPA requested that Virginia officially withdraw the Revision G16 SIP submittal, and the department did so on February 27, 2019.  

Summary:

The amendments (i) conform regulations to the U.S. Court of Appeals for the District of Columbia Circuit decision and (ii) add 9VAC5-20-204 A 4 to implement the 2015 ozone NAAQS in the Northern Virginia Ozone Nonattainment Area pursuant to 40 CFR 81.309.

9VAC5-20-204. Nonattainment areas.

A. Nonattainment areas are geographically defined below by locality for the criteria pollutants indicated. Following the name of each ozone nonattainment area, in parentheses, is the classification assigned pursuant to § 181(a) of the federal Clean Air Act (42 USC § 7511(a)), 40 CFR 51.903(a), and 40 CFR 51.1103(a).

1. Ozone (1-hour).

Northern Virginia Ozone Nonattainment Area (severe).

2. Ozone (8-hour, 0.08 ppm).

Northern Virginia Ozone Nonattainment Area (moderate).

3. Ozone (8-hour, 0.075 ppm).

Northern Virginia Ozone Nonattainment Area (marginal).

4. Ozone (8-hour, 0.070 ppm).

Northern Virginia Ozone Nonattainment Area (marginal).

5. All other pollutants.

None.

B. Subdivision A 1 of this section shall not be effective after June 15, 2005.

C. Subdivision A 2 of this section shall not be effective after April 6, 2015.

9VAC5-30-55. Ozone (8-hour, 0.08 ppm).

A. The primary and secondary ambient air quality standard is 0.08 parts per million, daily maximum 8-hour average.

B. Ozone shall be measured by the reference method described in Appendix D of 40 CFR Part 50, or other method designated as such, or by an equivalent method.

C. The 8-hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with Appendix I of 40 CFR Part 50.

D. The standard set forth in subsection A of this section shall no longer apply after April 6, 2015. Area designations and classifications with respect to the revoked standard set forth in subsection A of this section are set forth in 9VAC5-20-204 A 2.

Part II
General Provisions

9VAC5-151-20. Applicability.

A. The provisions of this chapter shall apply to the following actions:

1. Except as provided for in subsection C of this section or 40 CFR 93.126, conformity determinations are required for:

a. The adoption, acceptance, approval or support of transportation plans and transportation plan amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a MPO or USDOT;

b. The adoption, acceptance, approval or support of TIPs and TIP amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a MPO or USDOT; and

c. The approval, funding, or implementation of FHWA/FTA projects.

2. Conformity determinations are not required under this chapter for individual projects that are not FHWA/FTA projects. However, 40 CFR 93.121 applies to the projects if they are regionally significant.

3. This chapter shall apply to conformity determinations for which the final decision is made on or after the program approval date. For purposes of applying this subdivision, the program approval date of the regulation adopted by the board on March 26, 2007, shall be the date 30 days after the date on which a notice is published in the Virginia Register acknowledging that the administrator has approved the regulation adopted by the board on March 26, 2007.

B. The provisions of this chapter shall apply in all nonattainment and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a maintenance plan. The provisions of this chapter shall not apply in nonattainment and maintenance areas that were designated nonattainment or maintenance under a federal standard that has been revoked (see 9VAC5-20-204 B).

1. The provisions of this chapter apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide (CO), nitrogen dioxide (NO₂), particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM₁₀); and particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM_2.5).

2. The provisions of this chapter also apply with respect to emissions of the following precursor pollutants:

a. Volatile organic compounds (VOCs) and nitrogen oxides (NO_X) in ozone areas;

b. NO_X in nitrogen dioxide areas;

c. VOCs or NO_X or both, in PM₁₀ areas:

(1) If the EPA Regional Administrator or the DEQ Director has made a finding that transportation-related emissions of one or both of these precursors within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified the MPO and USDOT; or

(2) If the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy;

d. NO_X in PM_2.5 areas:

(1) Unless both the EPA Regional Administrator and the DEQ Director have made a finding that transportation-related emissions of NO_X within the nonattainment area are not a significant contributor to the PM_2.5 nonattainment problem and have so notified the MPO and USDOT,; or

(2) The applicable implementation plan (or implementation plan submission) does not establish an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy; and

e. VOC, sulfur dioxide (S0₂) and/or ammonia (NH₃) in PM_2.5 areas either:

(1) If the EPA Regional Administrator or the DEQ Director has made a finding that transportation-related emissions of any of these precursors within the nonattainment area are a significant contributor to the PM_2.5 nonattainment problem and has so notified the MPO and USDOT,; or

(2) If the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy.

3. The provisions of this chapter apply to PM_2.5 nonattainment and maintenance areas with respect to PM_2.5 from re-entrained road dust if the EPA Regional Administrator or the DEQ Director has made a finding that re-entrained road dust emissions within the area are a significant contributor to the PM_2.5 nonattainment problem and has so notified the MPO and USDOT, or if the applicable implementation plan (or implementation plan submission) includes re-entrained road dust in the approved (or adequate) budget as part of the reasonable further progress, attainment or maintenance strategy. Re-entrained road dust emissions are produced by travel on paved and unpaved roads (including emissions from anti-skid and deicing materials).

4. The provisions of this chapter apply to maintenance areas through the last year of the area's maintenance plan approved under § 175A(b) of the federal Clean Air Act, unless the applicable implementation plan specifies that the provisions of this chapter shall apply for more than 20 years.

C. In order to receive any FHWA/FTA approved or funding actions, including NEPA approvals, for a project phase subject to this chapter, a currently conforming transportation plan and TIP must be in place at the time of project approval as described in 40 CFR 93.114, except as provided by 40 CFR 93.114(b).

D. For areas or portions of areas that have been continuously designated attainment or not designated for any National Ambient Air Quality Standard for ozone, CO, PM₁₀, PM_2.5 or NO₂ since 1990 and are subsequently redesignated to nonattainment or designated nonattainment for any National Ambient Air Quality Standard for any of these pollutants, the provisions of this chapter shall not apply with respect to that National Ambient Air Quality Standard for 12 months following the effective date of final designation to nonattainment for each National Ambient Air Quality Standard for such pollutant.

Part II
General Provisions

9VAC5-160-30. Applicability.

A. The provisions of this chapter shall apply in all nonattainment and maintenance areas for criteria pollutants for which the area is designated nonattainment or has a maintenance plan. Conformity requirements for newly designated nonattainment areas are not applicable until one year after the effective date of the final nonattainment designation for each national ambient air quality standard and pollutant in accordance with § 176(c)(6) of the federal Clean Air Act.

B. The provisions of this chapter apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide, particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM₁₀), and particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM_2.5). The provisions of this chapter shall not apply in nonattainment and maintenance areas that were designated nonattainment or maintenance under a federal standard that has been revoked (see 9VAC5-20-204 B).

C. The provisions of this chapter apply with respect to emissions of the following precursor pollutants:

1. For ozone:

a. Nitrogen oxides, unless an area is exempted from nitrogen oxides requirements under § 182(f) of the federal Clean Air Act, and

b. Volatile organic compounds.

2. For PM₁₀, those pollutants described in the PM₁₀ nonattainment area applicable implementation plan as significant contributors to the PM₁₀ levels.

3. For PM_2.5, (i) sulfur dioxide in all PM_2.5 nonattainment and maintenance areas, (ii) nitrogen oxides in all PM_2.5 nonattainment and maintenance areas unless both the department and EPA determine that it is not a significant precursor, and (iii) volatile organic compounds and ammonia only in PM_2.5 nonattainment or maintenance areas where either the department or EPA determines that they are significant precursors.

D. Conformity determinations for federal actions related to transportation plans, programs, and projects developed, funded, or approved under Title 23 USC or the Federal Transit Act (49 USC § 5301 et seq.) shall meet the procedures and criteria of 9VAC5-151 (Regulation for Transportation Conformity), in lieu of the procedures set forth in this chapter.

E. For federal actions not covered by subsection D of this section, a conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions of the criteria pollutant or precursor in a nonattainment or maintenance area caused by a federal action would equal or exceed any of the rates in subdivision 1 or 2 of this subsection.

1. For the purposes of this subsection, the following rates apply in nonattainment areas:

2. For the purposes of this subsection, the following rates apply in maintenance areas:

F. The requirements of this section shall not apply to the following federal actions:

1. Actions where the total of direct and indirect emissions are below the emissions levels specified in subsection E of this section.

2. The following actions which would result in no emissions increase or an increase in emissions that is clearly de minimis:

a. Judicial and legislative proceedings.

b. Continuing and recurring activities such as permit renewals where activities conducted shall be similar in scope and operation to activities currently being conducted.

c. Rulemaking and policy development and issuance.

d. Routine maintenance and repair activities, including repair and maintenance of administrative sites, roads, trails, and facilities.

e. Civil and criminal enforcement activities, such as investigations, audits, inspections, examinations, prosecutions, and the training of law-enforcement personnel.

f. Administrative actions such as personnel actions, organizational changes, debt management, internal agency audits, program budget proposals, and matters relating to administration and collection of taxes, duties, and fees.

g. The routine, recurring transportation of materiel and personnel.

h. Routine movement of mobile assets, such as ships and aircraft, in home port reassignments and stations (when no new support facilities or personnel are required) to perform as operational groups and for repair or overhaul or both.

i. Maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal shall be at an approved disposal site.

j. With respect to existing structures, properties, facilities, and lands where future activities conducted shall be similar in scope and operation to activities currently being conducted at the existing structures, properties, facilities, and lands, actions such as relocation of personnel, disposition of federally-owned existing structures, properties, facilities, and lands, rent subsidies, operation and maintenance cost subsidies, the exercise of receivership or conservatorship authority, assistance in purchasing structures, and the production of coins and currency.

k. The granting of leases, licenses such as for exports and trade, permits, and easements where activities conducted shall be similar in scope and operation to activities currently being conducted.

l. Planning, studies, and provision of technical assistance.

m. Routine operation of facilities, mobile assets, and equipment.

n. Transfers of ownership, interests, and titles in land, facilities, and real and personal properties, regardless of the form or method of the transfer.

o. The designation of empowerment zones, enterprise communities, or viticultural areas.

p. Actions by any of the federal banking agencies or the federal reserve banks, including actions regarding charters, applications, notices, licenses, the supervision or examination of depository institutions or depository institution holding companies, access to the discount window, or the provision of financial services to banking organizations or to any state, agency, or instrumentality of the United States.

q. Actions by the Board of Governors of the federal reserve system or any federal reserve bank to effect monetary or exchange rate policy.

r. Actions that implement a foreign affairs function of the United States.

s. Actions or portions thereof associated with transfers of land, facilities, title, and real properties through an enforceable contract or lease agreement where the delivery of the deed is required to occur promptly after a specific, reasonable condition is met, such as promptly after the land is certified as meeting the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC § 9601 et seq., and where the federal agency does not retain continuing authority to control emissions associated with the lands, facilities, title, or real properties.

t. Transfers of real property, including land, facilities, and related personal property from a federal entity to another federal entity, and assignments of real property, including land, facilities, and related personal property from a federal entity to another federal entity, for subsequent deeding to eligible applicants.

u. Actions by the Department of the Treasury to effect fiscal policy and to exercise the borrowing authority of the United States.

v. Air traffic control activities and adopting approach, departure, and en route procedures for aircraft operations above the mixing height specified in the applicable implementation plan. Where the applicable implementation plan does not specify a mixing height, the federal agency may use the 3,000 feet above ground level as a default mixing height, unless the agency demonstrates that use of a different mixing height is appropriate because the change in emissions at and above that height caused by the federal action is de minimis.

3. Actions where the emissions are not reasonably foreseeable, such as the following:

a. Initial outer continental shelf lease sales which that are made on a broad scale and are followed by exploration and development plans on a project level.

b. Electric power marketing activities that involve the acquisition, sale, and transmission of electric energy.

4. Individual actions which that implement a decision to conduct or carry out a program that has been found to conform to the applicable implementation plan, such as prescribed burning actions which are consistent with a conforming land management plan, that has been found to conform to the applicable implementation plan. The land management plan shall have been found to conform within the past five years.

G. Notwithstanding the other requirements of this section, a conformity determination is not required for the following federal actions or portions thereof:

1. The portion of an action that includes major or minor new or modified stationary sources that require a permit under the new source review program.

2. Actions in response to emergencies that are typically commenced on the order of hours or days after the emergency and, if applicable, that meet the requirements of subsection H of this section.

3. Research, investigations, studies, demonstrations, or training (other than those exempted under subdivision F 2 of this section), where no environmental detriment is incurred, or the particular action furthers air quality research, as determined by the department.

4. Alteration and additions of existing structures as specifically required by new or existing applicable environmental legislation or environmental regulations (for example, hush houses for aircraft engines and scrubbers for air emissions).

5. Direct emissions from remedial and removal actions carried out under CERCLA and associated regulations to the extent the emissions either comply with the substantive requirements of the new source review program or are exempted from other environmental regulation under the provisions of CERCLA and applicable regulations issued under CERCLA.

H. Federal actions which that are part of a continuing response to an emergency or disaster under subdivision G 2 of this section and which that are to be taken more than six months after the commencement of the response to the emergency or disaster under subdivision G 2 of this section are exempt from the requirements of this subsection only if:

1. The federal agency taking the actions makes a written determination that, for a specified period not to exceed an additional six months, it is impractical to prepare the conformity analyses which would otherwise be required and the actions cannot be delayed due to overriding concerns for public health and welfare, national security interests, and foreign policy commitments; or

2. For actions which that are to be taken after those actions covered by subdivision H 1 of this section, the federal agency makes a new determination as provided in subdivision H 1 of this section, and:

a. Provides a draft copy of the written determinations required to affected EPA regional offices, the affected states and air pollution control agencies, and any federally recognized Indian tribal government in the nonattainment or maintenance area. Those organizations shall be allowed 15 days from the beginning of the extension period to comment on the draft determination; and

b. Within 30 days after making the determination, publish a notice of the determination by placing a prominent advertisement in a daily newspaper of general circulation in the area affected by the action.

3. If additional actions are necessary in response to an emergency or disaster under subdivision G 2 of this section beyond the specified time period in subdivision 2 of this subsection, a federal agency may make a new written determination as described in subdivision 2 of this subsection for as many six-month periods as needed, but in no case shall this exemption extend beyond three six-month periods except where an agency provides information to EPA and the department stating that the conditions that gave rise to the emergency exemption continue to exist and how such conditions effectively prevent the agency from conducting a conformity evaluation.

I. Notwithstanding other requirements of this chapter, actions specified by individual federal agencies that have met the criteria set forth in subdivision J 1, J 2, or J 3 of this section and the procedures set forth in subsection K of this section are presumed to conform, except as provided in subsection M of this section. Actions specified by individual federal agencies as presumed to conform shall not be used in combination with one another when the total direct and indirect emissions from the combination of actions would equal or exceed any of the rates specified in subdivision E 1 or E 2 of this section.

J. The federal agency shall meet the criteria for establishing activities that are presumed to conform by fulfilling the requirements set forth in either subdivision 1, 2, or 3 of this subsection.

1. The federal agency shall clearly demonstrate, using methods consistent with this regulation, that the total of direct and indirect emissions from the type of activities which would be presumed to conform would not:

a. Cause or contribute to any new violation of any standard in any area;

b. Interfere with the provisions in the applicable implementation plan for maintenance of any standard;

c. Increase the frequency or severity of any existing violation of any standard in any area;

d. Delay timely attainment of any standard or any required interim emissions reductions or other milestones in any area including, where applicable, emission levels specified in the applicable implementation plan for purposes of:

(1) A demonstration of reasonable further progress;

(2) A demonstration of attainment; or

(3) A maintenance plan.

2. The federal agency shall provide documentation that the total of direct and indirect emissions from the future actions would be below the emission rates for a conformity determination that are established in subsection B of this section, based, for example, on similar actions taken over recent years.

3. The federal agency shall clearly demonstrate that the emissions from the type or category of actions and the amount of emissions from the action are included in the applicable implementation plan and the department provides written concurrence that the emissions from the actions along with all other expected emissions in the area will not exceed the emission budget in the applicable implementation plan.

K. In addition to meeting the criteria for establishing exemptions set forth in subdivision J 1, J 2, or J 3 of this section, the following procedures shall also be complied with to presume that activities shall conform:

1. The federal agency shall identify through publication in the Federal Register its list of proposed activities that are presumed to conform, and the basis for the presumptions. The notice shall clearly identify the type and size of the action that would be presumed to conform and provide criteria for determining if the type and size of action qualifies it for the presumption;

2. The federal agency shall notify the appropriate EPA regional office or offices, department, and local air quality agencies and, where applicable, the lead planning organization, and the metropolitan planning organization and provide at least 30 days for the public to comment on the list of proposed activities presumed to conform. If the presumed to conform action has regional or national application (e.g., the action will cause emission increases in excess of the de minimis levels identified in subsection E of this section in more than one EPA region), the federal agency, as an alternative to sending it to EPA regional offices, may send the draft conformity determination to EPA, Office of Air Quality Planning and Standards;

3. The federal agency shall document its response to all the comments received and make the comments, response, and final list of activities available to the public upon request; and

4. The federal agency shall publish the final list of such activities in the Federal Register.

L. Emissions from the following actions are presumed to conform:

1. Actions at installations with facility-wide emission budgets meeting the requirements in 9VAC5-160-181 provided that the department has included the emission budget in the EPA-approved applicable implementation plan and the emissions from the action along with all other emissions from the installation will not exceed the facility-wide emission budget.

2. Prescribed fires conducted in accordance with a smoke management program that meets the requirements of EPA's Interim Air Quality Policy on Wildland and Prescribed Fires (April 1998) or an equivalent replacement EPA policy.

3. Emissions for actions that the department identifies in the EPA-approved applicable implementation plan as presumed to conform.

M. Even though an action would otherwise be presumed to conform under subsection I or L of this section, an action shall not be presumed to conform and the requirements of 9VAC5-160-110 through 9VAC5-160-180, 9VAC5-160-182 through 9VAC5-160-184, and 9VAC5-160-190 shall apply to the action if EPA or a third party shows that the action would:

1. Cause or contribute to any new violation of any standard in any area;

2. Interfere with provisions in the applicable implementation plan for maintenance of any standard;

3. Increase the frequency or severity of any existing violation of any standard in any area; or

4. Delay timely attainment of any standard or any required interim emissions reductions or other milestones in any area including, where applicable, emission levels specified in the applicable implementation plan for purposes of (i) a demonstration of reasonable further progress, (ii) a demonstration of attainment, or (iii) a maintenance plan.

N. Any measures used to affect or determine applicability of this chapter, as determined under this section, shall result in projects that are in fact de minimis, shall result in the de minimis levels prior to the time the applicability determination is made, and shall be state or federally enforceable. Any measures that are intended to reduce air quality impacts for this purpose shall be identified (including the identification and quantification of all emission reductions claimed) and the process for implementation (including any necessary funding of the measures and tracking of the emission reductions) and enforcement of the measures shall be described, including an implementation schedule containing explicit timelines for implementation. Prior to a determination of applicability, the federal agency making the determination shall obtain written commitments from the appropriate persons or agencies to implement any measures which are identified as conditions for making the determinations. The written commitment shall describe the mitigation measures and the nature of the commitment, in a manner consistent with the previous sentence. After this regulation is approved by EPA, enforceability through the applicable implementation plan of any measures necessary for a determination of applicability shall apply to all persons who agree to reduce direct and indirect emissions associated with a federal action for a conformity applicability determination.

Titles of Regulations: 9VAC5-50. New and Modified Stationary Sources (Rev. D19) (amending 9VAC5-50-400).

9VAC5-60. Hazardous Air Pollutant Sources (Rev. D19) (amending 9VAC5-60-60, 9VAC5-60-90).

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Effective Date: March 4, 2020.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email karen.sabasteanski@deq.virginia.gov.

Summary:

The amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2019, so that the date of the Code of Federal Regulations book being incorporated by reference is updated to the latest version.

Article 5
Environmental Protection Agency Standards of Performance for New Stationary Sources (Rule 5‑5)

9VAC5-50-400. General.

The U.S. Environmental Protection Agency Regulations on Standards of Performance for New Stationary Sources (NSPSs), as promulgated in 40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-50-420. The complete text of the subparts in 9VAC5-50-410 incorporated in this regulation by reference is contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each subpart in 9VAC5-50-410 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2018) (2019) in effect July 1, 2018 2019. In making reference to the Code of Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code of Federal Regulations.

Part II
Emission Standards

Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants (Rule 6-1)

9VAC5-60-60. General.

The Environmental Protection Agency (EPA) Regulations on National Emission Standards for Hazardous Air Pollutants (NESHAP), as promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-60-80. The complete text of the subparts in 9VAC5-60-70 incorporated in this regulation by reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under each subpart in 9VAC5-60-70 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2018) (2019) in effect July 1, 2018 2019. In making reference to the Code of Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the Code of Federal Regulations.

Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Source Categories (Rule 6-2)

9VAC5-60-90. General.

The Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants for Source Categories (Maximum Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-60-110. The complete text of the subparts in 9VAC5-60-100 incorporated in this regulation by reference is contained in 40 CFR Part 63. The 40 CFR section numbers appearing under each subpart in 9VAC5-60-100 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2018) (2019) in effect July 1, 2018 2019. In making reference to the Code of Federal Regulations, 40 CFR Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR 63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.

Title of Regulation: 9VAC5-80. Permits for Stationary Sources (Rev. B19) (amending 9VAC5-80-2010, 9VAC5-80-2120).

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, 182, and Title V of the Clean Air Act; 40 CFR Parts 51, 61, 63, 63, 70, and 72.

Effective Date: March 4, 2020.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Background: On December 6, 2018 (83 FR 62998), the U.S. Environmental Protection Agency (EPA) finalized nonattainment area and ozone transport region (OTR) implementation requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS) that were promulgated on October 1, 2015. This rule included amendments to new source review (NSR) permitting requirements for ozone nonattainment areas found in 40 CFR 51.165 that enable a permitting agency to allow offset requirements for emissions of nitrogen oxides (NO_X) and volatile organic compounds (VOC) to be met by offsetting reductions in actual emissions of either of those precursors as established by a case-specific permit ratio for ozone. Virginia administers the nonattainment NSR program through Article 9 (9VAC5-80-2000 et seq.) of 9VAC5-80 (Permits for Stationary Sources), which must be the same as or equivalent to the revised federal program, so must be amended accordingly.

Additionally, default program requirements to address VOC as a PM_2.5 precursor as published in EPA's August 24, 2016 (81 FR 58010) final implementation rule for the 2012 NAAQS for very fine particulate matter (PM_2.5) are not appropriate for and do not benefit Virginia's NSR program. EPA has clarified, and the department agrees, that an emissions rate for VOC as a PM_2.5 precursor is not as protective, transparent, quantifiable, or reliable as the original emissions rate for NO_X, particularly given the predominance of NO_X compared to VOC in the nonattainment area. The amendment to the definition of "significant," also being made at this time, replaces those EPA provisions with the original text, which will better enable the department to ensure that PM_2.5 emissions are properly controlled in the context of federal mandates.

Summary:

The amendments (i) allow offset requirements for emissions of NO_X and VOC to be met by offsetting reductions in actual emissions of either of those precursors as established by a case-specific permit ratio for ozone to meet the requirements of 40 CFR 51.165(a)(11) and (ii) correct the definition of "significant" to properly identify how to address VOC as a PM_2.5 precursor.

9VAC5-80-2010. Definitions.

A. As used in this article, all words or terms not defined here shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.

B. For the purpose of this article, 9VAC5-50-270, and any related use, the words or terms shall have the meanings given them in subsection C of this section.

C. Terms defined.

"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with subdivisions a, b, and c of this definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 9VAC5-80-2144. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes.

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which that precedes the particular date and which that is representative of normal source operation. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

b. The board may presume that the source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

"Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant.

"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative.

"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally and state enforceable limits which that restrict the operating rate, hours of operation, or both) and the most stringent of the following:

a. The applicable standards set forth in 40 CFR Parts 60, 61, and 63;

b. Any applicable implementation plan emissions limitation including those with a future compliance date; or

c. The emissions limit specified as a federally and state enforceable permit condition, including those with a future compliance date.

For the purposes of actuals PALs, "allowable emissions" shall also be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

"Applicable federal requirement" means all of, but not limited to, the following as they apply to emissions units in a source subject to this article (including requirements that have been promulgated or approved by the administrator through rulemaking at the time of permit issuance but have future-effective compliance dates):

a. Any standard or other requirement provided for in an implementation plan established pursuant to § 110 or 111(d) of the federal Clean Air Act, including any source-specific provisions such as consent agreements or orders.

b. Any limit or condition in any construction permit issued under the new source review program or in any operating permit issued pursuant to the state operating permit program.

c. Any emission standard, alternative emission standard, alternative emission limitation, equivalent emission limitation, or other requirement established pursuant to § 112 or 129 of the federal Clean Air Act as amended in 1990.

d. Any new source performance standard or other requirement established pursuant to § 111 of the federal Clean Air Act, and any emission standard or other requirement established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.

e. Any limitations and conditions or other requirement in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

f. Any requirement concerning accident prevention under § 112(r)(7) of the federal Clean Air Act.

g. Any compliance monitoring requirements established pursuant to either § 504(b) or 114(a)(3) of the federal Clean Air Act.

h. Any standard or other requirement for consumer and commercial products under § 183(e) of the federal Clean Air Act.

i. Any standard or other requirement for tank vessels under § 183(f) of the federal Clean Air Act.

j. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer continental shelf sources.

k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act, unless the administrator has determined that such requirements need not be contained in a permit issued under this article.

l. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in Article 8 (9VAC5-80-1605 et seq.) of this part.

"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:

a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding when the owner begins actual construction of the project. The board may allow the use of a different time period upon a determination that it is more representative of normal source operation.

(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

(3) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated NSR pollutant.

(4) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivision a (2) of this definition.

b. For an existing emissions unit other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the 10-year period immediately preceding either the date the owner begins actual construction of the project, or the date a complete permit application is received by the board for a permit required either under this section or under a plan approved by the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.

(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

(3) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the source shall currently comply, had such source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 9VAC5-80-2120 K.

(4) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated NSR pollutant.

(5) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivisions b (2) and b (3) of this definition.

c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision a of this definition, for other existing emissions units in accordance with the procedures contained in subdivision b of this definition, and for a new emissions unit in accordance with the procedures contained in subdivision c of this definition.

"Begin actual construction" means, in general, initiation of physical on-site onsite construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site onsite activities other than preparatory activities which mark the initiation of the change.

"Best available control technology" or "BACT" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the board, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. If the board determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means that achieve equivalent results.

"Building, structure, facility, or installation" means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the same two-digit code) as described in the "Standard Industrial Classification Manual," as amended by the supplement (see 9VAC5-20-21).

"Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or nitrogen oxides associated with the utilization of coal in the generation of electricity, or process steam that was not in widespread use as of November 15, 1990.

"Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the U.S. EPA. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.

"Commence," as applied to construction of a major stationary source or major modification, means that the owner has all necessary preconstruction approvals or permits and either has:

a. Begun, or caused to begin, a continuous program of actual on-site onsite construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner, to undertake a program of actual construction of the source, to be completed within a reasonable time.

"Complete application" means that the application contains all the information necessary for processing the application and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. Designating an application complete for purposes of permit processing does not preclude the board from requesting or accepting additional information.

"Construction" means any physical change in or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in actual emissions.

"Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements of this article, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

"Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements of this article, to monitor process and control device operational parameters (for example (e.g., control device secondary voltages and electric currents) and other information (for example (e.g., gas flow rate, O₂ or CO₂ concentrations), and to record average operational parameter values on a continuous basis.

"Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatt electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

"Emissions cap" means any limitation on the rate of emissions of any air pollutant from one or more emissions units established and identified as an emissions cap in any permit issued pursuant to the new source review program or operating permit program.

"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam generating unit. For purposes of this article, there are two types of emissions units: (i) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; and (ii) an existing emissions unit is any emissions unit that is not a new emissions unit. A replacement unit is an existing emissions unit.

"Enforceable as a practical matter" means that the permit contains emission limitations that are enforceable by the board or the department and meet the following criteria:

a. Are permanent;

b. Contain a legal obligation for the owner to adhere to the terms and conditions;

c. Do not allow a relaxation of a requirement of the implementation plan;

d. Are technically accurate and quantifiable;

e. Include averaging times or other provisions that allow at least monthly (or a shorter period if necessary to be consistent with the implementation plan) checks on compliance. This may include, but not be limited to, the following: compliance with annual limits in a rolling basis, monthly or shorter limits, and other provisions consistent with this article and other regulations of the board; and

f. Require a level of recordkeeping, reporting and monitoring sufficient to demonstrate compliance.

"Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

"Federally enforceable" means all limitations and conditions that are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to the following:

a. Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.

b. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.

c. All terms and conditions (unless expressly designated as not federally enforceable) in a federal operating permit, including any provisions that limit a source's potential to emit.

d. Limitations and conditions that are part of an implementation plan established pursuant to § 110, 111(d), or 129 of the federal Clean Air Act.

e. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA into the implementation plan.

f. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a state operating permit where the permit and the permit program pursuant to which it was issued meet all of the following criteria:

(1) The operating permit program has been approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act.

(2) The operating permit program imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits that do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not "federally enforceable" by EPA.

(3) The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the implementation plan, or that are otherwise "federally enforceable."

(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter.

(5) The permit in question was issued only after adequate and timely notice and opportunity for comment by the EPA and the public.

g. Limitations and conditions in a regulation of the board or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

h. Individual consent agreements that EPA has legal authority to create.

"Federal operating permit" means a permit issued under the federal operating permit program.

"Federal operating permit program" means an operating permit system (i) for issuing terms and conditions for major stationary sources, (ii) established to implement the requirements of Title V of the federal Clean Air Act and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.

"Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

"Lowest achievable emissions rate" or "LAER" means for any source, the more stringent rate of emissions based on the following:

a. The most stringent emissions limitation that is contained in the implementation plan of any state for such class or category of stationary source, unless the owner of the proposed stationary source demonstrates that such limitations are not achievable; or

b. The most stringent emissions limitation that is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

"Major emissions unit" means (i) any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant for nonattainment areas in subdivision a (1) of the definition of "major stationary source."

"Major modification"

a. Means any physical change in or change in the method of operation of a major stationary source that would result in (i) a significant emissions increase of a regulated NSR pollutant; and (ii) a significant net emissions increase of that pollutant from the source.

b. Any significant emissions increase from any emissions units or net emissions increase at a source that is considered significant for volatile organic compounds shall be considered significant for ozone.

c. A physical change in or change in the method of operation shall not include the following:

(1) Routine maintenance, repair, and replacement.

(2) Use of an alternative fuel or raw material by reason of an order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.

(3) Use of an alternative fuel by reason of an order or rule § 125 of the federal Clean Air Act.

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary source that:

(a) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally and state enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or this chapter; or

(b) The source is approved to use under any permit issued under 40 CFR 52.21 or this chapter.

(6) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally and state enforceable permit condition which that was established after December 21, 1976, pursuant to 40 CFR 52.21 or this chapter.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(a) The applicable implementation plan; and

(b) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated.

d. This definition shall not apply with respect to a particular regulated NSR pollutant when the source is complying with the requirements under 9VAC5-80-2144 for a PAL for that pollutant. Instead, the definition for "PAL major modification" shall apply.

"Major new source review (NSR) permit" means a permit issued under the major new source review program.

"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165, and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.), and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Major stationary source"

a. Means:

(1) Any stationary source of air pollutants that emits, or has the potential to emit, (i) 100 tons per year or more of a regulated NSR pollutant, (ii) 50 tons per year or more of volatile organic compounds or nitrogen oxides in ozone nonattainment areas classified as serious in 9VAC5-20-204, (iii) 25 tons per year or more of volatile organic compounds or nitrogen oxides in ozone nonattainment areas classified as severe in 9VAC5-20-204, or (iv) 100 tons per year or more of nitrogen oxides or 50 tons per year of volatile organic compounds in the Ozone Transport Region; or

(2) Any physical change that would occur at a stationary source not qualifying under subdivision a (1) of this definition as a major stationary source if the change would constitute a major stationary source by itself.

b. A major stationary source that is major for volatile organic compounds shall be considered major for ozone.

c. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this article whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(1) Coal cleaning plants (with thermal dryers).

(2) Kraft pulp mills.

(3) Portland cement plants.

(4) Primary zinc smelters.

(5) Iron and steel mills.

(6) Primary aluminum ore reduction plants.

(7) Primary copper smelters.

(8) Municipal incinerators (or combinations of them) capable of charging more than 250 tons of refuse per day.

(9) Hydrofluoric acid plants.

(10) Sulfuric acid plants.

(11) Nitric acid plants.

(12) Petroleum refineries.

(13) Lime plants.

(14) Phosphate rock processing plants.

(15) Coke oven batteries.

(16) Sulfur recovery plants.

(17) Carbon black plants (furnace process).

(18) Primary lead smelters.

(19) Fuel conversion plants.

(20) Sintering plants.

(21) Secondary metal production plants.

(22) Chemical process plants (which shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140).

(23) Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.

(24) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

(25) Taconite ore processing plants.

(26) Glass fiber manufacturing plants.

(27) Charcoal production plants.

(28) Fossil fuel steam electric plants of more than 250 million British thermal units per hour heat input.

(29) Any other stationary source category, which, as of August 7, 1980, is being regulated under 40 CFR Part 60, 61, or 63.

"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.

"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation) that are not subject to review under the major new source review program, (ii) established to implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et seq.) of this part.

"Necessary preconstruction approvals or permits" means those permits required under the NSR program that are part of the applicable implementation plan.

"Net emissions increase" means:

a. With respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to 9VAC5-80-2000 H; and

(2) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in the definition of "baseline actual emissions," except that subdivisions a (3) and b (4) of that definition shall not apply.

b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs. For sources located in ozone nonattainment areas classified as serious or severe in 9VAC5-20-204, an increase or decrease in actual emissions of volatile organic compounds or nitrogen oxides is contemporaneous with the increase from the particular change only if it occurs during a period of five consecutive calendar years which includes the calendar year in which the increase from the particular change occurs.

c. An increase or decrease in actual emissions is creditable only if:

(1) It occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs; and

(2) The board has not relied on it in issuing a permit for the source pursuant to this article which permit is in effect when the increase in actual emissions from the particular change occurs.

d. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

e. A decrease in actual emissions is creditable only to the extent that:

(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(2) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;

(3) The board has not relied on it in issuing any permit pursuant to this chapter or the board has not relied on it in demonstrating attainment or reasonable further progress in the implementation plan; and

(4) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

f. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

g. Subdivision a of the definition of "actual emissions" shall not apply for determining creditable increases and decreases or after a change.

"New source performance standard" or "NSPS" means the U.S. Environmental Protection Agency Regulations on Standards of Performance for New Stationary Sources, as promulgated in 40 CFR Part 60 and designated in 9VAC5-50-410.

"New source review (NSR) permit" means a permit issued under the new source review program.

"New source review (NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation); (ii) established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.), and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Nonattainment major new source review (NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of § 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 9 (9VAC5-80-2000 et seq.) of this part. Any permit issued under such a program is a major NSR permit.

"Nonattainment pollutant" means, within a nonattainment area, the pollutant for which such area is designated nonattainment. For ozone nonattainment areas, the nonattainment pollutants shall be volatile organic compounds (including hydrocarbons) and nitrogen oxides.

"Ozone transport region" means the area established by § 184(a) of the federal Clean Air Act or any other area established by the administrator pursuant to § 176A of the federal Clean Air Act for purposes of ozone. For the purposes of this article, the Ozone Transport Region consists of the following localities: Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City.

"Plantwide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established sourcewide in accordance with 9VAC5-80-2144.

"PAL effective date" generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

"PAL effective period" means the period beginning with the PAL effective date and ending 10 years later.

"PAL major modification" means, notwithstanding the definitions for "major modification" and "net emissions increase," any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.

"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally and state enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. For the purposes of actuals PALs, any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable or enforceable as a practical matter by the state.

"Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example (e.g., control device secondary voltages and electric currents) and other information (for example (e.g., gas flow rate, O₂ or CO₂ concentrations), and calculate and record the mass emissions rate (for example (e.g., pounds per hour) on a continuous basis.

"Prevention of significant deterioration (PSD) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of § 165 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 8 (9VAC5-80-1605 et seq.) of this part.

"Project" means a physical change in or change in the method of operation of an existing major stationary source.

"Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the source. In determining the projected actual emissions before beginning actual construction, the owner shall:

a. Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan;

b. Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and

c. Exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have emitted during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth, provided such exclusion shall not reduce any calculated increases in emissions that are caused by, result from, or are related to the particular project; or

d. In lieu of using the method set out in subdivisions a, b, and c of this definition, may elect to use the emissions unit's potential to emit, in tons per year, as defined under the definition of "potential to emit."

"Public comment period" means a time during which the public shall have the opportunity to comment on the new or modified source permit application information (exclusive of confidential information), the preliminary review and analysis of the effect of the source upon the ambient air quality, and the preliminary decision of the board regarding the permit application.

"Reasonable further progress" means the annual incremental reductions in emissions of a given air pollutant (including substantial reductions in the early years following approval or promulgation of an implementation plan and regular reductions thereafter) which that are sufficient in the judgment of the board to provide for attainment of the applicable ambient air quality standard within a specified nonattainment area by the attainment date prescribed in the implementation plan for such area.

"Reasonably available control technology" or "RACT" means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.

"Regulated NSR pollutant" means any of the following:

a. Nitrogen oxides or any volatile organic compound.

b. Any pollutant for which an ambient air quality standard has been promulgated.

c. Any pollutant that is identified under this subdivision as a constituent or precursor of a general pollutant listed under subdivision a or b of this definition, provided that such constituent or precursor pollutant may only be regulated under this article as part of regulation of the general pollutant. Precursors identified for purposes of this article shall be the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

(2) Sulfur dioxide, nitrogen oxides, volatile organic compounds, and ammonia are precursors to PM_2.5 in any PM_2.5 nonattainment area.

(3) Nitrogen oxides are presumed to be precursors to PM_2.5 in all PM_2.5 nonattainment areas, unless the board determines that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM_2.5 concentrations.

(4) Volatile organic compounds and ammonia are presumed not to be precursors to PM_2.5 in any PM_2.5 nonattainment area, unless the board determines that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM_2.5 concentrations.

d. PM_2.5 emissions and PM₁₀ emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM_2.5 and PM₁₀ in permits issued under this article. Compliance with emissions limitations for PM_2.5 and PM₁₀ issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this article.

"Replacement unit" means an emissions unit for which all the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

a. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

c. The replacement does not alter the basic design parameters of the process unit.

d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

"Secondary emissions" means emissions that would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off-site support facility which that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

"Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

a. Ozone nonattainment areas classified as serious or severe in 9VAC5-20-204.

b. Other nonattainment areas.

"Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

"Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.

"Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant.

"State enforceable" means all limitations and conditions that are enforceable as a practical matter, including any regulation of the board, those requirements developed pursuant to 9VAC5-170-160, requirements within any applicable order or variance, and any permit requirements established pursuant to this chapter.

"State operating permit" means a permit issued under the state operating permit program.

"State operating permit program" means an operating permit program (i) for issuing limitations and conditions for stationary sources, (ii) promulgated to meet the EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for the EPA and public comment prior to issuance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.

"Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.

"Synthetic minor" means a stationary source whose potential to emit is constrained by state-enforceable and federally enforceable limits, so as to place that stationary source below the threshold at which it would be subject to permit or other requirements governing major stationary sources in regulations of the board or in the federal Clean Air Act.

"Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less, and that complies with the applicable implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

9VAC5-80-2120. Offsets.

A. Owners shall comply with the offset requirements of this article by obtaining emission reductions from the same source or other sources in the same nonattainment area, except that for ozone precursor pollutants the board may allow the owner to obtain such emission reductions in another nonattainment area if (i) the other area has an equal or higher nonattainment classification than the area in which the source is located and (ii) emissions from such other area contribute to a violation of the ambient air quality standard in the nonattainment area in which the source is located. By the time a new or modified source begins operation, such emission reductions shall (i) be in effect, (ii) be state and federally enforceable and (iii) assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air pollutant from the same or other sources in the nonattainment area.

B. The (i) ratio of total emission reductions of volatile organic compounds to total increased emissions of volatile organic compounds or (ii) the ratio of total emission reductions of nitrogen oxides to total increased emissions of nitrogen oxides in ozone nonattainment areas designated in 9VAC5-20-204 shall be at least the following:

The ratio of total actual emissions reductions of the nonattainment pollutant to the emissions increase shall be at least 1 to one unless an alternative ratio is provided above for the applicable nonattainment area designated in 9VAC5-20-204.

C. Emission reductions otherwise required by these regulations shall not be creditable as emissions reductions for purposes of any such offset requirement. Incidental emission reductions which are not otherwise required by these regulations shall be creditable as emission reductions for such purposes if such emission reductions meet the requirements of subsection A of this section.

D. The board will allow an owner to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source that tests rocket engines or motors under the following conditions:

1. Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that is permitted to test such engines on November 15, 1990.

2. The source demonstrates to the satisfaction of the board that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source.

3. The source has obtained a written finding from the U.S. Department of Defense, U.S. Department of Transportation, National Aeronautics and Space Administration, or other appropriate federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to the national security.

4. The owner will comply with an alternative measure, imposed by the board, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the board may impose an emissions fee to be paid to the board which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that nonattainment area during the previous three years. The board will utilize the fees in a manner that maximizes the emissions reductions in that nonattainment area.

E. For sources subject to the provisions of this article, the baseline for determining credit for emissions reduction is the emissions limit under the applicable implementation plan in effect at the time the application to construct is filed, except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained where:

1. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area; or

2. The applicable implementation plan does not contain an emissions limitation for that source or source category.

F. Where the emissions limit under the applicable implementation plan allows greater emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below this potential.

G. For an existing fuel combustion source, credit shall be based on the allowable emissions under the applicable implementation plan for the type of fuel being burned at the time the application to construct is filed. If the owner of the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The board will ensure that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches.

H. Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be generally credited if such reductions are permanent, quantifiable, and federally and state enforceable. In addition, the shutdown or curtailment is creditable only if it occurred on or after January 1, 1991.

I. No emissions credit may be allowed for replacing one volatile organic compound with another of lesser reactivity.

J. Where this article does not adequately address a particular issue, the provisions of Appendix S to 40 CFR Part 51 shall be followed to the extent that they do not conflict with this section. The provisions of Appendix S to 40 CFR Parts 51 apply only to the extent that they are incorporated by reference in 9VAC5-20-21.

K. Credit for an emissions reduction can be claimed to the extent that the board has not relied on it in issuing any permit under this chapter or has not relied on it in demonstrating attainment or reasonable further progress.

L. The total tonnage of increased emissions, in tons per year, resulting from a major modification that shall be offset in accordance with § 173 of the federal Clean Air Act shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.

M. In meeting the emissions offset requirements of this section, the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant as specified in this subsection.

1. The offset requirements in this section for direct PM_2.5 emissions or emissions of precursors of PM_2.5 may be satisfied by offsetting reductions in direct PM_2.5 emissions or emissions of any PM_2.5 precursor identified under subdivision c of the definition of "regulated NSR pollutant" if such offsets comply with the interprecursor trading hierarchy and ratio established in accordance with subsections N through P of this section for a particular nonattainment area. The board may allow the offset requirement of this section for direct PM_2.5 emissions or precursors of PM_2.5 to be satisfied by offsetting reductions in direct PM_2.5 emissions or emissions of any PM_2.5 precursor using a ratio approved by the board for the nonattainment area after public review and comment as provided in subsections N and O of this section.

2. The offset requirements of this section for emissions of the ozone precursors NO_X and VOC may be satisfied, where appropriate, by offsetting reductions in actual emissions of either of those precursors if the requirements for such offsets under subdivision 3 of this subsection and all other requirements for such offsets are also satisfied.

3. For any case-specific permit ratio for ozone proposed by a permit applicant to be used for a particular permit, the following information shall be submitted to the board to support approval of the ratio:

a. The description of the air quality model used to propose a case-specific ratio;

b. The proposed ratio for the precursor substitution and accompanying calculations; and

c. A modeling demonstration showing that such ratios as applied to the proposed project and credit source will provide an equivalent or greater air quality benefit with respect to ground level concentrations in the ozone nonattainment area than an offset of the emitted precursor would achieve.

N. The board may allow the offset requirement in subsection M of this section for direct PM_2.5 emissions or precursors of PM_2.5 to be satisfied by offsetting reductions in direct PM_2.5 emissions or emissions of any PM_2.5 precursor using a ratio approved by the board for the nonattainment area after public review and comment as provided in subsections O and P of this section. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the board shall submit the interpollutant trading ratios and supporting information to the EPA Regional Office for approval.

O. N. Prior to the decision of the board, the offsetting ratio will be subject to a public comment period of at least 30 days. The board will notify the public, by notice on the department web page "Public Notices for Air Regulations," of the opportunity for public comment on the offsetting ratio and supporting information as available for public inspection under the provisions of subsection P O of this section. The notification shall be published at least 30 days prior to the close of the public comment period.

P. O. Information on the offsetting ratio and supporting information, as well as the preliminary determination of the board, shall be available for public inspection during the entire public comment period on the department web page "Public Notices for Air Regulations."

Title of Regulation: 9VAC25-390. Water Resources Policy (amending 9VAC25-390-20).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.36 of the Code of Virginia.

Effective Date: March 4, 2020.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Small Business Impact Review Report of Findings: This final regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Summary:

The amendments correct a cross reference to the Code of Virginia and the name of the Ground Water Management Act.

9VAC25-390-20. Responsibilities.

The board has established its Water Resources Policy in order to fulfill its statutory responsibilities under § 62.1-44.36 of the Code of Virginia, as follows:

1. Assure, insofar as possible, that domestic, municipal, industrial, agricultural, and other water quality and quantity needs are met at all times consistent with the responsibility of the Commonwealth to protect the natural values of Virginia's water resources, and to assure equitable allocation in times of shortage consistent with the requirements of Virginia law;

2. Protect wetlands in recognition of the dependence of these natural systems upon suitable water quality and in recognition of the contribution of these natural systems to natural values;

3. Recognize the importance of water transportation to the economy and recreation, and to assure the optimum use of the waterways of Virginia;

4. Recognize and foster the unique and diverse role of water in recreation;

5. To the maximum extent practicable, minimize hazards from floods to human life and to economic and natural values;

6. Assure that ground water groundwater withdrawals do not, on the average, exceed recharge, and protect any existing common law or statutory rights to use of ground waters groundwaters;

7. Provide policy guidance on the allocation of ground water groundwater in considering the issuance of groundwater permits within groundwater management areas under § 62.1-644.100 § 62.1-254 of the Code of Virginia (The Groundwater (Ground Water Management Act of 1973) 1992);

8. Exercise the responsibility of the Commonwealth within the framework of the existing common law riparian rights of land owners;

9. Evaluate the effect of projects and structures on:

a. Flexibility in future water resource use and project operation;

b. Cost effectiveness within the realistic alternatives available and within the constraints of public health and public safety;

c. Man-made historic and the natural environments;

d. The recommendations of other agencies with an interest in the projects and structures; and

e. Local, regional, and statewide land use plans and growth policies;

10. Minimize the bureaucratic process in order to facilitate cost effective implementation of water resources policy;

11. Assure that the management demands of a water resource project do not exceed the capability of that unit of government responsible for its operation and maintenance;

12. Take advantage of all federal water resource programs to the extent that these programs can provide timely assistance;

13. Promote technological innovations and be responsive to the institution of such advancements;

14. Encourage maximum public participation in the formulation and implementation of specific plans and projects; and

15. Recognize the importance of the preservation of critical reservoir sites for future water needs.

Title of Regulation: 9VAC25-401. Sewage Treatment in the Dulles Area Watershed (amending 9VAC25-401-30, 9VAC25-401-40).

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Effective Date: March 4, 2020.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Small Business Impact Review Report of Findings: This final regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Summary:

The amendments correct a cross reference to another Virginia Administrative Code section and a typographical error in the regulation.

9VAC25-401-30. Sewage treatment plant restrictions and requirements.

A. The number of sewage treatment plants discharging effluent to surface waters identified in 9VAC25-401-20 shall be no more than two, one to be under the authority of the Town of Leesburg and one under the authority of Loudoun County. The discharge from the treatment plants shall be in the Broad Run and Goose Creek Watersheds a minimum of 10 stream miles upstream from the Fairfax County Water Authority water supply intake on the Potomac River.

B. The following maximum effluent limitations shall apply for the sewage treatment plants prescribed in subsection A of this section:

The above parameters and all other pollutants shall also be monitored and limited as necessary in accordance with the VPDES Permit Regulation.

The owners of the sewage treatment plants are responsible for knowing nitrate concentrations in the vicinity of Fairfax County Water Authority's intake on the Potomac River. Should nitrate concentrations at the intake reach 5 mg/l, the owners shall evaluate measures they can take to minimize impacts their discharge has on the nitrate concentrations and implement those measures deemed feasible and effective.

C. Requirements for sewage treatment plants in subsection A of this section.

1. The design shall be such that expansions and maintenance of any unit can be accomplished without bypassing wastes to the receiving waters and without degrading treatment.

2. The mechanical and fluid system design shall be such that a single failure of a component or unit shall not interrupt plant operations that are required to meet the final effluent requirements in subsection B of this section.

3. There shall be one independent source of outside power supply and one on-site power supply. Both the off-site and on-site electrical distributions shall be such that the failure of any one given component (mechanical or electrical) in the distribution system shall not cause an interruption of electrical service to parts of the plant that are essential to meet the effluent requirements.

4. The treatment plants shall be staffed 24 hours a day, seven days a week.

D. Design requirements for pumping stations for sewage treatment plants in subsection A of this section. Pumping stations on all sewage collection systems that are connected to the plants identified in subsection A of this section shall meet the Reliability Classification 1 requirements as described in the Virginia Sewage Collection and Treatment Regulations (9VAC25-790), and shall have retention basins with a minimum of one-day capacity. A waiver from the retention basin requirement may be obtained from the Department of Environmental Quality if the owner of the pump station can demonstrate that a sewer system tributary to the pump station meets the infiltration/inflow infiltration or inflow criteria established by the Virginia Sewage Collection and Treatment Regulations, and any other such information that the department may require.

9VAC25-401-40. Exceptions.

The following exceptions to 9VAC25-401-30 A may be allowed on a case-by-case basis after review and approval by the Department of Environmental Quality:

1. Existing sewage treatment plants. Existing sewage treatment plants located in the affected waters and not authorized by 9VAC25-400-30 9VAC25-401-30 A may continue to discharge to surface waters provided they were constructed prior to January 1975. Such discharges may continue only as long as the Department of Environmental Quality determines that it is not feasible for them to connect to a publicly owned sewage treatment plant. Expansions of these treatment works may be allowed as long as pollutant quantities or loadings are not increased.

2. Failing septic systems. Existing residential homes, industrial and commercial operations, public facilities, and any other operation where a septic drain field system has failed may discharge treated sewage effluent provided that the applicant demonstrates that it is not feasible to connect to a publicly owned sewage treatment plant and that there is no feasible alternative except to discharge. Discharge permits shall be issued in conformance with the State Water Control Law, the Virginia VPDES Permit Regulation (9VAC25-31), and the Water Quality Standards (9VAC25-260).

Title of Regulation: 13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-20, 13VAC5-31-30, 13VAC5-31-40, 13VAC5-31-75; adding 13VAC5-31-300).

Statutory Authority: § 36-98.3 of the Code of Virginia.

Public Hearing Information:

March 16, 2020 - 10 a.m. - Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, Virginia 23060.

Public Comment Deadline: April 6, 2020.

Agency Contact: Kyle Flanders, Senior 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.

Small Business Impact Review Report of Findings: This proposed regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Background: The Virginia Amusement Device Regulations (VADR) govern the construction and operation of amusement devices, which by statutory definition are devices or structures open to the public by which persons are conveyed or moved in an unusual manner for diversion or are passenger tramways. The regulations are closely related to the Uniform Statewide Building Code (USBC), and under state law the USBC applies to amusement devices to the extent that the VADR does not set out differing requirements. Both regulations incorporate nationally recognized model building codes and standards as the basis for the technical provisions of the regulation. Every three years, new editions of the model codes become available. At that time, the Board of Housing and Community Development initiates a regulatory action to incorporate the newest editions of the model codes into the regulation as well as accepting proposals for changes to the regulation from affected client groups and the public.

Summary:

The proposed amendments include the following:

In 13VAC5-31-20, two definitions are added to allow for the regulation of trampoline parks via the VADR;

In 13VAC5-31-75, requirements are clarified that the submission of location, operator, event duration, device details, and proof of insurance must happen three days in advance of operation;

In 13VAC5-31-300, a new section regarding trampoline courts is added that specifies that trampoline courts shall be regulated in accordance with ASTM F2970; and

Documents incorporated by reference are updated to include new standard numbers and addresses for the authoring entities.

13VAC5-31-20. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Amusement device" means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion, but excluding snow tubing parks and rides, ski terrain parks, ski slopes, and ski trails, and (ii) passenger tramways. For the purpose of this definition, the phrase "open to the public" means that the public has full access to a device or structure at an event, irrespective of whether a fee is charged. The use of devices or structures at private events is not considered to be open to the public.

"Bungee cord" means the elastic rope to which the jumper is attached which lengthens and shortens to produce a bouncing action.

"Carabineer" means a shaped metal device with a gate used to connect sections of a bungee cord, jump rigging, equipment, or safety gear.

"Certificate of inspection" means the certificate or sticker for amusement devices distributed by DHCD.

"DHCD" means the Virginia Department of Housing and Community Development.

"Gravity ride" means a ride that is installed on an inclined surface, which depends on gravity for its operation to convey a passenger from the top of the incline to the bottom, and which conveys a passenger in or on a carrier tube, bag, bathing suit, or clothes.

"Ground operator" means a person who assists the jump master to prepare a jumper for jumping.

"Harness" means an assembly to be worn by a bungee jumper to be attached to a bungee cord. It is designed to prevent the wearer from becoming detached from the bungee system.

"Institutional trampoline" means a trampoline intended for use in a commercial or institutional facility.

"Jump master" means a person who has responsibility for the bungee jumper and who takes the jumper through the final stages to the actual jump.

"Jump zone" means the space bounded by the maximum designed movements of the bungee jumper.

"Jumper" means the person who departs from a height attached to a bungee system.

"Landing area" means the surface area of ground or water directly under the jump zone, the area where the lowering device moves the bungee jumper to be landed away from the jump space and the area covered by the movement of the lowering device.

"Local building department" means the agency or agencies of the governing body of any city, county or town in this Commonwealth charged with the enforcement of the USBC.

"Operating manual" means the document that contains the procedures and forms for the operation of bungee jumping equipment and activity at a site.

"Passenger tramway" means a device used to transport passengers uphill, and suspended in the air by the use of steel cables, chains or belts, or ropes, and usually supported by trestles or towers with one or more spans.

"Platform" means the equipment attached to the structure from which the bungee jumper departs.

"Private inspector" means a person performing inspections who is independent of the company, individual or organization owning, operating or having any vested interest in an amusement device being inspected.

"Small mechanical ride" means an amusement device, other than an inflatable amusement device, where (i) the assembly time for the device is two hours or less, (ii) the revolutions per minute of any rotation of the components of the device is not greater than seven, (iii) the device has a footprint of less than 500 square feet, and (iv) the device does not invert a patron or lift a patron more than three feet in the air, measured from the ground to the bottom of the patron's feet when the device is operating.

"Trampoline court" means a defined area comprising one or more institutional trampolines or a series of institutional trampolines.

"Ultimate tensile strength" means the greatest amount of load applied to a bungee cord prior to failure.

"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-63).

B. Words and terms used in this chapter which are defined in the USBC shall have the meaning ascribed to them in that regulation unless the context clearly indicates otherwise.

C. Words and terms used in this chapter which are defined in the standards incorporated by reference in this chapter shall have the meaning ascribed to them in those standards unless the context clearly indicates otherwise.

13VAC5-31-30. Devices covered and exempt.

A. The following devices, identified by name or description, when open to the public shall be considered amusement devices subject to this chapter. The list is intended only to clarify questionable devices, while the definition of an "amusement device" in 13VAC5-31-20 is generally used to determine the applicability of this chapter.

1. Inflatable amusement devices; and

2. Zip lines; and

3. Trampoline courts.

B. The following equipment or devices shall not be considered amusement devices subject to this chapter:

1. Nonmechanized playground or recreational equipment such as swing sets, sliding boards, climbing bars, jungle gyms, skateboard ramps and similar equipment where no admission fee is charged for its use or for admittance to areas where the equipment is located;

2. Coin-operated rides designed to accommodate three or less passengers;

3. Water slides or similar equipment used in community association, community club or community organization swimming pools;

4. Mechanical bulls or similar devices;

5. Devices known as mall trains, shopping mall trains, or electric trackless trains for malls; and

6. Devices known as water walking balls, euro bubbles, or similar devices.

13VAC5-31-40. Incorporated standards.

A. The following standards are hereby incorporated by reference for use as part of this chapter:

1. American National Standards Institute (ANSI) Standard No. B77.1‑2011 B77.1‑2017 for the regulation of passenger tramways; and

2. American Society for Testing and Materials (ASTM) Standard Nos. F747‑15, F770‑15 F770‑18, F1159‑15b F1159‑16, F1193‑16 F1193‑18, F1957‑99 (2011) (2017), F2007‑12 F2007‑18, F2137‑16 F2137‑18, F2291‑15 F2291‑18, F2374‑10 F2374‑17, F2375‑09 (2017), F2376‑13 F2376‑17a, F2460‑11, F2461‑18, F2959‑16 F2959‑18, F2970‑17, and F2974‑15 F2974‑19 for the regulation of amusement devices.

The standards referenced above may be procured from:

B. The provisions of this chapter govern where they are in conflict with any provisions of the standards incorporated by reference in this chapter.

C. The following requirements supplement the provisions of the ASTM standards incorporated by reference in this chapter:

1. The operator of an amusement device shall be at least 16 years of age, except when the person is under the supervision of a parent or guardian and engaged in activities determined not to be hazardous by the Commissioner of the Virginia Department of Labor and Industry;

2. The amusement device shall be attended by an operator at all times during operation except that (i) one operator is permitted to operate two or more amusement devices provided they are within the sight of the operator and operated by a common control panel or station and (ii) one operator is permitted to operate two small mechanical rides with separate controls provided the distance between controls is no more than 35 feet and the controls are equipped with a positive pressure switch; and

3. The operator of an amusement device shall not be (i) under the influence of any drugs which may affect the operator's judgment or ability to assure the safety of the public or (ii) under the influence of alcohol.

D. Where an amusement device was manufactured under previous editions of the standards incorporated by reference in this chapter, the previous editions shall apply to the extent that they are different from the current standards.

 Part II
Enforcement, Permits and Certificates of Inspection

13VAC5-31-75. Local building department.

A. In accordance with §§ 36-98.3 and 36-105 of the Code of Virginia, the local building department shall be responsible for the enforcement of this chapter and may charge fees for such enforcement activity. The total amount charged for any one permit to operate an amusement device or devices or the renewal of such permit shall not exceed the following, except that when a private inspector is used by the owner or operator of the device, the fees shall be reduced by 75%:

1. $35 for each small mechanical ride or inflatable amusement device covered by the permit;

2. $55 for each circular ride, institutional trampoline, or flat-ride less than 20 feet in height covered by the permit;

3. $75 for each spectacular ride covered by the permit that cannot be inspected as a circular ride or flat-ride in subdivision 2 of this subsection due to complexity or height;

4. $200 for each coaster covered by the permit that exceeds 30 feet in height; and

5. The local building department may charge an additional fee for permits and inspections of generators and associated wiring for amusement device events. Generators subject to these fees are those used exclusively with amusement devices and that are inspected by the local building department. The fee per event shall not exceed $165 and shall not exceed the actual cost to perform the inspection or inspections.

Exception: Small portable generators serving only cord and plug connected equipment loads are not subject to the fee.

Notwithstanding the fee limitations established in this section, the local building department shall be permitted to increase the fees up to 50% when requested to perform weekend or after-hour inspections.

B. Notwithstanding the provisions of subsection A of this section, when an amusement device is constructed in whole or in part at a site for permanent operation at that site and is not intended to be disassembled and moved to another site, then the local building department may utilize permit and inspection fees established pursuant to the USBC to defray the cost of enforcement. This authorization does not apply to an amusement device that is only being reassembled, undergoing a major modification at a site or being moved to a site for operation.

C. A permit application shall be made to the local building department at least five days before the date in which the applicant intends to operate an amusement device. The application shall include the name of the owner, operator or other person assuming responsibility for the device, a general description of the device including any serial or identification numbers available, the location of the property on which the device will be operated, and the length of time of operation. The permit application shall indicate whether a private inspector will be used. If a private inspector is not used, the applicant shall give reasonable notice when an inspection is sought and may stipulate the day such inspection is requested provided it is during the normal operating hours of the local building department. In addition to the information required on the permit application, the applicant shall provide proof of liability insurance of an amount not less than $1 million per occurrence or proof of equivalent financial responsibility. The local building department shall be notified of any change in the liability insurance or financial responsibility during the period covered by the permit.

D. Notwithstanding the provisions of subsection C of this section, a permit application is not required for a small mechanical ride or an inflatable amusement device that has a certificate of inspection issued by any local building department in this Commonwealth either for (i) a six-month period for a small mechanical rides ride or (ii) within a one-year period for an inflatable amusement devices device prior to the dates the small mechanical ride or inflatable amusement device is to be used, regardless of whether the device has been disassembled and moved to a new site. In such cases, the local building department shall be notified at least three days prior to the operation of the small mechanical ride or the inflatable amusement device and the and provided with the information required on a permit application as listed in subsection C of this section shall be provided to the local building department at least three days prior to operation. In addition, and notwithstanding the provisions of subsection A of this section, the local building department shall be permitted to charge a $50 inspection fee per event to the person notifying the local building department of an event where an inflatable amusement device is operating if the local building department chooses to inspect any or all of the inflatable amusement devices operating at that event. An inspection report shall be provided to the person notifying the local building department of the event if such an inspection is conducted.

E. Local building department personnel shall examine the permit application within five days and issue the permit if all requirements are met. A certificate of inspection for each amusement device shall be issued when the device has been found to comply with this chapter by a private inspector or by an inspector from the local building department. It shall be the responsibility of the local building department to verify that the private inspector possesses a valid certificate of competence as an amusement device inspector from the Virginia Board of Housing and Community Development. In addition, local building department personnel shall be responsible for assuring that the certificate of inspection is posted or affixed on or in the vicinity of the device in a location visible to the public. Local building department personnel shall post or affix such certificates or permit the certificates to be posted or affixed by the private inspector. Permits shall indicate the length of time the device or devices will be operated at the site, clearly identify the device or devices to which it applies and the date of expiration of the permit. Permits shall not be valid for longer than one year, except that permits for small mechanical rides shall not be valid for longer than six months.

F. In addition to obtaining a certificate of inspection in conjunction with a permit application for amusement devices permanently fixed to a site, a new certificate of inspection shall also be obtained prior to the operation of an amusement device following a major modification, prior to each seasonal operation of a device, at least once during the operating season and prior to resuming the operation of a device following an order from a local building department to cease operation. This requirement shall not apply to small mechanical rides meeting the conditions outlined in subsection D of this section.

G. For amusement devices manufactured prior to 1978, the owner or operator shall have the information required by 10.1 through 10.6 of ASTM F1193 available at the time of inspection. In addition, the operator of any amusement device shall be responsible for obtaining all manufacturer's notifications, service bulletins and safety alerts issued pursuant to ASTM F770 and the operator shall comply with all recommendations and requirements set out in those documents. A copy of all such documents shall be made available during an inspection.

H. In the enforcement of this chapter, local building department personnel shall have authority to conduct inspections at any time an amusement device would normally be open for operation or at any other time if permission is granted by the owner or operator, to issue an order to temporarily cease operation of an amusement device upon the determination that the device may be unsafe or may otherwise endanger the public and to accept and approve or deny requests for modifications of the rules of this chapter in accordance with the modification provisions of the USBC.

I. In accordance with subdivision 7 of § 36-137 of the Code of Virginia, the local building department shall collect a 2.0% levy of fees charged for permits under this chapter and transmit it quarterly to DHCD to support training programs of the Virginia Building Code Academy. Localities that maintain individual or regional training academies accredited by DHCD shall retain such levy.

J. In accordance with § 36-98.3 of the Code of Virginia and 13VAC5-31-10 B, the procedures for violations of this chapter shall be as prescribed in the USBC.

K. In accordance with § 36-98.1 of the Code of Virginia, the Virginia Department of General Services (DGS) shall function as the local building department for the application of this chapter to amusement devices located on state-owned property. In accordance with §§ 36-98.2 and 36-114 of the Code of Virginia, appeals of the application of this chapter by the DGS shall be made directly to the State Building Code Technical Review Board. Further, as a condition of this chapter, such appeals shall be filed within 14 calendar days after receipt of the decision of DGS.

Part XI
Trampoline Courts

13VAC5-31-300. Trampoline courts.

In addition to other applicable requirements of this chapter, trampoline courts shall be operated, maintained, and inspected in accordance with ASTM F2970.

DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-31)

ANSI B77.1‑2011 B77.1‑2017, Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements Standard, American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036 (http://www.ansi.org/)

American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428‑2959; (http://www.astm.org/):

ASTM F747‑15, Standard Terminology Relating to Amusement Rides and Devices

ASTM F770‑15 F770‑18, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices

ASTM F1159‑15b F1159‑16, Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards

ASTM F1193‑16 F1193‑18, Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices

ASTM F1957‑99 (2011) (2017), Standard Test Method for Composite Foam Hardness-Durometer Hardness

ASTM F2007‑12 F2007‑18, Standard Practice for Classification, Design, Manufacture, and Operation of Concession Go-Karts and Facilities

ASTM F2137‑16 F2137‑18, Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

ASTM F2291‑15 F2291‑18, Standard Practice for Design of Amusement Rides and Devices

ASTM F2374‑10 F2374‑17, Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

ASTM F2375‑09 (2017), Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, Play Areas and Attractions

ASTM F2376‑13 F2376‑17a, Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems

ASTM F2460‑11, Standard Practice for Special Requirements for Bumper Boats

ASTM F2461‑18, Standard Practice for Manufacture, Construction, Operation and Maintenance of Aquatic Play Equipment

ASTM F2959‑16 F2959‑18, Standard Practice for Aerial Adventure Courses

ASTM F2974‑15 F2974‑19, Standard Guide for Auditing Amusement Rides and Devices

ASTM F2970‑17, Standard Practice for Design, Manufacture, Installation, Operation, Maintenance, Inspection and Major Modification of Trampoline Courts

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-21, 13VAC5-51-31, 13VAC5-51-61, 13VAC5-51-91, 13VAC5-51-130 through 13VAC5-51-135.5, 13VAC5-51-138.4 through 13VAC5-51-141, 13VAC5-51-142 through 13VAC5-51-144.6, 13VAC5-51-144.8 through 13VAC5-51-155; adding 13VAC5-51-138.1).

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

Public Hearing Information:

March 16, 2020 - 10 a.m. - Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, Virginia 23060

Public Comment Deadline: April 6, 2020.

Agency Contact: Kyle Flanders, Senior 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.

Small Business Impact Review Report of Findings: This proposed regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

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.

Summary:

The proposed amendments are as follows:

13VAC5-51: Throughout the chapter, update references from "applicable building code" to the specific chapter of the International Fire Code, National Fire Protection Association (NFPA) standard, or other standard.

13VAC5-51-130: Update the definition of the term "corrosive" to include specific pH values and add definitions for the terms "permissible fireworks" and "emergency supplemental hardware."

13VAC5-51-131: Add a restriction on combustible storage under bridges and along roadways.

13VAC5-51-132: Add provisions and parameters to allow the use of emergency supplemental hardware.

13VAC5-51-135.5: Remove language subjecting security devices to approval by the fire official and instead require a permit under the Uniform Statewide Building Code.

13VAC5-51-138.4: Update the section for foam protection for rooftop heliports.

13VAC5-51-138.8: Several updates reference the specific chapter and NFPA standard instead of using the blanket terminology "applicable building code" and add a section for Type II systems in dry cleaning operations and firefighting access for such operations.

13VAC5-51-140: Add provisions for disconnect switches and fuel shot off parameters, including (i) adding provisions for special containers and enclosures; (ii) adding a section for repair garages for lighter than air fuels (CNG, LNG, hydrogen); (iii) adding provisions and updating the sections for spray booths, spray applications, and the ventilation requirements for such; and (iv) updating dip-tank operations sections and the volumetric limitations and provisions pertaining to each level of liquid capacity.

13VAC5-51-141: Update the requirements for ethylene generator rooms and the air circulation requirements.

13VAC5-51-142.5: Update the requirements for dust control, explosion venting, and the storage and removal of waste from lumber yards and other woodworking facilities.

13VAC5-51-143.5: Add restrictions for nitrocellulose in mills.

13VAC5-51-144: Restore a section regarding manual fuel shutoff valves.

13VAC5-51-144.2: Add "temporary special event structures" to the scope section, add size and square footage restrictions for tents and other membrane structures, and add a list of documents required to be submitted with an operational permit for membrane structures.

13VAC5-51-144.4: Add requirements for a "high-piled storage operational plan."

13VAC5-51-144.6: Restore a section requiring buffing operations be located in a separate part of the building in which tire rebuilding occurs.

13VAC5-51-145: Add a new term "permissible fireworks" to Table 5003.1.1(1) and change the quantities allowable for such.

13VAC5-51-146.5: Add sections for compressed gas storage and protections against dangers related.

Other proposed changes are for clarification or correlation.

13VAC5-51-21. Section 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. The SFPC shall supersede any fire prevention regulations previously adopted by a local government or other political subdivision.

B. 102.1.1 Change of occupancy. No change of occupancy shall be made in any building or structure unless such building or structure is made to comply with the requirements of the USBC as determined by the building official.

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 II, Construction Existing Buildings, Section 103.7 1101, comply with the provisions located therein.

13VAC5-51-31. Section 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 -- 2015 2018 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 1: 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.

Note 2: Section numbers preceded by "(N)" indicate sections of the IFC that have been changed to remove construction-related provisions that are outside of the scope of the SFPC.

F. 103.3 International Fire Code. Retroactive fire protection system requirements contained in the IFC shall not be enforced unless specified by the USBC.

13VAC5-51-61. Section 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 State Review Board 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 Seventeen available from The Library of Virginia.

13VAC5-51-91. Section 109 Inspection.

A. 109.1 Inspection. The fire official may inspect all structures and premises for the purposes of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with firefighting operations, endanger life, or any violations of the provisions or intent of the SFPC.

Exception: Single family dwellings and dwelling units in two family and multiple family dwellings and farm structures shall be exempt from routine inspections. This exemption shall not preclude the fire official from conducting routine inspections in Group R-3 or Group R-5 occupancies operating as a commercial bed and breakfast as outlined in Section 310.3 310.2 of the USBC or inspecting under § 27-98.2 of the Code of Virginia for hazardous conditions relating to explosives, flammable and combustible conditions, and hazardous materials.

B. 109.1.1 Right to entry. The fire official may enter any structure or premises at any reasonable time to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the fire official may pursue recourse as provided by law.

Note: Specific authorization and procedures for inspections and issuing warrants are set out in §§ 27-98.1 through 27-98.5 of the Code of Virginia and shall be taken into consideration.

C. 109.1.2 Credentials. The fire official and technical assistants shall carry proper credentials of office when inspecting in the performance of their duties under the SFPC.

D. 109.2 Coordinated inspections. The fire official shall coordinate inspections and administrative orders with any other state and local agencies having related inspection authority, and shall coordinate those inspections required by the USBC for new construction when involving provisions of the amended IFC, so that the owners and occupants will not be subjected to numerous inspections or conflicting orders.

Note: The USBC requires the building official to coordinate such inspections with the fire official.

E. 109.3 Other inspections. In accordance with § 9.1-207 of the Code of Virginia, the State Fire Marshal, upon presenting proper credentials, shall make annual inspections for hazards incident to fire in all (i) residential care facilities operated by any state agency, (ii) assisted living facilities licensed or subject to licensure pursuant to Chapter 18 (§ 63.2-1800 et seq.) of Title 63.2 of the Code of Virginia which are not inspected by a local fire marshal, (iii) student-residence facilities owned or operated by the public institutions of higher education in the Commonwealth, and (iv) public schools in the Commonwealth which are not inspected by a local fire marshal. In the event that any such facility or residence is found to be nonconforming to the SFPC, the State Fire Marshal or local fire marshal may petition any court of competent jurisdiction for the issuance of an injunction.

13VAC5-51-130. IFC Section 202 Definitions.

A. Add the following definitions to read:

Applicable building code.The local or statewide building code and referenced standards in effect at the time the building or portion thereof was constructed, altered, renovated, or underwent a change of occupancy. See Section 103 for the application of the code.

Background clearance card or BCC. An identification card issued to an individual who is not a certified blaster or pyrotechnician and is responsible management or an employee of a company, corporation, firm, or other entity, solely for the purpose of submitting an application to the fire official for a permit to manufacture, use, handle, store, or sell explosive materials; or conduct a fireworks display. A person to whom a BCC has been issued can fulfill the role of a designated individual on an application for a permit to manufacture, use, handle, store, or sell explosive materials; or on an application for a permit to design, setup, and conduct a fireworks display.

Blaster, restricted. Any person engaging in the use of explosives or blasting agents utilizing five pounds (2.25 kg) or less per blasting operation and using instantaneous detonators. A certified restricted blaster can fulfill the role of a designated individual on an application for permit to manufacture, use, handle, store, or sell explosive materials.

Blaster, unrestricted. Any person engaging in the use of explosives or blasting agents without the limit to the amount of explosives or blasting agents or type of detonator. A certified unrestricted blaster can fulfill the role of a designated individual on an application for permit to manufacture, use, handle, store, or sell explosive materials.

Chemical fume hood. A ventilated enclosure designed to contain and exhaust fumes, gases, vapors, mists, and particulate matter generated within the hood.

Corrosive. A chemical that causes visible destruction of or irreversible alterations in living tissue by chemical action at the point of contact. A chemical shall be considered corrosive if when tested on the intact skin of albino rabbits by the method described in DOTn 49 CFR 173.137, such chemical destroys or changes irreversibly the structure of the tissue at the point of contact following an exposure period of four hours. This term does not refer to action on inanimate surfaces. A substance shall be considered corrosive if it has a pH less than or equal to 2.0 or a pH greater than or equal to 12.5 on a pH scale of 0-14.

Design. For the purposes of a fireworks display, either inside a building or structure or outdoors, it shall mean the pyrotechnician who will be in attendance and makes the final artistic determination for the placement of fireworks and ground display pieces suitable for the display site.

Designated individual. A person who is in possession of a BCC issued by the SFMO, certified by the SFMO as a pyrotechnician, or a restricted or unrestricted blaster, any of whom are responsible for ensuring compliance with state law and regulations relating to blasting agents and explosives and applying for explosives or firework permits; is at least 21 years of age; and demonstrates the capability to effectively communicate safety messages verbally and in writing in the English language.

DHCD. The Virginia Department of Housing and Community Development.

Emergency supplemental hardware. Any approved hardware used only for emergency events or drills to keep intruders from entering the room during an active shooter or hostile threat event or drill.

Explosive manufacturing. Mixing, blending, extruding, assembling articles, disassembling, chemical synthesis, and other functions involved in making a product or device that is intended to explode.

Laboratory suite. A fire-rated enclosed laboratory area that will provide one or more laboratory spaces, within a Group B educational occupancy, that are permitted to include ancillary uses such as offices, bathrooms, and corridors that are contiguous with the laboratory area and are constructed 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 subdivision and state agency in this Commonwealth charged with the enforcement of the SFPC under state law.

Maintained. To keep unimpaired in an appropriate condition, operation, and continuance as installed in accordance with the applicable building code, or as previously approved, and in accordance with the applicable operational and maintenance provisions of this code.

Mobile food preparation vehicles. Vehicles and enclosed trailers able to be occupied by persons during cooking operations that contain cooking equipment that utilize open flames or produce smoke or grease laden vapors for the purpose of preparing and serving food to the public. Vehicles used for private recreation shall not be considered mobile food preparation vehicles.

Night club. Any building or portion thereof in which the main use is a place of public assembly that provides exhibition, performance, or other forms or of entertainment; serves alcoholic beverages; and provides music and space for dancing.

Permissible fireworks. Any sparklers, fountains, Pharaoh's serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies that do not emit sparks or other burning effects to a distance greater than five meters (16.4 feet); wheels that do not emit a flame radius greater than one meter (39 inches); crackling devices and flashers or strobes that do not emit sparks or other burning effects to a distance greater than two meters (78.74 inches); and sparkling devices or other fireworks devices that (i) do not explode or produce a report, (ii) do not travel horizontally or vertically under their own power, (iii) do not emit or function as a projectile, (iv) do not produce a continuous flame longer than 20 inches, (v) are not capable of being reloaded, and (vi) if designed to be ignited by a fuse, have a fuse that is protected to resist side ignition and a burning time of not less than four seconds and not more than eight seconds.

Pyrotechnician (firework operator). Any person supervising or engaged in the design, setup, or conducting of any fireworks display, either inside a building or outdoors. A certified pyrotechnician can fulfill the role of a designated individual on an application for a permit for a fireworks display.

Pyrotechnician, aerial. A person supervising or engaged in the design, setup, or conducting of an outdoor aerial fireworks display performed in accordance with the regulations as set forth in this code and NFPA 1123, a referenced standard for fireworks displays.

Pyrotechnician, proximate. A person supervising or engaged in the design, setup, or conducting of a fireworks display, either inside a building or outdoors, performed in accordance with the regulations as set forth in this code and NFPA 1126, a referenced standard for the use of pyrotechnics before a proximate audience.

Reactive target. A target designator intended to be shot at with a firearm and is purchased or obtained through a commercial or retail outlet, is comprised of two or more components in presized quantities of 1 pound (0.453592 kg) or less that are advertised and sold together with instructions on how to combine the components or create a target that explodes upon impact. Also known as exploding targets.

Responsible management. A person who is any of the 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 the laws of the Commonwealth as having a fiduciary responsibility to the firm.

Restricted explosives manufacturing. When an individual is engaged in the incidental manufacture or production of explosive materials composed of commercially available components that are packaged or marketed for the purpose of producing explosive materials, including reactive targets, at a location not within the definition of unrestricted explosives manufacture; is for immediate use at the site of incidental explosives manufacturing or production without residual storage; and does not involve or include the bulk mixing and delivery vehicles that are within the scope of NFPA 495.

Sole proprietor. A person or individual, not a corporation, who is trading under his own name or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

Special expert. An individual who has demonstrated qualifications in a specific area, outside the practice of architecture or engineering, through education, training, and experience.

State Fire Marshal. The State Fire Marshal as provided for by § 9.1-206 of the Code of Virginia.

State Regulated Care Facility (SRCF). A building with an occupancy in Group R-2, R-3, R-4, or R-5 occupied by persons in the care of others where program oversight is provided by the Virginia Department of Social Services, the Virginia Department of Behavioral Health and Developmental Services, the Virginia Department of Education, or the Virginia Department of Juvenile Justice.

State Review Board. The Virginia State Building Code Technical Review Board as established under § 36-108 of the Code of Virginia.

Teaching and research laboratory. A building or portion of a building where hazardous materials are stored, used, and handled for the purpose of testing, analysis, teaching, research, or developmental activities on a nonproduction basis rather than in a manufacturing process.

Technical Assistant. Any person employed by or under an extended contract to a local enforcing agency for enforcing the SFPC. For the purposes of this definition, an extended contract shall be a contract with an aggregate term of 18 months or longer.

Unrestricted explosives manufacturing. When any company, person, or group of persons is engaged in the business of manufacturing or producing explosive materials at a fixed site or facility for the purpose of commercial sale, use, or distribution of explosives.

USBC. The Virginia Uniform Statewide Building Code (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 dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures. The terms "R-5" and "one and two-family dwelling" where used in this code shall be interchangeable.

C. B. Change the following definitions to read:

Approved. Acceptable to the authority having jurisdiction.

Automatic fire-extinguishing system. An approved system of devices and equipment that automatically detects a fire and discharges an approved fire-extinguishing agent onto or in the area of a fire. Such system shall include an automatic sprinkler system, unless otherwise expressly stated.

Change of occupancy. Either of the following shall be considered a change of occupancy where the current VCC requires a greater degree of accessibility, structural strength, fire protection, means of egress, ventilation, or sanitation than that which is existing in the current building or structure:

1. Any change in the occupancy classification of a building or structure.

2. Any change in the purpose of, or change in the level of activity within, a building or structure.

Note: The use and occupancy classification of a building or structure shall be determined in accordance with Chapter 3 of the VCC.

Fire code official. The officer or other designated 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 same meaning as the term "fire code official" and, in addition, such official shall have the powers outlined in § 27-98.1 of the Code of Virginia.

Fireworks. Any firecracker, torpedo, skyrocket, or other substance or object, of whatever form or construction, that contains any explosive or inflammable compound or substance and is intended, or commonly known, as fireworks and that explodes, rises into the air or travels laterally, or fires projectiles into the air. Fireworks shall not include automobile flares, paper caps containing not more than the average of 0.25 grain (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 to as:

Fireworks, 1.4G (formerly known as Class C, Common Fireworks). Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks that comply with the construction, chemical composition, and labeling regulations of the U.S. Department of Transportation DOTn for Fireworks, UN0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR Parts 1500 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 in fireworks displays and designed to produce audible or visible effects by combustion, deflagration, or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces that exceed the limits for classification as 1.4G fireworks. Such 1.3G fireworks are also described as Fireworks, UN0335 by the DOTn.

Laboratory suite. A fire-rated enclosed laboratory area that will provide one or more laboratory spaces within a Group B educational occupancy that are permitted to include ancillary uses such as offices, bathrooms, and corridors that are contiguous with the laboratory area and are constructed in accordance with Section 430.3 of the USBC, Part I, Construction (13VAC5-63-220 L).

Mobile food preparation vehicles. Vehicles and enclosed trailers able to be occupied by persons during cooking operations that contain cooking equipment that utilize open flames or produce smoke or grease laden vapors for the purpose of preparing and serving food to the public. Vehicles used for private recreation shall not be considered mobile food preparation vehicles.

Occupancy classification. For the purposes of this code, occupancies are defined in accordance with the applicable building code.

Smokeless propellants. Solid propellants, commonly referred to as smokeless powders or any propellant classified by DOTn as a smokeless propellant in accordance with NA3178, Smokeless Powder for Small Arms, used in small arms ammunition, firearms, cannons, rockets, propellant-actuated devices, and similar articles.

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

A. The following changes shall be made to Section 301, General:

1. Change Section 301.2 to read:

301.2 Permits. Permits shall be required as set forth in Section 107.2 for the activities or uses regulated by Sections 306, 307, 308, and 315.

2. Add Section 301.3 to read:

301.3 Occupancy. The occupancy of a structure shall be continued as originally permitted under and in full compliance with the codes in force at the time of construction or alteration. The occupancy of a structure shall not change to another occupancy that will subject the structure to any special provisions of this code or the applicable building code without the approval of the building official. Where a certificate of occupancy is not available for a building, the owner or owner's agent may request that one be issued by the building official and retained on site for reference.

B. The following changes shall be made to Section 302, Definitions:

Change Section 302.1 to read:

302.1 Definitions. The following terms are defined in Chapter 2:

Bonfire.

Explosive manufacturing.

Hi-boy.

High-voltage transmission line.

Mobile food preparation vehicles.

Open burning.

Portable outdoor fireplace.

Powered industrial truck.

Reactive targets.

Recreational fire.

Restricted explosives manufacturing.

Sky lantern.

Unrestricted explosives manufacturing.

C. The following changes shall be made to Section 304, Combustible Waste Material:

1. Change Section 304.1.2 to read:

(N)304.1.2 304.1.2 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises.

2. Change Section 304.1.3 to read:

(N)304.1.3 304.1.3 Space underneath seats. Spaces underneath grandstand and bleacher seats shall be kept free from combustible and flammable materials unless approved by the applicable building code.

3. Change Section 304.3.2 to read:

304.3.2 Capacity exceeding 5.88 cubic feet. Containers with a capacity exceeding 5.88 cubic feet (44 gallons) (0.17 m³) shall be provided with lids. Containers and lids shall be constructed of noncombustible materials or approved combustible materials.

4. Change Section 304.3.3 to read:

304.3.3 Capacity exceeding 1.5 cubic yards. Dumpsters and containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet (1.15 m³)) or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines.

Exceptions:

1. Dumpsters or containers in areas protected by an approved automatic sprinkler system installed throughout in accordance with the applicable building code NFPA 13 standard.

2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings, and used exclusively for dumpster or container storage.

5. Change Section 304.3.4 to read:

304.3.4 Capacity of 1.0 cubic yard or more. Dumpsters with an individual capacity of 1.0 cubic yard 200 gallons (0.76 m³) or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines unless the dumpsters are constructed of noncombustible materials or of combustible materials with a peak rate of heat release not exceeding 300 kW/m² where tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m² in the horizontal orientation.

Exceptions:

1. Dumpsters in areas protected by an approved automatic sprinkler system installed throughout in accordance with the applicable building code NFPA 13 standard.

2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings, and used exclusively for dumpster or container storage.

D. The following change shall be made to Section 306, Motion Picture Projection Rooms and Film:

Change Section 306.1 to read:

306.1 Motion picture projection rooms. Electric arc, xenon, or other light source projection equipment that develops hazardous gases, dust, or radiation and the projection of ribbon-type cellulose nitrate film, regardless of the light source used in projection, shall be operated within a motion picture projection room complying with the applicable building code.

E. The following changes shall be made to Section 307, Open Burning, Recreational Fires and Portable Outdoor Fireplaces:

1. Add an exception to Section 307.1 to read:

Exception: Approved outdoor live fire training using equipment or appliances accessible or available to the general public, and that complies with Section 307.4.

2. Change Section 307.2 to read:

307.2 Permit required.A permit shall be obtained from the fire code official in accordance with Section 107.2 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.

F. The following changes shall be made to Section 308, Open Flames:

1. Change Section 308.2 to read:

308.2 Permits required. Permits shall be obtained from the fire code official in accordance with Section 107.2 prior to engaging in the following activities involving open flame, fire, and burning:

1. Use of a torch or flame-producing device to remove paint from a structure.

2. Use of open flame, fire, or burning in connection with Group A or E occupancies.

3. Use or operation of torches and other devices, machines, or processes liable to start or cause fire in or upon wildfire risk areas.

2. Change Section 308.3 to read:

308.3 Group A occupancies. Open-flame devices shall not be used in a Group A occupancy.

Exceptions:

1. Open-flame devices are allowed to be used in the following situations, provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants:

1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.1.7.

1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2.

1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected.

2. Heat-producing equipment complying with Chapter 6 and the applicable building code.

3. Gas lights are allowed to be used provided adequate precautions satisfactory to the fire code official are taken to prevent ignition of combustible materials.

G. The following changes shall be made to Section 311, Vacant Premises:

1. Change Section 311.1 to read:

311.1 General. Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with Sections 311.1.1 through 311.6.

2. 1. Change Section 311.1.1 to read:

311.1.1 Abandoned premises. Buildings, structures, and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned and unsafe until declared abated in accordance with the Virginia Maintenance Code or the applicable building code.

3. 2. Change Section 311.2.3 to read:

311.2.3 Fire separation. Fire-resistance-rated partitions, fire barriers, and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Protection of openings, joints, and penetrations in fire-resistance-rated assemblies shall be maintained in accordance with Chapter 7.

4. 3. Change Section 311.3 to read:

311.3 Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof shall remove therefrom all accumulations of combustible materials, flammable or combustible waste, or rubbish and shall securely lock or otherwise secure doors, windows, and other openings to prevent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials.

Exceptions:

1. Buildings or portions of buildings undergoing additions, alterations, repairs, or change of occupancy in accordance with the applicable building code where waste is controlled and removed as required by Section 304.

2. Seasonally occupied buildings.

5. 4. Add Section 311.5.6 to read:

311.5.6 Removal. Removal of placards posted in accordance with this section without the approval of the fire official shall be a violation of this code.

6. 5. Change Section 311.6 to read:

(N)311.6 311.6 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. Without doors or other access openings other than one door that shall be kept key locked in the closed position except during that time when opened for inspection.

3. Kept free from combustible waste and be broom swept clean.

H. The following changes shall be made to Section 313, Fueled Equipment:

Change Section 313.1 to read:

313.1 General. Fueled equipment including motorcycles, mopeds, lawn-care equipment, portable generators, and portable cooking equipment shall not be stored, operated, or repaired within a building.

Exceptions:

1. Buildings or rooms constructed for such use in accordance with the applicable building code.

2. Where allowed by Section 314.

3. Storage of equipment utilized for maintenance purposes is allowed in approved locations where the aggregate fuel capacity of the stored equipment does not exceed 10 gallons (38 L) and the building is protected throughout by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

I. The following changes shall be made to Section 314, Indoor Displays:

1. Change Section 314.1 to read:

314.1 General. Indoor displays constructed within any building or structure shall comply with Sections 314.2 through 314.5.

2. Add Section 314.5 to read:

314.5 Smokeless powder and small arms primers. Venders shall not store, display, or sell smokeless powder or small arms primers during trade shows inside exhibition halls except as follows:

1. The amount of smokeless powder displayed by each vender is limited to the amount established in Section 5606.5.1.1.

2. The amount of smokeless powder each vender may store is limited to the storage arrangements and storage amounts established in Section 5606.5.2.1. Smokeless powder shall remain in the manufacturer's original sealed container, and the container shall remain sealed while inside the building. The repackaging of smokeless powder shall not be performed inside the building. Damaged containers shall not be repackaged inside the building and shall be immediately removed from the building in such manner to avoid spilling any powder.

3. There shall be at least 50 feet separation between venders and 20 feet from any exit.

4. Small arms primers shall be displayed and stored in the manufacturer's original packaging and in accordance with the requirements of Section 5606.5.2.3.

J. The following changes shall be made to Section 315, General Storage:

1. Change Section 315.2 to read:

315.2 Permit required. A permit for miscellaneous combustible storage shall be required as set forth in Section 107.2.

2. Change Section Exception 2 of Section 315.3.1 and Section 315.3.4 to read:

2. The 18-inch (457 mm) ceiling clearance is not required for storage along walls in areas of buildings equipped with an automatic sprinkler system in accordance with the applicable NFPA 13 standard.

(N)315.3.4 315.3.4 Attic, under-floor, and concealed spaces. Attic, under-floor, and concealed spaces shall not be used for storage of combustible materials unless approved or not prohibited by the applicable building code.

3. Change Section 315.4 to read:

315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line or other 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 the fire official determines that no hazard to the adjoining property exists.

4. Change Section 315.4.1 to read:

315.4.1 Storage beneath overhead projections from buildings. To the extent required by the code the building was constructed under, when buildings are required to be protected by automatic sprinklers, the outdoor storage, display, and handling of combustible materials under eaves, canopies, or other projections or overhangs is prohibited except where automatic sprinklers are installed under such eaves, canopies, or other projections or overhangs.

5. Change Section 315.6 to read:

(N)315.6 315.6 Storage in plenums. Storage shall not be permitted in plenums unless approved for such use by the applicable building code. Abandoned material in plenums shall be deemed to be storage and shall be removed. Where located in plenums, the accessible portion of abandoned cables that are not identified for future use with a tag shall be deemed storage and shall be removed.

K. The following changes shall be made to Section 316, Hazards to Fire Fighters:

Change Section 316.6.1 Sections 316.6 through 316.6.2 to read:

316.6 Structures and outdoor storage underneath high-voltage transmission lines, bridges, and elevated roadways. Structures and outdoor storage underneath high-voltage transmission lines, bridges, and elevated roadways shall comply with Sections 316.6.1 and 316.6.2, respectively.

(N)316.6.1 316.6.1 Structures. Structures shall not be constructed within the utility easement beneath high-voltage transmission lines or underneath bridges or elevated roadways unless approved.

316.6.2 Outdoor storage. Outdoor storage within the utility easement underneath high-voltage transmission lines or underneath bridges or elevated roadways shall be limited to noncombustible materials. Storage of hazardous materials, including flammable and combustible liquids, is prohibited.

Exception: Combustible storage, including vehicles and fuel storage for backup power equipment serving public utility equipment or for the construction, repair, or maintenance operations of bridges or elevated roadways, is allowed provided that a plan indicating the storage configuration is submitted and approved.

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

1. Change Section 317.1 to read:

(N)317.1 317.1 General. Rooftop gardens and landscaped roofs shall be maintained in accordance with Sections 317.2 through 317.5.

2. Change Section 317.2 to read:

(N)317.2 317.2 Rooftop garden or landscaped roof size. Rooftop garden or landscaped roof areas shall not exceed the size approved in accordance with the applicable building code.

3. Change Section 317.3 to read:

(N)317.3 317.3 Rooftop structure and equipment clearance. Required structure and equipment clearances shall be maintained as provided by the applicable building code.

4. Change Section 317.4 to read:

317.4 Vegetation. Vegetation shall be maintained in accordance with Sections 317.4.1 and 317.4.2.

M. The following changes change shall be made to Section 318, Laundry Carts:

Change Section 318.1 to read:

318.1 Laundry carts with a capacity of 1 cubic yard or more. Laundry carts with an individual capacity of 1 cubic yard (200 gallons (0.76 m³)) or more used in laundries within Groups B, E, F-1, I, M and R-1 occupancies shall be constructed of noncombustible materials or materials having a peak rate of heat release not exceeding 300 kW/m² at a flux of 50 kW/m² where tested in a horizontal orientation in accordance with ASTM E 1354.

Exceptions:

1. Laundry carts in areas protected by an approved automatic sprinkler system throughout in accordance with the applicable NFPA 13 standard.

2. Laundry carts in coin-operated laundries.

N. Add Change Section 319, Mobile Food Preparation Vehicles. Add Sections 319.1 through 319.11, including subsections, to read:

319.1 General. Mobile food preparation vehicles that are equipped with appliances that utilize open flames or produce smoke or grease laden vapors shall comply with this section.

319.2 Permit required. Permits shall be required as set forth in Section 107.2.

319.3 Seating. Seating for the public within any mobile food preparation vehicles is prohibited.

319.4 Exhaust hood. Cooking equipment that produces grease laden vapors shall be provided with a kitchen exhaust hood in accordance with NFPA 96, Annex B.

319.5 Fire protection. Fire protection shall be provided in accordance with Sections 319.5.1 through 319.5.2.

319.5.1 Fire protection for cooking equipment. Cooking equipment shall be protected by automatic fire extinguishing systems in accordance with Section 904.3.

319.5.2 Fire extinguisher. Portable fire extinguishers shall be provided in accordance with Section 904.12.5 906.4.

319.6 Appliance connection to fuel supply. Gas cooking appliances shall be secured in place and connected to fuel supply piping with an appliance connector complying with ANSI Z21.69/CSA 6.16. The connector installation shall be configured in accordance with manufacturer's installation instructions. Movement of appliances shall be limited by restraining devices installed in accordance with the connector and appliance manufacturer's instructions.

319.6.1 Construction and modifications. Following initial construction and any modifications of the fuel system, the system, including hoses, shall be proven free of leaks by performing a pressure test in accordance with NFPA 58 at not less than the normal operating pressure.

319.6.2 Leak detection. Gas systems shall be inspected prior to each use and following fuel tank replacement or refill in one of the following methods:

1. A water and soap solution shall be applied to every accessible connection or connection manipulated during the replacement or fueling and observed for evidence of gas leakage.

2. Pressure testing in accordance with Annex L of NFPA 58.

319.6.3 Leaks. When leaks are discovered during inspections and testing, the fuel supply shall be secured in the "off" position or disconnected from the appliance, and the appliance shall not be operated until serviced by a qualified person.

319.7 Cooking oil storage containers. Cooking oil storage containers within mobile food preparation vehicles shall have a minimum aggregate area volume not to exceed 120 gallons (454L) (454 L) and shall be stored in such a way as to not be toppled or damaged during transport.

319.8 Cooking oil storage tanks. Cooking oil storage tanks within mobile food preparation vehicles shall comply with Sections 319.8.1 through 319.8.5.

319.8.1 Metallic storage tanks. Metallic cooking oil storage tanks shall be listed in accordance with UL 142 or UL 80, and shall be installed in accordance with the tank manufacturer's instructions.

319.8.2 Nonmetallic tanks. Nonmetallic cooking oil storage tanks shall be installed in accordance with the tank manufacturer's instructions and shall also comply with all of the following:

1. Tanks shall be listed for use with cooking oil, including maximum temperature to which the tanks will be exposed to during use.

2. Tank capacity shall not exceed 200 gallons (757 L) per tank.

319.8.3 Cooking oil storage system components. Metallic and nonmetallic cooking oil storage system components shall include piping, connections, fittings, valves, tubing, hose, pumps, vents, and other related components used for the transfer of cooking oil.

319.8.4 Design criteria. The design, fabrication, and assembly of system components shall be suitable for the working pressures, temperatures, and structural stresses to be encountered by the components.

319.8.5 Tank venting. Normal and emergency venting shall be provided for cooking oil storage tanks.

319.8.5.1 Normal vents. Normal vents shall be located above the maximum normal liquid line and shall have a minimum effective area not smaller than the largest filling or withdrawal connection. Normal vents are not required to vent to the exterior.

319.8.5.2 Emergency vents. Emergency relief vents shall be located above the maximum normal liquid line and shall be in the form of a device that will relieve excessive internal pressure caused by an exposure fire. For nonmetallic tanks, the emergency relief vent shall be allowed to be in the form of construction. Emergency vents are not required to discharge to the exterior.

319.9 Liquefied petroleum gas (LP-gas) systems. Where LP-gas systems provide fuel for cooking appliances, such systems shall comply with NFPA 58, Chapter 61 and Sections 319.9.1 through 319.9.5.

319.9.1 Maximum aggregate volume. The maximum aggregate capacity of LP-gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds propane capacity.

319.9.2 Protection of container. LP-gas containers installed on the vehicle shall be securely mounted and restrained to prevent movement.

319.9.3 LP-gas container construction. LP-gas containers shall be manufactured in compliance with the requirements of NPFA 58.

319.9.4 Protection of system piping. LP-gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage, and damage from vibration.

319.9.5 LP-gas alarms. A listed LP-gas alarm shall be installed with the vehicle in the vicinity of LP-gas system components, in accordance with manufacturer's instructions.

319.10 Compressed natural gas (CNG) systems. Where CNG systems provide fuel for cooking appliances, such systems shall comply with Sections 319.10.1 through 319.10.4.

319.10.1 CNG containers supplying only cooking fuel. CNG containers installed solely to provide fuel for cooking purposes shall be in accordance with Sections 319.10.1.1 through 319.10.1.3.

319.10.1.1 Maximum aggregate volume. The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds water capacity.

319.10.1.2 Protection of container. CNG containers shall be securely mounted and restrained to prevent movement. Containers shall not be installed in locations subject to direct vehicle impact.

319.10.1.3 CNG container construction. The construction of CNG containers shall be approved.

319.10.2 CNG containers supplying transportation and cooking fuel. Where CNG containers and systems are used to supply fuel for cooking purposes in addition to being used for transportation fuel, the installation shall be in accordance with NFPA 52.

319.10.3 Protection of system piping. CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage, and damage from vibration.

319.10.4 Methane alarms. A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions.

319.11 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 319.11.1 through 319.11.3.

319.11.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Chapter 6.

319.11.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Chapter 9.

319.11.3 Fuel-gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders to ensure that system components are free of damage, suitable for the intended service, and not subject to leaking. CNG containers shall be inspected every three years in a qualified service facility. CNG containers shall not be used past their expiration dates listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel-gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

13VAC5-51-132. IFC Chapter 4 Emergency Planning and Preparedness.

A. The following change shall be made to Section 401, General:

Add Section 401.1.1 to read:

401.1.1 State Regulated Care Facilities. When a state license is required by the Virginia Department of Social Services; Virginia Department of Behavioral Health and Developmental Services; Virginia Department of Education; or Virginia Department of Juvenile Justice to operate, SRCF shall comply with this section and the provisions of Section 404.

B. The following changes shall be made to Section 403, Emergency Preparedness Requirements: 

1. Add Section 403.1.1 to read:

403.1.1 Maintaining occupant load posting. Occupant load postings required by the building code are required to be maintained.

2. Add Sections 403.2.2.1, 403.2.2.1.1, and 403.2.2.1.2 to read:

403.2.2.1 Night clubs. Night clubs shall comply with Sections 403.2.2.1.1 and 403.2.2.1.2.

403.2.2.1.1 Audible announcements. Audible announcements shall be made to the occupants no longer than 10 minutes prior to the start of the entertainment and at each intermission to notify the occupants of the location of the exits to be used in the event of a fire or other emergency.

403.2.2.1.2 Occupant load count. Upon request of the fire code official, the owner or operator, or both, will be required to keep a running count of the occupant load to provide to the fire code official during performance hours of operation, entertainment hours of operation, or both.

3. Change Section 403.8.3.2 to read:

403.8.3.2 Employee staffing. Group I-3 occupancies shall be provided with 24-hour staffing. An employee shall be within three floors or 300 feet (91 440 (91,440 mm) horizontal distance of the access door of each resident housing area. In Group I-3 Conditions 3, 4, and 5, as defined in Chapter 2, the arrangement shall be such that the employee involved can start release of locks necessary for emergency evacuation or rescue and initiate other necessary emergency actions within 2 minutes of an alarm.

Exception: An employee shall not be required to be within three floors or 300 feet (91 440 (91,440 mm) horizontal distance of the access door of each resident housing area in areas in which all locks are unlocked remotely and automatically in accordance with the applicable building code.

4. Change Section 403.10 to read:

403.10 Group R occupancies. Group R occupancies shall comply with Sections 403.10.1 through 403.10.4.

5. Add Section 403.10.4 to read:

403.10.4 Groups R-3 and R-5 lodging facilities. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for Groups R-3 and R-5 bed and breakfast and other transient boarding facilities that are either proprietor or non-proprietor occupied.

6. Change Section 403.11 to read:

403.11 Special uses. Special uses shall be in accordance with Sections 403.11.1 through 403.11.5 403.11.6.

7. Change Section 403.11.1.4 to read:

403.11.1.4 Lease plan revisions. The lease plans shall be revised annually or as often as necessary to keep them current. Modifications or changes in tenants or occupancies shall not be made without prior approval of the fire code official.

8. Add Section 403.11.5 403.11.6 to read:

403.11.5 403.11.6 SRCF. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for SRCFs.

C. The following change changes shall be made to Section 404, Fire Safety, Evacuation and Lockdown Plans:

1. Change Item 4.4 of Section 404.2.3.1 to read:

4.4. A description of how locking means and methods are in compliance with the requirements of the VCC and the applicable provisions of this code for egress and accessibility.

2. Change Section 404.4.1 to read:

404.4.1 Distribution. The fire safety and evacuation plans shall be distributed to the tenants and building service employees by the owner or owner's agent. Tenants shall distribute to their employees applicable parts of the fire safety plan affecting the employees' actions in the event of a fire or other emergency. Fire safety and evacuation plans shall be made available by the proprietor of Group Groups R-3 and R-5 bed and breakfast and other transient boarding facilities to transient guests upon their arrival or are present in each transient guest room.

D. The following changes shall be made to Section 405, Emergency Evacuation Drills

1. Change Section 405.1 to read:

405.1 General. Emergency evacuation drills complying with Sections 405.2 through 405.9 shall be conducted at least annually where fire safety and evacuation plans are required by Section 403 or when required by the fire code official. Drills shall be designed in cooperation with the local authorities.

Exception: Emergency evacuation drills shall not be conducted in school buildings during periods of mandatory testing required by the Virginia Board of Education.

2. Add the following row to Table 405.2 to read:

3. Add Section 405.2.1 to read:

405.2.1 High-rise buildings. Fire exit drills shall be conducted annually by building staff personnel or the owner of the building in accordance with the fire safety plan and shall not affect other current occupants.

E. The following change shall be made to Section 406, Employee Training and Response Procedures:

Add Section 406.3.4.1 to read:

406.3.4.1 Emergency supplemental hardware training. Where a facility has installed approved emergency supplemental hardware, employees shall be trained on their assigned duties and procedures for the use of such device. Records of in-service training shall be made available to the fire code official upon request.

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

A. The following changes shall be made to Section 501, General:

1. Change Section 501.2 to read: 

501.2 Permits. A permit shall be required as set forth in Section 107.2.

2. Delete Section 501.4.

B. The following changes shall be made to Section 503, Fire Apparatus Access Roads:

1. Add exceptions to Section 503.1 to read:

Exceptions:

1. Fire apparatus access roads shall be permitted to be provided and maintained in accordance with written policy that establish fire apparatus access road requirements and such requirements shall be identified to the owner or his agent prior to the building official's approval of the building permit.

2. On construction and demolition sites fire apparatus access roads shall be permitted to be provided and maintained in accordance with Section 3310.1.

2. Change Section 503.1.1 to read:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:

1.1. The building is equipped throughout with an approved automatic sprinkler system in accordance with the applicable NFPA13, NFPA 13R, or NFPA13D standard.

1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades, or other similar conditions, and an approved alternative means of fire protection is provided.

1.3. There are not more than two Group R-3 or Group U occupancies.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.

3. 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 Section 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.

4. Add Section 503.7 to read:

503.7 Fire lanes for existing buildings. The fire code official is authorized to designate public and private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus. Fire lanes shall comply with Sections 503.2 through 503.6.

C. The following changes shall be made to Section 504, Access to Building Openings and Roofs:

1. Change Section 504.1 to read:

504.1 Required access. Exterior doors and openings required by the applicable building code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

2. Change Section 504.3 to read:

(N)504.3 504.3 Stairway access to roof. Stairway access to the roof shall be maintained and marked at street and floor levels with a sign indicating that the stairway continues to the roof.

D. The following changes shall be made to Section 507, Fire Protection Water Supplies:

1. Add Section 507.3.1 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(1) of Appendix B of the IFC 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 Section R313.1 or R313.2 of the International Residential Code.

2. Change Section 507.5.1 to read:

507.5.1 Where required. Fire hydrant systems shall be located and installed as directed by the fire department. Fire hydrant systems shall conform to the written standards of the jurisdiction and the fire department.

Exceptions:

1. For in-fill development of fewer than five detached single-family dwellings constructed in existing residential developments.

2. For the reconstruction or rehabilitation of detached single-family dwellings.

3. Add Section 507.5.1.2 to read:

507.5.1.2 Fire hydrant requirements for fully sprinklered residential developments. Notwithstanding Section 103.1.2, the number and distribution of fire hydrants in Table C102.1 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 Section R313.1 or R313.2 of the International Residential Code, with the spacing and distances of fire hydrants indicated in Table C102.1 increased by 100%.

E. The following changes shall be made to Section 508, Fire Command Center:

1. Change Section 508.1 to read:

(N)508.1 508.1 General. Where required by the applicable building code or where otherwise provided, a fire command center for fire department operations shall comply with Sections 508.1.1 through 508.1.6.

2. Delete Section 508.1.1.

3. Change Section 508.1.2 to read:

(N)508.1.2 508.1.2 Separation. Fire-rated construction shall be maintained in accordance with Section 703 of this code.

4. Delete Section 508.1.3.

5. Change Section 508.1.4 to read:

(N)508.1.4 508.1.4 Layout approval. A layout of the fire command center and all features shall be submitted for approval prior to modification.

6. Change Section 508.1.6 to read:

(N) 508.1.6 508.1.6 Required features. In addition to the features required by the applicable building code, the fire command center shall contain the following:

1. A telephone for fire department use with controlled access to the public telephone system.

2. Schematic building plans indicating the typical floor plan and detailing the building core, means of egress, fire protection systems, firefighter air-replenishment systems, firefighting equipment, and fire department access and the location of fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions.

3. An approved building information card that includes all of the following information:

3.1. General building information that includes property name, address, the number of floors in the building above and below grade, use and occupancy classification (for mixed uses, identify the different types of occupancies on each floor), and the estimated building population during the day, night, and weekend;

3.2. Building emergency contact information that includes a list of the building's emergency contacts including building manager, building engineer, and their respective work phone numbers, cell phone numbers, and email addresses;

3.3. Building construction information that includes the type of building construction including floors, walls, columns, and roof assembly;

3.4. Exit access stairway and exit stairway information that includes number of exit access stairways and exit stairways in building; each exit access stairway and exit stairway designation and floors served; location where each exit access stairway and exit stairway discharges; interior exit stairways that are pressurized; exit stairways provided with emergency lighting; each exit stairway that allows reentry; exit stairways providing roof access; elevator information that includes: number of elevator banks, elevator bank designation, elevator car numbers, and respective floors that they serve; location of elevator machine rooms; control rooms and control spaces; location of sky lobby; and location of freight elevator banks;

3.5. Building services and system information that includes location of mechanical rooms, location of building management system, location and capacity of all fuel oil tanks, location of emergency generator, and location of natural gas service;

3.6. Fire protection system information that includes location of standpipes, location of fire pump room, location of fire department connections, floors protected by automatic sprinklers, and location of different types of automatic sprinkler systems installed including dry, wet, and preaction; and

3.7. Hazardous material information that includes: location and quantity of hazardous material.

4. Work table.

F. The following changes shall be made to Section 510, Maintenance of In-Building Emergency Communication Equipment:

Change Sections 510.1 through 510.3 and delete Sections 510.4 through 510.6, including subsections.

Sections 510.1 through 510.3 to read:

510.1 General. In-building emergency communication equipment shall be maintained in accordance with USBC and the provisions of this section.

510.2 Additional in-building emergency communications installations. If it is determined by the locality that increased amplification of their emergency communication system is needed, the building owner shall allow the locality access as well as provide appropriate space within the building to install and maintain necessary additional communication equipment by the locality. If the building owner denies the locality access or appropriate space, or both, the building owner shall be responsible for the installation and maintenance of these additional systems.

510.3 Field tests. After providing reasonable notice to the owner or the owner's representative, the fire official, police chief, or their agents shall have the right during normal business hours, or other mutually agreed upon time, to enter onto the property to conduct field tests to verify that the required level of radio coverage is present at no cost to the owner.

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

A. The following changes shall be made to Section 601, General:

1. Change Section 601.1 to read:

601.1 Scope. The provisions of this chapter shall apply to the operation and maintenance of fuel-fired appliances and heating systems, emergency and standby power systems, electrical systems, and equipment, mechanical refrigeration systems, elevator recall, stationary storage battery systems, and commercial kitchen equipment.

2. Change Section 601.2 to read: 

601.2 Permits. Permits shall be obtained for refrigeration systems, battery systems and solar photovoltaic power systems as set forth in Section 107.2.

B. The following changes shall be made to Section 603, Fuel-Fired Appliances:

1. Change Section 603.1 to read:

(N)603.1 603.1 Installation. The installation of nonportable fuel gas appliances and systems shall comply with the applicable building code. The use of all other fuel-fired appliances, other than internal combustion engines, oil lamps and portable devices such as blow torches, melting pots and weed burners, shall comply with this section.

2. Change Section 603.1.1 to read:

(N)603.1.1 603.1.1 Manufacturer's instructions. Appliances shall be maintained in accordance with the manufacturer's instructions and applicable federal, state, and local rules and regulations. Where it becomes necessary to change, modify, or alter a manufacturer's instructions in any way, written approval shall first be obtained from the manufacturer.

3. Delete Section 603.1.2.

4. Change Section 603.1.3 to read:

(N)603.1.3 603.1.3 Electrical wiring and equipment. Electrical wiring and equipment used in connection with oil-burning equipment shall be maintained in accordance with Section 605 and NFPA 70.

5. Change Section 603.1.5 to read:

(N)603.1.5 603.1.5 Access. Appliances shall be readily accessible for cleaning hot surfaces; removing burners; replacing motors, controls, air filters, chimney connectors, draft regulators, and other working parts; and for adjusting, cleaning, and lubricating parts.

6. Change Section 603.1.6 to read:

(N)603.1.6 603.1.6 Testing, diagrams and instructions. Following servicing or maintenance of oil-burning equipment, operation and combustion performance tests shall be conducted to determine that the burner is in proper operating condition and that all accessory equipment, controls, and safety devices function properly.

7. Change Section 603.1.6.1 to read:

(N)603.1.6.1 603.1.6.1 Diagrams. Two copies of diagrams showing the main oil lines and controlling valves shall be provided, one copy of which shall be posted at the oil-burning equipment and another at an approved location that will be accessible in case of emergency.

8. Change Section 603.1.7 to read:

(N)603.1.7 Clearances. Working clearances between oil-fired appliances and electrical panelboards and equipment shall be in accordance with NFPA 70. Clearances between oil-fired equipment and oil supply tanks shall be in accordance with NFPA 31.

9. 8. Change Section 603.2 to read:

(N)603.2 603.2 Chimneys. Masonry, metal, and factory-built chimneys shall be maintained in accordance with the applicable building code. and NFPA 211.

10. 9. Change Section 603.3 to read:

(N)603.3 603.3 Fuel oil storage systems. Fuel oil storage systems shall be maintained as provided by the applicable building code.

11. 10. Change Section 603.3.1 to read:

(N)603.3.1 603.3.1 Fuel oil storage in outside, aboveground tanks. Where connected to a fuel-oil piping system, the maximum amount of fuel oil storage allowed outside above ground without additional protection shall be 660 gallons (2498 L) unless otherwise installed in accordance with the applicable building code. The storage of fuel oil above ground in quantities exceeding 660 gallons (2498 L) shall comply be maintained in accordance with NFPA 31.

12. 11. Change Section 603.3.2 to read:

(N)603.3.2 603.3.2 Fuel oil storage inside buildings. Fuel oil storage inside buildings shall be maintained in accordance with the applicable building code.

13. 12. Change Section 603.3.2.1 to read:

(N)603.3.2.1 603.3.2.1 Quantity limits. The amount of fuel oil storage in fuel oil storage tanks inside buildings shall not exceed that amount approved under the applicable building code.

14. 13. Change Section 603.3.2.2 to read:

(N)603.3.2.2 603.3.2.2 Restricted use and connection. Tanks subject to Section 603.3.2 shall be used only as approved under the applicable building code. Closed piping systems shall be maintained in accordance with the applicable building code.

15. 14. Change Section 603.3.2.3 to read:

(N)603.3.2.3 603.3.2.3 Applicability of maximum allowable quantity and control area requirements. The quantity of combustible liquid stored in tanks subject to Section 603.3.2 shall not be counted toward the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area when there are such allowances under the applicable building code.

16. 15. Change Section 603.3.2.4 and delete Sections 603.3.2.5 and 603.3.2.6:

Section 603.3.2.4 to read:

(N)603.3.2.4 603.3.2.4 Installation. Tanks and piping systems shall be maintained in accordance with the applicable building code.

17. 16. Change Section 603.3.2.5 603.3.2.7 to read:

(N)603.3.2.5 603.3.2.7 Tanks in basements. Tanks in basements shall be maintained in accordance with the applicable building code.

18. 17. Change Section 603.3.3 to read:

(N)603.3.3 603.3.3 Underground storage of fuel oil. The storage of fuel oil in underground storage tanks shall be maintained in accordance with the applicable building code.

19. 18. Change Section 603.5 to read:

(N)603.5 603.5 Heating appliances. Heating appliances shall be maintained in accordance with the applicable building code.

20. 19. Change Section 603.5.1 to read:

(N)603.5.1 603.5.1 Guard against contact. The heating element or combustion chamber guard shall be maintained so as to prevent accidental contact by persons or material to the extent required by the applicable building code.

21. 20. Change Section 603.5.2 to read:

(N)603.5.2 603.5.2 Heating appliance installation and maintenance. Heating appliances shall be maintained in accordance with the applicable building code.

22. 21. Change Section 603.6 to read:

(N)603.6 603.6 Chimneys and appliances. Chimneys, incinerators, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fireboxes or boilers to which such devices are connected shall be maintained in accordance with the applicable building code.

23. 22. Change Section 603.6.1 to read:

(N)603.6.1 603.6.1 Masonry chimneys. Masonry chimneys that, upon inspection, are found to be without a flue liner and that have open mortar joints that will permit smoke or gases to be discharged into the building or that are cracked as to be dangerous shall be repaired in accordance with the applicable building code.

24. 23. Change Section 603.6.2 to read:

(N)603.6.2 603.6.2 Metal chimneys. Metal chimneys that are corroded shall be repaired or replaced.

25. Change Section 603.6.3 to read:

(N)603.6.3 Decorative shrouds. Decorative shrouds installed at the termination of factory-built chimneys shall be removed except where such shrouds are listed and labeled for use with the specific factory-built chimney system and are installed in accordance with the chimney manufacturer's instructions.

26. 24. Change Section 603.6.4 to read:

(N)603.6.4 603.6.4 Factory-built chimneys. Existing factory-built chimneys that are corroded shall be repaired or replaced.

27. 25. Change Section 603.6.5 to read:

(N)603.6.5 603.6.5 Connectors. Existing chimney and vent connectors that are damaged or corroded shall be repaired or replaced.

28. 26. Add a note to Section 603.7 to read:

Note: The fire code official may request a copy of the latest certificate of inspection from the Virginia Department of Labor and Industry for boilers and pressure vessels subject to such requirements. When the certificate is not available, the fire code official shall notify the Department of Labor and Industry to ensure that the required maintenance and testing is performed in accordance the Virginia Boiler and Pressure Vessel Regulations (16VAC25-50).

29. 27. Change Section 603.8 to read:

(N)603.8 603.8 Incinerators. Commercial, industrial and residential-type incinerators and chimneys shall be maintained as installed in accordance with the applicable building code.

30. 28. Change Section 603.8.1 to read:

(N)603.8.1 603.8.1 Residential incinerators. Residential incinerators not regulated by the applicable building code shall be of an approved type.

31. 29. Change Section 603.8.2 to read:

(N)603.8.2 603.8.2 Spark arrestor. Incinerators not regulated by the applicable building code shall be equipped with an effective means for arresting sparks.

32. 30. Delete Section 608.8.6 603.8.6.

C. The following changes shall be made to Section 604, Emergency and Standby Power Systems:

1. Change Section 604.1 to read:

(N)604.1 General. Emergency power systems and standby power systems shall be maintained in accordance with the applicable building code.

2. Change Section 604.1.1 to read:

(N)604.1.1 Generators Emergency and standby power generators shall be listed.

3. Delete Section 604.1.2.

4. Change Section 604.1.3 to read:

(N)604.1.3 Load transfer. Emergency power systems shall automatically provide secondary power within 10 seconds after primary power is lost unless specified otherwise by the applicable building code. Standby power systems shall automatically provide secondary power within 60 seconds after primary power is lost unless specified otherwise by the applicable building code.

5. Change Section 604.1.4 to read:

(N)604.1.4 Load duration. Emergency power systems and standby power systems shall require power for a minimum duration of hours without being refueled or recharged, unless otherwise specified by the applicable building code.

6. Change Section 604.1.5 to read:

(N)604.1.5 Uninterruptable power source. An uninterrupted source of power shall be provided for equipment where required by the manufacturer's instructions, the listing, the applicable building code, or the applicable referenced standards.

7. Change Section 604.1.6 to read:

(N)604.1.6 Interchangeability. Emergency power systems shall be an acceptable alternative for installations that require standby power systems when permitted by the applicable building code.

8. Delete Section 604.1.7.

9. Change Section 604.1.8 to read:

604.1.8 Maintenance. Existing installations shall be maintained in accordance with the original approval and Section 604.4.

10. Change Section 604.2 to read:

(N)604.2 Specific equipment requirements. Emergency and standby power systems shall be maintained in accordance with Sections 604.2.1 through 604.2.16.

11. Change Section 604.2.1 to read:

(N)604.2.1 Elevators and platform lifts. Standby power shall be maintained in accordance with NFPA 72 for elevators and platform lifts required by the applicable building code.

12. Change Section 604.2.2 to read:

(N)604.2.2 Emergency alarm systems. Emergency power shall be maintained for emergency alarm systems as required by applicable building code.

13. Delete Section 604.2.3.

14. Change Section 604.2.4 to read:

(N)604.2.4 Emergency voice or alarm communication systems. Emergency power shall be maintained for emergency voice or alarm communication systems as required by the applicable building code. The system shall be capable of powering the required load for a duration of not less than 24 hours, as required in NFPA 72.

15. Change Section 604.2.5 to read:

(N)604.2.5 Exit signs. Emergency power for exit signs shall be capable of powering the required load for a duration of not less than 90 minutes unless otherwise specified by the applicable building code.

16. Change Section 604.2.6 to read:

(N)604.2.6 Group I-2 occupancies. Essential electrical systems for Group I-2 occupancies shall be maintained in accordance with NFPA 70 when required by applicable building code.

17. Change Section 604.2.7 to read:

(N)604.2.7 Group I-3 occupancies. Power-operated sliding doors or power-operated locks for swinging doors in Group I-3 occupancies shall be operable by a manual release mechanism at the door and emergency power provided for the doors and locks shall be maintained where required by the applicable building code.

18. Change Section 604.2.8 to read:

(N)604.2.8 Hazardous materials. Emergency and standby power shall be maintained in accordance with NFPA 70 in occupancies with hazardous materials when required by the applicable building code.

19. Delete Section 604.2.9.

20. Change Section 604.2.10 to read:

(N)604.2.10 Horizontal sliding doors. Standby power shall be maintained in accordance with NFPA 70 for horizontal sliding doors as required by the applicable building code. The standby power supply shall have a capacity to operate not fewer than 50 closing cycles of the door unless otherwise specified by the applicable building code.

21. Change Section 604.2.11 to read:

(N)604.2.11 Hydrogen fuel gas rooms. Standby power shall be maintained in accordance with NFPA 70 for hydrogen fuel gas rooms as required by the applicable building code.

22. Change Section 604.2.12 to read:

(N)604.2.12 Means of egress illumination. Emergency power shall be maintained for means of egress illumination in accordance with the applicable building code.

23. Change Section 604.2.13 to read:

(N)604.2.13 Membrane structures. Standby power shall be maintained for auxiliary inflation systems in permanent membrane structures in accordance with applicable building code. Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated membrane structures in accordance with Section 3103.10.4.

24. Change Section 604.2.14 to read:

(N)604.2.14 Semiconductor fabrication facilities. Emergency power shall be maintained in accordance with NFPA 70 for semiconductor fabrication facilities as required by the applicable building code.

25. Change Section 604.2.15 to read:

(N)604.2.15 Smoke control systems. Standby power shall be maintained in accordance with NFPA 70 for smoke control as required by the applicable building code.

26. Change Section 604.2.16 to read:

(N) 604.2.16 Underground buildings. Emergency and standby power shall be maintained in accordance with NFPA 70 in underground buildings as required by the applicable building code.

27. Change Section 604.3 to read:

(N)604.3 Critical circuits. Cables used for survivability of required critical circuits shall be listed. Electrical circuit protective systems shall be maintained in accordance with their listing requirements.

28. Change Section 604.4 to read:

604.4 Maintenance. Emergency and standby power systems shall be maintained in accordance with NFPA 70, NFPA 110, and NFPA 111 such that the system is capable of supplying service within the time specified for the type and duration required in accordance with the applicable building code.

29. Change Section 604.5 to read:

604.5 Operational inspection and testing. Emergency power systems, including all appurtenant components, shall be inspected and tested under load in accordance with NFPA 110, NFPA 70, and NFPA 111.

Exception: Where the emergency power system is used for standby power or peak load shaving, such use shall be recorded and shall be allowed to be substituted for scheduled testing of the generator set, provided that appropriate records are maintained.

30. Add Section 604.8 to read:

604.8 Testing of battery powered emergency lights and exit signs. Required emergency lighting utilizing battery powered emergency lights or exit signs, or both, shall be tested annually. The emergency lights and exit signs shall be tested for proper operation for the time period established in the building code in effect when the equipment was installed. Written records of tests shall be retained by the owner of the building for a minimum of two years after the test is conducted and shall be made available to the fire code official upon request.

D. C. The following changes shall be made to Section 605 604, Electric Equipment, Wiring, and Hazards:

1. Change Section 605.2 604.2 to read:

605.2 604.2 Illumination. Illumination shall be maintained for service equipment areas, motor control centers, and electrical panelboards.

2. Change Section 605.9 604.9 to read:

(N)605.9 604.9 Temporary wiring. Temporary wiring for electrical power and lighting installations not regulated by the applicable building code is allowed for a period not to exceed 90 days. Temporary wiring methods shall meet the applicable provisions of NFPA 70.

Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair, or demolition of buildings, structures, equipment, or similar activities.

3. Change Section 605.10.1 604.10.1 to read:

605.10.1 604.10.1 Listed and labeled. Only portable electric space heaters listed and labeled in accordance with UL 1278 shall be used.

4. Change Section 605.11 to read:

(N)605.11 Solar photovoltaic power systems. Solar photovoltaic power systems shall be maintained in accordance with Sections 605.11.1 through 605.11.2, the applicable building code and NFPA 70.

5. Change Section 605.11.1 to read:

(N)605.11.1 Access and pathways. Roof access, pathways, and spacing requirements shall be maintained in accordance with Section 605.11.1.

6. Change Section 605.11.1.1 to read:

(N)605.11.1.1 Roof access points. Roof access points shall be maintained in areas that do not require the placement of ground ladders over openings such as windows or doors and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.

7. Delete Section 605.11.1.2.

8. Delete Section 605.11.1.2.1.

9. Delete Section 605.11.1.2.2.

10. Delete Section 605.11.1.2.3.

11. Delete Section 605.11.1.2.4.

12. Delete Section 605.11.1.2.5.

13. Delete Section 605.11.1.3.

14. Delete Section 605.11.1.3.1.

15. Delete Section 605.11.1.3.2.

16. Delete Section 605.11.1.3.3.

17. Change Section 605.11.2 to read:

(N)605.11.2 Ground-mounted photovoltaic arrays. A clear, brush-free area of 10 feet (3048 mm) shall be maintained for ground-mounted photovoltaic arrays.

E. D. The following changes shall be made to Section 606 605, Mechanical Refrigeration:

1. Change Section 606.1 Sections 605.1 and 605.1.2 and delete Section 605.1.1.

Sections 605.1 and 605.1.2 to read:

606.1 605.1 Scope. Refrigeration systems shall be maintained in accordance with the applicable building code.

605.1.2 Ammonia refrigeration. Refrigeration systems using ammonia refrigerant and the buildings in which such systems are installed shall comply with IIAR 7 for operating procedures.

2. Change Section 606.2 605.2 to read:

606.2 605.2 Refrigerants. The use and purity of new, recovered, and reclaimed refrigerants shall be in accordance with the applicable building code.

3. Change Section 606.3 605.3 to read:

606.3 605.3 Refrigerant classification. Refrigerants shall be classified in accordance with the applicable building code.

4. Change Section 606.4 605.4 to read:

606.4 605.4 Change in refrigerant type. A change in the type of refrigerant in a refrigeration system shall be in accordance with the applicable building code.

5. Change Section 606.6 605.6 to read:

606.6 605.6 Testing of equipment. Refrigeration equipment and systems having a refrigerant circuit containing more than 220 pounds (100 kg) of Group A1 or 30 pounds (14 kg) of any other group refrigerant shall be subject to periodic testing in accordance with Section 606.6.1. Records of tests shall be maintained. Tests of emergency devices or systems required by the applicable building code shall be conducted by persons trained and qualified in refrigeration systems.

6. Change Section 606.7 605.7 to read:

606.7 605.7 Emergency signs. Refrigeration units or systems having a refrigerant circuit containing more than 220 pounds (100 kg) of Group A1 or 30 pounds (14 kg) of any other group refrigerant shall be provided with approved emergency signs, charts and labels in accordance with NFPA 704. Hazard signs shall be in accordance with the applicable building code for the classification of refrigerants listed therein.

7. Change Section 606.8 Sections 605.8 and 605.8.1 to read:

(N)606.8 605.8 Refrigerant detector detection. Refrigerant detection systems shall be maintained. The alarm shall be actuated at a value not greater than the corresponding threshold limit value-time-weighted average values (TLV-TWA) for those agents. Where ammonia is used as the refrigerant, detection shall comply with IIAR 2. Detectors and alarms shall be maintained in approved locations. The detector shall transmit a signal to an approved location. For refrigerants other than ammonia, refrigerant detection shall comply with Section 605.8.1.

605.8.1 Refrigerants other than ammonia. Refrigerant detection systems shall be maintained. The alarm shall be actuated at a value not greater than the corresponding threshold limit value-time-weighted average values (TLV-TWA) for those agents. Detectors and alarms shall be maintained in approved locations. The detector shall transmit a signal to an approved location.

8. Change Section 606.9 605.9 to read:

(N)606.9 605.9 Remote controls. Remote controls required by the applicable building code shall be maintained and accessible at all times as required by that code.

9. Change Section 606.9.1 605.9.1 to read:

(N)606.9.1 605.9.1 Refrigeration system emergency shutoff. Emergency shutoffs shall be maintained and accessible at all times.

10. Change Section 606.9.2 605.9.2 to read:

(N)606.9.2 605.9.2 Ventilation system. Ventilation system switches shall be clearly identified and maintained in an approved manner.

11. Change Section 606.10 605.10 to read:

(N)606.10 605.10 Emergency pressure control system. Permanently installed refrigeration systems containing more than 6.6 pounds (3 kg) of flammable, toxic or highly toxic refrigerant or ammonia shall be maintained as installed in accordance with the applicable building code and this code.

12. Change Section 606.10.1 605.10.1 to read:

(N)606.10.1 605.10.1 Automatic crossover valves. Automatic crossover valves shall be maintained as installed in accordance with the applicable building code.

13. Change Section 606.10.1.1 605.10.1.1 to read:

(N)606.10.1.1 605.10.1.1 Overpressure limit set point. Automatic crossover valves shall be arranged and maintained in accordance with the applicable building code.

14. Change Section 606.10.1.2 605.10.1.2 to read:

(N)606.10.1.2 605.10.1.2 Manual operation. Manual operation of the automatic crossover valve, where provided, shall be maintained in accordance with the applicable building code.

15. Delete Section 606.10.1.3 605.10.1.3.

16. Change Section 606.10.2 605.10.2 to read:

(N)606.10.2 605.10.2 Automatic emergency stop. An automatic emergency stop feature shall be maintained in accordance with the applicable building code.

17. Delete Section 606.10.2.1 605.10.2.1.

18. Delete Section 606.10.2.2 605.10.2.2.

19. Change Section 606.12 605.12 to read:

(N)606.12 605.12 Discharge and termination of pressure relief and purge systems. Pressure relief devices, fusible plugs and purge systems discharging to the atmosphere from refrigeration systems containing flammable, toxic or highly toxic refrigerants or ammonia shall be maintained in accordance with Sections 606.12.3 through 606.12.5.

20. Delete Section 606.12.1.

21. Change Section 606.12.1.1 to read:

(N)606.12.1.1 Ammonia refrigeration. Refrigeration systems using ammonia refrigerant and the buildings in which such systems are installed shall comply with IIAR-7 for operating procedures.

22. 20. Change Section 606.12.2 605.12.1 to read:

(N)606.12.2 605.12.1 Fusible plugs and rupture members. Unless otherwise required by the applicable building code, discharge piping and devices connected to the discharge side of a fusible plug or rupture member shall have provisions to prevent plugging the pipe in the event the fusible plug or rupture member functions.

23. 21. Change Section 606.12.3 605.12.2 to read:

(N) 606.12.3 605.12.2 Flammable refrigerants. Unless otherwise regulated by the applicable building code, systems containing more than 6.6 pounds (3 kg) of flammable refrigerants having a density equal to or greater than the density of air shall discharge vapor to the atmosphere only through an approved treatment system in accordance with Section 606.12.6 or a flaring system in accordance with Section 606.12.7. Systems containing more than 6.6 pounds (3 kg) of flammable refrigerants having a density less than the density of air shall be permitted to discharge vapor to the atmosphere provided that the point of discharge is located outside of the structure at not less than 15 feet (4572 mm) above the adjoining grade level and not less than 20 feet (6096 mm) from any window, ventilation opening, or exit.

24. 22. Change Section 606.12.4 605.12.3 to read:

(N)606.12.4 605.12.3 Toxic and highly toxic refrigerants. Toxic or highly toxic refrigerant discharge methods shall be maintained in accordance with the applicable building code.

25. 23. Change Section 606.12.5 605.12.4 to read:

(N)606.12.5 605.12.4 Ammonia refrigerant. The discharge methods for systems containing more than 6.6 pounds (3 kg) of ammonia refrigerant shall be maintained in accordance with the applicable building code.

26. 24. Change Section 606.12.6 Sections 605.12.5 through 605.12.7 to read:

(N)606.12.6 605.12.5 Treatment systems. Treatment systems for refrigerant gas discharge shall be maintained in accordance with the applicable building code.

(N)606.12.7 605.12.6 Flaring systems. Flaring systems for incineration of flammable refrigerants shall be maintained in accordance with the applicable building code.

27. Change Section 606.12.8 to read:

(N)606.12.8 605.12.7 Ammonia diffusion systems. Ammonia diffusion systems shall be maintained in accordance with the applicable building code.

28. 25. Change Section 606.13 605.13 to read:

(N)606.13 605.13 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.

Exception: Refrigeration systems containing Group A2L complying with Section 605.17.

29. 26. Change Section 606.16 605.16 to read:

(N)606.16 605.16 Electrical equipment. The hazardous location classification of refrigeration machinery rooms where refrigerants of Groups A2, A3, B2 and B3, as defined in the International Mechanical Code, are used, shall be maintained in accordance with the applicable building code.

27. Change Sections 605.17 through 605.17.2 to read:

605.17 Special requirements for Group A2L refrigerant machinery rooms. Machinery rooms with systems containing Group A2L refrigerants shall comply with Sections 605.17.1 through 605.17.2.

605.17.1 Refrigerant detection system. Refrigerant detection systems in machinery rooms shall be maintained in accordance with the applicable building code.

605.17.2 Emergency ventilation system. Emergency ventilation systems shall be maintained in accordance with the applicable building code.

28. Delete Table 605.17.2 and Section 605.17.3.

F. E. The following changes shall be made to Section 607 606, Elevator Operation, Maintenance, and Fire Service Keys:

1. Change Section 607.1 606.1 to read:

607.1 606.1 Operation. Existing elevators with a travel distance of 25 feet (7620 mm) or more shall comply with the requirements of Section 607.5 and the USBC, Part III, Maintenance.

2. Change Section 607.2 606.2 to read:

607.2 606.2 Standby power. In buildings and structures where standby power is required or furnished to operate an elevator, standby power shall be maintained in accordance with Section 604. Operation of the system shall be in accordance with Sections 607.2.1 606.2.1 through 607.2.4 606.2.4.

3. Change Section 607.2.4 606.2.4 to read:

607.2.4 606.2.4 Machine room ventilation. Where standby power is connected to elevators, the machine room ventilation or air conditioning shall remain connected to the standby power source in accordance with the applicable building code.

4. Change Section 607.4 606.4 to read:

607.4 606.4 Fire service access elevator lobbies. Where fire service access elevators are required by the applicable building code, fire service access elevator lobbies shall be maintained free of storage and furniture.

5. Change Section 607.5 606.5 to read:

607.5 606.5 Occupant evacuation elevator lobbies. Where occupant evacuation elevators are provided in under the applicable building code, occupant evacuation elevator lobbies shall be maintained free of storage and furniture.

6. Change Section 607.6 606.6 to read:

607.6 606.6 Water protection of hoistway enclosures. Methods to prevent water from infiltrating into a hoistway enclosure required by the applicable building code shall be maintained.

G. The following changes shall be made to Section 608, Storage Battery Systems:

1. Change Section 608.1 to read:

608.1 Scope. Stationary storage battery systems having an electrolyte capacity of more than 50 gallons (189 L) for flooded lead-acid, nickel cadmium (Ni-Cd), and valve-regulated lead-acid (VRLA) or more than 1,000 pounds (454 kg) for lithium-ion and lithium metal polymer used for facility standby power, emergency power, or uninterruptible power supplies shall comply with this section and Table 608.1 when required by the applicable building code.

2. Change Section 608.4 to read:

608.4 Room design and construction. Enclosure of stationary battery systems shall comply with the applicable building code. Battery systems shall be allowed to be in the same room with the equipment they support.

3. Change Section 608.6.1 to read:

(N)608.6.1 Room ventilation. Ventilation shall be maintained in accordance with the applicable building code.

4. Change Section 608.6.2 to read:

(N)608.6.2 Cabinet ventilation. Where VRLA batteries are installed inside a cabinet, the cabinet shall be approved for use in occupied spaces and shall be mechanically or naturally vented in accordance with one of the following methods:

1. The cabinet ventilation shall limit the maximum concentration of hydrogen to 1% of the total volume of the cabinet during the worst-case event of simultaneous "boost" charging of all the batteries in the cabinet.

2. Where calculations are not available to substantiate the ventilation rate, continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per square foot 1 ft³/min/ft² or 0.0051 m³/(sm²) of floor area covered by the cabinet. The room in which the cabinet is installed shall be ventilated as required in Section 608.6.1.

5. Change Section 608.6.3 to read:

(N)608.6.3 Supervision. Mechanical ventilation systems where required by Sections 608.6.1 and 608.6.2 shall be supervised by an approved central, proprietary, or remote station service or shall initiate an audible and visual signal at a constantly attended onsite location when required by the applicable building code.

6. Change Section 608.8 to read:

(N)608.8 Seismic protection. Seismic protection required for battery systems shall be maintained in accordance with the applicable building code.

7. Change Section 608.9 to read:

(N)608.9 Smoke detection. Automatic smoke detection system shall be maintained in accordance with Chapter 9 in rooms containing stationary battery systems.

H. F. The following changes shall be made to Section 609 607, Commercial Kitchen Hoods:

1. Change Section 609.1 607.1 to read:

609.1 607.1 General. Commercial kitchen exhaust hoods shall comply with the requirements of this Section.

2. Change Section 609.2 607.2 to read:

(N)609.2 607.2 Where required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors in mobile food preparation vehicles.

Exception: A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg/m³ or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m³/s) in accordance with UL 710B.

3. Change Section 609.3.3.3 607.3.3.3 to read:

609.3.3.3 607.3.3.3 Records. Records for inspections shall state the individual and company performing the inspection, a description of the inspection, and when the inspection took place. Records for cleanings shall state the individual and company performing the cleaning and when the cleaning took place. Such records shall be completed after each inspection or cleaning and maintained for a minimum of three years and be copied to the fire code official upon request.

4. Change Section 609.3.3.3.1 607.3.3.3.1 to read:

609.3.3.3.1 607.3.3.3.1 Tags. Where a commercial kitchen hood or duct system is inspected or cleaned, a tag containing the service provider name, address, telephone number and date of service shall be provided in a conspicuous location. Prior tags shall be covered or removed.

Exception: Where records required by Section 609.3.3.3 607.3.3.3 are maintained on the premises.

I. G. The following change shall be made to Section 610 608, Commercial Kitchen Hoods Cooking Oil Storage:

Change Section 610.7 608.7 to read:

(N)610.7 608.7 Electrical equipment. Electrical equipment used for the operation of cooking oil storage systems shall comply be maintained in accordance with NFPA 70.

13VAC5-51-133.8. IFC Chapter 7 Fire and Smoke Protection Features.

A. The following changes shall be made to Section 701, General:

1. Change Section 701.1 to read:

701.1 Scope. The provisions of this chapter shall govern maintenance of the materials, systems, and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings.

2. Change Section 701.2 Sections 701.6 and 701.7 to read:

701.6 Maintenance. The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings, and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems, shall be maintained. Such elements shall be visually inspected by the owner annually and properly repaired, restored, or replaced where damaged, altered, breached, or penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile, or similar movable entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer openings, and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self-closing or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly.

701.2 701.7 Unsafe conditions. Where any components in this chapter are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed, remodeled, or altered, such components or portion thereof shall be deemed an unsafe condition in accordance with Section 110.1.1. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed, remodeled, or altered or this chapter, as deemed appropriate by the fire code official.

Where the extent of the conditions of components is such that any building, structure, or portion thereof presents an imminent danger to the occupants of the building, structure, or portion thereof, the fire code official shall act in accordance with Section 110.5.

B. The following changes shall be made to Section 703, Fire-Resistance-Rated Construction:

1. Change Section 703.1 to read:

703.1 Maintenance. The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings, and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems, shall be maintained. Such elements shall be visually inspected by the owner annually and properly repaired, restored, or replaced where damaged, altered, breached, or penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile, or similar movable entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer openings, and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self-closing or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly.

Exception: When requested by the building owner and approved by the fire official, the visual inspection required by 703.1 may be modified to a time period greater than annually based on the history of the previous inspections.

2. Change Section 703.1.1 to read:

703.1.1 Fireblocking and draftstopping. Required fireblocking and draftstopping in combustible concealed spaces shall be maintained to provide continuity and integrity of the construction.

3. Change Section 703.2.1 to read:

703.2.1 Testing. Opening protectives shall be inspected and tested annually in accordance with NFPA 80 to confirm proper operation and full closure. A written record shall be maintained and be available to the fire code official.

4. Change Section 703.2.2 to read:

703.2.2 Signs. Where required by the fire code official, a sign shall be permanently displayed on or near each fire door in letters not less than 1 inch (25 mm) high to read as follows:

1. For doors designed to be kept normally open: FIRE DOOR—DO NOT BLOCK.

2. For doors designed to be kept normally closed: FIRE DOOR—KEEP CLOSED.

5. Change Section 703.2.3 to read:

703.2.3 Hold-open devices and closers. Hold-open devices and automatic door closers, where provided, shall be maintained. During the period that such device is out of service for repairs, the door it operates shall remain in the closed position.

6. Add new Section 703.2.4 to read:

703.2.4 Door operation. Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position.

C. B. The following changes change shall be made to Section 704, Floor Openings and Shafts: Joints and Voids:

1. Change Section 704.1 to read:

704.1 Enclosure. New floor openings in existing buildings shall comply with the International Building Code.

2. Change Section 704.2 to read:

(N) 704.2 704.2 Opening protectives. Where openings are required to be protected, opening protectives and associated closing devices shall be maintained as self-closing or automatic-closing.

C. The following changes shall be made to Section 705, Door and Window Openings:

1. Change Section 705.2.2 to read:

705.2.2 Signs. Where required by the fire code official, a sign shall be permanently displayed on or near each fire door in letters not less than 1 inch (25 mm) high to read as follows:

For doors designed to be kept normally open: FIRE DOOR – DO NOT BLOCK.

For doors designed to be kept normally closed: FIRE DOOR – KEEP CLOSED.

2. Change Section 705.2.3 to read:

705.2.3 Hold-open devices and closers. Hold-open devices and automatic door closers, where provided, shall be maintained. During the period that such device is out of service for repairs, the door it operates shall remain in the closed position.

3. Change Section 705.2.4 to read:

705.2.4 Door operation. Swinging fire door operations shall be maintained in accordance with the applicable building code.

4. Change Section 705.2.5 to read:

705.2.5 Smoke-activated and heat-activated doors. Smoke-activated doors shall be maintained to self-close or automatically close upon detection of smoke in accordance with the applicable building code.

5. Change Section 705.2.6 to read:

705.2.6 Testing. Opening protectives shall be inspected and tested annually in accordance with NFPA 80 to confirm proper operation and full closure. A written record shall be maintained and be available to the fire code official.

D. The following change shall be made to Section 707, Concealed Spaces:

Change Section 707.1 to read:

707.1 Fireblocking and draftstopping. Required fireblocking and draftstopping in combustible concealed spaces shall be maintained to provide continuity and integrity of the construction.

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

A. Change Section 801.1 to read:

801.1 Scope. The provisions of this chapter shall govern interior finish, interior trim, furniture, furnishings, decorative materials and decorative vegetation in buildings.

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

Section 803 Interior Wall and Ceiling Finish and Trim in Buildings

(N)803.1 803.1 General. The provisions of this section shall apply to the maintenance of interior wall and ceiling finishes and interior wall and ceiling trim in existing buildings in accordance with the applicable building code.

C. Delete Change Section 803.1.1. to read:

D. Change Section 803.1.2 to read:

(N)803.1.2 803.1.1 Classification. Interior wall or ceiling finishes shall be classified and tested in accordance with the applicable building code.

E. D. Delete Section 803.1.2.1 803.1.1.1.

E. Delete Sections 803.1.2 and 803.1.3.

F. Change Sections 803.2 and 803.3 to read:

(N)803.2 803.2 Stability. Interior finish materials regulated by this chapter shall be applied or otherwise fastened in accordance with the applicable building code.

(N)803.3 803.3 Interior finish requirements. Interior wall and ceiling finish shall have a flame spread index not greater than that approved under the applicable building code.

G. Delete Table 803.3.

H. Change Section 803.5 to read:

(N)803.5 803.5 Textiles. Where used as interior wall or ceiling finish materials, textiles, including materials having woven or nonwoven, napped, tufted, looped or similar surface, shall comply with the requirements of the applicable building code.

I. Delete Sections 803.5.1 and, 803.5.1.1, 803.5.2, and 803.6.

J. Change Sections 803.5.2 through 803.7, 803.8, 803.10, and 803.11 to read:

(N)803.5.2 Newly introduced textile wall and ceiling coverings. Newly introduced textile wall and ceiling coverings shall be approved by the building official.

(N)803.6 803.7 Expanded vinyl wall or ceiling coverings. Expanded vinyl wall or ceiling coverings shall be maintained in accordance with the applicable building code.

(N)803.7 Facings or wood veneers intended to be applied on site over a wood substrate. Facings or veneers intended to be applied on site over a wood substrate shall be maintained in accordance with the applicable building code.

(N)803.8 Foam plastic materials. Foam plastic materials shall not be used as interior wall and ceiling finish unless specifically allowed by the applicable building code.

K. Delete Sections 803.8.1 through 803.8.3.

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

803.8 Expanded vinyl ceiling coverings. Expanded vinyl ceiling coverings shall be maintained in accordance with the applicable building code.

(N)803.10 803.10 Site-fabricated stretch systems. Where used as newly installed interior wall or interior ceiling finish materials, site-fabricated stretch systems containing all three components described in the definition in Chapter 2 shall be tested in accordance with the applicable building code.

803.11 Foam plastic materials. Foam plastic materials shall not be used as interior wall and ceiling finish unless specifically allowed by the applicable building code.

K. Delete Sections 803.11.1 and 803.11.2 and change Section 803.12 to read:

803.12 Facings or wood veneers intended to be applied on site over a wood substrate. Facings or veneers intended to be applied on site over a wood substrate shall be maintained in accordance with the applicable building code.

L. Change the title of Section 804 and Section 804.1 to read:

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

(N)804.1 804.1 Interior trim. Material, other than foam plastic, used as interior trim shall be maintained in accordance with the applicable building code.

M. Delete Section Sections 804.1.1 and 804.1.2.

N. Change Sections Section 804.2 to read:

(N)804.2 804.2 Foam plastic. Foam plastic used as interior trim shall be maintained in accordance with the applicable building code.

O. Delete Sections 804.2.1 through 804.2.4.

P. Change Sections 804.3 through 804.4 to read:

(N)804.3 804.3 Interior floor finish. Interior floor finish and floor covering materials shall be maintained in accordance with the applicable building code.

(N)804.3.1 804.3.1 Classification. Interior floor finish and floor covering materials shall be classified in accordance the applicable building code.

(N)804.3.2 804.3.2 Testing and identification. Interior floor finish and floor covering materials shall be tested in accordance with the applicable building code.

(N)804.3.3 804.3.3 Interior floor finish requirements. Interior floor coverings materials shall comply with Sections 804.3.3.1 and 804.3.3.2, and interior floor finish materials shall comply with Section 804.3.1.

(N)804.3.3.1 804.3.3.1 Testing. Floor covering material shall be testing in accordance with the applicable building code.

(N)804.3.3.2 804.3.3.2 Minimum critical radiant flux. In all occupancies, new interior floor finish and floor covering materials in enclosures for stairways and ramps, exit passageways, corridors and rooms or spaces not separated from corridors by full-height partitions extending from the floor to the underside of the ceiling shall withstand a minimum critical radiant flux as required by the applicable building code.

(N)804.4 804.4 Interior floor-wall base. Interior floor-wall base shall be maintained in accordance with the applicable building code.

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

805.1.1.2 Heat release rate. Newly introduced upholstered furniture shall have limited rates of heat release when tested in accordance with ASTM E 1537 or California Technical Bulletin 133, as follows:

1. The peak rate of heat release for the single upholstered furniture item shall not exceed 80 kW.

Exception: Upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

2. The total energy released by the single upholstered furniture item during the first 10 minutes of the test shall not exceed 25 megajoules (MJ).

Exception: Upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

805.1.2.2 Heat release rate. Newly introduced mattresses shall have limited rates of heat release when tested in accordance with ASTM E 1590 or California Technical Bulletin 129, as follows:

1. The peak rate of heat release for the single mattress shall not exceed 100 kW.

Exception: Mattresses in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

2. The total energy released by the single mattress during the first 10 minutes of the test shall not exceed 25 MJ.

Exception: Mattresses in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

805.2.1.2 Heat release rate. Newly introduced upholstered furniture shall have limited rates of heat release when tested in accordance with ASTM E 1537 or California Technical Bulletin 133, as follows:

1. The peak rate of heat release for the single upholstered furniture item shall not exceed 80 kW.

Exception: Upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

2. The total energy released by the single upholstered furniture item during the first 10 minutes of the test shall not exceed 25 MJ.

Exception: Upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

805.2.2.2 Heat release rate. Newly introduced mattresses shall have limited rates of heat release when tested in accordance with ASTM E 1590 or California Technical Bulletin 129, as follows:

1. The peak rate of heat release for the single mattress shall not exceed 100 kW.

Exception: Mattresses in rooms or spaces protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

2. The total energy released by the single mattress during the first 10 minutes of the test shall not exceed 25 MJ.

Exception: Mattresses in rooms or spaces protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

805.4.1.2 Heat release rate. Newly introduced upholstered furniture shall have limited rates of heat release when tested in accordance with ASTM E 1537 or California Technical Bulletin 133, as follows:

1. The peak rate of heat release for the single upholstered furniture item shall not exceed 80 kW.

Exception: Upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

2. The total energy released by the single upholstered furniture item during the first 10 minutes of the test shall not exceed 25 MJ.

Exception: Upholstered furniture in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

805.4.2.2 Heat release rate. Newly introduced mattresses shall have limited rates of heat release when tested in accordance with ASTM E 1590 or California Technical Bulletin 129, as follows:

1. The peak rate of heat release for the single mattress shall not exceed 100 kW.

Exception: Mattresses in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

2. The total energy released by the single mattress during the first 10 minutes of the test shall not exceed 25 MJ.

Exception: Mattresses in rooms or spaces protected by an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

R. Change the title of Section 806 and Exception 1 in Section 806.1.1 and add exception Exception 3 in Section 806.1.1 to read:

Section 806 Decorative Vegetation in Buildings

1. Trees located in areas protected by an automatic sprinkler system in accordance with the applicable NFPA 13 standard.

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

S. Change the title of Section 807 and exception 1 in Section 807.3 and Exceptions 1 and 2 in Section 807.2 to read:

Section 807 Decorative Materials Other Than Decorative Vegetation in Buildings

1. In auditoriums in Group A, the permissible amount of curtains, draperies, fabric hangings, and other similar combustible decorative material materials suspended from walls or ceilings shall not exceed 75% of the aggregate wall area where the building is equipped throughout with an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard building code and where the material is installed in accordance with Section 803.15 of the applicable building code International Building Code.

2. In Group R-2 dormitories, within sleeping units and dwelling units, the permissible amount of curtains, draperies, fabric hangings, and similar decorative materials suspended from walls or ceilings shall not exceed 50% of the aggregate wall areas where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard.

T. Change exception 2 in Section 807.3 to read:

2. In dwelling units or sleeping rooms in Group R-2 dormitories, the permissible amount of decorative material suspended from or attached to the walls shall not exceed 50% of the aggregate area of the walls where the building has an approved automatic sprinkler system or 20% of the aggregate area of the walls where approved smoke alarms are provided and in the corridors of such buildings, the permissible amount of decorative material suspended from or attached to the walls shall not exceed 10% of the aggregate area of the walls.

U. T. Change the Exception to 807.4 to read:

Exception: Testing of artificial vegetation is not required in Group I-1; Group I-2, Condition 1; Group R-2; Group R-3; or Group R-4 occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard, where such artificial vegetation complies with the following:

1. Wreaths or other decorative items on doors shall not obstruct the door operation and shall not exceed 50% of the surface area of the door.

2. Decorative artificial vegetation shall be limited to not more than 30% of the wall area to which it is attached.

3. Decorative artificial vegetation not on doors or walls shall not exceed 3 feet (914 mm) in any dimension.

U. Change Section Sections 807.5.1.2 and 807.5.2.1 to read:

807.5.1.2 Motion picture screens. The screens upon which motion pictures are projected in buildings of Group A shall either meet the flame propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 or shall comply with the requirements for a Class B interior finish in accordance with the applicable building code.

V. Change Section 807.5.2.1 to read:

807.5.2.1 Storage in corridors and lobbies. Clothing and personal effects shall not be stored in corridors and lobbies.

Exceptions:

1. Corridors protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

2. Corridors protected by an approved fire alarm system installed in accordance with NFPA 72.

3. Storage in metal lockers, provided the minimum required egress width is maintained.

W. V. Change Sections 807.5.3.1 through 807.5.3.4 to read:

807.5.3.1 Group I-1 and Group I-2 Condition 1 within units. In Group I-1 and Group I-2 Condition 1 occupancies, equipped with an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard, within sleeping units and dwelling units, combustible decorative materials placed on walls shall be limited to not more than 50% of the wall area to which they are attached.

807.5.3.2 In Group I-1 and Group I-2 Condition 1 for areas other than within units. In Group I-1 and Group I-2 Condition 1 occupancies, equipped with an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard, combustible decorative materials placed on walls in areas other than within dwelling and sleeping units shall be limited to not more than 30% of the wall area to which they are attached.

807.5.3.3 In Groups I-2 Condition 2. In Group I-2 Condition 2 occupancies, equipped with an approved automatic sprinkler system installed in accordance with the applicable NFPA 13 standard, combustible decorative materials placed on walls shall be limited to not more than 30% of the wall area to which they are attached.

807.5.3.4 Other areas in Groups I-1 and I-2. In Group I-1 and I-2 occupancies, in areas not equipped with an approved automatic sprinkler system, combustible decorative materials shall be of such limited quantities that a hazard of fire development or spread is not present.

X. W. Change Section 807.5.5.1 to read:

807.5.5.1 Storage in corridors and lobbies. Clothing and personal effects shall not be stored in corridors and lobbies.

Exceptions:

1. Corridors protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

2. Corridors protected by an approved fire alarm system installed in accordance with Section 907.

3. Storage in metal lockers, provided the minimum required egress width is maintained.

Y. X. Change the title of Section 808 and Sections 808.1 and, 808.2, and 808.4 to read:

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

808.1 Wastebaskets and linen containers in Groups I-1, I-2, and I-3 occupancies and Group B ambulatory care facilities. Wastebaskets, linen containers, and other waste containers, including their lids, located in Groups I-1, I-2, and I-3 occupancies shall be constructed of noncombustible materials or of materials that meet a peak rate of heat release not exceeding 300 kW/m² when tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m² in the horizontal orientation. Metal wastebaskets and other metal waste containers with a capacity of 20 gallons (75.7 L) or more shall be listed in accordance with UL 1315 and shall be provided with a noncombustible lid. Portable containers exceeding 32 gallons (121 L) shall be stored in an area classified as a waste and linen collection room and constructed in accordance with the applicable building code.

808.2 Waste containers with a capacity of 20 gallons or more in Group R-2 college and university dormitories. Waste containers, including their lids, located in Group R-2 college and university dormitories, and with a capacity of 20 gallons (75.7 L) or more, shall be constructed of noncombustible materials or of materials that meet a peak rate of heat release not exceeding 300 kW/m² when tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m² in the horizontal orientation. Metal wastebaskets and other metal waste containers with a capacity of 20 gallons (75.7 L) or more shall be listed in accordance with UL 1315 and shall be provided with a noncombustible lid. Portable containers exceeding 32 gallons (121 L) shall be stored in an area classified as a waste and linen collection room constructed in accordance with the applicable building code.

808.4 Combustible lockers. Where lockers constructed of combustible materials are used, the lockers shall be considered to be interior finish and shall comply with Section 803.

Exception: Lockers constructed entirely of wood and noncombustible materials shall be permitted to be used wherever interior finish materials are required to meet Class C classification in accordance with the applicable building code.

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

A. The following changes shall be made to Section 901, General:

1. Change Section 901.1 to read:

901.1 Scope. The provisions of this chapter shall apply to the inspection, operation, testing and maintenance of all fire protection systems.

2. Delete Sections 901.2 and 901.2.1.

3. Change Section 901.3 to read:

901.3 Permits. Permits shall be required as set forth in Section 107.2.

4. Change Sections 901.4 and 901.4.1 to read:

(N)901.4 901.4 Maintenance and alterations. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Alterations and repairs to fire protection systems shall be done in accordance with the applicable building code and the applicable standards.

(N)901.4.1 901.4.1 Required fire protection systems. Fire protection systems shall be repaired, operated, tested and maintained in accordance with this code. A fire protection system for which a design option, exception or reduction to the provisions of this code or the applicable building code has been granted shall be considered to be a required system.

5. Change Section 901.4.2 to read:

901.4.2 Nonrequired fire protection systems. Nonrequired fire protection systems shall be maintained to function as originally installed. If any such systems are to be reduced in function or discontinued, approval shall be obtained from the building official in accordance with Section 103.8.1 103.3.1 of Part I of the USBC (13VAC5-63-30 E).

6. Change Section 901.4.3 to read:

(N)901.4.3 901.4.3 Fire areas. Where buildings, or portions thereof, are divided into fire areas so as not to exceed the limits established for requiring a fire protection system in accordance with the applicable building code, such fire areas shall be maintained.

7. Delete Section 901.4.4.

8. Change Section Sections 901.4.6, 901.4.6.3, and 901.4.6.4 to read:

(N)901.4.6 901.4.6 Pump and riser room size. Where provided, fire pump rooms and automatic sprinkler system riser rooms shall maintain clearances around equipment to elements of permanent construction, including other installed equipment and appliances, and shall be sufficient to allow inspection, service, repair or replacement without removing such elements of permanent construction or disabling the function of a required fire-resistance-rated assembly. Passageways provided for the removal of equipment shall remain unobstructed.

901.4.6.3 Environment. Suitable means shall be provided for maintaining the temperature in automatic sprinkler system riser rooms and fire pump rooms above 40°F (5°C).

901.4.6.4 Lighting. Permanently installed artificial illumination in automatic sprinkler system riser rooms and fire pump rooms shall be maintained in accordance with the applicable building code.

9. Delete Section 901.5.1.

10. Change Add Section 901.5.2 to read:

901.5.2 Hydrant and fire service main acceptance testing. Fire hydrant systems and private fire service mains shall be subject to acceptance tests as contained in the installation standards and as approved by the fire code official. The fire code official shall be notified before any required acceptance testing.

11. Change Section 901.6 to read:

901.6 Inspection, testing and maintenance. To the extent that equipment, systems, devices, and safeguards, such as fire detection, alarm and extinguishing systems, which were provided and approved by the building official when constructed, shall be maintained in an operative condition at all times. And where such equipment, systems, devices, and safeguards are found not to be in an operative condition, the fire official shall order all such equipment to be rendered safe in accordance with the USBC.

12. Change Sections 901.7.1 through 901.7.6 and add Section 901.7.7 to read:

901.7.1 Modifications during impairment. The fire code official is authorized to require safeguards in a building or fire area when the required fire protection is out of service. Those safeguards may be based upon the provisions of the applicable building code or other recognized safety standards.

901.7.2 Impairment coordinator. The building owner shall assign an impairment coordinator to comply with the requirements of this section. In the absence of a specific designee, the owner shall be considered the impairment coordinator.

901.7.3 Tag required. A tag shall be used to indicate that a system or portion thereof has been removed from service.

901.7.4 Placement of tag. The tag shall be posted at each fire department connection, system control valve, fire alarm control unit, fire alarm annunciator and fire command center indicating which system or part thereof has been removed from service. The fire code official shall specify where the tag is to be placed.

901.7.5 Preplanned impairment programs. Preplanned impairments shall be authorized by the impairment coordinator. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented:

1. The extent and expected duration of the impairment have been determined.

2. The areas or buildings involved have been inspected and the increased risks determined.

3. Recommendations have been submitted to management or the building owner or manager.

4. The fire department has been notified.

5. The insurance carrier, the alarm company, the building owner or manager and other authorities having jurisdiction have been notified.

6. The supervisors in the areas to be affected have been notified.

7. A tag impairment system has been implemented.

8. Necessary tools and materials have been assembled on the impairment site.

901.7.6 Emergency impairments. Where unplanned impairments occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4.

901.7.7 Restoring systems to service. When impaired equipment is restored to normal working order, the impairment coordinator shall verify that all of the following procedures have been implemented:

1. Necessary inspections and tests have been conducted to verify that affected systems are operational.

2. Supervisors have been advised that protection is restored.

3. The fire department has been advised that protection is restored.

4. The building owner or manager, insurance carrier, alarm company and other involved parties have been advised that protection is restored.

5. The impairment tag has been removed.

13. Change Section 901.8 to read:

901.8 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with, or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, or other fire appliance required by this code or the applicable building code except for the purpose of extinguishing fire, for training purposes, for recharging or making necessary repairs, or where approved by the fire code official.

14. Change Section 901.8.2 to read:

901.8.2 Removal of existing occupant-use hose lines. The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following conditions exist:

1. Installation is not required by this code or the applicable building code.

2. The hose line would not be utilized by trained personnel or the fire department.

3. The remaining outlets are compatible with local fire department fittings.

15. Add Section 901.11 to read:

901.11 Defective equipment. When the fire official determines through investigation or testing or reports by a nationally recognized testing agency that specific, required water sprinkler or water-spray extinguishing equipment has been identified as failing to perform or operate through not less than 30 randomly selected sprinkler heads at four or more building sites anywhere in the nation, the fire official shall order all such equipment to be rendered safe.

B. The following changes shall be made to Section 903, Automatic Sprinkler Systems:

1. Delete Sections 903.1.1 through 903.2.11.1.3, including Tables.

2. Change Section 903.2.11.2 to read:

(N)903.2.11.2 903.2.11.2 Rubbish and linen chutes. Access to automatic sprinkler systems shall be maintained for servicing of the automatic sprinkler system components.

3. Delete Sections 903.2.11.3 through 903.2.11.6, including Tables.

4. Change Sections 903.2.12 and 903.3 to read:

(N)903.2.12 903.2.12 During construction and demolition. Automatic sprinkler systems required by the applicable building code during construction, alteration and demolition operations shall be maintained in accordance with Chapter 33.

(N)903.3 903.3 Installation requirements. Automatic sprinkler systems shall be maintained in accordance with the applicable building code.

5. Delete Sections 903.3.1 through 903.3.5.2.

6. Change Sections Section 903.3.6 to read:

(N)903.3.6 903.3.6 Hose threads. Fire hose threads and fittings used in connection with automatic sprinkler systems shall be maintained as approved by the fire code official.

7. Delete Sections 903.3.7 through 903.3.8.4.

8. Change Sections Section 903.3.8.5 to read:

(N)903.3.8.5 903.3.8.5 Calculations. When required by inspections, testing, and maintenance provisions of NFPA 25, hydraulic calculations shall be provided to demonstrate that the available water flow and pressure are adequate to supply all sprinklers installed in any single fire area with discharge densities corresponding to the hazard classification.

9. Delete Sections 903.4 through 903.4.3.

10. Change Section 903.6 to read:

903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided in existing buildings and structures in accordance with Section 102.7 of this code.

C. The following changes shall be made to Section 904, Alternative Automatic Fire-Extinguishing Systems:

1. Change Sections 904.1 and 904.1.1 to read:

(N)904.1 904.1 General. Automatic fire-extinguishing systems, other than automatic sprinkler systems, shall be inspected, tested and maintained in accordance with the provisions of this section and the applicable referenced standards.

904.1.1 Certification of service personnel for fire-extinguishing equipment. Service personnel providing or conducting maintenance on automatic fire-extinguishing systems, other than automatic sprinkler systems, shall possess a valid certificate issued by an approved agency or other approved organization for the type of system and work performed.

2. Delete Section Sections 904.2 and 904.2.1.

3. Change Sections 904.2.2 and 904.3 to read:

(N)904.2.2 904.2.2 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 319.4 for mobile food preparation vehicles to have a Type I hood shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code.

(N)904.3 904.3 Installation. Automatic fire-extinguishing systems shall be installed in accordance with Annex B of NFPA 96 when required in mobile food preparation vehicles.

4. Delete Sections 904.3.1 through 904.4.3.

5. Change Section 904.5 to read:

904.5 Wet-chemical systems. Wet-chemical extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 17A and their listing. Records of inspections and testing shall be maintained.

6. Change Section 904.6 to read:

904.6 Dry-chemical systems. Dry-chemical extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 17 and their listing. Records of inspections and testing shall be maintained.

7. Change Section 904.7 to read:

904.7 Foam systems. Foam-extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 11 and NFPA 16 and their listing. Records of inspections and testing shall be maintained.

8. Change Section 904.8 to read:

904.8 Carbon dioxide systems. Carbon dioxide extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 12 and their listing. Records of inspections and testing shall be maintained.

9. Change Section 904.9 to read:

904.9 Halon systems. Halogenated extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 12A and their listing. Records of inspections and testing shall be maintained.

10. Change Section 904.10 to read:

904.10 Clean-agent systems. Clean-agent fire-extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 2001 and their listing. Records of inspections and testing shall be maintained.

11. Change Section 904.11 to read:

(N)904.11 904.11 Automatic water mist systems. Automatic water mist systems shall be maintained in accordance with NFPA 25 and the manufacturer's instructions.

12. Delete Sections 904.11.1.1 through 904.11.2.3.

13. Change Sections 904.12 through 904.12.2 to read:

(N)904.12 904.12 Commercial cooking systems. Automatic fire-extinguishing systems for commercial cooking shall comply with this section.

(N)904.12.1 904.12.1 Manual system operation. Where provided, manual actuation devices shall be maintained as installed in accordance with the applicable building code and shall not be obstructed.

(N)904.12.2 904.12.2 System interconnection. Where required by the applicable building code, the actuation of the fire extinguishing system shall automatically shut down the fuel or electrical power supply to the cooking equipment. The fuel and electrical supply reset shall be manual.

14. Delete Sections 904.12.3 through 904.12.4.

15. Change Sections Section 904.12.4.1 to read:

(N)904.12.4.1 904.12.4.1 Listed sprinklers. Sprinklers replaced in accordance with NFPA 25, which are used for the protection of fryers, shall be tested in accordance with UL 199E, listed for that application, and installed in accordance with their listing.

16. Change Section 904.12.6.1 904.12.5.1 to read:

(N)904.12.6.1 904.12.5.1 Existing automatic fire-extinguishing systems. Where a change in the cooking media, positioning of cooking equipment, or replacement of cooking equipment occurs in existing commercial cooking systems, the automatic fire-extinguishing system shall be required to comply with the applicable building code.

17. Delete Sections 904.13 through 904.13.2 904.13.1.2.

18. Change Section 904.14 to read:

904.14 Aerosol fire-extinguishing systems. Aerosol fire-extinguishing systems shall be periodically inspected, tested and maintained in accordance with Section 901 and NFPA 2010 and in accordance with their listing.

D. The following changes shall be made to Section 905, Standpipe Systems:

1. Change Sections 905.1 and 905.2 to read:

(N)905.1 905.1 General. Standpipe systems shall be inspected, tested and maintained in accordance with the provisions of this section and the applicable referenced standards.

(N)905.2 905.2 Maintenance standard. Standpipe systems shall be maintained in accordance with this section and NFPA 14. Fire department connections for standpipe systems shall be in accordance with Section 912.

2. Delete Sections 905.3 through 905.3.4.

3. Change Sections Section 905.3.4.1 to read:

(N)905.3.4.1 905.3.4.1 Hose and cabinet. Where required by the applicable building code, hose connections shall be equipped with sufficient lengths of 1-1/2-inch (38 mm) hose to provide fire protection for the required area. Hoses shall be equipped with an approved adjustable fog nozzle and be mounted in a cabinet or on a rack.

4. Delete Sections 905.3.5 and 905.3.6.

5. Change Section 905.3.7 to read:

(N)905.3.7 905.3.7 Marinas and boatyards. Standpipes in marinas and boatyards shall comply with Chapter 36.

6. Delete Sections 905.3.8 through 905.5.2.

7. Change Section 905.5.3 to read:

(N)905.5.3 905.5.3 Class II system 1-inch hose. A minimum 1-inch (25 mm) hose shall be allowed to be used for hose stations in light-hazard occupancies where investigated and listed for this service and where approved by the fire code official.

8. Delete Sections 905.6 through 905.6.2.

9. Change Sections 905.7 through 905.7.2 to read:

(N)905.7 905.7 Cabinets. Cabinets containing firefighting equipment, such as standpipes, fire hose, fire extinguishers or fire department valves, shall not be blocked from use or obscured from view.

(N)905.7.1 905.7.1 Cabinet equipment identification. Cabinets shall be identified in an approved manner by a permanently attached sign with letters not less than 2 inches (51 mm) high in a color that contrasts with the background color indicating the equipment contained therein.

Exceptions:

1. Doors not large enough to accommodate a written sign shall be marked with a permanently attached pictogram of the equipment contained therein.

2. Doors that have either an approved visual identification clear glass panel or a complete glass door panel are not required to be marked.

(N)905.7.2 905.7.2 Locking cabinet doors. Cabinets shall be unlocked.

Exceptions:

1. Visual identification panels of glass or other approved transparent frangible material that is easily broken and allows access.

2. Approved locking arrangements.

3. Group I-3 occupancies.

10. Delete Sections 905.8 and 905.9.

11. Change Section 905.10 to read:

(N)905.10 905.10 During construction. Standpipe systems required during construction and demolition operations shall comply with Chapter 33.

12. Delete Section Sections 905.11 and 905.12.

E. The following changes shall be made to Section 906, Portable Fire Extinguishers:

1. Change Item 1 in Section 906.1 to read:

1. In Group Groups 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 with quick response sprinklers, portable fire extinguishers shall be required only in locations specified in Items 2 through 6.

2. In Group I-3 occupancies, portable fire extinguishers shall be permitted to be located at staff locations and the access to such extinguishers shall be permitted to be locked.

2. Add a note to Section 906.1 to read:

Note: In existing buildings, whether fire extinguishers are needed is determined by the USBC or other code in effect when such buildings were constructed.

3. Change Section 906.2.1 to read:

906.2.1 Certification of service personnel for portable fire extinguishers. Service personnel providing or conducting maintenance on portable fire extinguishers shall possess a valid certificate issued by an approved agency, or other approved organization for the type of work performed.

F. The following changes shall be made to Section 907, Fire Alarm and Detection Systems:

1. Change Section 907.1 to read:

907.1 General. This section covers the performance and maintenance of fire alarm systems and their components in buildings and structures.

2. Delete Sections 907.1.1 and 907.1.2.

3. Change Section 907.1.3 to read:

(N)907.1.3 907.1.3 Equipment. Systems and components not regulated by the applicable building code shall be listed and approved for the purpose for which they are installed.

4. Delete Sections 907.2 through 907.2.6.3.2.

5. Delete Sections 907.2.6.3.3 through 907.2.10.3 907.2.9.3.

6. Change Section 907.2.11 907.2.10 to read:

(N)907.2.11 907.2.10 Single-station and multiple-station smoke alarms. Alarms not required by the applicable building code shall be listed single-station and multiple-station smoke alarms complying with UL 217 and installed in accordance with the manufacturer's instructions and NFPA 72.

7. Delete Sections 907.2.11.1 907.2.10.1 through 907.3.1.

8. Change Sections 907.3.2 and 907.3.3 to read:

(N)907.3.2 Delayed egress locks 907.3.2 Special locking systems. Where delayed egress locks special locking systems are installed on means of egress doors, they shall be maintained as installed in accordance with the applicable building code.

(N)907.3.3 907.3.3 Elevator emergency operation. Automatic fire detectors installed for elevator emergency operation shall be maintained as provided by the applicable building code.

9. Delete Sections 907.3.4 through 907.4.1.

10. Change Section 907.4.2 to read:

(N)907.4.2 907.4.2 Manual fire alarm boxes. Manual fire alarm boxes or pull stations shall be maintained as provided in accordance with the applicable building code.

11. Delete Sections 907.4.2.1 and 907.4.2.2.

12. Change Sections 907.4.2.3 and 907.4.2.5 to read:

(N)907.4.2.3 907.4.2.3 Color. Manual fire alarm boxes shall be maintained as installed unless otherwise approved.

907.4.2.5 Protective covers. The fire code official is authorized to require the installation of listed manual fire alarm box protective covers to prevent malicious false alarms or to provide the manual fire alarm box with protection from physical damage. The protective cover shall be transparent or red in color with a transparent face to permit visibility of the manual fire alarm box. Each cover shall include proper operating instructions. A protective cover that emits a local alarm signal shall not be installed unless approved. Protective covers shall not reduce the required means of egress width.

13. Delete Sections 907.4.3 through 907.5.

14. Change Section 907.5.1 to read:

(N)907.5.1 907.5.1 Presignal feature. A presignal feature shall not be utilized unless approved by the fire code official and the fire department. Where a presignal feature is provided, a signal shall be annunciated at a constantly attended location approved by the fire department so that occupant notification can be activated in the event of fire or other emergency.

15. Delete Sections 907.5.2 through 907.5.2.2.3.

16. Change Section 907.5.2.2.4 to read:

(N)907.5.2.2.4 907.5.2.2.4 Emergency voice or alarm communication captions. Where stadiums, arenas and grandstands are required to caption audible public announcements in accordance with of the applicable building code, the emergency or voice alarm communication system shall be captioned. Prerecorded or live emergency captions shall be from an approved location constantly attended by personnel trained to respond to an emergency.

17. Delete Sections 907.5.2.2.5 through 907.6.2.

18. Change Section 907.6.3 to read:

(N)907.6.3 907.6.3 Initiating device identification. The fire alarm systems that identify the specific initiating device address, location, device type, floor level where applicable, and status, including indication of normal, alarm, trouble and supervisory status, shall be maintained as provided in accordance with the applicable building code.

19. Delete Sections 907.6.3.1 through 907.6.4.2.

20. Change Sections 907.6.5 through 907.6.6 to read:

(N)907.6.5 907.6.5 Access. Access to each fire alarm device and notification appliance for periodic inspection, maintenance and testing shall not be obstructed.

(N)907.6.6 907.6.6 Monitoring. The monitoring of fire alarm systems required by the applicable building code shall be maintained in accordance with NFPA 72.

21. Delete Sections 907.7 through 907.7.2.

22. Change Section 907.7.3 to read:

907.7.3 Instructions. Operating, testing and maintenance instructions and existing record drawings ("as builts") and equipment specifications shall be provided at an approved location.

23. Change Section 907.8.2 to read:

907.8.2 Testing. Testing shall be performed in accordance with the schedules in Chapter 10 of NFPA 72 or more frequently where required by the fire code official. Where automatic testing is performed at least weekly by a remotely monitored fire alarm control unit specifically listed for the application, the manual testing frequency shall be permitted to be extended to annual. In Group R-1 occupancies, battery-powered single station smoke detectors shall be tested and inspected at one-month intervals.

Exception: Devices or equipment that are inaccessible for safety considerations shall be tested during scheduled shutdowns where approved by the fire code official, but not less than every 18 months.

24. Change Section 907.8.5 to read:

907.8.5 Maintenance, inspection and testing. The building owner shall be responsible for maintaining the fire and life safety systems in an operable condition at all times. Service personnel shall meet the qualification requirements of NFPA 72 for maintaining, inspecting and testing such systems. A written record shall be maintained and shall be made available to the fire code official. In addition to all applicable information contained in Figure 7.8.2 of NFPA 72, the written record of inspections, testing and maintenance shall contain the following minimum information:

1. Date, name and address of property.

2. Name of person performing inspection, maintenance and tests, or combination thereof, and affiliation, business address and telephone number.

3. Name, address and representative of approving agency or agencies.

4. Test frequency.

5. Designation of the detector or detectors tested (for example, "Test performed in accordance with Section _______.").

6. Physical location (for example, "Heat detector in main kitchen; horn-strobe in Room 115.") and a list of all initiating and notification devices and appliances tested.

7. Functional list of detectors and required sequence of operations.

8. Check of all smoke detectors.

9. Loop resistance for all fixed-temperature, line-type detectors.

10. Other tests as required by either the equipment manufacturer'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.").

25. Delete Section 907.9.

G. The following changes shall be made to Section 908, Emergency Alarm Systems:

Change Sections 908.1 through 908.7 and 908.2 to read:

908.1 Group H occupancies. Emergency alarms for the detection and notification of an emergency condition in Group H occupancies shall be maintained as provided in accordance with the applicable building code.

(N)908.2 908.2 Group H-5 occupancy. Emergency alarms for notification of an emergency condition in a hazardous production material (HPM) facility shall be maintained as provided in accordance with the applicable building code. Continuous gas detection systems shall be maintained for HPM gases as provided in accordance with the applicable building code.

(N)908.3 Highly toxic and toxic materials. Where required by the applicable building code for highly toxic and toxic materials, gas detection systems shall be maintained.

(N)908.4 Ozone gas-generator rooms. Where required by the applicable building code, gas detection systems provided in ozone gas-generator rooms shall be maintained.

(N)908.5 Repair garages. A flammable-gas detection system provided in accordance with the applicable building code in repair garages for vehicles fueled by nonodorized gases shall be maintained.

(N)908.6 Refrigeration systems. Refrigeration system machinery rooms provided with refrigerant detection in accordance with the applicable building code shall be maintained.

908.7 Carbon dioxide systems. Emergency alarm systems provided in accordance with the applicable building code shall be maintained.

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

1. Change Section 909.1 to read:

(N)909.1 909.1 Scope and purpose. This section applies to the inspection, testing, and maintenance of mechanical or passive smoke control systems. The purpose of these systems to provide a tenable environment for the evacuation or relocation of occupants. These provisions are not intended for the preservation of contents, the timely restoration of operations, or for assistance in fire suppression or overhaul activities.

2. Delete Sections 909.2 through 909.4.5.

3. Change Section 909.4.6 to read:

(N)909.4.6 909.4.6 Duration of operation. All portions of active or engineered smoke control systems shall be capable of continued operation after detection of the fire event for a period of not less than that required by the applicable building code.

4. Delete Section 909.4.7.

5. Change Section 909.5 to read:

(N)909.5 909.5 Smoke barriers. Smoke barriers required for passive smoke control and smoke control systems using the pressurization method shall be maintained in accordance with Chapter 7 of this code.

6. Delete Sections 909.5.1 and 909.5.2.

7. Change Section 909.5.3 to read:

(N)909.5.3 909.5.3 Opening protection. Protection of openings in smoke barriers shall be maintained in accordance with Chapter 7.

8. Delete Section 909.5.3.1.

9. Change Section 909.5.3.2 to read:

(N)909.5.3.2 909.5.3.2 Ducts and air transfer openings. Protection of ducts and air transfer openings shall be maintained in accordance with Chapter 7.

10. Delete Sections 909.6 through 909.10.4.

11. Change Sections 909.10.5 through 909.11.1 to read:

(N)909.10.5 909.10.5 Fans. Motors driving fans associated with smoke control systems shall not be operated beyond their nameplate horsepower (kilowatts) as determined from measurement of actual current draw and shall have a minimum service factor of 1.15.

(N)909.11 909.11 Standby power. Standby power provided for smoke control systems shall be maintained in accordance with Section 604 1203.

(N)909.11.1 909.11.1 Equipment room. Fire barriers associated with equipment rooms servicing smoke control systems shall be maintained in accordance with Chapter 7.

12. Delete Sections 909.11.2 through 909.13.3.

13. Change Sections 909.14 and 909.15 to read:

909.14 Marking and identification. The detection and control systems shall be clearly marked at all junctions, accesses and terminations.

909.15 Control diagrams. Identical control diagrams showing all devices in the system and identifying their location and function shall be maintained current and kept on file with the fire code official, with the fire department, and in the fire command center in a format and manner approved by the fire chief.

14. Delete Sections 909.16 and 909.16.1.

15. Change Section 909.16.2 to read:

(N)909.16.2 909.16.2 Smoke control panel. The firefighter's control panel shall maintain control capability over the complete smoke control system equipment within the building in accordance with the applicable building code.

16. Delete Section 909.16.3.

17. Change Sections Section 909.17 and 909.18 to read:

(N)909.17 909.17 System response time. Smoke-control system activation, including all associated components, shall be initiated in accordance with its design. The total response time shall not be less than the requirements specified in the design.

(N)909.18 Acceptance testing.

18. Delete Sections 909.18.1 909.18 through 909.18.8.3.

19. Change Sections 909.18.8.3.1 and 909.18.9 to read:

(N)909.18.8.3.1 909.18.8.3.1 Report filing. A copy of the final report required by the applicable building code shall be filed with the fire code official and an identical copy shall be maintained in an approved location at the building.

(N)909.18.9 909.18.9 Identification and documentation. Copies of charts, drawings, and other documents identifying and locating each component of the smoke control system and describing their proper function and maintenance requirements shall be maintained on file at the building. Devices shall have an approved identifying tag or mark on them consistent with such copies and shall be dated indicating the last time they were successfully tested and by whom.

20. Delete Section 909.19.

21. Change Sections 909.20.1, 909.20.6, and 909.21 to read:

909.20.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and approved by the fire code official in accordance with Chapter 9 of the applicable building code.

(N)909.20.6 909.20.6 Components bypassing weekly test. Where components of the smoke control system are bypassed by the preprogrammed weekly test in accordance with the applicable building code, such components shall be tested semiannually. The system shall be tested under standby power conditions.

(N)909.21 909.21 Elevator hoistway pressurization alternative. Where elevator hoistway pressurization is provided in lieu of required enclosed elevator lobbies, the pressurization system shall be maintained in accordance with Section 909.

22. Delete Sections 909.21.1 through 909.21.2.

23. Change Sections 909.21.3 through 909.21.4.1 to read:

(N)909.21.3 909.21.3 Ducts for system. Any duct system protected with a fire-resistance rating shall be maintained in accordance with Chapter 7.

(N)909.21.4 909.21.4 Fan system. The fan system provided for the pressurization system shall comply with Sections 909.21.4.1.

(N)909.21.4.1 909.21.4.1 Fire resistance. Where provided in accordance with the applicable building code, the fire-resistance rating required for the elevator shaft enclosure shall be maintained in accordance with Chapter 7.

24. Delete Sections 909.21.4.2 through 909.21.4.4.

25. Change Section 909.21.5 to read:

(N)909.21.5 909.21.5 Standby power. Standby power systems for pressurization systems shall be maintained in accordance with Section 604 1203.

26. Delete Sections 909.21.6 and 909.21.7.

27. Change Sections 909.21.8 and 909.21.9 to read:

(N)909.21.8 909.21.8 Marking and identification. Detection and control systems shall be marked in accordance with Section 909.14.

(N)909.21.9 909.21.9 Control diagrams. Control diagrams shall be provided in accordance with Section 909.15.

28. Delete Section 909.21.10.

29. Change Section 909.21.11 to read:

(N)909.21.11 909.21.11 System response time. Hoistway pressurization systems response time shall be maintained in accordance with the requirements for smoke control system response time in the applicable building code.

I. The following changes shall be made to Section 910, Smoke and Heat Removal:

1. Change Section 910.1 to read:

(N)910.1 910.1 General. Where required by the applicable building code, smoke and heat vents or mechanical smoke removal systems shall be maintained as installed.

2. Delete Sections 910.2 through 910.3.3.

3. Change Section 910.4 to read:

(N)910.4 910.4 Mechanical smoke removal systems. Mechanical smoke removal systems provided shall be maintained as installed in accordance with the applicable building code.

4. Delete Sections 910.4.1 through 910.4.7.

J. The following changes shall be made to Section 911, Explosion Control:

1. Change Section 911.1 to read:

(N)911.1 911.1 General. Explosion control systems and components shall be maintained and operated in accordance with NFPA 69, or NFPA 495, as applicable. Deflagration venting shall not be used as a means to protect buildings from detonation hazards.

2. Delete Table 911.1 and Sections 911.2 through 911.4.

K. The following changes shall be made to Section 912, Fire Department Connections:

1. Delete Sections 912.1 through 912.2.1.

2. Change Section 912.6 to read:

(N)912.6 912.6 Backflow protection. The potable water supply to automatic sprinkler and standpipe systems protected against backflow as required by the applicable building code shall be maintained in accordance with NFPA 25.

L. The following changes shall be made to Section 913, Fire Pumps:

1. Change Sections 913.1 through 913.2.1 to read:

(N)913.1 913.1 General. Where provided, fire pumps shall be maintained in accordance with the applicable building code.

(N)913.2 913.2 Protection against interruption of service. The fire pump, driver and controller shall be maintained in accordance with the applicable building code.

(N)913.2.1 913.2.1 Protection of fire pump rooms. Rooms where fire pumps are separated from all other areas of the building by a fire-rated assembly in accordance with the applicable building code shall be maintained in accordance with Chapter 7.

2. Delete Section 913.2.2.

3. Change Sections 913.3 and 913.4 to read:

(N)913.3 913.3 Temperature of pump room. Suitable means shall be provided for maintaining the temperature of a pump room or pump house above 40°F (5°C).

(N)913.4 913.4 Valve supervision. Where provided, the fire pump suction, discharge and bypass valves, and isolation valves on the backflow prevention device or assembly shall be maintained in accordance with the applicable building code.

4. Delete Section 913.5.1.

M. The following changes shall be made to Section 914, Fire Protection Based on Special Detailed Requirements of Use and Occupancy:

1. Delete Sections 914.1 through 914.2.3.

2. Change Section 914.2.4 to read:

914.2.4 Fire department access to equipment. Rooms or areas containing controls for air-conditioning systems, automatic fire-extinguishing systems, automatic sprinkler systems, or other detection, suppression, or control elements shall be identified for use by the fire department.

3. Delete Sections 914.3 through 914.11.3, including Tables.

N. The following changes shall be made to Section 915, Carbon Monoxide Detection:

1. Change Section 915.1 to read:

(N)915.1 915.1 General. Where provided, carbon monoxide detection shall be installed in accordance with the applicable building code.

2. Delete Sections 915.1.1 through 915.5.3.

3. Change Section 915.6 to read:

915.6 Maintenance. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced.

O. The following changes shall be made to Section 916, Gas Detection Systems:

1. Change Section 916.1 to read:

916.1 Gas detection systems. Gas detection systems shall be maintained in accordance with the applicable building code.

2. Delete Sections 916.2 through 917.

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

A. The following changes shall be made to Section 1001, Administration:

1. Change Section 1001.1 to read:

1001.1 General. Means of egress systems for buildings or portions thereof shall be maintained in accordance with the applicable building code and Section 1031.

2. Add Section 1001.3 to read:

1001.3 Overcrowding. Overcrowding, admittance of any person beyond the approved occupant load established by the USBC or other building code under which the building was constructed, or obstructing aisles, passageways, or any part of the means of egress shall not be allowed. The fire code official, upon finding any condition that constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.

3. Add Section 1001.4 to read:

1001.4 Unauthorized use of emergency supplemental hardware. No person shall utilize any approved emergency supplemental hardware to prevent the ingress or egress from any occupied space.

Exceptions:

1. Utilized by authorized persons or other persons occupying such space in the event of any actual or perceived hostile threat or active shooter event.

2. Utilized in conjunction with any approved lockdown drill requiring the utilization of the approved emergency supplemental hardware.

3. Utilization for the testing, use, and training by emergency response personnel.

Where such device is utilized in accordance with the Exceptions 1, 2, and 3, the hardware device shall be removed immediately following the conditions of such exceptions.

B. The following changes shall be made to Section 1003, General Means of Egress:

1. Change Section 1003.1 to read:

(N)1003.1 1003.1 Applicability. The general requirements specified in Sections 1003 through 1015 shall apply to the maintenance of the building.

2. Change Section 1003.2 to read:

(N)1003.2 1003.2 Ceiling height. The means of egress ceiling height shall be maintained in accordance with the applicable building code.

3. Change Section 1003.3 to read:

1003.3 Protruding objects. Protruding objects on circulation paths shall comply with the requirements of Sections 1003.3.1 and 1003.3.4.

4. Change Section 1003.3.1 to read:

(N)1003.3.1 1003.3.1 Headroom. Minimum headroom shall be maintained in accordance with the applicable building code.

5. Delete Section 1003.3.2.

6. Delete Section 1003.3.3.

7. Change Section 1003.3.4 to read:

(N)1003.3.4 1003.3.4 Clear width. Protruding objects shall not reduce the minimum clear width of accessible routes.

8. Change Section 1003.4 to read:

(N)1003.4 1003.4 Floor surface. Slip and trip hazards in the means of egress shall be abated.

9. Delete Section 1003.5.

10. Change Section 1003.6 to read:

(N)1003.6 1003.6 Means of egress continuity. Means of egress continuity shall be maintained in accordance with the applicable building code.

11. Delete Section 1003.7.

C. The following changes shall be made to Section 1004, Occupant Load:

1. Change Section 1004.1 to read:

(N)1004.1 1004.1 Design occupant load. The design occupant load shall be maintained in accordance with the applicable building code.

2. Delete Section 1004.1.1 Sections 1004.2 through 1004.3, 1004.5, 1004.5.1, and 1004.6, including Table 1004.5.

3. Delete Section 1004.1.1.1. Change Sections 1004.4 and 1004.7 to read:

1004.4 Multiple occupancies. Where a building contains two or more occupancies, the means of egress requirements shall be maintained in accordance with the applicable building code.

1004.7 Outdoor areas. The means of egress for outdoor areas shall be maintained in accordance with the applicable building code.

4. Delete Section 1004.1.1.2 1004.8.

5. Delete Section 1004.1.1.3.

6. Delete Section 1004.1.2 and Table 1004.1.2.

7. Delete Section 1004.2.

8. 5. Change Section 1004.3 1004.9 to read:

(N)1004.3 1004.9 Posting of occupant load. Every room or space that is an assembly occupancy and where the occupant load of that room or space is 50 or more shall have the occupant load of the room or space posted in a conspicuous place near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or the owner's authorized agent.

9. Delete Section 1004.4.

10. Change Section 1004.5 to read:

(N)1004.5 Outdoor areas. The means of egress for outdoor areas shall be maintained in accordance with the applicable building code.

11. Change Section 1004.6 to read:

(N)1004.6 Multiple occupancies. Where a building contains two or more occupancies, the means of egress requirements shall be maintained in accordance with the applicable building code.

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

1. Change Section 1005.1 to read:

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

2. Change Section 1005.2 to read:

(N)1005.2 1005.2 Minimum width based on component. The minimum width of any means of egress components shall be maintained in accordance with the applicable building code.

3. Change Section 1005.3 to read:

(N)1005.3 1005.3 Required capacity based on occupant load. The required capacity of the means of egress for any room, area, space or story shall be maintained in accordance with the applicable building code.

4. Change Section 1005.3.1 to read:

(N)1005.3.1 1005.3.1 Stairways. The capacity, in inches, of means of egress stairways shall be maintained in accordance with the applicable building code.

5. Delete Section 1005.3.2.

6. Change Section 1005.4 to read:

(N)1005.4 1005.4 Continuity. The minimum width or required capacity of the means of egress required from any story of a building shall be maintained in accordance with the applicable building code.

7. Delete Section 1005.5.

8. Change Section 1005.6 to read:

(N)1005.6 1005.6 Egress convergence. Where the means of egress from stories above and below converge at an intermediate level, the capacity of the means of egress from the point of convergence shall be maintained in accordance with the applicable code.

9. Change Section 1005.7 to read:

(N)1005.7 1005.7 Encroachment. Encroachments into the required means of egress width shall be in accordance with the provisions of the applicable building code.

10. Delete Section 1005.7.1.

11. Delete Section 1005.7.2.

12. Delete Section 1005.7.3.

E. The following changes shall be made to Section 1006, Numbers of Exits and Exit Access Doorways:

1. Change Section 1006.1 to read:

(N)1006.1 1006.1 General. The number of exits or exit access doorways required within the means of egress system shall be maintained in accordance with the applicable building code.

2. Change Section 1006.2 to read:

(N)1006.2 1006.2 Egress from spaces. Egress from spaces shall be maintained in accordance with the applicable building code.

3. Delete Section Sections 1006.2.1 through 1006.2.6, including subsections, and Table 1006.2.1.

4. Delete Section 1006.2.1.1.

5. Delete Section 1006.2.2.

6. Delete Section 1006.2.2.1.

7. Delete Section 1006.2.2.2.

8. Delete Section 1006.2.2.3.

9. Delete Section 1006.2.2.4.

10. Delete Section 1006.2.2.5.

11. 4. Change Section 1006.3 to read:

(N)1006.3 1006.3 Egress from stories or occupied roofs. The means of egress system serving any story or occupied roof shall be maintained in accordance with the applicable building code.

12. 5. Delete Section Sections 1006.3.1 through 1006.3.3.1, including subsections, and Table 1006.3.1 tables.

13. Delete Section 1006.3.2 and Tables 1006.3.2(1) and 1006.3.2(2).

14. Delete Section 1006.3.2.1.

15. Delete Section 1006.3.2.2.

F. The following changes shall be made to Section 1007, Exit and Exit Access Doorway Configuration:

1. Change Section 1007.1 to read:

(N)1007.1 1007.1 General. Exits, exit access doorways, and exit access stairways and ramps serving spaces, including individual building stories, shall be maintained in accordance with the applicable code.

2. Delete Section 1007.1.1.

3. Delete Section 1007.1.1.1.

4. Delete Section 1007.1.2.

5. Delete Section 1007.1.3.

6. Delete Section 1007.1.3.1.

G. The following changes shall be made to Section 1008, Means of Egress Illumination:

1. Change Section 1008.1 to read:

(N)1008.1 1008.1 Means of egress illumination. Illumination provided in the means of egress shall be maintained in accordance with the applicable code.

2. Change Section 1008.2 to read:

(N)1008.2 1008.2 Illumination required. Illumination provided for the means of egress serving a room or space shall be maintained in accordance with the applicable building code.

3. Delete Section 1008.2.1.

4. Delete Section Sections 1008.2.2 and 1008.2.3.

5. Change Section 1008.3 to read:

(N)1008.3 1008.3 Emergency power for illumination. The power supply for means of egress illumination shall be maintained in accordance with the applicable building code.

6. Delete Section Sections 1008.3.1 through 1008.3.5.

7. Delete Section 1008.3.2.

8. Delete Section 1008.3.3.

9. Delete Section 1008.3.4.

10. Delete Section 1008.3.5.

H. The following changes shall be made to Section 1009, Accessible Means of Egress:

1. Change Section 1009.1 to read:

(N)1009.1 1009.1 Accessible means of egress required. Accessible means of egress shall be maintained in accordance with the applicable building code.

2. Change Section 1009.2 to read:

(N)1009.2 1009.2 Continuity and components. Continuity and components provided for accessible means of egress shall be maintained in accordance with the applicable building code.

3. Delete Section 1009.2.1.

4. Change Section 1009.3 and delete Sections 1009.3.1, 1009.3.2, and 1009.3.3.

Section 1009.3 to read:

(N)1009.3 1009.3 Stairways. Stairways part of an accessible means of egress shall be maintained in accordance with the applicable building code.

5. Change Section 1009.4 and delete Sections 1009.4.1 and 1009.4.2.

Section 1009.4 to read:

(N)1009.4 1009.4 Elevators. Elevators considered part of the means of egress shall be maintained in accordance with the applicable building code.

6. Change Section 1009.5 to read:

(N)1009.5 1009.5 Platform lifts. Platform lifts serving as a part of an accessible means of egress shall be maintained in accordance with the applicable building code.

7. Change Section 1009.6 to read:

(N)1009.6 1009.6 Areas of refuge. Areas of refuge shall be maintained in accordance with the applicable building code.

8. Delete Section Sections 1009.6.1 through 1009.6.5.

9. Delete Section 1009.6.2.

10. Delete Section 1009.6.3.

11. Delete Section 1009.6.4.

12. Delete Section 1009.6.5.

13. 9. Change Section 1009.7 to read:

(N)1009.7 1009.7 Exterior areas for assisted rescue. Exterior areas for assisted rescue shall be maintained in accordance with the applicable building code.

14. 10. Delete Section Sections 1009.7.1 through 1009.7.4.

15. Delete Section 1009.7.2.

16. Delete Section 1009.7.3.

17. Delete Section 1009.7.4.

18. 11. Change Section 1009.8 to read:

(N)1009.8 1009.8 Two-way communication. Where provided, two-way communication systems shall be maintained in accordance with the applicable building code.

19. 12. Delete Section 1009.8.1.

I. The following changes shall be made to Section 1010, Doors, Gates and Turnstiles:

1. Change Section 1010.1 to read:

(N)1010.1 1010.1 Doors. Doors serving a means of egress system shall be maintained in accordance with the applicable building code. Means of egress doors shall be readily distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors. Mirrors or similar reflecting materials shall not be used on means of egress doors. Means of egress doors shall not be concealed by curtains, drapes, decorations or similar materials.

2. Delete Section Sections 1010.1.1 through 1010.1.4.3 and 1010.1.5 through 1010.1.8, including subsections, and Tables 1010.1.4.1(1) and 1010.1.4.1(2).

3. Delete Section 1010.1.1.1.

4. Delete Section 1010.1.2.

5. Delete Section 1010.1.2.1.

6. Delete Section 1010.1.3.

7. Delete Section 1010.1.3.1.

8. Delete Section 1010.1.4.

9. Delete Section 1010.1.4.1 and Tables 1010.1.4.1(1) and 1010.1.4.1(2).

10. Delete Section 1010.1.4.1.1.

11. Delete Section 1010.1.4.1.2.

12. Delete Section 1010.1.4.2.

13. Delete Section 1010.1.4.3.

14. Delete Section 1010.1.5.

15. Delete Section 1010.1.6.

16. Delete Section 1010.1.7.

17. Delete Section 1010.1.8.

18. 3. Change Section 1010.1.9 to read:

1010.1.9 Door operations. Except as specifically permitted by this section or the applicable building code, egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort.

4. Delete Section Sections 1010.1.9.1 through 1010.1.9.3.

19. Delete Section 1010.1.9.2.

20. Change Section 1010.1.9.3 to read:

21. Delete 5. Change Section 1010.1.9.4. to read:

(N)1010.1.9.3 1010.1.9.4 Locks and latches. Where required, a readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED. The sign shall be in letters 1 inch (25 mm) high on a contrasting background and shall be maintained. Emergency supplemental hardware provided in accordance with the applicable building code shall be provided with a readily visible durable sign posted on the egress side on or adjacent to the door stating: THIS HARDWARE SHALL BE USED BY AUTHORIZED PERSONNEL ONLY. The sign shall be in letters 1 inch (25 mm) high on a contrasting background.

22. 6. Delete Section Sections 1010.1.9.5 through 1010.1.10.2, including subsections.

23. Delete Section 1010.1.9.5.1.

24. Delete Section 1010.1.9.6.

25. Delete Section 1010.1.9.7.

26. Delete Section 1010.1.9.8.

27. Delete Section 1010.1.9.9.

28. Delete Section 1010.1.9.10.

29. Delete Section 1010.1.9.11.

30. Delete Section 1010.1.10.

31. Delete Section 1010.1.10.1.

32. Delete Section 1010.1.10.2.

33. 7. Change Section 1010.2 to read:

(N)1010.2 1010.2 Gates. Gates serving the means of egress system shall be maintained in accordance with the applicable building code.

34. 8. Delete Section 1010.2.1.

35. 9. Change Section 1010.3 to read:

(N)1010.3 1010.3 Turnstiles. Turnstiles or similar devices shall be maintained in accordance with the applicable building code.

36. 10. Delete Section Sections 1010.3.1 through 1010.3.4, including subsections.

37. Delete Section 1010.3.2.

J. The following changes shall be made to Section 1011, Stairways:

1. Change Section 1011.1 to read:

(N)1011.1 1011.1 General. Stairways serving occupied portions of a building shall be maintained in accordance with the applicable building code.

2. Change Section 1011.2 to read:

(N)1011.2 1011.2 Width and capacity. The capacity of stairways shall be maintained in accordance with the applicable building code.

3. Change Section 1011.3 to read:

(N)1011.3 1011.3 Headroom. Headroom requirements for stairways shall be maintained in accordance with the applicable building code.

4. Change Section 1011.4 to read:

(N)1011.4 1011.4 Walkline. The walkline across winder treads shall be maintained in accordance with the applicable building code.

5. Change Section 1011.5 to read:

(N)1011.5 1011.5 Stair treads and risers. Stair treads and risers shall be maintained in accordance with the applicable building code

6. Delete Section Sections 1011.5.1 through 1011.7.4.

7. Delete Section 1011.5.2.

8. Delete Section 1011.5.3.

9. Delete Section 1011.5.4.

10. Delete Section 1011.5.4.1.

11. Delete Section 1011.5.5.

12. Delete Section 1011.5.5.1.

13. Delete Section 1011.5.5.2.

14. Delete Section 1011.5.5.3.

15. Delete Section 1011.6.

16. Delete Section 1011.7.

17. Delete Section 1011.7.1.

18. Delete Section 1011.7.2.

19. Delete Section 1011.7.3.

20. Delete Section 1011.7.4.

21. 7. Change Section 1011.8 to read:

(N)1011.8 1011.8 Vertical rise. Vertical rise of a flight of stairs shall be maintained in accordance with the applicable building code.

22. 8. Change Section 1011.9 to read:

(N)1011.9 1011.9 Curved stairways. Curved stairways with winder treads shall be maintained in accordance with the applicable building code.

23. 9. Change Section 1011.10 to read:

(N)1011.10 1011.10 Spiral stairways. Spiral stairways used as a component in the means of egress shall be maintained in accordance with the applicable building code.

24. 10. Change Section 1011.11 to read:

(N)1011.11 1011.11 Handrails. Handrails for stairways shall be maintained in accordance with the applicable building code.

25. 11. Change Section 1011.12 to read:

(N)1011.12 1011.12 Stairway to roof. Stairways to a roof shall be maintained in accordance with the applicable building code.

26. 12. Delete Section Sections 1011.12.1.

27. Delete Section and 1011.12.2.

28. 13. Change Section 1011.13 to read:

(N)1011.13 1011.13 Guards. Guards shall be maintained in accordance with the applicable building code.

29. 14. Change Section 1011.14 to read:

(N)1011.14 1011.14 Alternating tread devices. Alternating tread devices shall be maintained in accordance with the applicable building code.

30. 15. Delete Section Sections 1011.14.1.

31. Delete Section and 1011.14.2.

32. 16. Change Section 1011.15 to read:

(N)1011.15 1011.15 Ships ladders. Ships ladders shall be maintained in accordance with the applicable building code.

33. 17. Delete Section Sections 1011.15.1.

34. Delete Section 1011.15.2.

35. Delete Section through 1011.16.

K. The following changes shall be made to Section 1012, Ramps:

1. Change Section 1012.1 to read:

(N)1012.1 1012.1 Scope. The provisions of this section shall apply to the maintenance of ramps used as a component of a means of egress.

2. Change Section 1012.2 to read:

(N)1012.2 1012.2 Slope. Ramp slopes shall be maintained in accordance with the applicable building code.

3. Change Section 1012.3 to read:

(N)1012.3 1012.3 Cross slope. The cross slope for ramps shall be maintained in accordance with the applicable building code.

4. Change Section 1012.4 to read:

(N)1012.4 1012.4 Vertical rise. The rise for any ramp run shall be maintained in accordance with the applicable building code.

5. Change Section 1012.5 to read:

(N)1012.5 1012.5 Minimum dimensions. The minimum dimensions of means of egress ramps shall be maintained in accordance with the applicable building code.

6. Delete Section Sections 1012.5.1.

7. Delete Section 1012.5.2.

8. Delete Section through 1012.5.3.

9. 7. Change Section 1012.6 to read:

(N)1012.6 1012.6 Landings. Landings serving ramps shall be maintained in accordance with the applicable building code.

10. 8. Delete Section Sections 1012.6.1 through 1012.7.2.

11. Delete Section 1012.6.2.

12. Delete Section 1012.6.3.

13. Delete Section 1012.6.4.

14. Delete Section 1012.6.5.

15. Delete Section 1012.7.

16. Delete Section 1012.7.2.

17. 9. Change Section 1012.8 to read:

(N)1012.8 1012.8 Handrails. Handrails serving ramps shall be maintained in accordance with the applicable building code.

18. 10. Change Section 1012.9 to read:

(N)1012.9 1012.9 Guards. Guards shall be maintained in accordance with the applicable building code.

19. 11. Change Section 1012.10 to read:

(N)1012.10 1012.10 Edge protection. Edge protection shall be maintained in accordance with the applicable building code.

20. 12. Delete Section Sections 1012.10.1.

21. Delete Section and 1012.10.2.

L. The following changes shall be made to Section 1013, Exit Signs:

1. Change Section 1013.1 to read:

(N)1013.1 1013.1 Where required. Exits and exit access doors shall be maintained in accordance with the applicable building code.

2. Change Section 1013.2 to read:

(N)1013.2 1013.2 Floor-level exit signs in Group R-1. Floor-level exit signs in Group R-1 buildings shall be maintained in accordance with the applicable building code.

3. Change Section 1013.3 to read:

(N)1013.3 1013.3 Illumination. Exit sign illumination shall be maintained in accordance with the applicable building code.

4. Change Section 1013.4 to read:

(N)1013.4 1013.4 Raised character and braille exit signs. Raised character and braille exit signs shall be maintained in accordance with the applicable building code.

5. Change Section 1013.5 to read:

(N)1013.5 1013.5 Internally illuminated exit signs. Electrically powered, self-luminous, and photoluminescent exit signs shall be maintained in accordance with the applicable building code.

6. Change Section 1013.6 to read:

(N)1013.6 1013.6 Externally illuminated exit signs. Externally illuminated exit signs shall be maintained in accordance with the applicable building code.

7. Delete Section Sections 1013.6.1.

8. Delete Section 1013.6.2. 9. Delete Section through 1013.6.3.

M. The following changes shall be made to Section 1014, Handrails:

1. Change Section 1014.1 to read:

(N)1014.1 1014.1 Where required. Handrails serving stairways, ramps, stepped aisles, and ramped aisles shall be maintained in accordance with the applicable building code.

2. Change Section 1014.2 to read:

(N)1014.2 1014.1 Height. Handrail height, shall be maintained in accordance with the applicable building code.

3. Change Section 1014.3 to read:

(N)1014.3 1014.3 Handrail graspability. Handrail graspability shall be maintained in accordance with the applicable building code.

4. Delete Section 1014.3.1.

5. Delete Section 1014.3.2.

6. Change Section 1014.4 to read:

(N)1014.4 1014.4 Continuity. Handrail continuity shall be maintained in accordance with the applicable building code.

7. Delete Section 1014.5.

8. Delete Section 1014.6.

9. Change Section 1014.7 to read:

(N)1014.7 1014.7 Clearance. Clear space between a handrail and a wall or other surface shall be maintained in accordance with the applicable building code.

10. Change Section 1014.8 to read:

(N)1014.8 1014.8 Projections. Projections into the required width of aisles, stairways, and ramps at each side shall not exceed the requirements of the applicable building code.

11. Change Section 1014.9 to read:

(N)1014.9 1014.9 Intermediate handrails. Where provided, intermediate handrails shall be maintained in accordance with the applicable building code.

N. The following changes shall be made to Section 1015, Guards:

1. Change Section 1015.1 to read:

(N)1015.1 1015.1 General. Guards shall be maintained in accordance with the applicable building code.

2. Delete Section 1015.2.

3. Delete Section 1015.2.1.

4. Change Section 1015.3 to read:

(N)1015.3 1015.3 Height. Guard height shall be maintained in accordance with the applicable building code.

5. Change Section 1015.4 to read:

(N)1015.4 1015.4 Opening limitations. Openings in guards shall be maintained in accordance with the applicable building code.

6. Change Section 1015.5 to read:

(N)1015.5 1015.5 Screen porches. Guards provided for screen porches shall be maintained in accordance with the applicable building code.

7. Change Section 1015.6 to read:

(N)1015.6 1015.6 Mechanical equipment, systems and devices. Guards provided for mechanical equipment shall be maintained in accordance with the applicable building code.

8. Change Section 1015.7 to read:

(N)1015.7 1015.7 Roof access. Guards provided for roof access shall be maintained in accordance with the applicable building code.

9. Change Section 1015.8 to read:

(N)1015.8 1015.8 Window openings. Windows shall be maintained in accordance with the applicable building code.

10. Delete Section 1015.8.1.

O. The following changes shall be made to Section 1016, Exit Access:

1. Change Section 1016.1 to read:

(N)1016.1 1016.1 General. The exit access shall be maintained in accordance with the applicable building code.

2. Change Section 1016.2 to read:

(N)1016.2 1016.2 Egress through intervening spaces. Egress through intervening spaces shall be maintained in accordance with the applicable building code.

3. Delete Section 1016.2.1.

P. The following changes shall be made to Section 1017, Exit Access Travel Distance:

1. Change Section 1017.1 to read:

(N)1017.1 1017.1 General. Travel distance within the exit access portion of the means of egress system shall be maintained in accordance with the applicable building code.

2. Delete Section Sections 1017.2 through 1017.3.1 and Table 1017.2.

3. Delete Section 1017.2.1.

4. Delete Section 1017.2.2.

5. Delete Section 1017.3.

6. Delete Section 1017.3.1.

Q. The following changes shall be made to Section 1018, Aisles:

1. Change Section 1018.1 to read:

(N)1018.1 1018.1 General. Aisles and aisle accessways serving as a portion of the exit access in the means of egress system shall be maintained in accordance with the applicable building code.

2. Change Section 1018.2 to read:

(N)1018.2 1018.2 Aisles in assembly spaces. Aisles and aisle accessways serving a room or space used for assembly purposes shall be maintained in accordance with the applicable building code.

3. Change Section 1018.3 to read:

(N)1018.3 1018.3 Aisles in Groups B and M. In Groups B and M occupancies, the aisle width shall be maintained in accordance with the applicable building code.

4. Change Section 1018.4 to read:

(N)1018.4 1018.4 Aisle accessways in Group M. Aisle accessways in Group M shall be maintained in accordance with the applicable building code.

5. Change Section 1018.5 to read:

(N)1018.5 1018.5 Aisles in other than assembly spaces and Groups B and M. Aisles in other than assembly spaces and Groups B and M shall be maintained in accordance with the applicable building code.

R. The following changes shall be made to Section 1019, Exit Access Stairways and Ramps.

1. Change Section 1019.1 to read:

(N)1019.1 1019.1 General. Exit access stairways and ramps serving as an exit access component in a means of egress system shall be maintained in accordance with the applicable building code.

2. Delete Section Sections 1019.2.

3. Delete Section 1019.3.

4. Delete Section through 1019.4.

S. The following changes shall be made to Section 1020, Corridors:

1. Change Section 1020.1 to read:

(N)1020.1 1020.1 Maintenance. Corridors shall be maintained in accordance with the applicable building code.

2. Delete Section 1020.1.1 and Table 1020.1.

3. Change Section 1020.2 to read:

(N)1020.2 1020.2 Width and capacity. The width and capacity of corridors shall be maintained in accordance with the applicable building code.

4. Delete Table 1020.2.

5. Delete Section Sections 1020.4.

6. Delete Section 1020.5.

7. Delete Section through 1020.5.1.

8. 6. Change Section 1020.6 to read:

(N)1020.6 1020.6 Corridor continuity. The continuity of fire-resistance-rated corridors shall be maintained in accordance with the applicable building code.

T. The following changes shall be made to Section 1021, Egress Balconies:

1. Change Section 1021.1 to read:

(N)1021.1 1021.1 General. Balconies used for egress purposes shall be maintained in accordance with the applicable building code.

2. Change Section 1021.2 to read:

(N)1021.2 1021.2 Wall separation. Wall separation for egress balconies shall be maintained in accordance with the applicable building code.

3. Delete Section 1021.3.

4. Change Section 1021.4 to read:

(N)1021.4 1021.4 Location. The fire separation distance for exterior egress balconies shall be maintained in accordance with the applicable building code.

U. The following changes shall be made to Section 1022, Exits:

1. Change Section 1022.1 to read:

(N)1022.1 1022.1 General. An exit shall not be used for any purpose that interferes with its function as a means of egress. Once a given level of exit protection is achieved, such level of protection shall not be reduced until arrival at the exit discharge. Exits shall be continuous from the point of entry into the exit to the exit discharge. Exits shall be maintained in accordance with the applicable building code.

2. Change Section 1022.2 to read:

(N)1022.2 1022.2 Exterior exit doors. Exterior exit doors shall be maintained in accordance with the applicable building code.

3. Delete Section Sections 1022.2.1.

4. Delete Section and 1022.2.2.

V. The following changes shall be made to Section 1023, Interior Exit Stairways and Ramps:

1. Change Section 1023.1 to read:

(N)1023.1 1023.1 General. Interior exit stairways and ramps serving as an exit component in a means of egress system shall be maintained in accordance with the applicable building code.

2. Delete Section 1023.2.

3. Delete Section 1023.3.

4. Delete Section 1023.3.1.

5. Change Section 1023.4 to read:

(N)1023.4 1023.4 Openings. Interior exit stairway and ramp opening protectives shall be maintained in accordance with the applicable building code.

6. Delete Section 1023.5.

7. Change Section 1023.6 to read:

(N)1023.6 1023.6 Ventilation. Equipment and ductwork for interior exit stairway and ramp ventilation shall be maintained in accordance with the applicable building code.

8. Change Section 1023.7 to read:

(N)1023.7 1032.7 Interior exit stairway and ramp exterior walls. Exterior walls of the interior exit stairway or ramp shall be maintained in accordance with the applicable building code.

9. Change Section 1023.8 to read:

(N)1023.8 1023.8 Discharge identification. An interior exit stairway and ramp shall not continue below its level of exit discharge unless an approved barrier is provided at the level of exit discharge to prevent persons from unintentionally continuing into levels below. Directional exit signs shall be provided and maintained in accordance with the applicable building code.

10. Change Section 1023.9.1 to read:

(N)1023.9.1 1023.9.1 Signage requirements. Stairway identification signs shall comply with all of the following requirements:

1. The signs shall be a minimum size of 18 inches (457 mm) by 12 inches (305 mm).

2. The letters designating the identification of the interior exit stairway and ramp shall be not less than 1-1/2 inches (38 mm) in height.

3. The number designating the floor level shall be not less than of 5 inches (127 mm) in height and located in the center of the sign.

4. Other lettering and numbers shall be not less than 1 inch (25 mm) in height.

5. Characters and their background shall have a nonglare finish. Characters shall contrast with their background with either light characters on a dark background or dark characters on a light background.

11. Change Section 1023.10 to read:

(N)1023.10 1023.10 Elevator lobby identification signs. At landings in interior exit stairways where two or more doors lead to the floor level, any door with direct access to an enclosed elevator lobby shall be identified by signage located on the door or directly adjacent to the door stating "Elevator Lobby." Signage shall be in accordance with Section 1023.9.1, Items 4 and 5.

12. Change Section 1023.11 to read:

(N)1023.11 1023.11 Smokeproof enclosures. Smokeproof enclosures shall be maintained in accordance with the applicable building code.

13. Delete Section Sections 1023.11.1 through 1023.12.

14. Delete Section 1023.11.2.

W. The following changes shall be made to Section 1024, Exit Passageways:

1. Change Section 1024.1 to read:

(N)1024.1 1024.1 Exit passageways. Exit passageways serving as an exit component in a means of egress system shall be maintained in accordance with the applicable building code.

2. Change Section 1024.2 to read:

(N)1024.2 1024.2 Width. The minimum width or required capacity of exit passageways shall be maintained in accordance with the applicable building code.

3. Delete Section 1024.3.

4. Delete Section 1024.4.

5. Change Section 1024.5 to read:

(N)1024.5 1024.5 Openings. Exit passageway opening protectives shall be maintained in accordance with the applicable building code.

6. Change Section 1024.6 to read:

(N)1024.6 1024.6 Penetrations. Penetration protection shall be maintained in accordance with the applicable building code.

7. Change Section 1024.7 to read:

(N)1024.7 1024.7 Ventilation. Equipment and ductwork for exit passageway ventilation shall be maintained in accordance with the applicable building code.

8. Delete Section 1024.8.

X. The following changes shall be made to Section 1025, Luminous Egress Path Markings:

1. Change Section 1025.1 to read:

(N)1025.1 1025.1 General. Luminous egress path markings shall be maintained in accordance with the applicable building code.

2. Change Section 1025.2 to read:

(N)1025.2 1025.2 Markings within exit components. Egress path markings provided in interior exit stairways, interior exit ramps, and exit passageways shall be maintained in accordance with the applicable building code.

3. Delete Section Sections 1025.2.1 through 1025.3.

4. Delete Section 1025.2.2.

5. Delete Section 1025.2.3.

6. Delete Section 1025.2.4

7. Delete Section 1025.2.4.1.

8. Delete Section 1025.2.4.2.

9. Delete Section 1025.2.4.3.

10. Delete Section 1025.2.5.

11. Delete Section 1025.2.6.

12. Delete Section 1025.2.6.1.

13. Delete Section 1025.2.6.2.

14. Delete Section 1025.2.6.3.

15. Delete Section 1025.3.

16. 4. Change Section 1025.4 to read:

(N)1025.4 1025.4 Self-luminous and photoluminescent. Self-luminous and photoluminescent egress path markings shall be maintained in accordance with the applicable building code.

17. 5. Change Section 1025.5 to read:

(N)1025.5 1025.5 Illumination. Photoluminescent exit path markings shall be maintained in accordance with the applicable building code.

Y. The following changes shall be made to Section 1026, Horizontal Exits:

1. Change Section 1026.1 to read:

(N)1026.1 1026.1 Horizontal exits. Horizontal exits serving as an exit in a means of egress system shall be maintained in accordance with the applicable building code.

2. Change Section 1026.2 to read:

(N)1026.2 1026.2 Separation. The separation between buildings or refuge areas connected by a horizontal exit shall be maintained in accordance with the applicable building code.

3. Change Section 1026.3 to read:

(N)1026.3 1026.3 Opening protectives. Fire doors in horizontal exits shall be maintained in accordance with the applicable building code.

4. Change Section 1026.4 to read:

(N)1026.4 1026.4 Refuge area. Where provided, the refuge area of a horizontal exit shall be maintained in accordance with the applicable building code.

5. Delete Section Sections 1026.4.1 through 1026.5.

6. Delete Section 1026.4.2.

Z. The following changes shall be made to Section 1027, Exterior Exit Stairways and Ramps:

1. Change Section 1027.1 to read:

(N)1027.1 1027.1 Exterior exit stairways and ramps. Exterior exit stairways and ramps serving as an element of a required means of egress shall be maintained in accordance with the applicable building code.

2. Change Section 1027.2 to read:

(N)1027.2 1027.2 Use in a means of egress. Exterior exit stairways shall not be used as an element of a required means of egress.

3. Delete Section Sections 1027.3 through 1027.6.

4. Delete Section 1027.4.

5. Delete Section 1027.5.

6. Delete Section 1027.6.

AA. The following changes shall be made to Section 1028, Exit Discharge:

1. Change Section 1028.1 to read:

(N)1028.1 1028.1 General. The exit discharge shall be maintained in accordance with the applicable building code.

2. Change Section 1028.2 to read:

(N)1028.2 1028.2 Exit discharge width or capacity. The minimum width or required capacity of the exit discharge shall be maintained in accordance with the applicable building code.

3. Change Section 1028.3 to read:

(N)1028.3 1028.3 Exit discharge components. Exit discharge components shall be maintained in accordance with the applicable building code.

4. Change Section 1028.4 to read:

(N)1028.4 1028.4 Egress courts. Egress courts serving as a portion of the exit discharge in the means of egress system shall be maintained in accordance with the applicable building code.

5. Change Section 1028.4.1 to read:

(N)1028.4.1 1028.4.1 Width or capacity. The required capacity of egress courts shall be maintained in accordance with the applicable building code.

6. Delete Section 1028.4.2.

7. Change Section 1028.5 to read:

(N)1028.5 1028.5 Access to a public way. Where provided, access to a public way shall be maintained in accordance with the applicable building code.

Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met:

1. The area shall be of a size to accommodate not less than 5 square feet (0.46 m²) for each person.

2. The area shall be located on the same lot not less than 50 feet (15 240 (15,240 mm) away from the building requiring egress.

3. The area shall be permanently maintained and identified as a safe dispersal area.

4. The area shall be provided with a safe and unobstructed path of travel from the building.

BB. The following changes shall be made to Section 1029, Assembly:

1. Change Section 1029.1 to read:

(N)1029.1 1029.1 General. The means of egress serving a room or space used for assembly purposes that contains seats, tables, displays, equipment or other material shall be maintained in accordance with the applicable building code.

2. Delete Section 1029.1.1.

3. Delete Section 1029.1.1.1.

4. Change Section 1029.2 to read:

(N)1029.2 1029.2 Assembly main exit. The assembly main exit shall be maintained in accordance with the applicable building code.

5. Change Section 1029.3 to read:

(N)1029.3 1029.3 Assembly other exits. Other assembly exits shall be maintained in accordance with the applicable building code.

6. Delete Section 1029.4.

7. Change Section 1029.5 to read:

(N)1029.5 1029.5 Interior balcony and gallery means of egress. Interior balcony and gallery means of egress shall be maintained in accordance with the applicable building code.

8. Change Section 1029.6 to read:

(N)1029.6 1029.6 Capacity of aisle for assembly. The required capacity of aisles shall be maintained in accordance with the applicable building code.

9. Delete Section Sections 1029.6.1.

10. Delete Section 1029.6.2 through 1029.6.3 and Table 1029.6.2.

11. Delete Section 1029.6.2.1.

12. Delete Section 1029.6.2.2.

13. Delete Section 1029.6.2.3.

14. Delete Section 1029.6.3.

15. 10. Change Section 1029.7 to read:

(N)1029.7 1029.7 Travel distance.  Travel distance shall be maintained in accordance with the applicable building code.

16. 11. Change Section 1029.8 to read:

(N)1029.8 1029.8 Common path of egress travel. The common path of egress travel shall be maintained in accordance with the applicable building code.

17. 12. Delete Section 1029.8.1.

18. 13. Change Section 1029.9 to read:

(N)1029.9 1029.9 Assembly aisles are required. Assembly aisles shall be maintained in accordance with the applicable building code.

19. 14. Change Section 1029.9.1 to read:

(N)1029.9.1 1029.9.1 Minimum aisle width. The minimum clear width for aisles shall be maintained in accordance with the applicable building code.

20. 15. Delete Section Sections 1029.9.2 through 1029.9.8.

21. Delete Section 1029.9.3.

22. Delete Section 1029.9.4.

23. Delete Section 1029.9.5

24. Delete Section 1029.9.6.

25. Delete Section 1029.9.7.

26. Delete Section 1029.9.8.

27. 16. Change Section 1029.10 to read:

(N)1029.10 1029.10 Transitions. Transitions between stairways and stepped aisles shall be maintained in accordance with the applicable building code.

28. 17. Delete Section Sections 1029.10.1 through 1029.12.2.2.

29. Delete Section 1029.10.2.

30. Delete Section 1029.10.2.1.

31. Delete Section 1029.10.2.2.

32. Delete Section 1029.10.3.

33. Delete Section 1029.11.

34. Delete Section 1029.11.1.

35. Delete Section 1029.11.2.

36. Change Section 1029.12 to read:

(N)1029.12 Aisle accessways. Aisle accessways for seating at tables shall maintained in accordance with the applicable building code.

37. Delete Section 1029.12.1.

38. Delete Section 1029.12.1.1.

39. Delete Section 1029.12.1.2.

40. Delete Section 1029.12.2.

41. Delete Section 1029.12.2.1 and Table 1029.12.2.1.

42. Delete Section 1029.12.2.2.

43. 18. Change Section 1029.13 to read:

(N)1029.13 Assembly aisle walking surfaces. Ramped and stepped aisles 1029.13 Aisle accessways. Aisle accessways for seating at tables shall be maintained in accordance with the applicable building code.

44. 19. Delete Section Sections 1029.13.1 through 1029.13.2.2 and Table 1029.13.2.1.

45. Delete Section 1029.13.1.1.

46. Delete Section 1029.13.1.2.

47. Delete Section 1029.13.1.3.

48. Delete Section 1029.13.2.

49. Delete Section 1029.13.2.1.

50. Delete Section 1029.13.2.2.

51. Delete Section 1029.13.2.2.1.

52. Delete Section 1029.13.2.3.

53. Delete Section 1029.13.2.4.

54. Delete 20. Change Section 1029.14. to read:

1029.14 Assembly aisle walking surfaces. Ramped and stepped aisles shall be maintained in accordance with the applicable building code.

21. Delete Sections 1029.14.1 through 1029.15.

55. 22. Change Section 1029.15 1029.16 to read:

(N)1029.15 1029.16 Handrails. Handrails serving ramped aisles shall be maintained in accordance with the applicable building code.

56. Delete Section 1029.15.1.

57. Delete Section 1029.15.2.

58. Delete Section 1029.15.3.

59. Delete Section 1029.15.4.

60. Change Section 1029.16 to read:

(N)1029.16 Assembly guards. Guards adjacent to seating in a building, room or space used for assembly purposes shall be maintained in accordance with the applicable building code.

61. Change Section 23. Delete Sections 1029.16.1 to read: through 1029.16.4.

(N)1029.16.1 Perimeter guards. Perimeter guards shall be maintained in accordance with the applicable building code.

62. Delete Section 1029.16.2.

63. Delete Section 1029.16.3.

64. Delete Section 1029.16.4.

24. Change Sections 1029.17 and 1029.17.1 to read:

1029.17 Assembly guards. Guards adjacent to seating in a building, room, or space used for assembly purposes shall be maintained in accordance with the applicable building code.

1029.17.1 Perimeter guards. Perimeter guards shall be maintained in accordance with the applicable building code.

25. Delete Sections 1029.17.2 through 1029.17.4.

CC. The following changes shall be made to Section 1030, Emergency Escape and Rescue:

1. Change Section 1030.1 and delete Section 1030.1.1.

Section 1030.1 to read:

(N)1030.1 1030.1 General. Emergency escape and rescue components of a building shall be maintained in accordance with the applicable building code.

2. Change Section 1030.2 to read:

(N)1030.2 1030.2 Minimum size. Emergency escape and rescue openings shall be maintained in accordance with the applicable building code.

3. Delete Section 1030.2.1.

4. Change Section 1030.3 to read:

(N)1030.3 1030.3 Maximum height from floor. Emergency escape and rescue opening height shall be maintained in accordance with the applicable building code.

5. Change Section 1030.4 to read:

1030.4 Operational constraints.  The operation of emergency escape and rescue openings shall be maintained in accordance with the applicable building code.

6. Change Section 1030.5 to read:

(N)1030.5 1030.4 Window wells. Window wells shall be maintained in accordance with the applicable building code.

7. 6. Delete Section 1030.5.1 Sections 1030.4.1 and 1030.4.2.

8. Delete 7. Change Section 1030.5.2. 1030.5 to read:

1030.5 Operational constraints. The operation of emergency escape and rescue openings shall be maintained in accordance with the applicable building code.

DD. The following changes shall be made to Section 1031, Maintenance of the Means of Egress:

1. Change Sections 1031.2, 1031.2.1, and 1031.2.2 to read:

1031.2 Reliability. Unless otherwise permitted by the applicable building code, required exit accesses, exits, and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency where the building area served by the means of egress is occupied. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress.

1031.2.1 Security devices and egress locks. Security devices and locking arrangements in the means of egress that restrict, control, or delay egress shall be maintained as required by this chapter.

1031.2.2 Locking arrangements in educational occupancies. In Group E occupancies, except Group E day care facilities, and Group B educational occupancies, exit access doors from classrooms, offices, and other occupied rooms, except for exit doors and doors across corridors, shall be permitted to be provided with emergency supplemental hardware where all of the following conditions are met:

1. The door shall be capable of being opened from outside the room with a key, proprietary device provided by the manufacturer, or other approved means.

2. The door shall be openable from within the room in accordance with Section 1010.1.9, except emergency supplemental hardware is not required to comply with Chapter 11.

Note: School officials should consult with their legal counsel regarding provisions of the Americans with Disabilities Act of 1990 (42 USC § 12101 et seq.) and any other applicable requirements.

3. Installation of emergency supplemental hardware on fire door assemblies must comply with Section 716.2. Modifications shall not be made to listed panic hardware, fire door hardware, or door closures.

4. The emergency supplemental hardware shall not be capable of being used on other doors not intended to be used and shall have at least one component that requires modification to, or is permanently affixed to, the surrounding wall, floor, door, or frame assembly construction for it to properly function.

5. Employees shall engage in lockdown training procedures on how to deploy and remove the emergency supplemental hardware, and its use shall be incorporated in the approved lockdown plan complying with the SFPC.

6. The emergency supplemental hardware and its components shall be maintained in accordance with the SFPC.

7. Approved emergency supplemental hardware shall be of consistent type throughout a building.

Exception: The building official may approve alternate types of emergency supplemental hardware in accordance with Section 110.1 when a consistent device cannot be installed.

2. Add Section 1031.11 to read:

1031.11 Maintenance of emergency supplemental hardware. Emergency supplemental hardware shall be installed in accordance with the applicable building code and shall be maintained in accordance with this code and the manufacturer's instructions. The fire code official shall be authorized to direct the practical application of any such hardware device to ensure the device operates as designed and is free from any defects, damage, or conditions that may restrict the deployment and removal of such hardware device.

13VAC5-51-138.1. IFC Chapter 12 Energy Systems.

A. Make the following changes to Section 1201, General.

1. Change Sections 1201.1 and 1201.2 to read:

1201.1 Scope. The provisions of this chapter shall apply to the operation and maintenance of energy systems used for generating or storing energy.

1201.2 Electrical wiring and equipment. Electrical wiring and equipment used in connection with energy systems shall be maintained in accordance with the applicable building code.

2. Delete Section 1201.3.

B. Make the following changes to Section 1203, Emergency and Standby Power Systems.

1. Change Sections 1203.1 and 1203.1.1 to read:

1203.1 General. Emergency power systems and standby power systems shall be maintained in accordance with the applicable building code.

1203.1.1 Generators. Emergency and standby power generators shall be listed.

2. Delete Sections 1203.1.2 and 1203.1.3.

3. Change Section 1203.1.4 to read:

1203.1.4 Load transfer. Emergency power systems shall automatically provide secondary power within 10 seconds after primary power is lost unless specified otherwise by the applicable building code. Standby power systems shall automatically provide secondary power within 60 seconds after primary power is lost unless specified otherwise by the applicable building code.

4. Change Section 1203.1.5 to read:

1203.1.5 Load duration. Emergency power systems and standby power systems shall require power for a minimum duration of hours without being refueled or recharged, unless otherwise specified by the applicable building code.

5. Change Section 1203.1.6 to read:

1203.1.6 Uninterruptable power source. An uninterrupted source of power shall be provided for equipment where required by the manufacturer's instructions, the listing, the applicable building code, or the applicable referenced standards.

6. Change Section 1203.1.7 to read:

1203.1.7 Interchangeability. Emergency power systems shall be an acceptable alternative for installations that require standby power systems when permitted by the applicable building code.

7. Delete Section 1203.1.8.

8. Change Section 1203.1.9 to read:

1203.1.9 Maintenance. Existing installations shall be maintained in accordance with the original approval and Section 1203.4.

9. Change Section 1203.2 to read:

1203.2 Specific equipment requirements. Emergency and standby power systems shall be maintained in accordance with Sections 1203.2.1 through 1203.2.18.

10. Change Section 1203.2.2 to read:

1203.2.2 Elevators and platform lifts. Standby power shall be maintained in accordance with NFPA 72 for elevators and platform lifts required by the applicable building code.

11. Delete Section 1203.2.3.

12. Change Section 1203.2.4 to read:

1203.2.4 Emergency voice or alarm communication systems. Emergency power shall be maintained for emergency voice or alarm communication systems as required by the applicable building code. The system shall be capable of powering the required load for a duration of not less than 24 hours, as required in NFPA 72.

13. Change Section 1203.2.5 to read:

1203.2.5 Exit signs. Emergency power for exit signs shall be capable of powering the required load for a duration of not less than 90 minutes unless otherwise specified by the applicable building code.

14. Change Section 1203.2.6 to read:

1203.2.6 Gas detection systems. Emergency power and standby power shall be maintained for gas detection systems in accordance with the applicable building code.

15. Change Section 1203.2.7 to read:

1203.2.7 Group I-2 occupancies. Essential electrical systems for Group I-2 occupancies shall be maintained in accordance with NFPA 70 when required by the applicable building code.

16. Change Section 1203.2.8 to read:

1203.2.8 Group I-3 occupancies. Power-operated sliding doors or power-operated locks for swinging doors in Group I-3 occupancies shall be operable by a manual release mechanism at the door, and emergency power provided for the doors and locks shall be maintained where required by the applicable building code.

17. Change Section 1203.2.9 to read:

1203.2.9 Hazardous materials. Emergency and standby power shall be maintained in accordance with NFPA 70 in occupancies with hazardous materials when required by the applicable building code.

18. Delete Section 1203.2.10.

19. Change Section 1203.2.11 to read:

1203.2.11 Horizontal sliding doors. Standby power shall be maintained in accordance with NFPA 70 for horizontal sliding doors as required by the applicable building code. The standby power supply shall have a capacity to operate not fewer than 50 closing cycles of the door unless otherwise specified by the applicable building code.

20. Change Section 1203.2.12 to read:

1203.2.12 Hydrogen fuel gas rooms. Standby power shall be maintained in accordance with NFPA 70 for hydrogen fuel gas rooms as required by the applicable building code.

21. Change Section 1203.2.13 to read:

1203.2.13 Laboratory suites. Standby or emergency power for laboratory suites shall be maintained in accordance with the applicable building code.

22. Change Section 1203.2.14 to read:

1203.2.14 Means of egress illumination. Emergency power shall be maintained for means of egress illumination in accordance with the applicable building code.

23. Change Section 1203.2.15 to read:

1203.2.15 Membrane structures. Standby power shall be maintained for auxiliary inflation systems in permanent membrane structures in accordance with applicable building code. Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated membrane structures in accordance with Section 3103.10.4.

24. Change Section 1203.2.16 to read:

1203.2.16 Semiconductor fabrication facilities. Emergency power shall be maintained in accordance with NFPA 70 for semiconductor fabrication facilities as required by the applicable building code.

25. Change Section 1203.2.17 to read:

1203.2.17 Smoke control systems. Standby power shall be maintained in accordance with NFPA 70 for smoke control as required by the applicable building code.

26. Change Section 1203.2.18 to read:

1203.2.18 Underground buildings. Emergency and standby power shall be maintained in accordance with NFPA 70 in underground buildings as required by the applicable building code.

27. Change Section 1203.3 to read:

1203.3 Critical circuits. Cables used for survivability of required critical circuits shall be listed. Electrical circuit protective systems shall be maintained in accordance with their listing requirements.

28. Change Section 1203.4 to read:

1203.4 Maintenance. Emergency and standby power systems shall be maintained in accordance with NFPA 70, NFPA 110, and NFPA 111 so that the system is capable of supplying service within the time specified for the type and duration required in accordance with the applicable building code.

29. Change Section 1203.5 to read:

1203.5 Operational inspection and testing. Emergency power systems, including all appurtenant components, shall be inspected and tested under load in accordance with NFPA 110, NFPA 70, and NFPA 111.

Exception: Where the emergency power system is used for standby power or peak load shaving, such use shall be recorded and shall be allowed to be substituted for scheduled testing of the generator set, provided that appropriate records are maintained.

30. Add Section 1203.7 to read:

1203.7 Testing of battery powered emergency lights and exit signs. Required emergency lighting utilizing battery powered emergency lights, exit signs, or both shall be tested annually. The emergency lights and exit signs shall be tested for proper operation for the time period established in the building code in effect when the equipment was installed. Written records of tests shall be retained by the owner of the building for a minimum of two years after the test is conducted and shall be made available to the fire code official upon request.

C. Make the following changes to Section 1204, Solar Photovoltaic Power Systems.

1. Change Section 1204.1 to read:

1204.1 General. Solar photovoltaic power systems shall be maintained in accordance with Sections 1204.2 through 1204.5 and the applicable building code.

2. Change Section 1204.2 to read:

1204.2 Access and pathways. Roof access, pathways, and spacing requirements shall be maintained in accordance with the applicable building code.

3. Delete Sections 1204.2.1 through 1204.3.3.

4. Change Section 1204.4 to read:

1204.4 Ground-mounted photovoltaic arrays. A clear, brush-free area of 10 feet (3048 mm) shall be maintained for ground-mounted photovoltaic arrays.

D. Make the following changes to Section 1205, Stationary Fuel Cell Power Systems.

1. Change Section 1205.1 to read:

1205.1 General. Stationary fuel cell power systems shall be maintained in accordance with the applicable building code.

2. Delete Sections 1205.2 and 1205.3.

3. Change Section 1205.4 to read:

1205.4 Maintenance. Stationary fuel cell power systems shall be maintained in accordance with the applicable building code, NFPA 70 and NFPA 853, the manufacturer's instructions, and the listing. Stationary fuel cell power systems fueled by hydrogen shall be maintained in accordance with the applicable building code, NFPA 2 and NFPA 70, the manufacturer's installation instructions, and the listing.

4. Delete Sections 1205.5 through 1205.6.2 and Sections 1205.8 through 1205.13.1.

E. Make the following changes to Section 1206, Electric Storage Energy Systems.

1. Change Section 1206.2 to read:

1206.2 Stationary storage battery systems. Stationary storage battery systems shall be maintained in accordance with the applicable building code.

2. Delete Sections 1206.2.1 through 1206.2.4, including Table 1206.2, and change Section 1206.2.7 to read:

1206.2.7 Testing, maintenance, and repair. Storage batteries and associated equipment and systems shall be tested and maintained in accordance with the manufacturer's instructions and the applicable building code.

3. Delete Sections 1206.2.8 through 1206.2.8.5.1.

4. Delete Sections 1206.2.8.7 through 1206.2.12.6, including Table 1206.2.9.

5. Change Section 1206.3 to read:

1206.3 Capacitor energy storage systems. Capacitor energy storage systems shall be maintained in accordance with the applicable building code.

6. Delete Sections 1206.3.1 through 1206.3.2.3.

7. Delete Sections 1206.3.2.6 through 1206.3.5.4.

8. Change Section 1206.3.6 to read:

1206.3.6 Testing, maintenance, and repair. Capacitors and associated equipment and systems shall be tested maintained and repaired in accordance with the manufacturer's instructions and the applicable building code.

13VAC5-51-138.4. IFC Chapter 20 Aviation Facilities.

A. The following change shall be made to Section 2001, General:

Change Section 2001.3 to read:

2001.3 Permits. For permits to operate aircraft-refueling vehicles, application of flammable or combustible finishes and hot work, see Section 107.2.

B. The following changes shall be made to Section 2007, Helistops and Heliports:

1. Change Section 2007.1 to read:

(N)2007.1 2007.1 General. Helistops and heliports shall be maintained in accordance with the applicable building code Sections 2007.2 through 2007.8.

2. Change Section 2007.4 to read:

2007.4 Exits. Exits and stairways shall be maintained in accordance with Chapter 10 and the applicable building code.

3. Change Section 2007.5 to read:

(N)2007.5 2007.5 Standpipe systems. Where provided, A building with a rooftop helistop or heliport provided with a Class I or III standpipe systems system shall be maintained in accordance with Chapter 9 and the applicable code.

4. Change Section 2007.6 to read:

(N)2007.6 2007.6 Foam protection. Where provided, foam fire-protection systems shall be maintained in accordance with or required by the applicable building code, foam fire-protection capabilities shall be maintained for rooftop heliports. Such systems shall be maintained in accordance with the applicable provisions of Chapter 9 and the applicable building code.

13VAC5-51-138.8. IFC Chapter 21 Dry Cleaning.

A. The following change shall be made to Section 2101, General:

Change Section 2101.2 to read:

2101.2 Permit required. Permits shall be required as set forth in Section 107.2.

B. The following change shall be made to Section 2103, Classifications:

Change Section 2103.3 to read:

2103.3 Design. The occupancy classification, design and construction of dry cleaning plants shall be maintained in accordance with the applicable building code.

C. The following changes shall be made to Section 2104, General Requirements:

1. Change Section 2104.2.1 to read:

(N)2104.2.1 2104.2.1 Ventilation. Ventilation shall be operated and maintained. Ventilation systems provided shall remain in accordance with the applicable building code.

2. Change Section 2104.2.3 to read as follows:

2104.2.3 Electrical wiring and equipment. Electrical wiring and equipment in dry cleaning rooms or other locations subject to flammable vapors shall be maintained in accordance with the applicable provisions of NFPA 70 and Chapter 6. Where provided, such systems and equipment shall comply with the applicable building code.

D. The following changes shall be made to Section 2105, Operating Requirements:

1. Change Section 2105.2.3 to read:

(N)2105.2.3 2105.2.3 Ventilation. Ventilation shall be operated and maintained. Ventilation systems provided shall remain in accordance with the applicable building code.

2. Change Section 2105.3 to read:

(N)2105.3 2105.3 Types IV and V systems. Types IV and V dry cleaning systems shall be maintained in accordance with the applicable building code.

E. The following change shall be made to Section 2106, Spotting and Pretreating:

Change Section 2106.3 to read as follows:

2106.3 Class II or III solvents. Scouring, brushing, and spotting and pretreating shall be permitted to be conducted with Class II or III solvents. The maximum quantity of Class II or III solvents permitted at any work station shall be 1 gallon (4 L).

F. The following changes shall be made to Section 2107, Dry Cleaning Systems:

1. Change Section 2107.1 to read as follows:

2107.1 General equipment requirements. Dry cleaning systems, including dry cleaning units, washing machines, stills, drying cabinets, tumblers and their appurtenances, including pumps, piping, valves, filters and solvent coolers, shall be maintained in accordance with NFPA 32.

2. Delete Change Section 2107.2. to read:

2107.2 Type II systems. Unless otherwise approved by the applicable building code, Type II dry cleaning and solvent tank storage rooms shall not be operated below grade or above the lowest floor level of the building and shall be maintained in accordance with Sections 2107.2.1 through 2107.2.3.

Exception: Solvent storage tanks installed underground, in vaults, or in special enclosures in accordance with Chapter 57.

3. Change Section Sections 2107.2.1 and 2107.2.2 to read:

2107.2.1 Firefighting access. Where required by the applicable building code, access shall be maintained from one side of Type II dry cleaning rooms for firefighting and fire control purposes in accordance with Section 503.

(N)2107.2.2 2107.2.2 Number of means of egress. The number and means of egress for Type II dry cleaning rooms shall be maintained in accordance with Chapter 10 and the applicable building code.

4. Change Section 2107.2.3 to read as follows:

2107.2.3 Spill control and secondary containment. Curbs, drains or other provisions for spill control and secondary containment shall be maintained in accordance with Section 5004.2 to collect solvent leakage and fire protection water as approved in accordance with the applicable building code.

5. Change Section 2107.3 to read as follows:

2107.3 Solvent storage tanks. Solvent storage tanks for Classes II, IIIA and IIIB liquids shall be maintained in accordance with Chapter 57 and as approved in accordance with the applicable building code.

Exception: As provided in applicable provisions of NFPA 32 for inside storage or treatment tanks.

G. The following changes shall be made to Section 2108, Fire Protection:

1. Change Section 2108.1 to read as follows:

2108.1 General. Fire protection systems, devices, and equipment shall be inspected, tested, and maintained in accordance with the applicable building code Chapter 9.

2. Change Section 2108.2 to read:

(N)2108.2 2108.2 Automatic sprinkler system. Where installed, an automatic sprinkler systemshall be maintained in accordance with the applicable building code.

3. Delete Section 2108.3.

13VAC5-51-139. IFC Chapter 22 Combustible Dust-Producing Operations.

A. Change Section 2201.2 to read:

2201.2 Permits. Permits shall be required for combustible dust-producing operations as set forth in Section 107.2.

B. Delete Sections 2203.1 and 2203.2.

13VAC5-51-140. IFC Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages.

A. The following changes shall be made to Section 2301, General:

1. Change Section 2301.1 to read:

2301.1 Scope. The operation and maintenance of automotive motor fuel-dispensing facilities, marine motor fuel-dispensing facilities, fleet vehicle motor fuel-dispensing facilities, aircraft motorvehicle motor-vehicle fuel-dispensing facilities, and repair garages shall be in accordance with this chapter. Such operations shall include both those that are accessible to the public and private operations.

2. Change Section 2301.2 to read:

2301.2 Permits. Permits shall be required as set forth in Section 107.2.

3. Delete Section 2301.3.

4. Change Section 2301.4 to read:

(N)2301.4 2301.4 Indoor motor fuel-dispensing facilities. Motor fuel-dispensing facilities located inside buildings shall be maintained in accordance with NFPA 30A and the applicable building code.

5. Change Section 2301.5 to read:

(N)2301.5 2301.5 Electrical. Electrical wiring and equipment shall be suitable for the locations in which it is installed in accordance with the applicable building code and shall be maintained in accordance with Section 605, the applicable provisions of NFPA 30A, and the applicable building code NFPA 70.

6. Change Section 2301.6 to read:

2301.6 Heat-producing appliances. Heat-producing appliances shall be suitable for the locations in which they are installed located and shall comply with the applicable provisions of NFPA 30A and the applicable building code.

B. The following changes shall be made to Section 2303, Location of Dispensing Devices:

1. Change Section 2303.1 to read:

(N)2303.1 Location of dispensing devices 2303.1 Dispensing operations. Dispensing devices operations shall be maintained in accordance with the following unless otherwise approved in accordance with the applicable building code. In no case should any of these provisions require demolition or relocation of existing equipment when approved in accordance with the applicable building code:

1. Ten feet (3048 mm) or more from lot lines.

2. Ten feet (3048 mm) or more from buildings having combustible exterior wall surfaces or buildings having noncombustible exterior wall surfaces that are not part of a one-hour fire-resistance-rated assembly or buildings having combustible overhangs.

Exception: Canopies constructed in accordance with the applicable building code providing weather protection for the fuel islands.

3. Such that all portions of the vehicle being fueled will be on the premises of the motor fuel-dispensing facility.

4. Such that the nozzle, when the hose is fully extended, will not reach within 5 feet (1524 mm) of building openings.

5. Twenty feet (6096 mm) or more from fixed sources of ignition.

2. Change Section 2303.2 and delete Section 2303.2.1.

Section 2303.2 to read:

(N)2303.2 2303.2 Emergency disconnect switches. Emergency disconnect switches An approved, clearly identified, and readily accessible emergency disconnect switch shall be maintained at an approved location in accordance with the applicable building code to stop the transfer of fuel to the fuel dispensers in the event of a fuel spill or other emergency. Such devices shall be distinctly labeled: EMERGENCY FUEL SHUTOFF. Signs shall be provided in approved locations.

C. The following changes shall be made to Section 2304, Dispensing Operations:

1. Change Section 2304.2.2 to read:

(N)2304.2.2 2304.2.2 Emergency controls. Approved emergency controls shall be provided in accordance with the applicable building code Emergency disconnect switches shall be maintained in accordance with Section 2303.2.

2. Change Section 2304.3.2 to read:

(N)2304.3.2 2304.3.2 Dispensers. Dispensing devices shall be maintained in accordance with Section 2306.7. Dispensing devices operated by the insertion of coins or currency shall not be used unless approved in accordance with the applicable building code.

3. Change Section 2304.3.3 to read:

2304.3.3 Emergency controls. Approved emergency controls shall be maintained in accordance with the applicable building code Emergency disconnect switches shall be maintained in accordance with Section 2303.2. Emergency controls shall be of a type that is only manually resettable.

4. Change Section 2304.3.5 to read:

2304.3.5 Emergency procedures. An approved emergency procedures sign, in addition to the signs required by Section 2305.6, shall be posted and maintained in a conspicuous location and shall read:

IN CASE OF FIRE SPILL OR RELEASE

1. USE EMERGENCY PUMP SHUTOFF

2. REPORT THE ACCIDENT!

FIRE DEPARTMENT TELEPHONE NO.________

FACILITY ADDRESS:_______________________

D. The following changes shall be made to Section 2305, Operational Requirements:

1. Change Section 2305.2.4 to read:

2305.2.4 Emergency shutoff valves. Automatic emergency shutoff valves shall be checked not less than once each year by manually tripping the hold-open linkage.

2. Change Section 2305.2.5 to read:

2305.2.5 Leak detectors. Leak detection devices shall be checked and tested not less than annually in accordance with the manufacturer's specifications to ensure proper installation and operation.

3. Change Section 2305.4 to read:

2305.4 Sources of ignition. Smoking and open flames shall be prohibited within 20 feet (6096 mm) of a fuel dispensing device. The engines of vehicles being fueled shall be shut off during fueling. Electrical equipment shall be in accordance with NFPA 70.

E. The following changes shall be made to Section 2306, Flammable and Combustible Liquid Motor Fuel-Dispensing Facilities:

1. Change Section 2306.1 to read:

2306.1 General. Operation and maintenance of flammable and combustible liquid motor fuel-dispensing facilities shall be in accordance with Chapter 57 and Sections 2306.2 through 2306.6.3 and other applicable provisions of this code.

2. Change Section 2306.2.1.1 to read:

2306.2.1.1 Inventory control and leak detection for underground tanks. Accurate inventory records shall be maintained on underground fuel storage tanks for indication of possible leakage from tanks and piping. The records shall be kept at the premises or made available for inspection by the fire official within 24 hours of a written or verbal request and shall include records for each tank. Where there is more than one system consisting of tanks serving separate pumps or dispensers for a product, the inventory record shall be maintained separately for each tank system.

Owners and operators of underground fuel storage tanks shall provide release detection for tanks and piping that routinely contain flammable and combustible liquids in accordance with one of the following methods:

1. Monthly inventory control to detect a release of at least 1.0% of flow-through plus 130 gallons.

2. Manual tank gauging for tanks with 2,000 gallon capacity or less when measurements are taken at the beginning and ending of a 36-hour to 58-hour period during which no liquid is added to or removed from the tank.

3. Tank tightness testing capable of detecting a 0.1 gallon per hour leak rate.

4. Automatic tank gauging that tests for loss of liquid.

5. Vapor monitoring for vapors within the soil of the tank field.

6. Groundwater monitoring when the groundwater is never more than 20 feet from the ground surface.

7. Interstitial monitoring between the underground tank and a secondary barrier immediately around or beneath the tank.

8. Other approved methods that have been demonstrated to be as effective in detecting a leak as the methods listed above.

A consistent or accidental loss of product shall be immediately reported to the fire official.

3. Change Section 2306.2.2 to read:

(N)2306.2.2 2306.2.2 Aboveground tanks located inside buildings. Aboveground tanks for the storage of Classes I, II, and IIIA liquid fuels are allowed to be located in buildings shall be maintained in accordance with where permitted by the applicable building code.

4. Change Section 2306.2.3 to read:

(N)2306.2.3 2306.2.3 Aboveground tanks located outside outdoors, above grade. Aboveground tanks located outside shall be maintained in accordance with shall not be used for the storage of Class I, II, or III liquid motor fuels unless approved in accordance with the applicable building code. Tanks located at farms, construction projects, or rural areas shall comply with Section 5706.2.

5. Delete Table 2306.2.3.

6. Change Section 2306.2.4 to read:

(N)2306.2.4 2306.2.4 Aboveground tanks located in above-grade vaults or below-grade vaults. Aboveground tanks located in above-grade vaults or below-grade vaults shall be maintained in accordance with used for storage of Class I, II, or IIIA liquid motor fuels are allowed to be installed in vaults located above grade or below grade where permitted by the applicable building code.

7. Delete Section 2306.2.4.1.

8. Change Section 2306.2.4.2 to read:

(N)2306.2.4.2 2306.2.4.2 Fleet vehicle motor fuel-dispensing facilities. Tanks storing liquids at a fleet vehicle motor fuel-dispensing facility shall be maintained in accordance with the applicable building code.

9. Change Section 2306.2.6 to read:

(N)2306.2.6 2306.2.6 Special enclosures. Special enclosures shall be maintained in accordance with the applicable building code.

10. Change Section 2306.5 to read:

(N)2306.5 2306.5 Secondary containment. Aboveground tanks provided with drainage control or diking Drainage control or diking for aboveground tanks shall be maintained in accordance with Chapter 57 and Secondary containment systems shall be monitored either visually or automatically. Emergency venting for enclosed secondary containment systems shall be maintained and remain in accordance with the applicable building code.

Note: Drainage control and diking is not required for listed secondary containment tanks.

11. Change Section 2306.6 to read:

(N)2306.6 2306.6 Piping, valves, fittings and ancillary equipment for use with flammable or combustible liquids. The design, fabrication, and assembly, testing and inspection of piping, valves, fittings, and ancillary equipment for use with flammable or combustible liquids shall be maintained in accordance with the applicable building code. The testing and inspection of piping, valves, fittings, and ancillary equipment for use with flammable or combustible liquids shall be in accordance with Chapter 57 and Sections 2306.6.1 through 2606.6.3.

12. Change Section 2306.6.2 to read:

(N)2306.6.2 2306.6.2 Piping, valves, fittings, and ancillary equipment for aboveground tanks for Classes I, II, and III liquids. Piping, valves, fittings, and ancillary equipment for aboveground tanks for storing Classes I, II, and III liquids shall be maintained in accordance with this section and in accordance with the applicable building code.

13. Delete Change Section 2306.6.2.1. to read:

2306.6.2.1 Tank openings. Tank openings for aboveground tanks shall be through the top only unless specifically approved in accordance with the applicable building code.

14. Change Section 2306.6.2.2 to read:

(N)2306.6.2.2 2306.6.2.2 Fill-pipe connections. The fill pipe for aboveground tanks shall be maintained Unless otherwise approved in accordance with the applicable building code, the fill pipe operation for aboveground tanks shall be provided with a means for making a direct connection to the tank vehicle's fuel-delivery hose so that the delivery of fuel is not exposed to the open air during the filling operation.

15. Change Section 2306.6.2.3 to read:

(N)2306.6.2.3 2306.6.2.3 Overfill protection. Overfill protection for aboveground flammable and combustible liquid storage tanks shall be maintained in accordance with Chapter 57 and the applicable building code.

16. Change Section 2306.6.2.4 to read:

(N)2306.6.2.4 2306.6.2.4 Siphon prevention. An approved antisiphon method Antisiphon methods provided in the piping system to prevent flow of liquid by siphon action shall be maintained in accordance with the applicable building code.

17. Change Section 2306.6.2.5 to read:

(N)2306.6.2.5 2306.6.2.5 Emergency relief venting. Aboveground Emergency relief venting for aboveground storage tanks, tank compartments, and enclosed secondary containment spaces shall be maintained in accordance with Chapter 57 and the applicable building code.

18. Change Section 2306.6.2.6 to read:

(N)2306.6.2.6 2306.6.2.6 Spill containers. Spill containers shall be maintained A spill container having a capacity of not less than 5 gallons (19 L) shall be provided for each fill connection. For tanks with a top fill connection, spill containers shall be noncombustible and shall be fixed to the tank and equipped with a manual drain valve that drains into the primary tank unless specifically approved otherwise in accordance with the applicable building code. For tanks with a remote fill connection, a portable spill container is allowed.

19. Change Section 2306.6.3 to read:

(N)2306.6.3 2306.6.3 Piping, valves, fittings, and ancillary equipment for underground tanks. Piping, valves, fittings, and ancillary equipment for underground tanks shall be maintained in accordance with Chapter 57, the applicable provisions of NFPA 30A, and the applicable building code.

20. Change Section 2306.7 to read:

(N)2306.7 2306.7 Fuel-dispensing systems for flammable or combustible liquids. Fuel-dispensing systems for flammable or combustible liquid fuels shall be maintained in accordance with Sections 2306.7.1 through 2306.7.9.2.4 and the applicable building code. Alcohol-blended fuel-dispensing systems shall also be maintained in accordance with Section 2306.8.

21. Delete Change Section 2306.7.1. to read:

2306.7.1 Listed equipment. Electrical equipment, dispensers, hose, nozzles, and submersible or subsurface pumps used in fuel dispensing systems shall be listed unless otherwise approved in accordance with the applicable building code.

22. Delete Change Section 2306.7.2. to read:

2306.7.2 Fixed pumps required. Unless otherwise approved in accordance with the applicable building code, Classes I and II liquids shall be transferred from tanks by means of fixed pumps that allow control of the flow and prevent leakage or accidental discharge.

23. Change Section 2306.7.3 to read:

(N)2306.7.3 2306.7.3 Mounting of dispensers. Dispensing devices Unless otherwise approved in accordance with the applicable building code, dispensing devices, except those installed on top of a protected aboveground tank that qualifies as vehicle-impact resistant, shall be maintained as protected against physical damage by a concrete island 6 inches (152 mm) or more in height or shall maintain protection in accordance with Section 312. Dispensing devices shall be maintained securely fastened to their mounting surface in accordance with the dispenser manufacturer's instructions. Unless otherwise approved, dispensing devices installed indoors shall be located in a position where they cannot be struck by an out-of-control vehicle descending a ramp or other slope in accordance with the applicable building code.

24. Change Section 2306.7.4 to read:

(N)2306.7.4 2306.7.4 Dispenser emergency shutoff valve. Dispenser emergency shutoff valves Unless otherwise approved in accordance with the applicable building code, an approved automatic emergency shutoff valve designed to close in the event of a fire or impact shall be maintained in the liquid supply line at the base of each dispenser supplied by a remote pump. Such valve shall be maintained in accordance with the applicable building code. Emergency shutoff valves shall be maintained in accordance with the manufacturer's instructions and tested at least yearly in accordance with Section 2305.2.4.

25. Change Section 2306.7.5 to read:

(N)2306.7.5 2306.7.5 Dispenser hose. Dispenser hoses shall be maintained a maximum of 18 feet (5486 mm) in length unless otherwise approved in accordance with the applicable building code. Dispenser hoses shall be maintained as listed and approved. When not in use, hoses shall be reeled, racked, or otherwise protected from damage.

26. Change Section 2306.7.5.1 to read:

(N)2306.7.5.1 2306.7.5.1 Emergency breakaway devices. Emergency breakaway devices shall be maintained Unless otherwise approved in accordance with the applicable building code, dispenser hoses for Classes I and II liquids shall be maintained with a listed emergency breakaway device designed to retain liquid on both sides of a breakaway point. Such devices shall be maintained in accordance with the manufacturer's instruction. Where hoses are attached to hose-retrieving mechanisms, the emergency breakaway device shall remain between the hose nozzle and point of attachment of the hose-retrieval mechanism to the hose.

27. Change Section 2306.7.6 to read:

(N)2306.7.6 2306.7.6 Fuel delivery nozzles. Fuel delivery nozzles shall be maintained Unless specifically approved otherwise in accordance with the applicable building code, island-type dispensers used for dispensing Class I, II or III liquids shall be maintained with a listed automatic-closing-type nozzle valve with or without a latch-open device, and overhead-type dispensing units shall be maintained with a listed automatic-closing-type nozzle valve without a latch-open device.

Exception: A listed automatic-closing-type hose nozzle valve with latch-open device is allowed to be used on overhead-type dispensing units where the design of the system is such that the hose nozzle valve will close automatically in the event the valve is released from a fill opening or upon impact with a driveway.

28. Delete Section 2306.7.6.1.

29. Change Section 2306.7.7 to read:

(N)2306.7.7 2306.7.7 Remote pumping systems. Remote pumping systems for liquid fuels shall be maintained in accordance with Sections 2306.7.7.1 and 2306.7.7.2 and the applicable building code.

30. Change Section 2306.7.7.1 to read:

(N)2306.7.7.1 2306.7.7.1 Leak detection. Leak detection devices shall be maintained in accordance with the applicable building code. Unless otherwise approved by the applicable building code, where remote pumps are used to supply fuel dispensers, each pump shall maintain a listed leak detection device on the discharge side that will detect a leak in the piping or dispensers and provide an indication of the leak. A leak detection device is not required if the piping from the pump discharge to under the dispenser is above ground and visible.

31. Delete Change Section 2306.7.7.2. to read:

2306.7.7.2 Location. Remote pumps installed above grade, outside of buildings, shall remain in approved locations in accordance with the applicable building code. Dispensing operations shall not be less than 10 feet (3048 mm) from lines of adjoining property that can be built upon and not less than 5 feet (1524 mm) from any building opening. Pumps shall be maintained substantially anchored and protected against physical damage. In no case should any of these provisions require demolition or relocation of existing equipment approved in accordance with the applicable building code.

32. Change Section 2306.7.9 to read:

(N)2306.7.9 2306.7.9 Vapor-recovery and vapor-processing systems. Vapor-recovery and vapor-processing systems shall be maintained in accordance with Sections 2306.7.9.1.1 through 2306.7.9.2.4 and the applicable building code.

33. Change Section 2306.7.9.1 to read:

(N)2306.7.9.1 2306.7.9.1 Vapor-balance systems. Vapor-balance systems shall be maintained in accordance with Sections 2306.7.9.1.1 through 2306.7.9.1.5 and the applicable building code.

34. Change Section 2306.7.9.1.1 to read:

(N)2306.7.9.1.1 2306.7.9.1.1 Dispensing devices. Dispensing devices shall be maintained incorporating provisions for vapor recovery shall be listed and labeled, unless otherwise approved in accordance with the applicable building code. Where dispensing devices are modified for vapor recovery, such modifications shall be approved in accordance with the applicable building code and a listing report by a nationally recognized testing laboratory made available to the fire official upon request. Means shall be maintained to shut down fuel dispensing in the event the vapor return line becomes blocked.

35. Change Section 2306.7.9.1.2 to read:

(N)2306.7.9.1.2 2306.7.9.1.2 Vapor-return line closeoff. Vapor-return line closeoffs shall be maintained An acceptable method, in accordance with the applicable building code, shall be maintained to close off the vapor return line from dispensers when the product is not being dispensed.

36. Change Section 2306.7.9.1.3 to read:

(N)2306.7.9.1.3 2306.7.9.1.3 Piping. Piping in vapor-balance systems shall be maintained in accordance with Sections 5703.6, 5704.2.9, and 5704.2.11. Unless otherwise approved in with the applicable building code, vapor return piping shall be maintained in a manner than drains back to the tank, without sags or traps in which the liquid can become trapped. Where provided, condensate tanks shall be maintained so that they can be drained without opening.

37. Change Section 2306.7.9.1.4 to read:

(N)2306.7.9.1.4 2306.7.9.1.4 Flexible joints and shear joints. Flexible joints and shear joints shall be maintained in accordance with Section 5703.6.9. Unless otherwise approved in accordance with the applicable building code, shear joints shall remain rigidly mounted and connected by a union in the vapor return piping at the base of each dispensing device and shall remain mounted flush with the top of the surface on which the dispenser is mounted.

38. Delete Change Section 2306.7.9.1.5. to read:

2306.7.9.1.5 Testing. Existing vapor return lines and vent piping shall be tested in accordance with Section 5703.6.3 when the fire official has reasonable cause to believe that a leak exists.

39. Change Section 2306.7.9.2 to read:

(N)2306.7.9.2 2306.7.9.2 Vapor-processing systems. Vapor-processing systems shall be maintained in accordance with Sections 2306.7.9.2.1 through 2306.7.9.2.4 and the applicable building code.

40. Change Section 2306.7.9.2.1 to read:

(N)2306.7.9.2.1 2306.7.9.2.1 Equipment. Equipment Unless otherwise approved in accordance with the applicable building code, equipment in vapor-processing systems, including hose nozzle valves, vapor pumps, flame arresters, fire checks or systems for prevention of flame propagation, controls, and vapor-processing equipment, shall be individually maintained in accordance with the applicable building code as listed for the intended use in a specified manner. Equipment for prevention of flame or propagation that has been tested and listed as suitable for the intended use in vapor processing systems that introduce air into the underground piping or storage tanks shall be maintained.

41. Delete Change Section 2306.7.9.2.2. to read:

2306.7.9.2.2 Location. Unless otherwise approved in accordance with the applicable building code, vapor-processing equipment shall remain located at grade or above grade and vapor processing units shall be operated not less than 10 feet (3048 mm) from the nearest building or lot line of a property that can be built upon. Sources of ignition shall be located not less than 50 feet (15,240 mm) from fuel-transfer areas and not less than 18 inches (457 mm) above tank fill openings and tops of dispenser islands.

42. Delete Change Section 2306.7.9.2.2.1. to read:

2306.7.9.2.2.1 Distance from dispensing devices. Unless otherwise approved in accordance with the applicable building code, vapor-processing equipment functioning during dispensing operations shall maintain a minimum of 20 feet (6096 mm) from dispensing devices.

43. Change Section 2306.7.9.2.2.2 to read:

(N)2306.7.9.2.2.2 2306.7.9.2.2.2 Physical protection. Physical protection for vapor-processing equipment shall be maintained in accordance with Section 312 or the applicable building code. Where approved protective enclosures are used, approved means shall be maintained to ventilate the volume within the enclosure to prevent pocketing of flammable vapors.

44. Delete Section 2306.7.9.2.2.3.

45. Delete Change Section 2306.7.9.2.3. to read:

2306.7.9.2.3 Mounting. Unless otherwise approved in accordance with the applicable building code, vapor-processing units shall be maintained securely mounted on concrete, masonry or structural steel supports on concrete, or other noncombustible foundations. Vapor-recover and vapor-processing equipment is allowed to be operated on roofs where approved in accordance with the applicable building code.

46. Change Section 2306.7.9.2.4 to read:

(N)2306.7.9.2.4 2306.7.9.2.4 Piping. Piping in a mechanical-assist system shall be maintained in accordance with Section 5703.6 and the applicable building code.

47. Change Section 2306.8 to read:

(N)2306.8 2306.8 Alcohol-blended fuel-dispensing operations. Alcohol-blended fuel-dispensing systems shall be maintained in accordance with Section 2306.7, Sections 2306.8.1 through 2306.8.5, and the applicable building code.

48. Delete Change Section 2306.8.2. to read:

2306.8.2 Compatibility. Dispensers shall only be used with the fuels for which they have been listed, which are marked on the product in accordance with § 59.1-167.1 of the Code of Virginia. Field installed components, including hose assemblies, breakaway couplings, swivel connectors, and hose nozzle valves, shall be maintained in accordance with the listing and marking on the unit.

49. Delete Change Section 2306.8.3. to read:

2306.8.3 Facility identification. Facilities dispensing alcohol-blended fuels shall be identified in accordance with § 59.1-167.1 of the Code of Virginia.

50. Delete Change Section 2306.8.4. to read:

2306.8.4 Marking. Dispensers shall be marked in an approved manner to identify the types of alcohol-blended fuels being dispensed.

F. The following changes shall be made to Section 2307, Liquefied Petroleum Gas Motor Fuel-Dispensing Facilities:

1. Change Section 2307.1 to read:

(N)2307.1 2307.1 General. Operation and maintenance of motor fuel-dispensing facilities for liquefied petroleum gas (LP-gas) fuel shall be in accordance with this section and other applicable provisions of this code.

2. Delete Change Section 2307.2. to read:

2307.2 Approvals. Unless otherwise approved in accordance with the applicable building code, storage vessels and equipment for the storage or dispensing of LP-gas shall be maintained as approved or listed in accordance with Sections 2307.2.1 and 2307.2.2 and the applicable building code.

3. Delete Change Section 2307.2.1. to read:

2307.2.1 Approved equipment. Unless otherwise approved in accordance with the applicable building code, containers; pressure relief devices, including pressure relief valves; pressure regulators; and piping for LP-gas shall be approved in accordance with the applicable building code.

4. Delete Change Section 2307.2.2. to read:

2307.2.2 Listed equipment. Unless specifically approved otherwise in accordance with the applicable building code, hoses, hose connections, vehicle fuel connections, dispensers, LP-gas pumps, and electrical equipment for LP-gas shall be listed in accordance with the applicable building code.

5. Change Section 2307.3 to read:

2307.3 Attendants. Motor fuel-dispensing operations for LP-gas shall be conducted by qualified attendants or in accordance with Section 2307.6 by persons trained in the proper handling of LP-gas.

6. Change Section 2307.4 to read:

(N)2307.4 2307.4 Location of dispensing operations and equipment. LP-gas containers shall be located Unless specifically approved otherwise in accordance with the applicable building code, the point of transfer for LP-gas dispensing operations shall be 25 feet (7620 mm) or more from buildings having combustible exterior wall surfaces, buildings having noncombustible exterior wall surfaces that are not part of a one-hour fire-resistance-rated assembly, or buildings having combustible overhangs, lot lines of property that could be built on, public streets, or sidewalks and railroads and at least 10 feet (3048 mm) from driveways and buildings having noncombustible exterior wall surfaces that are part of a fire-resistance-rated assembly having a rating of one hour or more. In no case should any of these provisions require demolition or relocation of existing equipment approved in accordance with the applicable building code.

Exception: The point of transfer for LP-gas dispensing operations need not be separated from canopies that are constructed in accordance with the applicable building code and that provide weather protection for the dispensing equipment. LP-gas containers shall remain located in accordance with Chapter 61 and the applicable building code. LP-gas storage and dispensing equipment shall be operated outdoors and in accordance with Section 2306.7 unless otherwise approved in accordance with the applicable building code.

7. Delete Change Section 2307.5. to read:

2307.5 Additional requirements for LP-gas dispensers and equipment. Unless specifically approved otherwise in accordance with the applicable building code, LP-gas dispensers and related equipment shall be maintained in accordance with the following provisions:

1. Pumps shall remain fixed in place and shall be maintained to allow control of the flow and to prevent leakage and accidental discharge.

2. Dispensing devices operated within 10 feet (3048 mm) of where vehicular traffic occurs shall be protected against physical damage by mounting on a concrete island 6 inches (152 mm) or more in height or shall be protected in accordance with Section 312.

3. Dispensing devices shall remain securely fastened to their mounting surface in accordance with the dispenser manufacturer's instructions.

8. Delete Change Section 2307.6. to read:

2307.6 Maintenance of LP-gas dispensing devices and equipment. LP-gas dispensing systems shall be maintained and remain in accordance with the applicable building code. The operation of LP-gas dispensing systems shall be in accordance with Sections 2307.6.1 through 2307.6.3 and Chapter 61. LP-gas dispensers and dispensing stations shall be maintained in accordance with the manufacturer's specifications and their listing.

9. Delete Change Section 2307.6.1. to read:

2307.6.1 Valves. Unless otherwise approved in accordance with the applicable building code, a manual shutoff valve and an excess flow-control check valve shall be maintained in the liquid line between the pump and the dispenser inlet where the dispensing device is installed at a remote location and is not part of a complete storage and dispensing unit mounted on a common base; an excess flow-control check valve or an emergency shutoff valve shall be maintained in or on the dispenser at the point at which the dispenser hose is connected to the liquid piping; a differential backpressure valve shall be considered equivalent protection; and a listed shutoff valve shall be maintained at the discharge end of the transfer hose.

10. Change Section 2307.6.2 to read:

(N)2307.6.2 2307.6.2 Hoses. Hoses Unless otherwise approved in accordance with the applicable building code, hoses and piping for the dispensing of LP-gas shall be maintained in accordance with the applicable building code. maintain hydrostatic relief valves. Hose length for dispensing operations shall not exceed 18 feet (5486 mm). An approved method shall be maintained to protect the hose against mechanical damage.

11. Delete Section Change Sections 2307.6.3. and 2307.6.4 to read:

2307.6.3 Emergency breakaway devices. Unless otherwise approved in accordance with the applicable building code, a listed emergency breakaway device to retain liquid on both sides of the breakaway point shall be maintained on dispensing hoses. Where hoses are attached to hose-retrieving mechanisms, the emergency breakaway device shall be maintained such that the breakaway device activates to protect the dispenser from being displaced.

2307.6.4 Vehicle impact protection. Where operated within 10 feet of vehicle traffic, LP-gas storage containers, pumps and dispensers shall maintain protection in accordance with Section 2307.5, Item 2, unless otherwise approved in accordance with the applicable building code.

12. Change Section 2307.7 to read:

(N)2307.7 2307.7 Public fueling of motor vehicles. Self-service LP-gas dispensing systems, including key, code, and card lock dispensing systems, shall be limited to the filling of permanently mounted containers providing fuel to the LP-gas powered vehicle. The requirements for self-service LP-gas dispensing systems shall be in accordance with the following:

1. The arrangement and operation of the transfer of product into a vehicle shall be in accordance with this section and Chapter 61.

2. The system shall maintain an emergency shut-off switch located in accordance with the applicable building code.

3. The owner of the LP-gas motor fuel-dispensing facility or the owner's designee shall provide for the safe operation of the system and the training of users.

4. Unless otherwise approved in accordance with the applicable building code, the dispenser and hose-end valve shall release not more than 1/8 fluid ounce (4 cc) of liquid to the atmosphere upon breaking the connection with the fill valve on the vehicle.

3. 5. Portable fire extinguishers shall be provided in accordance with Section 2305.5.

4. 6. Warning signs shall be provided in accordance with Section 2305.6.

5. 7. The area around the dispenser shall be maintained in accordance with Section 2305.7.

G. The following changes shall be made to Section 2308, Compressed Natural Gas Motor Fuel-Dispensing Facilities:

1. Change Section Sections 2308.1 through 2308.3.1 to read:

2308.1 General. Motor fuel-dispensing facilities for compressed natural gas (CNG) fuel shall be maintained and remain in accordance with the applicable building code. Such facilities shall be operated and maintained in accordance with this section and Chapter 53.

2308.2 Approvals. Unless otherwise approved in accordance with the applicable building code, storage vessels and equipment used for the storage, compression, or dispensing of CNG shall be approved or listed in accordance with Sections 2308.2.1 and 2308.2.2 and the applicable building code.

2308.2.1 Approved equipment. Containers, compressors, pressure relief devices (including pressure relief valves), and pressure regulators and piping used for CNG shall be approved.

2308.2.2 Listed equipment. Hoses, hose connections, dispensers, gas detection systems, and electrical equipment used for CNG shall be maintained in accordance with their listing. Vehicle-fueling connections shall be listed and labeled in accordance with the applicable building code.

2308.3 Location of dispensing operations and equipment. Unless approved otherwise in accordance with the applicable building code and Chapter 53, compression, storage, and dispensing equipment shall be located above ground and outside.

2. Change Section 2308.2.2 to read:

(N)2308.2.2 Listed equipment. Hoses, hose connections, dispensers, gas detection systems, and electrical equipment used for CNG shall be listed. Vehicle-fueling connections shall be listed and labeled and maintained in accordance with the applicable building code.

3. Delete Section 2308.3.

4. Delete Section

2308.3.1. Location of operations on property. Unless otherwise approved in accordance with the applicable building code, compression, storage, and dispensing equipment not located in vaults complying with Chapter 53 shall be maintained and operated in accordance with Section 2303.1 and the following. In no case should any of these provisions require demolition or relocation of existing equipment when approved in accordance with the applicable building code.

1. Not beneath power lines.

2. Ten feet (3048 mm) or more from the nearest building or lot line that could be built on, public street, sidewalk, or source of ignition.

Exception: Dispensing equipment need not be separated from canopies that are constructed in accordance with the applicable building code and that provide weather protection for the dispensing equipment.

3. Twenty-five feet (7620 mm) or more from the nearest rail of any railroad track and 50 feet (15,240 mm) or more from the nearest rail of any railroad main track or any railroad or transit line where power for train propulsion is provided by an outside electrical source, such as third rail or overhead catenary.

4. Fifty feet (15,240 mm) or more from the vertical plane below the nearest overhead wire of a trolley bus line.

5. 2. Change Section 2308.5 to read:

(N)2308.5 2308.5 Pressure regulators. Pressure Unless otherwise approved in accordance with the applicable building code, pressure regulators shall be maintained in accordance with the applicable building code. so that their operation will not be affected by the elements (freezing rain, sleet, snow, or ice), mud, or debris. The protection is allowed to be an integral part of the regulator.

6. 3. Change Section 2308.6 to read:

(N)2308.6 2308.6 Valves. Gas piping to equipment shutoff valves shall be maintained Unless otherwise approved in accordance with the applicable building code, the remote, readily accessible manual shutoff valve shall be maintained.

7. 4. Change Section 2308.7 to read:

(N)2308.7 2308.7 Emergency shutdown control. Emergency shutdown controls shall be maintained and remain within 75 feet (22,860 mm) of, but not less than 25 feet (7620 mm) from, dispensers as well as in the compressor area unless otherwise approved in accordance with the applicable building code. Where provided, and upon activation, the emergency shutdown system shall be maintained to automatically shut off the power supply to the compressor and close valves between the main gas supply and the compressor and between the storage containers and dispensers.

H. The following changes shall be made to Section 2309, Hydrogen Motor Fuel-Dispensing and Generation Facilities:

1. Change Section 2309.1 to read:

2309.1 General. Operation and maintenance of hydrogen motor fuel-dispensing and generation facilities shall be in accordance with this section and other applicable provisions of this code. Hydrogen motor fuel-dispensing facilities shall be maintained and remain in accordance with the applicable building code. Such facilities shall be operated and maintained in accordance with this section and Chapter 58. Where a fuel-dispensing facility includes a repair garage, the repair operation shall comply with Section 2311.

2. Change Section 2309.2 to read:

(N)2309.2 2309.2 Equipment. Equipment Unless otherwise approved in accordance with the applicable building code, equipment used for the generation, compression, storage, or dispensing of hydrogen shall be maintained or the specific application in accordance with the applicable building code Sections 2309.2.1 through 2309.2.3.

3. Change Section 2309.2.1 to read:

(N)2309.2.1 2309.2.1 Approved equipment. Cylinders Unless otherwise approved in accordance with the applicable building code, cylinders, containers, and tanks; pressure relief devices, including pressure valves; hydrogen vaporizers; pressure regulators; and piping used for gaseous hydrogen systems shall be maintained in accordance with the applicable building code Chapters 53, 55, and 58.

4. Change Section 2309.2.2 to read:

(N)2309.2.2 2309.2.2 Listed or approved equipment. Hoses Unless otherwise approved in accordance with the applicable building code, hoses, hose connections, compressors, hydrogen generators, dispensers, detection systems, and electrical equipment used for hydrogen shall be maintained as listed and labeled or approved for use with hydrogen and maintained in accordance with the applicable building code.

5. Change Section 2309.2.3 to read:

(N)2309.2.3 2309.2.3 Electrical equipment. Electrical installations shall be maintained and remain in accordance with the applicable building code. Portable or temporary electrical equipment shall be in accordance with NFPA 70.

6. Change Section 2309.3 to read:

(N)2309.3 2309.3 Location on property. Location of dispensing equipment shall be maintained in accordance with the applicable building code. Unless otherwise approved in accordance with the applicable building code, dispensing equipment operations shall remain located in accordance with the applicable building code and maintained in accordance with Section 2303.1 and Sections 2309.3.1 through 2309.3.2.

7. Change Section 2309.1.1 2309.3.1.1 to read:

(N)2309.3.1.1 2309.3.1.1 Outdoors. Generation, compression, or storage equipment shall be allowed outdoors where maintained in accordance with Chapter 58 and NFPA 2 or the applicable building code.

8. Change Section 2309.3.1.2 to read:

(N)2309.3.1.2 2309.3.1.2 Indoors. Generation, compression, storage and dispensing equipment shall be maintained in accordance with the applicable building code. operations located in indoor rooms or other approved areas shall remain in accordance with the requirements of the applicable building code and the maintenance provisions of NFPA 2, including ventilation.

9. Change Section 2309.3.1.3 to read:

(N)2309.3.1.3 2309.3.1.3 Gaseous hydrogen storage. Storage Unless otherwise approved in accordance with the applicable building code, storage of gaseous hydrogen shall be maintained in accordance with the applicable building code Chapters 53 and 58.

10. Change Section 2309.3.1.4 to read:

(N)2309.3.1.4 2309.3.1.4 Liquefied hydrogen storage. Storage Unless otherwise approved in accordance with the applicable building code, storage of liquefied hydrogen shall be maintained in accordance with the applicable building code Chapters 55 and 58.

11. Change Section 2309.3.1.5 to read:

(N)2309.3.1.5 2309.3.1.5 Canopy tops. Gaseous Unless otherwise approved in accordance with the applicable building code, gaseous hydrogen compression and storage equipment operations located on top of motor fuel-dispensing facility canopies shall be maintained in accordance with the applicable building code. Sections 2309.3.1.5.1 through 2309.3.1.5.5, Chapters 53 and 58, and the applicable building code.

Note: Canopy methods and materials require special conditions that must be maintained in accordance with the applicable building code.

12. Delete Section 2309.3.1.5.1.

13. Change Section 2309.3.1.5.2 to read:

(N)2309.3.1.5.2 2309.3.1.5.2 Fire-extinguishing systems. Fire-extinguishing systems provided for fuel-dispensing areas under canopies shall be maintained in accordance with Chapter 9 and remain in accordance with the applicable building code.

14. Delete Change Section 2309.3.1.5.3. to read:

2309.3.1.5.3 Emergency discharge. Where provided, operation of the fire-extinguishing system shall be maintained to activate an automatic emergency discharge system that will discharge the hydrogen gas from the equipment on the canopy top through the vent pipe system.

15. Delete Change Section 2309.3.1.5.4. to read:

2309.3.1.5.4 Emergency shutdown control. Where provided, operation of the fire extinguishing system shall be maintained to activate the emergency shutdown control required to be maintained by Section 2309.5.3.

16. Delete Section 2309.3.2.

17. Change Section 2309.4.1 to read:

(N)2309.4.1 2309.4.1 Dispensing systems. Dispensing systems shall be maintained in accordance with the applicable building code. Unless otherwise approved in accordance with the applicable building code, dispensing systems with an overpressure protection device shall be maintained set at 140% of the service pressure of the fueling nozzle it supplies.

18. Change Section 2309.5 to read:

(N)2309.5 2309.5 Safety precautions. Safety precautions at hydrogen motor fuel-dispensing and generation facilities shall be in accordance with Sections 2309.5.1 through 2309.5.3 2309.5.3.1.

19. Change Section 2309.5.2 to read:

(N)2309.5.2 2309.5.2 Emergency shutoff valves. Manual emergency shutoff valves shall be maintained in accordance with the applicable building code. Unless otherwise approved in accordance with the applicable building code, a manual emergency shutoff valve to shut down the flow of gas from the hydrogen supply to the piping system shall be maintained.

20. Change Section 2309.5.3 to read:

(N)2309.5.3 2309.5.3 Emergency shutdown controls. Emergency shutdown controls shall be maintained Unless otherwise approved in accordance with the applicable building code, a remotely located, manually activated shutdown control shall be maintained in addition to the manual emergency shutoff valve referenced by Section 2309.5.2. This emergency shutdown control shall be maintained within 75 feet (22,860 mm) of, but not less than 25 feet (7620 mm) from, dispensers and hydrogen generators unless otherwise approved by the applicable building code.

21. Delete Change Section 2309.5.3.1. to read:

2309.5.3.1 System requirements. Unless otherwise approved in accordance with the applicable building code, activation of the emergency shutdown control shall be maintained to automatically shut off the power supply to all hydrogen storage, compression, and dispensing equipment; shut off natural gas or other fuel supply to the hydrogen generator; and close valves between the main supply and the compressor and between the storage containers and dispensing equipment.

22. Change Section 2309.6 to read:

2309.6 Repairs, purging, defueling, and discharge. The purging, defueling, or discharge activities associated with hydrogen motor fuel supply systems and tanks shall be in accordance with Chapters 53 and 58 and NFPA 2.

Exception: The fuel supply piping from the fuel storage tank to the engine compartment on a motor vehicle or forklift.

Change Section 2309.6.1.2.1.2 to read:

(N)2309.6.1.2.1.2 Vent pipe maximum diameter. Vent pipe diameter shall be maintained in accordance with the applicable building code.

23. Change Section 2309.6.1.2.1.3 to read:

(N)2309.6.1.2.1.3 Maximum flow rate. The maximum rate of hydrogen flow through the vent pipe system shall be maintained in accordance with the applicable building code.

24. Delete Section 2309.6.1.2.2.

25. Delete Section 2309.6.1.2.3.

26. Change Section 2309.6.1.2.4 to read:

(N)2309.6.1.2.4 Grounding and bonding. Grounding and bonding of cylinders, containers or tanks, and piping shall be maintained in accordance with the applicable building code.

27. Change Section 2309.6.2 to read:

(N)2309.6.2 Repair of hydrogen piping. Piping systems containing hydrogen shall not be opened to the atmosphere for repair without first purging the piping with an inert gas to achieve 1% hydrogen or less by volume.

I. The following changes shall be made to Section 2310, Marine Motor Fuel-Dispensing Facilities:

1. Change Section 2310.1 to read:

2310.1 General. The construction of marine motor fuel-dispensing facilities shall be in accordance with this section and other applicable provisions of this code. Marine motor fuel-dispensing facilities shall be maintained and remain in accordance with the applicable building code and the maintenance provisions of NFPA 30A. The storage of Class I, II, or IIIA liquids at marine motor fuel-dispensing facilities shall be maintained in accordance with this chapter and Chapter 57.

2. Change Section 2310.2 to read:

(N)2310.2 2310.2 Storage and handling. The storage and handling of Class I, II, or IIIA liquids at marine motor fuel-dispensing facilities shall be maintained in accordance with the applicable building code Sections 2310.2.1 through 2310.2.3.

3. Change Section 2310.2.1 to read:

(N)2310.2.1 2310.2.1 Class I, II, or IIIA liquid storage. Unless otherwise approved in accordance with the applicable building code, Class I, II, or IIIA liquids stored inside of buildings used for marine motor fuel-dispensing facilities shall be stored in accordance with the applicable building code approved containers or portable tanks. Storage of Class I liquids shall not exceed 10 gallons (38 L).

Exception: Storage in liquid storage rooms in accordance with the applicable building code.

4. Change Section 2310.2.2 to read:

(N)2310.2.2 2310.2.2 Class II or IIIA liquid storage and dispensing. Unless specifically approved otherwise in accordance with the applicable building code, Class II, or IIIA liquids stored or dispensed inside of buildings used for marine motor fuel-dispensing facilities shall be stored in and dispensed in accordance with the applicable building code from approved containers or portable tanks. Storage of Classes II and IIIA liquids shall be maintained to not exceed 120 gallons (454 L).

5. Change Section 2310.2.3 to read:

(N)2310.2.3 2310.2.3 Heating equipment. Heating equipment installed in Class I, II, or IIIA liquid storage or dispensing areas shall be maintained in accordance with the applicable building code comply with Section 2301.6.

6. Change Section 2310.2.3.3 to read:

(N)2310.3.3 2310.3.3 Hoses and nozzles. Hoses and nozzles shall be maintained in accordance with the applicable building code. Unless otherwise approved in accordance with the applicable building code, dispensing of Class I, II, or IIIA liquids into the fuel tanks of marine craft shall be by means of an approved-type hose equipped with a listed automatic-closing nozzle without a latch-open device. Hoses used for dispensing or transferring Class I, II, or IIIA liquids, when not in use, shall be reeled, racked, or otherwise protected from mechanical damage.

7. Change Section 2310.3.5 to read:

(N)2310.3.5 2310.3.5 Liquefied petroleum gas. Liquefied petroleum gas cylinders shall not be filled at marine motor fuel-dispensing facilities unless approved. Approved storage facilities for LP-gas cylinders shall be provided. See also Section 2307.

8. Change Section 2310.6 to read:

(N)2310.6 2310.6 Fire protection. Fire protection features for marine motor fuel-dispensing facilities shall be maintained in accordance with the applicable building code with Sections 2310.6.1 through 2310.6.4 and remain in accordance with the applicable building code.

J. The following changes shall be made to Section 2311, Repair Garages:

1. Change Section 2311.1 to read:

2311.1 General. Operation and maintenance of repair garages shall comply be in accordance with this section and other applicable provisions of this code. Repair garages for vehicles that use more than one type of fuel shall comply with the applicable provisions of this section for each type of fuel used.

Where a repair garage includes a motor fuel-dispensing facility, the fuel-dispensing operation shall comply with the requirements of this chapter for motor fuel-dispensing facilities.

2. Change Section 2311.2 to read:

(N)2311.2 2311.2 Storage and use of flammable and combustible liquids. The storage and use of flammable and combustible liquids in repair garages shall be maintained in accordance with Chapter 57 and Sections 2311.2.1 through 2311.2.4 and remain in accordance with the applicable building code.

3. Change Section 2311.2.3 to read:

(N)2311.2.3 2311.2.3 Drainage and disposal of liquids and oil soaked waste. Contents of oil separators, traps and floor drainage systems shall be collected at sufficiently frequent intervals and removed from the premises to prevent oil from being carried into the sewers.

4. Change Section 2311.3.1 to read:

(N)2311.3.1 2311.3.1 Equipment. Appliances and equipment installed in a repair garage shall be maintained in accordance with Chapter 6, the applicable building code, and the maintenance provisions of NFPA 70.

5. Change Section 2311.4 to read:

(N)2311.4 2311.4 Below-grade areas. Pits and below-grade work areas in repair garages shall be maintained in accordance with the applicable building code comply with Sections 2311.4.1 through 2311.4.3.

6. Delete Section 2311.4.1.

7. Change Section 2311.4.2 to read:

(N)2311.4.2 2311.4.2 Means of egress. Means of egress for pits and below-grade work areas shall be maintained in accordance with Chapter 10 and in accordance with the applicable building code.

8. Change Section 2311.4.3 to read:

(N)2311.4.3 2311.4.3 Ventilation. Where Class I liquids or LP-gas are stored or used within a building having a basement or pit wherein flammable vapors could accumulate, the basement or pit mechanical ventilation, where provided, shall be maintained in accordance with the applicable building code to prevent the accumulation of flammable vapors.

9. Change Section 2311.7.1 to read:

(N)2311.7.1 2311.7.1 Ventilation. Ventilation required for repair garages used for the repair of natural gas-fueled vehicles or hydrogen-fueled vehicles shall be maintained in accordance with the applicable building code.

Exception: Repair garages with natural ventilation when approved.

10. Delete Section 2311.7.1.1.

11. Change Section 2311.7.1.2 to read:

(N)2311.7.1.2 Operation. The mechanical ventilation system shall be maintained in accordance with the applicable building code.

10. Change Section 2311.8 and Sections 2311.8.2 through 2311.8.8 and delete Section 2311.8.6.

Section 2311.8 and Sections 2311.8.2 through 2311.8.8 to read:

2311.8 Repair garages for vehicles fueled by lighter-than-air fuels. The room, motor vehicle repair booth, or motor vehicle repair space containing repair garage activities for the conversion or repair of vehicles that use CNG, LNG, hydrogen, or other lighter-than-air motor fuels shall be in accordance with the applicable building code and Sections 2311.8 through 2311.8.11 in addition to the other requirements of Section 2311. Repair garages for the repair of vehicles that use hydrogen fuel shall be in accordance with this code, the applicable building code, and NFPA 2.

Exceptions:

1. Repair garages where work is conducted only on vehicles that have been defueled and their systems purged with nitrogen gas and where standard operating procedures to document and maintain the fueling status throughout repair operations are approved.

2. Repair garages where work is not performed on the fuel system and is limited to exchange of parts and maintenance not requiring open flame or welding on the CNG-fueled, LNG-fueled, hydrogen-fueled, or other lighter-than-air-fueled motor vehicle.

3. Repair garages for hydrogen-fueled vehicles where work is not performed on the hydrogen storage tank and is limited to the exchange of parts and maintenance not requiring open flame or welding on the hydrogen-fueled vehicle. During the work, the entire hydrogen fuel system shall contain less than 200 cubic feet (5.6 m³) of hydrogen.

4. Repair garages for natural-gas-fueled vehicles where work is not being performed on the fuel storage tank and is limited to the exchange of parts and maintenance not requiring open flame or welding on the natural-gas-fueled vehicle. During the work, the natural gas in the vehicle fuel tank shall contain a pressure of not more than 250 psi at 70°F (1724 kPa at 21°C).

2311.8.2 Repair garages used for the repair of hydrogen-fueled vehicles. Repair garages used for the repair of hydrogen-fueled vehicles are required to be provided with an approved exhaust ventilation system in accordance with the applicable building code and maintained in accordance with Chapter 6 of NFPA 2.

2311.8.3 Motor vehicle repair rooms. Motor vehicle repair rooms shall maintain fire-resistance-rated separation from adjacent areas in accordance with Chapter 7 and the applicable building code.

2311.8.4 Motor vehicle repair booths. The maintenance and operation of motor vehicle repair booths shall be in accordance with Sections 2311.8.4.1 through 2311.8.4.4.

2311.8.4.1 Construction. Motor vehicle repair booths shall be maintained with approved materials in accordance with the applicable building code. Structural sections of motor vehicle repair booths shall remain sealed in an approved manner.

2311.8.4.2 Surfaces. The interior surfaces of motor vehicle repair booths shall be maintained to permit the free passage of exhaust air from all parts of the interior.

2311.8.4.3 Means of egress. Means of egress shall be maintained in accordance with Chapter 10 and the applicable building code.

NOTE: Means of egress doors from premanufactured motor vehicle repair booths shall be in accordance with manufacturer's specifications.

2311.8.4.4 Clear space. Unless otherwise approved by the applicable building code, motor vehicle repair booths shall be maintained so that all parts of the booth provide ready access for cleaning. A clear area not less than 3 feet (914 mm) wide shall be maintained on all sides of the motor vehicle repair booth. This clear area shall be kept free of any storage or combustible construction.

Exceptions:

1. This requirement shall not prohibit locating a motor vehicle repair booth closer than 3 feet (914 mm) to or directly against an interior partition, wall, or floor and ceiling assembly that has a fire-resistance rating of not less than one hour in accordance with the applicable building code, provided that the motor vehicle repair booth can be adequately maintained and cleaned.

2. This requirement shall not prohibit locating a motor vehicle repair booth closer than 3 feet (914 mm) to an exterior wall or a roof assembly, provided that the wall or roof is maintained of noncombustible material in accordance with the applicable building code and the motor vehicle repair booth can be adequately maintained and cleaned.

2311.8.5 Motor vehicle repair spaces. Where such spaces are not separately enclosed, noncombustible spray curtains shall be maintained and used to restrict the spread of flammable gases in accordance with the applicable building code.

2311.8.7 Fire extinguishers. Portable fire extinguishers complying with Section 906 shall be provided and maintained for motor vehicle repair rooms, motor vehicle repair booths, or motor vehicle repair spaces.

2311.8.8 Ventilation. Exhaust ventilation system. Where required by the applicable building code, repair garages used for the repair of CNG, LNG, or other lighter-than-air motor fuels other than hydrogen shall be maintained and operated with an approved mechanical ventilation system. The mechanical exhaust ventilation system shall be in accordance with the applicable building code and Sections 2311.8.8.1 and 2311.8.8.2.

Where approved by the applicable building code, natural ventilation shall be permitted in lieu of mechanical exhaust ventilation.

12. 11. Delete Section 2311.8.8.1.

12. Change Section 2311.7.2 2311.8.8.2 to read:

2311.8.8.2 Operation. Where required by the applicable building code, the mechanical exhaust ventilation system shall operate continuously.

Exceptions:

1. Mechanical exhaust ventilation systems that are interlocked with a gas detection system designed in accordance with Sections 2311.8.9 through 2311.8.9.2.

2. Mechanical exhaust ventilation systems in repair garages that are used only for repair of vehicles fueled by liquid fuels or odorized gases, such as CNG, where the ventilation system is electrically interlocked with the lighting circuit.

13. Change Sections 2311.8.9, 2311.8.9.1, and 2311.8.9.2 to read:

(N)2311.7.2 2311.8.9 Gas detection system. Gas detection systems required for Where required by the applicable building code, repair garages used for repair of vehicles fueled by nonodorized gases, including hydrogen and nonodorized liquefied natural gas, shall be maintained in accordance with the applicable building code (LNG) the gas detection system shall be maintained. Where lubrication or chassis service pits are provided in garages used for repairing nonodorized LNG-fueled vehicles, gas sensors shall be maintained and operated in such pits.

2311.8.9.1 System activation. Required systems shall be maintained and operated as approved to result in all of the following if required by the applicable building code:

1. Initiation of local audible and visual alarms in approved locations.

2. Deactivation of heating systems located in the repair garage.

3. Activation of the mechanical exhaust ventilation system where the ventilation system is interlocked with gas detection.

2311.8.9.2 Failure of the gas detection system. Unless otherwise permitted by the applicable building code, failure of the gas detection system shall automatically deactivate the heating system, activate the mechanical exhaust ventilation system where the system is interlocked with the gas detection system, and cause a trouble signal to sound in an approved location.

13. Delete Section 2311.7.2.1.

14. Delete Section 2311.7.2.1.1.

15. Delete Section 2311.7.2.2.

16. Delete Section 2311.7.2.3.

14. Change Sections 2311.8.10 and 2311.8.11 to read:

2311.8.10 Classified electrical area. Classified electrical areas within 18 inches (450 mm) of a ceiling shall be maintained in accordance with the applicable building code and free of electrical hazards.

2311.8.11 Defueling equipment required at vehicle maintenance and repair facilities. Facilities for repairing or replacing hydrogen fuel tanks on hydrogen-fueled vehicles shall have equipment to defuel vehicle storage tanks. Where work must be performed on a vehicle's fuel storage tank for the purpose of maintenance, repair or cylinder certification, defueling, and purging shall be conducted in accordance with Section 2309.6 and NFPA 2.

13VAC5-51-140.5. IFC Chapter 24 Flammable Finishes.

A. The following change shall be made to Section 2401, General:

Change Section 2401.3 to read:

2401.3 Permits. Permits shall be required as set forth in Section 107.2.

B. The following changes shall be made to Section 2403, Protection of Operations:

1. Change Section 2403.2.1 to read:

(N)2403.2.1 2403.2.1 Electrical wiring and equipment. Electrical wiring and equipment shall be maintained in accordance with this chapter, the applicable building code, the applicable provisions of NFPA 70, and Chapter 6.

2. Change Section 2403.2.1.1 to read:

(N)2403.2.1.1 2403.2.1.1 Flammable vapor areas. Electrical wiring and equipment in flammable vapor areas shall be of an explosion proof type approved for use in such hazardous locations and maintained in accordance with the applicable building code as classified by the applicable building code and shall be maintained in accordance with the applicable provisions of NFPA 70 and Chapter 6.

3. Change Section 2403.2.1.2 to read:

(N)2403.2.1.2 2403.2.1.2 Areas subject to deposits of residues. Flammable Electrical equipment, flammable vapor areas, or drying operations that are subject to splashing or dripping of liquids shall be specifically approved for locations containing deposits of readily ignitable residue and explosive vapors.

Exceptions:

1. The provision shall not apply to wiring in rigid conduit, threaded boxes, or fittings not containing taps, splices, or terminal connections.

2. This provision shall not apply to electrostatic equipment allowed by Section 2407.

In resin application areas, electrical wiring and equipment that is subject to deposits of combustible residues shall be listed for such exposure and shall be installed as required for hazardous (classified) locations. Electrical wiring and equipment not subject to deposits of combustible residues shall be installed as required for ordinary hazard locations.

4. Change Section 2403.2.1.3 to read:

(N)2403.2.1.3 2403.2.1.3 Areas adjacent to spray booths. Electrical Unless otherwise approved by the applicable building code, electrical wiring and equipment located outside of, but within 5 feet (1524 mm) horizontally and 3 feet (914 mm) vertically of, openings in a spray booth or a spray room shall be maintained in accordance with the applicable building code.

5. Change Section 2403.2.5 to read:

(N)2403.2.5 2403.2.5 Grounding. The grounding of metal Metal parts of spray booths, exhaust ducts, and piping systems conveying Class I or II liquids shall be maintained in accordance with the applicable building code electrically grounded in accordance with NFPA 70. Metallic parts located in resin application areas, including exhaust ducts, ventilation fans, spray application equipment, workpieces, and piping, shall be electrically grounded.

C. The following changes shall be made to Section 2404, Spray Finishing:

1. Change Section 2404.1 to read:

(N)2404.1 2404.1 General. The application of flammable or combustible liquids by means of spray apparatus in continuous or intermittent processes shall be in accordance with the requirements of Sections 2403 and 2404.

2. Delete Change Section 2404.2. to read:

2404.2 Location of spray-finishing operations. Unless otherwise approved by the applicable building code, spray finishing operations shall not be conducted in buildings used for Group A, E, I, or R occupancies except where approved in accordance with the applicable building code. In other occupancies, spray-finishing operations shall be conducted in a spray room, spray booth, or spraying space approved for such use where required by the applicable building code.

Exceptions:

1. Automobile undercoating spray operations and spray-on automotive lining operations conducted in areas with approved natural or mechanical ventilation shall be exempt from the provisions of Section 2404 when approved and where utilizing Class IIIA or IIIB combustible liquids.

2. In buildings other than Group A, E, I, or R occupancies, approved limited spraying space in accordance with Section 2404.9.

3. Resin application areas used for manufacturing of reinforced plastics complying with Section 2409 shall not be required to be located in a spray room, spray booth, or spraying space.

3. Delete Change Section 2404.3. to read:

2404.3 Design and construction. Design and construction of spray rooms, spray booths, and spray spaces shall be in accordance with the applicable building code. These areas shall be maintained in accordance with Sections 2404.3 through 2404.3.3.

4. Change Section 2404.3.1 to read:

(N)2404.3.1 2404.3.1 Spray rooms. Spray rooms shall be maintained in accordance with this section and remain in accordance with the applicable building code.

5. Change Section 2404.3.1.1 2404.3.2 to read:

(N)2404.3.1.1 2404.3.2 Floor. Combustible floor construction in spray rooms shall be maintained in accordance with the applicable building code. covered by approved, noncombustible, nonsparking material, except where combustible coverings, including thin paper or plastic and strippable coatings, are utilized over noncombustible materials to facilitate cleaning operations in spray rooms.

6. Change Section 2404.3.2 2404.3.3 to read:

(N)2404.3.2 2404.3.3 Spray booths. Spray booths shall be maintained in accordance with the applicable building code. The design and construction of spray booths shall be in accordance with the applicable building code and maintained in accordance with Sections 2404.3.3.1 through 2403.3.6 and Sections 2404.4 through 2404.8 and the applicable sections of NFPA 33.

7. Delete Section 2404.3.2.1 2404.3.3.1.

8. Change Section 2404.3.2.2 to read:

(N)2404.3.2.2 2404.3.2.2 Surfaces. The interior surfaces of spray booths shall be maintained in accordance with the applicable building code smooth; shall be maintained so as to permit the free passage of exhaust air from all parts of the interior and to facilitate washing and cleaning; and shall be maintained to confine residues within the booth. Aluminum shall not be used unless approved by the applicable building code.

9. Change Section 2404.3.2.3 2404.3.3.3 to read:

(N)2404.3.2.3 2404.3.3.3 Floor covering. Combustible floor construction in spray booths shall be maintained in accordance with the applicable building code covered by approved, noncombustible, nonsparking material, except where combustible coverings, including thin paper or plastic and strippable coatings, are utilized over noncombustible materials to facilitate cleaning operations in spray booths

10. Change Section 2404.3.2.4 2404.3.3.4 to read:

(N)2404.3.2.4 2404.3.3.4 Means of egress. Means of egress shall be maintained in accordance with the applicable building codeand Chapter 10.

11. Change Section 2404.3.2.5 2404.3.3.5 to read:

(N)2404.3.2.5 2404.3.3.5 Clear space. A Spray booths shall be maintained so that all parts of the booth are readily accessible for cleaning. Unless otherwise approved by the applicable building code, a clear space of not less than 3 feet (914 mm) shall be maintained on all sides of the spray booth. This clear space shall be kept free of any storage or combustible construction. If approved in accordance with the applicable building code, the following exceptions may apply:

1. This requirement shall not prohibit locating a spray booth closer than 3 feet (914 mm) to or directly against an interior partition, wall, or floor and ceiling assembly that has a fire-resistance rating of not less than one hour, provided the spray booth can be adequately maintained and cleaned.

2. This requirement shall not prohibit locating a spray booth closer than 3 feet (914 mm) to an exterior wall or a roof assembly, provided the wall or roof is constructed of noncombustible material and the spray booth can be adequately maintained and cleaned.

12. Delete Section 2404.3.2.6 2404.3.3.6.

13. Change Section 2404.3.3 2404.3.4 to read:

(N)2404.3.3 2404.3.4 Spraying spaces. Spraying spaces shall be maintained The design and construction of spray booths shall be in accordance with the applicable building code and maintained in accordance with Section 2404.3.3.1 and Sections 2404.4 through 2404.8.

14. Change Section 2404.3.3.1 2404.3.4.1 to read:

(N)2404.3.3.1 2404.3.4.1 Floor covering. Combustible floor construction in spraying spaces shall be maintained in accordance with the applicable building code covered by approved, noncombustible, nonsparking material, except where combustible coverings, such as thin paper or plastic and strippable coatings, are utilized over noncombustible materials to facilitate cleaning operations in spraying spaces.

15. Change Section 2404.4 to read:

(N)2404.4 2404.4 Fire protection. Automatic Unless otherwise permitted by the applicable building code, spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing systems provided for spray booths shall be maintained in accordance with the applicable building code system complying with the requirements of the applicable building code and maintained in accordance with Chapter 9.

16. Change Section 2404.6.2.1 to read:

(N)2404.6.2.1 2404.6.2.1 Glass panels. Panels for luminaires or for observation shall be maintained in accordance with the applicable building code maintain seals to confine vapors, mists, residues, dusts, and deposits to the flammable vapor area. Panels for luminaires shall be separated from the luminaire to prevent the surface temperature of the panel from exceeding 200°F (93°C).

17. Change Section 2404.6.2.2 to read:

(N)2404.6.2.2 2404.6.2.2 Exterior luminaires. Luminaires attached to the walls or ceilings of a flammable vapor area, but outside of any classified area and separated from the flammable vapor areas by vapor-tight glass panels, shall be maintained in accordance with the applicable building code suitable for use in ordinary hazard locations. Such luminaires shall be serviced from outside the flammable vapor areas.

18. Change Section 2404.6.2.3 to read:

(N)2404.6.2.3 2404.6.2.3 Integral luminaires. Luminaires that are an integral part of the walls or ceiling of a flammable vapor area are allowed to be separated from the flammable vapor area by glass panels that are an integral part of the luminaire. Such luminaires shall be maintained in accordance with the applicable building code used only if listed for use in hazardous locations in accordance with the applicable building code and also shall be suitable for accumulations of deposits of combustible residues. Such luminaires are allowed to be serviced from inside the flammable vapor area.

19. Change Section 2404.7 to read:

(N)2404.7 2404.7 Ventilation. Mechanical ventilation of flammable vapor areas shall be maintained and operated in accordance with the applicable building code.

20. Change Section 2404.7.1 to read:

(N)2404.7.1 2404.7.1 Operation. Where provided, mechanical ventilation shall be kept in operation at all times while spraying operations are being conducted and for a sufficient time thereafter to allow vapors from drying coated articles and finishing material residue to be exhausted.

21. Delete Change Section 2404.7.2. 2404.7.2 to read:

2404.7.2 Recirculation. Air exhausted from spraying operations shall not be recirculated unless otherwise permitted by the applicable building code.

22. Change Section 2404.7.3 to read:

(N)2404.7.3 2404.7.3 Air velocity. The required air velocity for ventilation systems shall be maintained in accordance with the applicable building code.

23. Change Section 2404.7.3.1 to read:

(N)2404.7.3.1 2404.7.3.1 Open-face or open-front spray booth. For spray application operations conducted in an open-face or open-front spray booth, the ventilation system air velocity shall be maintained in accordance with the requirements of the applicable building code.

24. Change Section 2404.7.3.2 to read:

(N)2404.7.3.2 2404.7.3.2 Enclosed spray booth or spray room with openings for product conveyance. For spray application operations conducted in an enclosed spray booth or spray room with openings for product conveyance, the ventilation system shall be maintained in accordance with the applicable building code.

25. Delete Section 2404.7.5.

26. Change Section 2404.7.6 to read:

(N)2404.7.6 2404.7.6 Termination point. The Unless otherwise permitted by the applicable building code, the termination point for exhaust ducts discharging to the atmosphere shall be maintained in accordance with the applicable building code. to be not less than the distances listed as follows. Termination locations at less than these distances shall be evaluated by the building official for compliance in accordance with the applicable building code.

1. Ducts conveying explosive or flammable vapors, fumes, or dusts: 30 feet (9144 mm) from the lot line; 10 feet (3048 mm) from openings into the building; 6 feet (1829 mm) from exterior walls and roofs; 30 feet (9144 mm) from combustible walls or openings into the building that are in the direction of the exhaust discharge; and 10 feet (3048 mm) above adjoining grade.

2. Other product-conveying outlets: 10 feet (3048 mm) from the lot line; 3 feet (914 mm) from exterior walls and roofs; 10 feet (3048 mm) from openings into the building; and 10 feet (3048 mm) above adjoining grade.

27. Change Section 2404.7.7 to read:

2404.7.7 Fan motors and belts. Electric motors driving exhaust fans shall not be placed inside booths or ducts, unless approved. Fan rotating elements shall be nonferrous or nonsparking or the casing shall consist of, or be lined with, such material. Belts shall not enter the duct or booth unless the belt and pulley within the duct are tightly enclosed.

28. Change Section 2404.7.8 to read:

(N)2404.7.8 2404.7.8 Filters. Air intake filters that are part of a wall or ceiling assembly shall be maintained. Unless otherwise approved by the applicable building code, air intake filters that are part of a wall or ceiling assembly shall be listed as Class I or II in accordance with UL 900. Exhaust filters shall be provided where required by the applicable building code.

29. Change Section 2404.7.8.1 to read:

(N)2404.7.8.1 2404.7.8.1 Supports. Supports and holders for filters shall be maintained as noncombustible materials unless otherwise approved by the applicable building code.

30. Change Section 2404.7.8.3 to read:

(N)2404.7.8.3 2404.7.8.3 Maintaining air velocity. The required air velocity shall be maintained in accordance with the applicable building code Where provided, visible gauges, audible alarms, or pressure-activated devices shall be maintained to indicate or ensure that the required air velocity is maintained.

31. Change Section 2404.7.8.4 to read:

(N)2404.7.8.4 2404.7.8.4 Filter rolls. Filter rolls for spray booths shall be maintained in accordance with applicable building code. Unless otherwise permitted by the applicable building code, where spray booths are equipped with a filter roll that is automatically advanced, it shall be arranged to shut down the spraying operation if the filter roll fails to advance automatically.

32. Change Section 2404.7.8.7 to read:

(N)2404.7.8.7 2404.7.8.7 Waterwash spray booths. Waterwash spray booths shall be maintained in accordance with the applicable building code so as to prevent excessive accumulation of deposits in ducts and residue at duct outlets. Such booths shall be maintained so that air and overspray are drawn through a continuously flowing water curtain before entering an exhaust duct to the building exterior.

33. Change Section 2404.8 to read:

(N)2404.8 2404.8 Interlocks. Interlocks for spray application finishes shall be maintained fully operational in accordance with the applicable building code.

34. Delete Change Section 2404.8.1. to read:

2404.8.1 Automated spray application operations. Unless otherwise permitted by the applicable building code, where protecting automated spray application operations, automatic fire-extinguishing systems with an approved interlock feature shall maintain that feature so that, upon discharge of the system, it will automatically stop the spraying operations and workpiece conveyors into and out of the flammable vapor areas. Where the building is equipped with a fire alarm system, discharge of the automatic fire-extinguishing system shall be maintained to activate the building alarm notification appliances in accordance with the applicable building code.

35. Change Section 2404.8.1.1 to read:

(N)2404.8.1.1 2404.8.1.1 Alarm station. Where required, a manual fire alarm and emergency system shutdown station shall be maintained accessible and fully operational in accordance with the applicable building code.

36. Delete Section 2404.8.1.2.

37. Delete Change Section 2404.8.2. to read:

2404.8.2 Ventilation interlock prohibited. Unless otherwise permitted by the applicable building code, air makeup and flammable vapor area exhaust systems shall not be interlocked with the fire alarm system and shall remain in operation during a fire alarm condition.

Exception: Where the applicable building code requires such ventilation to be discontinued and dampers closed.

38. Change Section 2404.9.3 to read:

(N)2404.9.3 2404.9.3 Ventilation. Positive mechanical ventilation providing a minimum of six complete air changes per hour shall be maintained in accordance with the applicable building code.

39. Change Section 2404.9.4 to read:

(N)2404.9.4 2404.9.4 Electrical wiring. Electrical wiring within 10 feet (3048 mm) of the floor and 20 feet (6096 mm) horizontally of the limited spraying space shall be designed for Class I, Division 2 locations in accordance with the applicable building code.

D. The following changes shall be made to Section 2405, Dipping Operations:

1. Delete Change Section 2405.2. to read:

2405.2 Location of dip-tank operations. Where required by the applicable building code, dip-tank operations conducted in buildings used for Group A, I, or R occupancies shall be located in a room designed for that purpose, equipped with an approved automatic sprinkler system, and separated vertically and horizontally from other areas in accordance with the applicable building code.

2. Delete Change Section 2405.3. to read:

2405.3 Construction of dip tanks. Dip tanks shall be constructed in accordance with Sections 2405.3.1 through 2405.3.4.3 and NFPA 34. Dip tanks, including drain boards, shall be constructed of noncombustible material and their supports shall be of heavy metal, reinforced concrete, or masonry unless otherwise approved by the applicable building code.

3. Change Section 2405.3.1 to read:

(N)2405.3.1 2405.3.1 Overflow. Overflow piping required for dip tanks shall be maintained in accordance with the applicable building code. To operate dip tanks greater than 150 gallons (568 L) in capacity or 10 square feet (0.93 m²) in liquid surface area, they shall be equipped with a trapped overflow pipe leading to an approved location outside the building in accordance with the building code.

4. Change Section 2405.3.2 to read:

(N)2405.3.2 2405.3.2 Bottom drains. Bottom drains required for dip tanks shall be maintained in accordance with the applicable building code. Unless otherwise permitted by the applicable building code, dip tanks greater than 500 gallons (1893 L) in liquid capacity shall only be operated with bottom drains that are arranged to automatically and manually drain the tank quickly in the event of a fire unless the viscosity of the liquid at normal atmospheric temperature makes this impractical. Manual operation shall continue to be from a safe, accessible location. Where gravity flow is not practicable, automatic pumps shall be provided. Such drains shall be trapped and discharged to a closed, vented salvage tank or to an approved outside location in accordance with the applicable building code.

Exception: Dip tanks containing Class IIIB combustible liquids where the liquids are not heated above room temperature and the process area is protected by automatic sprinklers.

5. Change Section 2405.4 to read:

(N)2405.4 2405.4 Fire protection. Dip tank operations shall be protected with a fire protection system in accordance with the applicable building code and maintained in accordance with Chapter 9.

6. Change Section 2405.4.1 to read:

(N)2405.4.1 2405.4.1 Fixed fire-extinguishing equipment. Fixed fire-extinguishing equipment required for dip tanks shall be maintained in accordance with the applicable building code. Where required by the applicable building code, an automatic fire-extinguishing system or dip-tank cover shall be maintained.

7. Change Section 2405.4.1.1 to read:

(N)2405.4.1.1 2405.4.1.1 Fire-extinguishing system. Fire-extinguishing systems provided for dip tanks maintained in accordance with the applicable building code. Unless otherwise permitted by the applicable building code, an approved automatic fire-extinguishing system shall be provided for dip tanks with a 150 gallon (568 L) or more capacity or 10 square feet (0.93 m²) or larger liquid surface area.

8. Change Section 2405.7 to read:

(N)2405.7 2405.7 Ventilation of flammable vapor areas. Ventilation provided for flammable vapor areas shall be maintained in accordance with the applicable building code. Mechanical ventilation in flammable vapor areas shall be operated and maintained to prevent the dangerous accumulation of vapors. Where required by the applicable building code, the failure of any ventilating fan shall automatically stop the dipping conveyor system.

9. Delete Change Section 2405.9.1. to read:

2405.9.1 Location. Unless otherwise required by the applicable building code, tanks shall be located as far as practical from furnaces and shall not be located on or near combustible floors.

10. Change Section 2405.9.2 to read:

(N)2405.9.2 2405.9.2 Hoods. Hoods provided for tanks shall be maintained in accordance with the applicable building code. Unless otherwise required by the applicable building code, tanks shall be operated only with a noncombustible hood and vent or other approved venting means, terminating outside of the structure to serve as a vent in case of a fire. Such vent ducts shall be treated as flues and proper clearances shall be maintained from combustible materials.

11. Delete Change Section 2405.9.3. to read:

2405.9.3 Alarms. Tanks shall be operated with a high-temperature-limit switch maintained to sound an alarm when the temperature of the quenching medium reaches 50°F (10°C) below the flash point or other approved level as required by the applicable building code.

12. Change Section 2405.9.4 to read:

(N)2405.9.4 2405.9.4 Fire protection. Fire protection provided hardening and tempering tanks shall be maintained in accordance with the applicable building code. Unless otherwise permitted by the applicable building code, hardening and tempering tanks greater than 500 gallons (1893 L) in capacity or 25 square feet (2.3 m²) in liquid surface area shall be protected by an approved automatic fire-extinguishing system maintained in accordance with Chapter 9.

13. Delete Change Section 2405.10.1. to read:

2405.10.1 Paint supply. Unless otherwise permitted by the applicable building code, paint operations shall be supplied by a gravity tank not exceeding 10 gallons (38 L) in capacity or by direct low-pressure pumps arranged to shut down automatically in case of a fire by means of approved heat-actuated devices in accordance with the applicable building code.

14. Change Section 2405.11 to read:

(N)2405.11 2405.11 Roll-coating operations. Roll-coating operations shall be maintained in accordance with the applicable building code comply with Section 2405.10. In roll-coating operations utilizing flammable or combustible liquids, sparks from static electricity shall be prevented by electrically bonding and grounding all metallic rotating and other parts of machinery and equipment and by the installation of static collectors or by maintaining a conductive atmosphere such as a high relative humidity.

E. The following changes shall be made to Section 2406, Powder Coating:

1. Change Section 2406.2 to read:

(N)2406.2 2406.2 Location. Powder coating operations shall be conducted in enclosed powder coating rooms, enclosed powder coating facilities that are ventilated, or ventilated spray booths and in accordance with applicable building code.

2. Delete Change Section 2406.3. to read:

2406.3 Construction of powder coating rooms and booths. The design and construction of powder coating rooms shall be in accordance with the applicable building code. Spray booths shall be constructed in accordance with Section 2404.3.3.

Exception: Listed spray-booth assemblies that are constructed of other materials shall be allowed.

3. Change Section 2406.4 to read:

(N)2406.4 2406.4 Fire protection. Fire-extinguishing systems provided for areas used for powder coating shall be maintained in accordance with the applicable building code. Where required by the applicable building code, automatic fire-extinguishing systems shall be maintained in accordance with Chapter 9.

4. Delete Section 2406.4.1.

5. Change Section 2406.6.4 to read:

(N)2406.6.4 2406.6.4 Grounding and bonding. Grounding and bonding provided for powder coating operations shall be maintained in accordance with the applicable building code. Precautions shall be taken to minimize the possibility of ignition by static electrical sparks through static bonding and grounding where possible of powder transport, application, and recovery equipment.

6. Change Section 2406.7 to read:

(N)2406.7 2406.7 Ventilation. Exhaust ventilation shall be maintained in accordance with the applicable building code sufficient to maintain the atmosphere below one-half the minimum explosive concentration for the material being applied. Nondeposited, air-suspended powders shall be removed through exhaust ducts to the powder recovery system.

F. The following changes shall be made to Section 2407, Electrostatic Apparatus:

1. Change Section 2407.2 to read:

(N)2407.2 2407.2 Location and clear space. A space of at least twice the sparking distance shall be maintained between goods being painted or deteared and electrodes, electrostatic atomizing heads, or conductors. A sign stating the sparking distance shall be conspicuously posted near the assembly. The location and clear space required for electrostatic apparatus and devices shall be maintained in accordance with the applicable building code and manufacturer's instructions.

Exception: Portable electrostatic paint-spraying apparatus listed for use in Class I, Division 1 locations.

2. Delete Change Section 2407.3. to read:

2407.3 Construction of equipment. Electrodes and electrostatic atomizing heads shall be maintained in accordance with the applicable building code. Portable electrostatic paint-spraying apparatus shall be listed for use in Class I, Division 1 locations.

3. Change Section 2407.3.1 to read:

(N)2407.3.1 2407.3.1 Barriers. Booths, fencing, railings, or guards shall be in accordance with the applicable building code maintained about the equipment so that either by their location or character, or both, isolation of the process is maintained from plant storage and personnel. Railings, fencing, and guards shall be of conductive material, adequately grounded, and at least 5 feet (1524 mm) from processing equipment in accordance with the applicable building code.

Exception: Portable electrostatic paint-spraying apparatus listed for use in Class I, Division 1 locations.

4. Change Section 2407.4 to read:

(N)2407.4 2407.4 Fire protection. Fire-extinguishing systems provided for areas used for electrostatic spray finishing with fixed equipment shall be maintained in accordance with the applicable building code. Approved automatic fire-extinguishing systems shall be maintained in accordance with Chapter 9.

5. Change Section 2407.4.1 to read:

(N)2407.4.1 2407.4.1 Protection for automated liquid electrostatic spray application equipment. Flame detection apparatus required for automated liquid electrostatic spray application equipment shall be maintained in accordance with the applicable building code. Where required by the applicable building code, automated liquid electrostatic spray application equipment shall maintain an approved, supervised flame detection apparatus that shall, in the event of ignition, react to the presence of flame and shall accomplish all of the following if required by the applicable building code:

1. Activation of a local alarm in the vicinity of the spraying operation and activation of the building alarm system if such a system is provided.

2. Shutting down of the coating material delivery system.

3. Termination of all spray application operations.

4. Stopping of conveyors into and out of the flammable vapor areas.

5. Disconnection of power to the high-voltage elements in the flammable vapor areas and disconnection of power to the system.

6. Change Section 2407.7 to read:

(N)2407.7 2407.7 Ventilation. Ventilation provided for flammable vapor areas shall be maintained in accordance with the applicable building code.

7. Change Section 2407.8 to read:

(N)2407.8 2407.8 Emergency shutdown. Emergency shutdown controls shall be maintained in accordance with the applicable building code. Where emergency shutdowns are required by the applicable building code, such devices shall be maintained with automatic controls operating without time delay to disconnect the power supply to the high-voltage transformer and signal the operator under any of the following conditions unless otherwise permitted by the applicable building code:

1. Stoppage of ventilating fans or failure of ventilating equipment from any cause.

2. Stoppage of the conveyor carrying articles past the high-voltage grid.

3. Occurrence of a ground or an imminent ground at any point of the high-voltage system.

4. Reduction of clearance below that required in Section 2407.2.

8. Change Section 2407.9 to read:

(N)2407.9 2407.9 Ventilation interlock. Ventilation interlock required for electrostatic equipment shall be maintained in accordance with the applicable building code. Unless otherwise permitted by the applicable building code, hand electrostatic equipment shall be maintained as interlocked with the ventilation system for the spraying area so that the equipment cannot be operated unless the ventilating system is in operation.

G. The following change shall be made to Section 2408, Organic Peroxides and Dual-Component Coatings:

Delete Change Section 2408.2. to read:

2408.2 Use of organic peroxide coatings. Unless otherwise permitted by the applicable building code, spraying operations involving the use of organic peroxides and other dual-component coatings shall be conducted in approved, sprinklered spray booths complying with the applicable building code.

H. The following changes shall be made to Section 2409, Indoor Manufacturing of Reinforced Plastics:

1. Change Section 2409.3 to read:

(N)2409.3 2409.3 Fire protection. Automatic sprinkler systems provided for resin application areas shall be maintained in accordance with the applicable building code Where required by the applicable building code, automatic fire-extinguishing systems shall be maintained in accordance with Chapter 9.

2. Change Section 2409.6 to read:

(N)2409.6 2409.6 Ventilation. Mechanical ventilation shall be maintained in accordance with the applicable building code throughout resin application areas in accordance with 2404.7 and the applicable building code. The ventilation rate shall be adequate to maintain the concentration of flammable vapors in the resin application area at or below 25% of the LFL unless otherwise permitted by the applicable building code.

Exception: Mechanical ventilation is not required for buildings that have 75% of the perimeter unenclosed.

3. Change Section 2409.6.1 to read:

(N)2409.6.1 2409.6.1 Local ventilation. Local ventilation shall be maintained in accordance with the applicable building code provided inside of work-pieces where personnel will be under or inside of the work-piece.

13VAC5-51-141. IFC Chapter 25 Fruit and Crop Ripening.

A. The following changes shall be made to Section 2501, General:

1. Change Section 2501.2 to read:

2501.2 Permits. Permits shall be required as set forth in Section 107.2.

2. Change Section 2501.3 to read:

2501.3 Ethylene generators. Approved ethylene generators shall be operated and maintained in accordance with Section 2506 and the applicable building code.

B. The following change shall be made to Section 2503, Ethylene Gas:

Change Section 2503.2 to read:

(N)2503.2 2503.2 Dispensing. Valves controlling discharge of ethylene shall be maintained to limit the concentration of gas in accordance with this chapter and the applicable building code.

C. The following changes shall be made to Section 2504, Sources of Ignition:

1. Change Section 2504.1 to read:

(N)2504.1 2504.1 Ignition prevention. Sources of ignition shall be controlled or protected in accordance with the applicable building code this section and Chapter 3.

2. Change Section 2504.2 to read:

(N)2504.2 2504.2 Electrical wiring and equipment. Electrical wiring and equipment, including luminaires, shall be classified and maintained in accordance with Chapter 6, the applicable building code, and the maintenance provisions of NFPA 70.

3. Change Section 2504.3 to read:

(N)2504.3 2504.3 Static electricity. Bonding and grounding provided for permanent containers, piping, and equipment shall be maintained in accordance with the applicable building code. Portable containers, piping, and equipment shall be bonded and grounded in accordance with Chapter 57.

4. Change Section 2504.5 to read:

(N)2504.5 2504.5 Heating. Heating shall be maintained in accordance with Chapter 6 and the applicable building code.

D. The following changes shall be made to Section 2506, Ethylene Generators:

1. Change Section 2506.1 to read:

(N)2506.1 2506.1 Ethylene generators. Ethylene generators shall be listed and labeled by an approved testing laboratory, approved, and used only in approved rooms in accordance with the ethylene generator manufacturer's instructions. The listing evaluation shall include documentation that the concentration of ethylene gas does not exceed 25% of the lower explosive limit (LEL).

2. Change Section 2506.2 to read:

(N)2506.2 2506.2 Ethylene generator rooms. Ethylene generator rooms shall be maintained in accordance with the applicable building code. Portable ethylene generators shall be used in rooms having a volume of not less than 1,000 cubic feet (28 m³). Rooms shall have air circulation to ensure even distribution of ethylene gas and shall be free from sparks, open flames, or other ignition sources.

13VAC5-51-142. IFC Chapter 27 Semiconductor Fabrication Facilities.

A. Change Section 2701.1 to read:

2701.1 Scope. Semiconductor fabrication facilities and comparable research and development areas classified as Group H-5 shall comply with this chapter to the extent that the provisions of this chapter relate to operation and maintenance and not to the construction of Group H-5 buildings or structures.

B. Delete Section 2701.4.

C. Change Section 2701.5 to read:

2701.5 Permits. Permits shall be required as set forth in Section 107.2.

D. Change Section 2703.1.3 to read:

(N)2703.1.3 2703.1.3 Signals. Emergency equipment and alarm and detection systems providing signals to emergency control stations shall be maintained in accordance with the applicable building code.

E. Change Section 2703.2.2 to read:

2703.2.2 General requirements. In addition to the requirements in Section 2703.2, systems, equipment and processes shall also comply with Section 5003.2, other applicable provisions of this code.

F. Delete Sections 2703.3 and 2703.3.1.

G. Change Section Sections 2703.3.2 through 2703.3.8 to read:

(N)2703.3.2 2703.3.2 Pass-throughs in exit access corridors. Pass-throughs in exit access corridors shall be in accordance with the applicable building code.

(N)2703.3.3 2703.3.3 Liquid storage rooms. Liquid storage rooms shall be maintained in accordance with the applicable building code.

(N)2703.3.4 2703.3.4 HPM rooms. Hazardous production materials (HPM) rooms shall be maintained in accordance with the applicable building code.

(N)2703.3.5 2703.3.5 Gas cabinets. Gas cabinets shall be maintained in accordance with the applicable building code.

(N)2703.3.6 2703.3.6 Exhausted enclosures. Exhausted enclosures shall be maintained in accordance with the applicable building code.

(N)2703.3.7 2703.3.7 Gas rooms. Gas rooms shall be maintained in accordance with the applicable building code.

(N)2703.3.8 2703.3.8 Service corridors. Service corridors shall be maintained in accordance with the applicable building code.

H. Change Sections 2703.7 and 2703.7.1 to read:

(N)2703.7 2703.7 Electrical wiring and equipment. Electrical wiring and equipment in HPM facilities shall be maintained in accordance with the applicable building code.

(N)2703.7.1 2703.7.1 Fabrication areas. Electrical wiring and equipment in fabrication areas shall be maintained in accordance with the applicable building code.

I. Delete Section 2703.7.2.

J. Change Section 2703.7.3 to read:

(N)2703.7.3 2703.7.3 HPM rooms, gas rooms, and liquid storage rooms. Electrical wiring and equipment in HPM rooms, gas rooms, and liquid storage rooms shall be maintained in accordance with the applicable building code.

K. Change Section 2703.7.10 to read:

(N)2703.10 2703.10 Automatic sprinkler system. Automatic sprinkler systems shall be maintained in accordance with the applicable building code.

L. Delete Sections 2703.10.1 and 2703.10.1.1.

M. Delete Sections 2703.10.2 through 2703.10.4.4.1.

N. Change Sections 2703.10.4.4.2 and 2703.10.4.4.3 to read:

(N)2703.10.4.4.2 2703.10.4.4.2 Control valve. Control valves provided for sprinklers installed in exhaust ducts shall be maintained in accordance with the applicable building code.

(N)2703.10.4.4.3 2703.10.4.4.3 Drainage. Drainage provided to remove sprinkler water discharged in exhaust ducts shall be maintained.

O. Delete Section 2703.10.4.4.4.

P. Change Sections 2703.10.5 through 2703.12 to read:

(N)2703.10.5 2703.10.5 Sprinkler alarms and supervision. Automatic sprinkler systems shall be maintained in accordance with applicable building code.

(N)2703.11 2703.11 Manual fire alarm system. Manual fire alarm systems shall be maintained in accordance with the applicable building code.

(N)2703.12 2703.12 Emergency alarm system. Emergency alarm systems shall be maintained in accordance with the applicable building code.

Q. Delete Sections 2703.12.1 and 2703.12.1.1.

R. Change Sections 2703.12.1.2 and 2703.12.1.3 to read:

(N)2703.12.1.2 2703.12.1.2 Corridors and interior exit stairways and ramps. Emergency alarms for corridors, interior exit stairways and ramps, and exit passageways shall be maintained in accordance with the applicable building code.

(N)2703.12.1.3 2703.12.1.3 Liquid storage rooms, HPM rooms, and gas rooms. Emergency alarms for liquid storage rooms, HPM rooms, and gas rooms shall be maintained in accordance with the applicable building code.

S. Delete Sections 2703.12.2 and 2703.12.3.

T. Change Section 2703.13 to read:

(N)2703.13 Continuous gas 2703.13 Gas detection systems. Continuous gas Gas detection systems shall be maintained in accordance with the applicable building code.

U. Delete Sections 2703.13.1 through 2703.13.2.2.

V. Change Section 2703.14 to read:

(N)2703.14 2703.14 Exhaust ventilation systems for HPM. Exhaust ventilation systems and materials for exhaust ducts utilized for the exhaust of HPM shall be maintained in accordance with the applicable building code.

W. Delete Sections 2703.14.1 and 2703.14.2.

X. Change Section 2703.15 to read:

(N)2703.15 2703.15 Emergency power system. Emergency power system systems shall be maintained in accordance with the applicable building code.

Y. Delete Section 2703.15.1.

Z. Change Sections 2703.15.2 through 2704.1 to read:

(N)2703.15.2 2703.15.2 Exhaust ventilation systems. Exhaust ventilation systems shall be maintained in accordance with the applicable building code.

(N)2703.16 2703.16 Subatmospheric pressure gas systems. Subatmospheric pressure gas systems (SAGS) shall be maintained in accordance with the applicable building code.

(N)2704.1 2704.1 General. Storage of hazardous materials shall comply with Section 2703 and this section and other applicable provisions of this code to the extent that such requirements are operational in nature and do not affect how a building is constructed.

AA. Change Section 2704.2.2.1 to read:

2704.2.2.1 Storage and use in fabrication areas. The maximum quantities of hazardous materials stored or used in a single fabrication area shall not exceed the quantities set forth by the applicable building code.

BB. Delete Table 2704.2.2.1.

CC. Change Section 2704.3.1 to read:

2704.3.1 HPM storage. The indoor storage of HPM in quantities greater than those listed in Sections 5003.1.1 and 3404.3.4 shall be in a room complying with the requirements of this code for a liquid storage room, HPM room, or gas room as appropriate for the materials stored.

DD. Change Section 2705.1 to read:

2705.1 General. The use and handling of hazardous materials shall comply with this section, Section 2703, and other applicable provisions of this code to the extent that such requirements are operational in nature and do not affect how a building is constructed.

EE. Change Section 2705.2.3.2 to read:

(N)2705.2.3.2 2705.2.3.2 Protection of vessels. Vessels containing hazardous materials located in or connected to a workstation shall be protected as follows:

1. HPM: Vessels containing HPM shall be protected from physical damage and shall not project from the workstation.

2. Compressed gases: Protection for compressed gas vessels shall also comply with Section 5303.5.

3. Cryogenic fluids: Protection for cryogenic fluid vessels shall also comply with Section 5503.5.

FF. Change Section 2705.3.1 to read:

(N)2705.3.1 2705.3.1 Corridors and enclosures for stairways and ramps. Corridors and enclosures for exit stairways and ramps in new fabrication areas shall not contain HPM, except as permitted in corridors by Section 2705.3.2 and the applicable building code.

GG. Change Section 2705.3.2.1 to read:

2705.3.2.1 Fabrication area alterations. Where existing fabrication areas are altered or modified in existing buildings, HPM is allowed to be transported in existing corridors where such corridors comply with the applicable building code.

HH. Delete Section 2705.3.3.

13VAC5-51-142.5. IFC Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass, and Woodworking Facilities.

A. Change Section 2801.2 to read:

2801.2 Permit. Permits shall be required as set forth in Section 107.2.

B. Change Sections 2803.1 through 2803.3 to read:

(N)2803.1 2803.1 Open yards. Open yards around structures required by the applicable building code shall be maintained. The space shall be maintained free of obstructions associated with the outdoor storage of the materials regulated by Chapter 28, which could interfere with the function of the open space, especially that of providing fire department access to the building.

(N)2803.2 2803.2 Dust control. Equipment or machinery located inside buildings that generates or emits combustible dust equipped with an approved dust collection and exhaust system shall be maintained in accordance with the applicable building code. Equipment or systems that are used to collect, process or convey combustible dusts shall be provided with an approved explosion control system shall be maintained in accordance with Chapter 22 and the applicable building code. Equipment or systems that are used to collect, process, or convey combustible dusts provided with an approved explosion control system in accordance with the applicable building code shall be maintained in accordance with Chapter 9.

(N)2803.2.1 2803.2.1 Explosion venting. Explosion venting required for dust explosion hazards shall be maintained in accordance with the applicable building code Where a dust explosion hazard exists in equipment rooms, buildings, or other enclosures, such areas shall be declared an unsafe condition in accordance with Section 110.1 and operations shall not be continued until the hazard is mitigated. Where explosion venting is provided it shall be maintained in accordance with Chapter 9 and the applicable building code.

(N)2803.3 2803.3 Waste removal. Waste removal systems required for sawmills, planning mills and other woodworking plants shall be maintained in accordance with the applicable building code Sawmills, planing mills, and other woodworking plants shall maintain waste removal systems that collect and remove sawdust and shavings. Such systems shall be maintained in accordance with Chapter 22 and comply with the applicable building code.

Exception: Manual waste removal where when approved.

C. Change Section 2803.4 to read:

(N)2803.4 2803.4 Electrical equipment. Electrical wiring and equipment shall be maintained in accordance with Chapter 6, the applicable building code, and the maintenance provisions of NFPA 70.

D. Change Sections Section 2804.2, and delete Section 2804.2.1.

Section 2804.2 to read:

(N)2804.2 2804.2 Fire alarms. Where provided, fire alarms alarm systems shall be maintained in accordance with the applicable building code Chapter 9.

(N)2804.2.1 Manual fire alarms. Where installed, manual fire alarm systems shall be maintained in accordance with the applicable building code.

E. Change Section 2804.4 to read:

(N)2804.4 2804.4 Automatic sprinkler systems. Automatic sprinkler systems shall be maintained in accordance with the applicable building code Chapter 9.

F. Change Section 2805.2 to read:

(N)2805.2 2805.2 Dryer protection. Dryers shall be maintained in accordance with the applicable building code. Dryers protected by an approved, automatic deluge water-spray suppression system shall be maintained in accordance with Chapter 9. Deluge heads shall be inspected quarterly for pitch buildup. Deluge heads in dryers shall be flushed during regular maintenance for functional operation.

G. Change Section 2807.2 to read:

2807.2 Size of piles. Piles shall not exceed 60 feet (18 288 (18,288 mm) in height, 300 feet (91 440 (91,440 mm) in width, and 500 feet (152 m) in length. Piles shall be separated from adjacent piles or other exposures by approved fire apparatus access roads.

Exception: The fire code official is authorized to allow the pile size to be increased where additional approved fire protection is provided in accordance with Chapter 9.

H. Change Section 2807.3 to read:

(N)2807.3 Pile 2807.3 Outdoor pile fire protection. Automatic sprinkler protection provided in conveyor tunnels and combustible enclosures that pass under a pile shall be maintained in accordance with the applicable building code. Where conveyor tunnels and combustible enclosures that pass under an outdoor pile, automatic sprinkler protection shall be provided. Automatic sprinkler protection shall be maintained in accordance with Chapter 9.

I. Change Section 2808.7 to read:

(N)2808.7 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile shall be maintained in accordance with the applicable building code. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. These systems shall be maintained in accordance with Chapter 9.

Note: Systems regulated by the USBC must comply with the applicable building code.

13VAC5-51-143.5. IFC Chapter 29 Manufacture of Organic Coatings.

A. Change Section 2901.2 to read:

2901.2 Permits. Permits shall be required as set forth in Section 107.2.

B. Delete Change Section 2903.1. to read:

2903.1 Building features. Unless approved by the applicable building code, manufacturing of organic coatings shall be done only in buildings that do not have pits or basements.

C. Delete Change Section 2903.2. to read:

2903.2 Location. Unless approved by the applicable building code, organic coating manufacturing operations and operations incidental to or connected with organic coating manufacturing shall not be located in buildings having other occupancies.

D. Change Section 2903.4 to read:

2903.4 Fire protection systems. Fire protection systems shall be maintained, periodically inspected, and tested in accordance with Chapter 9.

E. Change Section 2903.10 to read:

2903.10 Drainage. Drainage facilities shall be maintained to direct flammable and combustible liquid leakage and fire protection water to an approved location away from the building, any other structure, any storage area, or adjoining premises.

F. Change Section 2903.11 to read:

(N)2903.11 2903.11 Alarm system. Alarm systems shall be maintained in accordance with the applicable building code Chapter 9.

G. Change Section 2904.1 to read:

(N)2904.1 2904.1 Wiring and equipment. Electrical wiring and equipment shall be maintained in accordance with Chapter 6, the applicable building code, and the maintenance provisions of NFPA 70.

H. Change Section 2904.3 to read:

(N)2904.3 2904.3 Bonding. Bonding provided for equipment including tanks, machinery and piping shall be maintained in accordance with the applicable building code. Equipment, including tanks, machinery, and piping, shall not be operated where an ignitable mixture is capable of being present unless bonded and connected to a ground in accordance with the applicable building code.

I. Change Section 2904.3.1 to read:

(N)2904.3.1 2904.3.1 Piping. Electrically isolated sections of metallic piping or equipment shall be maintained grounded or bonded to the other grounded portions of the system in accordance with the applicable building code.

J. Change Section 2904.4 to read:

(N)2904.4 2904.4 Ground. Metal framing of buildings shall be grounded in accordance with the applicable building code.

K. Delete Change Section 2905.1. to read:

2905.1 Process location. Process operations shall be conducted in structures approved in accordance with the applicable building code.

L. Change Section 2905.4 to read:

(N)2905.4 2905.4 Explosion control. Explosion control shall be maintained in accordance with the applicable building code and maintenance provisions of areas subject to potential deflagration hazards as indicated by the applicable building code. Explosion control shall be maintained in accordance with Section 911 and NFPA 35.

M. Change Section 2905.5 to read:

(N)2905.5 2905.5 Ventilation. Enclosed structures in which Class I liquids are processed or handled shall be ventilated to a safe location outside of the structure in accordance with the applicable building code.

N. Change Section 2906.1 to read:

(N)2906.1 2906.1 Mills. Mills operating with close clearances that process flammable and heat-sensitive materials, such as nitrocellulose, shall be maintained in accordance with the applicable building code maintain operations in a detached building or in a noncombustible structure without other occupancies unless otherwise approved by the applicable building code. The amount of nitrocellulose or other flammable material brought into the area shall not be more than the amount required for a batch.

O. Change Section 2909.2 to read:

(N)2909.2 2909.2 Tank storage. Tank storage for flammable and combustible liquids located inside of structures shall be limited to storage areas at or above grade that are separated from the processing area in accordance with the applicable building code. Processing equipment containing flammable and combustible liquids and storage in quantities essential to the continuity of the operations shall not be prohibited in the processing area.

P. Change Section 2909.4 to read:

(N)2909.4 2909.4 Nitrocellulose storage. Nitrocellulose storage shall be located on a detached pad or in a separate structure or a room enclosed in accordance with the applicable building code. When nitrocellulose storage is present, the area shall not be utilized for any other use in accordance with the applicable building code. Electrical wiring and equipment in storage areas adjacent to process areas shall be maintained in accordance with Section 2904.2.

Q. Change Section 2909.6 to read:

2909.6 Finished products. Finished products that are flammable or combustible liquids shall be stored outside of structures, in a separate structure, or in a room separated from the processing area where such storage is permitted under the applicable building code. The storage of finished products shall be in tanks or closed containers in accordance with Chapter 57.

13VAC5-51-144. IFC Chapter 30 Industrial Ovens.

A. Change Section 3001.1 to read:

(N)3001.1 3001.1 Scope. This chapter shall apply to the maintenance and operation of industrial ovens and furnaces. Industrial ovens and furnaces shall comply with the applicable maintenance provisions of NFPA 86, the applicable building code, and this chapter. The terms "ovens" and "furnaces" are used interchangeably in this chapter.

B. Change Section 3001.2 to read:

3001.2 Permits. Permits shall be required as set forth in Section 107.2.

C. Change Section 3003.1 to read:

(N)3003.1 3003.1 Ventilation. Enclosed rooms or basements containing Ventilation or combustion air for industrial ovens or furnaces shall be maintained in accordance with the applicable building code.

D. Delete Change Section 3003.4. to read:

3003.4 Temperatures. Unless otherwise approved by the applicable building code, roofs and floors of ovens shall maintain insulation and ventilation to prevent temperatures at combustible ceilings and floors from exceeding 160°F (71°C).

E. Change Section 3004.1. to read:

(N)3004.1 3004.1 Fuel-gas piping. Fuel-gas piping serving industrial ovens shall be maintained in accordance with this section and remain in accordance with the applicable building code.

F. Delete Change Section 3004.2. to read:

3004.2 Shutoff valves. Manual fuel shutoff valves for industrial ovens or furnaces shall be maintained in accordance with the applicable building code.

G. Change Section 3004.2.1 to read:

(N)3004.2.1 3004.2.1 Fuel supply lines. Valves for fuel supply lines shall be maintained in accordance with the applicable building code located within 6 feet (1829 mm) of the appliance served.

Exception: When a valve located in the same general area as the appliance served has been approved in accordance with the applicable building code.

H. Delete Change Section 3004.3. to read:

3004.3 Valve position. Manual fuel shutoff valves shall be maintained to visually indicate the open or closed position of the valve. Manual fuel shutoff valves shall not be equipped with removable handles or wrenches unless the handle or wrench can only be installed parallel with the fuel line when the valve is in the open position.

I. Change Sections 3005.1, 3006.1, and 3006.2 to read:

(N)3005.1 3005.1 Shut down. Interlocks shall be maintained in accordance with the applicable building code for Class A ovens so that conveyors or sources of flammable or combustible materials shall shut down if either the exhaust or recirculation air supply fails.

(N)3006.1 3006.1 Required protection. Fire-extinguishing systems provided for Classes A and B ovens that contain, or are utilized for the processing of, combustible materials shall be maintained in accordance with the applicable building code Chapter 9.

(N)3006.2 3006.2 Fixed fire-extinguishing systems. Fixed fire-extinguishing systems shall be maintained in accordance with the applicable building code. Chapter 9 for Class C or D ovens to protect against such hazards as overheating, spillage of molten salts or metals, quench tanks, ignition of hydraulic oil, and escape of fuel.

13VAC5-51-144.2. IFC Chapter 31 Tents, Temporary Special Event Structures, and Other Membrane Structures.

A. The following change shall be made to Section 3101, General:

Change Section 3101.1 to read:

3101.1 Scope. Tents, temporary stage canopies special event structures, and membrane structures shall comply with this chapter. The provisions of Section 3103 are applicable only to temporary tents and membrane structures. The provisions of Section 3104 are applicable to temporary and permanent tents and membrane structures. Other temporary structures shall comply with the applicable building code The provisions of Section 3104 are applicable to temporary and permanent tents and membrane structures.

B. The following changes shall be made to Section 3103, Temporary Tents and Membrane Structures:

1. Change Section 3103.1 to read:

(N)3103.1 3103.1 General. Tents and membrane structures used for temporary periods All temporary tents and membrane structures shall comply with this section. Other temporary structures erected for a period of 180 days or less shall comply with the applicable building code.

2. Change Section 3103.2 to read:

(N)3103.2 3103.2 Approval required. Tents and membrane structures having an area in excess of 900 square feet (84 m²) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official in accordance with Table 107.2.

3. Change Add Section 3103.2.1 and delete Section 3103.3.1.

Section 3103.2.1 to read:

3103.2.1 Multiple tents. The aggregate area of multiple tents separated by less than 12 feet (3658 mm) shall not exceed 900 square feet unless approved in accordance with Section 3103.2.

4. Change Section 3103.4 to read:

3103.4 Permits. Permits shall be required as set forth in Section 107.2.

5. Change Section Sections 3103.9.1 through 3103.9.3 to read:

3103.9.1 Tents and membrane structures exceeding one story. Tents and membrane structures exceeding one story shall be designed and constructed to comply with applicable building code.

3103.9.2 Tents and membrane structures greater than 7,500 square feet. Tents and membrane structures greater than 7,500 square feet shall be designed and constructed to comply with the applicable building code.

3103.9.3 Tents and membrane structures with an occupant load greater than 1,000. Tents and membrane structures with an occupant load greater than 1,000 shall be designed and constructed to comply with applicable building code.

C. The following changes shall be made to Section 3104, Temporary and Permanent Tents and Membrane:

1. Change Section 3104.1 to read:

3104.1 General. Tents and membrane structures, both temporary and permanent, shall be in accordance with this section. Permanent tents and membrane structures shall also comply with the applicable building code.

2. Change Section 3104.2 to read:

3104.2 Flame propagation performance treatment. Before a permit is granted, the owner or agent shall file a certificate executed by an approved testing laboratory certifying that the tents and membrane structures and their appurtenances; sidewalls, drops, and tarpaulins; floor coverings, bunting, and combustible decorative materials and effects, including sawdust where used on floors or passageways, are composed of material meeting the flame propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 or shall be treated with a flame retardant in an approved manner and meet the flame propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701, and that such flame propagation performance criteria are effective for the period specified by the permit.

3. Change Section 3104.4 to read:

3104.4 Certification. An affidavit or affirmation shall be submitted to the fire code official and a copy retained on the premises on which the tent or air-supported structure is located. The affidavit shall attest to all of the following information relative to the flame propagation performance criteria of the fabric:

1. Names and address of the owners of the tent or air-supported structure.

2. Date the fabric was last treated with flame-retardant solution.

3. Trade name or kind of chemical used in treatment.

4. Name of person or firm treating the material.

5. Name of testing agency and test standard by which the fabric was tested.

4. Change Section 3104.13 to read:

3104.13 Fire protection equipment. Fire hose lines, water supplies, and other auxiliary fire equipment shall be maintained at the site in such numbers and sizes as approved.

5. Change Section 3104.14 to read:

3104.14 Occupant load factors. The occupant load allowed in an assembly structure, or portion thereof,shall be determined in accordance with Chapter 10 or applicable building code.

6. Change Section 3104.15.1 to read:

3104.15.1 Installation. Heating or cooking equipment tanks, piping, hoses, fittings, valves, tubing, and other related components shall be installed as specified by the applicable building code and shall be approved.

7. Change Section 3104.15.2 to read:

3104.15.2 Venting. Gas, liquid and solid fuel-burning equipment designed to be vented shall be vented to the outside air as specified by the applicable building code and shall be approved. Such vents shall be equipped with approved spark arresters where required. Where vents or flues are used, all portions of the tent or membrane structure shall be not less than 12 inches (305 mm) from the flue or vent.

8. 4. Change Section 3104.16.1 to read:

3104.16.1 General. LP-gas equipment such as tanks, piping, hoses, fittings, valves, tubing and other related components shall be approved and in accordance with Chapter 61 and with the applicable building code.

D. The following changes shall be made to Section 3105, Temporary State Canopies Special Event Structures:

1. Change Section 3105.1 to read:

(N)3105.1 3105.1 General. Operation and maintenance of temporary stage canopies special event structures shall be in accordance with Section 3104, Sections 3105.2 through 3105.8 3105.9, and ANSI E1.21.

2. Change Section Sections 3105.2 and 3105.3 to read:

(N)3105.2 3105.2 Approval. Temporary stage canopies special event structures in excess of 400 square feet (37 m²) shall not be erected for any purpose without first obtaining approval and a permit from the building official.

3105.3 Permits. Permits shall be required as set forth in Section 107.2.

3. Change Section 3105.5 to read:

(N)3105.5 3105.5 Required documents. Documents shall be submitted to the building official where required by the USBC. Where an operational permit is required, the following documents shall be submitted to the fire official for approval:

1. Designation of responsible party: The owner of the temporary special event structure shall designate in writing a person to have responsibility for the temporary special event structure on the site. The designated person shall have sufficient knowledge of the construction documents, manufacturer's recommendations, and operations plan to make judgments regarding the structure's safety and to coordinate with the fire code official.

2. Operations plan: The operations plan shall reflect manufacturer's operational guidelines, procedures for environmental monitoring and actions to be taken under specified conditions consistent with the construction documents.

Note: Construction documents shall be submitted to the building official where required by the USBC.

4. Change Section 3105.6.2 to read:

(N)3105.6.2 3105.6.2 Inspection report. The inspecting agency or individual shall furnish an inspection report to the building official and fire code official. The inspection report shall indicate that the temporary stage canopy was inspected and was or was not installed in accordance with the approved construction documents. Discrepancies shall be brought to the immediate attention of the installer for correction. Where any discrepancy is not corrected, it shall be brought to the attention of the building official and fire code official and the designated responsible party.

5. Change Section 3105.7 to read:

(N)3105.7 3105.7 Means of egress. The means of egress for temporary stage canopies shall comply with Chapter 10 and the applicable building code.

6. Delete Section 3105.8.

7. Change Section 3106.2.2 to read:

3106.2.2 Permits. An operational permit shall be required as set forth in Section 107.2.

8. Change Section 3107.10 to read:

3107.10 Fire protection equipment. Fire hose lines, water supplies, and other auxiliary fire equipment shall be maintained at the site in such numbers and sizes as required by the fire code official.

9. Change Section 3107.11 to read:

3107.11 Occupant load factors. The occupant load allowed in an assembly structure, or portion thereof, erected for a period of 180 days or less shall be determined in accordance with Chapter 10 of the IFC.

10. Change Section 3107.12.1 to read:

3107.12.1 Installation. Heating or cooking equipment tanks, piping, hoses, fittings, valves, tubing, and other related components in assembly structures, or portions thereof, erected for 180 days or fewer shall be operated and maintained in accordance with manufacturer specifications and other provisions of this code.

11. Change Section 3107.12.2 to read:

3107.12.2 Venting. Gas, liquid, and solid fuel-burning equipment designed to be vented shall be vented to the outside air as specified by the applicable building code and shall be approved. Such vents shall be equipped with approved spark arresters where required. Where vents or flues are used, all portions of the tent or membrane structure shall be not less than 12 inches (305 mm) from the flue or vent.

13VAC5-51-144.4. IFC Chapter 32 High-Piled Combustible Storage.

A. The following changes shall be made to Section 3201, General:

1. Change Section 3201.1 to read:

(N)3201.1 3201.1 Scope. Maintenance and operational aspects of high-piled combustible storage shall be in accordance with this chapter. In addition to the requirements of this chapter, the following material-specific requirements shall apply:

1. Aerosols shall be in accordance with Chapter 51.

2. Flammable and combustible liquids shall be in accordance with Chapter 57.

3. Hazardous materials shall be in accordance with Chapter 50.

4. Storage of combustible paper records shall be in accordance with the applicable NFPA 13 standard.

5. Storage of combustible fibers shall be in accordance with Chapter 37.

6. General storage of combustible material shall be in accordance with Chapter 3.

2. Change Section 3201.2 to read:

3201.2 Permits. A permit shall be required as set forth in Section 107.2.

3. Change Section 3201.3 and delete Sections 3201.3.1 and 3201.3.2.

Section 3201.3 to read:

(N)3201.3 Construction documents. 3201.3 High-piled storage operational plan. Prior to the use and operation of high-piled storage in new structures or buildings requesting a change of occupancy or use, plans and specifications shall be submitted to the building official for review and approval. Following approval of the plans, a copy of the approved plans shall be maintained on the premises in an approved location. The onsite plans shall include the following applicable items:

1. Floor plan of the building showing locations and dimensions of high-piled storage areas.

2. Usable storage height for each storage area.

3. Number of tiers within each rack if applicable.

4. Commodity clearance between top of storage and the sprinkler deflector for each storage arrangement.

5. Aisle dimensions between each storage array.

6. Maximum pile volume for each storage array.

7. Location and classification of commodities in accordance with Section 3203 or the applicable building code.

8. Location of commodities that are banded or encapsulated.

9. Location of required fire department access doors.

10. Type of fire suppression and fire detection systems.

11. Location of valves controlling the water supply of ceiling and in-rack sprinklers.

12. Type, location, and specifications of smoke removal and curtain board systems.

13. Dimension and location of transverse and longitudinal flue spaces.

14. Additional information regarding required design features, commodities, storage arrangement, and fire protection features within the high-piled storage area when required by the fire code official.

B. The following changes shall be made to Section 3204, Designation of High-Piled Storage Areas:

1. Change Section 3204.1 to read:

(N)3204.1 3204.1 General. The operational operation and maintenance of high-piled storage areas, and portions of high-piled storage areas intended for storage, shall be maintained in accordance with the approved plan specified in Section 3201.3 and the applicable building code.

2. Delete Section 3204.2.

C. The following changes shall be made to Section 3206, General Fire Protection and Life Safety Features:

1. Change Section 3206.1 to read:

(N)3206.1 3206.1 General. Fire protection and life safety features for high-piled storage areas shall be maintained in accordance with the applicable building code Sections 3206.3 through 3206.10.

2. Delete Section Sections 3206.2 and 3206.2.1 and Table 3206.2.

3. Delete Change Section 3206.3. 3206.3 to read:

3206.3 Separation of high-piled storage areas. High-piled storage areas shall be maintained as separated from other portions of the building where required by the storage plan in Section 3201.3 and the applicable building code.

4. Delete Change Section 3206.3.1. to read:

3206.3.1 Separation from other uses. Mixed occupancies shall be maintained as separated in accordance with the storage plan in Section 3201.3 and the applicable building code.

5. Delete Change Section 3206.3.2. to read:

3206.3.2 Multiple high-piled storage areas. Multiple high-piled storage areas shall be maintained in accordance with the storage plan in Section 3201.3 and the applicable building code.

6. Delete Section 3206.3.2.1.

7. Delete Section 3206.3.2.2.

8. 7. Change Section 3206.4 to read:

(N)3206.4 3206.4 Automatic sprinklers. Automatic sprinkler systems shall be maintained in accordance with Chapter 9 and remain in accordance with the applicable building code.

(N)3206.4.1 3206.4.1 Pallets. The requirements based on the presence of pallets shall be maintained in accordance with the storage plan in Section 3201.3 and the applicable building code.

9. 8. Change Section 3206.4.1.1 to read: