Title of Regulation: 2VAC5-336. Regulations for Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine (amending 2VAC5-336-50).

Statutory Authority: § 3.2-703 of the Code of Virginia.

Effective Date: February 27, 2023.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email david.gianino@vdacs.virginia.gov.

Background: The spotted lanternfly is an invasive pest that feeds on more than 100 plant species, including grapes, pome and stone fruits, maple and walnut trees, hops, and Ailanthus altissima (Tree of Heaven). The spotted lanternfly is a threat to Virginia's grape, apple, hops, and forestry industries and can spread long distances as a result of people moving articles containing spotted lanternfly egg masses, nymphs, or adults. If allowed to spread, this pest could impact Virginia's agricultural and forestry industries. The spotted lanternfly was initially detected in Winchester City and Frederick County in January 2018, spread to Clarke and Warren Counties in 2021, and has subsequently spread into the Cities of Buena Vista, Charlottesville, Harrisonburg, Lexington, Lynchburg, Manassas, Manassas Park, Staunton, and Waynesboro and the Counties of Albemarle, Augusta, Carroll, Page, Prince William, Rockbridge, Rockingham, Shenandoah, and Wythe. Once established, the spotted lanternfly has the potential to spread to noninfested areas through natural means or through the movement of infested articles (artificial spread). The Regulations for Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine (2VAC5-336) are intended to prevent the artificial spread of this pest and establishes steps that businesses and individuals not conducting business must take to ensure that spotted lanternfly is not being artificially spread out of the regulated areas. Expansion of the regulated area became necessary after surveys conducted by the Virginia Department of Agriculture and Consumer Services (VDACS) indicated that populations of the spotted lanternfly had become established in these localities. Eradication efforts targeted to these populations were unsuccessful in eradicating those populations, and eradication is no longer feasible.

Section 3.2-703 of the Code of Virginia requires that, prior to an extension or reduction of a quarantine, the Commissioner of the Department of Agriculture and Consumer Services must provide notice in a newspaper with general circulation in the affected area or direct written notice to those concerned. In an effort to communicate to impacted stakeholders, individuals, and localities, legal notices were published in local newspapers with coverage in the expanded area during the time period covering July 3, 2022, to July 16, 2022. In addition, notification letters regarding expansion of the regulated area were mailed to impacted stakeholders; industry groups; organizations and trade associations; other state agencies; and local governments, including boards of supervisors, city managers, and county administrators, in the expanded area during the time period of May 2022 to June 2022.

Summary:

The amendments expand the regulated area of the spotted lanternfly quarantine to include the Cities of Buena Vista, Charlottesville, Harrisonburg, Lexington, Lynchburg, Manassas, Manassas Park, Staunton, and Waynesboro and the Counties of Albemarle, Augusta, Carroll, Page, Prince William, Rockbridge, Rockingham, Shenandoah, and Wythe due to an increase in spotted lanternfly populations in these localities.

2VAC5-336-50. Regulated areas.

The following areas in Virginia are quarantined for Spotted Lanternfly:

1. The entire following counties:

a. Albemarle;

b. Augusta;

c. Carroll;

d. Clarke;

b. e. Frederick; and

c. f. Page;

g. Prince William;

h. Rockbridge;

i. Rockingham;

j. Shenandoah;

k. Warren; and

l. Wythe.

2. The entire City of following Cities of:

a. Buena Vista;

b. Charlottesville;

c. Harrisonburg;

d. Lexington;

e. Lynchburg;

f. Manassas;

g. Manassas Park;

h. Staunton;

i. Waynesboro; and

j. Winchester.

Title of Regulation: 11VAC15-40. Charitable Gaming Regulations (repealing 11VAC15-40-10 through 11VAC15-40-610).

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Effective Date: March 29, 2023.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

Summary:

Pursuant to Chapters 554 and 609 of the 2022 Acts of Assembly, this action repeals the Charitable Gaming Board Charitable Gaming Regulations (11VAC15-40). Chapters 554 and 609 provide, in part, that the regulations of the Charitable Gaming Board shall be administered by the Department of Agriculture and Consumer Services and shall remain in full force and effect until the Commissioner of the Department of Agriculture and Consumer Services promulgates regulations. The department is currently conducting a regulatory action to promulgate Charitable Gaming Regulations under the authority of the commissioner at 11VAC20-20; see the final regulatory action published in this issue of the Virginia Register of Regulations. The Charitable Gaming Regulations (11VAC20-20) will include (i) the regulatory requirements previously provided in 11VAC15-40 and (i) new provisions regarding electronic gaming.

The repeal of Charitable Gaming Regulations (11VAC15-40) and replacement with the new chapter under the Department of Agriculture and Consumer services at 11VAC20-20 will become effective on the same date.

Title of Regulation: 11VAC20-20. Charitable Gaming Regulations (adding 11VAC20-20-10 through 11VAC20-20-610).

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Effective Date: March 29, 2023.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

Background: Chapters 554 and 609 of the 2022 Acts of Assembly authorize the Commissioner of the Department of Agriculture and Consumer Services (VDACS) to promulgate regulations prescribing conditions under which charitable gaming shall be conducted in the Commonwealth. Previously, the authority to adopt regulations regarding the conduct of charitable gaming rested with the Charitable Gaming Board. Additionally, in accordance with Chapters 722 and 767 of the 2022 Acts of Assembly, VDACS held a 30-day public comment period on this proposed regulation from October 24, 2022, to November 23, 2022, and a virtual public hearing on the proposed regulation on November 15, 2022. During the 30-day public comment period, VDACS received over 470 comments on the proposed regulation. A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Summary:

This regulatory action establishes rules for the conduct of charitable gaming in the Commonwealth. Additionally, this action establishes rules for electronic charitable gaming, including (i) requiring that a minimum of 20% of an organization's electronic gaming adjusted gross receipts must be used for the organization's charitable purpose, which maintains the requirement currently established in 11VAC15-40 that a minimum of 10% of an organization's gross receipts from all other charitable gaming must be used for the organization's charitable purpose; (ii) requiring social organizations to obtain and maintain an authorization from VDACS to conduct electronic gaming, which includes the documents that must be provided to VDACS, prohibited acts, recordkeeping, and bank account requirements; (iii) outlining the process by which VDACS may suspend, revoke, or reinstate authorizations to conduct electronic gaming; (iv) establishing a fee of $200 to obtain an authorization to conduct electronic gaming in addition to the required charitable gaming permit fee and a late fee to be assessed on an electronic gaming manufacturer that fails to submit required reports; (v) prescribing the conditions under which a social organization may lease its premises to a qualified organization to conduct electronic gaming, including required documentation and requirements for the lease agreement between the social organization and qualified organization that intends to lease the social organization's premises to conduct charitable gaming, and requiring that the lease agreement must be provided to VDACS for review; and (vi) establishing the audit and administration fee at one-half of 1.0% of an organization's electronic gaming adjusted gross receipts, which is in addition to the fee of one-quarter of 1.0% required by § 18.2-340.31 of the Code of Virginia.

Chapter 20

Charitable Gaming Regulations

Part I

Definitions

11VAC20-20-10. Definitions.

In addition to the definitions contained in § 18.2-340.16 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agent" means any person authorized by a supplier, network bingo provider, or manufacturer to act for or in place of such supplier, network bingo provider, or manufacturer.

"Board of directors" means the board of directors, managing committee, or other supervisory body of a qualified organization.

"Calendar day" means the period of 24 consecutive hours commencing at 12:00:01 a.m. and concluding at midnight.

"Calendar week" means the period of seven consecutive calendar days commencing at 12:00:01 a.m. on Sunday and ending at midnight the following Saturday.

"Cash" means United States currency or coinage.

"Charitable Gaming Law" means Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia.

"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.

"Concealed face bingo card" means a nonreusable bingo card constructed to conceal the card face.

"Conduct" means the actions associated with the provision of a gaming operation during and immediately before or after the permitted activity, which may include (i) selling bingo cards or packs, electronic bingo devices, instant bingo or pull-tab cards, electronic pull-tab devices, electronic pull-tabs, network bingo cards, or raffle tickets; (ii) calling bingo games; (iii) distributing prizes; and (iv) any other services provided by game workers.

"Control program" means software involved in any critical game function.

"Daubing" means covering a square containing a number called with indelible ink or otherwise marking a number called on a card or an electronic facsimile of a card.

"Deal" means each separate package or series of packages consisting of one game of instant bingo, pull-tabs, or seal cards with the same serial number.

"Decision bingo" means a bingo game where the cost to a player to play is dependent on the number of bingo numbers called, and the prize payout is in direct relationship to the number of participants and the number of bingo numbers called but shall not exceed statutory prize limits for a regular bingo game.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Designator" means an object used in the bingo number selection process, such as a ping-pong ball, upon which bingo letters and numbers are imprinted.

"Device number" means the unique serial number assigned to each electronic gaming device by the department and displayed on the device tag affixed by the department.

"Device tag" means the mark that contains a unique serial number assigned to each electronic gaming device that is affixed by the department to each electronic gaming device indicating that the department has authorized and approved the use of such device.

"Discount" means any reduction in cost of admission or game packs or any other purchases through use of coupons, free packs, or other similar methods.

"Disinterested player" means a player who is unbiased.

"Disposable bingo paper" or "disposable paper" means a nonreusable, paper bingo card manufactured with preprinted numbers.

"Distributed pull-tab system" means a computer system consisting of a computer [ or computers ] and associated equipment for the use of distributing a finite number of electronic pull-tabs, a certain number of which entitle a player to prize awards at various levels.

"Door prize" means any prize awarded by the random drawing or random selection of a name or number based solely on attendance at a charitable gaming activity.

"Electronic bingo device" means an electronic unit that uses proprietary software or hardware, or operates in conjunction with commonly available software and computers to display facsimiles of bingo cards and allows a player to daub such cards or allows for the automatic daubing of such cards.

"Electronic gaming" or "electronic games" means any instant bingo, pull-tabs, or seal card gaming that is conducted primarily by use of an electronic device. "Electronic gaming" does not include (i) the game of chance identified in clause (ii) of the definition of "bingo" in § 18.2-340.16 of the Code of Virginia or (ii) network bingo.

"Electronic gaming device" means an electronic unit used to facilitate the play of an electronic pull-tab. An electronic pull-tab device may take the form of an upright cabinet or a handheld device or may be of any other composition as approved by the department.

"Electronic gaming adjusted gross receipts" means the gross receipts derived from electronic gaming less the total amount in prize money paid out to players.

"Electronic gaming manufacturer" means a manufacturer of electronic devices used to conduct electronic gaming.

"Electronic pull-tabs" means a form of electronic gaming using an electronic version of a single instant bingo card or pull-tab. An electronic pull-tab is a predetermined game outcome in electronic form, distributed on-demand from a finite number of game outcomes by a distributed pull-tab system.

"Equipment and video systems" means equipment that facilitates the conduct of charitable gaming, such as ball blowers, flashboards, electronic verifiers, and replacement parts for such equipment. Equipment and video systems shall not include dispensing devices, electronic bingo devices, and electronic pull-tab devices.

"Event game" means a bingo game [ (i) ] that is played using instant bingo cards or pull-tabs in which the winners include both instant winners and winners who are determined by the random draw of a bingo ball, the random call of a bingo number, or the use of a seal card, and [ (ii) ] that is sold in its entirety and played to completion during a single bingo session.

"Fiscal year" or "annual reporting period" means the 12-month period beginning January 1 and ending December 31 of any given year.

"Flare" means a printed or electronic display that bears information relating to the name of the manufacturer or logo, name of the game, card count, cost per play, serial number, number of prizes to be awarded, and specific prize amounts in a deal of instant bingo, pull-tab, seal cards, or electronic pull-tabs.

"Free space number," "perm number," "center number," "card number," or "face number" means the number generally printed in the center space of a bingo card that identifies the unique pattern of numbers printed on that card.

"Game program" means a written list of all games to be played including the sales price of all bingo paper, network bingo cards, and electronic bingo devices, pack configuration, prize amounts to be paid during a session for each game, and an indication whether prize amounts are fixed based on attendance.

"Game set" means the entire pool of electronic pull-tabs that contains predefined and randomized game results assigned under a unique serial number. This term is equivalent to "deal" or "deck."

"Game subset" means a division of a game set into equal sizes.

"Immediate family" means one's spouse, parent, child, sibling, grandchild, grandparent, mother or father-in-law, or stepchild.

"Interested persons" means [ (i) ] the president, an officer, or a game manager of any qualified organization that is exempt or is a permit applicant or holds a permit to conduct charitable gaming, or [ (ii) ] the owner, director, officer, or partner of an entity engaged in supplying charitable gaming supplies to organizations, engaged in providing network bingo supplies to organizations, or engaged in manufacturing any component of an electronic game that is distributed in the Commonwealth.

"IRS" means the U.S. Internal Revenue Service.

"Management" means the provision of oversight of a gaming operation, which may include the responsibilities of applying for and maintaining a permit or authorization; compiling, submitting, and maintaining required records and financial reports; and ensuring that all aspects of the operation are in compliance with all applicable statutes and regulations.

"Manufacturer" means a person who or entity that assembles from raw materials or subparts a completed piece of bingo equipment or supplies, a distributed pull-tab system, or other charitable gaming or electronic gaming equipment or supplies. "Manufacturer" also means a person who or entity that modifies, converts, adds, or removes parts to or from bingo equipment or supplies, a distributed pull-tab system, or other charitable gaming or electronic gaming equipment or supplies to further their promotion or sale for the conduct of charitable gaming.

"Operation" means the activities associated with production of a charitable gaming or electronic gaming activity, which may include (i) the direct on-site supervision of the conduct of charitable gaming and electronic gaming; (ii) coordination of game workers; and (iii) all responsibilities of charitable gaming and electronic gaming designated by the organization's management.

"Organization number" means a unique identification number issued by the department.

"Owner" means any individual with financial interest of 10% or more in a supplier, network bingo provider, or a manufacturer of a distributed pull-tab system or other electronic gaming device or system distributed in the Commonwealth.

"Pack" means sheets of bingo paper or electronic facsimiles assembled in the order of games to be played. This shall not include any raffle.

"Prize" means cash, merchandise, certificate, or other item of value awarded to a winning player.

"Progressive bingo" means a bingo game in which the prize is carried forward to the next game if a predetermined pattern is not completed within a specified number of bingo numbers called.

"Progressive seal card" means a seal card game in which a prize is carried forward to the next deal if not won when a deal is completed.

"Remuneration" means payment in cash or the provision of anything of value for goods provided or services rendered.

"Seal card" means a board or placard used in conjunction with a deal of the same serial number that contains one or more concealed areas that when removed or opened, reveal a predesignated winning number, letter, or symbol located on that board or placard.

"Selection device" means a manually or mechanically operated device used to randomly select bingo numbers.

"Serial number" means a unique number assigned by the manufacturer to each set of bingo cards or network bingo cards; each instant bingo, pull-tab, or seal card in a deal; each electronic bingo device; each door prize ticket; each game set and game subset of electronic pull-tabs; and each electronic gaming device.

"Series number" means the number of unique card faces contained in a set of disposable bingo paper cards, network bingo cards, or bingo hard cards. A 9000 series, for example, has 9,000 unique faces.

"Session" means a period of time during which one or more bingo games are conducted or during which instant bingo, pull-tabs, seal cards, or electronic gaming may be sold and redeemed. A session begins with the sale of instant bingo, pull-tabs, seal cards, electronic gaming, electronic bingo devices, network bingo cards, or bingo cards or packs.

"Social organization" means the same as that term is defined in § 18.2-340.16 of the Code of Virginia.

"Social quarters" means the same as that term is defined in § 18.2-340.16 of the Code of Virginia.

"Treasure chest" means a raffle including a locked treasure chest containing a prize that a participant, selected through some other authorized charitable game, is afforded the chance to select from a series of keys a predetermined key that will open the locked treasure chest to win a prize.

"Use of proceeds" means the use of funds derived by an organization from its charitable gaming activities, which are disbursed for those lawful religious, charitable, community, or educational purposes.

"Voucher" means a printed ticket tendered to the player, upon request, for any unused game plays or winnings that remain on the electronic pull-tab device.

"WINGO" means a variation of a traditional bingo game that uses visual devices rather than a verbal caller and is intended for play by hearing impaired persons.

Part II

Charitable Gaming Organizations

Article 1

Permits

11VAC20-20-20. Eligibility for permit to conduct charitable gaming; when valid; permit requirements.

A. The conduct of charitable gaming is a privilege that may be granted or denied by the department. Except as provided in § 18.2-340.23 of the Code of Virginia, every eligible organization, volunteer fire department, and rescue squad with anticipated gross gaming receipts that exceed the amount set forth in § 18.2-340.23 of the Code of Virginia in any 12-month period shall obtain a permit from the department prior to the commencement of charitable gaming activities. To be eligible for a permit, an organization must meet all of the requirements of § 18.2-340.24 of the Code of Virginia.

B. Pursuant to § 18.2-340.24 B of the Code of Virginia, the department shall review a tax exempt request submitted to the IRS for a tax exempt status determination and may issue an interim certification of tax-exempt status solely for the purpose of charitable gaming, conditioned upon a determination by the IRS. The department shall charge the fee set forth in § 18.2-340.24 B of the Code of Virginia for this review. The fee shall be payable to the Treasurer of Virginia.

C. A permit shall be valid only for activities, locations, days, dates, and times as listed on the permit. A permit alone does not authorize an organization to conduct electronic gaming. An organization that conducts electronic gaming must have a separate electronic gaming authorization on its permit.

D. In accordance with § 18.2-340.19 A 1 of the Code of Virginia, as a condition of receiving a charitable gaming permit or authorization to conduct electronic gaming, an organization shall use a minimum percentage of its charitable gaming receipts for those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized as follows:

1. For all charitable gaming other than electronic gaming, the minimum percentage shall be 10% of its gross receipts.

2. For electronic gaming, the minimum percentage shall be [ 40 20 ] % of its electronic gaming adjusted gross receipts.

E. If an organization fails to meet the minimum use of proceeds requirement for charitable gaming other than electronic gaming, its permit [ shall may ] be suspended or revoked; however, the department shall not suspend or revoke the permit for charitable gaming of any organization solely because of its failure to meet the required percentage without having first provided the organization with an opportunity to implement a remedial business plan.

F. An organization may request a temporary reduction in the predetermined percentage specified in subsection D of this section from the department. In reviewing such a request, the department shall consider such factors appropriate to and consistent with the purpose of charitable gaming, which may include (i) the organization's overall financial condition; (ii) the length of time the organization has been involved in charitable gaming; (iii) the extent of the deficiency; and (iv) the progress that the organization has made in attaining the minimum percentage in accordance with a remedial business plan pursuant to subsection E of this section.

G. An organization whose permit is revoked for failure to comply with provisions set forth in subsection D of this section shall be eligible to reapply for a permit at the end of one year from the date of revocation. The department, at its discretion, may issue the permit if it is satisfied that the organization has made substantial efforts toward meeting its remedial business plan.

H. If an organization fails to meet the minimum use of proceeds requirement for electronic gaming:

1. The social organization's authorization to conduct electronic gaming [ shall may ] be revoked or suspended.

2. The qualified [ organizations organization's ] permit for the conduct of electronic gaming only [ shall may ] be revoked or suspended.

3. If an organization becomes dissolved for any reason, then the department shall either suspend or revoke its authorization to conduct electronic gaming.

4. If the [ permit or ] authorization is suspended, the department shall set the terms of the suspension, which shall include the length of the suspension and a requirement that prior to reinstatement of the permit [ or authorization ], the organization shall submit a remedial business plan approved by the department to address the conditions that resulted in the suspension.

5. If an organization fails to meet the minimum use of proceeds requirement after having been suspended, the organization's authorization shall be revoked. An organization whose permit is revoked shall be eligible to reapply [ for an authorization one year from the date of revocation at a date determined by the department ]. If the permit is revoked, the organization is required to reapply for an authorization, and if the authorization was revoked [ less fewer ] than 18 months prior to reapplying for a permit, then the organization shall submit a remedial business plan approved by the department to address the conditions that resulted in the revocation. The department, at its discretion, may issue the authorization if it is satisfied that the organization's remedial business plan will result in meeting the use of proceeds requirement.

11VAC20-20-30. Charitable gaming permit application process for raffles, bingo, paper pull-tabs, network bingo, paper instant bingo, and paper seal cards.

A. Any organization (i) anticipating gross gaming receipts from raffles that exceed the amount set forth in § 18.2-340.23 of the Code of Virginia or (ii) intending to operate and conduct bingo, electronic gaming, instant bingo, seal cards, pull-tabs, or network bingo shall complete a department-prescribed application to request issuance or renewal of an annual permit to conduct charitable gaming. Organizations shall submit a nonrefundable fee payable to the Treasurer of Virginia in the amount of $200 with the application, unless the organization is exempt from such fee pursuant to § 18.2-340.23 of the Code of Virginia.

B. The department may initiate action against any organization exempt from permit requirements when it reasonably believes the organization is not in compliance with the provisions of Charitable Gaming Law or regulations adopted pursuant thereto.

C. Permits shall be valid for a period of one year from the date of issuance or for a period specified on the permit. The department may issue permits for periods of less than one year.

D. Permits shall be granted only after a background investigation of an organization, interested persons, or both to ensure public safety and welfare as required by § 18.2-340.25 of the Code of Virginia. Investigations shall consider the nature, the age and severity, and the potential harm to public safety and welfare of any criminal offenses. The investigation may include the following:

1. A search of criminal history records for the chief executive officer and chief financial officer of the organization. Information and authorization to conduct these records checks shall be provided in the permit application. In addition, the department shall require that the organization provides assurances that all other members involved in the management, operation, or conduct of charitable gaming meet the requirements of subdivision 12 of § 18.2-340.33 of the Code of Virginia. Applications may be denied if:

a. Any person participating in the management of any charitable gaming has ever been:

(1) Convicted of a felony; or

(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.

b. Any person participating in the conduct of charitable gaming has been:

(1) Convicted of any felony in the preceding 10 years; or

(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years;

2. An inquiry as to whether the organization has been granted tax-exempt status pursuant to § 501(c) by the Internal Revenue Service and is in compliance with IRS annual filing requirements;

3. An inquiry as to whether the organization has entered into any contract with, or has otherwise employed for compensation, any persons for the purpose of organizing or managing, operating, or conducting any charitable gaming activity;

4. Inquiries into the finances and activities of the organization and the sources and uses of funds;

5. Inquiries into the level of community or financial support to the organization and the level of community involvement in the membership and management of the organization; and

6. An inquiry as to whether the organization operates in accordance with the provisions of or is in violation of any provision of the Charitable Gaming Law or regulations promulgated pursuant thereto.

E. The permit application for an organization that has not previously held a permit shall include:

1. A copy of the articles of incorporation, bylaws, charter, constitution, or other appropriate organizing document;

2. A copy of the determination letter issued by the IRS under § 501(c) of the Internal Revenue Code, if appropriate, or a letter from the national office of an organization indicating the applicant organization is in good standing and is currently covered by a group exemption ruling. A letter of good standing is not required if the applicable national or state office has furnished the department with a listing of member organizations in good standing in the Commonwealth as of January 1 of each year and has agreed to promptly provide the department any changes to the listing as they occur;

3. A copy of the written lease or proposed written lease agreement and all other agreements if the organization rents or intends to rent a facility where bingo or electronic gaming is or will be conducted. Information on the lease shall include name, address, and telephone number of the landlord; maximum occupancy of the building; and the rental amount per session; and

4. An authorization by an officer or other appropriate official of the organization to permit the department to determine whether the organization has been investigated or examined by the IRS in connection with charitable gaming activities during the previous three years.

F. Any contracts or any other agreements with landlords, suppliers, network bingo providers, social organizations, or manufacturers to which the organization is or may be a party.

G. Copies of minutes of meetings of the organization may be requested by the department prior to rendering a permitting decision.

H. Organizations applying to renew a permit previously issued by the department shall submit articles of incorporation, bylaws, charter, constitution, or other organizing document; IRS determination letter; any new contract or agreement with a landlord, supplier, network bingo provider, social organization, or manufacturer to which the organization is or may be a party; and a copy of any lease with any landlord or social organization if there are any amendments or changes to these documents.

I. Organizations may request permits to conduct joint bingo games as provided in § 18.2-340.29 of the Code of Virginia.

1. In the case of a joint bingo game, each organization shall file a permit application.

2. The nonrefundable permit fee for joint bingo games shall be a total of $200. However, no permit application fee is due if each of the organizations is exempt from the application fee pursuant to § 18.2-340.23 of the Code of Virginia.

3. A single permit may be issued in the names of all the organizations conducting a joint bingo game. All restrictions and prohibitions applying to single organizations shall apply to qualified organizations jointly conducting bingo games pursuant to § 18.2-340.29 of the Code of Virginia.

4. No joint bingo game shall be conducted prior to the issuance of a joint permit.

5. Applications for joint bingo games shall include an explanation of the division of manpower, costs, and proceeds for the joint bingo game.

J. An organization wishing to change dates, times, or locations of its charitable gaming shall request an amendment to its permit. Amendment requests shall be made in writing on a form prescribed by the department in advance of the proposed effective date.

K. An organization may cancel its charitable gaming due to inclement weather, disasters, or other circumstances outside the organization's control without an amendment to its permit.

L. An organization may sell raffle tickets for a drawing to be held outside of the Commonwealth of Virginia in the United States provided:

1. The raffle is conducted by the organization in conjunction with a meeting outside the Commonwealth of Virginia or with another organization that is licensed to conduct raffles outside the Commonwealth of Virginia;

2. The raffle is conducted in accordance with this chapter and the laws and regulations of the state where the drawing is to be held; and

3. The portion of the proceeds derived from the sale of raffle tickets in the Commonwealth is reported to the department.

M. Any permitted organization that ceases to conduct charitable gaming shall immediately notify the department in writing and provide the department a report as to the disposition of all unused charitable gaming supplies or electronic gaming devices on a form prescribed by the department.

11VAC20-20-40. Charitable gaming authorization for electronic gaming.

A. The operation and conduct of electronic gaming is a privilege that may be granted or denied by the department. A social organization desiring to operate and conduct electronic gaming shall obtain a permit to conduct charitable gaming and an authorization to operate and conduct electronic gaming from the department prior to the commencement of any electronic gaming. To be eligible for a permit or an authorization, a social organization must meet all of the requirements of the Charitable Gaming Law and regulations adopted pursuant thereto.

B. A social organization desiring to operate and conduct electronic gaming shall complete a department-prescribed application to request a new or to renew an existing authorization. The social organization must provide the [ number quantity ] of electronic gaming devices it intends to operate on the premises at the time when the authorization is issued to the organization. In accordance with §§ 18.2-340.23 and 18.2-340.26:3 of the Code of Virginia, a social organization shall submit a nonrefundable application fee payable to the Treasurer of Virginia in the amount of $200 in addition to the fee prescribed for the charitable gaming permit.

C. If an organization's charitable gaming permit is denied pursuant to 11VAC20-20-20 and 11VAC20-20-50, then its request for a new or renewal authorization to operate and conduct electronic gaming shall be denied by the department.

D. An authorization to operate and conduct electronic gaming shall be valid for one year from the date of issuance. The department may issue an authorization that is valid for less than one year or up to two years when it determines that such is necessary. Authorizations shall be noted on the charitable gaming permit, and the expiration date for the authorization shall be the same as the charitable gaming permit expiration date.

E. An authorization to operate and conduct electronic gaming shall be valid only for the operation and conduct of electronic gaming at the primary location; on the days of the week, dates, and times; and for the [ number quantity ] of electronic gaming devices listed on the [ authorization permit ].

1. A social organization shall designate a [ continuous contiguous ] area within its primary location as its social quarters. A social organization's social quarters shall not include any area that is included in the public space leased to a qualified organization so that the qualified organization may operate and conduct electronic gaming.

2. A social organization shall designate a [ continuous contiguous ] area within its primary location as its public space. A social organization's public space shall not include any area that is included in its social quarters. A social organization may lease its public space to a qualified organization so that the qualified organization may operate and conduct electronic gaming.

3. The primary location shall have a unique physical address established by the United States Postal Service and a certificate of occupancy issued by the city, county, or town where the building is physically located.

4. The social organization's principal place of business as registered with the State Corporation Commission shall be its primary location so long as the principal place of business is where the organization conducts its business. The operation and conduct of electronic gaming alone does not constitute the conduct of business for the purpose of determining a social organization's primary location. If the social organization is not registered with the State Corporation Commission, then the social organization's primary location shall be (i) the location where the organization conducts its business and (ii) if requested by the department, confirmed by the affiliated national or state organization as the social organization's primary location.

5. Upon request of the department, the social organization shall provide sufficient documentation to identify its primary location. If the social organization is unable or unwilling to provide such documentation, then the department shall deny the social organization's application for authorization to operate and conduct electronic gaming in accordance with 11VAC20-20-50.

F. A social organization authorized to operate and conduct electronic gaming that wishes to change dates, times, primary location, or the [ number quantity ] of electronic gaming devices identified on its authorization shall request an amendment to its authorization. Amendment requests shall be made in writing on a form prescribed by the department. The social organization must receive an amended authorization prior to implementing the requested amendment. At no time shall a social organization's authorization reflect a number of devices that is inconsistent with the number of electronic gaming devices at their location.

G. A social organization shall notify on a form prescribed by the department when it purchases or leases [ a new any additional ] distributed pull-tab system or electronic gaming device [ beyond the quantity already identified on its authorization ].

H. A social organization may cancel its scheduled electronic gaming session due to inclement weather, disaster, or other circumstance outside the organization's control without an amendment to its authorization. The social organization shall immediately notify the department of the cancellation.

I. [ Any authorized A ] social organization that ceases to operate and conduct electronic gaming shall immediately notify the department in writing and provide a report to the department as to the disposition of any distributed pull-tab system or electronic gaming devices.

J. A social organization authorized to operate and conduct electronic gaming shall not use an electronic gaming device that does not bear a device tag affixed by the department.

K. [ A social organization authorized to operate and conduct electronic gaming shall expend, at a minimum, 40% of its electronic gaming adjusted gross receipts for those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized.

L. ] If an organization determines at any point prior to the close of the fiscal year that it may not meet the requirement established in 11VAC20-20-20 D, an organization may request a temporary reduction in the percentage specified in 11VAC20-20-20 D from the department. In reviewing such a request, the department may consider such factors appropriate to and consistent with the purpose of charitable gaming, which may include (i) the organization's overall financial condition; (ii) the length of time the organization has been involved in charitable gaming and electronic gaming; and (iii) the extent of the deficiency. The department may grant a temporary reduction at its discretion; however, the department will not grant a temporary reduction after the close of the fiscal year.

[ M. L. ] A social organization authorized to operate and conduct electronic gaming shall:

1. Maintain a valid charitable gaming permit. If the department suspends or revokes a social organization's charitable gaming permit, the department shall take the same action against the social organization's authorization to operate and conduct electronic gaming;

2. Maintain its federal tax exempt status;

3. Maintain eligibility for its federal tax exempt status by continuing to meet the IRS criteria for that tax exemption;

4. Not possess more electronic gaming devices at its primary location than the [ number quantity ] of such devices listed on its authorization;

5. Operate only [ an ] electronic gaming [ device devices ] that [ has have ] a device tag affixed by the department;

6. Acquire, lease, obtain, purchase, rent, or use a distributed pull-tab system or electronic gaming device from a manufacturer or supplier that has a current permit issued by the department pursuant to § 18.2-340.34 of the Code of Virginia;

7. Not inure any part of its [ net earnings electronic gaming adjusted gross receipts ] to benefit a private shareholder or individual; and

8. Not violate a provision of or fail to meet a requirement of the Charitable Gaming Law or a regulation adopted pursuant thereto.

[ N. M. ] In addition to the requirements established in subsection [ M L ] of this section, a social organization authorized to operate and conduct electronic gaming that is a fraternal organization shall:

1. Serve a fraternal purpose;

2. Have a substantial program of fraternal activities, as defined by the IRS;

3. Be distinguishable from its chartering parent organization; and

4. Be largely self-governing and have its own officers, bylaws, or other governing documents and its own general financial independence from its parent organization.

[ O. N. ] In addition to the requirements established in subsection [ M L ] of this section, a [ social qualified ] organization [ that is a social organization as defined in subdivision 4 of the definition of "social organization" in § 18.2-340.16 of the Code of Virginia and is ] authorized to operate and conduct electronic gaming [ that is substantially composed of past or present members of the U.S. Armed Forces ] must continue to be substantially composed of past or present members of the U.S. Armed Forces.

[ P. O. ] The department may suspend or revoke the authorization to operate and conduct electronic gaming of a social organization that does not comply with subsection [ L, ] M, [ or ] N [ , or O ] of this section.

11VAC20-20-50. Suspension, revocation, or denial of permit and authorization.

A. Pursuant to § 18.2-340.20 of the Code of Virginia, the department may suspend, revoke, or deny the permit to conduct charitable gaming or authorization to operate and conduct electronic gaming of any organization for cause, including any of the following reasons:

1. The organization is found to be in violation of or has failed to meet any of the requirements of the Charitable Gaming Law or regulations governing the management, operation, and conduct of charitable gaming or electronic gaming in the Commonwealth.

2. The organization is found to be not in good standing with its state or national organization.

3. The IRS revokes or suspends the organization's federal tax-exempt status.

4. The organization willfully and knowingly provides false information in its application for a permit to conduct charitable gaming.

5. The organization is found to have a member involved in the management, operation, or conduct of its charitable gaming who has been convicted of any felony or any misdemeanor as follows:

a. For any person participating in the management or operation of any charitable gaming:

(1) Convicted of a felony; or

(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.

b. For any person participating in the conduct of charitable gaming:

(1) Convicted of any felony within the preceding 10 years; or

(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.

B. The failure to meet any of the requirements of § 18.2-340.24 of the Code of Virginia shall cause the denial of the permit, and no organization shall conduct any charitable gaming until the requirements are met and a permit is obtained.

C. The failure to meet the definition of a social organization or the requirements in § 18.2-340.26:1 shall cause the denial of the authorization to conduct electronic gaming, and no organization shall conduct electronic gaming until the requirements are met and an authorization is obtained.

D. Except when an organization fails to meet any of the requirements of § 18.2-340.24 of the Code of Virginia or fails to file a financial report as required by § 18.2-340.30 of the Code of Virginia or when a manufacturer fails to file a financial report as required by § 18.2-340.30:2 of the Code of Virginia, in lieu of suspending, revoking, or denying a permit to conduct charitable gaming; an authorization to operate and conduct electronic gaming; or a permit to distribute a distributed pull-tab system or electronic gaming devices, the department may afford an organization or manufacturer, at the department's discretion, an opportunity to enter into a compliance agreement specifying additional conditions or requirements as it may deem necessary to ensure an organization's or a manufacturer's compliance with the Charitable Gaming Law and regulations adopted pursuant thereto and may require that an organization or manufacturer participates in such training as is offered by the department.

E. If [ the premises on which ] a social [ organization's premises of its primary location organization operates and conducts electronic gaming ] is deemed a common nuisance pursuant to § 18.2-258 of the Code of Virginia, then the department may suspend, revoke, or deny the social organization's authorization to operate and conduct electronic gaming.

F. If a permit or authorization to operate and conduct electronic gaming is suspended, the department shall set the terms of the suspension, which shall include the length of the suspension and a requirement that, prior to reinstatement of the permit or authorization, the organization shall submit a remedial business plan to address the conditions that resulted in the suspension. The remedial business plan must be approved by the department prior to reinstatement of the permit or authorization.

G. An organization whose [ permit or ] authorization to operate and conduct electronic gaming is revoked shall be eligible to reapply for an authorization one year from the date of revocation. If the authorization was revoked [ less fewer ] than 18 months prior to the organization reapplying for an authorization, the organization shall submit a remedial business plan [ approved for approval ] by the department to address the conditions that resulted in the revocation. The remedial business plan must be approved by the department prior to reinstatement of the permit or authorization. The department at its discretion may issue the authorization if it is satisfied that the organization's remedial business plan will result in compliance with the requirements of the Charitable Gaming Law and regulations adopted pursuant thereto.

H. If [ an a permit or ] authorization to operate and conduct electronic gaming is suspended, the department shall set the terms of the suspension, which shall include the length of the suspension and a requirement that prior to reinstatement of the authorization, the organization shall submit a remedial business plan approved by the department to address the conditions that resulted in the suspension. The remedial business plan must be approved by the department prior to reinstatement of the permit or authorization.

I. If an organization fails to meet the minimum use of proceeds requirement after having been suspended, the organization's authorization to operate and conduct electronic gaming shall be revoked. An organization whose authorization is revoked shall be eligible to reapply for an authorization at the end of one year from the date of revocation. If the authorization is revoked, the organization is required to reapply for an authorization, and if the authorization was revoked less than 18 months prior to reapplying for an authorization, then the organization shall submit a remedial business plan approved by the department to address the conditions that resulted in the revocation. The department at its discretion may issue the authorization if it is satisfied that the organization's remedial business plan will result in meeting the use of proceeds requirement.

Article 2

Conduct of Games, Rules of Play, Electronic Bingo

11VAC20-20-60. Conduct of bingo, paper instant bingo, paper pull-tabs, paper seal cards, event games, network bingo, electronic gaming, and raffles.

A. Organizations subject to this chapter shall post their charitable gaming permit or authorization to operate and conduct electronic gaming at all times on the premises where charitable gaming [ or electronic gaming ] is conducted.

B. No individual shall provide any information or engage in any conduct that alters or is intended to alter the outcome of any charitable game or electronic game.

C. Individuals younger than 18 years of age may play bingo provided such persons are accompanied by a parent or legal guardian. It shall be the responsibility of the organization to ensure that such individuals are eligible to play. An organization's house rules may further limit the play of bingo or purchase of raffle tickets by minors.

D. Individuals younger than 18 years of age may sell raffle tickets for a qualified organization raising funds for activities in which they are active participants.

E. No individual younger than 18 years of age may participate in the management or operation of bingo games. Individuals 14 through 17 years of age may participate in the conduct of a bingo game provided the organization permitted for charitable gaming obtains and keeps on file written parental consent from the parent or legal guardian and verifies the date of birth of the minor. An organization's house rules may further limit the involvement of minors in the conduct of bingo games. No individual younger than 21 years of age may participate in the management, operation, or conduct of electronic gaming.

F. No qualified organization shall sell any network bingo cards, paper instant bingo, paper pull-tab, or paper seal card to any individual younger than 18 years of age. No individual younger than 18 years of age shall play or redeem any network bingo cards, paper instant bingo, paper pull-tab, or paper seal card. No individual younger than 21 years of age shall play any electronic gaming device or electronic game or redeem anything from the play of such a device or game.

G. Unless otherwise prohibited by the Code of Virginia or this chapter, nonmembers who are under the direct supervision of a bona fide member may participate in the conduct of bingo or electronic gaming.

H. All game workers shall have in their possession a photo identification, such as a driver's license or other government-issued identification, and shall make the photo identification available for inspection upon request by a department agent while participating in the management, operation, or conduct of a bingo game or electronic gaming.

I. A game manager who is a bona fide member of the organization and is designated by the organization's management as the person responsible for the operation of the bingo game [ or electronic gaming ] during a particular session shall be present any time a bingo game [ or electronic gaming ] is conducted.

J. [ A game manager who is a bona fide member of the qualified organization and is designated by the organization's management as a person responsible for the operation of the electronic games shall be present at the facility where the electronic gaming occurs any time electronic gaming is available to the public. For electronic gaming conducted by the social organization for its members only, the game manager or responsible representative must be available by telephone at all times and must be physically present at the facility within 30 minutes of a request by the department. Failure to provide the department access to the facility may result in the revocation or suspension of the organization's electronic gaming authorization.

K. ] Organizations shall ensure that all charitable gaming equipment, a distributed pull-tab system, and any electronic gaming device are in working order before charitable gaming activities commence.

[ K. L. ] Each electronic gaming device must have a device tag affixed indicating that such device is authorized and approved by the department. All organizations shall notify the department of any new distributed pull-tab system or electronic gaming devices they purchase or lease.

[ L. M. ] Any organization selling bingo, paper instant bingo, paper pull-tabs, paper seal cards, or network bingo supplies or conducting electronic gaming shall:

1. Maintain a supplier's, network bingo provider's, or manufacturer's invoice or a legible copy thereof at the location where the gaming is taking place and cards are sold. The original invoice or legible copy shall be stored in the same storage space as the gaming supplies. All gaming supplies shall be stored in a secure area that has access limited only to bona fide members of the organization; [ and ]

2. Pay for all charitable gaming supplies [ and except electronic gaming supplies, including the use of the electronic gaming device ], only by a check drawn on the charitable gaming account of the organization [ ; and

3. Pay for all electronic gaming supplies, including the use of the electronic gaming device, by check or electronic fund transfer drawn from the charitable gaming account of the organization. Any electronic fund transfer shall be agreed to in writing between the qualified or social organization and the licensed manufacturer or supplier ].

A complete inventory of all charitable gaming supplies shall be maintained by the organization on the premises where the gaming is being conducted.

[ M. N. ] A bingo session game worker may receive complimentary food and nonalcoholic beverages provided on premises, as long as the retail value of such food and beverages does not exceed $15 for each session.

[ N. O. ] Permitted organizations shall not commingle records, supplies, or funds from permitted activities with those from paper instant bingo, paper pull-tabs, paper seal cards, or electronic gaming sold in social quarters.

[ O. P. ] Individuals who are not members of an organization or are members who do not participate in any charitable gaming activities may be paid reasonable fees for preparation of quarterly and annual financial reports.

[ P. Q. ] Except as allowed pursuant to § 18.2-340.34:1 of the Code of Virginia, no free packs, free electronic bingo devices, free electronic pull-tabs, free network bingo cards, discounts, or remuneration in any other form shall be provided directly or indirectly to game workers, members of their family, or individuals residing in their household. The reduction of tuition, dues, or any fees or payments due as a result of a member or shareholder or anyone in their household working bingo games, electronic gaming, or raffles is prohibited.

[ Q. R. ] Individuals providing security for an organization's charitable gaming activity shall not participate in the charitable gaming activity and shall not be compensated with charitable gaming supplies, free electronic pull-tabs, or network bingo cards or with rentals of electronic bingo devices or electronic gaming devices.

[ R. S. ] No organization shall award any prize money or any merchandise valued in excess of the amounts specified by the Code of Virginia.

[ S. T. ] Multiple sessions shall be permitted in a single premises as long as the sessions are distinct from one another and are not used to advertise or do not result in the awarding of more in prizes than is permitted for a single qualified organization. All leases for organizations to conduct charitable gaming or electronic gaming in a single premises shall ensure each session is separated by an interval of at least 30 minutes. Bingo sales for the subsequent session may take place during the 30-minute break once the building is cleared of all patrons and workers from the previous session. No other sales of charitable gaming supplies or electronic gaming may occur during the 30-minute break.

[ T. U. ] All bingo and instant bingo, pull-tabs, seal card, or electronic gaming sales, play, and redemption must occur within the time specified on the charitable gaming permit or authorization to operate and conduct electronic gaming. Network bingo card sales must occur within the time specified on the charitable gaming permit.

[ U. V. ] Paper instant bingo, paper pull-tabs, or paper seal cards shall only be sold in conjunction with a bingo session, except as authorized by § 18.2-340.26:1, 18.2-340.26:2, or 18.2-340.26:3 of the Code of Virginia. No paper instant bingo, paper pull-tab, or paper seal card sales shall take place more than two hours before the selection of the first ball for the first bingo game or more than two hours after the selection of the last ball for the last bingo game. If multiple sessions are held at the same location for either bingo or electronic gaming, no paper instant bingo, paper pull-tab, paper seal card, or electronic pull-tab sales shall be conducted during the required 30-minute break between sessions. The department may take action if it believes that a bingo session is not legitimate or is being conducted in a manner such that paper instant bingo, paper pull-tabs, or paper seal cards are not being sold in conjunction with a bingo session.

[ V. W. ] Only a game worker for a qualified organization may rent, exchange, or otherwise provide electronic bingo devices or electronic gaming devices to players.

[ W. X. ] A qualified organization shall conduct only bingo games, network bingo, and raffles listed on a game program for that session. The program shall list all prize amounts. If the prize amounts are determined by attendance or at the end of a game, the game program shall list the attendance required for the prize amount or disclose that prizes shall be determined at the end of a game and the method for determining the prize amount. In such a case, the organization shall announce the prize amount at the end of the game. The percentage of the gross receipts from network bingo cards allocated to the prize pool shall be listed on the game program along with the maximum allowable prize amount for network bingo.

[ X. Y. ] A qualified organization selling paper instant bingo, paper pull-tabs, or paper seal cards or conducting electronic gaming shall post a flare provided by the manufacturer at the location where such cards or electronic pull-tabs are sold. All such sales and prize payouts shall be in accordance with the flare for that deal.

[ Y. Z. ] Only qualified organizations, facilities in which qualified organizations play bingo, network bingo providers, and suppliers permitted by the department shall advertise a bingo game. Providing players with information about network bingo or bingo games through printed advertising is permitted, provided the name of the qualified organization shall be in a type size equal to or larger than the name of the premises, the hall, or the word "bingo." Printed advertisements shall identify the use of proceeds percentage reported in the past quarter or fiscal year.

[ Z. AA. ] Advertisements for electronic gaming are prohibited.

[ AA. BB. ] Raffles that award prizes based on a percentage of gross receipts shall use prenumbered tickets.

[ BB. CC. ] The following rules shall apply to mechanical dispensing devices used to dispense paper instant bingo, paper pull-tabs, or paper seal cards:

1. A mechanical dispensing device shall only be used at a location and time during which a qualified organization holds a permit to conduct charitable gaming. Only instant bingo, paper pull-tab, or paper seal cards purchased by an organization to be used during the organization's charitable gaming activity shall be in the mechanical dispensing device.

2. Keys to the dispensing area and coin box or cash box shall be in the possession and control of the game manager or designee of the organization's board of directors at all times. Keys shall at all times be available at the location where the mechanical dispensing device is being used.

3. The game manager or designee shall provide access to the mechanical dispensing device to the department, its employees, or its agents for inspection upon request.

4. Only a game worker of an organization may stock the mechanical dispensing device, remove cash, or pay winners' prizes.

[ CC. DD. ] Organizations shall only acquire, lease, obtain, purchase, rent, or use charitable gaming supplies from a supplier; network bingo supplies from a network bingo provider; distributed pull-tab system or electronic gaming devices from a manufacturer or supplier who has a current permit issued by the department pursuant to § 18.2-340.34 of the Code of Virginia.

[ DD. EE. ] An organization shall not tamper with bingo paper or any other charitable gaming supplies received from a supplier or distributed pull-tab system or electronic gaming devices received from a manufacturer or supplier.

[ EE. FF. ] The total amount of all discounts given by any organization for bingo games during any fiscal year shall not exceed 1.0% of the organization's gross receipts.

[ FF. GG. ] A social organization may place the same electronic gaming device in its social quarters that it places in the public space in its primary location when operating and conducting electronic gaming. A social organization shall notify the department and manufacturer prior to moving the device between its social quarters and the public space in its primary location and shall only move the device after the manufacturer ensures its system accurately reflects the qualified organization to which the electronic gaming sales must be attributed. The social organization shall ensure no cash is located in the device's bill acceptor prior to moving the device between its social quarters and the public space in its primary location.

11VAC20-20-70. Rules of play.

A. Each organization shall adopt "house rules" regarding conduct of the session. The "house rules" for the network bingo game shall be adopted by a mutual agreement among all of the organizations participating in a particular network bingo or by the network bingo provider. Such rules shall be consistent with the provisions of the Charitable Gaming Law and regulations adopted pursuant thereto. "House rules" shall be conspicuously posted or printed on the game program.

B. All players shall be physically present at the location where the bingo numbers for a bingo game are drawn to play the game or to claim a prize, except when the player, who has purchased a network bingo card, is participating in network bingo. Seal card prizes that can only be determined after a seal is removed or opened must be claimed within 30 days of the close of a deal. All other prizes [ , except prizes for electronic gaming, ] must be claimed on the game date.

C. The following rules of play shall govern the sale of instant bingo, pull-tabs, and seal cards:

1. No cards that have been marked, defaced, altered, tampered with, or otherwise constructed in a manner that tends to deceive the public or affect the chances of winning or losing shall be placed into play.

2. Winning cards shall have the winning symbol or number defaced or punched immediately after redemption by the organization's authorized representative.

3. An organization may commingle unsold instant bingo cards and pull-tabs with no more than one additional deal. The practice of commingling deals shall be disclosed to the public via house rules or in a similar manner. Seal card deals shall not be commingled.

4. If a deal is not played to completion and unsold cards remain, the remaining cards shall be sold at the next session the same type of ticket is scheduled to be sold. If no future date is anticipated, the organization shall, after making diligent efforts to sell the entire deal, consider the deal closed or completed. The unsold cards shall be retained for a minimum of three years following the close of the fiscal year and shall not be opened.

5. All seal card games purchased shall contain the sign-up sheet, the seals, and the cards packaged together in each deal.

6. Progressive seal card prizes not claimed within 30 days shall be carried forward to the next progressive seal card game in progress and paid to the next progressive seal card game prize winner.

D. No one involved in the conduct of bingo may play bingo, play network bingo, or purchase network bingo cards at any session they have worked or intend to work. No one involved in the sale or redemption of any instant bingo, pull-tabs, seal cards, or electronic gaming may purchase directly or through others instant bingo, pull-tab, seal card, or electronic gaming products from organizations they assist on the day they have worked or from any deal they have helped sell or redeem, whichever occurs later.

E. Electronic bingo.

1. Electronic bingo devices may be used by bingo players in the following manner:

a. Players may input into the device each number called or the device may automatically daub each number as the number is called;

b. Players must notify the game operator or caller of a winning pattern of bingo by a means other than use of the electronic bingo device;

c. Players are limited to playing a maximum of 54 card faces per device per game;

d. Electronic bingo devices shall not be reserved for players. Each player shall have an equal opportunity to use the available electronic bingo devices on a first come, first served basis;

e. Each electronic bingo device shall produce a player receipt with the organization name, date, time, location, sequential transaction or receipt number, number of electronic bingo cards loaded, cost of electronic bingo cards loaded, and date and time of the transaction. Images of cards or faces stored in an electronic bingo device must be exact duplicates of the printed faces if faces are printed;

f. Department agents may examine and inspect any electronic bingo device and related system. Such examination and inspection shall include immediate access to the electronic bingo device and unlimited inspection of all parts and associated systems and may involve the removal of equipment from the game premises for further testing;

g. All electronic bingo devices must be loaded or enabled for play on the premises where the game will be played;

h. All electronic bingo devices shall be rented or otherwise provided to a player only by an organization and no part of the proceeds of the rental of such devices shall be paid to a landlord or the landlord's employee, agent, or member of the landlord's immediate family; and

i. If a player's call of a bingo is disputed by another player or if a department agent makes a request, one or more cards stored on an electronic bingo device shall be printed by the organization.

2. Players may exchange a defective electronic bingo device for another electronic bingo device provided a disinterested player verifies that the device is not functioning. A disinterested player shall also verify that no numbers called for the game in progress have been keyed into the replacement electronic bingo device prior to the exchange.

F. The following rules of play shall govern the conduct of raffles:

1. Before a prize drawing, each stub or other detachable section of each ticket sold shall be placed into a receptacle from which the winning tickets shall be drawn. The receptacle shall be designed so that each ticket placed in it has an equal chance to be drawn.

2. All prizes shall be valued at fair market value.

G. The following rules shall apply to decision bingo games:

1. Decision bingo shall be played on bingo cards in the conventional manner.

2. Players shall enter a game by paying a predetermined amount for each card face in play.

3. Players shall pay a predetermined fee for each set of three bingo numbers called for each card in play.

4. The prize amount shall be the total of all fees not to exceed the prize limit set forth for regular bingo in § 18.2-340.33 of the Code of Virginia. Any excess funds shall be retained by the organization.

5. The predetermined amounts in subdivisions 2 and 3 of this subsection shall be printed in the game program. The prize amount for a game shall be announced before the prize is paid to the winner.

H. The following rules shall apply to treasure chest games:

1. The organization shall list the treasure chest game on the bingo game program as a "Treasure Chest Raffle."

2. The organization shall have house rules posted that describe how the game is to be played.

3. The treasure chest participant shall only be selected through some other authorized charitable game at the same bingo session.

4. The organization shall account for all funds as treasure chest/raffle sales on the session reconciliation form.

5. If the player does not open the lock on the treasure chest, the game manager or the game manager's designee shall proceed to try every key until the correct key opens the treasure chest lock to show all players that one of the keys will open the lock.

I. The following rules shall apply to progressive bingo games:

1. Bingo paper sold for use in progressive bingo games shall conform to the standards set forth in 11VAC20-20-140.

2. Organizations shall not include in admission packs the bingo paper intended for use in progressive bingo games.

3. Any progressive bingo game, its prize, and the number of bingo numbers to be called shall be clearly announced before the progressive bingo game is played and shall be posted on the premises where the progressive bingo game is played during each session that a progressive bingo game is played.

4. Pricing for a progressive bingo game card or sheet shall be listed on the game program.

5. If the predetermined pattern is not covered within the predetermined number of bingo numbers to be called, then the number of bingo numbers called will increase by one number for each subsequent session the progressive bingo game is played.

6. If the predetermined pattern is not covered within the predetermined number of bingo numbers to be called for that progressive bingo game, then the game will continue as a regular bingo game until the predetermined pattern is covered and a regular bingo prize is awarded.

7. The prize for any progressive bingo game shall be in accordance with the provisions of subdivision 8 of § 18.2-340.33 of the Code of Virginia.

J. The following rules shall apply to WINGO:

1. WINGO shall be played only for the hearing-impaired players.

2. WINGO shall utilize a visual device such as an oversized deck of cards in place of balls selected from a blower.

3. A caller must be in an area visible to all players and shall randomly select cards or other visual devices one at a time and display them so that all players can see them.

4. The organization must have house rules for WINGO, and the rules shall identify how players indicate that they have won.

5. All financial reporting shall be consistent with reporting for a traditional bingo game.

K. The following rules of play shall apply to event games:

1. No instant bingo cards or pull-tabs that have been marked, defaced, altered, tampered with, or otherwise constructed in a manner that tends to deceive the public or affect the chances of winning or losing shall be placed into play.

2. Instant bingo cards and pull-tabs used in an event game shall not be offered for sale or sold at a purchase price other than the purchase price indicated on the flare for that particular deal.

3. The maximum prize amount for event games shall not exceed the amount set forth in subdivision 8 of § 18.2-340.33 of the Code of Virginia for instant bingo, pull-tab, or seal card.

4. A sign-up sheet is not required for event games in which the winners are determined using a seal card.

5. Organizations shall determine the winners of event games during the same bingo session in which the instant bingo cards or pull-tabs are sold.

6. An authorized representative of the organization shall deface or punch the winning instant bingo cards or winning pull-tabs immediately after redemption.

7. If unsold bingo cards or unsold pull-tabs remain, the unsold cards shall be retained for a minimum of three years following the close of the fiscal year and shall not be opened.

Article 3

Bank Accounts, Recordkeeping, Financial Reporting, Audits, Fees

11VAC20-20-80. Bank accounts.

A. A qualified organization shall maintain a charitable gaming bank account that is separate from any other bank account, and all gaming receipts, except receipts from electronic gaming, shall be deposited into the charitable gaming bank account.

B. Disbursements for expenses other than prizes and reimbursement of meal expenses shall be made by check directly from a charitable gaming bank account or a bank account authorized pursuant to subsection A of this section. However, expenses related to a network bingo game [ or distributed pull tab system ] may be disbursed through an electronic fund transfer to the network bingo provider [ or the permitted manufacturer or supplier providing the distributed pull-tab system, ] provided that such an arrangement is agreed upon by both [ (i) ] the qualified [ or social ] organization and [ (ii) ] the network bingo provider [ or permitted manufacturer or supplier ]. A written agreement specifying the terms of this arrangement shall be required prior to any electronic fund transfer occurring between the two parties.

C. All records related to the charitable gaming bank account or the other bank account, authorized pursuant to subsection A of this section, including monthly bank statements, canceled checks or facsimiles thereof, and reconciliations, shall be maintained for a minimum of three years following the close of a fiscal year.

D. All receipts from each session of bingo games, network bingo games, raffles, instant bingo, pull-tabs, [ or ] seal cards [ , or electronic gaming ] shall be deposited by the second business day following the session at which they were received. [ All receipts from electronic gaming shall be deposited at least once every seven calendar days. ]

E. Raffle proceeds unrelated to a session shall be deposited into the qualified organization's charitable gaming bank account or a bank account authorized pursuant to subsection A of this section no later than the end of the calendar week following the week during which the organization received the proceeds.

F. A social organization operating and conducting electronic gaming or a qualified organization renting a premises from a social organization for the purpose of electronic gaming shall maintain a separate bank account for all receipts [ rebates, discounts, or refunds ] from electronic gaming.

11VAC20-20-90. Recordkeeping.

A. In addition to the records required by § 18.2-340.30 D of the Code of Virginia, qualified organizations conducting a session of bingo [ , or ] electronic gaming [ , instant bingo, pull-tabs, seal cards, or raffle ] shall maintain a system of records for a minimum of three years following the close of the fiscal year, unless otherwise specified, for each session on forms prescribed by the department or reasonable facsimiles of those forms approved by the department that include:

1. Charitable gaming supplies, including electronic gaming or network bingo supplies purchased and used;

2. A session reconciliation form [ ; or ] an instant bingo, pull-tab, or seal card reconciliation form [ ; and an electronic gaming reconciliation form ] completed and signed within 48 hours of the end of the session by the game manager [ . For electronic gaming, an electronic gaming reconciliation form completed and signed within 48 hours of the deposit of receipts in accordance with 11VAC20-20-80 D ];

3. All discounts provided;

4. A reconciliation to account for cash received from floor workers for the sale of extra bingo sheets for any game or network bingo cards;

5. The summary report that electronic bingo systems are required to maintain pursuant to 11VAC20-20-140 D 11;

6. An admissions control system [ for a session involving bingo and instant bingo, seal cards, and pull-tabs ] that provides a cross-check on the number of players in attendance and admission sales. This may include a ticket control system, cash register, or any similar system [ . The requirements of this subdivision shall not apply to the operation and conduct of electronic gaming ];

7. All operating expenses, including rent, advertising, and security. Copies of invoices for all such expenses shall also be maintained;

8. Expected and actual receipts from games played on hard bingo cards and number of games played on hard bingo cards;

9. A record of the name and address of each winner for all seal cards; in addition, the winning ticket and seal card shall be maintained for a minimum of 90 days after the session;

10. A record of all door prizes awarded; and

11. For any prize or jackpot of a value that meets or exceeds the reporting requirements in the Internal Revenue Service's Publication 3079, the name and address of each individual to whom any such prize or jackpot is awarded and the amount of the award.

B. Qualified organizations conducting raffles unrelated to a session shall have a recordkeeping system to account for cash receipts, cash disbursements, raffle tickets purchased or sold, and prizes awarded. All records shall be maintained for a minimum of three years following the close of the fiscal year. The recordkeeping system shall include:

1. Invoices for the purchase of raffle tickets, which shall reflect the following information:

a. Name and address of supplier;

b. Name of purchaser;

c. Date of purchase;

d. Number of tickets printed;

e. Ticket number sequence for tickets printed; and

f. Sales price of individual ticket;

2. A record of cash receipts from raffle ticket sales by tracking the total number of tickets available for sale, the number issued to sellers, the number returned, the number sold, and reconciliation of all raffle sales to receipts;

3. Serial numbers of tickets for raffle sales initiated and concluded at a bingo game or sequentially numbered tickets, which shall state the name, address, and telephone number of the organization, the prize to be awarded, the date of the prize drawing or selection, the selling price of the raffle ticket, and the charitable gaming permit number;

4. For any raffle prize of a value that meets or exceeds the reporting requirements in the Internal Revenue Service's Publication 3079, receipts on which prize winners must provide printed name, residence address, and the amount and description of the prize received; and

5. Deposit records of the required weekly deposits of raffle receipts.

C. All raffle tickets shall have a detachable section; be consecutively numbered with the detachable section having the same number; provide space for the purchaser's name, complete address, and telephone number; and state (i) the name and address of the organization; (ii) the prize to be awarded; (iii) the date, time, and location of the prize drawing; (iv) the selling price of the ticket; and (v) the charitable gaming permit number. Winning tickets and unsold tickets shall be maintained for a minimum of three years following the close of the fiscal year.

D. All unused charitable gaming supplies, including network bingo supplies, shall either be returned for refund to the original supplier in unopened original packaging in resalable condition as determined by the supplier or destroyed following notification to the department on a form prescribed by the department. The organization shall maintain a receipt for all such supplies returned to the supplier or destroyed.

11VAC20-20-100. Financial reporting, penalties, inspections, and audits.

A. Each holder of a charitable gaming permit or an authorization to operate and conduct electronic gaming shall file an annual report of receipts and disbursements by March 15 of each year on a form prescribed by the department. The annual report shall cover the activity for the fiscal year.

B. For all charitable gaming except electronic gaming, the annual report shall be accompanied by the audit and administration fee of 0.5% of the gross receipts and an additional fee of 0.25% for the fiscal year unless the fee has been remitted with quarterly reports, or the organization is exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia.

C. For electronic gaming, the annual report shall be accompanied by the audit and administration fee of 0.5% of the adjusted gross receipts and an additional fee of 0.25% for the fiscal year unless the fee has been remitted with quarterly reports, remitted by the manufacturer pursuant to § 18.2-340.31 of the Code of Virginia. While the manufacturer may pay the audit and administration fee for the organization, it is the sole responsibility of the organization to ensure the fee is paid in full.

D. An organization desiring an extension to file its annual report for good cause shall, prior to the due date established in subsection A of this section, request the extension in writing on a form prescribed by the department and shall pay the projected audit and administration fee, unless remitted by the manufacturer pursuant to § 18.2-340.31 of the Code of Virginia or exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia. The extension request and payment of projected fees shall be made in accordance with the provisions of § 18.2-340.30 of the Code of Virginia.

E. Unless exempted by § 18.2-340.23 of the Code of Virginia, qualified organizations realizing any gross gaming receipts in any calendar quarter shall file a quarterly report of receipts and disbursements on a form prescribed by the department as follows:

Quarter Ending	Date Due
March 31	June 1
June 30	September 1
September 30	December 1
December 31	March 1

Qualified organizations shall submit quarterly reports with the appropriate audit and administration fee, as established in subsections B and C of this section, for the quarter unless remitted by the manufacturer pursuant to § 18.2-340.31 of the Code of Virginia, or the organization is exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia. An annual financial report may substitute for a quarterly report if the organization has no further charitable gaming income during the remainder of the reporting period and the annual report is filed by the due date for the applicable calendar quarter.

F. An organization desiring an extension to file its quarterly report for good cause shall, prior to the due date as specified pursuant to subsection D of this section, request the extension in writing on a form prescribed by the department and shall pay the projected audit and administration fee, unless remitted by the manufacturer pursuant to § 18.2-340.31 of the Code of Virginia or exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia. The extension request and payment of projected fees shall be made in accordance with the provisions of § 18.2-340.30 of the Code of Virginia.

G. Organizations failing to file required reports, request an extension, or make fee payments when due shall be charged a penalty of $25 per day from the due date until such time as the required report is filed.

H. Any qualified organization in possession of funds derived from charitable gaming or electronic gaming, including those who have ceased operations, regardless of when such funds may have been received or whether it has a valid permit or authorization to operate and conduct electronic gaming from the department, shall file an annual financial report on a form prescribed by the department on or before March 15 of each year until such funds are depleted. If an organization ceases the operation and conduct of charitable gaming or electronic gaming, it shall provide the department with the name of an individual who shall be responsible for filing financial reports. If no such information is provided, the president of an organization shall be responsible for filing reports until all charitable gaming or electronic gaming proceeds are depleted.

I. If an organization has been identified through inspection, audit, or other means as having deficiencies in complying with the Charitable Gaming Law and regulations adopted pursuant thereto or having ineffective internal controls, the department may impose restrictions or additional recordkeeping and financial reporting requirements.

J. Any records deemed necessary to complete an inspection, audit, or investigation may be collected by the department, its employees, or its agents from the premises of an organization or any location where charitable gaming is conducted. The department shall provide a written receipt of such records at the time of collection.

K. [ Salaries and wages of employees whose primary responsibility is to provide services for the principal benefit of an organization's members shall not qualify as a business expense. An organization that meets the requirements of 11VAC20-20-20 D 2 may use electronic gaming revenue for salaries and wages of employees whose primary responsibility is to provide services for the principal benefit of an organization's members. ]

11VAC20-20-110. Use of proceeds.

A. All payments by an organization intended as use of proceeds [ , except for payments made from electronic gaming receipts, ] must be made by check written from the organization's charitable gaming account or a bank account authorized pursuant to 11VAC20-20-80 A.

B. [ All payments by an organization intended as use of proceeds that are made from electronic gaming receipts must be made by check or electronic funds transfer from the organization's charitable gaming account or a bank account authorized pursuant to 11VAC20-20-80 A.

C. ] Use of proceeds payments may be made for scholarship funds or for religious, charitable, educational, or community purposes. In addition, an organization may obtain department approval to establish a special fund account or an irrevocable trust fund for special circumstances. Transfers to such an account or an irrevocable trust fund from the organization's charitable gaming account may be included as a use of proceeds if the payment is authorized by the organization's board of directors.

No payments made to such a special fund account shall be withdrawn for other than the specified purpose, unless prior notification is made to the department.

[ C. D. ] Expenditures of charitable gaming funds for social or recreational activities or for events, activities, or programs that are open primarily to an organization's members and their families shall not qualify as use of proceeds unless substantial benefit to the community is demonstrated.

[ D. E. ] Payments made to or on behalf of indigent, sick, or deceased members or their immediate families shall be allowed as use of proceeds provided they are approved by the organization's board of directors and the need is documented.

[ E. F. ] Payments made directly for the benefit of an individual member, member of an individual member's family, or person residing in an individual member's household shall not be allowed as a use of proceeds unless authorized by the Charitable Gaming Law or regulations adopted pursuant thereto.

[ F. G. ] Use of proceeds payments by an organization shall not be made for any activity that is not permitted by federal, state, or local laws or for any activity that attempts to influence or finance directly or indirectly political persons or committees or the election or reelection of any person who is or has been a candidate for public office.

[ G. H. ] Organizations shall maintain details of all use of proceeds disbursements for a minimum of three years following the close of the fiscal year and shall make this information available to the department upon request.

[ H. I. ] The department may disallow a use of proceeds payment to be counted against the minimum percentage referred to in 11VAC20-20-20 D. If any payment claimed as use of proceeds is subsequently disallowed, an organization may be allowed additional time as specified by the department to meet minimum use of proceeds requirements.

Article 4

Rent

11VAC20-20-120. Requirements regarding renting premises, agreements, and landlord participation.

A. No qualified organization shall lease, rent, or use any premises to operate or conduct charitable gaming unless all terms and conditions for lease, rental, or use are set forth in a written agreement and signed by the parties thereto prior to the issuance of a permit to operate and conduct charitable gaming or authorization to operate and conduct electronic gaming.

B. Organizations shall not make payments to a landlord or a landlord's agent or employee except by check drawn on the organization's charitable gaming account.

C. No landlord, landlord's agent or employee, member of a landlord's immediate family, or person residing in a landlord's household shall make, directly or indirectly, a loan to any of the organization's officers, directors, or game managers or to any organization involved in the management, operation, or conduct of charitable gaming or electronic gaming of an organization in Virginia that leases its charitable gaming premises from the landlord.

D. No landlord, landlord's agent or employee, member of a landlord's immediate family, or person residing in a landlord's household shall make any direct or indirect payment to any qualified organization or the organization's officers, directors, or game managers involved in the management, operation, or conduct of charitable gaming or electronic gaming conducted on a premise leased from the landlord in Virginia unless the payment is authorized by the lease agreement and is in accordance with the law.

E. No landlord, landlord's agent or employee, member of a landlord's immediate family, or person residing in a landlord's same household shall do any of the following at charitable games or electronic games operated and conducted on the landlord's premises:

1. Participate in the management, operation, or conduct of any charitable games or electronic games;

2. Sell, lease, or otherwise provide any charitable gaming supplies, including bingo cards, pull-tab cards, distributed pull-tab systems, electronic gaming devices, network bingo cards, or other game pieces; or

3. Require as a condition of the lease that a particular manufacturer, distributor, network bingo provider, or supplier of charitable gaming supplies or electronic gaming device is used by the organization.

"Charitable gaming supplies" as used in this chapter shall not include glue, markers, or tape sold from concession stands or from a location physically separated from the location where charitable gaming supplies are normally sold.

F. No member of an organization involved in the management, operation, or conduct of charitable gaming or electronic gaming shall provide any services to a landlord or a landlord's agents or employees or be remunerated in any manner by the landlord of the premises or such landlord's agents or employees where an organization is operating or conducting its charitable gaming or electronic gaming.

G. For the purpose of operating and conducting electronic gaming, a qualified organization shall only lease or rent the premises of a permitted and authorized social organization that is operating and conducting electronic gaming pursuant to §§ 18.2-340.25:1 and 18.2-340.26:3 of the Code of Virginia. All terms and conditions for leasing or renting of the premises shall be set forth in a written agreement and signed by the parties. No qualified organization shall operate and conduct electronic gaming until the written agreement is submitted to the department for review and the department issues a permit authorizing the qualified organization to conduct and operate electronic gaming.

H. The lease agreement between a social organization authorized to operate and conduct electronic gaming and a qualified organization that intends to lease or rent the social organization's public space in order to operate and conduct electronic gaming:

1. Shall not require the qualified organization to acquire, lease, obtain, purchase, rent, or use an electronic gaming device from a specific manufacturer;

2. Shall not provide for the employment or compensation of any member of the social organization for the purpose of organizing, managing, or conducting electronic gaming;

3. Shall establish a fixed rental or lease payment amount that reflects the fair market rental value, as defined in § 18.2-340.16 of the Code of Virginia. The fixed rental or lease payment amount shall not be based on a percentage of the qualified organization's electronic gaming receipts or the number of players at its electronic gaming session;

4. Shall not include a clause or condition that restricts the qualified organization from operating and conducting electronic gaming at the premises of another social organization; and

5. Shall not authorize the qualified organization to operate and conduct electronic gaming in the social organization's social quarters.

I. A social organization that is permitted and authorized to operate and conduct electronic gaming that leases its premises to a qualified organization so that the qualified organization may operate and conduct electronic gaming:

1. Shall not restrict a qualified organization's ability to conduct electronic gaming at the premise of another social organization;

2. Shall not lease or rent its social quarters to a qualified organization for the purpose of operating and conducting electronic gaming;

3. Shall not enter into any agreement that employs or otherwise compensates any person from the qualified organization to participate in the management, operation, or conduct of electronic gaming; and

4. Shall only lease or rent its premises by means of a fixed rental or lease payment amount that is established in the written agreement and reflects the fair market rental value, as defined in § 18.2-340.16 of the Code of Virginia. The fixed rental or lease payment amount shall not be based on a percentage of the qualified organization's receipts from electronic gaming or the number of players at its electronic gaming session.

Part III

Suppliers

11VAC20-20-130. Suppliers of charitable gaming supplies: application, qualifications, suspension, revocation, or refusal to renew permit.

A. Prior to providing any charitable gaming supplies, a supplier shall submit an application on a form prescribed by the department and receive a permit. A $1,000 application fee payable to the Treasurer of Virginia is required. In addition, a supplier must be authorized to conduct business in the Commonwealth of Virginia, which may include registration with the State Corporation Commission, the Department of Taxation, and the Virginia Employment Commission. The actual cost of background investigations for a permit may be billed by the department to an applicant.

B. The department may refuse to issue a permit or may suspend or revoke a permit if an officer, director, employee, agent, or owner:

1. Is operating without a valid license, permit, or certificate as a supplier, network bingo provider, or manufacturer in any state in the United States;

2. Fails or refuses to recall a product as directed by the department;

3. Conducts business with unauthorized entities or is not authorized to conduct business in the Commonwealth of Virginia;

4. Has been convicted of or pleaded nolo contendere to any crime as specified by § 18.2-340.34 B of the Code of Virginia; has had any license, permit, certificate, or other authority related to activities defined as charitable gaming in the Commonwealth suspended or revoked in the Commonwealth or in any other jurisdiction; has failed to file or has been delinquent in excess of one year in the filing of any tax returns or the payment of any taxes due the Commonwealth; or has failed to establish a registered office or registered agent in the Commonwealth if so required by § 13.1-634 or 13.1-763 of the Code of Virginia. As this provision relates to employees or agents, it shall only apply to individuals involved in sales to or solicitations of customers in the Commonwealth of Virginia;

5. Fails to notify the department within 20 days of the occurrence, knowledge, or receipt of the filing of any administrative or legal action relating to charitable gaming or the distribution of charitable gaming supplies involving or concerning the supplier, any officer or director, employee, agent, or owner during the term of its permit;

6. Fails to provide to the department upon request a current Letter for Company Registration on file with the U.S. Department of Justice if required in accordance with the Gambling Devices Act of 1962 (15 USC §§ 1171 through 1178) for any device that it sells, distributes, services, or maintains in the Commonwealth of Virginia; or

7. Has been engaged in conduct that would compromise the department's objective of maintaining the highest level of integrity in charitable gaming.

C. A supplier shall not sell, offer to sell, or otherwise provide charitable gaming supplies, distributed pull-tab systems, or electronic gaming devices for use by anyone in the Commonwealth of Virginia other than to an organization with a permit from the department or another permitted supplier. However, a supplier may:

1. Sell bingo cards and paper to persons or entities other than qualified organizations provided such supplies shall not be sold or otherwise provided for use in charitable gaming activities regulated by the department or in unlawful gambling activities. For each such sale, the supplier shall maintain the name, address, and telephone number of the purchaser. The supplier shall also obtain a written statement from the purchaser verifying that such supplies will not be used in charitable gaming or any unlawful gambling activity. Such a statement shall be dated and kept on file for a minimum of three years from the close of a fiscal year. Payment for such sales in excess of $50 shall be accepted in the form of a check.

2. Sell pull-tabs, seal cards, and electronic pull-tabs to organizations for use only upon the premises owned or exclusively leased by the organization and at such times as the portion of the premises in which the pull-tabs, seal cards, or electronic pull-tabs are sold is open only to members and their guests as authorized by § 18.2-340.26:1 of the Code of Virginia. Each such sale shall be accounted for separately and the accompanying invoice shall be clearly marked: "For Use in Social Quarters Only."

3. All such sales shall be documented pursuant to subsection G of this section and reported to the department pursuant to subsection I of this section. This provision shall not apply to the sale to landlords of equipment and video systems as defined in this chapter.

D. A supplier shall not sell, offer to sell, or otherwise provide charitable gaming supplies to any individual or organization in the Commonwealth of Virginia unless the charitable gaming supplies are purchased or obtained from a manufacturer or another permitted supplier. Suppliers may take back for credit and resell supplies received from an organization with a permit that has ceased charitable gaming or is returning supplies not needed.

E. No supplier, supplier's agent, or supplier's employee may be involved in the management, operation, or conduct of charitable gaming in the Commonwealth of Virginia. No member of a supplier's immediate family or person residing in the same household as a supplier may be involved in the management, operation, or conduct of charitable gaming of any customer of the supplier in the Commonwealth of Virginia. No supplier, supplier's agent, or supplier's employee may participate in any charitable gaming of any customer of the supplier in the Commonwealth of Virginia. For the purposes of this regulation, servicing of electronic bingo devices or electronic gaming devices shall not be considered conduct or participation.

F. The department shall conduct a background investigation prior to the issuance of a permit to any supplier. The investigation may include the following:

1. A search of criminal history on all officers, directors, and owners; and

2. Verification of current compliance with Commonwealth of Virginia tax laws.

If the officers, directors, or owners are domiciled outside of the Commonwealth of Virginia or have resided in the Commonwealth of Virginia for fewer than five years, a criminal history search conducted by the appropriate authority in any state in which the officers, directors, or owners have resided during the previous five years shall be provided by the applicant.

G. Appropriate information and authorizations shall be provided to the department to verify information cited in subsection E of this section.

H. Suppliers shall document each sale or rental of charitable gaming supplies to an organization in the Commonwealth of Virginia on an invoice, which reflects the following:

1. Name, address, and organization number of the organization;

2. Date of sale or rental and location where charitable gaming supplies are shipped if different from the billing address;

3. Name, form number, and serial number of each deal of instant bingo, pull-tabs, seal cards, [ electronic gaming, ] or bundles and the quantity of cards in each deal;

4. Quantity of deals sold, the cost per deal, the selling price per card, the cash take-in per deal, and the cash payout per deal;

5. Serial number of the top sheet in each pack of disposable bingo paper, the quantity of sheets in each pack or pad, the cut and color, and the quantity of packs or pads sold;

6. Serial number for each series of uncollated bingo paper and the number of sheets sold;

7. Detailed information concerning the type, quantity, and individual price of any other charitable gaming supplies or related items, including concealed face bingo cards, hard cards, markers or daubers and refills, or any other merchandise. For concealed face bingo cards, the quantity of sets, price per set, and the serial number of each set shall be included;

8. Serial number of each electronic gaming device, a description of the physical attributes of the electronic gaming device, the quantity of electronic gaming devices sold or rented, and the physical address to which each electronic gaming device is shipped or delivered;

9. Serial number and description of any other equipment sold or rented that is used to facilitate the distribution, play, and redemption of electronic gaming and the physical address to which the equipment is shipped or delivered; [ and ]

10. Any type of equipment, device, or product manufactured for or intended to be used in the conduct of charitable games, including designators, designator receptacles, number display boards, selection devices, dispensing machines, and verification devices [ ; and

11. For electronic gaming, the gross receipts or ticket sales, prizes paid out, electronic gaming adjusted gross receipts, cost of the use of the distributed pull-tab system, rebates, discounts, refunds, and any other information deemed necessary by the department ].

I. Suppliers shall ensure that two copies of the detailed invoice are provided to the customer for each sale of charitable gaming supplies.

J. Each supplier shall provide a report to the department by March 1 of each year on sales of charitable gaming supplies for the fiscal year ending December 31 of the previous year to each organization in the Commonwealth of Virginia. This report shall be provided to the department via a department-approved electronic medium. The report shall include the name, address, and organization number of each organization and the following information for each sale or transaction:

1. Bingo paper sales, including purchase price, description of paper to include quantity of sheets in pack and quantity of faces on sheet, and quantity of single sheets or packs shipped;

2. Deals of instant bingo, pull-tabs, seal cards, electronic pull-tabs, or any other raffle sales, including purchase price, deal name, deal form number, quantity of tickets in deal, ticket price, cash take-in per deal, cash payout per deal, and quantity of deals;

3. Electronic bingo device sales, including purchase or rental price and quantity of units;

4. Equipment used to facilitate the distribution, play, and redemption of electronic gaming, including purchase or rental price, description of equipment, quantity of units of each type of equipment, and the physical address to which the equipment is shipped or delivered; and

5. Sales of miscellaneous items such as daubers, markers, and other merchandise, including purchase price, description of product, and quantity of units.

K. The department shall set manufacturing and testing criteria for all electronic bingo devices and other equipment used in the conduct of charitable gaming. An electronic bingo device shall not be sold, leased, or otherwise furnished to any person in the Commonwealth of Virginia for use in the conduct of charitable gaming until an identical sample device containing identical proprietary software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The testing facility must certify that the device conforms, at a minimum, to the restrictions and conditions set forth in this chapter. Once the testing facility reports the test results to the department, the department will either approve or disapprove the submission and inform the manufacturer of the results. If any such equipment does not meet the department's criteria, it shall be recalled and shall not be distributed in the Commonwealth of Virginia. The cost of testing shall be borne by the manufacturer of such equipment.

L. Department employees shall have the right to inspect all electronic and mechanical equipment used in the conduct of charitable gaming.

M. Suppliers, supplier's agents and employees, members of the supplier's immediate family, or persons residing in a supplier's household shall not make any loan directly or indirectly to any organization or officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming of a supplier's customer located in the Commonwealth of Virginia.

N. No supplier, supplier's agent, or supplier's employee shall directly or indirectly provide a rebate, discount, or refund to any person other than an organization that purchases supplies or leases or purchases equipment from the supplier. All such transactions shall be recorded on the supplier's account books [ and invoices provided to the organization ].

O. A supplier shall not rent, sell, or otherwise provide electronic bingo devices or equipment used to distribute, play, or redeem electronic games unless the supplier possesses a valid permit in the Commonwealth of Virginia.

P. A written agreement specifying the terms of lease or rental shall be required for any electronic bingo devices or equipment used to distribute, play, or redeem electronic games provided to an organization.

11VAC20-20-140. Construction and other standards for bingo, instant bingo, pull-tabs, seal cards, raffles, electronic bingo devices, and dispensing devices.

A. No supplier shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use charitable gaming supplies unless they conform to the following construction standards:

1. Disposable paper sold shall be of sufficient weight and quality to allow for clearly readable numbers and to prevent ink from spreading, bleeding, or otherwise obscuring other numbers or cards.

2. Each sheet of disposable bingo paper shall be composed of cards bearing a serial number. No serial number shall be repeated on or in the same style, series, and color of cards within a three-year period.

3. Disposable bingo paper assembled in books or packs shall not be separated except for single-sheet specials. This provision does not apply to two-part cards on which numbers are filled by players and one part is separated and provided to an organization for verification purposes.

4. Each unit of disposable bingo paper shall have an exterior label listing the following information:

a. Description of product;

b. Number of packs or loose sheets;

c. Series numbers;

d. Serial number of the top sheet;

e. Number of cases;

f. Cut of paper; and

g. Color of paper.

5. "Lucky Seven" bingo cards or electronic facsimiles thereof shall have a single face where seven numbers shall be chosen. "Lucky Seven" sheets or electronic facsimiles thereof shall have multiple faces where seven numbers shall be chosen per face.

6. Disposable bingo paper shall have a number generally printed in the center space of a bingo card that identifies the unique pattern of numbers printed on that card. This number is commonly referred to as a free space number, perm number, center number, card number, or face number.

B. No supplier shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use instant bingo, pull-tab, or seal cards unless they conform to the following construction standards:

1. Cards shall be constructed so that concealed numbers, symbols, or winner protection features cannot be viewed or determined from the outside of the card by using a high intensity lamp of 500 watts, with or without utilizing a focusing lens.

2. Deals shall be designed, constructed, glued, and assembled in a manner to prevent determination of a winning or losing ticket without removing the tabs or otherwise uncovering the symbols or numbers as intended.

3. Each card in a deal shall bear the same serial number. Only one serial number shall be used in a deal. No serial number used in a deal shall be repeated by the same manufacturer on that same manufacturer's form within a three-year period. The flare of each deal shall accompany the deal and shall have affixed to it the same serial number as the tickets in such deal.

4. Numbers or symbols on cards shall be fully visible in the window and shall be placed so that no part of a number or symbol remains covered when the tab is removed.

5. Cards shall be glued on all edges and around each window. Glue shall be of sufficient strength and type to prevent the undetectable separation or delamination of the card. For banded tickets, the glue must be of sufficient strength and quality to prevent the separation of the band from the ticket.

6. The following minimum information shall be printed on a card:

a. Break open pull-tab and instant bingo cards:

(1) Name of the manufacturer or its distinctive logo;

(2) Name of the game;

(3) Manufacturer's form number;

(4) Price per individual card or bundle;

(5) Unique minimum five-digit game serial number printed on the game information side of the card; and

(6) Number of winners and respective winning number or symbols and specific prize amounts unless accompanied by a manufacturer's preprinted publicly posted flare with that information.

b. Banded pull-tabs:

(1) Manufacturer;

(2) Serial number;

(3) Price per individual card or bundle unless accompanied by a manufacturer's preprinted publicly posted flare with that information; and

(4) Number of winners and respective winning numbers or symbols and prize amounts or a manufacturer's preprinted publicly posted flare giving that information.

7. All seal card games sold to organizations shall contain the sign-up sheet, seals, and cards packaged together in each deal.

C. Raffle tickets used independent of a session must conform to the following construction standards:

1. Each ticket shall have a detachable section and shall be consecutively numbered.

2. Each section of a ticket shall bear the same number. The section retained by the organization shall provide space for the purchaser's name, complete address, and telephone number.

3. The following information shall be printed on the purchaser's section of each ticket:

a. Dates and times of drawings;

b. Locations of the drawings;

c. Name of the charitable organization conducting the raffle;

d. Price of the ticket;

e. Charitable gaming permit number; and

f. Prizes.

Exceptions to these construction standards are allowed only with prior written approval from the department.

D. Electronic bingo.

1. The department, at its discretion, may require additional testing of electronic bingo devices at any time. Such additional testing shall be at the manufacturer's expense and shall be a condition of the continued use of such device.

2. All electronic bingo devices shall use proprietary software and hardware or commonly available software and hardware and shall be enabled for play on the premises where the game is to be played.

3. Each electronic bingo device shall have a unique identification number securely encoded into the software of the device. The unique identification number shall not be alterable by anyone other than the manufacturer of the electronic bingo device. Manufacturers of electronic bingo devices shall employ sufficient security safeguards in designing and manufacturing the devices such that it may be verified that all proprietary software components are authentic copies of the approved software components and all functioning components of the device are operating with identical copies of approved software programs. The electronic bingo device must also have sufficient security safeguards so that any restrictions or requirements authorized by the department or any approved proprietary software are protected from alteration by unauthorized personnel. The electronic bingo device shall not contain hard-coded or unchangeable passwords. Security measures that may be employed to comply with these provisions include the use of dongles, digital signature comparison hardware and software, secure boot loaders, encryption, and key and callback password systems.

4. A firewall or equivalent hardware device configured to block all inbound and outbound traffic that has not been expressly permitted and is not required for the continued use of the electronic bingo system must exist between the electronic bingo system and any external point of access.

5. Electronic bingo devices shall not allow a player to create a card by the input of specific numbers on each card. Manufacturers shall ensure that an electronic bingo device does not allow for the play of any bingo card faces other than those verifiably purchased by the patron.

6. Electronic bingo devices shall not accept cash, currency, or tokens for play.

7. Electronic bingo devices shall require the manual entry of numbers as they are called, the manual verification of numbers as they have been electronically transmitted to the device, or the full automatic daubing of numbers as each number is called. During the play of a bingo game, the transmission of data to electronic bingo devices shall be limited to one-way communication to the electronic bingo device and shall consist only of publicly available information regarding the current game.

8. A device shall not allow the play of more than 54 cards per device per game.

9. The electronic bingo device system shall record a sequential transaction number or audit tracking number for each transaction. The system shall not allow the manual resetting or changing of this number.

10. The system shall produce a receipt for each electronic bingo device rented or otherwise provided containing the following:

a. Organization name;

b. Location of bingo game;

c. Date and time of the transaction;

d. Sequential transaction or receipt number;

e. Description of each electronic bingo product loaded. The description must include the quantity of bingo card faces that appear on each electronic bingo product (i.e., 9 Jackpot) and the sales price of each electronic bingo product;

f. Quantity of each electronic bingo product loaded; and

g. Total sales price of the transaction.

11. The system shall maintain and make available on demand a summary report for each session that includes the following:

a. Organization name;

b. Location of bingo game;

c. Date and time of each transaction;

d. Sequential transaction or receipt number of each transaction;

e. Description of each electronic bingo product loaded each session. The description must include the quantity of bingo card faces that appear on each electronic bingo product and the sales price of each electronic bingo product;

f. Quantity of each electronic bingo product loaded;

g. Total sales price of each electronic bingo product loaded;

h. Total sales price for each transaction;

i. A transaction history correlating the sequential transaction number of each electronic bingo device sale to the unique identification number of the electronic bingo device on which the sale was played;

j. Sufficient information to identify voids and returns, including the date and time of each voided transaction and return, the sequential transaction number, and the cost of voided transactions and returns; and

k. Total gross receipts for each session.

12. Each electronic bingo device shall be programmed to automatically erase all stored electronic bingo cards at the end of the last game of a session, within a set time from their rental to a player, or by some other clearance method approved by the department.

13. All electronic bingo devices shall be reloaded with another set of electronic bingo cards at the beginning of each session if the devices are to be reused at the same location.

E. In instances where a defect in packaging or in the construction of deals or electronic bingo devices is discovered by or reported to the department, the department shall notify the manufacturer of the deals or electronic bingo devices containing the alleged defect. Should the department, in consultation with the manufacturer, determine that a defect exists and should the department determine that the defect affects game security or otherwise threatens public confidence in the game, the department may, with respect to deals or electronic bingo devices for use still located within the Commonwealth of Virginia, require the supplier to:

1. Recall the deals or electronic bingo devices affected that have not been sold or otherwise provided; or

2. Issue a total recall of all affected deals or electronic bingo devices.

F. No supplier shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use an instant bingo, pull-tab, or seal card dispenser unless the dispenser conforms to the following standards:

1. Each dispenser shall be manufactured in a manner that ensures a pull-tab ticket is dispensed only after insertion of United States currency or coinage into the dispenser. Such tickets and any change due shall be the only items dispensed from the machine.

2. Each dispenser shall be manufactured in a manner that ensures the dispenser neither displays nor has the capability of displaying or otherwise identifying an instant bingo, pull-tab, or seal card winning or nonwinning ticket.

3. Each dispenser shall be manufactured in such a manner that any visual animation does not simulate or display rolling or spinning reels or produce audible music or enhanced sound effects.

4. Each dispenser shall be equipped with separate locks for the instant bingo, pull-tab, or seal card supply modules and money boxes. Locks shall be configured so that no one key will operate both the supply modules and money boxes.

G. The department may require testing of a dispensing device at any time to ensure that it meets construction standards and allows for fair play. Such tests shall be conducted at the cost of the manufacturer of such dispensing devices.

H. The face value of the instant bingo, pull-tab, or seal cards being dispensed shall match the amount deposited in the currency acceptor or coin acceptor less change provided.

I. A dispensing device shall only dispense instant bingo, pull-tab, or seal cards that conform to the construction standards established in subsection B of this section and the randomization standards established in 11VAC20-20-150.

J. Suppliers and manufacturers of instant bingo, pull-tab, or seal card dispensers shall comply with the requirements of the Gambling Devices Act of 1962 (15 USC §§ 1171 through 1178).

11VAC20-20-150. Instant bingo, pull-tabs, or seal card randomization standards.

All instant bingo, pull-tabs, or seal cards shall meet the following randomization standards:

1. Deals shall be assembled so that winning tickets are placed throughout each deal.

2. Deals shall be assembled and packaged in a manner that prevents isolation of winning cards due to variations in printing, graphics, colors, sizes, appearances of cut edges, or other markings of cards.

3. Winning cards shall be distributed and mixed among all other cards in a deal so as to eliminate any pattern between deals or portions of deals from which the location or approximate location of any winning card may be determined.

11VAC20-20-160. Electronic random number generator standards.

A. Electronic random number generators shall not be sold, leased, or otherwise furnished to an organization for use in the conduct of bingo until an identical sample device containing identical proprietary software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The cost of testing shall be borne by the manufacturer of such equipment.

B. An electronic random number generator used in the conduct of bingo shall produce output that is statistically random.

1. Numbers produced by an electronic random number generator used in the conduct of bingo shall be statistically random individually and in the permutations and combinations used in the application under the rules of the game.

2. Numbers produced by an electronic random number generator used in the conduct of bingo shall pass the statistical tests for randomness to a 99% confidence level. Statistical tests for randomness may include:

a. Chi-square test;

b. Equi-distribution (frequency) test;

c. Gap test;

d. Poker test;

e. Coupon collector's test;

f. Permutation test;

g. Run test (patterns of occurrences shall not be recurrent);

h. Spectral test;

i. Serial correlation test potency and degree of serial correlation (outcomes shall be independent from the previous game); and

j. Test on subsequences.

C. An electronic random number generator used in the conduct of bingo shall produce output that is unpredictable.

1. It shall not be feasible to predict future outputs of a random number generator even if the algorithm and the past sequence of outputs are known.

2. Unpredictability shall be ensured by reseeding or by continuously cycling the random number generator and by a sufficient number or random number generator states for the applications supported.

3. Reseeding may be used where the reseeding input is at least as statistically random as and independent of the output of the random number generator being reseeded.

D. An electronic random number generator used in the conduct of bingo shall produce output that is nonrepeating. A random number generator shall not be initialized to reproduce the same output stream that it has produced before nor shall any two instances of a random number generator produce the same stream as each other.

E. Software that calls an electronic random number generator used in the conduct of bingo to derive game outcome events shall immediately use the output returned in accordance with the game rules.

F. The outputs of an electronic random number generator used in the conduct of bingo shall not be arbitrarily discarded or selected.

G. Where a sequence of outputs is required, the whole of the sequence in the order generated shall be used in accordance with the game rules.

H. An electronic random number generator used in the conduct of bingo that provides output scaled to given ranges shall:

1. Be independent and uniform over the range;

2. Provide numbers scaled to the ranges required by game rules and, notwithstanding the requirements of subdivision 3 of this subsection, may discard numbers that do not map uniformly onto the required range but shall use the first number in sequence that does map correctly to the range; and

3. Be capable of producing every possible outcome of a game according to its rules and use an unbiased algorithm. A scaling algorithm is considered to be unbiased if the measured bias is no greater than one in 100 million.

I. An electronic random number generator that an organization is using to conduct bingo prior to November 7, 2012, is not required to be certified.

Part IV

Electronic Distributed Pull-Tab Systems

Article 1

Electronic Gaming Manufacturers

11VAC20-20-170. Manufacturers of electronic gaming devices: application, qualifications, suspension, revocation, or refusal to renew permit.

A. As used in this section, "manufacturer" means an "electronic gaming manufacturer" as defined in § 18.2-340.16 of the Code of Virginia.

B. Prior to providing any electronic gaming device or distributed pull-tab system, a manufacturer shall submit an application on a form prescribed by the department and receive a permit. A $1,000 application fee payable to the Treasurer of Virginia is required. In addition, a manufacturer must be authorized to conduct business in the Commonwealth of Virginia, which may include registration with the State Corporation Commission, the Department of Taxation, and the Virginia Employment Commission. The actual cost of background investigations for a permit may be billed by the department to an applicant.

C. The department may refuse to issue a permit or may suspend or revoke a permit if an officer, director, employee, agent, or owner:

1. Is operating without a valid license, permit, or certificate as a supplier, network bingo provider, or manufacturer in any state in the United States;

2. Fails or refuses to recall a product as directed by the department;

3. Conducts business with unauthorized entities or is not authorized to conduct business in the Commonwealth of Virginia;

4. Has been convicted of or pleaded nolo contendere to any crime as specified by § 18.2-340.34 B of the Code of Virginia; has had any license, permit, certificate, or other authority related to activities defined as charitable gaming in the Commonwealth suspended or revoked in the Commonwealth or in any other jurisdiction; has failed to file or has been delinquent in excess of one year in the filing of any tax returns or the payment of any taxes due the Commonwealth; or has failed to establish a registered office or registered agent in the Commonwealth if so required by § 13.1-634 or 13.1-763 of the Code of Virginia. As this provision relates to employees or agents, it shall only apply to individuals involved in sales to or solicitations of customers in the Commonwealth of Virginia;

5. Fails to notify the department within 20 days of the occurrence, knowledge, or receipt of the filing of any administrative or legal action relating to charitable gaming or the distribution of a distributed pull-tab system involving or concerning the manufacturer, any officers or directors, employees, agent, or owner during the term of its permit;

6. Fails to provide to the department upon request a current Letter for Company Registration on file with the U.S. Department of Justice if required in accordance with the Gambling Devices Act of 1962 (15 USC §§ 1171 through 1178) for any device that it distributes in the Commonwealth of Virginia;

7. Has been engaged in conduct that would compromise the department's objective of maintaining the highest level of integrity in charitable gaming; or

8. Violates any provision of the Charitable Gaming Law or regulation adopted pursuant thereto.

D. Before denying, suspending, or revoking a manufacturer's permit, the department shall give the manufacturer a statement documenting the grounds for such action and an opportunity for a hearing as outlined in Part VI (11VAC20-20-600 et seq.) of this chapter.

E. A manufacturer shall not distribute a distributed pull-tab system for use by anyone in the Commonwealth of Virginia other than to an authorized social organization, qualified organization operating and conducting electronic gaming in accordance with the Charitable Gaming Law and regulations established thereto or a permitted supplier.

All such distributions shall be documented pursuant to subsection I of this section and reported to the department pursuant to subsection K of this section.

F. No manufacturer of a distributed pull-tab system, the manufacturer's agent, or the manufacturer's employee shall be involved in the management, operation, or conduct of charitable gaming in the Commonwealth of Virginia. No member of a manufacturer's immediate family or person residing in the same household as a manufacturer may be involved in the management, operation, or conduct of charitable gaming of any customer of the manufacturer in the Commonwealth of Virginia. No manufacturer of a distributed pull-tab system, the manufacturer's agent, or the manufacturer's employee may participate in any charitable gaming of any customer of the manufacturer in the Commonwealth of Virginia. For the purposes of this chapter, servicing a distributed pull-tab system shall not be considered conduct or participation.

G. The department shall conduct a background investigation prior to the issuance of a permit to any manufacturer. The investigation may include the following:

1. A search of criminal history records on all officers, directors, and owners;

2. Verification of current compliance with Commonwealth of Virginia tax laws; and

3. Verification of current compliance with Virginia gaming laws or the gaming laws of any other state.

If the officers, directors, or owners are domiciled outside of the Commonwealth of Virginia or have resided in the Commonwealth of Virginia for fewer than five years, a criminal history search conducted by the appropriate authority in any state in which the officers, directors, or owners have resided during the previous five years shall be provided by the applicant.

H. Appropriate information and authorizations shall be provided to the department to verify information cited in subsection F of this section.

I. Manufacturers shall document each distribution of a distributed pull-tab system to any person for use in the Commonwealth of Virginia on an invoice that reflects the following:

1. Name, address, and organization number of the organization or supplier;

2. Date of sale or rental and location where the distributed pull-tab system is shipped or delivered if different from the billing address;

3. Name, form number, and serial number of each deal of electronic gaming;

4. Quantity of deals sold, the cost per deal, the selling price per card, the cash take-in per deal, and the cash payout per deal;

5. Serial number of each electronic gaming device, a description of the physical attributes of the electronic gaming device, the quantity of electronic gaming devices sold or rented, and the physical address to which each electronic gaming device is shipped or delivered; [ and ]

6. Serial number and description of any other equipment sold or rented that is used to facilitate the distribution, play, and redemption of electronic gaming and the physical address to which the equipment is shipped or delivered [ ; and

7. For electronic gaming, the gross receipts or ticket sales, prizes paid out, electronic gaming adjusted gross receipts, cost of the use of the distributed pull-tab system, rebates, discounts, refunds, and any other information deemed necessary by the department ].

J. Manufacturers shall ensure that two copies of the detailed invoice are provided to the customer for each distribution of a distributed pull-tab system.

K. Each manufacturer shall provide a report to the department by March 1 of each year on the distribution of a distributed pull-tab system for the fiscal year ending December 31 of the previous year to each organization and permitted supplier in the Commonwealth of Virginia. This report shall be provided to the department via a department-approved electronic medium. The report shall include the name, address, and organization number of each organization and permitted supplier and the following information for each sale or transaction:

1. Deals of electronic games, including purchase price, deal name, deal form number, quantity of electronic gaming in deal, electronic pull-tab price, cash take-in per deal, cash payout per deal, and quantity of deals;

2. Equipment used to facilitate the distribution, play, and redemption of electronic games, including purchase or rental price, description of equipment, quantity of units of each type of equipment, and the physical address to which the equipment is shipped or delivered; and

3. Complete record of all electronic gaming adjusted gross receipts, itemized by organization.

L. A manufacturer that fails to file the annual sales report in accordance with subsection J of this section shall be subject to a penalty of $25 per day for each day following the report's due date until such time as the report is filed.

M. A manufacturer, a manufacturer's agents and employees, members of a manufacturer's immediate family, or persons residing in a manufacturer's household shall not make any loan directly or indirectly to any organization or officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming of the manufacturer's customer located in the Commonwealth of Virginia.

N. A manufacturer, a manufacturer's agent, or a manufacturer's employee shall not directly or indirectly provide a rebate, discount, or refund to any person other than an organization that purchases, rents, or leases a distributed pull-tab system from the manufacturer. All such transactions shall be recorded on the manufacturer's account books [ and invoices provided to the organization ].

O. A written agreement specifying the terms of lease or rental shall be required for any equipment used to distribute, play, or redeem electronic gaming provided to an organization or permitted supplier.

P. A manufacturer shall notify the department when an electronic gaming device bearing a device tag affixed by the department is moved from one location to any other location.

Article 2

General Requirements

11VAC20-20-180. Approval of distributed pull-tab systems, validation systems, point-of-sale stations, and redemption terminals; approval of game themes and sounds.

A. The department shall set manufacturing and testing criteria for all distributed pull-tab systems, validation systems, point-of-sale stations, redemption terminals, and other equipment used in the conduct of charitable gaming. A distributed pull-tab system, validation system, point-of-sale station, redemption terminal, or other equipment shall not be sold, leased, or otherwise furnished to any person in the Commonwealth of Virginia for use in the conduct of charitable gaming until an identical sample system or equipment containing identical software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The testing facility must certify that the distributed pull-tab system and associated hardware and software conform, at a minimum, to the requirements set forth in this chapter. Once the testing facility reports the test results to the department, the department will either approve or disapprove the distributed pull-tab system or system components and inform the manufacturer of the results. If any such system or equipment does not meet the department's criteria, it shall be recalled and shall not be distributed in the Commonwealth of Virginia. The cost of testing shall be borne by the manufacturer of such equipment.

B. No supplier or manufacturer shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use a distributed pull-tab system, validation system, point-of- sale station, redemption terminal, or other equipment used to conduct charitable gaming unless it conforms to the requirements set forth in this chapter.

C. If a defect in a distributed pull-tab system, validation system, point-of-sale station, redemption terminal, or other equipment used to conduct charitable gaming is discovered by or reported to the department, the department shall notify the manufacturer of the system or equipment containing the alleged defect. Should the department, in consultation with the manufacturer, determine that a defect exists and should the department determine the defect affects game security or otherwise threatens public confidence in the game, the department may, with respect to any distributed pull-tab system, validation system, point of sale station, redemption terminal, or other equipment used to conduct charitable gaming still located within the Commonwealth of Virginia, require the supplier or manufacturer to issue a recall of all affected distributed pull-tab systems, validation systems, point-of-sale stations, redemption terminals, or other equipment.

D. All game themes, sounds, and music shall be approved by the department prior to being available for play on an electronic gaming device in the Commonwealth of Virginia.

E. All distributed pull-tab systems and electronic gaming devices, including the device's internal system and records, shall be fully accessible to the department at all times upon request.

Article 3

System Requirements

11VAC20-20-190. Distributed pull-tab system.

A distributed pull-tab system shall be dedicated primarily to electronic accounting, reporting, and the presentation, randomization, and transmission of electronic gaming to the electronic gaming devices. It shall also be capable of generating the data necessary to provide the reports required within this article or otherwise specified by the department.

11VAC20-20-200. Dispensing of electronic pull-tabs.

A distributed pull-tab system shall dispense, upon request, an electronic pull-tab. All games must be played without replacement, drawing from a single finite game set.

11VAC20-20-210. Game set requirements.

Each game set shall meet the following minimum requirements:

1. Each game set shall be made up of a finite number of electronic pull-tabs;

2. The game set shall consist of a maximum of 25,000 electronic pull-tabs;

3. All electronic pull-tabs in a particular game set shall be of the same purchase price;

4. The maximum win amount awarded per any one electronic pull-tab shall not exceed the value set forth for pull-tabs by § 18.2-340.33 of the Code of Virginia;

5. Each game set shall be assigned a unique serial number;

6. After randomization, game sets may be broken into subsets of equal size. If game subsets are used, they shall each be assigned a unique serial number and be traceable to a parent game set; and

7. Game sets shall not be commingled.

11VAC20-20-220. Game set definition.

If the system has the capability to create a game set from a predefined set of criteria, the criteria must contain the following information:

1. Game identification;

2. Game set version;

3. Manufacturer;

4. Game name;

5. Paytable identification;

6. Purchase price per electronic pull-tab;

7. Subset size;

8. Total number of subsets; and

9. Prize values with an associated index and frequency.

11VAC20-20-230. Data required to be available for each game set.

A. The following data shall be available prior to the opening of a game set for distribution and shall be maintained and be viewable both electronically and, if requested, by printed report, upon demand:

1. A unique serial number identifying each game set or subset;

2. A description of the game set sufficient to categorize the game set or subset relative to other game sets;

3. The total number of electronic pull-tabs in the game set;

4. The number of game subsets to be created from the game set and the number of electronic pull-tabs in each subset when applicable;

5. The payout percentage of the entire game set;

6. The purchase price per electronic pull-tab assigned to the game set; and

7. Prize values with an associated index and frequency.

B. The following data shall be available subsequent to the completion of a game set and shall be maintained and viewable both electronically and, if requested, by printed report, upon demand:

1. A unique serial number identifying each game set or subset;

2. Description of the game set sufficient to categorize the game set relative to other game sets;

3. The total number of electronic pull-tabs unsold;

4. The total number of electronic pull-tabs purchased;

5. The time and date that the game set or each game subset became available for play;

6. The time and date that the game set or each game subset was completed or removed from play;

7. Location where game set or subset was played;

8. The final payout percentage of the game set when removed from play; and

9. The purchase price per electronic pull-tab assigned to the game set.

C. In order to provide maximum game integrity, no audit or other determination of the status of any game set or any subset, including a determination of the prizes won or prizes remaining to be won, shall be conducted by anyone while a game set or subset is in play without causing termination of the entire game set or subset. Only upon game set termination shall the details of the associated game set and subsets be revealed to the individual performing the audit.

D. Once terminated, a game set shall not be able to be reopened.

11VAC20-20-240. Security requirements.

A. A distributed pull-tab system computer must be in a locked, secure enclosure with key controls in place.

B. A distributed pull-tab system shall provide a means for terminating the game set if information about electronic pull-tabs in an open game set has been accessed or at the discretion of the department. In such cases, traceability of unauthorized access, including time and date, users involved, and any other relevant information shall be available.

C. A distributed pull-tab system shall not permit the alteration of any accounting or significant event information that was communicated from the electronic gaming device without supervised access controls. In the event financial data is changed, an automated audit log must be capable of being produced to document the following:

1. Data element altered;

2. Data element value prior to alteration;

3. Data element value after alteration;

4. Time and date of alteration; and

5. Personnel that performed alteration.

D. A distributed pull-tab system must provide password security or other secure means of ensuring data integrity and enforcing user permissions for all system components through the following means:

1. All programs and data files must only be accessible via the entry of a password that will be known only to authorized personnel;

2. The distributed pull-tab system must have multiple security access levels to control and restrict different classes;

3. The distributed pull-tab system access accounts must be unique when assigned to the authorized personnel and shared accounts amongst authorized personnel must not be allowed;

4. The storage of passwords and personal identification numbers must be in an encrypted, nonreversible form; and

5. A program or report must be available that will list all registered users on the distributed pull-tab system, including the registered user's privilege level.

E. All components of a distributed pull-tab system that allow access to users, other than end- users for game play, must have a password sign-on with two-level codes comprising the personal identification code and a personal password.

1. The personal identification code must have a length of at least six American Standard Code for Information Interchange (ASCII) characters; and

2. The personal password must have a minimum length of six alphanumeric characters, which should include at least one nonalphabetic character.

F. A distributed pull-tab system must have the capability to control potential data corruption that can be created by multiple simultaneous log-ons by system management personnel.

1. A distributed pull-tab system shall specify which of the access levels allow for multiple simultaneous sign-ons by different users and which of the access levels do not allow for multiple sign-ons, and if multiple sign-ons are possible, what restrictions, if any, exist; or

2. If a distributed pull-tab system does not provide adequate control, a comprehensive procedural control document must be drafted for the department's review and approval.

G. Distributed pull-tab system software components or modules shall be verifiable by a secure means at the system level. A distributed pull-tab system shall have the ability to allow for an independent integrity check of the components or modules from an outside source, and an independent integrity check is required for all control programs that may affect the integrity of the distributed pull-tab system. This must be accomplished by being authenticated by a third-party device, which may be embedded within the distributed pull-tab system software or having an interface or procedure for a third-party application to authenticate the component. This integrity check will provide a means for field verification of the distributed pull-tab system components.

H. A distributed pull-tab system may be used to configure and perform security checks on electronic gaming devices, provided such functions do not affect the security, integrity, or outcome of any game and meets the requirements set forth in this chapter regarding program storage devices.

11VAC20-20-250. Backup and recovery.

A. A distributed pull-tab system computer shall have a separate physical medium for securely storing game sets or subsets on the computer, which shall be mirrored in real time by a backup medium.

B. All data required to be available or reported by this chapter must be retained for a period of not less than three years from the close of the fiscal year.

C. All storage of critical data shall utilize error checking and be stored on a nonvolatile physical medium.

D. The database shall be stored on redundant media so that no single failure of any portion of the system would result in the loss or corruption of data.

E. In the event of a catastrophic failure when the distributed pull-tab system cannot be restarted in any other way, it shall be possible to reload the distributed pull-tab system from the last viable backup point and fully recover the contents of that backup, to consist of at least the following information:

1. All significant events;

2. All accounting information;

3. Auditing information, including all open game sets and the summary of completed game sets; and

4. Employee files with access levels.

11VAC20-20-260. Electronic accounting and reporting.

A. One or more electronic accounting systems shall be required to perform reporting and other functions in support of distributed pull-tab systems. The electronic accounting system shall not interfere with the outcome of any gaming function.

B. The following reporting capabilities must be provided by the electronic accounting system:

1. Electronic pull-tab game set report – game sets in play. An electronic pull-tab game set report must be available on demand for each game set currently in play. Game cards, outcomes, or prizes must not be revealed. The report must contain the following information:

a. A unique serial number identifying each game set or subset;

b. A description of the game set sufficient to categorize the game set or subset relative to other game sets;

c. The total number of electronic pull-tabs in the game set;

d. The number of game subsets to be created from the game set and the number of electronic pull-tabs in each subset when applicable;

e. The theoretical payout percentage of the entire game set;

f. The purchase price per electronic pull-tab assigned to the game set;

g. The time and date that the game set or each game subset became available for play; and

h. The location where the game set or subset is being played.

2. Electronic pull-tab game set report – completed game set. An electronic pull-tab game set report must be available on demand, for each completed game set. The report must contain the following information:

a. A unique serial number identifying each game set or subset;

b. Description of the game set sufficient to categorize the game set relative to other game sets;

c. The total number of electronic pull-tabs unsold;

d. The total number of electronic pull-tabs purchased;

e. The time and date that the game set or each game subset became available for play;

f. The time and date that the game set or each game subset was completed or removed from play;

g. The location where game set or subset was played;

h. The final payout percentage of the game set when removed from play; and

i. The purchase price per electronic pull-tab assigned to the game set.

3. A report that shall indicate all prizes that exceed the threshold that triggers additional procedures to be followed for the purpose of compliance with federal tax reporting requirements. At a minimum, on a daily and monthly basis, the report shall provide the following information per electronic gaming device:

a. The date and time won;

b. The location of prize award; and

c. The amount of each prize occurrence.

4. Liability report. A liability report shall provide a summary of the outstanding funds that carry from business day to business day. At a minimum, this report shall include:

a. Amount of prizes or vouchers that were awarded in dollars and cents, but have not yet been claimed that have not yet expired; and

b. Summary of all outstanding accounts.

C. A distributed pull-tab system shall be capable of providing an electronic file in a format specified by the department on a periodic basis to a location specified by the department. The data to be reported will contain, at a minimum, the following items per session:

1. Organization information;

2. Session date;

3. Total cash in;

4. Total cash out;

5. Total cash played;

6. Total cash won;

7. For all game sets on the system in play or in inventory:

a. Serial number;

b. Description;

c. Ticket price;

d. Number of subsets if applicable;

e. Number of tickets or number of tickets per subset;

f. Theoretical return percentage; and

g. Date game set was opened for play, when applicable; and

8. For all game sets completed or close since the previous reporting date:

a. Serial number;

b. Description;

c. Ticket price;

d. Number of subsets, if applicable;

e. Number of tickets or number of tickets per subset;

f. Theoretical return percentage;

g. Date game set was opened;

h. Date game set was closed;

i. Total tickets sold;

j. Total dollars in;

k. Total prizes paid; and

l. Actual return percentage.

11VAC20-20-270. Randomization.

A. As used in this section, unless the context requires a different meaning:

"Card position" means the first card dealt, second card dealt in sequential order.

"Number position" means the first number drawn in sequential order.

B. A distributed pull-tab system shall utilize randomizing procedures in the creation of game sets for electronic pull-tabs or externally generated randomized game sets that have been created using a method previously approved by the department.

C. Any random number generation, shuffling, or randomization of outcomes used in connection with a distributed pull-tab system must be by use of a random number generation application that has successfully passed standard tests for randomness and unpredictability including:

1. Each card position or number position satisfies the 99% confidence limit using the standard chi-squared analysis. "Chi-squared analysis" is the sum of the ratio of the square difference between the expected result and the observed result to the expected result.

2. Each card position or number position does not produce a significant statistic with regard to producing patterns of occurrences. Each card position or number position will be considered random if it meets the 99% confidence level with regard to the "run test" or any similar pattern testing statistic. The "run test" is a mathematical statistic that determines the existence of recurring patterns within a set of data.

3. Each card position or number position is independently chosen without regard to any other card or number drawn within that game play. This test is the "correlation test." Each pair of card positions or number positions is considered random if it meets the 99% confidence level using standard correlation analysis.

4. Each card position or number position is independently chosen without reference to the same card position or number position in the previous game. This test is the "serial correlation test." Each card position or number position is considered random if it meets the 99% confidence level using standard serial correlation analysis.

11VAC20-20-280. Communications and network requirements.

A. Where the distributed pull-tab system components are linked with one another in a network, communication protocols shall be used that ensure that erroneous data or signals will not adversely affect the operations of any such system components.

B. All data communication shall incorporate an error detection and correction scheme to ensure the data is transmitted and received accurately.

C. Connections between all components of the distributed pull-tab system shall only be through the use of secure communication protocols that are designed to prevent unauthorized access or tampering, employing Advanced Encryption Standard (AES) or equivalent encryption.

D. A firewall or equivalent hardware device configured to block all inbound and outbound traffic that has not been expressly permitted and is not required for continued use of the distributed pull-tab system must exist between the distributed pull-tab system and any external point of access.

E. The minimum width (size) for encryption keys is 112 bits for symmetric algorithms and 1024 bits for public keys.

F. There must be a secure method implemented for changing the current encryption key set. It is not acceptable to only use the current key set to "encrypt" the next set.

G. There must be a secure method in place for the storage of any encryption keys. Encryption keys must not be stored without being encrypted themselves.

H. If a wireless network is used, wireless products used in conjunction with any gaming system or system component must meet the following minimum standards:

1. Employ a security process that complies with the Federal Information Processing Standard 140-2 (FIPS 140-2); or

2. Employ an alternative method, as approved by the department.

11VAC20-20-290. Significant events.

The following significant events, if applicable, shall be collected from the electronic gaming device or point of sale and communicated to the system for storage and a report of the occurrence of the significant event must be made available upon request:

1. Power resets or power failure.

2. Communication loss between an electronic gaming device and any component of the distributed pull-tab system.

3. Electronic gaming device jackpot (any award in excess of the single win limit of the electronic gaming device).

4. Door openings (any external door that accesses a critical area of the electronic gaming device).

5. Bill validator errors:

a. Stacker full (if supported); and

b. Bill jam.

6. Printer errors:

a. Printer empty; and

b. Printer disconnect or failure.

7. Corruption of the electronic gaming device RAM or program storage device.

8. Any other significant events as defined by the protocol employed by the distributed pull-tab system.

11VAC20-20-300. Validation system and redemption.

A distributed pull-tab system may utilize a voucher validation system to facilitate gaming transactions. The validation system may be entirely integrated into a distributed pull-tab system or exist as a separate entity.

1. A distributed pull-tab system may allow voucher out only; vouchers shall not be inserted, scanned, or used in any way at the electronic gaming device for redemption.

2. The validation system must process voucher redemption correctly according to the secure communication protocol implemented.

3. The algorithm or method used by the validation system or distributed pull-tab system to generate the voucher validation numbers must guarantee an insignificant percentage of repetitive validation numbers.

4. The validation system must retrieve the voucher information correctly based on the secure communication protocol implemented and store the voucher information in a database. The voucher record on the host system must contain, at a minimum, the following voucher information:

a. Validation number;

b. Date and time the electronic gaming device printed the voucher;

c. Value of voucher in dollars and cents;

d. Status of voucher;

e. Date and time the voucher will expire;

f. Serial number of electronic gaming device; and

g. Location name or site identifier.

5. The validation system or distributed pull-tab system must have the ability to identify the following occurrences and notify the cashier when the following conditions exist:

a. Voucher cannot be found on file;

b. Voucher has already been paid; or

c. Amount of the voucher differs from the amount on file (requirement may be met by display of voucher amount for confirmation by cashier during the redemption process).

6. If the connection between the validation system and the distributed pull-tab system fails, an alternate method or procedure of payment must be available and shall include the ability to identify duplicate vouchers and prevent fraud by redeeming vouchers that were previously issued by the electronic gaming device.

7. The following reports related to vouchers shall be generated on demand:

a. Voucher Issuance Report shall be available from the validation system that shows all vouchers generated by an electronic gaming device; and

b. Voucher Redemption Report shall detail individual vouchers and the sum of the vouchers paid by the validation terminal or point of sale by session and shall include the following information:

(1) The date and time of the transaction;

(2) The dollar value of the transaction;

(3) The validation number;

(4) A transaction number; and

(5) The point-of-sale identification number or name.

8. The validation system database must be encrypted and password protected and should possess an unalterable user audit trail to prevent unauthorized access.

9. The normal operation of any device that holds voucher information shall not have any options or method that may compromise voucher information. Any device that holds voucher information in its memory shall not allow removal of the information unless it has first transferred that information to the ticketing database or other secured component of the validation system.

11VAC20-20-310. Point of sale; validation terminal.

A. A distributed pull-tab system may utilize a point-of-sale or validation terminal that is capable of facilitating the sale of the organization's pull tab outcomes or used for the redemption of credits from player accounts or vouchers. The point of sale may be entirely integrated into a distributed pull-tab system or exist as a separate entity.

B. Point-of-sale use is only permissible when the device is linked to an approved validation system or distributed pull-tab system.

C. If a distributed pull-tab system utilizes a point of sale, it shall be capable of printing a receipt for each sale, void, or redemption. The receipt shall contain the following information:

1. Date and time of the transaction;

2. Dollar value of the transaction;

3. Validation number, if applicable;

4. Quantity of associated products, if applicable;

5. Transaction number;

6. Account number, if applicable; and

7. Point-of-sale identification number or name.

D. The following point-of-sale or validation terminal reports shall be generated on demand:

1. Sales transaction history report shall show all sales and voids by session and include the following information:

a. Date and time of the transaction;

b. Dollar value of the transaction;

c. Quantity of associated products;

d. Transaction number; and

e. Point of sale identification number or name.

2. Voucher redemption report shall detail individual voucher redemptions paid by the validation terminal or point of sale by session and include the following information:

a. Date and time of the transaction;

b. Dollar value of the transaction;

c. Validation number;

d. Transaction number; and

e. Point of sale identification number or name.

11VAC20-20-320. Location of equipment.

All equipment used to facilitate the distribution, play, or redemption of electronic games must be physically located within the boundaries of the Commonwealth of Virginia. This includes the distributed pull-tab system, electronic gaming devices, redemption terminals, and point-of-sale stations.

Article 4

Electronic Gaming Devices

11VAC20-20-330. Electronic gaming device general requirements.

A. Each electronic gaming device shall bear a tamper evident seal and individual serial number affixed by the department.

B. An electronic gaming device shall only be used for electronic gaming.

C. In addition to a video monitor or touch screen, each electronic gaming device may have one or more of the following: a bill acceptor, printer, and electromechanical buttons for activating the game and providing player input, including a means for the player to make selections and choices in games.

D. For each electronic gaming device, there shall be located anywhere within the distributed pull-tab system, nonvolatile memory or its equivalent. The memory shall be maintained in a secure location for the purpose of storing and preserving a set of critical data that has been error checked in accordance with the critical memory requirements of this chapter.

E. An electronic gaming device shall not have any switches, jumpers, wire posts, or other means of manipulation that could affect the operation or outcome of a game. The electronic gaming device may not have any functions or parameters adjustable through any separate video display or input codes except for the adjustment of features that are wholly cosmetic.

F. An electronic gaming device shall not have any of the following attributes: spinning or mechanical reels, pull handle, sounds or music solely intended to entice a player to play, flashing lights, tower light, top box, coin tray, ticket acceptance, hopper, coin acceptor, enhanced animation, cabinet or payglass artwork, or any other attribute identified by the department.

G. An electronic gaming device shall be robust enough to withstand forced illegal entry that would leave behind physical evidence of the attempted entry or such entry that causes an error code that is displayed and transmitted to the distributed pull-tab system. Any such entry attempt shall inhibit game play until cleared and shall not affect the subsequent play or any other play, prize, or aspect of the game.

H. The [ number quantity ] of electronic gaming devices present at a social organization's location at which electronic gaming is operated and conducted shall not exceed the number authorized by the department for such location.

11VAC20-20-340. Cabinet wiring.

A. Proof of Underwriter Laboratories (UL) or equivalent certification shall be required for all submitted electronic devices.

B. An electronic gaming device shall be designed so that power and data cables into and out of the electronic gaming device can be routed so that the cables are not accessible to the general public.

11VAC20-20-350. Electronic gaming device identification.

An electronic gaming device shall have a permanently affixed device [ tag identifier ] that cannot be removed without leaving evidence of tampering. This device [ tag identifier ] shall be affixed to the exterior of the electronic gaming device and shall include the following information:

1. The manufacturer name;

2. A unique serial number;

3. The electronic gaming device model number;

4. The date of manufacture; and

5. Any other information required by the department.

11VAC20-20-360. Doors; compartments.

A. If an electronic gaming device possesses an external door that allows access to the interior of the machine the following rules shall apply:

1. Doors and their associated hinges shall be capable of withstanding determined illegal efforts to gain access to the inside of the electronic gaming device and shall leave evidence of tampering if an illegal entry is made;

2. All external doors shall be locked and monitored by door access sensors that shall detect and report all external door openings by way of an audible alarm, on-screen display, or both;

3. The electronic gaming device shall cease play when any external door is opened;

4. It shall not be possible to disable a door open sensor when the machine's door is closed without leaving evidence of tampering;

5. The sensor system shall register a door as being open when the door is moved from its fully closed and locked position; and

6. Door open conditions shall be recorded in an electronic log that includes a date and time stamp.

B. Electronic gaming devices that contain control programs located within an accessible area shall have a separate internal locked logic compartment that shall be keyed differently than the front door access lock. The logic compartment shall be a locked cabinet area with its own locked door that houses critical electronic components that have the potential to significantly influence the operation of the electronic gaming device. There may be more than one such logic area in an electronic gaming device. Electronic component items that are required to be housed in one or more logic areas are:

1. Central processing units and other electronic components involved in the operation and calculation or display of game play;

2. Communication controller electronics and components housing the communication program storage media or the communication board for the online system may reside outside the electronic gaming device; and

3. Logic compartment door open conditions shall be recorded in a log that includes a date and time stamp.

C. Electronic gaming devices that do not contain a door shall have adequate security for any panels or entry points that allow access to the interior of the device.

11VAC20-20-370. Memory clear.

A. Following the initiation of a memory reset procedure utilizing a certified reset method, the program shall execute a routine that initializes the entire contents of memory to the default state. For electronic gaming devices that allow for partial memory clears, the methodology in doing so must be accurate and the game application must validate the uncleared portions of memory. The electronic gaming device display after a memory reset shall not be the top award.

B. It shall not be possible to change a configuration setting that causes an alteration or obstruction to the electronic accounting meters without a memory clear.

11VAC20-20-380. Critical memory.

A. Critical memory shall be used to store all data that is considered vital to the continued operation of the electronic gaming device. Critical memory storage shall be maintained by a methodology that enables errors to be identified and corrected in most circumstances. This methodology may involve signatures, checksums, partial checksums, multiple copies, timestamps, or use of validity codes. This includes:

1. All electronic meters required in 11VAC20-20-440 E;

2. Current unused credits;

3. Electronic gaming device or game configuration data;

4. Recall of all wagers and other information necessary to fully reconstruct the game outcome associated with the last 10 plays;

5. Software state, which is the last state the electronic gaming device software was in before interruption; and

6. Error conditions that may have occurred on the electronic gaming device that may include:

a. Memory error or control program error;

b. Low memory battery, for batteries external to the memory itself or low power source;

c. Program error or authentication mismatch; and

d. Power reset.

B. Comprehensive checks of critical memory shall be made continually to test for possible corruption. In addition, all critical memory:

1. Shall have the ability to retain data for a minimum of 180 days after power is discontinued from the electronic gaming device. If the method used is an off-chip battery source, it shall recharge itself to its full potential in a maximum of 24 hours. The shelf life shall be at least five years. Memory that uses an off-chip back-up power source to retain its contents when the main power is switched off shall have a detection system that will provide a method for software to interpret and act upon a low battery condition;

2. Shall only be cleared by a department certified memory clear method; and

3. Shall result in an error if the control program detects an unrecoverable memory error.

11VAC20-20-390. Program storage devices.

A. All program storage devices (writable/nonwritable), including erasable programmable read only memory (EPROM), DVD, CD-ROM, compact flash, and any other type of program storage device shall be clearly marked with sufficient information to identify the software and revision level of the information stored in the devices.

B. Program storage devices shall meet the following requirements:

1. Program storage, including CD-ROM, shall meet the following rules:

a. The control program shall authenticate all critical files by employing a hashing algorithm that produces a "message digest" output of at least 128 bits at minimum, as certified by the recognized independent test laboratory and agreed upon by the department. Any message digest shall be stored on a read-only memory device within the electronic gaming device. Any message digest that resides on any other medium shall be encrypted using a public/private key algorithm with a minimum of a 512-bit key or an equivalent encryption algorithm with similar security certified by the independent test laboratory and agreed upon by the department.

b. The electronic gaming device shall authenticate all critical files against the stored message digests. In the event of a failed authentication, the electronic gaming device should immediately enter an error condition with the appropriate indication, such as an audible signal, on-screen display, or both. This error shall require operator intervention to clear. The electronic gaming device shall display specific error information and shall not clear until the file authenticates properly or the electronic gaming device's memory is cleared, the game is restarted, and all files authenticate correctly.

2. CD-ROM specific based program storage shall:

a. Not be a rewritable disk; and

b. The "write session" shall be closed to prevent any further writing to the storage device.

C. Electronic gaming devices where the control program is capable of being erased and reprogrammed without being removed from the electronic gaming device or other equipment or related peripheral devices shall meet the following requirements:

1. Reprogrammable program storage shall only write to alterable storage media containing data, files, and programs that are not critical to the basic operation of the game.

2. Notwithstanding subdivision 1 of this subsection, data may be written to media containing critical data, files, and programs provided that:

a. A log of all information that is added, deleted, and modified be stored on the media;

b. The control program verifies the validity of all data, files, and programs that reside on the media using the methods required herein;

c. The electronic gaming device's program contains appropriate security to prevent unauthorized modifications; and

d. The electronic gaming device's program does not allow game play while the media containing the critical data, files, and programs is being modified.

D. The control program shall ensure the integrity of all critical program components during the execution of said components and the first time the files are loaded for use even if only partially loaded. Space that is not critical to machine security (e.g., video or sound) is not required to be validated, although the department recommends a method be in place for the files to be tested for corruption. If any of the video or sound files contain payout amounts or other information needed by the player, the files are to be considered critical.

11VAC20-20-400. Touch screens.

Any touch screen must meet the following rules:

1. A touch screen shall be accurate once calibrated;

2. A touch screen shall be able to be recalibrated; and

3. A touch screen shall have no hidden or undocumented buttons or touch points anywhere on the touch screen, except as provided for by the game rules that affect game play.

11VAC20-20-410. Bill acceptors.

A. An electronic gaming device may have a mechanism that accepts United States currency and provides a method to enable the electronic gaming device software to interpret and act appropriately upon a valid or invalid input.

B. An acceptance device shall be electronically based and be configured to ensure that it only accepts valid bills and rejects all others in a highly accurate manner.

C. A bill input system shall be constructed in a manner that protects against vandalism, abuse, or fraudulent activity. In addition, a bill acceptance device shall only register credits when:

1. The bill has passed the point where it is accepted and stacked; and

2. The bill acceptor has sent the "irrevocably stacked" message to the machine.

D. A bill acceptor shall communicate to the electronic gaming device using a bidirectional protocol.

E. A bill acceptor shall be designed to prevent the use of cheating methods such as stringing, the insertion of foreign objects, and any other manipulation that may be deemed as a cheating technique.

F. If a bill acceptor is designed to be factory set only, it shall not be possible to access or conduct maintenance or adjustments to that bill acceptor in the field, other than:

1. The selection of bills and their limits;

2. Changing of a certified erasable programmable read-only memory or downloading of certified software;

3. The method for adjustment of the tolerance level for accepting bills of varying quality should not be accessible from the exterior of the electronic gaming device. Adjustments of the tolerance level should only be allowed with adequate levels of security in place. This can be accomplished through lock and key, physical switch settings, or other accepted methods approved on a case-by-case basis;

4. The maintenance, adjustment, and repair per approved factory procedures; and

5. The options that set the direction or orientation of bill acceptance.

G. An electronic gaming device equipped with a bill acceptor shall have the capability of detecting and displaying an error condition for the following events:

1. Stacker full (it is recommended that an explicit "stacker full" error message not be utilized since this may cause a security issue);

2. Bill jams;

3. Bill acceptor door open. If a bill acceptor door is a machine door, a door open signal is sufficient;

4. Stacker door open; and

5. Stacker removed.

H. An electronic gaming device equipped with a bill acceptor shall maintain sufficient electronic metering to be able to report the following:

1. Total monetary value of all bills accepted;

2. Total number of all bills accepted;

3. A breakdown of the bills accepted for each denomination; and

4. The value of the last five items accepted by the bill acceptor.

11VAC20-20-420. Payment by voucher printers.

A. If the electronic gaming device has a printer that is used to issue payment to the player by issuing a printed voucher for any unused game plays or winnings, the electronic gaming device shall meet the following rules:

1. The printer shall be located in a secure area of the electronic gaming device, but shall not be located in the logic area or any cash storage area. The bill acceptor stacker or logic areas containing critical electronic components shall not be accessed when the printer paper is changed; and

2. Data printed on a voucher shall include the following information regarding each voucher printed:

a. Value of unused game plays or winnings in United States currency, in numerical form;

b. Time the voucher was printed;

c. Date the voucher was printed;

d. Location name or site identifier;

e. Serial number of electronic gaming device;

f. Unique validation number or barcode if used in conjunction with a validation system; and

g. Expiration date and time.

B. If the electronic gaming device is capable of printing a duplicate voucher, the duplicate voucher shall clearly state the word "DUPLICATE" on its face.

C. The printer shall use printer paper containing security features such as a watermark as approved by the department.

D. A printer shall have mechanisms to allow the electronic gaming device to interpret and act upon the following conditions that must disable the game, and produce an error condition that requires attendant intervention to resume play:

1. Out of paper;

2. Printer jam or failure; and

3. Printer disconnect. The electronic gaming device may detect this error condition when the game tries to print.

E. An electronic gaming device that uses a voucher printer shall maintain a minimum of the last 25 transactions in critical memory. All voucher transactions shall be logged with a date and time stamp.

11VAC20-20-430. Payment by account.

A. Credit may be added to a player account via a cashier or point of sale station. Credit may also be added by any supporting electronic gaming device through credits won or bills.

B. Money may be removed from a player account either through downloading of credits to the electronic gaming device or by cashing out at a cashier's or point-of-sale station.

C. All monetary transactions between a supporting electronic gaming device and the distributed pull-tab system must be secured by means of a card insertion into a magnetic card reader and personal identification number (PIN) entry or by other protected means.

Article 5

Game Requirements

11VAC20-20-440. Game play requirements.

A. A player receives an electronic pull-tab in return for consideration. A player wins if the player's electronic pull-tab contains a combination of symbols or numbers that was designated in advance of the game as a winning combination. There may be multiple winning combinations in each game. Electronic versions of instant bingo and pull-tabs, as authorized by the department, shall only utilize electronic gaming devices that allow players to play electronic pull-tabs. An electronic gaming device shall meet the following minimum requirements:

1. A player may purchase an opportunity to play an electronic pull-tab by:

a. Insertion of United States currency (bills only);

b. Purchase made at a point of sale terminal; or

c. Withdrawing deposits available in a player account.

2. The available games, flare, and rules of play shall be displayed on the electronic gaming device's video screen. Rules of play shall include all winning combinations.

3. Any number of game themes may be selectable for play on any given electronic gaming device. Only one of the game themes shall be playable at any given time.

4. An electronic gaming device shall be clearly labeled so as to inform the public that no one younger than 21 years of age is allowed to play.

5. An electronic gaming device shall not be capable of displaying any enticing animation while in an idle state. An electronic gaming device may use simple display elements or screen savers to prevent monitor damage.

6. The results of the electronic pull-tab shall be shown to the player using a video display. No rolling, flashing, or spinning animations are permitted. No rotating reels marked into horizontal segments by varying symbols are permitted.

7. Any sound or music solely intended to entice a player to play is prohibited. Any sound or music emitted by an electronic gaming device must not be played at a level sufficient to disturb other players or patrons.

8. The electronic gaming device shall have one or more buttons, electromechanical or touch screen, to facilitate the following functions:

a. Viewing of the game "help" screens;

b. Viewing of the game rules;

c. Initiating game play;

d. Cashout or logout; and

e. One or more buttons designated to reveal the pull-tab or instant bingo windows.

9. Following play on an electronic gaming device, the result shall be clearly shown on the video display along with any prizes that may have been awarded. Prizes may be dispensed in the form of:

a. Voucher;

b. Added to the machine balance meter; or

c. Added to the player's account balance.

10. An available balance may be collected from the electronic gaming device by the player pressing the "cashout" button or logging off of the electronic gaming device at any time other than during:

a. A game being played;

b. While in an audit mode or screen;

c. Any door open;

d. Test mode;

e. A machine balance meter or win meter incrementation unless the entire amount is placed on the meter when the "cashout" button is pressed; or

f. An error condition.

11. The default electronic gaming device display, upon entering game play mode, shall not be the top award.

B. An electronic gaming device shall not have hardware or software that determines the outcome of any electronic pull-tab, produce its own outcome, or affect the order of electronic pull-tabs as dispensed from the distributed pull-tab system. The game outcome shall be determined by the distributed pull-tab system as outlined within this chapter.

C. Game themes shall not contain obscene or offensive graphics, animations, or references. The department shall determine what constitutes obscene or offensive graphics, animations, or references.

D. Prior to approval for use, each electronic gaming device must meet the following specifications with respect to its operation:

1. After accepting an allowable cash payment from the player, the player shall press a "play" button to initiate a game.

2. The electronic gaming device shall not display in any manner, the number of electronic pull-tabs of each finite category, or how many cards remain.

3. Awards of merchandise prizes in lieu of cash are prohibited.

4. The player must interact with the device to initiate a game and reveal a win or loss. This may involve a button press on the console or on the touch screen.

5. The electronic pull-tab must be initially displayed with a cover and require player interaction to reveal the symbols and game outcome.

6. In no event may an electronic gaming device simulate play of roulette, poker, keno, lotto or lottery, twenty-one, blackjack, or any other card game, or simulate play of any type of slot machine game, regardless of whether the machine has a payback feature or extra play awards.

7. Card symbols such as ace, king, queen, or heart are acceptable, provided the device abides by the prohibition in subdivision 6 of this subsection.

8. Games must not contain any elements of skill.

E. Each electronic gaming device must meet the following specifications with respect to its metering system:

1. An electronic gaming device shall contain electronic metering whereby meters record and display on the video screen the following information at a minimum:

a. Total cash in for the bill acceptor if equipped with a bill acceptor;

b. Total cash played;

c. Total cash won;

d. Total cash removed from electronic gaming device;

e. Total count of electronic pull-tabs played; and

f. Total count of electronic pull-tabs won.

2. An electronic meter shall be capable of maintaining correct totals and be of no less than 10 digits in length.

3. An electronic gaming device shall not be capable of displaying the number of electronic pull-tabs that remain in the game set or the number of winners or losers that have been drawn or still remain in the game set while the game set is still being played.

4. An electronic meter shall not be capable of being automatically reset or cleared, whether due to an error in any aspect of the meter's or a game's operation or otherwise.

5. Currency meters shall be maintained in dollars and cents.

Part V

Network Bingo

Article 1

Network Bingo Providers

11VAC20-20-450. Network bingo providers: application, qualifications, suspension, revocation or refusal to renew permit, maintenance, and production of records.

A. Prior to providing network bingo, a network bingo provider shall submit an application on a form prescribed by the department and receive a permit. A $500 application fee payable to the Treasurer of Virginia is required. In addition, a network bingo provider must be authorized to conduct business in the Commonwealth of Virginia, which may include registration with the State Corporation Commission, the Department of Taxation, and the Virginia Employment Commission. The actual cost of background investigations for a permit may be billed by the department to an applicant.

B. The department may refuse to issue a permit or may suspend or revoke a permit if an officer, director, partner, employee, agent, or owner:

1. Is operating without a valid license, permit, or certificate as a supplier, manufacturer, or network bingo provider in any state in the United States;

2. Fails or refuses to recall a product as directed by the department;

3. Conducts business with unauthorized entities or is not authorized to conduct business in the Commonwealth of Virginia;

4. Has been convicted of or pleaded nolo contendere to any crime as specified by § 18.2- 340.34:2 B of the Code of Virginia; has had any license, permit, certificate, or other authority related to activities defined as charitable gaming in the Commonwealth suspended or revoked in the Commonwealth or in any other jurisdiction; has failed to file or has been delinquent in excess of one year in the filing of any tax returns or the payment of any taxes due the Commonwealth; or has failed to establish a registered office or registered agent in the Commonwealth if so required by § 13.1-634 or 13.1-763 of the Code of Virginia. As this provision relates to employees or agents, it shall only apply to individuals involved in sales to or solicitations of customers in the Commonwealth of Virginia;

5. Fails to notify the department within 20 days of the occurrence, knowledge, or receipt of the filing of any administrative or legal action relating to charitable gaming or network bingo involving or concerning the network bingo provider, any officer or director, employees, agent, or owner during the term of its permit;

6. Fails to provide to the department upon request a current Letter for Company Registration on file with the U.S. Department of Justice if required in accordance with the Gambling Devices Act of 1962 (15 USC §§ 1171 through 1178) for any device that it distributes in the Commonwealth of Virginia; or

7. Has been engaged in conduct that would compromise the department's objective of maintaining the highest level of integrity in charitable gaming.

C. A network bingo provider shall not distribute a network bingo system, network bingo supplies, or other incidental items to perform network bingo to anyone in the Commonwealth of Virginia or to an organization for use upon the premises owned or exclusively leased by the organization in which the portion of the premises are qualified to sell pull-tabs to members and their guests only as authorized by § 18.2-340.26:1 of the Code of Virginia. However, a network bingo provider may:

1. Distribute such a system, supply, or item to a qualified organization authorized to conduct charitable gaming for use during a session that is open to the public and not limited to members and their guests only.

2. Distribute such a system, supply, or item to an organization that expects to gross the amount set forth in § 18.2-340.23 of the Code of Virginia or less in any 12-month period, providing that the amount of such purchase would not be reasonably expected to produce more than the amount set forth in § 18.2-340.23 of the Code of Virginia in gross sales. For each such organization, the network bingo provider shall maintain the name, address, and telephone number. The network bingo provider shall also obtain a written and signed statement from an officer or game manager of such organization confirming that gross receipts are expected to be the amount set forth in § 18.2-340.23 of the Code of Virginia or less. Such statements shall be dated and kept on file for a minimum of three years from the close of a fiscal year.

All such distributions shall be documented pursuant to subsection G of this section and reported to the department pursuant to subsection I of this section.

D. No network bingo provider, its agents, or its employees may be involved in the management, operation, or conduct of charitable gaming in the Commonwealth of Virginia. A network bingo provider, its agents, or its employees may call a network bingo game or distribute network bingo prizes associated with the network bingo provider's network bingo system. No member of a network bingo provider's immediate family or person residing in the same household as a network bingo provider may be involved in the management, operation, or conduct of charitable gaming of any customer of the network bingo provider in the Commonwealth of Virginia. No network bingo provider, its agents, or its employees may participate in any charitable gaming of any customer of the network bingo provider in the Commonwealth of Virginia. For the purposes of this chapter, servicing of the network bingo system shall not be considered conduct or participation.

E. The department shall conduct a background investigation prior to the issuance of a permit to any network bingo provider. The investigation may include the following:

1. A search of criminal history records on all officers, directors, and owners; and

2. Verification of current compliance with Commonwealth of Virginia tax laws.

If the officers, directors, owners, or partners are domiciled outside of the Commonwealth of Virginia or have resided in the Commonwealth of Virginia for fewer than five years, a criminal history search conducted by the appropriate authority in any state in which the officers, directors, owners, or partners have resided during the previous five years shall be provided by the applicant.

F. Appropriate information and authorizations shall be provided to the department to verify information cited in subsection E of this section.

G. Network bingo providers shall document each sale of network bingo supplies, equipment, and other incidental items to perform network bingo to any person for use in the Commonwealth of Virginia on an invoice, which reflects the following:

1. Name, address, and organization number of the organization;

2. Date of sale, lease, or rental and location where the network bingo supplies, equipment, and other incidental items to perform network bingo is shipped or delivered if different from the billing address;

3. Form number, serial number, quantity, and purchase or rental price of the network bingo supplies, equipment, and other incidental items to perform network bingo;

4. Quantity of network bingo cards sold, the cost per card, and the selling price per card; and

5. Date of the network bingo game in which the qualified organization participated, the start time and end time of the game, and the number of balls called during the game.

H. Network bingo providers shall ensure that two copies of the detailed invoice are provided to the customer for the sale of network bingo supplies, equipment, and other incidental items to perform network bingo.

I. Each network bingo provider shall provide a report to the department by March 1 of each year on the sale of network bingo supplies, equipment, and other incidental items to perform network bingo for the fiscal year ending December 31 of the previous year to each organization in the Commonwealth of Virginia. This report shall be provided to the department via a department-approved electronic medium. The report shall include the name, address, and organization number of each organization and the following information for each sale or transaction:

1. Date of sale, lease, or rental and location where the network bingo supplies, equipment, and other incidental items to perform network bingo is shipped or delivered if different from the billing address;

2. Serial number, quantity, and purchase or rental price of the network bingo supplies, equipment, and other incidental items to perform network bingo;

3. Quantity of network bingo cards sold, the cost per card, and the selling price per card;

4. Date of the network bingo game in which qualified organizations participated, the start time and end time of the game, the number of balls called during the game, the total gross receipts for the game; and

5. Prize amount awarded to the winning player and which organization sold the winning network bingo card.

J. A network bingo provider shall maintain documentation on all deposits and disbursements into the prize pool for the network bingo game.

K. A network bingo provider, its agents, and its employees; members of a network bingo provider's immediate family; or persons residing in a network bingo provider's household shall not make any loan directly or indirectly to any organization or officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming of the network bingo provider's customer located in the Commonwealth of Virginia.

L. A network bingo provider, its agent, or its employee shall not directly or indirectly provide a rebate, discount, or refund to any person other than an organization that purchases, rents, or leases network bingo supplies, equipment, and other incidental items to perform network bingo. All such transactions shall be recorded on the network bingo provider's account books.

M. A network bingo provider shall not rent, sell, or otherwise provide network bingo supplies, equipment, and other incidental items to perform network bingo unless the network bingo provider possesses a valid permit in the Commonwealth of Virginia.

N. A written agreement specifying the terms of lease or rental between the network bingo provider and the qualified organization shall be required for any equipment used to perform network bingo.

O. A network bingo provider shall record the following information on each winner of a network bingo game:

1. Name and address of the winner;

2. Name of the qualified organization that sold the winning network bingo card;

3. Date and time when the winning network bingo card was purchased by the winner; and

4. Location where the winning network bingo card was purchased by the winner.

Article 2

General Requirements

11VAC20-20-460. Approval of equipment used to perform network bingo.

A. The department shall set manufacturing and testing criteria for all equipment used to perform network bingo. Equipment used to perform network bingo shall not be sold, leased, or otherwise furnished to any person in the Commonwealth of Virginia for use as part of network bingo until an identical sample of equipment containing identical proprietary software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The testing facility must certify that the equipment conforms, at a minimum, to the requirements set forth in this chapter. Once the testing facility reports the test results to the department, the department will either approve or disapprove the equipment and inform the network provider of the results. If any such equipment does not meet the department's criteria, it shall be recalled and shall not be distributed in the Commonwealth of Virginia. The cost of testing shall be borne by the network provider of such equipment.

B. No network bingo provider shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use equipment to perform network bingo unless it conforms to the requirements set forth in this chapter.

C. If a defect in any equipment used to perform network bingo is discovered by or reported to the department, the department shall notify the network bingo provider that is using the equipment containing the alleged defect. Should the department, in consultation with the network bingo provider, determine that a defect exists and should the department determine the defect affects game security or otherwise threatens public confidence in the game, the department may, with respect to any equipment used to perform network bingo still located within the Commonwealth of Virginia, require the network bingo provider to issue a recall of all affected equipment.

D. Department employees shall have the right to inspect all equipment used to perform network bingo. The department, at its discretion, may require additional testing of any equipment to perform network bingo at any time. Such additional testing shall be at the network provider's expense and shall be a condition of the continued use of such equipment.

E. Equipment used to perform network bingo shall have a permanently affixed identification badge that cannot be removed without leaving evidence of tampering. This badge shall be affixed to the exterior of the equipment and shall include the following information:

1. The manufacturer name;

2. A unique serial number;

3. The equipment model number;

4. The date of manufacture; and

5. Any other information required by the department.

Article 3

System Requirements

11VAC20-20-470. Location of equipment.

All equipment used to perform network bingo must be physically located within the boundaries of the Commonwealth of Virginia.

11VAC20-20-480. Communications and network requirements.

A. Where the network bingo system components are linked with one another in a network, communication protocols shall be used that ensure that erroneous data or signals will not adversely affect the operations of any such system components.

B. All data communication shall incorporate error detection and correction schemes to ensure the data is transmitted and received accurately.

C. Connections between all components of the network bingo system shall only be through the use of secure communication protocols that are designed to prevent unauthorized access or tampering, employing Advanced Encryption Standard (AES) or equivalent encryption.

D. A firewall or equivalent hardware device configured to block all inbound and outbound traffic that has not been expressly permitted and is not required for continued use of the network bingo system must exist between the network bingo system and any external point of access.

E. The minimum width (size) for encryption keys is 112 bits for symmetric algorithms and 1024 bits for public keys.

F. There must be a secure method implemented for changing the current encryption key set. It is not acceptable to only use the current key set to encrypt the next set.

G. There must be a secure method in place for the storage of encryption keys. Encryption keys must not be stored without being encrypted themselves.

H. If a wireless network is used, wireless products used in conjunction with any gaming system or system component must meet the following minimum standards:

1. Employ a security process that complies with the Federal Information Processing Standard 140-2 (FIPS 140-2); or

2. Employ an alternative method, as approved by the department.

11VAC20-20-490. Backup and recovery.

A. A network bingo system shall have a separate physical medium for securely storing data for the network bingo game, which shall be mirrored in real time by a backup medium.

B. All data required to be available or reported by this chapter must be retained for a period of not less than three years from the close of the fiscal year.

C. All storage of critical data shall utilize error checking and be stored on a nonvolatile physical medium.

D. The database shall be stored on redundant media so that no single failure of any portion of the system would result in the loss or corruption of data.

E. In the event of a catastrophic failure when the network bingo system cannot be restarted in any other way, it shall be possible to reload the network bingo system from the last viable backup point and fully recover the contents of that backup, to consist of at least the following information:

1. All significant events;

2. All accounting information;

3. Auditing information, including all sales and disbursements; and

4. Employee files with access levels.

11VAC20-20-500. Security requirements.

A. A network bingo system shall not permit the alteration of any accounting or significant event information that was communicated from a point-of-sale terminal without supervised access controls. In the event financial data is changed, an automated audit log must be capable of being produced to document the following:

1. Data element altered;

2. Data element value prior to alteration;

3. Data element value after alteration;

4. Time and date of alteration; and

5. Personnel that performed alteration.

B. A network bingo system must provide password security or other secure means of ensuring data integrity and enforcing user permissions for all system components through the following means:

1. All programs and data files must only be accessible via the entry of a password that will be known only to authorized personnel;

2. The network bingo system must have multiple security access levels to control and restrict different classes;

3. The network bingo system access accounts must be unique when assigned to the authorized personnel and shared accounts amongst authorized personnel must not be allowed;

4. The storage of passwords and personal identification numbers (PINs) must be in an encrypted, nonreversible form; and

5. A program or report must be available that will list all registered users on the network bingo system, including their privilege level.

C. All components of a network bingo system that allow access to users, other than the player, must have a password sign-on with at least two-level codes comprising the personal identification code and a personal password.

1. The personal identification code must have a length of at least six American Standard Code for Information Interchange (ASCII) characters; and

2. The personal password must have a minimum length of six alphanumeric characters, which should include at least one nonalphabetic character.

D. A network bingo system must have the capability to control potential data corruption that can be created by multiple simultaneous log-ons by system management personnel.

1. A network bingo system shall specify which of the access levels allow for multiple simultaneous sign-ons by different users and which of the access levels do not allow for multiple sign-ons, and if multiple sign-ons are possible, what restrictions, if any, exist; or

2. If a network bingo system does not provide adequate control, a comprehensive procedural control document must be drafted for the department's review and approval.

E. Network bingo system software components or modules shall be verifiable by a secure means at the system level. A network bingo system shall have the ability to allow for an independent integrity check of the components or modules from an outside source and an independent integrity check is required for all control programs that may affect the integrity of the network bingo system. This must be accomplished by being authenticated by a third-party device, which may be embedded within the network bingo system software or having an interface or procedure for a third-party application to authenticate the component. This integrity check will provide a means for field verification of the network bingo system components.

F. A network bingo system may be used to configure and perform security checks on the point-of-sale terminals, provided such functions do not affect the security, integrity, or outcome of any game and meets the requirements set forth in this chapter regarding program storage devices.

11VAC20-20-510. Randomization.

A. As used in this section, unless the context requires a different meaning:

1. "Card position" means the first card dealt, second card dealt in sequential order.

2. "Number position" means the first number drawn in sequential order.

B. A network bingo system shall utilize randomizing procedures in the creation of network bingo cards.

C. Any random number generation, shuffling, or randomization of network bingo cards used in connection with a network bingo system must be by use of a random number generation application that has successfully passed standard tests for randomness and unpredictability including:

1. Each card position or number position satisfies the 99% confidence limit using the standard chi-squared analysis. "Chi-squared analysis" is the sum of the ratio of the square difference between the expected result and the observed result to the expected result.

2. Each card position or number position does not produce a significant statistic with regard to producing patterns of occurrences. Each card position or number position will be considered random if it meets the 99% confidence level with regard to the "run test" or any similar pattern testing statistic. The "run test" is a mathematical statistic that determines the existence of recurring patterns within a set of data.

3. Each card position or number position is independently chosen without regard to any other card or number drawn within that game play. This test is the "correlation test." Each pair of card positions or number positions is considered random if it meets the 99% confidence level using standard correlation analysis.

4. Each card position or number position is independently chosen without reference to the same card position or number position in the previous game. This test is the "serial correlation test." Each card position or number position is considered random if it meets the 99% confidence level using standard serial correlation analysis.

11VAC20-20-520. Point of sale terminal.

A. A network bingo system may utilize a point-of-sale terminal that is capable of facilitating the sale of network bingo cards. The point of sale may be entirely integrated into a network bingo system or exist as a separate entity.

B. Point-of-sale use is only permissible when the device is linked to an approved network bingo system.

C. If a network bingo system utilizes a point of sale, it shall be capable of printing a receipt for each sale or void. The receipt shall contain the following information:

1. Date and time of the transaction;

2. Dollar value of the transaction;

3. Validation number, if applicable;

4. Quantity of network bingo cards purchased;

5. Transaction number;

6. Point-of-sale identification number or name; and

7. Date and time when the network bingo game will begin.

D. The following point-of-sale report shall be generated on demand. Sales transaction history report shall show all sales and voids by session and include the following information:

1. Date and time of the transaction;

2. Dollar value of the transaction;

3. Quantity of network bingo cards sold;

4. Transaction number;

5. Point of sale identification number or name; and

6. Date and time of the network bingo game.

11VAC20-20-530. Game play requirements.

A. Any device that sells network bingo cards shall be clearly labeled so as to inform the public or game worker that no one younger than 18 years of age is allowed to play or redeem a network bingo card.

B. A network bingo provider shall have physical on-site independent supervision while the numbers for a network bingo game are called by a live caller. This independent supervision shall be unbiased in verifying the outcome of the network bingo game and uphold the department's objective of maintaining the highest level of integrity in charitable gaming. A written agreement specifying the terms of any arrangement between the entity or person providing the physical [ on- site on-site ] independent supervision and the network bingo provider shall be required prior to any supervision being performed on the network bingo game. This written agreement shall be maintained by the network bingo provider for a minimum of three years from the close of the fiscal year, unless otherwise specified.

C. A network bingo provider shall ensure qualified organizations participating in its network bingo comply with § 18.2-340.28:1 F of the Code of Virginia.

D. A network bingo provider or the live caller shall announce the prize amount and the predetermined pattern to players immediately before the start of the network bingo game. Each location where a qualified organization is selling network bingo cards shall be equipped to visually display the broadcast or signal of the numbers as they are being called by a live caller.

E. Gross receipts from the sale of network bingo cards shall be allocated in the following manner:

1. Up to 50% of such receipts to the organization selling network bingo cards;

2. Up to 50% of gross receipts to the prize pool; and

3. Any remaining amount to the network bingo provider.

However, if the prize pool reaches the maximum prize limitation, then the network bingo provider shall enable the organization to retain those gross receipts normally allocated to the prize pool.

F. All written agreements specifying the terms of any arrangement between the qualified organization and network bingo provider shall be maintained by both parties for a minimum of three years from the close of the fiscal year, unless otherwise specified.

G. Network bingo prizes must be claimed by the player within 30 days of winning the game and if not, the network bingo provider shall roll the unclaimed prize into the prize pool for the next network bingo game. The network bingo provider shall pay the prize by check to the winning player within 30 days. If the outcome of a network bingo game results in multiple winning players, then the prize amount shall be equally divided among them.

H. No single network bingo prize shall exceed the prize limitation set forth in § 18.2-340.28:1 H of the Code of Virginia.

Part VI

Administrative Process

11VAC20-20-600. Procedural rules for the conduct of fact-finding conferences and hearings.

A. As used in this part, "manufacturer" means a person or entity that assembles from raw materials or subparts a distributed pull-tab system.

B. Fact-finding conference; notification, appearance, and conduct.

1. Unless automatic revocation or immediate suspension is required by law, no permit to conduct charitable gaming, sell charitable gaming supplies, or distribute a distributed pull-tab system or no authorization to operate and conduct electronic gaming shall be denied, suspended, or revoked except upon notice stating the basis for such proposed action and the time and place for a fact-finding conference as set forth in § 2.2-4019 of the Administrative Process Act.

2. If a basis exists for a refusal to renew, suspend, or revoke a permit or authorization, the department shall notify by certified mail or by hand delivery the interested persons at the address of record maintained by the department.

3. Notification shall include the basis for the proposed action and afford interested persons the opportunity to present written and oral information to the department that may have a bearing on the proposed action at a fact-finding conference. If there is no withdrawal, a fact-finding conference shall be scheduled at the earliest mutually agreeable date, but no later than 60 days from the date of the notification. Organizations, suppliers, or manufacturers who wish to waive their right to a conference shall notify the department at least 14 days before the scheduled conference.

4. If after consideration of evidence presented during an informal fact-finding conference, a basis for action still exists, the interested persons shall be notified in writing within 60 days of the fact-finding conference via certified or hand-delivered mail of the decision and the right to a formal hearing. Parties to the conference may agree to extend the report deadline if more time is needed to consider relevant evidence.

C. Hearing; notification, appearance, and conduct.

1. If after a fact-finding conference, a sufficient basis still exists to deny, suspend, or revoke a permit or authorization, interested persons shall be notified by certified or hand-delivered mail of the proposed action and of the opportunity for a hearing on the proposed action. If an organization, supplier, or manufacturer desires to request a hearing, the organization, supplier, or manufacturer shall notify the department within 14 days of receipt of a report on the conference. Parties may enter into a consent agreement to settle the issues at any time prior to or subsequent to an informal fact-finding conference.

2. If an interested party or representative fails to appear at a hearing, the hearing officer may proceed in the interested party's or representative's absence and make a recommendation.

3. Oral and written arguments may be submitted to and limited by the hearing officer. Oral arguments shall be recorded in an appropriate manner.

D. Hearing location. Hearings before a hearing officer shall be held, insofar as practicable, in the county or city in which the organization, supplier, or manufacturer is located. If the parties agree, hearing officers may conduct hearings at locations convenient to the greatest number of persons or by telephone conference, video conference, or similar technology, in order to expedite the hearing process.

E. Hearing decisions.

1. Recommendations of the hearing officer shall be a part of the record and shall include a written statement of the hearing officer's findings of fact and recommendations as well as the reasons or basis for the recommendations. Recommendations shall be based upon all the material issues of fact, law, or discretion presented on the record.

2. The department shall review the recommendation of the hearing officer and render a decision on the recommendation within 30 days of receipt. The decision shall cite the appropriate rule, relief, or denial thereof as to each issue.

F. Agency representation. The commissioner's designee may represent the department in an informal conference or at a hearing.

11VAC20-20-610. Reporting violations.

A. Unless otherwise required by law, the identity of any individual who provides information to the department or its agents regarding alleged violations shall be held in strict confidence.

B. Any officer, director, or game manager of a qualified organization or social organization or any officer or director of a supplier or manufacturer shall immediately report to the department any information pertaining to the suspected misappropriation or theft of funds or any other violation of the Charitable Gaming Law or regulations promulgated pursuant thereto.

C. Failure to report the information required by subsection B of this section may result in the denial, suspension, or revocation of a permit to conduct charitable gaming, permit to sell charitable gaming supplies, or authorization to operate and conduct electronic gaming.

D. Any officer, director, or game manager of a qualified organization or social organization involved in the management, operation, or conduct of charitable gaming or electronic gaming shall immediately notify the department upon being convicted of a felony or a crime involving fraud, theft, or financial crimes.

E. Any officer, director, partner, or owner of a supplier or manufacturer shall immediately notify the department upon being convicted or of pleading nolo contendere to a felony or a crime involving gambling or an action against any license or certificate held by the supplier or manufacturer in any state in the United States.

F. Failure to report information required by subsection D or E of this section by any officer, director, or game manager of a qualified organization or social organization or by any supplier or manufacturer may result in the denial, suspension, or revocation of a permit to conduct charitable gaming, permit to sell charitable gaming supplies, or authorization to operate and conduct electronic gaming.

G. Any officer, director, or game manager of a qualified organization involved in charitable gaming or electronic gaming shall immediately report to the department any change the IRS makes in the tax status of the organization, or if the organization is a chapter of a national organization covered by a group tax exempt determination, the tax status of the national organization.

H. All organizations regulated by the department shall display prominently a (i) poster advising the public of a telephone number where complaints relating to charitable gaming may be made and (ii) a poster that bears a toll-free telephone number for "Gamblers Anonymous" or other organization that provides assistance to compulsive gamblers. Such posters shall be in a format prescribed by the department.

FORMS (11VAC20-20)

GAME MANAGEMENT FORMS

Bingo Session Reconciliation Summary, Form 103 (rev. 8/2013)

Admission Sales Reconciliation - Paper, Form 104-A (rev. 8/2013)

Floor Sales Reconciliation - Paper, Form 104-B (rev. 12/2014)

Decision Bingo Reconciliation, Form 104-C (rev. 8/2013)

Raffle/Treasure Chest Sales Reconciliation - Bingo Session, Form 104-D (rev. 8/2013)

Paper Instant Bingo/Seal Cards/Pull-Tabs Reconciliation, Form 105 (rev. 8/2013)

Storeroom Inventory Issue - Paper, Form 106-A (rev. 8/2013)

Storeroom Inventory Issue - Instant Bingo/Seal Cards/Pull-Tabs, Form 106-B (rev. 8/2013)

List of Bingo Workers, Form 107 (rev. 8/2013)

Prize Receipt, Form 108 (rev. 8/2013)

Storeroom Inventory - Paper, Form 109-A (rev. 8/2013)

Storeroom Inventory - Instant Bingo/Seal Cards/Pull-Tabs, Form 109-B (rev. 8/2013)

Raffle Sales Reconciliation - Stand Alone Raffle, Form 110 (rev. 8/2013)

Instant Bingo/Seal Cars/Pull-tabs Reconciliation (Non-Bingo), Form 111 (rev. 8/2013)

Instant Bingo/Seal Cars/Pull-tabs Reconciliation Continuation (Non-Bingo), Form 111-A (rev. 8/2013)

Destruction of Unused Charitable Gaming Supplies, Form 112 (rev. 3/2014)

ORGANIZATION LICENSING FORMS

Charitable Gaming Permit Application - New Applicants Only, Form 201 - N (rev. 8/2021)

Gaming Personnel Information Update (rev. 7/2013)

Report of Game Termination (rev. 7/2013)

MANUFACTURER OF ELECTRONIC GAMING DEVICES, SUPPLIER, AND NETWORK BINGO PROVIDER LICENSING FORMS

Charitable Gaming Supplier Permit Application, Form 301 (rev. 2/2018)

Annual Supplier/Manufacturer Sales and Transaction Report, Form 302 (rev. 8/2013)

Certification of Non-Charitable Gaming/Gambling, Form 304 (rev. 7/2013)

Manufacturer of Electronic Pull-tab System Permit Application, Form 305 (rev. 10/2012)

Manufacturer of Electronic Pull-tab System Permit Application - Personal Information, Form 305A (rev. 10/2012)

Manufacturer of Electronic Pull-tab System Permit Renewal Application, Form 306 (rev. 10/2013)

Manufacturer of Electronic Pull-tab System Permit Renewal Application - Personal Information, Form 306A (rev. 10/2013)

Network Bingo Provider Permit Application, Form 307 (eff. 5/2014)

Network Bingo Provider Permit Application - Personal Information, Form 307A (eff. 5/2014)

BINGO MANAGER AND BINGO CALLER REGISTRATION FORMS

Charitable Gaming Bingo Caller Certificate of Registration Application, Form 401 (rev. 7/2018)

Charitable Gaming Bingo Manager Certificate of Registration Application, Form 402 (rev. 7/2018)

DOCUMENTS INCORPORATED BY REFERENCE (11VAC20-20)

IRS Publication 3079, Tax-Exempt Organizations and Gaming (rev. 6/2010).

Security Requirements for Cryptographic Modules, Federal Information Processing Standard, FIPS Pub 140-2 (rev. 12/2002).

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

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

Public Hearing Information:

May 8, 2023 - 10 a.m. - Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060

Public hearing information: https://townhall.virginia.gov/L/viewmeeting.cfm?meetingid=37601

Public Comment Deadline: May 9, 2023.

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, TDD (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

Background: The Virginia Amusement Device Regulations (VADR) govern the construction and operation of amusement devices, which are by statutory definition devices or structures open to the public by which persons are conveyed or moved in an unusual manner for diversion and passenger tramways. The regulation is closely related to the Virginia Uniform Statewide Building Code (13VAC5-63) (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 use nationally recognized model building codes and standards to provide the technical requirements for the actual construction of the regulated buildings. Every three years, new editions of the model codes become available. At that time, the Board of Housing and Community Development (BHCD) initiates a regulatory action to incorporate the newest editions of the model codes into the regulation and accepts proposals for changes to the regulation from stakeholders and the public. The Department of Housing and Community Development staff maintains mailing lists for workgroups involving different subject areas of regulation and conducts workgroup meetings attended by stakeholder groups and the public to develop consensus recommendations, when possible, concerning proposals that have been submitted. The department uses an online program incorporating the provisions of the regulation and the model codes and standards to facilitate the submittal of proposals. A public hearing is held during the workgroup meeting stage of the process and a comment period established. Once workgroup meetings are completed, the BHCD has a series of meetings to consider each proposal, and those proposals approved are incorporated into the proposed regulation. After the publishing of the proposed regulation, the BHCD establishes a comment period and holds an additional public hearing. The BHCD then meets to consider public comments to develop a final regulation to complete the regulatory process.

Summary:

The proposed amendments include (i) adding a definition for "serious injury or illness"; (ii) clarifying that nonmechanized playground equipment is not considered an amusement device; and (iii) updating the American Society for Testing and Materials (ASTM) standards incorporated by reference into the regulation to the most current editions.

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 that 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 that depends on gravity for its operation to convey a passenger from the top of the incline to the bottom, and which that 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.

"Serious injury or illness" means a personal injury or personal illness that results in death; dismemberment; significant disfigurement; permanent loss of the use of a body organ, member, function, or system; a compound fracture; or other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.

"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 that 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 that 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;

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 B77.1-2017 for the regulation of passenger tramways; and

2. American Society for Testing and Materials (ASTM) Standard Nos. F747-15 F747-21a, F770-18 F770-21a, F1159-16 F1159-16e1, F1193-18 F1193-18a, F1957-99 (2017), F2007-18, F2137-18 F2137-19, F2291-19 F2291-21, F2374-19 F2374-21a, F2375-09 (2017), F2376-17a F2376-21a, F2460-11 F2460-19, F2461-18 F2461-20a, F2959-18 F2959-21, F2960-16, F2970-17 F2970-20, F2974-19 F2974-20, and F3054-18 for the regulation of amusement devices.

The standards referenced above in subsection A of this section may be procured from:

ANSI 25 W 43rd Street New York, NY 10036

ASTM 100 Barr Harbor Dr. West Conshohocken, PA 19428-2959

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 that 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.

DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-31)

ANSI B77.1-2017, Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety 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 F770-18, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices

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

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

ASTM F747-21a, Standard Terminology Relating to Amusement Rides and Devices

ASTM F770-21a, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices

ASTM F1159-16e1, Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards

ASTM F1193-18a, Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices

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

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

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

ASTM F2291-19, Standard Practice for Design of Amusement Rides and Devices

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

ASTM F2137-19, Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

ASTM F2291-21, Standard Practice for Design of Amusement Rides and Devices

ASTM F2374-21a, 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 F2376-17a, 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 F2959-18, Standard Practice for Aerial Adventure Courses

ASTM F2376-21a, Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems

ASTM F2460-19, Standard Practice for Special Requirements for Bumper Boats

ASTM F2461-20a, Standard Practice for Manufacture, Construction, Operation and Maintenance of Aquatic Play Equipment

ASTM F2959-21, Standard Practice for Aerial Adventure Courses

ASTM F2960-16, Standard Practice for Permanent Amusement Railway Ride Tracks and Related Devices

ASTM 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

ASTM F2974-20, Standard Guide for Auditing Amusement Rides and Devices

ASTM F2970-20, Standard Practice for Design, Manufacture, Installation, Operation, Maintenance, Inspection and Major Modification of Trampoline Courts

ASTM F3054-18, Standard Practice for Operations of Amusement Railway Rides, Devices, and Facilities

Titles of Regulations: 13VAC5-51. Virginia Statewide Fire Prevention Code (repealing 13VAC5-51-11 through 13VAC5-51-155).

13VAC5-52. Virginia Statewide Fire Prevention Code (adding 13VAC5-52-10 through 13VAC5-52-680).

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

Public Hearing Information:

May 8, 2023 - 10 a.m. - Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060

Public hearing information: https://townhall.virginia.gov/L/viewmeeting.cfm?meetingid=37601

Public Comment Deadline: May 9, 2023.

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, TDD (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

Background: The Statewide Fire Prevention Code (SFPC) is a regulation governing the maintenance of the fire protection aspects of existing structures and operational functions relating to fire safety wherever located, including the regulation of the use of explosives and blasting and fireworks displays. The SFPC uses a nationally recognized model code produced by the International Code Council as the basis for the technical provisions of the regulation. Every three years, new editions of the model codes become available. At that time, the Board of Housing and Community Development (BHCD) initiates a regulatory action to incorporate the newest editions of the model codes into the regulation and accepts proposals for changes to the regulation from stakeholders and the public. The Department of Housing and Community Development staff maintains mailing lists for workgroups involving different subject areas of regulation and conducts workgroup meetings attended by stakeholder groups and the public to develop consensus recommendations, when possible, concerning proposals that have been submitted. The department uses an online program incorporating the provisions of the regulation and the model codes and standards to facilitate the submittal of proposals. A public hearing is held during the workgroup meeting stage of the process and a comment period established. Once workgroup meetings are completed, the BHCD has a series of meetings to consider each proposal, and those proposals approved are incorporated into the proposed regulation. After the publishing of the proposed regulation, the BHCD establishes a comment period and holds an additional public hearing. The BHCD then meets to consider public comments to develop a final regulation to complete the regulatory process.

Different this code development cycle is the repeal and replacement of existing regulation, 13VAC5-51, with the new regulation, 13VAC5-52. The repeal and replace of the Virginia Statewide Fire Prevention Code does not affect substance and is required to accommodate the technical needs of the fire code within the Virginia Administrative Code. Book 3, available on the Department of Housing and Community Development website, and the following summary provide details of the substantive changes.

Summary:

The group of substantive proposed changes to the Virginia Statewide Fire Prevention Code

(i) in 13VAC5-52-70, adds an operational permit for energy storage systems to Table 107.2; adds an operational permit for Industrial Additive Manufacturing to Table 107.2; and updates the state annual compliance inspection fees to correlate transfer of oversight for family day homes from the Department of Social Services to the Department of Education;

(ii) in 13VAC5-52-110, allows the option of transmitting a notice of violation via email if the responsible party is not on site;

(iii) in 13VAC5-52-180, requires electrical equipment, wiring, and systems to be operated and maintained in accordance with the section and the applicable building code; requires electrical equipment, wiring, devices, and appliances to be listed and labeled in accordance with the section and the applicable National Fire Protection Association (NFPA) 70 provisions; prohibits the use of electrical wiring, devices, equipment, and appliances that are modified or damaged and constitute an electrical shock or fire hazard, unless repaired or replaced in accordance with the applicable building code; and deletes International Fire Code (IFC) 2021 Section 610.1.1;

(iv) in 13VAC5-52-200, changes the name of the section to "Natural Decorative Vegetation in Buildings" and requires play structures to be maintained in accordance with the applicable building code;

(v) in 3VAC5-52-210, requires walls, ceilings, and ceiling tiles to be maintained in place where such components are required for proper operation of the fire protection system; requires fire protection systems subject to an annual inspection or test to be marked with an inspection tag or sticker indicating latest inspection status; requires the maintenance of fire protection and life safety systems in accordance with the original installation standards for that system; requires the existing fire protection and life safety systems to be maintained in operation during alterations of buildings or structures; and allows the signal produced at the fire alarm control unit to be a supervisory signal where an emergency alarm system is interfaced with a building's fire alarm system;

(vi) in 13VAC5-52-220, requires the means of egress to be maintained in accordance with the applicable building code and this chapter; requires egress courts serving as an exit discharge component in the means of egress system to be maintained in accordance with the applicable building code; and requires emergency supplemental hardware to be maintained in accordance with the conditions of their approval;

(vii) in 13VAC5-52-240, requires electrical wiring and equipment used in connection with energy systems to be maintained in accordance with this chapter, Section 603 of the IFC, and the applicable building code; reinstates IFC Section 1201.3 with minor amendments to account for the "applicable building code" and to correct the cited reference; requires the maintenance of standby power for mechanical exhaust ventilation systems, irrelevant of whether it was required by the applicable building code or provided voluntarily; and removes construction related provisions related to energy storage systems, only retaining maintenance and operational requirements;

(viii) in 13VAC5-52-270, requires openings in enclosed equipment and conveyors to be maintained such that they allow access to all parts of the equipment and conveyors to permit inspection, cleaning, maintenance, and the effective use of portable fire extinguishers or hose streams; prohibits the operation of electrical motors and components in dust-laden airstream, unless listed for locations in accordance with the applicable building code; and provides the minimum required separation between portable spark-producing devices and areas requiring classified electrical equipment;

(ix) in 13VAC5-52-360, adds new table to be used for determining the allowable location for LP-gas containers and tanks utilized in conjunction with tents and membrane structures;

(x) in 13VAC5-52-380, removes unenforceable construction provisions from Chapter 33 "Fire Safety During Construction" and correlates with the Virginia Construction Code and Virginia Existing Building Code;

(xi) in 13VAC5-52-440, requires systems and equipment used for the extraction of oils from plant material to be approved, listed, and labeled in accordance with the applicable building code and be operated and maintained in accordance with their listings and the manufacturer's instructions;

(xii) in 13VAC5-52-450, provides requirements applicable to the storage of distilled spirits and wines;

(xiii) in 13VAC5-52-480, expands the list of exemptions from compliance with the hazardous material provisions and increases the maximum allowable quantity per control area for Group M and Group S occupancies in buildings equipped throughout with an NFPA 13 sprinkler system;

(xiv) in 13VAC5-52-530, adds a new subsection and referenced standard for the sale or retail display of permissible fireworks;

(xv) in 13VAC5-52-540, revises the scoping provisions of the section to clarify that all alcohol-based hand rub dispensers, not just wall-mounted ones with Class I or Class II liquids are regulated under the SFPC and clarifies that normal and emergency vents, serving underground tanks (UT) temporarily out of service and UT out of service for 90 days must remain open and be maintained; and

(xvi) updates standards incorporated into the regulation by reference.

Chapter 52

Virginia Statewide Fire Prevention Code

Part I

General Regulations

13VAC5-52-10. Chapter 1 Administration; Section 101 Scope.

A. 101.1 Title. These regulations shall be known as the Virginia Statewide Fire Prevention Code (SFPC), hereinafter referred to as "this code" or "SFPC." The term "chapter" means a chapter in the SFPC. The SFPC was cooperatively developed by the Virginia Fire Services Board and the Virginia Board of Housing and Community Development.

B. 101.2 Scope. The SFPC prescribes regulations affecting or relating to maintenance of structures, processes, and premises and safeguards to be complied with for the protection of life and property from the hazards of fire or explosion and for the handling, storage, and use of fireworks, explosives, or blasting agents and provides for the administration and enforcement of such regulations. The SFPC also establishes regulations for obtaining permits for the manufacturing, storage, handling, use, or sales of explosives. Inspections under the SFPC are a governmental responsibility.

101.2.1 Provisions of this code shall not require modifications or installation of construction elements or systems required or regulated by the applicable building code. This shall be understood to not require installation if no system, appliance, device, etc. was previously installed under the applicable building code.

101.2.2 Where this code requires maintenance or a system, structure, appliance, etc. to be maintained it shall not be construed to be a requirement for installation through this code.

C. 101.3 Purpose. The purposes of the SFPC are to provide for statewide standards to safeguard life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems, and structures and from the unsafe storage, handling, and use of substances, materials, and devices, including explosives and blasting agents, wherever located.

D. 101.4 Validity. To the extent that any provisions of the SFPC or the referenced codes or standards are not within the scope of this chapter, those provisions are considered to be invalid. When any provision of the SFPC is found to be in conflict with the USBC, OSHA, or statute, that provision of the SFPC shall become invalid.

E. 101.5 Local regulations. Any local governing body may adopt fire prevention regulations that are more restrictive or more extensive in scope than the SFPC, provided such regulations do not affect the manner of construction or materials to be used in the erection, alteration, repair, or use of a building or structure as provided in the USBC, including the voluntary installation of smoke alarms and regulation and inspections thereof in commercial buildings where such smoke alarms are not required under the provisions of the SFPC.

F. 101.6 Nonresidential farm structures. Farm structures not used for residential purposes are exempt from the SFPC except when the inspection and enforcement provisions of the code are exercised by a warrant issued under the authority of §§ 27-98.2 through 27-98.5 of the Code of Virginia.

13VAC5-52-20. 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 that 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, codified as 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 that 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 II, Existing Buildings, Section 1101, comply with the provisions located therein.

13VAC5-52-30. 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 -- 2021 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, nonoperational permits not specifically required by Section 107.2, unsafe notices, disputes, condemnation, inspections, scope of enforcement, and all other procedural and administrative matters are deleted and replaced by the provisions of Chapter 1 of the SFPC.

Exception: The scope of referenced codes and standards referenced by the SFPC that relate to the maintenance, testing, and inspection requirements or limitations shall be enforceable.

E. 103.2.1 Other amendments. The SFPC contains provisions adopted by the Virginia Board of Housing and Community Development (BHCD), some of which delete, change, or amend provisions of the IFC and referenced standards. Where conflicts occur between such changed provisions and the unchanged provisions of the IFC and referenced standards, the provisions changed by the BHCD shall govern.

Note: The IFC and its referenced standards contain some areas of regulation outside of the scope of the SFPC, as established by the BHCD and under state law. Where conflicts have been readily noted, changes have been made to the IFC and its referenced standards to bring it within the scope of authority; however, in some areas, judgment will have to be made as to whether the provisions of the IFC and its referenced standards are fully applicable.

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

13VAC5-52-40. Section 104 Enforcement.

A. 104.1 Local enforcement. Any local government may enforce the SFPC following official action by such body. The official action shall (i) require compliance with the provisions of the SFPC in its entirety or with respect only to those provisions of the SFPC relating to open burning, fire lanes, fireworks, and hazardous materials and (ii) assign enforcement responsibility to any local agency of its choice. Any local governing body may establish such procedures or requirements as may be necessary for the administration and enforcement of this code. If a local governing body elects to enforce only those provisions of the SFPC relating to open burning, it may do so in all or in any designated geographic areas of its jurisdiction. The terms "enforcing agency" and "fire official" are intended to apply to any agency to which responsibility for enforcement of the SFPC has been assigned. The terms "building official" or "building department" are intended to apply only to the local building official or local building department.

B. 104.1.1 Enforcement of fireworks provisions by law-enforcement officers. In accordance with § 27-100.1 of the Code of Virginia, law-enforcement officers who are otherwise authorized to enforce certain provisions of this code shall not be subject to the certification requirements of Section 105.2 or 105.3.2.

C. 104.2 State enforcement. In accordance with § 27-98 of the Code of Virginia, the State Fire Marshal shall also have the authority, in cooperation with any local governing body, to enforce the SFPC. The State Fire Marshal shall also have authority to enforce the SFPC in those jurisdictions in which the local governments do not enforce the SFPC and may establish such procedures or requirements as may be necessary for the administration and enforcement of the SFPC in such jurisdictions.

D. 104.3 State structures. Every agency, commission, or institution of this Commonwealth, including all institutions of higher education, shall permit, at all reasonable hours, the fire official reasonable access to existing structures or a structure under construction or renovation for the purpose of performing an informational and advisory fire safety inspection. The fire official is permitted to submit, subsequent to performing such inspection, the fire official's findings and recommendations, including a list of corrective actions necessary to ensure that such structure is reasonably safe from the hazards of fire, to the appropriate official of such agency, commission, or institution and to the State Fire Marshal. Such agency, commission, or institution shall notify, within 60 days of receipt of such findings and recommendations, the State Fire Marshal and the fire official of the corrective measures taken to eliminate the hazards reported by the fire official. The State Fire Marshal shall have the same power in the enforcement of this section as is provided for in § 27-98 of the Code of Virginia. The State Fire Marshal may enter into an agreement as is provided for in § 9.1-208 of the Code of Virginia with any local enforcement agency that enforces the SFPC to enforce this section and to take immediate enforcement action upon verification of a complaint of an imminent hazard, such as a chained or blocked exit door, improper storage of flammable liquids, use of decorative materials, and overcrowding.

13VAC5-52-50. Section 105 Enforcing agency.

A. 105.1 Fire official. Each enforcing agency shall have an executive official in charge, hereinafter referred to as the "fire official."

Note: Fire officials are subject to sanctions in accordance with the Virginia Certification Standards (13VAC5-21).

B. 105.1.1 Appointment. The fire official shall be appointed in a manner selected by the local government having jurisdiction. After permanent appointment, the fire official shall not be removed from office except for cause after having been afforded a full opportunity to be heard on specific and relevant charges by and before the appointing authority.

C. 105.1.2 Notification of appointment. The appointing authority of the local governing body shall notify the Department of Housing and Community Development (DHCD) and the State Fire Marshal's Office (SFMO) within 30 days of the appointment or release of the permanent or acting fire official.

D. 105.1.3 Qualifications. The fire official shall have at least five years of fire-related experience as a firefighter, fire officer, licensed professional engineer or architect, fire or building inspector, contractor, or superintendent of fire protection-related or building construction or at least five years of fire-related experience after obtaining a degree in architecture or engineering, with at least three years in responsible charge of work. Any combination of education and experience that would confer equivalent knowledge and ability shall be deemed to satisfy this requirement. The fire official shall have general knowledge of sound engineering practice with respect to the design and construction of structures, the basic principles of fire prevention and protection, the accepted requirements for means of egress, and the installation of elevators and other service equipment necessary for the health, safety, and general welfare of the occupants and the public. The local governing body may establish additional qualification requirements.

E. 105.2 Certification. The permanent or acting fire official shall obtain certification from the BHCD in accordance with the Virginia Certification Standards (13VAC5-21) within one year after permanent or acting appointment.

Exception: A fire official appointed prior to April 1, 1994, continuously employed by the same local governing body as the fire official shall comply with required DHCD training under the Virginia Certification Standards (13VAC5-21).

F. 105.2.1 Noncertified fire official. Except for a fire official exempt from certification under the exception to Section 105.2, any acting or permanent fire official who is not certified as a fire official in accordance with the Virginia Certification Standards (13VAC5-21) shall attend the core module of the Virginia Building Code Academy or an equivalent course in an individual or regional code academy accredited by DHCD within 180 days of appointment. This requirement is in addition to meeting the certification requirement in Section 105.2.

G. 105.3 Technical assistant. The local governing body or its designee may utilize one or more technical assistants who, in the absence of the fire official, shall have the powers and perform the duties of the fire official.

Note: Technical assistants are subject to sanctions in accordance with the Virginia Certification Standards (13VAC5-21).

H. 105.3.1 Notification. The fire official shall notify the DHCD within 60 days of the employment, contract, or termination of all technical assistants for enforcement of the SFPC.

I. 105.3.2 Qualifications. A technical assistant shall have at least three years of experience and general knowledge in at least one of the following areas: fire protection, firefighting, electrical, building, plumbing, or mechanical trades. Any combination of education and experience that would confer equivalent knowledge and ability shall be deemed to satisfy this requirement. The locality may establish additional qualification requirements.

J. 105.3.3 Certification. All technical assistants employed by or under contract to an enforcing agency for enforcing the SFPC shall be certified in the appropriate subject area in accordance with the Virginia Certification Standards (13VAC5-21) within one and one-half years after permanent or acting appointment. When required by a locality to have two or more certifications, the remaining certifications shall be obtained within three years from the date of such requirement.

Exception: Any technical assistant continuously employed by or continuously under contract to the same enforcing agency for enforcing the SFPC since before April 1, 1994, shall be exempt from the provisions of this section; however, such exempt technical assistant shall comply with required DHCD training under Virginia Certification Standards (13VAC5-21).

Note: Continuing education and periodic training requirements for DHCD certifications are set out in the Virginia Certification Standards (13VAC5-21).

K. 105.4 Control of conflict of interest. The standards of conduct for officials and employees of the enforcing agency shall be in accordance with the provisions of the State and Local Government Conflict of Interests Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.

13VAC5-52-60. 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 Seventeen available from The Library of Virginia.

13VAC5-52-70. Section 107 Permits and fees.

A. 107.1 Prior notification. The fire official may require notification prior to (i) activities involving the handling, storage, or use of substances, materials, or devices regulated by the SFPC; (ii) conducting processes that produce conditions hazardous to life or property; or (iii) establishing a place of assembly.

B. 107.2 Permits required. Operational permits may be required by the fire official as permitted under the SFPC in accordance with Table 107.2, except that the fire official shall require permits for the manufacturing, storage, handling, use, and sale of explosives. In accordance with Section 5601.2.3.1, an application for a permit to manufacture, store, handle, use, or sell explosives shall only be made by a designated individual.

Exception: Such permits shall not be required for the storage of explosives or blasting agents by the Virginia Department of State Police, provided notification to the fire official is made annually by the Chief Arson Investigator listing all storage locations.

C. Add Table 107.2 as follows:

Table 107.2 OPERATIONAL PERMIT REQUIREMENTS (to be filled in by local jurisdiction)
Description					Permit Required (yes or no)	Permit Fee	Inspection Fee
Aerosol products. An operational permit is required to manufacture, store, or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
Amusement buildings. An operational permit is required to operate a special amusement building.
Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include hot work, hazardous materials, and flammable or combustible finishes.
Carnivals and fairs. An operational permit is required to conduct a carnival or fair.
Cellulose nitrate film. An operational permit is required to store, handle, or use cellulose nitrate film in a Group A occupancy.
Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices, or sugar or other operations producing combustible dusts as defined in Chapter 2.
Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: An operational permit is not required for agricultural storage.
Commercial cooking. An operational permit is required for the operation of commercial cooking appliances in occupancies other than assembly occupancies or dwellings.
Compressed gas. An operational permit is required for the storage, use, or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in this table. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Permit Amounts for Compressed Gases
Type of Gas			Amount (cubic feet at NTP)
Corrosive			200
Flammable (except cryogenic fluids and liquefied petroleum gases)			200
Highly toxic			Any Amount
Inert and simple asphyxiant			6,000
Oxidizing (including oxygen)			504
Pyrophoric			Any Amount
Toxic			Any Amount
For SI: 1 cubic foot = 0.02832 m3.
Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods, and similar items in the mall. 2. The display of liquid-fired or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall.
Cryogenic fluids. An operational permit is required to produce, store, transport onsite, use, handle, or dispense cryogenic fluids in excess of the amounts listed in this table. Exception: Operational permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
Permit Amounts for Cryogenic Fluids
Type of Cryogenic Fluid	Inside Building (gallons)			Outside Building (gallons)
Flammable	More than 1			60
Inert	60			500
Oxidizing (includes oxygen)	10			50
Physical or health hazard not indicated above	Any Amount			Any Amount
For SI: 1 gallon = 3.785 L.
Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.
Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment.
Energy storage systems. An operational permit is required for stationary and mobile energy storage systems regulated by Section 1207.
Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.
Explosives, fireworks, and pyrotechnics. An operational permit is required for the storage, handling, sale, or use of any quantity of explosive, explosive materials, fireworks, pyrotechnic special effects, or pyrotechnic special effects material within the scope of Chapter 56. Exception: Storage in Group R-3 or R-5 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale, and in accordance with the quantity limitations and conditions set forth in Section 5601.1, Exceptions 4 and 12.
Explosives, restricted manufacture. An operational permit is required for the restricted manufacture of explosives within the scope of Chapter 56.
Explosives, unrestricted manufacture. An operational permit is required for the unrestricted manufacture of explosives within the scope of Chapter 56.
Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes that are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves.
Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall neither apply to the offsite transportation in pipelines regulated by the U.S. Department of Transportation (DOTn) nor to piping systems. 2. To store, handle, or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:
2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.2. The storage or use of paints, oils, varnishes, or similar flammable mixtures when such liquids are stored for maintenance, painting, or similar purposes for a period of not more than 30 days.
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. 4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary onsite pumps normally used for dispensing purposes. 5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries, and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed, or used. 6. To install, alter, remove, abandon, place temporarily out of service (for more than 90 days), or otherwise dispose of an underground, protected aboveground, or aboveground flammable or combustible liquid tank. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 8. To manufacture, process, blend, or refine flammable or combustible liquids.
Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.
Fruit and crop ripening. An operational permit is required to operate a fruit- ripening or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.
Fumigation, thermal, and insecticidal fogging. An operational permit is required to operate a business of fumigation, thermal, or insecticidal fogging and to maintain a room, vault, or chamber in which a toxic or flammable fumigant is used.
Hazardous materials. An operational permit is required to store, transport onsite, dispense, use, or handle hazardous materials in excess of the amounts listed in this table.
Permit Amounts for Hazardous Materials
Type of Material		Amount
Combustible liquids		See flammable and combustible liquids
Corrosive materials
Gases		See compressed gases
Liquids		55 gallons
Solids		1000 pounds
Explosive materials		See explosives
Flammable materials
Gases		See compressed gases
Liquids		See flammable and combustible liquids
Solids		100 pounds
Highly toxic materials
Gases		See compressed gases
Liquids		Any amount
Solids		Any amount
Oxidizing materials
Gases		See compressed gases
Liquids
Class 4		Any amount
Class 3		1 gallon a
Class 2		10 gallons
Class 1		55 gallons
Solids
Class 4		Any amount
Class 3		10 pounds b
Class 2		100 pounds
Class 1		500 pounds
Organic peroxides
Liquids
Class I		Any amount
Class II		Any amount
Class III		1 gallon
Class IV		2 gallons
Class V		No permit required
Solids
Class I		Any amount
Class II		Any amount
Class III		10 pounds
Class IV		20 pounds
Class V		No permit required
Pyrophoric materials
Gases		See compressed gases
Liquids		Any amount
Solids		Any amount
Toxic materials
Gases		See compressed gases
Liquids		10 gallons
Solids		100 pounds
Unstable (reactive) materials
Liquids
Class 4		Any amount
Class 3		Any amount
Class 2		5 gallons
Class 1		10 gallons
Solids
Class 4		Any amount
Class 3		Any amount
Class 2		50 pounds
Class 1		100 pounds
Water reactive materials
Liquids
Class 3		Any amount
Class 2		5 gallons
Class 1		55 gallons
Solids
Class 3		Any amount
Class 2		50 pounds
Class 1		500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. a. 20 gallons when Section 5003.1.1 applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less. b. 200 pounds when Section 5003.1.1 applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less.
HPM facilities. An operational permit is required to store, handle, or use hazardous production materials.
High piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2).
Hot work operations. An operational permit is required for hot work, including: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or to hot work operations under their supervision.
Industrial additive manufacturing: An operational permit is required to conduct additive manufacturing operations regulated by Section 320.3.
Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30.
Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
Liquid-fueled or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid-fueled or gas-fueled vehicles or equipment in assembly buildings.
LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exception: An operational permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons (1893 L), serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas.
Magnesium. An operational permit is required to melt, cast, heat treat, or grind more than 10 pounds (4.54 kg) of magnesium.
Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork, or similar combustible material.
Mobile food preparation vehicles. A permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease laden vapors. Exception: Recreational vehicles used for private recreation.
Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires.
Open flames and candles. An operational permit is required to use open flames or candles in connection with assembly areas or dining areas of restaurants or drinking establishments.
Open flames and torches. An operational permit is required to remove paint with a torch or to use a torch or open-flame device in a wildfire risk area.
Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.
Places of assembly. An operational permit is required to operate a place of assembly.
Plant extraction systems. An operational permit is required to use plant extraction systems.
Private fire hydrants. An operational permit is required for the removal from service, use, or operation of private fire hydrants. Exception: An operational permit is not required for private industry with trained maintenance personnel, private fire brigade, or fire departments to maintain, test, and use private hydrants.
Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material.
Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics.
Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.
Repair garages and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations.
Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.
State-regulated care facilities. An operational permit is required for the operation of a state-regulated care facility where inspection by the fire official is required by state licensing regulations.
Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24.
Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct, or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts.
Temporary membrane structures and tents. An operational permit is required to operate an air-supported temporary membrane structure or a tent. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or fewer persons.
Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.
Waste handling. An operational permit is required for the operation of wrecking yards, junk yards, and waste material-handling facilities.
Wood products. An operational permit is required to store chips, hogged material, lumber, or plywood in excess of 200 cubic feet (6 m3).

D. 107.3 Application for permit. Application for a permit shall be made on forms prescribed by the fire official.

E. 107.4 Issuance of permits. Before a permit is issued, the fire official shall make such inspections or tests as are necessary to ensure that the use and activities for which application is made comply with the provisions of this code.

F. 107.5 Conditions of permit. A permit shall constitute permission to store or handle materials or to conduct processes in accordance with the SFPC and shall not be construed as authority to omit or amend any of the provisions of this code. Permits shall remain in effect until revoked or for such period as specified on the permit. Permits are not transferable.

G. 107.6 Annual. The enforcing agency may issue annual permits for the manufacturing, storage, handling, use, or sales of explosives to any state regulated public utility.

H. 107.7 Approved plans. Plans approved by the fire official are approved with the intent that they comply in all respects to this code. Any omissions or errors on the plans do not relieve the applicant of complying with all applicable requirements of this code.

I. 107.8 Posting. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire official.

J. 107.9 Suspension of permit. A permit shall become invalid if the authorized activity is not commenced within six months after issuance of the permit or if the authorized activity is suspended or abandoned for a period of six months after the time of commencement.

K. 107.10 Local fees. In accordance with § 27-98 of the Code of Virginia, fees may be levied by the local governing body in order to defray the cost of enforcement and appeals under the SFPC. However, for the city of Chesapeake no fee charged for the inspection of any place of religious worship designated as Assembly Group A-3 shall exceed $50. For purposes of this section, "defray the cost" may include the fair and reasonable costs incurred for such enforcement during normal business hours but shall not include overtime costs, unless conducted outside of the normal working hours established by the locality. A schedule of such costs shall be adopted by the local governing body in a local ordinance. A locality shall not charge an overtime rate for inspections conducted during the normal business hours established by the locality. Nothing herein shall be construed to prohibit a private entity from conducting such inspections, provided the private entity has been approved to perform such inspections in accordance with the written policy of the fire official for the locality.

L. 107.11 State Fire Marshal's Office permit fees for explosives, blasting agents, theatrical flame effects, and fireworks. Complete permit applications shall be submitted to and received by the State Fire Marshal's Office not less than 15 days prior to the planned use or event. A $500 expedited handling fee will be assessed on all permit applications submitted less than 15 days prior to the planned use or event. Inspection fees will be assessed at a rate of $60 per staff member per hour during normal business hours (Monday through Friday, 8:30 a.m. to 4:30 p.m.) and at a rate of $90 per hour at all other times (nights, weekends, holidays). State Fire Marshal's Office permit fees shall be as follows:

1. Storage of explosives and blasting agents, 12-month permit $250 first magazine, plus $150 per each additional magazine on the same site.

2. Use of explosives and blasting agents, nonfixed site, six-month permit $250 per site, plus inspection fees.

3. Use of explosives and blasting agents, fixed site, 12-month permit $250 per site.

4. Sale of explosives and blasting agents, 12-month permit $250 per site.

5. Manufacture explosives (unrestricted), blasting agents, and fireworks, 12-month permit $250 per site.

6. Manufacture explosives (restricted), 12-month permit $20 per site.

7. Fireworks display in or on state-owned property $300 plus inspection fees.

8. Pyrotechnics or proximate audience displays in or on state-owned property $300 plus inspection fees.

9. Flame effects in or on state-owned property $300 plus inspection fees.

10. Flame effects incidental to a permitted pyrotechnics display $150 (flame effects must be individual or group effects that are attended and manually controlled).

Exception: Permit fees shall not be required for the storage of explosives or blasting agents by state and local law-enforcement and fire agencies.

M. 107.12 State annual compliance inspection fees. Fees for compliance inspections performed by the State Fire Marshal's Office shall be as follows:

1. Nightclubs.

1.1. $350 for occupant load of 100 or less.

1.2. $450 for occupant load of 101 to 200.

1.3. $500 for occupant load of 201 to 300.

1.4. $500 plus $50 for each 100 occupants where occupant loads exceed 300.

2. Private college dormitories with or without assembly areas. If containing assembly areas, such assembly areas are not included in the computation of square footage.

2.1. $150 for 3500 square feet or less.

2.2. $200 for greater than 3500 square feet up to 7000 square feet.

2.3. $250 for greater than 7000 square feet up to 10,000 square feet.

2.4. $250 plus $50 for each additional 3000 square feet where square footage exceeds 10,000.

3. Assembly areas that are part of private college dormitories.

3.1. $50 for 10,000 square feet or less provided the assembly area is within or attached to a dormitory building.

3.2. $100 for greater than 10,000 square feet up to 25,000 square feet provided the assembly area is within or attached to a dormitory building, such as gymnasiums, auditoriums, or cafeterias.

3.3. $100 for up to 25,000 square feet provided the assembly area is in a separate or separate buildings, such as gymnasiums, auditoriums, or cafeterias.

3.4. $150 for greater than 25,000 square feet for assembly areas within or attached to a dormitory building or in a separate building, such as gymnasiums, auditoriums, or cafeterias.

4. Hospitals.

4.1. $300 for 1 to 50 beds.

4.2. $400 for 51 to 100 beds.

4.3. $500 for 101 to 150 beds.

4.4. $600 for 151 to 200 beds.

4.5. $600 plus $100 for each additional 100 beds where the number of beds exceeds 200.

5. State-regulated care facilities:

5.1 Facilities licensed by the Virginia Department of Social Services based on licensed capacity as follows:

5.1.1. $50 for 1 to 8.

5.1.2. $75 for 9 to 20.

5.1.3. $100 for 21 to 50.

5.1.4. $200 for 51 to 100.

5.1.5. $300 for 101 to 150.

5.1.6. $400 for 151 to 200.

5.1.7. $500 for 201 or more.

Exception: Annual compliance inspection fees for any building or group of buildings on the same site may not exceed $2500.

5.2 Family Day Homes licensed by the Department of Education based on licensed capacity as follows:

5.2.1. $50 for 1 to 8.

5.2.2. $75 for 9 to 20.

5.2.3. $100 for 21 to 50.

5.2.4. $200 for 51 to 100.

5.2.5. $300 for 101 to 150.

5.2.6. $400 for 151 to 200.

5.2.7. $500 for 201 or more.

Exception: Annual compliance inspection fees for any building or group of buildings on the same site may not exceed $2500.

6. Registered complaints.

6.1. No charge for first visit (initial complaint), and if violations are found.

6.2. $51 per hour for each State Fire Marshal's office staff for all subsequent visits.

7. Bonfires (small and large) on state-owned property.

7.1. For a small bonfire pile with a total fuel area more than three feet in diameter and more than two feet in height, but not more than nine feet in diameter and not more than six feet in height, the permit fee is $50. If an application for a bonfire permit is received by the State Fire Marshal's Office less than 15 days prior to the planned event, the permit fee shall be $100. If an application for a bonfire permit is received by the State Fire Marshal's Office less than seven days prior to the planned event, the permit fee shall be $150.

7.2. For a large bonfire pile with a total fuel area more than nine feet in diameter and more than six feet in height, the permit fee is $150. If an application for a bonfire permit is received by the State Fire Marshal's Office less than 15 days prior to the planned event, the permit fee shall be $300. If an application for a bonfire permit is received by the State Fire Marshal's Office less than seven days prior to the planned event, the permit fee shall be $450.

N. 107.13 Fee schedule. The local governing body may establish a fee schedule. The schedule shall incorporate unit rates, which may be based on square footage, cubic footage, estimated cost of inspection, or other appropriate criteria.

O. 107.14 Payment of fees. A permit shall not be issued until the designated fees have been paid.

Exception: The fire official may authorize delayed payment of fees.

P. 107.14.1 State Fire Marshal's Office certification and permit fees not refundable. No refund of any part of the amount paid as a permit or certification fee will be made where the applicant or permit or certification holder, for any reason, discontinued an activity, changed conditions, or changed circumstances for which the permit or certification was issued. However, the permit or certification fee submitted with an application will be refunded if the permit or certification is canceled, revoked, or suspended subsequent to having been issued through administrative error or if a permit being applied for is to be obtained from a locally appointed fire official.

13VAC5-52-80. Section 108 Operational permits.

A. 108.1 General. Operational permits shall be in accordance with Section 108. The fire official may require notification prior to (i) activities involving the handling, storage, or use of substances, materials, or devices regulated by the SFPC; (ii) conducting processes that produce conditions hazardous to life or property; or (iii) establishing a place of assembly.

B. 108.1.1 Permits required. Operational permits may be required by the fire official in accordance with Table 107.2. The fire official shall require operational permits for the manufacturing, storage, handling, use, and sale of explosives. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire official.

Exceptions:

1. Operational permits will not be required by the State Fire Marshal except for the manufacturing, storage, handling, use, and sale of explosives in localities not enforcing the SFPC.

2. Operational permits will not be required for the manufacturing, storage, handling, or use of explosives or blasting agents by the Virginia Department of State Police provided notification to the fire official is made annually by the Chief Arson Investigator listing all storage locations.

C. 108.1.2 Duration of operational permits. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 108.1.1 for either:

1. A prescribed period.

2. Until renewed, suspended, or revoked.

D. 108.1.3 Operational permits for the same location. When more than one operational permit is required for the same location, the fire official is authorized to consolidate such permits into a single permit provided that each provision is listed in the permit.

E. 108.2 Application. Application for an operational permit required by this code shall be made to the fire official in such form and detail as prescribed by the fire official. Applications for permits shall be accompanied by such plans as prescribed by the fire official.

F. 108.2.1 Refusal to issue permit. If the application for an operational permit describes a use that does not conform to the requirements of this code and other pertinent laws and ordinances, the fire official shall not issue a permit but shall return the application to the applicant with the refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reasons for refusal.

G. 108.2.2 Inspection authorized. Before a new operational permit is approved, the fire official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces, or areas to be used to determine compliance with this code or any operational constraints required.

H. 108.2.3 Time limitation of application. An application for an operational permit for any proposed work or operation shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the fire official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each if there is reasonable cause.

I. 108.2.4 Action on application. The fire official shall examine or cause to be examined applications for operational permits and amendments thereto within a reasonable time after filing. If the application does not conform to the requirements of pertinent laws, the fire official shall reject such application in writing, stating the reasons. If the fire official is satisfied that the proposed work or operation conforms to the requirements of this code and laws and ordinances applicable thereto, the fire official shall issue a permit as soon as practicable.

J. 108.3 Conditions of a permit. An operational permit shall constitute permission to maintain, store, or handle materials or to conduct processes in accordance with the SFPC and shall not be construed as authority to omit or amend any of the provisions of this code.

Note: The building official issues permits to install equipment utilized in connection with such activities or to install or modify any fire protection system or equipment or any other construction, equipment installation, or modification.

K. 108.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or revoked for such a period of time as specified in the permit. Permits are not transferable, and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued.

L. 108.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 90 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.

M. 108.3.3 Annual. The enforcing agency may issue annual operational permits for the manufacturing, storage, handling, use, or sales of explosives to any state regulated public utility.

N. 108.3.4 Suspension of permit. An operational permit shall become invalid if the authorized activity is not commenced within six months after issuance of the permit or if the authorized activity is suspended or abandoned for a period of six months after the time of commencement.

O. 108.3.5 Posting. Issued operational permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire official.

P. 108.3.6 Compliance with code. The issuance or granting of an operational permit shall not be construed to be a permit for or an approval of any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Operational permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on other data shall not prevent the fire official from requiring the correction of errors in the provided documents and other data. Any addition to or alteration of approved provided documents shall be approved in advance by the fire official, as evidenced by the issuance of a new or amended permit.

Q. 108.3.7 Information on the permit. The fire official shall issue all operational permits required by this code on an approved form furnished for that purpose. The operational permit shall contain a general description of the operation or occupancy and its location and any other information required by the fire official. Issued permits shall bear the original or electronic signature of the fire official or other designee approved by the fire official.

R. 108.4 Revocation. The fire official is authorized to revoke an operational permit issued under the provisions of this code when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or documents on which the permit or approval was based including any one of the following:

1. The permit is used for a location or establishment other than that for which it was issued.

2. The permit is used for a condition or activity other than that listed in the permit.

3. Conditions and limitations set forth in the permit have been violated.

4. Inclusion of any false statements or misrepresentations as to a material fact in the application for permit or plans submitted or a condition of the permit.

5. The permit is used by a different person or firm than the person or firm for which it was issued.

6. The permittee failed, refused, or neglected to comply with orders or notices duly served in accordance with the provisions of this code within the time provided therein.

7. The permit was issued in error or in violation of an ordinance, a regulation, or this code.

13VAC5-52-90. 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, or endanger life or for 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 310.2 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 that 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 that 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.

13VAC5-52-100. Section 110 Unsafe conditions.

A. 110.1 General. The fire official shall order the following dangerous or hazardous conditions or materials found to be noncompliant with provisions found within the subsequent sections of this code to be removed or remedied in accordance with the SFPC:

1. Dangerous conditions that are liable to cause or contribute to the spread of fire in or on such premises, building, or structure, or to endanger the occupants thereof.

2. Conditions that would interfere with the efficiency and use of any fire protection equipment.

3. Obstructions to or on fire escapes, stairs, passageways, doors, or windows that are liable to interfere with the egress of occupants or the operation of the fire department in case of fire.

4. Accumulations of dust or waste material in air conditioning or ventilating systems or grease in kitchen or other exhaust ducts.

5. Accumulations of grease on kitchen cooking equipment or oil, grease, or dirt upon, under, or around any mechanical equipment.

6. Accumulations of rubbish, waste, paper, boxes, shavings, or other combustible materials or excessive storage of any combustible material.

7. Hazardous conditions arising from defective or improperly used or installed electrical wiring, equipment, or appliances.

8. Hazardous conditions arising from defective or improperly used or installed equipment for handling or using combustible, explosive, or otherwise hazardous materials.

9. Dangerous or unlawful amounts of combustible, explosive, or otherwise hazardous materials.

10. All equipment, materials, processes, or operations that are in violation of the provisions and intent of this code.

B. 110.2 Maintenance. The owner shall be responsible for the safe and proper maintenance of any structure, premises, or lot. In all structures, the fire protection equipment, means of egress, alarms, devices, and safeguards shall be maintained in a safe and proper operating condition as required by the SFPC and applicable referenced standards.

C. 110.3 Occupant responsibility. If a building occupant creates conditions in violation of this code by virtue of storage, handling, and use of substances, materials, devices, and appliances, such occupant shall be held responsible for the abatement of such hazardous conditions.

D. 110.4 Unsafe structures. All structures that are or shall hereafter become unsafe or deficient in adequate exit facilities, that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or by reason of illegal or improper use, occupancy, or maintenance or that have sustained structural damage by reason of fire, explosion, or natural disaster shall be deemed unsafe structures. A vacant structure or portion of a structure unguarded or open at door or window shall be deemed a fire hazard and unsafe within the meaning of this code. Unsafe structures in violation of the applicable building code shall be reported to the building official or building maintenance official who shall take appropriate action under the provisions of the USBC to secure abatement. Subsequently, the fire official may request the legal counsel of the local governing body to institute the appropriate proceedings for an injunction against the continued use and occupancy of the structure until such time as conditions have been remedied.

E. 110.5 Evacuation. When, in the fire official's opinion, there is actual and potential danger to the occupants or those in the proximity of any structure or premises because of unsafe structural conditions; inadequacy of any means of egress, the presence of explosives, explosive fumes, or vapors; or the presence of toxic fumes, gases, or materials, the fire official may order the immediate evacuation of the structure or premises. All notified occupants shall immediately leave the structure or premises, and no person shall enter until authorized by the fire official.

F. 110.6 Unlawful continuance. Any person who refuses to leave, interferes with the evacuation of other occupants, or continues any operation after having been given an evacuation order shall be in violation of this code.

Exception: Any person performing work directed by the fire official to be performed to remove an alleged violation or unsafe condition.

13VAC5-52-110. Section 111 Violations.

A. 111.1 Notice. When the fire official discovers an alleged violation of a provision of the SFPC or other codes or ordinances under the fire official's jurisdiction, the fire official shall prepare a written notice citing the section allegedly violated, describing the condition deemed unsafe, and specifying time limitations for the required abatements to be made to render the structure or premises safe and secure.

B. 111.1.1 Right of appeal. Notices of violation issued under Section 111.1 shall indicate the right of appeal by referencing the appeals section of this code.

Exceptions:

1. Summons issued in lieu of a notice of violation in accordance with Section 111.5 of this code.

2. Documents reflecting uncorrected violations in subsequent inspections to verify compliance.

C. 111.2 Service. The written notice of violation of this code shall be served upon the owner, a duly authorized agent, or the occupant or other person responsible for the conditions under violation. Such notice shall be served either by delivering a copy of same to such persons by mail to the last known post office address; by delivering in person; by delivering it to and leaving it in the possession of any person in charge of the premises; in the case such person is not found upon the premises, by affixing a copy thereof in a conspicuous place at the entrance door or avenue of access; or by transmitting to a valid electronic mailbox. Such procedure shall be deemed the equivalent of personal notice. When the owner is not the responsible party to whom the notice of violation or correction notice is issued, a copy of the notice shall also be delivered to the owner or owner's agent.

D. 111.3 Failure to correct violations. If the notice of violation is not complied with within the time specified, the fire official shall request the legal counsel of the local governing body to institute the appropriate legal proceedings to restrain, correct, or abate such alleged violation.

E. 111.4 Penalty. Penalties upon conviction of violating the SFPC shall be as set out in § 27-100 of the Code of Virginia.

F. 111.5 Summons. When authorized and certified in accordance with § 27-34.2 of the Code of Virginia, the fire official may, subject to any limitations imposed by the local governing body, issue a summons in lieu of a notice of violation. Fire officials not certified in accordance with § 27-34.2 of the Code of Virginia may request the law-enforcement agency of the local governing body to make arrests for any alleged violations of the SFPC or orders affecting the immediate public safety.

13VAC5-52-120. Section 112 Appeals.

A. 112.1 Local Board of Fire Prevention Code Appeals (LBFPCA). Each local governing body that enforces the SFPC shall have a LBFPCA to hear appeals as authorized herein or it shall enter into an agreement with the governing body of another county or municipality, with some other agency, or with a state agency approved by the DHCD to act on appeals. An appeal case decided by some other approved agency shall constitute an appeal in accordance with this section and shall be final unless appealed to the State Review Board.

B. 112.2 Membership. The LBFPCA shall consist of at least five members appointed by the local governing body and having terms of office established by written policy. Alternate members may be appointed to serve in the absence of any regular members and, as such, shall have the full power and authority of the regular members. Regular and alternate members may be reappointed. Written records of current membership, including a record of the current chairman and secretary, shall be maintained in the office of the local governing body. In order to provide continuity, the terms of the members may be of different length so that less than half will expire in any one-year period. The LBFPCA shall meet as necessary to ensure a duly constituted board, appoint officers as necessary, and receive such training on the code as may be appropriate or necessary from staff of the locality.

C. 112.2.1 Chairman. The LBFPCA shall annually select one of its regular members to serve as chairman. In case of the absence of the chairman at a hearing, the members present shall select an acting chairman.

D. 112.2.2 Secretary. The local governing body shall appoint a secretary to the LBFPCA to maintain a detailed record of all proceedings.

E. 112.3 Qualifications of members LBFPCA. Members shall be selected by the local governing body on the basis of their ability to render fair and competent decisions regarding application of the SFPC and shall, to the extent possible, represent different occupational or professional fields relating to building construction or fire prevention. At least one member should be an experienced builder and one member a licensed professional engineer or architect. Employees or officials of the local governing body shall not serve as members of the LBFPCA.

F. 112.4 Disqualification of member. A member shall not hear an appeal in which that member has conflict of interest in accordance with the State and Local Government Conflict of Interests Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.

G. 112.5 Application for appeal. The owner of a structure, the owner's agent, or any other person involved in the maintenance of the structure or activity may appeal a decision of the fire official concerning the application of the SFPC or the fire official's refusal to grant modification under Section 106.5 to the provisions of the SFPC. The appeal shall first lie to the LBFPCA and then to the State Review Board, except that appeals concerning the application of the SFPC or refusal to grant modifications by the State Fire Marshal shall be made directly to the State Review Board. The appeal shall be submitted to the LBFPCA within 14 calendar days of the application of the SFPC. The application shall contain the name and address of the owner of the structure and the person appealing if not the owner. A copy of the written decision of the fire official shall be submitted along with the application for appeal and maintained as part of the record. The application shall be stamped or otherwise marked by the LBFPCA to indicate the date received. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of the fire official's decision.

Note: In accordance with § 27-98 of the Code of Virginia, any local fire code may provide for an appeal to a local board of appeals. If no local board of appeals exists, the State Review Board shall hear appeals of any local fire code violation.

H. 112.6 Notice of meeting. The LBFPCA shall meet within 30 calendar days after the date of receipt of the application for appeal. Notice indicating the time and place of the hearing shall be sent to the parties in writing to the addresses listed on the application at least 14 calendar days prior to the date of the hearing. Less notice may be given if agreed upon by the applicant.

I. 112.7 Hearing procedures. All hearings before the LBFPCA shall be open to the public. The appellant, the appellant's representative, the local governing body's representative, and any person whose interests are affected shall be given an opportunity to be heard. The chairman shall have the power and duty to direct the hearing, rule upon the acceptance of evidence, and oversee the record of all proceedings.

J. 112.7.1 Postponement. When a quorum of the LBFPCA is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. The LBFPCA shall reschedule the appeal within 30 calendar days of the postponement.

K. 112.8 Decision. The LBFPCA shall have the power to uphold, reverse or modify the decision of the fire official by a concurring vote of a majority of those present. Decisions of the LBFPCA shall be final if no appeal is made therefrom and the appellant and the fire official shall act accordingly.

L. 112.8.1 Resolution. The LBFPCA's decision shall be explained in writing, signed by the chairman, and retained as part of the record by the LBFPCA. Copies of the written decision shall be furnished to all parties. The following wording shall be part of the written decision: "Any person who was a party to the appeal may appeal to the State Building Code Technical Review Board (State Review Board) by submitting an application to the State Review Board within 21 calendar days upon receipt by certified mail of the written decision. Application forms are available from the Office of the State Review Board, 600 East Main Street, Richmond, Virginia 23219, (804) 371-7150."

M. 112.9 Appeal to the State Review Board. After final determination by the LBFPCA, any person who was a party to the local appeal may appeal to the State Review Board. In accordance with § 36-114 of the Code of Virginia, the State Review Board shall have the power and duty to hear all appeals from decisions arising under the application of the SFPC and to render its decision on any such appeal, which decision shall be final if no appeal is made therefrom. Application shall be made to the State Review Board within 21 calendar days of receipt of the decision to be appealed. Application for appeal to the State Review Board arising from the SFMO's enforcement of the code or from any local fire code violation if no local board of appeals exists shall be made to the State Review Board within 14 calendar days of receipt of the decision to be appealed and shall be accompanied by copies of the fire official's decision and the written decision of the LBFPCA shall be submitted with the application for appeal. Upon request by the office of the State Review Board, the LBFPCA shall submit a copy of all inspection reports and all pertinent information from the record of the LBFPCA. Failure to submit an application for appeal within the time limit established by this section shall constitute an acceptance of the LBFPCA's resolution or fire official's decision. Procedures of the State Review Board are in accordance with Article 2 (§ 36-108 et seq.) of Chapter 6 of Title 36 of the Code of Virginia.

N. 112.10 Hearing and decision. All hearings before the State Review Board shall be open meetings, and the chair shall have the power and duty to direct the hearing, rule upon the acceptance of evidence, and oversee the record of all proceedings. The State Review Board shall have the power to uphold, reverse, or modify the decision of the LBFPCA by a concurring vote of a majority of those present. Proceedings of the State Review Board shall be governed by the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that an informal conference pursuant to § 2.2-4019 of the Code of Virginia shall not be required. Decisions of the State Review Board shall be final if no further appeal is made. The decision of the State Review Board shall be explained in writing, signed by the chair, and retained as part of the record of the appeal. Copies of the written decision shall be sent to all parties by certified mail. In addition, the written decision shall contain the following wording: "As provided by Rule 2A:2 of the Supreme Court of Virginia, you have thirty (30) days from the date of service (the date you actually received this decision or the date it was mailed to you, whichever occurred first) within which to appeal this decision by filing a Notice of Appeal with the Secretary of the Review Board. In the event that this decision is served on you by mail, three (3) days are added to that period."

Part II

Technical Amendments

13VAC5-52-130. Application of Part II.

The changes in this part shall be made to the model codes and standards as indicated in this chapter for use as part of the SFPC.

13VAC5-52-140. 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.

Cooking tent. A structure, enclosure, or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects and that contains cooking equipment that utilize open flames or produce smoke or grease laden vapors for the purpose of preparing and serving food to the public.

Design. For the purposes of a fireworks display, either inside a building or structure or outdoors, design 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.

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.

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 of entertainment; serves alcoholic beverages; and provides music and space for dancing.

Outdoor fireplace. A portable or permanent, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. An outdoor fireplace may be open in design with a spark arrester or may be equipped with a small hearth opening and a short chimney or chimney opening in the top with a combustion chamber of not more than 36 inches in diameter by 24 inches in height size.

Permissible fireworks. Any fountains 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 and is comprised of two or more components in presized quantities of one pound (0.453592 kg) or less that are advertised, and the two are 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 the person's or individual's 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.

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

State regulated care facility or SRCF. A building 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, the Virginia Department of Health, 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. 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.

Building. A combination of materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons, or property. The word "building" shall be construed as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. "Building" shall not include roadway tunnels and bridges owned by the Virginia Department of Transportation, which shall be governed by construction and design standards approved by the Commonwealth Transportation Board.

Change of occupancy. Either of the following shall be considered a change of occupancy where the current Virginia Construction Code (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.

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.

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 DOTn for Fireworks, UN0336, and the U.S. Consumer Product Safety Commission (CSPC) 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 firecrackers containing more than 130 milligrams (two 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, covered trailers, carts, and enclosed trailers, or other moveable devices capable of being able to be occupied by persons during cooking operations and that contain cooking equipment that utilize open flames or are capable of producing 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.

13VAC5-52-150. 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, 315, and 319.

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:

3D Printer.

Additive Manufacturing.

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:

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:

304.1.3 Space underneath seats. Spaces underneath grandstand and bleacher seats shall be kept free from combustible and flammable materials.

Exception: Where enclosed by fire-resistance-rated construction or otherwise approved in accordance with 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 of combustible materials with a peak rate of heat release not exceeding 300 kW/m²w where tested in accordance with ASTM E1354 at an incident heat flux of 50 kW/m²w in the horizontal orientation.

Exception: Wastebaskets complying with Section 808.

4. Change Exception 1 (Exceptions 2 and 3 remain) of Section 304.3.3 to read:

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

5. Change Exception 1 (Exception 2 remains) of Section 304.3.4 to read:

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

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 308.1.6 to read:

308.1.6 Open-flame devices. Torches and other devices, machines, or processes liable to start or cause fire shall not be operated or used in or upon wildfire risk areas, except by a permit in accordance with Section 107.2 secured from the fire code official.

2. Change Section 308.2 (Items 1 through 3 remain) 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:

3. Change Exception 2 (Exceptions 1 and 3 remain) of Section 308.3 to read:

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

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

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.

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.

3. Change Exception 1 (Exception 2 remains) of Section 311.3 to read:

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.

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.

5. Change Item 2 (Items 1, 3, and 4 remain) of Section 311.6 to read:

2. Where provided, fire rated separations from the adjoining tenant spaces shall be maintained in accordance with Chapter 7.

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 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.

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 315.4.1 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.

4. Change Section 315.6 to read:

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 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.

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, Landscaped Roofs:

1. Change Section 317.1 to read:

317.1 General. Landscaped roofs shall be maintained in accordance with Sections 317.2 through 317.5.

2. Change Section 317.2 to read:

317.2 Landscaped roof size. Landscaped roof areas shall not exceed the size approved in accordance with the applicable building code.

3. Change Section 317.3 to read:

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

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

Change Exception 1 (Exception 2 remains) of Section 318.1 to read:

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

N. Change Section 319, Mobile Food Preparation Vehicles, 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.

319.1.1 Wheel chocks. Wheel chocks shall be used to prevent mobile food preparation vehicles from moving.

319.1.2 Separation. Mobile food preparation vehicles shall be separated from buildings or structures, combustible materials, vehicles, and other cooking operations by a minimum of 10 ft. (3m).

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

319.2.1 Permit authority having jurisdiction (AHJ). The enforcing agent of a permit requirement on a mobile food preparation vehicle (MFPV) shall be the appointed fire official for the Virginia local government to which the food truck is identified for personal property tax payment of the vehicle. If no such entity exists, if the local government has elected to not enforce this section of the SFPC, or if the MFPV is housed out of state, then it shall be the State Fire Marshal's Office (SFMO) or designee.

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 904.3.1.

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

13VAC5-52-160. 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 (SRCF). 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, 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 the exception to Section 403.7.3.4 to read:

Exception: An employee shall not be required to be within three floors or 300 feet (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 403.9 to read:

403.9 Group R occupancies. Group R occupancies shall comply with Sections 403.9.1.1 through 403.9.4.

5. Add Section 403.9.4 to read:

403.9.4 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 breakfasts and other transient boarding facilities that are either proprietor or nonproprietor occupied.

6. Change Section 403.10 to read:

403.10 Special uses. Special uses shall be in accordance with Sections 403.10.1 through 403.10.6.

7. Change Section 403.10.1.4 to read:

403.10.1.4 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 403.10.6 to read:

403.10.6 SRCF. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for SRCFs.

C. The following 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, evacuation and lockdown 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 and lockdown 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 Groups R-3 and R-5 bed and breakfasts 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. Add an exception to Section 405.1 to read:

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 405.3 and change Footnote b to read:

Group or Occupancy	Frequency	Participation
Group R SRCF except hospice	Monthly	All occupants

b. Emergency evacuation drills in Group R-2 college and university buildings shall be in accordance with Section 403.9.2.1. Emergency evacuation drills are required in Group R-2 occupancies that are designed or developed and marketed to senior citizens 55 years of age or older in accordance with 42 USC § 3607(b)(2). Other Group R-2 occupancies do not require routine emergency evacuation drills but shall be in accordance with Section 403.9.2.2.

3. Add Section 405.3.1 to read:

405.3.1 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.

F. The following changes shall be made:

407.2 Safety data sheets. Safety data sheets (SDS) for all hazardous materials shall be either readily available on the premises as a paper copy or readily retrievable by electronic access.

13VAC5-52-170. 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 the owner's 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 Exception 1 (Exception 2 remains) of Section 503.1.1 to read:

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 NFPA 13D 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, Group R-5, or Group U occupancies.

3. Add an 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 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 503.7.

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:

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 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 that are fully sprinklered as provided for in 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:

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:

508.1.2 Separation. Fire-rated construction shall be maintained in accordance with Section 701.6 of this code.

4. Delete Section 508.1.3.

5. Change Section 508.1.4 to read:

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:

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, 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 another 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.

13VAC5-52-180. 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, electrical systems and equipment, mechanical refrigeration systems, elevator recall, and commercial kitchen equipment.

2. Add Section 601.3 to read:

601.3 Permits. Permits shall be obtained for refrigeration systems as set forth in Section 107.2.

B. The following changes shall be made to Section 603, Electric Equipment, Wiring, and Hazards:

1. Change Sections 603.1, 603.1.1, and 603.2.1 to read:

603.1 General. Electrical equipment, wiring, and systems shall be maintained in accordance with this section and the applicable building code.
603.1.1 Equipment and wiring. Electrical equipment, wiring, devices, and appliances shall be maintained in accordance with this section and the applicable NFPA 70 standard.
603.2.1 Modified or damaged. Electrical wiring, devices, equipment, and appliances that are modified or damaged and constitute an electrical shock or fire hazard shall not be used until repaired or replaced in accordance with the applicable building code.

2. Change Sections 603.3 and 603.5 to read:

603.3 Illumination. Illumination shall be maintained for service equipment areas, motor control centers, and electrical panelboards.

603.5 Relocatable power taps and current taps. The construction and use of current taps and relocatable taps shall be in accordance with NFPA 70.

3. Change Section 603.8 to read:

603.8 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.

C. The following changes shall be made to Section 604, Elevator Operation, Maintenance, and Fire Service Keys:

1. Change Section 604.1 to read:

604.1 Operation. Existing elevators with a travel distance of 25 feet (7620 mm) or more shall comply with the requirements of Section 604.5.2 and the USBC, Part III, Maintenance.

2. Change Section 604.3 to read:

604.3 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 1203. Operation of the system shall be in accordance with Sections 604.3.1 through 604.3.4.

3. Change Section 604.3.4 to read:

604.3.4 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 604.5.1 to read:

604.5.1 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 604.5.2 to read:

604.5.2 Occupant evacuation elevator lobbies. Where occupant evacuation elevators are provided in accordance with the applicable building code, occupant evacuation elevator lobbies shall be maintained free of storage and furniture.

6. Change Section 604.5.4 to read:

604.5.4 Water protection of hoistway enclosures. Methods to prevent water from infiltrating into a hoistway enclosure required by the applicable building code shall be maintained.

D. The following changes shall be made to Section 605, Fuel-Fired Appliances:

1. Change Section 605.1 to read:

605.1 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 605.1.1 to read:

605.1.1 Manufacturer's instructions. Appliances shall be installed, operated, and 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. Change Section 605.1.2 to read:

605.1.2 Electrical wiring and equipment. Electrical wiring and equipment used in connection with oil-burning equipment shall be maintained in accordance with Section 604 and the applicable NFPA 70 standard.

4. Change Section 605.1.4 to read:

605.1.4 Access. Appliances shall be readily accessible for cleaning hot surfaces; removing burners; and replacing motors, controls, air filters, chimney connectors, draft regulators, and other working parts and for adjusting, cleaning, and lubricating parts.

5. Change Section 605.1.5 to read:

605.1.5 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.

6. Change Section 605.1.5.1 to read:

605.1.5.1 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.

7. Change Section 605.3 to read:

605.3 Chimneys. Masonry, metal, and factory-built chimneys shall be maintained in accordance with the applicable building code and NFPA 211.

8. Change Section 605.4 to read:

605.4 Fuel oil storage systems. Fuel oil storage systems shall be maintained in accordance with this section and the applicable building code.

9. Change Section 605.4.1 to read:

605.4.1 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 be maintained in accordance with NFPA 31.

10. Change Section 605.4.2 to read:

605.4.2 Fuel oil storage inside buildings. Fuel oil storage inside buildings shall be maintained in accordance with this section and the applicable building code.

11. Change Section 605.4.2.2 to read:

605.4.2.2 Quantity limits. One or more fuel oil storage tanks containing Class II or Class III combustible liquid shall be permitted to be stored in a building. Unless otherwise approved by the applicable building code, the aggregate capacity of all tanks shall not exceed the following:

1. 660 gallons (2498 L) in unsprinklered buildings, where stored in a tank complying with UL 80, UL 142, or UL 2085.

2. 1,320 gallons (4996 L) in buildings equipped with an automatic sprinkler system in accordance with the applicable NFPA 13 standard, where stored in a tank complying with UL 142.

3. 3,000 gallons (11,356 L) where stored in protected aboveground tanks complying with UL 2085 and the room is protected by an automatic sprinkler system in accordance with the applicable NFPA 13 standard.

12. Change Section 605.4.2.3 to read:

605.4.2.3 Restricted use and connection. Tanks subject to Section 605.4.2 shall be used only to supply fuel oil to fuel-burning equipment, generators or fire pumps installed in accordance with the applicable building code. Connections between tanks and equipment supplied by such tanks shall be maintained as closed piping systems.

13. Change Section 605.4.2.4 to read:

605.4.2.4 Applicability of maximum allowable quantity and control area requirements. The quantity of combustible liquid stored in tanks subject to Section 605.4.2 shall not be counted toward the maximum allowable quantity set forth in Section 5003.1.1, and such tanks shall not be required to be located in a control area when there are such allowances under the applicable building code.

14. Change Sections 605.4.2.5 and 605.4.2.7 and delete Section 605.4.2.6:

Change Sections 605.4.2.5 and 605.4.2.7 to read:

605.4.2.5 Installation. New or modified tanks and piping systems shall be approved by the building official in accordance with the applicable building code.

605.4.2.7 Spill control. Where provided or required in accordance with the applicable building code, spill control shall be maintained in accordance with Section 5703.4 and the applicable building code.

15. Change Section 605.4.2.8 to read:

605.4.2.8 Tanks in basements. Tanks in basements shall be maintained in accordance with the applicable building code.

16. Change Section 605.4.3 to read:

605.4.3 Underground storage of fuel oil. Underground storage tanks used for the storage of fuel oil shall be maintained and operated in accordance with the applicable building code and the applicable NFPA 31 standard.

17. Change Section 605.6 to read:

605.6 Heating appliances. Heating appliances shall be listed and shall comply with Sections 605.6.1 and 605.6.2.

18. Change Section 605.6.1 to read:

605.6.1 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.

19. Change Section 605.6.2 to read:

605.6.2 Heating appliance maintenance. Heating appliances shall be maintained in accordance with the manufacturer's instructions, the applicable building code, and the applicable NFPA 31 standard.

20. Change Section 605.2.1 to read:

605.2.1 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 according to manufacturer's instructions, comply with the applicable building code, and be maintained so as to not create a fire hazard.

21. Change Section 605.2.1.1 to read:

605.2.1.1 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.

22. Change Section 605.2.1.2 to read:

605.2.1.2 Metal chimneys. Metal chimneys or supports that are damaged or corroded shall be repaired or replaced.

23. Change Section 605.2.1.4 to read:

605.2.1.4 Factory-built chimneys. Existing factory-built chimneys or their supports that are damaged or corroded shall be repaired or replaced.

24. Change Section 605.2.1.5 to read:

605.2.1.5 Connectors. Existing chimney and vent connectors or their supports that are damaged or corroded shall be repaired or replaced.

25. Add a note to Section 605.2 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).

26. Change Section 605.8 to read:

605.8 Incinerators. Commercial, industrial, and residential-type incinerators and chimneys shall be installed in accordance with the applicable building code and maintained.

27. Change Section 605.8.1 to read:

605.8.1 Residential incinerators. Residential incinerators not regulated by the applicable building code shall be of an approved type.

28. Change Section 605.8.2 to read:

605.8.2 Spark arrestor. Incinerators not regulated by the applicable building code shall be equipped with an effective means for arresting sparks.

29. Delete Section 605.8.6.

E. The following changes shall be made to Section 606, Commercial Cooking Equipment and Systems:

1. Change Section 606.1 to read:

606.1 General. Commercial kitchen exhaust hoods shall comply with the requirements of this section.

2. Change Section 606.2 to read:

606.2 Commercial cooking operations. Where ventilation is provided or required by the applicable building code at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, ventilation shall be operated and maintained. The fire code official is not authorized to require alteration or installation of a ventilation hood in accordance with Section 102.6 of the SFPC.

3. Change Section 606.3.3.3 to read:

606.3.3.3 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 606.3.3.3.1 to read:

606.3.3.3.1 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 606.3.3.3 are maintained on the premises.

F. The following change shall be made to Section 607, Commercial Cooking Oil Storage:

Change Section 607.7 to read:

607.7 Electrical equipment. Electrical equipment used for the operation of cooking oil storage systems shall comply be maintained in accordance with NFPA 70.

G. The following changes shall be made to Section 608, Mechanical Refrigeration:

1. Change Sections 608.1 and 608.1.2 and delete Section 608.1.1.

Sections 608.1 and 608.1.2 to read:

608.1 Scope. Refrigeration systems shall be maintained in accordance with the applicable building code.

608.1.2 Ammonia refrigeration. Refrigeration systems using ammonia refrigerant and the buildings in which such systems are installed shall comply with the applicable operating procedures of IIAR 7. Decommissioning of ammonia refrigeration systems shall comply with IIAR-8 and the applicable building code.

2. Change Section 608.3 to read:

608.3 Refrigerants. The use and purity of new, recovered, and reclaimed refrigerants shall be in accordance with the applicable building code.

3. Change Section 608.4 to read:

608.4 Refrigerant classification. Refrigerants shall be classified in accordance with the applicable building code.

4. Change Section 608.5 to read:

608.5 Change in refrigerant type. A change in the type of refrigerant in a refrigeration system shall be approved by the building official in accordance with the applicable building code.

5. Change Section 608.7 to read:

608.7 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 608.7.1. 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 608.8 to read:

608.8 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 Sections 608.9 and 608.9.1 to read:

608.9 Refrigerant detection. Refrigerant detection systems shall be maintained. 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 608.9.1.

608.9.1 Refrigerants other than ammonia. Refrigerant detection systems required by the applicable building code shall be maintained. Detectors and alarms required by the applicable building code shall be maintained in approved locations. Unless otherwise permitted by the applicable building code, detection of a refrigerant concentration exceeding the upper detection limit or 25% of the lower flammable limit (LFL), whichever is lower, shall stop refrigerant equipment in the machinery room.

8. Change Section 608.10 to read:

608.10 Remote controls. Remote controls of the mechanical equipment and appliances located in the machinery room shall be maintained and remain accessible in accordance with the applicable building code at all times.

9. Change Section 608.10.1 to read:

608.10.1 Refrigeration system emergency shutoff. Where a clearly identified switch of an approved type is required by the applicable building code to provide off-only control of refrigerant compressors, refrigerant pumps, and normally closed automatic refrigerant valves located in the machinery room, the switch shall be maintained as approved. Unless otherwise permitted by the applicable building code, this equipment shall be maintained to automatically shut off when the refrigerant vapor concentration in the machinery room exceeds the vapor detector's upper detection limit or 25% of the LEL, whichever is lower.

10. Change Section 608.10.2 to read:

608.10.2 Ventilation system. Ventilation system switches shall be clearly identified and maintained in an approved manner.

11. Change Section 608.11 to read:

608.11 Emergency pressure control system. Emergency pressure control system provided for 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 608.11.1 to read:

608.11.1 Automatic crossover valves. Automatic crossover valves shall be maintained as installed in accordance with the applicable building code.

13. Change Section 608.11.1.1 to read:

608.11.1.1 Overpressure limit set point. Automatic crossover valves shall be arranged and maintained in accordance with the applicable building code.

14. Change Section 608.11.1.2 to read:

608.11.1.2 Manual operation. Where provided or required in accordance with the applicable building code, manual operation of the automatic crossover valve shall be maintained.

15. Delete 608.11.1.3.

16. Change Section 608.11.2 to read:

608.11.2 Automatic emergency stop. An automatic emergency stop feature shall be maintained in accordance with the applicable building code.

17. Delete Section 608.11.2.1.

18. Delete Section 608.11.2.2.

19. Change Section 608.13 to read:

608.13 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 608.13.2 through 608.13.4.

20. Change Section 608.13.1 to read:

608.13.1 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.

21. Change Section 608.13.2 to read:

608.13.2 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 608.13.5 or a flaring system in accordance with Section 608.13.6. 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.

22. Change Section 608.13.3 to read:

608.13.3 Toxic and highly toxic refrigerants. Systems containing more than 6.6 pounds (3 kg) of toxic or highly toxic refrigerants that discharge vapor to the atmosphere shall discharge through a treatment system, flaring system, or other approved system in accordance with the applicable building code.

23. Change Section 608.13.4 to read:

608.13.4 Ammonia refrigerant. Systems containing more than 6.6 pounds (3 kg) of ammonia refrigerant that discharge vapor to the atmosphere shall discharge through a treatment system, flaring systems, ammonia diffusion systems, or other approved system in accordance with the applicable building code.

Exception: Ammonia/water absorption systems containing less than 22 pounds (10kg) of ammonia and for which the ammonia circuit is located entirely outdoors.

24. Change Sections 608.13.5 through 608.13.7 to read:

608.13.5 Treatment systems. Unless otherwise approved by the applicable building code, treatment systems shall be maintained and operated to reduce the allowable discharge concentration of the refrigerant gas to not more than 50% of the immediately dangerous to life and health (IDLH) level at the point of exhaust. Treatment systems shall be operated and maintained in accordance with Chapter 60 and the applicable building code.

608.13.6 Flaring systems. Flaring systems for incineration of flammable refrigerants shall be operated and maintained to incinerate the entire discharge. The products of refrigerant incineration shall not pose health or environmental hazards. Where required by the applicable building code, standby fuel, such as LP-gas, and standby power shall be maintained to have the capacity to operate for the required time for complete incineration of refrigerant in the system and any additional capacity required by the applicable building code. Standby electrical power, where required to complete the incineration process, shall be maintained in accordance with Section 1203.

608.13.7 Ammonia diffusion systems. Ammonia diffusion systems shall be maintained in accordance with the applicable building code.

25. Change Section 608.14 to read:

608.14 Mechanical ventilation exhaust. Treatment systems required by the applicable building code 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 operated and maintained.

Exception: Refrigeration systems containing Group A2L complying with Section 608.18.

26. Change Section 608.17 to read:

608.17 Electrical equipment. The hazardous location classification as determined in accordance with the applicable building code and the applicable NFPA 70 standard of refrigeration machinery rooms where refrigerants of Groups A2, A3, B2, and B3 are used, shall be maintained.

27. Change Sections 608.18 through 608.18.2 to read:

608.18 Special requirements for Group A2L refrigerant machinery rooms. Machinery rooms with systems containing Group A2L refrigerants shall comply with Sections 608.18.1 through. 608.18.3.

Exception: Machinery rooms conforming to the Class 1, Division 2 hazardous location classification requirements of NFPA 70.

608.18.1 Refrigerant detection system. Refrigerant detection systems in machinery rooms shall be maintained in accordance with the applicable building code.

608.18.2 Emergency ventilation system operation. An emergency ventilation system shall be maintained to operate at the minimum exhaust rate specified in accordance with the applicable building code. Means to manually shut down the system shall be maintained.

28. Delete Table 608.18.2 and change Section 608.18.3 to read:

608.18.3 Emergency ventilation system discharge. Where required by the applicable building code, the point of discharge to the atmosphere shall remain located outside of the structure and away from any window, ventilation opening, or exit.

H. Delete Section 610.1.1.

13VAC5-52-190. 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 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, protected mass timber elements, 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 701.6 may be modified to a time period greater than annually based on the history of the previous inspections.

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. 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 change shall be made to Section 704, Joints and Voids:

Change Section 704.3 to read:

704.3 Opening protectives. Where openings are required to be protected, opening protectives and associated closing devices shall be maintained as self-closing or automatic-closing in accordance with Section 705.2.

C. The following changes shall be made to Section 705, Door and Window Openings:

1. 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.

2. 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.

13VAC5-52-200. 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.

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. Change Section 803.1.1 to read:

803.1.1 Classification. Interior wall or ceiling finishes shall be classified and tested in accordance with the applicable building code.

D. Change Section 803.1.1.1 to read:

803.1.1.1 Manufacturer's product information and testing reports. Manufacturer's product information and testing reports shall be furnished to the fire official upon request.

E. Delete Sections 803.1.2 and 803.1.3.

F. Change Sections 803.2 and 803.3 to read:

803.2 Stability. Interior finish materials regulated by this chapter shall remain applied or otherwise fastened in accordance with the applicable building code.

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. New interior finish shall not be installed unless approved by the building official in accordance with the applicable building code.

G. Delete Table 803.3.

H. Change Section 803.5 to read:

803.5 Textile wall coverings. 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. Newly introduced materials shall not be installed unless approved by the building official.

I. Delete Sections 803.5.1, 803.5.1.1, and 803.5.2.

J. Change Sections 803.6, 803.7, 803.8, 803.9, 803.10, and 803.11 to read:

803.6 Textile ceiling coverings. 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. Newly introduced materials shall not be installed unless approved by the building official.

803.7 Expanded vinyl wall coverings. Expanded vinyl wall coverings shall be maintained in accordance with the applicable building code. Newly introduced materials shall not be installed unless approved by the building official.

803.8 Expanded vinyl ceiling coverings. Expanded vinyl ceiling coverings shall be maintained in accordance with the applicable building code. Newly introduced materials shall not be installed unless approved by the building official.

803.9 High-density polyethylene (HDPE) and polypropylene (PP). Where high-density polyethylene or polypropylene is used as an interior finish, it shall comply with the applicable building code. Newly introduced materials shall not be installed unless approved by the building official.

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 not be installed unless approved by the building official 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 or interior trim unless specifically allowed by the building official in accordance with the applicable building code.

K. Delete Sections 803.11.1 and 803.11.2 and change Sections 803.12 through 803.15 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.

803.13 Laminated products factory produced with an attached wood substrate. Laminated products factory produced with an attached wood substrate shall be maintained in accordance with the applicable building code.

803.14 Thickness exemption. Materials having a thickness less than 0.036 inch (0.9mm) applied to the surface of walls or ceilings shall not be subject to interior finish requirements.

803.15 Heavy timber exemption. Exposed portions of buildings elements complying with the requirements of Type IV construction in accordance with the applicable building code shall not be subject to interior finish requirements.

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

804.1 Interior trim. Combustible trim, as defined by the applicable building code, excluding handrails and guardrails, shall be maintained. Newly introduced materials shall not be installed unless approved by the building official.

M. Delete Sections 804.1.1 and 804.1.2.

N. Change Section 804.2 to read:

804.2 Foam plastic. Foam plastic used as interior trim shall be maintained in accordance with the applicable building code. Newly introduced materials shall not be installed unless approved by the building official.

O. Delete Sections 804.2.1 through 804.2.4.

P. Delete Sections 804.3.2 through 804.4. Change Sections 804.3 through 804.3.1; and add Section 804.3.1.1 to read:

804.3 Interior floor finish. Interior floor finish and floor covering materials shall be maintained in accordance with the applicable building code.

804.3.1 Classification. Interior floor finish and floor covering materials shall be classified in accordance with the applicable building code.

804.3.1.1. Manufacturer's product information and testing reports. Manufacturer's product information and testing reports shall be furnished to the fire official upon request.

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 3 in Section 806.1.1 to read:

Section 806 Natural Decorative Vegetation in Buildings

1. Trees located in areas protected by an automatic sprinkler system in accordance with the applicable NFPA 13 standard shall not be prohibited in Groups A, E, M, R-1, and R-2.

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

S. Change the title of Section 807 and Exceptions 1 and 2 in Section 807.2 to read:

Section 807 Decorative Materials and Artificial Decorative Vegetation in Buildings

1. In auditoriums in Group A, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative 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 and where the material is installed in accordance with the applicable 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 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 three feet (914 mm) in any dimension.

U. Change Section 807.5.1.2 and Exceptions 1 and 2 (Exception 3 remains) of Section 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.

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 the applicable NFPA 72 standard.

V. Change Sections 807.5.3.1 through 807.5.3.4 and 807.5.4 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.

807.5.4 Group I-3. In Group I-3, combustible decorative materials are prohibited.

Exception:

Cell areas in buildings equipped throughout with an automatic sprinkler system in accordance with the applicable NFPA 13 standard where a maximum four-square-foot area has been demarcated on the wall for personal items 0.025 inch (0.64 mm) or less in thickness applied directly to and adhering to the wall.

W. Change Exception 1 (Exceptions 2 and 3 remain) of Section 807.5.5.1 to read:

1. Corridors protected by an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard.

X. Change the title of Section 808 and Sections 808.1, 808.2, 808.4, and 808.5 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.

Exception: Recycling containers complying with Section 808.1.2 are not required to be stored in waste and linen collection rooms.

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 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 be approved by the building official in accordance with the applicable building code.

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.

808.5 Play structures. Play structures shall be maintained in accordance with the applicable building code.

13VAC5-52-210. 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:

901.4 Maintenance and alterations. Fire protection and life safety 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.

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 103.3.1 of Part I of the USBC (13VAC5-63-30 E).

6. Change Section 901.4.3 to read:

901.4.3 Alterations in buildings and structures. For any alteration within a building or structure, the existing fire protection and life safety systems shall be maintained to continue protection while the building or structure is occupied. Persons shall not remove or modify any fire protection or life safety system without approval from the building official in accordance with the applicable building code.

7. Change Section 901.4.4 to read:

901.4.4 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 in accordance with Chapter 7 and the applicable building code.

8. Delete Section 901.4.5.

9. Change Sections 901.4.7, 901.4.7.3, and 901.4.7.4 and add Section 901.4.8 to read:

901.4.7 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.

901.4.7.3 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).

901.4.7.4 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.

901.4.8 Maintenance of walls and ceilings. Where building components such as walls, ceilings, and ceiling tiles are required by the installation standard for an existing fire protection system, such building components shall be maintained in accordance with the applicable building code.

10. Change Section 901.5.1 to read:

901.5.1 Occupancy. In buildings where a fire protection system is required by this code or the applicable building code, it shall be unlawful to occupy any portion of a building or structure until the fire protection system installation has been tested and approved by the building official.

11. 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.

12. Change Section 901.6 to read:

901.6 Inspection, testing, and maintenance. Equipment, systems, devices, and safeguards, such as fire detection, alarm, and extinguishing systems that were provided and approved by the building official when constructed, shall be maintained in an operative condition at all times. Where such equipment, systems, devices, and safeguards are not found to be in an operative condition, the fire official shall order all such equipment to be rendered safe in accordance with the USBC.

13. Add Section 901.6.3.2 to read:

901.6.3.2 Annual inspection tag or sticker. When an annual inspection or test required by Section 901.6.1 is completed, an inspection tag or sticker shall be attached to each fire protection system near the main control valve, main panel, or other such appropriate and visible location as determined by the fire code official. Tag requirements for all other inspections shall be in accordance with the applicable reference standard. The annual inspection tag or sticker required by this section shall contain the following information:

1. The name of the agency and individual performing the work.

2. Date of inspection or test.

3. Type of inspection or test.

4. Result of the inspection or test.

14. Add Section 901.7.7 to read:

901.7.7 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.

15. 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.

16. 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.

17. Add Section 901.11 to read:

901.11 Defective equipment. When the fire official determines through investigation, 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:

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:

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.

903.3 Installation and maintenance requirements. Automatic sprinkler systems shall be approved by the building official and installed in accordance with the applicable building code. Automatic sprinkler systems shall be maintained in accordance with Section 901.6.

5. Delete Sections 903.3.1 through 903.3.5.2.

6. Change Section 903.3.6 to read:

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. Change Sections 903.3.7 and 903.3.8.1 and delete Sections 903.3.8 and 903.3.8.2 through 903.3.8.4.

903.3.7 Fire department connections. Fire department connections shall be maintained in accordance with Section 912.

903.3.8.1 Limited area sprinkler systems. Limited area sprinkler systems shall be maintained in accordance with the NFPA 25.

8. Change Section 903.3.8.5 to read:

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 903.4.1 through 903.4.3. Change Section 903.4 to read:

903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, water-flow switches, and alarms on all sprinkler systems shall remain in service in the normal position and properly sealed, locked, or electrically supervised in accordance with the applicable building code.

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:

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 904.2.1.

3. Change Sections 904.2, 904.3, and 904.3.1 to read:

904.2 Electrical wiring. Electrical wiring shall be maintained in accordance with NFPA 70.

904.3 Commercial hood and duct systems in mobile food preparation vehicles. 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.

904.3.1 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 904.3.2, 904.3.3, 904.3.4, 904.3.5, and 904.4.1 through 904.4.3 and change Section 904.4 to read:

904.4 Warning signs. Where alarms are required to indicate the operation of automatic fire-extinguishing systems, warning signs shall be maintained to warn of pending agent discharge. Where exposure to automatic-extinguishing agents poses a hazard to persons and a delay is required to ensure the evacuation of occupants before agent discharge, a separate warning sign shall be maintained in accordance with the applicable building code.

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:

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 Section 904.12 to read:

904.12 Aerosol fire-extinguishing systems. Aerosol fire-extinguishing systems shall be periodically inspected, tested, and maintained in accordance with this section, NFPA 2010, and with their listing. Such devices and appurtenances shall be maintained in compliance with manufacturer's instructions.

14. Change Sections 904.13 through 904.13.2 to read:

904.13 Commercial cooking systems. Automatic fire-extinguishing systems for commercial cooking shall comply with this section.

904.13.1 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.

904.13.2 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.

15. Delete Sections 904.13.3 through 904.13.4.

16. Change Section 904.13.4.1 to read:

904.13.4.1 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.

17. Change Section 904.13.5.1 to read:

904.13.5.1 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.

18. Delete Sections 904.14 through 904.14.1.2.

D. The following changes shall be made to Section 905, Standpipe Systems:

1. Change Sections 905.1 and 905.2 to read:

905.1 General. Standpipe systems shall be inspected, tested, and maintained in accordance with the provisions of this section and the applicable referenced standards.

905.2 Maintenance standard. Standpipe systems shall be maintained in accordance with this section and NFPA 25 and as approved in accordance with the applicable building code, including the applicable NFPA 14 standard. Hose connections shall be maintained so that there is at least three inches (76.2 mm) clearance between any adjacent object and the handle of the valve when the valve is in any position ranging from fully open to fully closed. Fire department connections for standpipe systems shall be in accordance with Section 912.

2. Delete Sections 905.3 through 905.3.4.

3. Change Section 905.3.4.1 to read:

905.3.4.1 Stage hose and cabinet. Where required by the applicable building code, stages greater than 1,000 square feet in area (93 m2) with hose connections shall be maintained with sufficient lengths of 1-1/2-inch (38 mm) hose to provide fire protection for the required area.

Hoses shall be maintained with an adjustable fog nozzle mounted in a cabinet or on a rack approved by the fire code official. Each rack for 1-1/2-inch (38 mm) or smaller hose shall be provided with a label that includes the wording "FIRE HOSE FOR USE BY TRAINED PERSONNEL" and operating instructions.

4. Delete Sections 905.3.5 and 905.3.6.

5. Delete Section 905.3.7.

6. Delete Sections 905.3.8 through 905.5.2.

7. Change Section 905.5.3 to read:

905.5.3 Class II system. Each rack for 1-1/2 inch (38 mm) or smaller hose shall be provided with a label that includes the wording "FIRE HOSE FOR USE BY TRAINED PERSONNEL" and operating instructions. A minimum one-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. Delete Section 905.8 and change Section 905.9 to read:

905.9 Valve supervision. Valves controlling water supplies shall be maintained as supervised in accordance with the applicable building code. Where a fire alarm system is provided, a supervisory signal shall also be transmitted to the control unit.

Exceptions:

1. Valves to underground key or hub valves in roadway boxes provided by the municipality or public utility do not require supervision.

2. Valves locked in the normal position and inspected as permitted in the applicable building code in buildings not equipped with a fire alarm system.

10. Change Section 905.10 to read:

905.10 During construction. Standpipe systems required during construction and demolition operations shall comply with Chapter 33.

11. Delete Section 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 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:

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.

6. Change Section 907.2.11 to read:

907.2.11 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 through 907.3.1.

8. Change Sections 907.3.2 and 907.3.3 to read:

907.3.2 Special locking systems. Where special locking systems are installed on means of egress doors, the associated fire detection system shall also be maintained in accordance with NFPA 72 and the applicable building code.

907.3.3 Elevator emergency operation. Automatic fire detectors installed for elevator emergency operation shall be maintained in accordance with the provisions of the applicable ASME A17.1/CSA B44 standard, NFPA 72, and the applicable building code.

9. Delete Sections 907.3.4 through 907.4.1.

10. Change Section 907.4.2 to read:

907.4.2 Manual fire alarm boxes. Where a manual fire alarm system is provided or required by the applicable building code, fire alarm boxes shall be maintained in accordance with this Section.

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:

907.4.2.3 Color. Unless otherwise approved by the applicable building code, manual fire alarm boxes shall be maintained red in color.

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 and 907.4.3.1 and change Section 907.5 to read:

907.5 Occupant notification systems. Fire alarm system annunciation and occupant notification required by the applicable building code shall be maintained.

14. Change Sections 907.5.1 and 907.5.1.1 to read:

907.5.1 Audible alarms. The distinct sound emitted by audible alarm notification appliances and approved in accordance with the applicable building code is not to be used for any purposes other than that of a fire alarm. The required audibility and intelligibility of alarms shall be maintained in accordance with the applicable building code.

907.5.1.1 Pre-signal feature. A pre-signal feature shall not be utilized unless approved by the fire code official and the fire department. Where a pre-signal 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 907.5.2.1 through 907.5.2.2.2 and change the title of Section 907.5.2.2.3 to read:

907.5.2.2.3 Alternative uses for emergency voice or alarm communication systems.

16. Change Section 907.5.2.2.4 to read:

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:

907.6.3 Initiating device identification. 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 maintain accurate programming in accordance with NFPA 72 and 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:

907.6.5 Access. Access shall be maintained to each fire alarm device and notification appliance for periodic inspection, maintenance, and testing.

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 907.8.2 to read:

907.8.2 Testing. Testing shall be performed in accordance with the schedules in 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.

23. Change Section 907.8.4 to read:

907.8.4 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 standard or procedures used for the inspection or test (for example, "Test performed in accordance with NFPA 72 Section _______.").

6. List of each device tested and the result. The list should include the physical location and device description of each initiating and notification device tested. (for example, "Heat detector in main kitchen; horn-strobe in Room 115.")

7. Other tests as required by either the equipment manufacturer's published instructions or the authority having jurisdiction.

8. Signature of tester and approved authority representative.

9. Disposition of problems identified during test or devices not tested (examples, "Owner notified," "Problem corrected or successfully retested, or both," "Device abandoned in place.").

24. Delete Section 907.9.

G. The following changes shall be made to Section 908, Emergency Alarm Systems:

1. Change Sections 908.1 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 and manufacturer's specifications.

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 and manufacturer's specifications.

2. Change Section 908.3 to read:

908.3 Fire alarm system interface. Where an emergency alarm system is interfaced with a building's fire alarm system, the signal produced at the fire
alarm control unit is permitted to be a supervisory signal.

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

1. Change Section 909.1 to read:

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 or the timely restoration of operations or for assistance in fire suppression or overhaul activities. Smoke control systems regulated by this section serve a different purpose than the smoke-venting and heat-venting provisions found in Section 910.

2. Delete Sections 909.2 through 909.4.5.

3. Change Section 909.4.6 to read:

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:

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:

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:

909.5.3.2 Ducts and air transfer openings. Protection of ducts and air transfer openings by smoke dampers shall be maintained in accordance with Chapter 7.

10. Delete Sections 909.6 through 909.10.5.

11. Change Sections 909.11 through 909.11.2 to read:

909.11 Standby power. Standby power provided for smoke control systems shall be maintained in accordance with Section 1203.

909.11.1 Equipment room. Fire barriers associated with equipment rooms servicing smoke control systems shall be maintained in accordance with Chapter 7.

909.11.2 Power sources and power surges. Conditioners, suppressors, or other approved uninterruptable power sources provided for elements of smoke control systems shall be maintained in accordance with the applicable building code.

12. Delete Sections 909.12 through 909.13.3.

13. Change Section 909.15 to read:

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. Change Section 909.16. Delete Section 909.16.1.

909.16 Firefighter's smoke control panel. A firefighter's smoke control panel for fire department emergency response purposes only, including manual control or override of automatic control for mechanical smoke control systems, shall be maintained in accordance with the applicable building code.

15. Change Section 909.16.2 to read:

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. Change Section 909.16.3 to read:

909.16.3 Control action and priorities. All firefighter's control panel actions and priorities required by the applicable building code shall be maintained as approved.

17. Change Section 909.17 to read:

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.

18. Delete Sections 909.18 through 909.18.8.3.

19. Change Sections 909.18.8.3.1 and 909.18.9 to read:

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.

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 Sections 909.19 through 909.20.6.3.

21. Delete Sections 909.21.1 through 909.21.2.

22. Change Sections 909.21 and 909.21.3 to read:

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 Sections 909.21.1 through 909.21.11.

909.21.3 Ducts for system. Any duct system protected with a fire-resistance rating shall be maintained in accordance with Chapter 7.

23. Delete Sections 909.21.4.2 through 909.21.4.4.

24. Change Section 909.21.5 to read:

909.21.5 Standby power. Standby power systems for pressurization systems shall be maintained in accordance with Section 1203.

25. Delete Section 909.21.7 and change Section 909.21.6 to read:

909.21.6 Activation of pressurization system. Where required or provided in accordance with the applicable building code, activation of the elevator pressurization system by the building fire alarm system or the elevator lobby smoke detectors shall be maintained.

26. Delete Section 909.21.10.

27. Delete Section 909.21.11

28. Change Sections 909.22.1 and 909.22.6 to read:

909.22.1 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.

909.22.6 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.

I. The following changes shall be made to Section 910, Smoke and Heat Removal:

1. Delete Sections 910.2 through 910.3.5.

2. Change Section 910.4 to read:

910.4 Mechanical smoke removal systems. Mechanical smoke removal systems provided shall be maintained in accordance with this section and the applicable building code.

3. Delete Sections 910.4.1 through 910.4.3, 910.4.5, and 910.4.6 and change Sections 910.4.4 and 910.4.7 to read:

910.4.4 Activation. Where the applicable building code requires that a mechanical smoke removal system shall be activated by manual controls only, only manual controls shall be permitted.

910.4.7 Controls. Where the applicable building code requires that manual controls be provided for the smoke removal system that have the capability to override the automatic shutdown of fans that are part of the smoke removal system, the override capability shall be maintained.

J. The following changes shall be made to Section 911, Explosion Control:

1. Change Section 911.1 to read:

911.1 General. Explosion control systems and components shall be maintained and operated in accordance with the applicable provisions of NFPA 69 or NFPA 495. 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 911.5.

K. The following changes shall be made to Section 912, Fire Department Connections:

1. Delete Section 912.1.

2. Change Sections 912.2 and 912.2.1 to read:

912.2 Location. With respect to hydrants, driveways, buildings, and landscaping, fire department connections shall remain located in accordance with the applicable building code so that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus.

912.2.1 Visible location. Fire department connections shall remain located on the street side of buildings or facing approved fire apparatus access roads, fully visible and recognizable from the street, fire apparatus access road or nearest point of fire department vehicle access or as otherwise approved by the fire code official and in accordance with the applicable building code.

3. Change Section 912.6 to read:

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:

913.1 General. Fire pumps shall be maintained in accordance with this section, the applicable NFPA 20 standard, NFPA 25, and the applicable building code.

913.2 Protection against interruption of service. The fire pump, driver, and controller shall be maintained in accordance with the applicable building code against possible interruption of service through damage caused by explosion, fire, flood, earthquake, rodents, insects, windstorm, freezing, vandalism, and other adverse conditions.

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:

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).

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 as supervised in accordance with the applicable building code. Where a fire alarm system is provided, a supervisory signal shall also be transmitted to the control unit.

Exception: Valves locked in the normal position and inspected as permitted in the applicable building code in buildings not equipped with a fire alarm system.

4. Delete Section 913.5.1.

M. Delete Section 914.

N. The following changes shall be made to Section 915, Carbon Monoxide Detection:

1. Change Section 915.1 to read:

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.

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 and this section.

2. Delete Sections 916.2 and 916.2.1.

3. Change Sections 916.3 through 916.6 to read:

916.3 Equipment. Gas detection system equipment shall be operated and maintained in accordance with the applicable building code and manufacturer's instructions.

916.4 Power connections. Gas detection systems shall remain permanently connected to the building electrical power supply or, where approved by the applicable building code, cord connected to an unswitched receptacle using an approved restraining means that secures the plug to the receptacle.

916.5 Emergency and standby power. Standby or emergency power shall be maintained in accordance with Section 1203. Where required by the applicable building code, the gas detection system shall initiate a trouble signal at an approved location if the power supply is interrupted.

916.6 Sensor locations. Sensors shall remain in locations approved in accordance with the applicable building code where leaking gases are expected to accumulate.

4. Delete Section 916.7 and change Sections 916.9 through 916.10 to read:

916.9 Signage. Signs shall be provided and maintained adjacent to gas detection system alarm signaling devices that advise occupants of the nature of the signals and actions to take in response to the signal.

916.10 Fire alarm system connections. Gas sensors and gas detection systems shall not be connected to fire alarm systems unless approved in accordance with the applicable building code and connected in accordance with the fire alarm equipment manufacturer's instructions.

P. The following change shall be made to Section 917, Mass notification systems:

917.1 Mass notification. Where provided, mass notification systems shall be maintained in accordance with NFPA 72.

13VAC5-52-220. IFC Chapter 10 Means of Egress.

Replace Chapter 10 with the following:

1001.1 General. Means of egress systems for buildings or portions thereof shall be maintained in accordance with the applicable building code and this chapter.

1001.2 Minimum requirements. It shall be unlawful to alter a building or structure in a manner that will reduce the number of exits or the capacity of the means of egress to less than required by this code.

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.

1001.3.1 Temporary occupant load determination. Where the fire code official determines that overcrowding may exist, the fire code official shall be permitted to utilize the egress component sizing requirements and occupant load allowances of the VCC to determine a temporary occupant load. Where such determination is made, the fire code official shall be permitted to require an approved temporary sign posting of the maximum allowable occupant load and such sign shall be maintained until the building official approves the allowable occupant load, at which time a permanent sign shall be posted, where applicable, or the temporary sign may be removed.

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 Exceptions 1, 2, and 3, the hardware device shall be removed immediately following the conditions of such exceptions.

SECTION 1002 DEFINITIONS

1002.1 Definitions.

The following terms are defined in Chapter 2:

ACCESSIBLE MEANS OF EGRESS.

AISLE.

AISLE ACCESSWAY.

ALTERNATING TREAD DEVICE.

AREA OF REFUGE.

BLEACHERS.

BREAKOUT.

COMMON PATH OF EGRESS TRAVEL.

CORRIDOR.

DOOR, BALANCED.

EGRESS COURT.

EMERGENCY ESCAPE AND RESCUE OPENING.

EXIT.

EXIT ACCESS.

EXIT ACCESS DOORWAY.

EXIT ACCESS RAMP.

EXIT ACCESS STAIRWAY.

EXIT DISCHARGE.

EXIT DISCHARGE, LEVEL OF.

EXIT PASSAGEWAY.

EXTERIOR EXIT RAMP.

EXTERIOR EXIT STAIRWAY.

FIRE EXIT HARDWARE.

FIXED SEATING.

FLIGHT.
FLOOR AREA, GROSS.

FLOOR AREA, NET.

FOLDING AND TELESCOPIC SEATING.

GRANDSTAND.

GUARD.

HANDRAIL.

HORIZONTAL EXIT.

INTERIOR EXIT RAMP.

INTERIOR EXIT STAIRWAY.

LOW ENERGY POWER-OPERATED DOOR.

MEANS OF EGRESS.

MERCHANDISE PAD.

NOSING.

OCCUPANT LOAD.

OPEN-AIR ASSEMBLY SEATING.

OPEN-ENDED CORRIDOR.

PANIC HARDWARE.

PHOTOLUMINESCENT.

POWER-ASSISTED DOOR.

POWER-OPERATED DOOR.

PUBLIC WAY.

RAMP.

SCISSOR STAIRWAY.

SELF-LUMINOUS.

SMOKE-PROTECTED ASSEMBLY SEATING.

STAIR.

STAIRWAY.

STAIRWAY, INTERIOR EXIT.

STAIRWAY, SPIRAL.

WINDER.

SECTION 1003 GENERAL MEANS OF EGRESS

1003.1 Applicability. The general requirements specified in Sections 1003 through 1015 shall apply to the maintenance of the building.

1003.2 Ceiling height. The means of egress ceiling height shall be maintained in accordance with the applicable building code.

1003.3 Protruding objects. Protruding objects on circulation paths shall comply with the requirements of Sections 1003.3.1 through 1003.3.4.

1003.3.1 Headroom. Minimum headroom shall be maintained in accordance with the applicable building code.

1003.3.2 Post-mounted objects. Clearances for a freestanding object mounted on a post or pylon shall be maintained in accordance with the applicable building code.

1003.3.3 Horizontal projections. Limitations of projection of objects into a means of egress in accordance with the applicable building code shall be maintained and not reduce the means of egress.

1003.3.4 Clear width. Protruding objects shall not reduce the minimum clear width of accessible routes.

1003.4 Floor surface. Walking surfaces shall be maintained in accordance with the applicable building code. Slip and trip hazards in the means of egress shall be abated.

1003.5 Elevation change. Where changes in elevation in the means of egress exist, they shall be maintained in accordance with the applicable code.

1003.6 Means of egress continuity. Means of egress continuity shall be maintained in accordance with the applicable building code. Obstructions, except those permitted by the applicable building code, shall not reduce the minimum width or required capacity of means of egress components.

1003.7 Elevators, escalators and moving walks. Elevators, escalators, and moving walks that are an approved component of a required means of egress shall be maintained in accordance with the applicable building code.

SECTION 1004 OCCUPANT LOAD

1004.1 Design occupant load. The design occupant load shall be maintained in accordance with the applicable building code.

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 yards, patios, occupied roofs, courts, and similar accessible and usable outdoor areas shall be maintained in accordance with the applicable building code.

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.

SECTION 1005 MEANS OF EGRESS SIZING

1005.1 General. All portions of the means of egress system shall be sized in accordance with the applicable building code.

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.

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.

1005.3.1 Stairways. The capacity in inches of means of egress stairways shall be maintained in accordance with the applicable building code.

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.

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.

1005.7 Encroachment. Encroachments into the required means of egress width shall be in accordance with the provisions of the applicable building code.

1005.7.1 Doors. Doors shall be maintained such that when fully opened, the open door shall not reduce the required width by more than what is permitted by the applicable building code. Door swing in any position shall not reduce the required width by more than one-half unless allowed by the applicable building code.

1005.7.2 Other projections. Other projections shall be maintained and shall be in accordance with the applicable building code.

SECTION 1006 NUMBERS OF EXITS AND EXIT ACCESS DOORWAYS

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.

1006.2 Egress from spaces. Egress from spaces shall be maintained in accordance with the applicable building code.

1006.2.1 Egress based on occupant load and common path of egress travel distance. The minimum number of exits or exit access doorways required by the applicable building code from any space shall be maintained.

1006.2.1.1 Three or more exits or exit access doorways. Where three or more exits or exit access doorways are required by the applicable building code, the number required shall be maintained.

1006.2.2 Egress based on use. The minimum number of exits or access to exits required by the applicable building code shall be maintained. Approved egress for boiler, incinerator, and furnace rooms, refrigeration machinery rooms, refrigerated rooms or spaces, Group I-4 day care, vehicular ramps, and Group R-3 or R-4 occupancies or spaces shall be maintained in accordance with the applicable building code.

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.

1006.3.1 Adjacent Story. A path of travel, approved in accordance with the applicable building code, that passes through an adjacent story shall be maintained.

1006.3.2 Egress based on occupant load. Each story and roof of a building shall maintain the minimum number of separate and distinct exits required by the applicable building code.

1006.3.3 Single exits. A single exit or access to a single exit from any story or occupied roof approved in accordance with the applicable building code shall be maintained.

SECTION 1007 EXIT AND EXIT ACCESS DOORWAY CONFIGURATION

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.

SECTION 1008 MEANS OF EGRESS ILLUMINATION

1008.1 Means of egress illumination. Illumination provided in the means of egress shall be maintained in accordance with the applicable code.

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.

1008.2.1 Illumination level under normal power. The means of egress illumination level required by the applicable building code shall be maintained.

1008.2.3 Exit discharge. Illumination required by the applicable building code along the path of travel for the exit discharge from each exit to the public way shall be maintained.

1008.3 Emergency power for illumination. The power supply for means of egress illumination shall be maintained in accordance with the applicable building code.

1008.3.5 Illumination level under emergency power. Emergency lighting facilities required and approved by the applicable building code shall be maintained.

SECTION 1009 ACCESSIBLE MEANS OF EGRESS

1009.1 Accessible means of egress required. Accessible means of egress shall be maintained in accordance with the applicable building code.

1009.2 Continuity and components. Continuity and components provided for accessible means of egress shall be maintained in accordance with the applicable building code.

1009.3 Stairways. Stairways part of an accessible means of egress shall be maintained in accordance with the applicable building code.

1009.4 Elevators. Elevators considered part of the means of egress shall be maintained in accordance with the applicable building code.

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.

1009.6 Areas of refuge. Areas of refuge shall be maintained in accordance with the applicable building code.

1009.7 Exterior areas for assisted rescue. Exterior areas for assisted rescue shall be maintained in accordance with the applicable building code.

1009.8 Two-way communication. Where provided, two-way communication systems shall be maintained in accordance with the applicable building code.

1009.8.2 Directions. Directions for the use of the two-way communication system, instructions for summoning assistance via the two-way communication system, and written identification of the location shall be posted adjacent to the two-way communication system. Signage shall comply with the ICC A117.1 requirements for visual characters.

1009.9 Signage. Signage indicating special accessibility provisions shall be provided as shown:

1. Each door providing access to an area of refuge from an adjacent floor area shall be identified by a sign stating: AREA OF REFUGE.

2. Each door providing access to an exterior area for assisted rescue shall be identified by a sign stating: EXTERIOR AREA FOR ASSISTED RESCUE.

Signage shall comply with the ICC A117.1 requirements for visual characters and include the International Symbol of Accessibility. Where exit sign illumination is required by Section 1013.3, the signs shall be illuminated. Additionally, visual characters, raised character, and Braille signage complying with ICC A117.1 shall be located at each door to an area of refuge and exterior area for assisted rescue in accordance with Section 1013.4.

1009.10 Directional signage. Directional signage indicating the location of all other means of egress and which of those are accessible means of egress shall be provided at the following:

1. At exits serving a required accessible space but not providing an approved accessible means of egress.

2. At elevator landings.

3. Within areas of refuge.

1009.11 Instructions. In areas of refuge and exterior areas for assisted rescue, instructions on the use of the area under emergency conditions shall be posted. Signage shall comply with the ICC A117.1 requirements for visual characters. The instructions shall include all of the following:

1. Persons able to use the exit stairway do so as soon as possible, unless they are assisting others.

2. Information on planned availability of assistance in the use of stairs or supervised operation of elevators and how to summon such assistance.

3. Directions for use of the two-way communication system where provided.

SECTION 1010 DOORS, GATES AND TURNSTILES

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.

1010.1.4.5 Security grilles. In Groups B, F, M, and S, horizontal sliding or vertical security grilles are permitted at the main exit and shall be openable from the inside without the use of a key or special knowledge or effort during periods that the space is occupied. The grilles shall remain secured in the full-open position during the period of occupancy by the general public. Where two or more means of egress are required, not more than one-half of the exits or exit access doorways shall be equipped with horizontal sliding or vertical security grilles.

1010.1.5 Floor elevation. Floors or landings at doorways shall be maintained in accordance with the applicable building code.

1010.1.8 Door arrangement. Minimum space between doors in a series of doors shall be maintained as approved in accordance with the applicable code.

1010.1.9 Door operations. Locks and latches approved in accordance with the applicable building code shall be maintained. Except as specifically permitted by 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.

1010.1.9.1 Hardware. Door handles, pulls, latches, locks, and other operating devices on doors required by the applicable building code to be accessible shall be maintained. Additions or alterations of hardware shall be approved by the building official in accordance with Section 102.6.

1010.1.9.3 Monitored or recorded egress. Electrical systems that monitor or record egress activity and impact the door operations shall be approved in accordance with the applicable building code and shall be maintained in accordance with this section.

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 one inch (25 mm) high on a contrasting background. 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 one inch (25 mm) high on a contrasting background.

1010.1.9.5 Bolt locks. Manually operated flush bolts or surface bolts approved in accordance with the applicable building code shall be maintained.

1010.1.9.6 Unlatching. Where the applicable building code requires that the unlatching of any door or leaf require no more than one operation, one operation shall be maintained.

1010.1.9.6.1 Closet doors. Where closet doors that latch in the closed position are required by the applicable building code to be openable from the inside, they shall be maintained.

1010.1.9.7 Controlled egress doors in Groups I-1 and I-2. Electric locking systems, including electromechanical locking systems and electromagnetic locking systems, shall be operated and maintained in accordance with the applicable building code.

1010.1.9.8 Delayed egress. Delayed egress locking systems shall be operated and maintained in accordance with the applicable building code.

1010.1.9.9 Sensor release of electrically locked egress doors. The electric locks on sensor-released doors located in a means of egress shall be operated and maintained in accordance with the applicable building code.

1010.1.9.10 Door hardware release of electrically locked egress doors. Door hardware release of electric locking systems installed on doors in the means of egress shall be operated and maintained in accordance with the applicable code.

1010.1.9.11 Locking arrangements in buildings within correctional facilities. In buildings within correctional and detention facilities, doors in means of egress serving rooms or spaces occupied by persons whose movements are controlled for security reasons shall be operated and maintained in accordance with the applicable building code.

1010.1.9.12 Stairway doors. Interior stairway means of egress doors required by the applicable building code to be openable from both sides shall be maintained.

1010.1.10 Panic and fire exit hardware. Where the applicable building code requires panic or fire exit hardware on doors, it shall be maintained.

1010.2 Gates. Gates serving the means of egress system shall be operated and maintained in accordance with the applicable building code.

1010.3 Turnstiles. Turnstiles or similar devices shall be operated and maintained in accordance with the applicable building code.

1010.3.2 Security access turnstiles. Security access turnstiles that inhibit travel in the direction of egress shall only be maintained and only operated in accordance with the applicable building code.

SECTION 1011 STAIRWAYS

1011.1 General. Stairways serving any portion of a building shall be maintained in accordance with the applicable building code.

1011.2 Width and capacity. The capacity of stairways shall be maintained in accordance with the applicable building code.

1011.3 Headroom. Headroom requirements for stairways shall be maintained in accordance with the applicable building code.

1011.4 Walkline. The walkline across winder treads shall be maintained in accordance with the applicable building code.

1011.5 Stair treads and risers. Stair treads and risers shall be maintained in accordance with the applicable building code.

1011.5.1 Dimensional uniformity. Stair tread and riser dimensions shall comply with the applicable building code and shall be maintained.

1011.6 Stairway landings. The floor or landing at the top and bottom of each stairway shall be maintained in accordance with the applicable building code.

1011.7 Stairway arrangement. Stairways shall be maintained in accordance with the applicable building code. Construction or alterations shall be approved by the building official in accordance with Section 102.6.

1011.7.3 Storage and enclosures under interior stairways. The usable spaces under enclosed and unenclosed stairways shall only be used for combustible storage where approved in accordance with the applicable building code.

1011.7.4 Storage and enclosures and storage under exterior stairways. The usable spaces under exterior stairways shall only be used for combustible storage where approved in accordance with the applicable building code.

1011.8 Vertical rise. Vertical rise of a flight of stairs shall be maintained in accordance with the applicable building code.

1011.9 Curved stairways. Curved stairways with winder treads shall be maintained in accordance with the applicable building code.

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.

1011.11 Handrails. Handrails for stairways shall be maintained in accordance with the applicable building code.

1011.12 Stairway to roof. Stairways to a roof shall be maintained in accordance with the applicable building code.

1011.12.1 Stairway to elevator equipment. Access to roofs and penthouses for maintenance of elevator equipment shall be maintained as approved in accordance with the applicable building code.

1011.12.2 Roof access. Where a stairway provides access to a roof through a penthouse, such access shall be maintained as approved and in accordance with the applicable building code.

1011.13 Guards. Guards shall be maintained in accordance with the applicable building code.

1011.14 Alternating tread devices. Alternating tread devices shall be maintained in accordance with the applicable building code.

1011.15 Ship's ladders. Ship's ladders shall be maintained in accordance with the applicable building code.

1011.16 Ladders. Permanent ladders shall be maintained as approved and in accordance with the applicable building code.

SECTION 1012 RAMPS

1012.1 Scope. The provisions of this section shall apply to the maintenance of ramps used as a component of a means of egress.

1012.2 Slope. Ramp slopes shall be maintained in accordance with the applicable building code.

1012.3 Cross slope. The cross slope for ramps shall be maintained in accordance with the applicable building code.

1012.4 Vertical rise. The rise for any ramp run shall be maintained in accordance with the applicable building code.

1012.5 Minimum dimensions. The minimum dimensions of means of egress ramps shall be maintained as approved and in accordance with the applicable building code.

1012.6 Landings. Landings serving ramps shall be maintained in accordance with the applicable building code.

1012.7 Ramp construction. Ramps shall be maintained as approved in accordance with the applicable building code. Construction or alterations shall be approved by the building official in accordance with Section 102.6.

1012.8 Handrails. Handrails serving ramps shall be maintained in accordance with the applicable building code.

1012.9 Guards. Guards shall be maintained in accordance with the applicable building code.

1012.10 Edge protection. Edge protection shall be maintained in accordance with the applicable building code.

SECTION 1013 EXIT SIGNS

1013.1 Where required. Exits and exit access doors shall be maintained in accordance with the applicable building code.

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.

1013.3 Illumination. Exit sign illumination shall be maintained in accordance with the applicable building code.

1013.4 Raised character and Braille exit signs. Raised character and Braille exit signs shall be maintained in accordance with the applicable building code.

1013.5 Internally illuminated exit signs. Electrically powered, self-luminous, and photoluminescent exit signs shall be maintained in accordance with the applicable building code.

1013.6 Externally illuminated exit signs. Externally illuminated exit signs shall be maintained in accordance with the applicable building code.

SECTION 1014 HANDRAILS

1014.1 Where required. Handrails serving stairways, ramps, stepped aisles, and ramped aisles shall be maintained in accordance with the applicable building code.

1014.2 Height. Handrail height shall be maintained in accordance with the applicable building code.

1014.3 Handrail graspability. Handrail graspability shall be maintained in accordance with the applicable building code.

1014.4 Continuity. Handrail continuity shall be maintained in accordance with the applicable building code.

1014.7 Clearance. Clear space between a handrail and a wall or other surface shall be maintained in accordance with the applicable building code.

1014.8 Projections. Projections into the required width of aisles, stairways, and ramps at each side shall be maintained as approved and in accordance with the applicable building code.

1014.9 Intermediate handrails. Where provided, intermediate handrails shall be maintained in accordance with the applicable building code.

SECTION 1015 GUARDS

1015.1 General. Guards shall be maintained in accordance with the applicable building code.

1015.3 Height. Guard height shall be maintained in accordance with the applicable building code.

1015.4 Opening limitations. Openings in guards shall be maintained in accordance with the applicable building code.

1015.5 Screen porches. Guards provided for screen porches shall be maintained in accordance with the applicable building code.

1015.6 Mechanical equipment, systems, and devices. Guards provided for mechanical equipment shall be maintained in accordance with the applicable building code.

1015.7 Roof access. Guards provided for roof access shall be maintained in accordance with the applicable building code.

1015.8 Window openings. Windows shall be maintained in accordance with the applicable building code.

1015.8.1 Window opening control devices. Window opening control devices shall be maintained as approved in accordance with the applicable building code.

SECTION 1016 EXIT ACCESS

1016.1 General. The exit access shall be maintained in accordance with the applicable building code.

1016.2 Egress through intervening spaces. Egress through intervening spaces shall be maintained in accordance with the applicable building code.

1016.2.1 Multiple tenants. Where more than one tenant occupies any one floor of a building or structure, each tenant space, dwelling unit, and sleeping unit means of egress shall maintain access to the required exits without passing through adjacent tenant spaces, dwelling units, and sleeping units unless otherwise permitted by the applicable building code.

SECTION 1017 EXIT ACCESS TRAVEL DISTANCE

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.

SECTION 1018 AISLES

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.

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.

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.

1018.4 Aisle accessways in Group M. Aisle accessways in Group M shall be maintained in accordance with the applicable building code.

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.

SECTION 1019 EXIT ACCESS STAIRWAYS AND RAMPS

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.

SECTION 1020 CORRIDORS

1020.1 Maintenance. Corridors shall be maintained as approved in accordance with the applicable building code. Fire-resistance rated construction shall be maintained in accordance with Chapter 7.

1020.1.1 Hoistway openings. Elevator hoistway openings shall be maintained as approved in accordance with the applicable building code.

1020.2 Width and capacity. The width and capacity of corridors shall be maintained in accordance with the applicable building code.

1020.3 Obstruction. The minimum width or required capacity of corridors shall be unobstructed.

Exception: Encroachments complying with Section 1005.7.

1020.4 Dead ends. Where more than one exit or exit access doorway is required by the applicable building code, the exit access, including any dead end conditions, shall be maintained as approved in accordance with the applicable building code.

1020.5.1 Corridor ceiling. When the space between the corridor ceiling and the floor or roof structure above is used as a return air plenum, the space and any contents shall be maintained as approved in accordance with the applicable building code.

1020.6 Corridor continuity. The continuity of fire-resistance-rated corridors shall be maintained in accordance with the applicable building code.

SECTION 1021 EGRESS BALCONIES

1021.1 General. Balconies used for egress purposes shall be maintained in accordance with the applicable building code.

1021.2 Wall separation. Wall separation for egress balconies shall be maintained in accordance with the applicable building code.

1021.3 Openness. The required openness of egress balconies shall be maintained as approved in accordance with the applicable building code.

1021.4 Location. The fire separation distance for exterior egress balconies shall be maintained in accordance with the applicable building code.

SECTION 1022 EXITS

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.

1022.2 Exterior exit doors. Exterior exit doors shall be maintained in accordance with the applicable building code.

SECTION 1023 INTERIOR EXIT STAIRWAYS AND RAMPS

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.

1023.2 Maintenance. Enclosures for interior exit stairways and ramps shall be maintained as approved in accordance with the applicable building code. Fire-resistance-rated construction shall be maintained in accordance with Chapter 7.

1023.3 Termination. Interior exit stairways and ramps shall terminate as approved in accordance with the applicable building code.

1023.3.1 Connections. Where interior exit stairways and ramps connect to an exit discharge or a public way by an exit passageway, the interior exit stairway and ramp shall be maintained as approved in accordance with the applicable building code. Fire-resistance-rated construction shall be maintained in accordance with Chapter 7.

1023.4 Openings. Interior exit stairway and ramp opening protectives shall be maintained in accordance with the applicable building code.

1023.5 Penetrations. Penetrations into or through interior exit stairways shall be maintained as approved in accordance with the applicable building code. Fire-resistance-rated construction shall be maintained in accordance with Chapter 7.

1023.6 Ventilation. Equipment and ductwork for interior exit stairway and ramp ventilation shall be maintained as approved and remain operational in accordance with the applicable building code.

1023.7 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.

1023.8 Discharge identification. Where the applicable building code requires a barrier to prevent persons from unintentionally continuing into levels below the level of exit discharge for an interior exit stairway or ramp, the barrier shall be maintained as approved in accordance with the applicable building code. Directional exit signs shall be maintained in accordance with the applicable building code.

1023.9 Stairway identification signs. A sign shall be provided at each floor landing in an interior exit stairway and ramp connecting more than three stories designating the floor level, the terminus of the top and bottom of the interior exit stairway and ramp, and the identification of the stairway or ramp. The signage shall state the story of and the direction to the exit discharge and the availability of roof access from the interior exit stairway and ramp for the fire department. The sign shall be located five feet (1524 mm) above the floor landing in a position that is readily visible when the doors are in the open and closed positions. In addition to the stairway identification sign, a floor-level sign in visual characters, raised characters and Braille complying with ICC A117.1 shall be located at each floor-level landing adjacent to the door leading from the interior exit stairway and ramp into the corridor to identify the floor level.

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 five inches (127 mm) in height and located in the center of the sign.

4. Other lettering and numbers shall be not less than one 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.

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.

1023.11 Smokeproof enclosures. Smokeproof enclosures shall be maintained in accordance with the applicable building code.

1023.11.2 Enclosure access. Access to the stairway or ramp within a smokeproof enclosure shall be maintained as approved in accordance with the applicable building code.

1023.12 Standpipes. Standpipe and standpipe hose connections in smokeproof enclosures shall be maintained in accordance with Chapter 9.

SECTION 1024 EXIT PASSAGEWAYS

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.

1024.2 Width. The minimum width or required capacity of exit passageways shall be maintained in accordance with the applicable building code.

1024.3 Maintenance. Exit passageway enclosures shall be maintained as approved in accordance with the applicable building code. Fire-resistance-rated construction shall be maintained in accordance with Chapter 7.

1024.4 Termination. The termination of exit passageways shall be maintained as approved in accordance with the applicable building code.

1024.5 Openings. Exit passageway opening protectives shall be maintained in accordance with the applicable building code.

1024.6 Penetrations. Penetration protection shall be maintained in accordance with the applicable building code.

1024.7 Ventilation. Equipment and ductwork for exit passageway ventilation shall be maintained in accordance with the applicable building code.

SECTION 1025 LUMINOUS EGRESS PATH MARKINGS

1025.1 General. Luminous egress path markings shall be maintained in accordance with the applicable building code.

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.

1025.2.5 Obstacles. Where the applicable building code requires luminous egress path markings of obstacles projecting into the egress path, the markings shall be maintained as approved in accordance with the applicable building code.

1025.2.6 Doors within the exit path. Luminous egress path markings of doors through which occupants must pass in order to complete the exit path shall be maintained as approved in accordance with the applicable building code.

1025.4 Self-luminous and photoluminescent. Self-luminous and photoluminescent egress path markings shall be maintained in accordance with the applicable building code.

1025.5 Illumination. Photoluminescent exit path markings shall be maintained in accordance with the applicable building code.

SECTION 1026 HORIZONTAL EXITS

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.

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.

1026.3 Opening protectives. Fire doors in horizontal exits shall be maintained in accordance with the applicable building code.

1026.4 Refuge area. Where provided, the refuge area of a horizontal exit shall be maintained in accordance with the applicable building code.

SECTION 1027 EXTERIOR EXIT STAIRWAYS AND RAMPS

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.

1027.2 Use in a means of egress. Exterior exit stairways and ramps approved as an element of a required means of egress in accordance with the applicable building code shall be maintained.

1027.3 Open side. Required open side area for exterior exit stairways and ramps serving as an element of a required means of egress shall be maintained as approved in accordance with the applicable building code.

1027.4 Side yards. The open areas adjoining exterior exit stairways or ramps required by the applicable building code to be yards, courts, or public ways shall be maintained as approved in accordance with the applicable building code.

1027.5 Location. The minimum fire separation distance from the exterior edge of the stairway or ramps, including landings for exterior exit stairways and ramps, shall be maintained as approved in accordance with the applicable building code.

1027.6 Exterior exit stairway and ramp protection. Separation or fire-resistance-rated protection of exterior exit stairways and ramps from the interior of the building shall be maintained as approved in accordance with the applicable building code.

SECTION 1028 EXIT DISCHARGE

1028.1 General. The exit discharge shall be maintained in accordance with the applicable building code.

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.

1028.3 Exit discharge components. Exit discharge components shall be maintained in accordance with the applicable building code.

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.

1028.4.1 Width or capacity. The required capacity of egress courts shall be maintained in accordance with the applicable building code.

1028.4.2 Egress court protection. Separation or fire-resistance-rated construction required by the applicable building code for an egress court serving a building or portion thereof shall be maintained as approved in accordance with the applicable building code.

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 five 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 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.

SECTION 1029 EGRESS COURTS

1029.1 General. Egress courts serving as an exit discharge component in the means of egress system shall be maintained in accordance with the applicable building code.

1029.1.1 Bleachers. Bleachers, grandstands, and folding and telescopic seating shall be maintained in accordance with the applicable building code.

1029.1.1.1 Spaces under grandstands and bleachers. Fire-resistance-rated construction for spaces under grandstands and bleachers shall be maintained in accordance with Chapter 7.

1029.2 Assembly main exit. The assembly main exit shall be maintained in accordance with the applicable building code.

1029.3 Assembly other exits. Other assembly exits shall be maintained in accordance with the applicable building code.

1029.4 Foyers and lobbies. In Group A-1 occupancies, where persons are admitted to the building at times when seats are not available, such persons shall be allowed to wait in a lobby or similar space, provided such lobby or similar space shall not encroach upon the minimum width or required capacity of the means of egress. Such foyer, if not directly connected to a public street by all the main entrances or exits, shall be maintained with a straight and unobstructed path of travel to every such main entrance or exit in accordance with the applicable building code.

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.

1029.6 Capacity of aisle for assembly. The required capacity of aisles shall be maintained in accordance with the applicable building code.

1029.7 Travel distance. The exit access travel distance shall be maintained as approved in accordance with the applicable building code.

1029.8 Common path of egress travel. The common path of egress travel shall be maintained as approved in accordance with the applicable building code.

1029.8.1 Path through adjacent row. Paths through adjacent rows shall be maintained as approved in accordance with the applicable building code.

1029.9 Assembly aisles are required. Aisles leading to exits for every occupied portion of any building, room, or space used for assembly purposes that contains seats, tables, displays, similar fixtures, or equipment shall be maintained as approved in accordance with the applicable building code.

1029.9.1 Minimum aisle width. The minimum clear width for aisles shall be maintained in accordance with the applicable building code.

1029.9.2 Aisle catchment area. Aisle capacity and catchment areas shall be maintained as approved in accordance with the applicable building code.

1029.9.3 Converging aisles. Where aisles converge to form a single path of egress travel, the required capacity of that path shall be maintained to not less than that approved in accordance with the applicable building code.

1029.9.4 Uniform width and capacity. Where required by the applicable building code for aisles where egress is possible in either of two directions, uniform width and required capacity shall be maintained.

1029.9.5 Dead-end aisles. Dead-end aisles shall be maintained as approved by the applicable building code. Each end of an aisle shall remain unobstructed to a cross aisle, foyer, doorway, vomitory, concourse, or stairway having access to an exit where required by the applicable building code.

1029.9.6 Aisle measurement. The clear width for aisles shall be measured in accordance with the applicable building code.

1029.10 Transitions. Transitions between stairways and stepped aisles shall be maintained in accordance with the applicable building code.

1029.10.3 Transition marking. Distinctive marking stripes at each nosing or leading edge adjacent to the transition shall be maintained as approved in accordance with the applicable building code.

1029.12.1 Walking surface. The surface of aisles, stepped aisles, and ramped aisles required by the applicable building code to be of slip-resistant materials that are securely attached shall be maintained.

1029.12.2 Outdoor conditions. Outdoor aisles, stepped aisles, and ramped aisles and outdoor approaches to aisles, stepped aisles, and ramped aisles required by the applicable building code to be designed to prevent the accumulation of water shall be maintained as approved so that water will not accumulate on the walking surface. Outdoor aisles, stepped aisles, and ramped aisles and outdoor approaches to aisles, stepped aisles, and ramped aisles not regulated by the USBC shall be maintained so that water will not accumulate on the walking surface.

1029.13 Aisle accessways. Aisle accessways for seating at tables and seating in rows shall be maintained as approved in accordance with the applicable building code.

1029.14 Assembly aisle walking surfaces. Ramped and stepped aisles shall be maintained in accordance with the applicable building code.

1029.15 Seat stability. Where the applicable building code requires seats to be securely fastened to the floor or in groups, in a building, room, or space used for assembly purposes, seats shall be arranged and maintained as approved in accordance with the applicable building code.

1029.16 Handrails. Handrails serving ramped aisles shall be maintained in accordance with the applicable building code.

1029.17 Assembly guards. Guards required by the applicable building code adjacent to seating in a building, room, or space used for assembly purposes shall be maintained as approved in accordance with the applicable building code.

1029.17.1 Perimeter guards. Perimeter guards shall be maintained in accordance with the applicable building code.

SECTION 1030 EMERGENCY ESCAPE AND RESCUE

1030.1 General. Emergency escape and rescue openings of a building, including those in Groups R-2, R-3, R-4, and R-5 occupancies, shall be maintained in accordance with the applicable building code.

1030.2 Minimum size. Emergency escape and rescue openings shall be maintained to provide the minimum net clear opening area, height, and width in accordance with the applicable building code when normally operated.

1030.3 Maximum height from floor. Emergency escape and rescue opening height from the floor as measured in accordance with the applicable building code shall be maintained.

1030.4 Window wells. An emergency escape and rescue opening and associated window well shall be maintained in accordance with the applicable building code. Emergency escape and rescue openings shall remain able to be fully opened. Ladders or steps shall not be obstructed by the emergency escape and rescue opening or other objects.

1030.5 Bars, grilles, covers, and screens. Bars, grilles, covers, screens, or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided that the minimum net clear opening size complies with the applicable building code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the emergency escape and rescue opening.

SECTION 1031 MAINTENANCE OF THE MEANS OF EGRESS

1031.1 General. The means of egress for buildings or portions thereof shall be maintained in accordance with this section.

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 of the VCC.

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 of the VCC. 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 106.3 of the VCC when a consistent device cannot be installed.

1031.3 Obstructions. A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice.

1031.3.1 Group I-2. In Group I-2, the required clear width for aisles, corridors, and ramps that are part of the required means of egress shall comply with Section 1020.2. The facility shall have a plan to maintain the required clear width during emergency situations.

Exception: In areas required for bed movement, equipment shall be permitted in the required width where all of the following provisions are met:

1. The equipment is low hazard and wheeled.

2. The equipment does not reduce the effective clear width for the means of egress to less than five feet (1525 mm).

3. The equipment is limited to:

3.1. Equipment and carts in use.

3.2. Medical emergency equipment.

3.3. Infection control carts.

3.4. Patient lift and transportation equipment.

4. Medical emergency equipment and patient lift and transportation equipment, when not in use, are required to be located on one side of the corridor.

5. The equipment is limited in number to not more than one per patient sleeping room or patient care room within each smoke compartment.

1031.4 Exit signs. Exit signs shall be maintained in accordance with Sections 1013 and 1203 and the applicable building code. Decorations, furnishings, equipment, or adjacent signage that impairs the visibility of exit signs, creates confusion, or prevents identification of the exit shall not be allowed.

1031.5 Nonexit identification. Where a door is adjacent to, constructed similar to, and can be confused with a means of egress door, that door shall be identified with an approved sign that identifies the room name or use of the room.

1031.6 Finishes, furnishings, and decorations. Means of egress doors shall be maintained in such a manner as to be distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors. Furnishings, decorations, or other objects shall not be placed so as to obstruct exits, access thereto, egress therefrom, or visibility thereof. Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit. Mirrors shall not be placed on exit doors. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit.

1031.7 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be maintained in accordance with the code that was in effect at the time of construction and both of the following:

1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

2. Bars, grilles, grates, or similar devices are allowed to be placed over emergency escape and rescue openings provided that the minimum net clear opening size complies with the code that was in effect at the time of construction, and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the emergency escape and rescue opening.

1031.8 Inspection, testing and maintenance. Two-way communication systems for areas of refuge shall be inspected and tested on a yearly basis to verify that all components are operational. Where required, the tests shall be conducted in the presence of the fire code official. Records of inspection, testing and maintenance shall be maintained.

1031.9 Floor identification signs. The floor identification signs shall be maintained in accordance with Section 1023.9 and the applicable building code.

1031.10 Emergency lighting equipment inspection and testing. Emergency lighting shall be maintained in accordance with Section 108 and shall be inspected and tested in accordance with Sections 1031.10.1 and 1031.10.2.

1031.10.1 Activation test. Emergency lighting equipment shall be tested monthly for a duration of not less than 30 seconds. The test shall be performed manually or by an automated self-testing and self-diagnostic routine. Where testing is performed by self-testing and self-diagnostics, a visual inspection of the emergency lighting equipment shall be conducted monthly to identify any equipment displaying a trouble indicator or that has become damaged or otherwise impaired.

1031.10.2 Power test. Battery-powered emergency lighting equipment shall be tested annually by operating the equipment on battery power for not less than 90 minutes.

1031.11 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, the conditions of its approval, and the manufacturer's instructions. The fire code official shall be authorized to revoke the use and storage of emergency supplemental hardware within a building for due cause based on failure to comply with requirements in this code or the applicable building code. Revocations shall be rescinded upon achieving compliance with this code and the applicable building code.

1031.12 Area of refuge. Areas of refuge shall be maintained in accordance with Sections 1009.6 and 1031.8 and the applicable building code. Designated areas shall be free of obstructions at all times and any required signs, instructions, or equipment shall be maintained.

1031.13 Door opening force. The force for pushing or pulling open interior swinging egress doors, other than fire doors, shall not exceed the maximum force permitted by the applicable building code. These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door in a closed position.

13VAC5-52-230. IFC Chapter 11 Construction Requirements for Existing Buildings.

Delete Chapter 11 in its entirety.

13VAC5-52-240. IFC Chapter 12 Energy Systems.

A. Make the following changes to Section 1201, General.

Change Sections 1201.1, 1201.2, and 1201.3 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. It shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that is under the exclusive control of an electric utility or lawfully designated agency.

1201.2 Electrical wiring and equipment. Electrical wiring and equipment used in connection with energy systems shall be maintained in accordance with this chapter, Section 603, and the applicable building code.

1201.3 Mixed Systems. The aggregate nameplate kWh energy of all energy storage systems in a fire area shall not exceed the maximum quantity specified for any of the energy systems in the applicable building code and approved by the building official. Where required by the fire code official, a hazard mitigation analysis shall be provided and approved in accordance with Section 106.3 to evaluate any potential adverse interaction between the various energy systems and technologies.

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 comply with Sections 1203.1.1 through 1203.1.9.

1203.1.1 Generators. Emergency and standby power generators shall be listed.

2. Change Sections 1203.1.2 and 1203.1.3 to read:

1203.1.2 Fuel line piping protection. Fuel lines supplying a generator set inside a high-rise building shall be maintained in accordance with the applicable building code. Fire resistance ratings shall be maintained in accordance with Chapter 7.

1203.1.3 Installation. Emergency power systems and standby power systems shall be approved in accordance with the applicable building code.

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 be maintained to provide the required power for the minimum duration specified in the applicable building code without being refueled or recharged.

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 for elevators and platform lifts as required in Sections 604.3 and 1009.5.

11. Change Section 1203.2.3 to read:

1203.2.3 Emergency responder radio coverage systems. Standby power shall be maintained for emergency responder radio coverage systems in accordance with Section 510 and the applicable building code. Where specified in the applicable building code, the standby power supply shall be capable of operating the emergency responder radio coverage system at 100% system operation capacity for the duration specified in the applicable building code.

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 Sections 1203.2.5 and 1203.2.6 to read:

1203.2.5 Exhaust ventilation. Where standby power for mechanical exhaust ventilation systems is provided or required by the applicable building code, the standby power shall be maintained.

1203.2.6 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 1203.2.7 to read:

1203.2.7 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 1203.2.8 to read:

1203.2.8 Group I-2 occupancies. Essential electrical systems required by the applicable building code for Group I-2 occupancies shall be maintained in accordance with NFPA 70.

16. Change Section 1203.2.9 to read:

1203.2.9 Group I-3 occupancies. Where power-operated sliding doors or power-operated locks for swinging doors in Group I-3 occupancies are operable by a manual release mechanism at the door, and emergency power provided or required by the applicable building code, they shall be maintained.

17. Change Section 1203.2.10 to read:

1203.2.10 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. Change Section 1203.2.11 to read:

1203.2.11 High-rise buildings. Standby power and emergency power shall be maintained for high-rise buildings in accordance with Section 1203 and the applicable building code.

19. Change Section 1203.2.12 to read:

1203.2.12 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 1203.2.13 to read:

1203.2.13 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 1203.2.14 to read:

1203.2.14 Laboratory suites. Standby or emergency power shall be maintained for laboratory suites in accordance with Section 1203 and the applicable building code.

22. Change Section 1203.2.15 to read:

1203.2.15 Means of egress illumination. Emergency power shall be maintained for means of egress illumination in accordance with the applicable building code.

23. Change Section 1203.2.16 to read:

1203.2.16 Membrane structures. Standby power shall be maintained for auxiliary inflation systems in permanent membrane structures in accordance with the 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 1203.2.17 to read:

1203.2.17 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 1203.2.18 to read:

1203.2.18 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 1203.2.19 to read:

1203.2.19 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 70, NFPA 110, 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 1205, Solar Photovoltaic Power Systems.

1. Change Section 1205.1 to read:

1205.1 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 1205.2 to read:

1205.2 Access and pathways. Roof access, pathways, and spacing requirements shall be maintained in accordance with the applicable building code. Pathways shall remain capable of supporting the loads required by the applicable building code. Pathways shall be maintained unobstructed and free from vent pipes, conduit, or mechanical equipment unless otherwise approved in accordance with the applicable building code.

3. Delete Section 1205.3.3 and change Section 1205.2.1 to read:

1205.2.1 Roof access points. Roof access points shall be maintained in areas that do not require 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.

4. Change Section 1205.5 to read:

1205.5 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 1206, Stationary Fuel Cell Power Systems.

1. Change Section 1206.1 to read:

1206.1 General. Stationary fuel cell power systems shall be maintained in accordance with this section and the applicable building code.

2. Delete Sections 1206.2 and 1206.3.

3. Change Section 1206.4 to read:

1206.4 Maintenance. Installation of stationary fuel cell power systems shall be approved by the building official and 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 1206.6.1, 1206.6.2, and 1206.13.1 and change Sections 1206.5, 1206.6, and 1206.8 through 1206.13 to read:

1206.5 Residential use. Stationary fuel cell power systems shall not be operated in Group R-3, R-4, and R-5 buildings or dwelling units associated with Group R-2 buildings unless they are specifically listed for residential use and approved in accordance with the applicable building code.

1206.6 Indoor installations. Stationary fuel cell power systems operated in indoor locations shall be specifically listed and labeled for indoor use and comply with the applicable building code. For purposes of this section, an indoor location includes a roof and 50% or greater enclosing walls.

1206.8 Outdoor installation. Separation required by the applicable building code for outdoor stationary fuel cell power systems shall be maintained from the following:

1. Lot lines.

2. Public ways.

3. Buildings.

4. Stored combustible materials.

5. Hazardous materials.

6. High-piled stock.

7. Any portion of a designated means of egress system.

8. Other exposure hazards.

1206.9 Fuel supply. The fuel supply for stationary fuel cell power systems shall be maintained in accordance with Chapter 53, Chapter 58, and the applicable building code and based on the particular fuel being supplied to the system.

1206.10 Manual shutoff. Access to a manual shutoff valves shall not be obstructed. Manual shutoff valves shall be maintained in accordance with the applicable building code.

1206.11 Ventilation and exhaust. Ventilation and exhaust for stationary fuel cell power systems shall be operated and maintained in accordance with NFPA 853 and the applicable building code.

1206.12 Fire suppression. Fire suppression for stationary fuel cell power systems shall be maintained in accordance with Chapter 9 and NFPA 853.

1206.13 Gas detection systems. Gas detection systems for stationary fuel cell power systems shall be maintained in accordance with Chapter 9 and the applicable building code.

E. Make the following changes to Section 1207, Electrical Energy Storage Systems.

1. Change Sections 1207.1.2, 1207.1.3, and 1207.1.4 to read:

1207.1.2 Permits. Permits shall be required as set forth in Section 107.2.

1207.1.3 Documents. At the minimum, the following information shall be provided with the operational permit application:

1. Location and layout diagram of the room or area in which the energy storage system (ESS) is located.

2. Details on the hourly fire-resistance ratings of assemblies enclosing the ESS.

3. The quantities and types of ESS.

4. Manufacturer’s specifications, ratings, and listings of each ESS.

5. Description of energy (battery) management systems and their operation.

6. Location and content of required signage.

7. Details on fire suppression, smoke or fire detection, thermal management, ventilation, exhaust, and deflagration venting systems, if provided.

8. Support arrangement, including any required seismic restraint.

9. A decommissioning plan in accordance with Section 1207.2.3.

1207.1.4 Hazard mitigation analysis. As part of the operational permit application, a failure modes and effects analysis (FMEA) or other hazard mitigation analysis approved in accordance with the applicable building code shall be provided to the fire official under any of the following conditions:

1. Where ESS technologies not specifically in Table 1207.1.1 are provided.

2. More than one ESS technology is provided in a room or enclosed area where there is a potential for adverse interaction between technologies.

3. Where allowed as a basis for increasing maximum allowable quantities in accordance with the applicable building code.

The FMEA shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the fire code official and shall analyze the fire safety properties of the design, operation, or use of the building or premises and the facilities and appurtenances situated thereon to recommend necessary changes. The fire code official is authorized to require that the FMEA be prepared by and bear the stamp of a registered design professional.

2. Delete Sections 1207.1.4.1 and 1207.1.4.2.

3. Change Sections 1207.1.4.3, 1207.1.5, and 1207.2.1 to read:

1207.1.4.3 Additional protection measures. Equipment and systems that are required for the ESS to comply with the hazardous mitigation analysis shall be maintained in accordance with the applicable building code.

1207.1.5 Large-scale fire test. ESS approved by the building official based on large-scale fire testing conducted or witnessed and reported by an approved testing laboratory in accordance with the applicable building code shall be maintained such that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas, and walk-in units will be contained within the room, enclosed area, or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in the applicable building code.

1207.2.1 Commissioning. Prior to operational permit issuance, newly installed ESS and existing ESS that have been retrofitted, replaced, or previously decommissioned and are returning to service shall be commissioned in accordance with the applicable building code. The fire official shall be provided, upon request, with documentation of personnel who are qualified to service, maintain, and decommission the ESS and respond to incidents involving the ESS, including documentation that such service has been contracted for.

Exception: Commissioning shall not be required for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76 and operate at less than 50 volts alternating current (VAC) and 60 volts direct current (VDC). A decommissioning plan shall be provided and maintained where required by the fire code official.

4. Delete Section 1207.2.1.1.

5. Change Sections 1207.2.1.2, 1207.2.3, 1207.3.3, 1207.3.4, 1207.3.5, and 1207.3.6 to read:

1207.2.1.2 Commissioning report. A report describing the results of the system commissioning, including the results of the initial acceptance testing required by the applicable building code, shall be provided to the fire code official, upon request. A copy of the report shall be maintained at an approved on-site location.
1207.2.3 Decommissioning. Decommissioning shall be performed in accordance with the decommissioning plan approved in accordance with the applicable building code. The fire code official shall also be notified by the ESS owner prior to the decommissioning of an ESS.

1207.3.3 Utility interactive systems. When required by the applicable building code, inverters shall be listed and labeled in accordance with UL 1741. Only inverters listed and labeled for utility interactive system use and identified as interactive shall be allowed to operate in parallel with the electric utility power system to supply power to common loads.

1207.3.4 Energy storage management system. Approved energy storage management systems required by the ESS listing that monitor and balance cell voltages, currents, and temperatures within the manufacturer's specifications shall be maintained. The system shall disconnect electrical connections to the ESS or otherwise place it in a safe condition if potentially hazardous temperatures or other conditions, such as short circuits, over voltage, or under voltage are detected.

1207.3.5 Enclosures. Enclosures of ESS shall be maintained in accordance with the applicable building code.

1207.3.6 Repairs or Alterations. Repairs or alterations of ESS shall only be done by qualified personnel. Repairs and alterations shall be in accordance with the applicable building code. Repairs shall be documented in the service records log.

6. Delete Sections 1207.3.7, 1207.3.7.1, 1207.3.8, and 1207.3.9.

7. Change Sections 1207.4, 1207.4.2, and 1207.4.3 to read:

1207.4 General maintenance requirements. Stationary and mobile ESS shall comply with the requirements of Sections 1207.4.1 through 1207.4.12.

1207.4.2 Working clearances. Access and working space shall be maintained about all electrical equipment to permit ready and safe operation and maintenance of such equipment in accordance with the applicable NFPA 70 and the manufacturer's instructions.

1207.4.3 Fire-resistance-rated separations. Fire-resistance-rated separations for rooms and other indoor areas containing ESS shall be maintained in accordance with the applicable building code and Chapter 7.

8. Delete Section 1207.4.4.

9. Change Sections 1207.4.7, 1207.4.10, and 1207.4.11 to read:

1207.4.7 Toxic and highly toxic gases. Hazardous exhaust systems for ESS that have the potential to release toxic and highly toxic gas during charging, discharging, and normal use conditions shall be operated and maintained.

1207.4.10 Occupied work centers. Cabinets containing electrochemical ESS located in rooms or areas occupied by personnel not directly involved with maintenance, service, and testing of the systems shall be secured and provided with signage complying with Section 1207.4.8.

1207.4.11 Open rack installations. Where electrochemical ESS are located in a separate equipment room and only authorized personnel have access to the room, electrochemical ESS shall be permitted to be located on an open rack for ease of maintenance.

10. Delete Table 1207.5 Maximum Allowable Quantities of Electrochemical ESS.

11. Change Sections 1207.5, 1207.5.1, 1207.5.2, 1207.5.2.1, 1207.5.3 (Items 1 and 2 remain), 1207.5.4, 1207.5.4.1, 1207.5.5, 1207.5.5.1, 1207.5.6, and 1207.5.8 to read:

1207.5 Electrochemical ESS protection. The protection of electrochemical ESS shall be maintained in accordance with Sections 1207.5.1 through 1207.5.8.

1207.5.1 Size and separation. The configuration and size of electrochemical ESS groups approved in accordance with the applicable building code shall be maintained in accordance with the applicable building code. The separation between different electrochemical ESS groups and between electrochemical ESS and walls in the storage room or area shall be maintained in accordance with the applicable building code.

1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas, and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in the applicable building code.

1207.5.2.1 Mixed electrochemical energy systems. Where rooms, areas, and walk-in units contain different types of electrochemical energy technologies, the total aggregate quantities of the systems shall not exceed those allowed by the applicable building code.

1207.5.3 Elevation. Unless otherwise approved in accordance with the applicable building code, electrochemical ESS shall not be located in the following areas:

1207.5.4 Fire detection. Where required or provided in accordance with the applicable building code, approved automatic smoke detection systems or radiant energy-sensing fire detection systems installed in rooms, indoor areas, and walk-in units containing electrochemical ESS, shall be maintained in accordance with Chapter 9 and the applicable building code. Where required or provided in accordance with the applicable building code, approved radiant energy-sensing fire detection systems installed to protect open parking garage and rooftop, installations shall be maintained in accordance with Chapter 9 and the applicable building code. Where required or provided in accordance with the applicable building code, signals from detection systems shall continue to be transmitted to a central station, proprietary, or remote station service in accordance with NFPA 72 or, where approved, to a constantly attended location.

1207.5.4.1 System status. Where required or provided in accordance with the applicable building code, visible annunciation provided on cabinet exteriors or in other approved locations to indicate that potentially hazardous conditions associated with the ESS exist shall be maintained in accordance with the applicable building code.

1207.5.5 Fire suppression systems. Automatic fire suppression systems required by the applicable building code for rooms and areas within buildings and walk-in units containing electrochemical ESS shall be maintained in accordance with Chapter 9 and the applicable building code.

1207.5.5.1 Water-reactive systems. Alternative automatic fire-extinguishing systems approved in accordance with the applicable building code, based on large-scale fire testing for the protection of electrochemical ESS that utilize water-reactive materials shall be maintained in accordance with the applicable building code.

1207.5.6 Maximum enclosure size. Unless otherwise approved in accordance with the applicable building code, outdoor walk-in units housing ESS shall not exceed 53 feet by 8.0 feet by 9.5 feet high (16,154 mm × 2438 mm × 2896 mm), not including bolt-on HVAC and related equipment. Outdoor walk-in units exceeding these limitations shall be considered indoor installations and comply with the requirements in Section 1207.7.

1207.5.8 Means of egress separation. ESS located outdoors and in open parking garages shall continue to be separated from any means of egress in accordance with the applicable building code to ensure safe egress under fire conditions.

12. Delete Table 1207.6 Electrochemical ESS Technology-Specific Requirements.

13. Change Sections 1207.6, 1207.6.1, 1207.6.1.1, 1207.6.1.2, and 1207.6.1.2.1 to read:

1207.6 Electrochemical ESS technology-specific protection. Electrochemical ESS installations shall be maintained in accordance with this section and the applicable building code.

1207.6.1 Exhaust ventilation. Where required or provided in accordance with the applicable building code, exhaust ventilation of rooms, areas, and walk-in units containing electrochemical ESS shall be maintained in accordance with the applicable building code.

1207.6.1.1 Ventilation based on LFL. Where required or provided in accordance with the applicable building code, exhaust ventilation systems designed to limit the maximum concentration of flammable gas to 25% of the lower flammable limit (LFL) of the total volume of the room, area, or walk-in unit during the worst-case event of simultaneous charging of batteries at the maximum charge rate shall be maintained in accordance with the applicable building code.

1207.6.1.2 Ventilation based on exhaust rate. Continuous mechanical exhaust ventilation, or activated by a gas detection system required by the applicable building code to be provided at a rate of not less than one ft³/min/ft² (5.1 L/sec/m²) of floor area of the room, area, or walk-in unit shall be maintained in accordance with the applicable building code.

1207.6.1.2.1 Standby power. Where standby power is required by the applicable building code for exhaust ventilation, the standby power shall be maintained in accordance with the applicable building code.

14. Delete Section 1207.6.1.2.2.

15. Change Sections 1207.6.1.2.3, 1207.6.1.2.4, and 1207.6.2 to read:

1207.6.1.2.3 Supervision. Where mechanical exhaust ventilation systems are required by the applicable building code to be supervised by an approved central station, proprietary, or remote station service in accordance with the applicable NFPA 72, the system shall continue to be supervised. Or, the system shall initiate an audible and visible signal at an approved constantly attended onsite location in accordance with the applicable building code.

1207.6.1.2.4 Gas detection system. Continuous gas detection systems required by the applicable building code for rooms, areas, and walk-in units containing ESS shall be maintained in accordance with the applicable building code.

1207.6.2 Spill control and neutralization. Spill control and neutralization required by the applicable building code for areas containing free-flowing liquid electrolyte or hazardous materials shall be maintained in accordance with the applicable building code.

16. Delete Sections 1207.6.2.1 and 1207.6.2.2.

17. Change Sections 1207.6.3, 1207.6.4, and 1207.6.5 to read:

1207.6.3 Explosion control. Explosion control shall be maintained in accordance with Chapter 9 and the applicable building code.

1207.6.4 Safety caps. Flame-arresting safety caps for vented batteries provided or required in accordance with the applicable building code, shall be maintained.

1207.6.5 Thermal runaway. Where the applicable building code requires batteries and other ESS to be provided with a listed device or other approved method to prevent, detect, and minimize the impact of thermal runaway, such listed devices or approved methods shall be maintained in accordance with the applicable building code.

18. Delete Table 1207.7 Indoor ESS Installations.

19. Change Sections 1207.7, 1207.7.1, 1207.7.2, 1207.7.3, and 1207.7.4 to read:

1207.7 Indoor installations. Indoor ESS installations shall be maintained in accordance with the applicable building code.

1207.7.1 Dedicated-use buildings. Buildings classified as Group F-1 occupancies and approved as dedicated-use ESS buildings in accordance with the applicable building code shall only be used and occupied as approved.

1207.7.2 Nondedicated-use buildings. Buildings that contain ESS and were approved as nondedicated-use buildings in accordance with the applicable building code shall be used or occupied as approved.

1207.7.3 Dwelling units and sleeping units. Unless otherwise approved in accordance with the applicable building code, ESS shall not be allowed in sleeping units or in habitable spaces of dwelling units.

1207.7.4 Fire-resistance-rated separations. Fire-resistance-rated separations for rooms and areas containing ESS, required by the applicable building
code, shall be maintained in accordance with the applicable building code.

20. Delete Table 1207.8 Outdoor ESS Installations.

21. Change Sections 1207.8, 1207.8.1, 1207.8.2, 1207.8.3 (Items 1 through 7 remain), and 1207.8.4 to read:

1207.8 Outdoor installations. Outdoor installations shall be maintained in accordance with the applicable building code.

1207.8.1 Remote outdoor installations. For the purpose of Section 1207.8, ESS located more than 100 feet (30,480 mm) from buildings, lot lines, public ways, stored combustible materials, hazardous materials, high-piled stock, and other exposure shall be considered remote outdoor installations.

1207.8.2 Installations near exposures. For the purpose of Section 1207.8, all outdoor ESS installations that do not meet the criteria set forth by Section 1207.8.1, shall be considered installations near exposures.

1207.8.3 Clearance to exposures. Where the applicable building code requires a minimum of 10 feet (3,048 mm) separation between ESS located outdoors and the following exposures, the separation shall be maintained in accordance with the applicable building code.

1207.8.4 Exterior wall installations. Where the applicable building code allows ESS to be installed outdoors on exterior walls of buildings, the exterior walls shall be maintained in accordance with the applicable building code.

22. Delete Table 1207.9 Special ESS Installations.

23. Change Sections 1207.9, 1207.9.1, 1207.9.2, 1207.9.3 (Items 1 through 8 remain), 1207.9.4, 1207.9.5, and 1207.9.6 to read:

1207.9 Special installations. Rooftop and open parking garage ESS installations shall be maintained in accordance with the applicable building code.

1207.9.1 Rooftop installations. For the purpose of Section 1207.9, rooftop ESS installations are those located on the roofs of buildings.

1207.9.2 Open parking garage installations. For the purpose of Section 1207.9, open parking garage ESS installations are those located in a structure or portion of a structure that complies with the Open Parking Garage provisions set forth by the applicable building code.

1207.9.3 Clearance to exposures. Where the applicable building code requires a minimum of 10 feet (3048 mm) separation between ESS located on rooftops or in open parking garages and the following exposures, the separation shall be maintained in accordance with the applicable building code.

1207.9.4 Fire suppression systems. Automatic fire suppression systems required by the applicable building code for the following, shall be maintained in accordance with Chapter 9 and the applicable building code:

1. Automatic fire suppression systems, installed within the ESS enclosure, for ESS located in walk-in units on rooftops.

2. Automatic fire suppression systems, installed within the ESS enclosure, for ESS located in walk-in units in open parking garages.

3. Automatic fire suppression systems in areas containing ESS other than walk-in units in open parking structures on levels not open above to the sky.

1207.9.5 Rooftop installations. The following features required by the applicable building code for ESS and associated equipment that are located on rooftops and not enclosed by building construction shall be maintained in accordance with the applicable building code.

1. Stairway access to the roof for emergency response and fire department personnel provided either through a bulkhead from the interior of the building or a stairway on the exterior of the building.

2. Service walkways provided for service and emergency personnel from the point of access to the roof to the system.

3. Distance required by the applicable building code between ESS and associated equipment and the edge of the roof.

4. The roofing materials under and within the horizontal distance specified by the applicable building code from an ESS or associated equipment.

5. Class I standpipe outlets installed at an approved location on the roof level of the building or in the stairway bulkhead at the top level.

6. The ESS separation from the fire service access point on the rooftop.

1207.9.6 Open parking garages. ESS and associated equipment that are located in open parking garages shall be maintained in accordance with the applicable building code.

24. Delete footnotes "b", "c", "d", and "e" from Table 1207.10 Mobile Energy Storage Systems (ESS).

25. Change Sections 1207.10.3, 1207.10.4, 1207.10.4.1 (Items 1 through 10 remain), and 1207.10.5 to read:

1207.10.3 Permits. Permits shall be required as set forth in Section 107.2.

1207.10.4 Documents. Documents complying with Section 1207.1.3 shall be provided with the operational permit application for mobile ESS charging and storage locations.

1207.10.4.1 Deployment documents. At the minimum, the following information shall be provided with the operational permit applications for mobile ESS deployments:

1207.10.5 Approved locations. Locations where mobile ESS are charged, stored, and deployed shall be restricted to the locations approved in accordance with the applicable building code and identified on the operational permits.

26. Change Exceptions 1 and 2 of Section 1207.10.6 to read:

Exceptions:

1. Electrical connections permitted by the applicable building code to be made using temporary wiring complying with the manufacturer’s instructions, the UL 9540 listing, and NFPA 70 shall be maintained in accordance with the applicable building code.
2. Fire suppression system connections to the water supply permitted by the applicable building code to use approved temporary connections, shall be maintained in accordance with the applicable building code.

27. Change Sections 1207.10.7.2, 1207.10.7.3, 1207.10.7.4, 1207.10.7.5, and 1207.10.7.6 to read:

1207.10.7.2 Restricted locations. Unless otherwise approved in accordance with the applicable building code, mobile ESS operations shall not be located indoors, in covered parking garages, on rooftops, below grade, or under building overhangs.

1207.10.7.3 Clearance to exposures. Where the applicable building code requires a minimum of 10 feet (3048 mm) separation between deployed mobile ESS and the following exposures, the separation shall be maintained in accordance with the applicable building code.

1. Public ways.

2. Buildings.

3. Stored combustible materials.

4. Hazardous materials.

5. High-piled storage.

6. Other exposure hazards.

Where the applicable building code requires deployed mobile ESS to be separated by a minimum of 50 feet (15,240 mm) from public seating areas and from tents, canopies, and membrane structures with an occupant load of 30 or more, the separation shall be maintained.

1207.10.7.4 Electrical connections. Electrical connections shall be maintained in accordance with the manufacturer's instructions, the UL 9540 listing, and the applicable building code. Temporary wiring for electrical power connections shall comply with NFPA 70. Unless otherwise allowed by the applicable building code, fixed electrical wiring shall not be provided.

1207.10.7.5 Local staging. Mobile ESS in transit from the charging and storage location to the deployment location and back shall not be parked within 100 feet (30,480 mm) of an occupied building for more than one hour during transit, unless specifically approved by the fire code official when the operational permit is issued.

1207.10.7.6 Fencing. Fences with locked gates or other approved barriers required or provided in accordance with the applicable building code to keep the general public at least five feet (1524 mm) from the outer enclosure of a deployed mobile ESS shall be maintained in accordance with the applicable building code.

28. Change Sections 1207.11, 1207.11.1, 1207.11.2, 1207.11.2.1, 1207.11.3, 1207.11.4 (Items 1 through 4 remain), 1207.11.5, 1207.11.6, 1207.11.7, 1207.11.8, 1207.11.9, and 1207.11.10 to read:

1207.11 ESS in Group R-3 and R-4 occupancies. ESS in Group R-3 and R-4 occupancies shall be maintained in accordance with Sections 1207.11.1 through 1207.11.9. The temporary use of an owner's or occupant's electric-powered vehicle as an ESS shall be in accordance with Section 1207.11.10.

1207.11.1 Equipment listings. ESS shall be listed and labeled in accordance with UL 9540. Unless otherwise approved in accordance with the applicable building code, ESS listed and labeled solely for utility or commercial use shall not be used for residential applications.

1207.11.2 Maintenance. ESS shall be maintained in accordance with the manufacturer's instructions, their listing, and the applicable building code.

1207.11.2.1 Spacing. Where individual units are required by the applicable building code to be separated from each other by at least three feet (914 mm) of spacing unless smaller separation distances are documented to be adequate based on large-scale fire testing, the separation shall be maintained in accordance with the applicable building code.

1207.11.3 Location. Unless otherwise approved in accordance with the applicable building code, ESS shall be located only in the following locations:

1. Detached garages and detached accessory structures.

2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section 406.3.2 of the Virginia Construction Code.

3. Outdoors on exterior walls located a minimum of three feet (914 mm) from doors and windows.

4. Utility closets and storage or utility spaces within dwelling units and sleeping units.

1207.11.4 Energy ratings. Unless otherwise approved in accordance with the applicable building code, individual ESS units shall have a maximum rating of 20 kWh. The aggregate rating structure shall not exceed:

1207.11.5 Inverters. Where required by the applicable building code, inverters shall be listed and labeled in accordance with UL 1741 or provided as part of the UL 9540 listing. Systems connected to the utility grid shall use inverters listed for utility interaction in accordance with the applicable building code.

1207.11.6 Fire detection. Smoke alarms required by the applicable building code for rooms and areas within dwellings units, sleeping units, and attached garages in which ESS are installed shall be maintained in accordance with Chapter 9 and the applicable building code. Where smoke alarms cannot be installed based on their listing, heat detectors listed and interconnected to the smoke alarms installed in accordance with the applicable building code within dwelling units, sleeping units, and attached garages shall be maintained in accordance with Chapter 9 and the applicable building code.

1207.11.7 Protection from impact. Stationary storage battery systems installed in a location subject to vehicle damage shall be protected by approved barriers. Appliances in garages installed in accordance with the applicable building code shall be maintained in accordance with the applicable building code.

1207.11.8 Ventilation. Exhaust ventilation installed in accordance with the applicable building code for indoor installations of ESS that include batteries that produce hydrogen or other flammable gases during charging shall be operated and maintained in accordance with the applicable building code.

1207.11.9 Toxic and highly toxic gas. Unless otherwise approved in accordance with the applicable building code, ESS that have the potential to release toxic or highly toxic gas during charging, discharging, and normal use conditions shall not be installed within Group R-3 or R-4 occupancies.

1207.11.10 Electric vehicle use. The temporary use of an owner's or occupant's electric-powered vehicle to power a dwelling unit or sleeping unit while parked in an attached or detached garage or outside shall comply with the vehicle manufacturer's instructions and the applicable NFPA 70.

13VAC5-52-250. 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:

2007.1 General. Helistops and heliports shall be maintained in accordance with 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:

2007.5 Standpipe systems. A building with a rooftop helistop or heliport provided with a Class I or Class III standpipe system shall be maintained in accordance with Chapter 9 and the applicable code.

4. Change Section 2007.6 to read:

2007.6 Foam protection. Where provided 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.

13VAC5-52-260. 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:

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:

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:

2105.3 Type IV and Type V systems. Type IV and Type 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 Class III solvents. Scouring, brushing, and spotting and pretreating shall be permitted to be conducted with Class II or Class III solvents. The maximum quantity of Class II or Class III solvents permitted at any work station shall be one gallon (4 L). In other than Group H-2 occupancy, the aggregate quantities of solvents shall not exceed the maximum allowable quantity per control area for use-open system in accordance with the applicable building code.

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. 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 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.

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 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 Class II, Class IIIA, and Class 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:

2108.1 General. Fire protection systems, devices, and equipment shall be inspected, tested, and maintained in accordance with Chapter 9.

2. Change Section 2108.2 to read:

2108.2 Automatic sprinkler system. Automatic sprinkler systems required or provided for dry cleaning plants containing Type II, Type III-A, or Type III-B dry cleaning systems shall be maintained in accordance with Chapter 9. Where special conditions were required by the applicable building code, in order to not install an automatic sprinkler system, those conditions shall be maintained.

3. Delete Section 2108.3.

13VAC5-52-270. 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. Change Sections 2203.2 through 2203.2.1.3 to read:

2203.2 Dust-producing and dust-handling equipment. Dust-producing equipment and dusthandling equipment, including vacuums, dust collection systems, dryers, mixers, blenders, separators, conveyors, storage containers, silos, or other similar devices listed in accordance with the applicable building code shall be maintained in accordance with the applicable building code.

2203.2.1 Signages and markings. Signages and markings shall be maintained in accordance with the applicable building code.

2203.2.1.1 Deflagration vent discharge area markings. Where dust collection systems and other equipment, systems, or system components are provided with deflagration vents, the area within the deflagration vent's discharge area shall continue to be marked in an approved manner in accordance with the applicable building code.

2203.2.1.2 Caution signs. Signs required by the applicable building code to read as follows and be posted near the dust-containing equipment with deflagration vents, shall be maintained:

CAUTION: THIS EQUIPMENT CAN CONTAIN EXPLOSIVE DUST.

KEEP OUTSIDE THE MARKED AREA WHILE EQUIPMENT IS OPERATING.

2203.2.1.3 Warning signs. Vent closure markings that read "WARNING: EXPLOSION RELIEF DEVICE. STAY CLEAR" required by the applicable building code where dust collection systems and other equipment, systems, or system components are provided with deflagration vents, shall be maintained.

C. Change Section 2203.3 to read:

2203.3 Dust-collection and dust-conveying systems. Dust-collection and dust-conveying systems shall be maintained in accordance with the applicable building code.

D. Delete Sections 2203.3.1 through 2203.3.2, including Table 2203.3.1.2, and change Section 2203.3.3 to read:

2203.3.3 Cleanouts. Openings in enclosed equipment and conveyors shall be maintained to allow access to all parts of the equipment and conveyors to permit inspection, cleaning, maintenance, and the effective use of portable fire extinguishers or hose streams.

E. Change Sections 2203.4, 2203.4.1, 2203.4.2 (Items 1 through 4 remain), and 2203.4.3.1 to read:

2203.4 Sources of ignition. Sources of ignition shall be controlled in accordance with this section and the applicable building code.

2203.4.1 Classified electrical. Classified electrical equipment shall be maintained in accordance with the applicable NFPA 70. Electrical motors and electrical components of the equipment shall not be operated in the dust-laden airstream unless listed for locations in accordance with the applicable building code.

2203.4.2 Static electricity. Bonding and grounding required by the applicable building code in the following locations to minimize accumulation of static electric charge shall be maintained.

2203.4.3.1 Signs. Conspicuous signs with the following warning, required by the applicable building code to be posted in the vicinity of combustible dust-producing areas or in the vicinity of combustible dust use, shall be maintained:

NO WELDING. THE USE OF WELDING OR CUTTING EQUIPMENT IN OR NEAR THIS AREA IS DANGEROUS BECAUSE OF FIRE AND EXPLOSION HAZARDS. WELDING AND CUTTING SHALL BE DONE ONLY UNDER THE SUPERVISION OF THE PERSON IN CHARGE.

F. Change Sections 2203.4.4 and 2203.4.7 to read:

2203.4.4 Hot surfaces and hot equipment. Unless otherwise required or allowed by the applicable building code, in areas where a dust explosion hazard or dust flash fire hazard exists, the temperature (in degrees Celsius) of external surfaces shall be maintained below 80% of the lower of the dust-surface ignition temperature or the dust-cloud ignition temperature for worst case dusts. External surfaces shall include:

1. Compressors.

2. Steam, water, or process piping.

3. Ducts.

4. Conveyors.

5. Process equipment.

Where steam pipes or hot surfaces occur in dust-producing or dust-handling areas, accumulation of dust on the surfaces shall be minimized by an approved method.
Exception: Drying apparatus listed for the intended use and installed in accordance with the manufacturer's instructions.

2203.4.7 Spark-producing devices. Portable spark-producing devices shall not be operated within 20 feet (6096 mm) of areas requiring classified electrical unless separated by a permanent partition or approved in accordance with the applicable building code. The clear distance required by the applicable building code between spark-producing devices and areas requiring classified electrical shall be maintained.

G. Change Sections 2203.4.9, 2203.4.9.1, 2203.4.9.3, and 2203.4.9.5 to read:

2203.4.9 Open flames and fuel-fired equipment. Open flames and fuel-fired equipment shall be in accordance with this section and the applicable building code.
2203.4.9.1 Release of airborne combustible dust. Unless otherwise required by the applicable building code, production, maintenance, or repair activities that have the potential to release or force combustible dust to become airborne shall not be conducted within 35 feet (11 m) of an open flame or pilot flame.

2203.4.9.3 Equipment listing. Fuel-fired process equipment listed for its intended use in accordance with the applicable building code shall be operated and maintained in accordance with the manufacturer's instructions and the applicable building code.

2203.4.9.5 Sources of combustion air. Sources of combustion air ducted directly from the building exterior or from an unclassified location for heating units located in Class II electrically classified locations shall be maintained in accordance with the applicable building code.

H. Delete Section 2204 in its entirety.

13VAC5-52-280. 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 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:

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:

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 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 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:

2303.1 Dispensing operations. Dispensing 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. 10 feet (3048 mm) or more from lot lines.

2. 10 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 five feet (1524 mm) of building openings.

5. 20 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:

2303.2 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:

2304.2.2 Emergency controls. Emergency disconnect switches shall be maintained in accordance with Section 2303.2.

2. Change Section 2304.3.2 to read:

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. 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 often 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 often 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, Sections 2306.2 through 2306.6.3, and other applicable provisions of this code.

2. Change Sections 2306.2.1, 2306.2.1.1, and 2306.2.1.2 to read:

2306.2.1 Underground tanks. Underground tanks for the storage of Class I, Class II, and Class IIIA liquid fuels shall comply with Chapter 57. For tanks subject to Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580), see Section 5701.1.1.

2306.2.1.1 Inventory records 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.

A consistent or accidental loss of product shall be immediately reported to the fire official.

2306.2.1.2 Release detection for State Water Control Board regulated underground tanks. Underground storage tank systems subject to the Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580) shall comply with the release detection requirements of 9VAC25-580-130.

3. Change Section 2306.2.2 to read:

2306.2.2 Aboveground tanks located inside buildings. Aboveground tanks for the storage of Class I, Class II, and Class IIIA liquid fuels are allowed to be located in buildings where permitted by the applicable building code. For tanks subject to Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91), see Section 5701.1.1.

4. Change Section 2306.2.3 to read:

2306.2.3 Aboveground tanks located outdoors, above grade. Aboveground tanks shall not be used for the storage of Class I, Class II, or Class 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. For tanks subject to Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91), see Section 5701.1.1.

5. Delete Table 2306.2.3.

6. Change Section 2306.2.4 to read:

2306.2.4 Aboveground tanks located in above-grade vaults or below-grade vaults. Aboveground tanks used for storage of Class I, Class II, or Class IIIA liquid motor fuels are allowed to be installed in vaults located above grade or below grade where permitted by the applicable building code. For tanks subject to Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91), see Section 5701.1.1.

7. Change Section 2306.2.4.1 to read:

2306.2.4.1 Tank capacity limits. The individual and aggregate capacity of tanks storing Class I and Class II liquids at an individual site shall be limited to the quantities allowed in the applicable building code.

8. Change Section 2306.2.4.2 to read:

2306.2.4.2 Fleet vehicle motor fuel-dispensing facilities. The individual capacity and aggregate capacity of tanks storing Class II and Class IIIA liquids at a fleet vehicle motor fuel-dispensing facility shall be limited to the quantities allowed in the applicable building code.

9. Change Section 2306.2.6 to read:

2306.2.6 Special enclosures. Special enclosures, including concrete vaults, shall be maintained and remain in accordance with the applicable building code. Tanks for liquid motor fuels are allowed to be operated in approved special enclosures where maintained in accordance with the following:

1. The special enclosure shall be maintained liquid tight and vapor tight.

2. The special enclosure shall not contain backfill.

3. Sides, top, and bottom of the special enclosure shall be maintained as reinforced concrete, with openings for inspection through the top only.

4. Tank connections shall be maintained as piped or closed such that neither vapors nor liquid can escape into the enclosed space between the special enclosure and any tanks inside the special enclosure.

5. Means shall be maintained whereby portable equipment can be employed to discharge to the outside any vapors that might accumulate inside the special enclosure should leakage occur.

6. The individual and aggregate capacity of tanks containing Class I, Class II, or Class IIIA liquids operated inside a special enclosure shall be maintained as approved in accordance with the applicable building code.

7. Unless otherwise approved, each tank within special enclosures shall maintain a clear space of not less than three feet (910 mm) to allow for maintenance and inspection.

10. Change Section 2306.5 to read:

2306.5 Secondary containment. Drainage control or diking for aboveground tanks shall be maintained in accordance with Chapter 57. 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:

2306.6 Piping, valves, fittings, and ancillary equipment for use with flammable or combustible liquids. The design, fabrication, and assembly of piping, valves, fittings, and ancillary equipment shall be 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 2306.6.3.

12. Change Section 2306.6.2 to read:

2306.6.2 Piping, valves, fittings, and ancillary equipment for aboveground tanks for Class I, Class II, and Class III liquids. Piping, valves, fittings, and ancillary equipment for aboveground tanks for storing Class I, Class II, and Class III liquids shall be maintained in accordance with this section and in accordance with the applicable building code.

13. 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:

2306.6.2.2 Fill-pipe connections. 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:

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:

2306.6.2.4 Siphon prevention. 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:

2306.6.2.5 Emergency relief venting. 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:

2306.6.2.6 Spill containers. A spill container having a capacity of not less than five 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:

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:

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. 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. Change Section 2306.7.2 to read:

2306.7.2 Fixed pumps required. Unless otherwise approved in accordance with the applicable building code, Class I and Class 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:

2306.7.3 Mounting of dispensers. 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 six 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:

2306.7.4 Dispenser emergency shutoff valve. 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:

2306.7.5 Dispenser hose. Dispenser hoses shall be 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:

2306.7.5.1 Emergency breakaway devices. Unless otherwise approved in accordance with the applicable building code, dispenser hoses for Class I and Class 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:

2306.7.6 Fuel delivery nozzles. Unless specifically approved otherwise in accordance with the applicable building code, island-type dispensers used for dispensing Class I, Class II or Class 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:

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:

2306.7.7.1 Leak detection. Leak detection devices shall be maintained. 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. 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 five 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:

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:

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:

2306.7.9.1.1 Dispensing devices. Dispensing devices 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:

2306.7.9.1.2 Vapor-return line closeoff. 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:

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 accordance with the applicable building code, vapor return piping shall be maintained in a manner that 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:

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. 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:

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:

2306.7.9.2.1 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 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. 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. 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:

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. 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:

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:

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. 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. Change Section 2306.8.4 to read:

2306.8.4 Facility identification. Facilities dispensing alcohol-blended fuels shall be identified in accordance with § 59.1-167.1 of the Code of Virginia.

F. The following changes shall be made to Section 2307, Liquefied Petroleum Gas Motor Fuel-Dispensing Facilities:

1. Change Section 2307.1 to read:

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. 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. 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. 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:

2307.4 Location of dispensing operations and equipment. 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. 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 six 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. 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. 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:

2307.6.2 Hoses. Unless otherwise approved in accordance with the applicable building code, hoses and piping for the dispensing of LP-gas shall 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. 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:

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.

5. Portable fire extinguishers shall be provided in accordance with Section 2305.5.

6. Warning signs shall be provided in accordance with Section 2305.6.

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 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.

2308.2.3 Residential fueling appliance (RFA). Residential fueling appliances shall be maintained in accordance with their listing, the manufacturer installation instructions, and the applicable building code. The natural gas capacity of RFAs shall not exceed that allowed by the applicable building code.

2308.2.4 Vehicle fueling appliance (VFA). Nonresidential fueling appliances shall be maintained in accordance with their listing, the manufacturer installation instructions, and the applicable building code. The natural gas capacity of VFAs shall not exceed that allowed by 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.

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. 25 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. 50 feet (15,240 mm) or more from the vertical plane below the nearest overhead wire of a trolley bus line.

2. Change Section 2308.5 to read:

2308.5 Pressure regulators. Unless otherwise approved in accordance with the applicable building code, pressure regulators shall be maintained 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.

3. Change Section 2308.6 to read:

2308.6 Valves. Unless otherwise approved in accordance with the applicable building code, the remote, readily accessible manual shutoff valve shall be maintained.

4. Change Section 2308.7 to read:

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. 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:

2309.2 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 Sections 2309.2.1 through 2309.2.3.

3. Change Section 2309.2.1 to read:

2309.2.1 Approved equipment. 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 Chapters 53, 55, and 58.

4. Change Section 2309.2.2 to read:

2309.2.2 Listed or approved equipment. 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.

5. Change Section 2309.2.3 to read:

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:

2309.3 Location on property. 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 2309.3.1.1 to read:

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:

2309.3.1.2 Indoors. Generation, compression, storage and dispensing equipment 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:

2309.3.1.3 Gaseous hydrogen storage. Unless otherwise approved in accordance with the applicable building code, storage of gaseous hydrogen shall be maintained in accordance with Chapters 53 and 58.

10. Change Section 2309.3.1.4 to read:

2309.3.1.4 Liquefied hydrogen storage. Unless otherwise approved in accordance with the applicable building code, storage of liquefied hydrogen shall be maintained in accordance with Chapters 55 and 58.

11. Change Section 2309.3.1.5 to read:

2309.3.1.5 Canopy tops. Unless otherwise approved in accordance with the applicable building code, gaseous hydrogen compression and storage equipment operations located on top of motor fuel-dispensing canopies shall be maintained in accordance with 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:

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. 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. 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:

2309.4.1 Dispensing systems. 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:

2309.5 Safety precautions. Safety precautions at hydrogen motor fuel-dispensing and generation facilities shall be in accordance with Sections 2309.5.1 through 2309.5.3.1.

19. Change Section 2309.5.2 to read:

2309.5.2 Emergency shutoff valves. 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:

2309.5.3 Emergency shutdown controls. 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. 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.

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. 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, Class II, or Class 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:

2310.2 Storage and handling. The storage and handling of Class I, Class II, or Class IIIA liquids at marine motor fuel-dispensing facilities shall be maintained in accordance with Sections 2310.2.1 through 2310.2.3.

3. Change Section 2310.2.1 to read:

2310.2.1 Class I, Class II, or Class IIIA liquid storage. Unless otherwise approved in accordance with the applicable building code, Class I, Class II, or Class IIIA liquids stored inside of buildings used for marine motor fuel-dispensing facilities shall be stored in 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:

2310.2.2 Class II or Class IIIA liquid storage and dispensing. Unless specifically approved otherwise in accordance with the applicable building code, Class II or Class IIIA liquids stored or dispensed inside of buildings used for marine motor fuel-dispensing facilities shall be stored in and dispensed from approved containers or portable tanks. Storage of Class II and Class IIIA liquids shall be maintained to not exceed 120 gallons (454 L).

5. Change Section 2310.2.3 to read:

2310.2.3 Heating equipment. Heating equipment installed in Class I, Class II, or Class IIIA liquid storage or dispensing areas shall comply with Section 2301.6.

6. Change Section 2310.3.3 to read:

2310.3.3 Hoses and nozzles. Unless otherwise approved in accordance with the applicable building code, dispensing of Class I, Class II, or Class 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, Class II, or Class IIIA liquids, when not in use, shall be reeled, racked, or otherwise protected from mechanical damage.

7. Change Section 2310.3.5 to read:

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:

2310.6 Fire protection. Fire protection features for marine motor fuel-dispensing facilities shall be maintained in accordance 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 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:

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:

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:

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:

2311.4 Below-grade areas. Pits and below-grade work areas in repair garages shall comply with Sections 2311.4.1 through 2311.4.3.

6. Delete Section 2311.4.1.

7. Change Section 2311.4.2 to read:

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:

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 shall be maintained in accordance with the applicable building code to prevent the accumulation of flammable vapors.

9. 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 the vehicle's 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 three 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 three 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 three 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.

10. Delete Section 2311.8.8.1.

11. Change Section 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.

12. Change Sections 2311.8.9, 2311.8.9.1, and 2311.8.9.2 to read:

2311.8.9 Gas detection system. 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 (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. 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.

13VAC5-52-290. 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:

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:

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 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:

2403.2.1.2 Areas subject to deposits of residues. 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:

2403.2.1.3 Areas adjacent to spray booths. Unless otherwise approved by the applicable building code, electrical wiring and equipment located outside of, but within three feet (915 mm) horizontally and three feet (915 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:

2403.2.5 Grounding. Metal parts of spray booths, exhaust ducts, and piping systems conveying Class I or Class II liquids shall be 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:

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. 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 Class 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. 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:

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 2404.3.2 to read:

2404.3.2 Floor. Combustible floor construction in spray rooms shall be 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 2404.3.3 to read:

2404.3.3 Spray booths. 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 2404.3.3.1.

8. Change Section 2404.3.3.2 to read:

2404.3.3.2 Surfaces. The interior surfaces of spray booths shall be 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 2404.3.3.3 to read:

2404.3.3.3 Floor covering. Combustible floor construction in spray booths shall be 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 2404.3.3.4 to read:

2404.3.3.4 Means of egress. Means of egress shall be maintained in accordance with the applicable building code and Chapter 10.

11. Change Section 2404.3.3.5 to read:

2404.3.3.5 Clear space. 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 three 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 three 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 three 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 2404.3.3.6.

13. Change Section 2404.3.4 to read:

2404.3.4 Spraying spaces. 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 2404.3.4.1 to read:

2404.3.4.1 Floor covering. Combustible floor construction in spraying spaces shall be 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:

2404.4 Fire protection. Unless otherwise permitted by the applicable building code, spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing 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:

2404.6.2.1 Glass panels. Panels for luminaires or for observation shall 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:

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 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:

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 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:

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:

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. Change Section 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:

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:

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:

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:

2404.7.6 Termination point. Unless otherwise permitted by the applicable building code, the termination point for exhaust ducts discharging to the atmosphere shall be maintained to be not less than the distances listed as follows:

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; six 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; three 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.

Termination locations at less than these distances shall be evaluated by the building official for compliance in accordance with the applicable building code.

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:

2404.7.8 Filters. 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 Class 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:

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:

2404.7.8.3 Maintaining air velocity. 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:

2404.7.8.4 Filter rolls. Unless otherwise permitted by the applicable building code, where spray booths are equipped with a filter roll that is automatically advanced, the filter roll 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:

2404.7.8.7 Waterwash spray booths. Waterwash spray booths shall be maintained 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:

2404.8 Interlocks. Interlocks for spray application finishes shall be maintained fully operational in accordance with the applicable building code.

34. 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, automatic fire-extinguishing system 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:

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. 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:

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:

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. 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. 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:

2405.3.1 Overflow. 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:

2405.3.2 Bottom drains. 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. 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:

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:

2405.4.1 Fixed fire-extinguishing equipment. Where required by the applicable building code, an automatic fire-extinguishing system or a dip tank cover shall be maintained.

7. Change Section 2405.4.1.1 to read:

2405.4.1.1 Fire-extinguishing system. 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:

2405.7 Ventilation of flammable vapor areas. 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. 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:

2405.9.2 Hoods. 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. 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:

2405.9.4 Fire protection. 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. 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:

2405.11 Roll-coating operations. Roll-coating operations shall 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:

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. 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:

2406.4 Fire protection. 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:

2406.6.4 Grounding and bonding. Precautions shall be taken to minimize the possibility of ignition by static electrical sparks through static bonding and grounding of powder transport, application, and recovery equipment where possible.

6. Change Section 2406.7 to read:

2406.7 Ventilation. Exhaust ventilation shall be 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:

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.

Exception: Portable electrostatic paint-spraying apparatus listed for use in Class I, Division 1 locations.

2. 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:

2407.3.1 Barriers. Booths, fencing, railings, or guards shall be maintained about the equipment so that either by their location, 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 five 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:

2407.4 Fire protection. Approved automatic fire-extinguishing systems shall be maintained in accordance with Chapter 9.

5. Change Section 2407.4.1 to read:

2407.4.1 Protection for automated liquid electrostatic spray application equipment. 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:

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:

2407.8 Emergency shutdown. 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:

2407.9 Ventilation interlock. 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:

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:

2409.3 Fire protection. 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:

2409.6 Ventilation. Mechanical ventilation shall be maintained 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:

2409.6.1 Local ventilation. Local ventilation shall be provided inside of work-pieces where personnel will be under or inside of the work-piece.

13VAC5-52-300. 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:

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:

2504.1 Ignition prevention. Sources of ignition shall be controlled or protected in accordance with this section and Chapter 3.

2. Change Section 2504.2 to read:

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:

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:

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:

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:

2506.2 Ethylene generator rooms. 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.

13VAC5-52-310. IFC Chapter 26 Fumigation and Insecticidal Fogging.

Change Section 2601.2 to read:

2601.2 Permits. Permits shall be required as set forth in Section 107.2.

13VAC5-52-320. IFC Chapter 27 Semiconductor Fabrication Facilities.

A. Change Section 2701.1 to read:

2701.1 Scope. The operation and maintenance of semiconductor fabrication facilities and comparable research and development areas classified as Group H-5 shall comply with this chapter The use, storage, and handling of hazardous materials in Group H-5 shall comply with this chapter, other applicable provisions of this code, and requirements of the applicable building code.

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:

2703.1.3 Signals. Unless otherwise permitted by the applicable building code, the emergency control station shall receive signals from emergency equipment and alarm and detection systems. Such emergency equipment and alarm and detections systems include the following where such equipment or systems are required by the applicable building code:

1. Automatic sprinkler system alarm and monitoring systems.

2. Manual fire alarm systems.

3. Emergency alarm systems.

4. Continuous gas detection systems.

5. Smoke detection systems.

6. Emergency power system.

7. Automatic detection and alarm systems for pyrophoric liquids and Class 3 water-reactive liquids required by Section 2705.2.3.4.

8. Exhaust ventilation flow alarm devices for pyrophoric liquids and Class 3 water-reactive liquids cabinet exhaust ventilation systems required by Section 2705.2.3.4.

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 other processes shall also comply with Section 5003.2, other applicable provisions of this code, and the applicable building code.

F. Delete Sections 2703.3 and 2703.3.1.

G. Change Sections 2703.3.2 through 2703.3.8 to read:

2703.3.2 Pass-throughs in exit access corridors. Pass-throughs in exit access corridors shall comply with the applicable building code.

2703.3.3 Liquid storage rooms. Liquid storage rooms shall comply with Chapter 57 and the applicable building code.

2703.3.4 HPM rooms. Hazardous production materials (HPM) rooms shall comply with the applicable building code.

2703.3.5 Gas cabinets. Gas cabinets shall comply with Section 5003.8.6.

2703.3.6 Exhausted enclosures. Exhausted enclosures shall be maintained in accordance with Section 5003.8.5 and remain in accordance with the applicable building code.

2703.3.7 Gas rooms. Gas rooms shall be maintained in accordance with Section 5003.8.4 and remain in accordance with the applicable building code.

2703.3.8 Service corridors. Service corridors shall comply with Section 2705.3 and remain in accordance with the applicable building code.

H. Change Sections 2703.7 and 2703.7.1 to read:

2703.7 Electrical wiring and equipment. Electrical wiring and equipment in HPM facilities shall comply with Sections 2703.7.1 through 2703.7.3.

2703.7.1 Fabrication areas. Electrical wiring and equipment in fabrication areas shall be maintained in accordance with the applicable provisions of NFPA 70 and remain in accordance with the applicable building code.

I. Add Section 2703.7.2 to read:

2703.7.2 Workstations. Electrical equipment and devices within five feet (1524 mm) of workstations in which flammable or pyrophoric gases or flammable liquids are used shall be maintained in accordance with the applicable provisions of NFPA 70 for hazardous locations. Workstations shall not be energized without adequate exhaust ventilation in accordance with Section 2703.14.

Exception: Not required when the air removal from the workstation or dilution will prevent the accumulation of flammable vapors and fumes on a continuous basis.

J. Change Section 2703.7.3 to read:

2703.7.3 Hazardous production material (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 provisions of NFPA 70 and remain in accordance with the applicable building code.

K. Change Section 2703.10 to read:

2703.10 Automatic sprinkler system. Where required by the applicable building code automatic sprinkler systems shall be maintained in accordance with Chapter 9.

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:

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.

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:

2703.10.5 Sprinkler alarms and supervision. Automatic sprinkler systems, associated electronic supervision, and alarms shall be maintained in accordance with Chapter 9. Where required by the applicable building code, automatic sprinkler system alarm and supervisory signals shall also remain transmitted to the emergency control station.

2703.11 Manual fire alarm system. Where provided, a manual fire alarm system shall be maintained in accordance with Chapter 9 and remain throughout buildings containing a Group H-5 occupancy in accordance with the applicable building code. Where required by the applicable building code, activation of the alarm system shall also be maintained to transmit a signal to the emergency control station.

2703.12 Emergency alarm system. Emergency alarm systems shall be maintained in accordance with Chapter 9 and remain in accordance with the applicable building code. Where required by the applicable building code, emergency alarm systems shall also remain transmitted to the emergency control station.

Q. Delete Sections 2703.12.1 and 2703.12.1.1.

R. Delete Sections 2703.12.1.2 and 2703.12.1.3.

S. Delete Sections 2703.12.2 and 2703.12.3.

T. Change Section 2703.13 to read:

2703.13 Continuous gas detection systems. Where required by the applicable building code, a continuous gas detection system shall be maintained for HPM gases. Such a system shall remain in accordance with the applicable building code where the physiological warning threshold level of the gas is at a higher level than the accepted permissible exposure limit (PEL) for the gas and for flammable gases.

U. Delete Section 2703.13.1 and add Section 2703.13.2.

2703.13.2 Gas detection system operation. Where required by the applicable building code, a continuous gas detection system shall be maintained capable of monitoring the room, area, or equipment in which the gas is located at or below all the following gas concentrations:

1. Immediately dangerous to life and health (IDLH) values when the monitoring point is within an exhausted enclosure, ventilated enclosure or gas cabinet.

2. Permissible exposure limit (PEL) levels when the monitoring point is in an area outside an exhausted enclosure, ventilated enclosure, or gas cabinet.

3. For flammable gases, the monitoring detection threshold level shall be vapor concentrations in excess of 25% of the lower flammable limit (LFL) when the monitoring is within or outside an exhausted enclosure, ventilated enclosure, or gas cabinet.

4. Except as noted in this section, monitoring for highly toxic and toxic gases shall also comply with Chapter 60.

V. Change Section 2703.14 to read:

2703.14 Exhaust ventilation systems for HPM. Exhaust ventilation systems and materials for exhaust ducts utilized for the exhaust of HPM shall be maintained and operated in accordance with this chapter and other applicable provisions of this code and remain in accordance with the applicable building code.

W. Delete Section 2703.14.2 and add Section 2703.14.1 to read:

2703.14.1 Operations and maintenance of HPM areas. Exhaust ventilation systems shall be maintained in the following locations in accordance with the requirements of this section and the applicable building code:

1. Fabrication areas: Exhaust ventilation for fabrication areas shall comply with the applicable building code.

2. Workstations: A ventilation system shall be maintained to capture and exhaust gases, fumes, and vapors at workstations.

3. Liquid storage rooms: Exhaust ventilation for liquid storage rooms shall comply with the applicable building code.

4. HPM rooms: Exhaust ventilation for HPM rooms shall comply with the applicable building code.

5. Gas cabinets: Exhaust ventilation for gas cabinets shall comply with Section 5003.8.6.2. The gas cabinet ventilation system is allowed to connect to a workstation ventilation system. Exhaust ventilation for gas cabinets containing highly toxic or toxic gases shall also comply with Chapter 60.

6. Exhausted enclosures: Exhaust ventilation for exhausted enclosures shall comply with Section 5003.8.5.2. Exhaust ventilation for exhausted enclosures containing highly toxic or toxic gases shall also comply with Chapter 60.

7. Gas rooms: Exhaust ventilation for gas rooms shall comply with Section 5003.8.4.2 and the applicable building code. Exhaust ventilation for gas rooms containing highly toxic or toxic gases shall also comply with Chapter 60.

8. Cabinets containing pyrophoric liquids or Class 3 water-reactive liquids: Exhaust ventilation for cabinets in fabrication areas containing pyrophoric liquids or Class 3 water-reactive liquids shall be as required in Section 2705.2.3.4.

X. Change Section 2703.15 to read:

2703.15 Emergency power system. Where required by the applicable building code, an emergency power system shall be maintained in accordance with Section 603.

Y. Change Section 2703.15.1 to read:

2703.15.1 Required electrical systems. Where provided or required by the applicable building code, emergency power shall be maintained for electrically operated equipment and connected control circuits, including the following systems in accordance with the applicable building code:

1. HPM exhaust ventilation systems.

2. HPM gas cabinet ventilation systems.

3. HPM exhausted enclosure ventilation systems.

4. HPM gas room ventilation systems.

5. HPM gas detection systems.

6. Emergency alarm systems.

7. Manual fire alarm systems.

8. Automatic sprinkler system monitoring and alarm systems.

9. Automatic alarm and detection systems for pyrophoric liquids and Class 3 water-reactive liquids required in Section 2705.2.3.4.

10. Flow alarm switches for pyrophoric liquids and Class 3 water-reactive liquids cabinet exhaust ventilation systems required in Section 2705.2.3.4.

11. Electrically operated systems required elsewhere in this code or in the applicable building code that are applicable to the use, storage, or handling of HPM.

Z. Change Sections 2703.15.2 through 2704.2.1 to read:

2703.15.2 Exhaust ventilation systems. Where permitted by the applicable building code exhaust ventilation systems are allowed to be maintained to operate at not less than one-half the normal fan speed on the emergency power system when it is demonstrated that the level of exhaust will maintain a safe atmosphere.

2703.16 Subatmospheric pressure gas systems. Subatmospheric pressure gas systems (SAGS) shall be maintained in accordance with the applicable provisions of NFPA 318 and the applicable building code.

2704.1 General. Storage of hazardous materials shall comply with Section 2703 and this section and other applicable provisions of this code.

2704.2.1 Location of HPM storage in fabrication areas. Storage of HPM in fabrication areas shall be maintained within approved or listed storage cabinets, gas cabinets, or exhausted enclosures or within a workstation as follows.

1. Flammable and combustible liquid storage cabinets shall comply with Section 5704.3.2.

2. Hazardous materials storage cabinets shall comply with Chapter 50.

3. Gas cabinets shall comply with Chapter 50. Gas cabinets for highly toxic or toxic gases shall also comply with Chapter 60.

4. Exhausted enclosures shall comply with Chapter 50. Exhausted enclosures for highly toxic or toxic gases shall also comply with Chapter 60.

5. Workstations shall comply with Section 2705.2.3.

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 in Table 2704.2.2.1 unless otherwise approved by the applicable building code.

BB. 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 5704.3.4 shall be approved by the building official and located in a room complying with the requirements of the applicable building code and this code for a liquid storage room, HPM room, or gas room as appropriate for the materials stored.

CC. 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.

DD. Change Section 2705.2.3.2 to read:

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.

EE. Change Section 2705.3.1 to read:

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.

FF. Change Sections 2705.3.2.1 and 2705.3.3 to read:

2705.3.2.1 Existing fabrication area transportation. Where existing fabrication areas are not required by the applicable building code to utilize approved service corridors, HPM is allowed to be handled and transported in accordance with Section 5003.10.

2705.3.3 Service corridors. Where service corridors are required by the applicable building code and transportation of HPM from a liquid storage room, HPM room, or gas room or from the outside of a building to the perimeter wall of a fabrication area is necessary, such transport shall be through approved service corridors.

13VAC5-52-330. 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:

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.

2803.2 Dust control. Equipment or machinery located inside buildings that generates or emits combustible dust 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.

2803.2.1 Explosion venting. 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.

2803.3 Waste removal. 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 when approved.

C. Change Section 2803.4 to read:

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 Section 2804.2 and delete Section 2804.2.1.

Section 2804.2 to read:

2804.2 Fire alarms. Where provided, fire alarm systems shall be maintained in accordance with Chapter 9.

E. Change Section 2804.4 to read:

2804.4 Automatic sprinkler systems. Automatic sprinkler systems shall be maintained in accordance with Chapter 9.

F. Change Section 2805.2 to read:

2805.2 Dryer protection. 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 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 mm) in height, 300 feet (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:

2807.3 Outdoor pile fire protection. Where conveyor tunnels and combustible enclosures 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:

2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. 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.

13VAC5-52-340. 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. 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. 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:

2903.11 Alarm system. Alarm systems shall be maintained in accordance with Chapter 9.

G. Change Section 2904.1 to read:

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:

2904.3 Bonding. 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:

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:

2904.4 Ground. Metal framing of buildings shall be grounded in accordance with the applicable building code.

K. 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:

2905.4 Explosion control. Explosion control shall be maintained in 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:

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:

2906.1 Mills. Mills operating with close clearances that process flammable and heat-sensitive materials, such as nitrocellulose, shall 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:

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:

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.

13VAC5-52-350. IFC Chapter 30 Industrial Ovens.

A. Change Section 3001.1 to read:

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:

3003.1 Ventilation. Ventilation or combustion air for industrial ovens or furnaces shall be maintained in accordance with the applicable building code.

D. 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:

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. 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:

3004.2.1 Fuel supply lines. Valves for fuel supply lines shall be located within six 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. 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:

3005.1 Shut down. Interlocks shall be maintained 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.

3006.1 Required protection. Fire-extinguishing systems provided for Class A and Class B ovens that contain or are utilized for the processing of combustible materials shall be maintained in accordance with Chapter 9.

3006.2 Fixed fire-extinguishing systems. Fixed fire-extinguishing systems shall be maintained in accordance with Chapter 9 for Class C or Class 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.

13VAC5-52-360. 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 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.

B. The following changes shall be made to Section 3103, Temporary Tents and Membrane Structures:

1. Change Section 3103.1 to read:

3103.1 General. All temporary tents and membrane structures shall comply with this section.

2. Change Section 3103.2 to read:

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. 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 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 the 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 the applicable building code.

C. The following changes shall be made to Section 3104, Temporary and Permanent Tents and Membrane Structures:

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.

D. The following changes shall be made to Section 3105, Temporary Special Event Structures:

1. Change Section 3105.1 to read:

3105.1 General. Operation and maintenance of temporary stage canopies shall be in accordance with Section 3104, Sections 3105.2 through 3105.7, and ANSI E1.21.

2. Change Sections 3105.2 and 3105.3 to read:

3105.2 Approval. Temporary stage canopies 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:

3105.5 Required documents. Documents shall be submitted to the building official where required by the USBC.

4. Change Sections 3105.6 through 3105.6.2 to read:

3105.6 Inspections. Inspections shall comply with Section 106 and Sections 3105.6.1 and 3105.6.2.

3105.6.1 Independent inspector. The owner of a temporary stage canopy shall employ a qualified, independent approved agency or individual to inspect the installation of a temporary stage canopy.

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, the discrepancy 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:

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.

12. Change Section 3107.12.5 to read:

3107.12.5 Cooking tents. Cooking tents shall be separated from other tents or membrane structures by not less than 20 feet (6096 mm).

13. Change Section 3107.13.1 to read:

3107.13.1 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.

14. Change Section 3107.13.2 and add Table 3107.13.2 to read:

3107.13.2 Location of containers. LP-gas containers and tanks shall be located outside in accordance with Table 3107.13.2. Pressure relief devices shall be pointed away from the tent or membrane structure.

TABLE 3107.13.2 LOCATION OF LP-GAS CONTAINERS
LP-Gas Container Capacity (water gallons)	Minimum Separation between LP-Gas Containers and Buildings, Public Ways,g or Lot Lines of Adjoining Property that Can be Built on		Minimum Separation between LP-Gas Containersb, c (feet)
	Mounded or underground LP-gas containersa (feet)	Aboveground LP-gas containersb (feet)
Less than 125c,d	10	5e	None
125 to 250	10	10	None
251 to 500	10	10	3
501 to 2,000	10	25e,f	3
2,001 to 30,000	50	50	5
30,001 to 70,000	50	75	(0.25 of sum of diameters of adjacent LP-gas containers)
70,001 to 90,000	50	100
90,001 to 120,000	50	125
For SI: one foot = 304.8 mm, one gallon = 3.785 L. a. Minimum distance for underground LP-gas containers shall be measured from the pressure relief device and the filling or liquid-level gauge vent connection at the container, except that all parts of an underground LP-gas container shall be not less than 10 feet from a building or lot line of adjoining property that can be built on. b. For other than installations in which the overhanging structure is 50 feet or more above the relief-valve discharge outlet. In applying the distance between buildings and ASME LP-gas containers with a water capacity of 125 gallons or more, not less than 50% of this horizontal distance shall also apply to all portions of the building that project more than five feet from the building wall and that are higher than the relief valve discharge outlet. This horizontal distance shall be measured from a point determined by projecting the outside edge of such overhanging structure vertically downward to grade or other level on which the LP-gas container is installed. Distances to the building wall shall be not less than those prescribed in this table. c. Where underground multicontainer installations are composed of individual LP-gas containers having a water capacity of 125 gallons or more, such containers shall be installed so as to provide access at their ends or sides to facilitate working with cranes or hoists. d. At a consumer site, if the aggregate water capacity of a multiple-container installation, comprised of individual LP-gas containers having a water capacity of less than 125 gallons, is 500 gallons or more, the minimum distance shall comply with the appropriate portion of this table, applying the aggregate capacity rather than the capacity per LP-gas container. If more than one such installation is made, each installation shall be separated from other installations by not less than 25 feet. Minimum distances between LP-gas containers need not be applied. e. The following shall apply to aboveground containers installed alongside buildings: 1. LP-gas containers of less than a 125-gallon water capacity are allowed without a separation distance where in compliance with Items 2, 3, and 4. 2. Department of Transportation (DOTn) specification LP-gas containers shall be located and installed so that the discharge from the container pressure relief device is not less than three feet horizontally from building openings below the level of such discharge and shall not be beneath buildings unless the space is well ventilated to the outside and is not enclosed for more than 50% of its perimeter. The discharge from LP-gas container pressure relief devices shall be located not less than five feet from exterior sources of ignition, openings into direct-vent (sealed combustion system) appliances or mechanical ventilation air intakes. 3. ASME LP-gas containers of less than a 125-gallon water capacity shall be located and installed such that the discharge from pressure relief devices shall not terminate in or beneath buildings and shall be located not less than five feet horizontally from building openings below the level of such discharge and not less than five feet from exterior sources of ignition, openings into direct vent (sealed combustion system) appliances, or mechanical ventilation air intakes. 4. The filling connection and the vent from liquid-level gauges on either DOTn or ASME LP-gas containers filled at the point of installation shall be not less than 10 feet from exterior sources of ignition, openings into direct vent (sealed combustion system) appliances or mechanical ventilation air intakes. f. This distance is allowed to be reduced to not less than 10 feet for a single LP-gas container of 1,200-gallon water capacity or less, provided that such container is not less than 25 feet from other LP-gas containers of more than 125-gallon water capacity. g. Aboveground LP-gas containers with a water capacity of 2,000 gallons or less shall be separated from public ways by a distance of not less than five feet. Containers with a water capacity greater than 2,000 gallons shall be separated from public ways in accordance with this table.

13VAC5-52-370. 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:

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:

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:

3204.1 General. The 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:

3206.1 General. Fire protection and life safety features for high-piled storage areas shall be maintained in accordance with Sections 3206.3 through 3206.10.

2. Delete Sections 3206.2 and 3206.2.1 and Table 3206.2.

3. Change Section 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. 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. 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. Change Section 3206.4 to read:

3206.4 Automatic sprinklers. Automatic sprinkler systems shall be maintained in accordance with Chapter 9 and remain in accordance with the applicable building code.

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.

8. Change Section 3206.4.1.1 to read:

3206.4.1.1 Plastic pallets. Plastic pallets listed and labeled in accordance with UL 2335 or FM 4996 shall be treated as wood pallets.

9. Change Section 3206.5 to read:

3206.5 Fire detection. Fire detection provided for high-piled storage areas shall be maintained in accordance with Chapter 9 and remain in accordance with the approved storage plan in Section 3201.3 and the applicable building code.

10. Change Section 3206.6 to read:

3206.6 Building access. Where building access is required by the applicable building code, fire apparatus access roads shall remain and be maintained in accordance with Section 503.

11. Change Section 3206.7 to read:

3206.7 Access doors. Access doors shall be accessible and available at all times and remain in accordance with the approved storage plan in Section 3201.3 and the applicable building code.

12. Delete Sections 3206.7.1 through 3206.7.3.

13. Change Section 3206.7.5 to read:

3206.7.5 Number of doors required. The minimum number of doors shall be maintained in accordance with the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code.

14. Change Section 3206.7.6 to read:

3206.7.6 Door size and type. Access doors shall be maintained in accordance with the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code. Roll-up doors shall not be used unless approved.

15. Delete Sections 3206.7.7 and 3206.7.8.

16. Change Section 3206.8 to read:

3206.8 Smoke and heat removal. Where smoke and heat removal systems, including draft curtains, are required, they shall be maintained in accordance with Chapter 9 and the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code.

17. Change Section 3206.9 to read:

3206.9 Fire department hose connections. Where a standpipe system is provided, it shall be maintained in accordance with Chapter 9 and remain in accordance with the applicable building code.

18. Change Section 3206.10 to read:

3206.10 Aisles. Aisles separating storage piles or racks shall be maintained unobstructed and remain in accordance with the approved storage plan in Section 3201.3 and in accordance with the applicable building code.

19. Change Section 3206.10.1 to read:

3206.10.1 Width. Aisle width shall be maintained to the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code.

Exceptions:

1. Aisles crossing rack structures or storage piles, which are used only for employee access, shall be a minimum of 24 inches (610 mm) wide.

2. Aisles separating shelves classified as shelf storage shall be a minimum of 30 inches (762 mm) wide.

20. Change Section 3206.10.1.1 to read:

3206.10.1.1 Sprinklered buildings. Aisles in sprinklered buildings shall be maintained in accordance with the applicable building code.

21. Change Section 3206.10.1.2 to read:

3206.10.1.2 Nonsprinklered buildings. Aisles in nonsprinklered buildings shall be maintained in accordance with the applicable building code.

22. Change Section 3206.10.2 to read:

3206.10.2 Clear height. The required aisle width shall be maintained from the floor to ceiling in accordance with the approved storage plan in Section 3201.3 and in accordance with the applicable building code. Rack structural supports and catwalks are allowed to cross aisles at a minimum height of six feet, eight inches (2032 mm) above the finished floor level, provided that such supports do not interfere with fire department hose stream trajectory.

23. Change Section 3206.10.3 to read:

3206.10.3 Dead ends. Dead-end aisles shall not exceed the approved storage plan in Section 3201.3.

D. The following changes shall be made to Section 3207, Solid-Piled and Shelf Storage:

1. Change Section 3207.2 to read:

3207.2 Fire protection. Where automatic sprinklers are provided, they shall be maintained in accordance with the applicable building code.

2. Change Section 3207.2.1 to read:

3207.2.1 Shelf storage. Shelf storage greater than 12 feet (3658 mm) but less than 15 feet (4572 mm) in height shall be in accordance with the fire protection requirements set forth in the applicable building code. Shelf storage 15 feet (4572 mm) or more in height shall be protected in an approved manner as required by this code and the applicable building code.

3. Change Section 3207.3 to read:

3207.3 Pile dimension and height limitations. Pile dimensions, the maximum permissible storage height, and pile volume shall be maintained in accordance with the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code.

4. Change Section 3207.4 to read:

3207.4 Arrays. Where an automatic sprinkler system design utilizes protection based on a closed array, array clearances shall be maintained as specified by the standard used and approved storage plan in Section 3201.3.

E. The following changes shall be made to Section 3208, Rack Storage:

1. Change Section 3208.2 to read:

3208.2 Fire protection. Where automatic sprinklers are provided, they shall be maintained in accordance with Chapter 9.

2. Change Section 3208.2.2 to read:

3208.2.2 Racks with solid shelving. Racks with solid shelving having an area greater than 20 square feet (1.9 m²), measured between approved flue spaces at all four edges of the shelf, shall be in accordance with this section.

Exceptions:

1. Racks with mesh, grated, slatted, or similar shelves having uniform openings not more than six inches (152 mm) apart, comprising not less than 50% of the overall shelf area, and with approved flue spaces are allowed to be treated as racks without solid shelves.

2. Racks used for the storage of combustible paper records with solid shelving shall be in accordance with the applicable NFPA 13 standard.

3. Change Section 3208.2.2.1 to read:

3208.2.2.1 Fire protection. Fire protection for racks with solid shelving shall be in accordance with the applicable building code.

4. Change Section 3208.3 to read:

3208.3 Flue spaces. Flue spaces shall be maintained in accordance with Table 3208.3 or the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code.

5. Change Section 3208.3.1 to read:

3208.3.1 Flue space protection. Where required by the fire code official, flue spaces required by the applicable building code in single-row, double-row, or multiple-row rack storage installations shall be equipped with approved devices to protect the required flue spaces. Such devices shall not be removed or modified.

6. Change Section 3208.4 to read:

3208.4 Column protection. Protection for steel building columns shall be maintained in accordance with approved storage plan in Section 3201.3 and Chapter 9 and remain in accordance with the applicable building code.

7. Change Section 3208.5 to read:

3208.5 Extra-high-rack storage systems. Approval shall be obtained prior to installing extra high rack combustible storage.

8. Change Section 3208.5.1 to read:

3208.5.1 Fire protection. Fire protection provided for buildings with extra high rack combustible storage shall be maintained in accordance with the applicable building code.

F. The following changes shall be made to Section 3209, Automated Storage:

1. Change Section 3209.2 to read:

3209.2 Automatic sprinklers. Where automatic sprinklers are provided, they shall be maintained in accordance with the applicable NFPA 13 standard.

2. Change Section 3209.3 to read:

3209.3 Carousel storage. High-piled storage areas having greater than 500 square feet (46 m²) of carousel storage, including automatic shutdown devices, shall be maintained in accordance with the approved storage plan in Section 3201.3 and the applicable building code.

3. Change Section 3209.4 to read:

3209.4 Automated rack storage. High-piled storage areas with automated rack storage shall be maintained in accordance with the approved storage plan in Section 3201.3.

4. Change Section 3209.4.1 to read:

3209.4.1 Manual Activation shutdown. A manually activated emergency shutdown switch for use by emergency personnel shall be clearly identified and shall be maintained and accessible in accordance with the applicable building code.

5. Change Section 3209.4.2 to read:

3209.4.2 Automatic shutdown. Automatic shutdown, required by the applicable building code for high-piled combustible storage areas, shall be maintained in accordance with the applicable building code.

G. The following change shall be made to Section 3210, Specialty Storage:

Change Section 3210.1 to read:

3210.1 General. Records storage facilities used for the rack or shelf storage of combustible paper records greater than 12 feet (3658 mm) in height shall be maintained in accordance with Sections 3206 and 3208 and the approved storage plan in Section 3201.3 and remain in accordance with the applicable building code. Palletized storage of records shall be in accordance with Section 3207.

13VAC5-52-380. IFC Chapter 33 Fire Safety during Construction and Demolition.

Make the following changes to Chapter 33:

1. Change Section 3303.3.1 to read:

3303.3.1 Violations. Failure to properly conduct, document, and maintain documentation required by this section shall constitute an unlawful act in accordance with Section 111, and the fire code official may request a stop work order be issued by the building official.

2. Change Section 3303.5 to read:

3303.5 Fire safety for buildings of Types IV-A, IV-B, and IV-C construction. Buildings of Types IV-A, IV-B, and IV-C construction designed to be greater than six stories above grade plane shall comply with the following requirements during construction unless otherwise approved by the fire code official:

1. Standpipes shall be provided in accordance with Section 3313.

2. A water supply for fire department operations, as approved by the fire code official and the fire chief.

3. Fire safety construction features as required by the building official in accordance with the applicable building code.

3. Change Section 3305.9 to read:

3305.9 Separations between construction areas. Separations used in Type I and Type II construction to separate construction areas from occupied portions of the building shall be maintained in accordance with the applicable building code.

4. Change Exception 2 to Section 3307.2.1 to read (Exceptions 1 and 3 remain):

2. Piping systems regulated by the Virginia Fuel Gas Code.

5. Change Section 3311.1 to read:

3311.1 Required access. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of buildings and temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.

6. Change Section 3312.1 to read:

3312.1 Stairways. Where building construction exceeds 40 feet (12,192 mm) in height above the lowest level of fire department vehicle access, a temporary or permanent stairway shall be maintained in accordance with the applicable building code. As construction progresses, such stairway shall be maintained in accordance with the applicable building code.

7. Change Section 3314.1 to read:

3314.1 Where required. Where required by the applicable building code, a temporary or permanent standpipe shall be maintained and remain in an operable condition so as to be available for use by the fire department.

8. Delete Sections 3314.2 and 3314.3.

9. Change Section 3315.1 to read:

3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the applicable building code, the building or portion thereof shall not be occupied until the automatic sprinkler system has been tested and approved, except where approved by the building official.

13VAC5-52-390. IFC Chapter 34 Tire Rebuilding and Tire Storage.

A. Change Section 3401.1 to read:

3401.1 Scope. The maintenance and operation of tire rebuilding plants, tire storage, and tire byproduct facilities shall comply with this chapter and other applicable requirements of this code. Tire storage in buildings shall also comply with Chapter 32.

B. Change Section 3401.2 to read:

3401.2 Permit required. Permits shall be required as set forth in Section 107.2.

C. Change Section 3403.1 to read:

3403.1 Construction. Tire rebuilding plants shall maintain the requirements of the applicable building code, as to construction, separation from other buildings or other portions of the same building, and protection.

D. Change Section 3403.2 to read:

3403.2 Location. Unless otherwise approved by the applicable building code, buffing operations shall be located in a room separated from the remainder of the building housing the tire rebuilding or tire recapping operations by a fire-resistance-rated separation in accordance with the applicable building code.

E. Change Section 3406.1 to read:

3406.1 Required access. New and existing tire storage yards shall be provided with fire apparatus access roads in accordance with Section 503 and Section 3406.2.

13VAC5-52-400. IFC Chapter 35 Welding and Other Hot Work.

A. Change Section 3501.2 to read:

3501.2 Permits. Permits shall be required as set forth in Section 107.2.

B. Change the last sentence of Section 3504.3 to read:

Information shown on the permit shall be verified prior to signing the permit in accordance with Section 107.2.

13VAC5-52-410. IFC Chapter 36 Marinas.

A. Change Section 3603.5 to read:

3603.5 Electrical equipment. Electrical equipment shall be maintained in accordance with its listing, Section 608 of this code, and NFPA 303 as required for wet, damp, and hazardous locations.

B. Change Section 3604.2 to read:

3604.2 Standpipes. Marinas and boatyards equipped with standpipe systems shall be maintained in accordance with NFPA 303 and Chapter 9.

C. Change Section 3605.1 to read:

3605.1 Fuel dispensing. Marine motor fuel-dispensing facilities shall be in accordance with Chapter 23. For tanks subject to Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91), or Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580), see Section 5701.1.1.

13VAC5-52-420. IFC Chapter 37 Combustible Fibers.

A. Change Section 3701.3 to read:

3701.3 Permits. Permits shall be required as set forth in Section 107.2.

B. Change Section 3703.5 to read:

3703.5 Dust collection. Where located within a building, equipment or machinery that generates or emits combustible fibers shall be operated with an approved dust-collecting and exhaust system in accordance with the applicable building code and maintained in accordance with Chapter 22.

C. Change Section 3704.3 to read:

3704.3 Storage of more than 100 cubic feet to 500 cubic feet. Loose combustible fibers in quantities exceeding 100 cubic feet (3 m³) but not exceeding 500 cubic feet (14 m³) shall be stored in rooms in accordance with the applicable building code.

Note: These rooms are typically required to be fire resistance rated in accordance with the applicable building code.

D. Change Section 3704.4 to read:

3704.4 Storage of more than 500 cubic feet to 1,000 cubic feet. Loose combustible fibers in quantities exceeding 500 cubic feet (14 m³) but not exceeding 1,000 cubic feet (28 m³) shall be stored in rooms in accordance with the applicable building code.

Note: These rooms are typically required to be fire resistance rated in accordance with the applicable building code.

E. Change Section 3704.5 to read:

3704.5 Storage of more than 1,000 cubic feet. Loose combustible fibers in quantities exceeding 1,000 cubic feet (28 m³) shall be stored in rooms in accordance with the applicable building code.

Note: These rooms may be required to be fire resistance rated and protected by fire suppression systems in accordance with the applicable building code.

13VAC5-52-430. IFC Chapter 38 Higher Education Laboratories.

The following changes shall be made to Chapter 38 Higher Education Laboratories.

1. Change Sections 3801.1 and 3801.2 to read:

3801.1 Scope. Higher education laboratories and laboratory suites complying with the requirements of this chapter and the applicable building code shall be permitted to exceed the maximum allowable quantities of hazardous materials in control areas without requiring classification as a Group H occupancy.

3801.2 Application. The provisions of this chapter shall be applied as exceptions or additions to applicable requirements of this code. Unless specifically modified by this chapter, the storage, use, and handling of hazardous materials shall comply with the provisions in Chapters 50 through 67 and the applicable building code for quantities not exceeding the maximum allowable quantity.

2. Change Sections 3803.1, 3803.1.7, and 3803.2.1 to read:

3803.1 Scope. Higher education laboratories and laboratory suites shall be in accordance with the general safety provisions in Sections 3803.1.1 through 3803.2.2.

3803.1.7 Automatic fire-extinguishing systems. Where provided, an automatic sprinkler system shall be maintained in accordance with Chapter 9.

3803.2.1 Container size. The maximum container size for all hazardous materials shall be 5.3 gallons (20 L) for liquids, 50 pounds (22.7 kg) for solids, 100 cubic feet (2.83 m³) for health-hazard gases per the applicable building code, and 500 cubic feet (14.15 m³) for all other gases in accordance with the applicable building code.

Exception: Hazardous waste collection containers, for other than Class I flammable liquids and Class II combustible liquids are permitted to exceed 5.3 gallons (20 L) where approved.

3. Delete Section 3804.1.1.3 and Table 3804.1.1 and change Sections 3804.1 through 3804.1.1.2, 3804.1.1.4, and 3804.1.1.6 through 3804.1.2 to read:

3804.1 General. Where laboratory suites are provided, they shall be constructed in accordance with the applicable building code and approved by the building official.

3804.1.1 Laboratory suites. The number of laboratory suites and percentage of maximum allowable quantities of hazardous materials in laboratory suites shall be in accordance with the applicable building code.

3804.1.1.1 Separation from other non-laboratory areas. Laboratory suites shall maintain separation from other portions of the building in accordance with Chapter 7 and the applicable building code.

3804.1.1.2 Separation from other laboratory suites. Laboratory suites shall be separated from other laboratory suites in accordance with Chapter 7 and the applicable building code.

3804.1.1.4 Maximum number. The maximum number of laboratory suites shall be in accordance with the applicable building code. Where a building contains both laboratory suites and control areas, the total number of laboratory suites and control areas within a building shall not exceed the maximum number of laboratory suites in accordance with the applicable building code.

3804.1.1.6 Standby or emergency power. Emergency or standby power for higher education laboratory suites shall be maintained in accordance with Section 1203.2.14.

3804.1.1.7 Ventilation. Ventilation shall be maintained in accordance with Chapter 7 of NFPA 45 and the applicable building code.

3804.1.1.8 Liquid-tight floor. Portions of laboratory suites where hazardous materials are present shall be maintained with a liquid-tight floor in accordance with the applicable building code.

3804.1.1.9 Automatic fire-extinguishing systems. Buildings containing laboratory suites shall be maintained throughout with an approved automatic sprinkler system in accordance with Chapter 9.

3804.1.2 Percentage of maximum allowable quantity in each laboratory suite. The percentage of maximum allowable quantities of hazardous materials in each laboratory suite shall be in accordance with the applicable building code.

4. Delete Table 3805.4 and change Sections 3805.1 through 3805.4 to read:

3805.1 Scope. Storage and use of hazardous materials in existing higher education laboratories located within existing buildings not equipped throughout with an automatic sprinkler system is permitted where such use complies with the applicable building code, Section 3803, Chapters 50 through 67, as applicable, and Sections 3805.2 through 3805.4.

3805.2 Nonsprinklered laboratories. The maximum allowable quantities of hazardous materials in storage and use in control areas in higher education laboratories located in buildings not equipped throughout with an automatic sprinkler system in accordance with the applicable NFPA 13 standard shall be in accordance with the applicable building code and Sections 3805.2.1 and 3805.2.2.

3805.2.1 Restricted materials storage. Where approved in accordance with the applicable building code, storage of the following hazardous materials in buildings not equipped throughout with an automatic sprinkler system to the applicable NFPA 13 standard are allowed within a higher education laboratory control area where maintained in accordance with this section:

1. Pyrophorics.

2. Class 4 Oxidizers.

Additional quantity increases shall be prohibited, and such materials shall be stored in accordance with all of the following:

1. Containers shall be completely sealed and stored in accordance with the manufacturer's recommendations.

2. Storage shall be within approved hazardous material storage cabinets in accordance with Section 5003.8.7 or shall be located in an inert atmosphere glove box in accordance with NFPA 45, Section 7.11.

3. The storage cabinet or glove box shall not contain any storage of incompatible materials.

3805.2.2 Restricted materials use. Where approved by the applicable building code, the use of the following hazardous materials in buildings not equipped throughout with an automatic sprinkler system in accordance with the applicable NFPA 13 standard shall be allowed within a higher education laboratory control area where maintained in accordance with this section:

1. Pyrophorics.

2. Class 4 Oxidizers.

Additional quantity increases shall be prohibited, and such materials shall only be used in accordance with all of the following:

1. Use shall be within an approved chemical fume hood listed in accordance with UL 1805 or in an inert atmosphere glove box in accordance with NFPA 45, Section 7.11 or other approved equipment designed for the specific hazard of the material.

2. Combustible materials shall be kept not less than two feet (610 mm) away from the work area, except for those items directly related to the research.

3. A portable fire extinguisher appropriate for the specific material shall be provided within 20 feet (6096 mm) of the use in accordance with Section 906.

3805.3 Restricted materials automatic fire detection. Where provided in higher education laboratories in nonsprinklered buildings, an automatic fire detection system shall be maintained in accordance with Chapter 9.

3805.3.1 System supervision and monitoring. Where required or provided, automatic fire detection systems shall be electronically supervised and monitored by an approved supervising station or, where approved, shall initiate an audible and visual signal at a constantly attended, onsite location.

3805.4 Percentage of maximum allowable quantity per control area. The percentage of maximum allowable quantities per control area of hazardous materials in higher education laboratories in existing nonsprinklered buildings shall be permitted to be increased only in accordance with the applicable building code and approval from the Building Official.

5. Delete Table 3806.2.1 and change Sections 3806.1 through 3806.2.1 to read:

3806.1 Scope. Storage and use of hazardous materials in existing higher education laboratories within buildings equipped throughout with an automatic sprinkler system in accordance with the applicable NFPA 13 standard shall be in accordance with Section 3803 and Chapters 50 through 67, as applicable, except as modified by this section.

3806.2 Hazardous materials storage and use. Storage and use of hazardous materials within control areas in higher education laboratories equipped with an automatic sprinkler system shall be in accordance with this section and Chapters 50 through 67, as applicable.

Exception: Existing laboratories in buildings equipped throughout with an automatic sprinkler constructed and approved as laboratory suites in accordance the applicable building code are permitted to comply with Section 3804.

3806.2.1 Percentage of maximum allowable quantities per control area. The percentage of maximum allowable quantities per control area of hazardous materials in higher education laboratories equipped with an automatic sprinkler system shall be in accordance with the applicable building code.

13VAC5-52-440. IFC Chapter 39 Processing and Extraction Facilities.

Delete Sections 3904.2.2.1 through 3904.2.2.3 and change Sections 3901.1, 3901.3, 3903.1, 3903.4.1, 3904.1, 3904.2.1, 3904.2.2, 3905.1, and 3905.1.1 to read:

1. 3901.1 Scope. Plant processing or extraction facilities shall comply with this chapter and the applicable building code. The extraction process includes the act of extraction of the oils and fats by use of a solvent, desolventizing of the raw material, production of the miscella, distillation of the solvent from the miscella, and solvent recovery. The use, storage, transfilling, and handling of hazardous materials in these facilities shall comply with this chapter, other applicable provisions of this code, and the applicable building code.

2. 3901.3 Permits. Permits shall be required as set forth in Section 107.2.

3. 3903.1 Locations. Processing located in a building shall be maintained in accordance with the applicable building code.

4. 3903.4.1 Industrial ovens. The use of industrial ovens shall comply with the applicable building code and Chapter 30.

5. 3904.1 General requirements. Systems and equipment used with the processing and extraction of oils and products from plants shall comply with Chapter 50, other applicable provisions of this code, and the applicable building code.

6. 3904.2.1 Listings. Systems or equipment used for the extraction of oils from plant material shall be listed and labeled in accordance with the applicable building code and be operated and maintained in accordance with the listing and the manufacturer's instructions.

7. 3904.2.2 Approvals. Systems or equipment used for the extraction of oils from plant material shall be approved in accordance with the applicable building code.

8. 3905.1 Gas detection. Continuous gas detection system provided in accordance with the applicable building code for extraction processes utilizing flammable gases as solvents shall be maintained as approved. The gas detection threshold shall be not greater than 25% of the lower explosive limit or lower flammable limit (LEL/LFL) of the materials, unless otherwise approved in accordance with the applicable building code.

9. 3905.1.1 System design. Flammable gas detection system provided in accordance with the applicable building code shall be calibrated to the types of fuels or gases used for the extraction process. The gas detection system shall be maintained. The gas detection threshold shall be not greater than 25% of the lower explosive limit or lower flammability limit (LEL/LFL) of the materials, unless otherwise approved in accordance with the applicable building code.

13VAC5-52-450. IFC Chapter 40 Storage of Distilled Spirits and Wines.

A. Make the following changes to Section 4003:

1. Change Section 4003.1 to read:

4003.1 Spill control. Where provided or required by the applicable building code, drainage or containment systems, including curbs, scuppers, special drains, or other suitable means to prevent the flow of spills throughout the building, shall be maintained.

2. Change Section 4003.2 to read:

4003.2 Ventilation. For rooms and spaces where distilled spirits and wines in barrels and casks are stored, ventilation shall be operated and maintained in accordance with the applicable building code to prevent vapors from concentrating above 25% of the lower flammable limit.

3. Change Section 4003.4 to read:

4003.4 Lightning. Lightning protection equipment shall be maintained in accordance with the applicable NFPA 70 and NFPA 780.

B. Make the following changes to Section 4004:

Change Section 4004.3 to read:

4004.3 Basement storage. Class I liquids shall be allowed to be stored in basements in amounts not exceeding the maximum allowable quantity per control area for use-open systems where approved in accordance with the applicable building code, and automatic suppression or other fire protection systems are maintained in accordance with Chapter 9. Class II and Class IIIA liquids shall also be allowed to be stored in basements where approved in accordance with the applicable building code and automatic suppression or other fire protection systems are maintained in accordance with Chapter 9.

C. Make the following changes to Section 4005:

Delete Section 4005.1.

13VAC5-52-460. Reserved.

13VAC5-52-470. Reserved.

13VAC5-52-480. IFC Chapter 50 Hazardous Materials - General Provisions.

A. The following changes shall be made to Section 5001, General:

1. Change Section 5001.1 to read:

5001.1 Scope. Prevention, control, and mitigation of dangerous conditions related to storage, dispensing, use, and handling of hazardous materials shall be in accordance with this chapter for operational usage. Quantities within buildings shall be maintained in accordance with the applicable building code.

This chapter shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that where specific requirements are provided in other chapters, those specific requirements shall apply in accordance with the applicable chapter. Where a material has multiple hazards, all hazards shall be addressed.

Exceptions:

1. In retail or wholesale sales occupancies, the quantities of medicines, foodstuff or consumer products, and cosmetics containing not more than 50% by volume of water-miscible liquids and with the remainder of the solutions not being flammable shall not be limited, provided such materials are packaged in individual containers not exceeding 1.3 gallons (5 L).

2. Quantities of alcoholic beverages in retail or wholesale sales occupancies shall not be limited providing the liquids are packaged in individual containers not exceeding 1.3 gallons (5 L).

3. Application and release of pesticide and agricultural products and materials intended for use in weed abatement, erosion control, soil amendment, or similar applications where applied in accordance with the manufacturer's instructions and label directions.

4. The offsite transportation of hazardous materials where in accordance with U.S. Department of Transportation regulations.

5. Building materials not otherwise regulated by this code.

6. Refrigeration systems (see Section 608).

7. Stationary storage battery systems regulated by Section 1207.

8. The display, storage, sale, or use of fireworks and explosives in accordance with Chapter 56.

9. Corrosives utilized in personal and household products in the manufacturer's original consumer packaging in Group M occupancies.

10. The storage of distilled spirits and wines in wooden barrels and casks.

11. The use of wall-mounted dispensers containing alcohol-based hand rubs classified as Class I or Class II liquids where in accordance with Section 5705.5.

12. Specific provisions for flammable liquids in motor fuel-dispensing facilities, repair garages, airports, and marinas in Chapter 23.

13. Storage and use of fuel oil in tanks and containers connected to oil-burning equipment. Such storage and use shall be in accordance with Section 605. For abandonment of fuel oil tanks, Chapter 57 applies.

14. Storage and display of aerosol products complying with Chapter 51.

15. Storage and use of flammable or combustible liquids that do not have a fire point when tested in accordance with ASTM D92 not otherwise regulated by this code.

16. Flammable or combustible liquids with a flash point greater than 95°F (35°C) in a water-miscible solution or dispersion with a water and inert (noncombustible) solids content of more than 80% by weight that do not sustain combustion, not otherwise regulated by this code.

17. Commercial cooking oil storage tank systems located within a building and designed and installed in accordance with Section 607 and NFPA 30.

2. Delete Section 5001.1.1.

3. Change Section 5001.3.3.9 to read:

5001.3.3.9 Reliable power source. Where a power supply is relied upon to prevent or control an emergency condition that could endanger people or property, the power supply shall be maintained in accordance with the applicable building code.

4. Change Section 5001.3.3.10 to read:

5001.3.3.10 Ventilation. Where ventilation is required by the applicable building code, it shall be maintained.

5. Change Section 5001.5 to read:

5001.5 Permits. Permits shall be required as set forth in Section 107.2.

6. Add the following language to the end of Section 5001.5.1 to read:

The Hazardous Materials Management Plan (HMMP) shall be maintained onsite for use by emergency responders and shall be updated not less than annually.

7. Add the following language to the end of Section 5001.5.2 to read:

The Hazardous Materials Information System (HMIS) shall be maintained onsite or readily available through another means where approved by the fire code official for use by temporary responders, and shall be updated not less than annually.

8. Add Sections 5001.5.3, 5001.5.3.1, and 5001.5.3.2 to read:

5001.5.3 Repository container. When a HMMP or HMIS is required, the owner or operator shall provide a repository container (lock box) or other approved means for the storage of items required in Sections 5001.5.1 and 5001.5.2 so as to be readily available to emergency response personnel.

5001.5.3.1 Location and identification. The repository container (lock box) shall be located, installed, and identified in an approved manner.

5001.5.3.2 Keying. All repository containers (lock boxes) shall be keyed as required by the fire code official.

9. Add Section 5001.7, including subsections, to read:

5001.7 Operational requirements for Group B teaching and research laboratories. Teaching and research laboratories in Group B educational occupancies above the 12th grade utilizing Section 428 of the USBC, Part I, Construction, or Section 306.1 of the USBC, Part II, Existing Buildings, shall comply with this section and other applicable requirements of this code. In the case of conflicts between the requirements of Section 428 of the USBC, Part I, Construction or Section 306.1 of the USBC, Part II, Existing Buildings and provisions of this code other than those set out in this section, Section 428 of the USBC, Part I, Construction or Section 306.1 of the USBC, Part II, Existing Buildings, as applicable, shall govern.

5001.7.1 Chemical safety reviews. Operating and emergency procedures planning and documentation shall be as set out in Sections 5001.3.3.11 through 5001.3.3.17. Such documentation shall be prepared by laboratory safety personnel or special experts and shall be made available in the workplace for reference and review by employees. Copies of such documentation shall be furnished to the fire code official for review upon request.

5001.7.2 Hazardous materials handling. Receiving, transporting onsite, unpacking, and dispensing of hazardous materials shall be carried out by persons trained in proper handling of such materials and shall be performed in accordance with Chapters 50 through 67, as applicable.

5001.7.3 Hazard identification signage. Warning signs for other than building components shall be provided in accordance with Section 5003.5.

5001.7.4 Maintenance of equipment, machinery, and processes. Maintenance of equipment, machinery, and processes used with hazardous materials shall comply with Section 5003.2.6.

5001.7.5 Time sensitive materials. Containers of materials that have the potential to become hazardous during prolonged storage shall be dated when first opened and shall be managed in accordance with NFPA 45, Section 8.2.4.4.1.

5001.7.6 Maintenance of storage, dispensing, use, and handling requirements. Storage, dispensing, use, and handling requirements in the USBC, Part I, Construction or the USBC, Part II, Existing Buildings shall be maintained. Operational requirements not affecting the manner of construction shall comply with this chapter and Chapters 51 through 67, as applicable.

5001.7.7 Hazardous wastes. Storage, dispensing, use, and handling of hazardous waste shall comply with this chapter and Chapters 51 through 67, as applicable.

5001.7.8 Container size. The maximum container size for all hazardous materials shall be 5.3 gallons (20 L) for liquids, 50 pounds (23 kg) for solids, 100 cubic feet (2.8. m³) for health hazard gases, and 500 cubic feet (14 m³) for all other gases.

Exception: Hazardous waste collection containers for other than Class I and Class II flammable liquids are permitted to exceed 5.3 gallons (20 L) where approved.

5001.7.9 Density. Quantities of Class I, Class II, and Class IIIA combustible or flammable liquids in storage and use within control areas or laboratory suites shall not exceed eight gallons per 100 square feet (30 L/9.3 m²) of floor area, with not more than four gallons per 100 square feet (15 L/9.3 m²) being in use. Quantities of Class I flammable liquids in storage and use shall not exceed four gallons per 100 square feet (15 L/9.3 m²) of floor area with not more than two gallons (7.5 L) being in use. The maximum in use in open systems is limited to 10% of these quantities. Densities shall be reduced by 25% on the 4th-floor through 6th-floor levels above grade plane of the building and 50% above the 6th-floor level. The density is to be reduced to 50% of these values for buildings that are not protected throughout with an approved automatic fire sprinkler system. Regardless of the density, the maximum allowable quantity per control area or laboratory suite shall not be exceeded.

Exception: Density limits may be exceeded in designated hazardous waste collection areas or rooms within a control area or laboratory suite, but stored quantities shall not exceed the maximum allowable quantity per laboratory suite or control area.

5001.7.10 Restricted materials in storage. Storage of pyrophorics and Class 4 oxidizers prohibited in existing buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the USBC, Part I, Construction shall be allowed within a control area at 25% of the limits for a building equipped throughout with an automatic sprinkler system with no additional increases allowed, provided that such materials are stored in accordance with all of the following:

1. Containers shall be completely sealed and stored according to the manufacturer's recommendations.

2. Storage shall be within approved hazardous materials storage cabinets in accordance with Section 5003.8.7 or shall be located in an inert atmosphere glove box in accordance with NFPA 45, Section 7.11.

3. The storage cabinet or glove box shall not contain any storage of incompatible materials.

5001.7.11 Restricted materials in use. Use of pyrophorics and Class 4 oxidizers prohibited in existing buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the USBC, Part I, Construction shall be allowed within a control area at 25% of the limits for buildings equipped throughout with an automatic sprinkler system with no additional increases allowed, provided that such materials are used in accordance with all of the following:

1. Use shall be within an approved chemical fume hood listed in accordance with UL 1805, or in an inert atmosphere glove box in accordance with NFPA 45, Section 7.11, or other approved equipment designed for the specific hazard of the material.

2. Combustible materials shall be kept at least two feet (610 mm) away from the work area, except for those items directly related to the research.

3. A portable fire extinguisher appropriate for the specific material shall be provided within 20 feet (6096 mm) of the use in accordance with Section 906.

B. The following changes shall be made to Section 5003, General Requirements:

1. Change Section 5003.1.1 and delete Table 5003.1.1(1).

5003.1.1 Maximum allowable quantity per control area. The maximum allowable quantity per control area shall be maintained in accordance with the applicable building code or Table 5003.1.1(3) and Table 5003.1.1(4) for outdoor control areas.

2. Delete Table 5003.1.1(2) and change Sections 5003.1.3 and 5003.1.4 to read:

5003.1.3 Quantities not exceeding the maximum allowable quantity per control area. The storage, use, and handling of hazardous materials in quantities not exceeding the maximum allowable quantity per control area indicated in the applicable building code shall be in accordance with Sections 5001 and 5003. For outdoor control areas, quantities exceeding the maximum allowable quantity per control area indicated in Table 5003.1.1(3) or Table 5003.1.1(4) shall be in accordance with Sections 5001 and 5003.

5003.1.4 Quantities exceeding the maximum allowable quantity per control area. The storage, use, and handling of hazardous materials in quantities exceeding the maximum allowable quantity per control area indicated in the applicable building code shall be approved by the building official in accordance with the applicable building code and maintained in accordance with this chapter. For outdoor control areas, quantities exceeding the maximum allowable quantity per control area indicated in Table 5003.1.1(3) or Table 5003.1.1(4) shall be in accordance with this chapter.

3. Change Section 5003.2 to read:

5003.2 Systems, equipment, and processes. Systems, equipment, and processes utilized for storage, dispensing, use, or handling of hazardous materials shall be in accordance with Sections 5003.2.1 through 5003.2.9.

4. Change Section 5003.2.1 to read:

5003.2.1 Design and construction of containers, cylinders, and tanks. Portable containers and cylinders shall be designed and constructed in accordance with approved standards. Containers, cylinders, and other means used for containment of hazardous materials shall be of an approved type. Pressure vessels not meeting U.S. Department of Transportation requirements for transportation shall comply with the ASME Boiler and Pressure Vessel Code.

Tanks shall be installed in accordance with the applicable building code and shall be maintained.

5. Change Section 5003.2.2 to read:

5003.2.2 Piping, tubing, valves, and fittings. Piping, tubing, valves, and fittings conveying hazardous materials shall be maintained in accordance with ASME B31 or other approved standards in accordance with the applicable building code.

6. Delete Sections 5003.2.2.1 and 5003.2.2.2.

7. Change Section 5003.2.3 to read:

5003.2.3 Equipment, machinery, and alarms. Equipment, machinery, and detection and alarm systems associated with the use, storage, or handling of hazardous materials shall be listed or approved.

8. Change Section 5003.2.4 to read:

5003.2.4 Installation of tanks. Installation of tanks shall be in accordance with Sections 5003.2.4.1 through 5003.2.4.2.1. For tanks subject to Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91) or Underground Storage Tanks: Technical Standards and Corrective Action Requirements (9VAC25-580), see Section 5701.1.1.

9. Change Section 5003.2.4.1 to read:

5003.2.4.1 Underground tanks. Where provided or required by the applicable building code, secondary containment for underground tanks shall be maintained. In lieu of secondary containment for an underground tank, an aboveground tank in an underground vault complying with the applicable building code shall be permitted.

10. Change Section 5003.2.4.2 to read:

5003.2.4.2 Aboveground tanks. Aboveground stationary tanks used for the storage of hazardous materials shall be maintained in accordance with the requirements for outdoor storage of the particular material involved.

Exception: Aboveground tanks that are installed in vaults complying with the applicable building code and maintained in accordance with Section 5303.16 or 5704.2.8 shall not be required to comply with location and protection requirements for outdoor storage.

11. Change Sections 5003.2.7 and 5003.2.8 to read:

5003.2.7 Liquid-level limit control. Where provided or required by the applicable building code, liquid-level limit controls, or other approved means to prevent overfilling of atmospheric tanks having a capacity greater than 500 gallons (1893 L) and that contain hazardous material liquids shall be maintained.

5003.2.8. Seismic protection. Where provided, bracing and anchoring for machinery and equipment utilizing hazardous materials shall be maintained in accordance with the applicable building code.

12. 5003.2.9.1 Equipment, devices, and systems requiring testing. The following equipment, systems, and devices shall be tested in accordance with Sections 5003.2.9 and 5003.2.9.2.

1. Gas detection systems, alarms, and automatic emergency shutoff valves required by Section 6004.2.2.10 for highly toxic and toxic gases.

2. Limit control systems for liquid level, temperature, and pressure required by Sections 5004.8 and 5005.1.4.

3. Emergency alarm systems and supervision required by Sections 5004.9 and 5005.4.4.

4. Monitoring and supervisory systems required by the applicable building code.

5. Manually activated shutdown controls required by the applicable building code for compressed gas systems conveying pyrophoric gases.

13. Change Section 5003.3.1.4 to read:

5003.3.1.4 Responsibility for cleanup. The person, firm, or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. The fire code official may require records and receipts to verify cleanup and proper disposal of unauthorized discharges. When deemed necessary by the fire code official, cleanup may be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be the responsibility of the owner, operator, or other person responsible for the unauthorized discharge.

Note: Owners and operators of certain underground and aboveground petroleum storage tanks may have access to the Virginia Petroleum Storage Tank Fund for reimbursement of some cleanup costs associated with petroleum discharges from these tanks. See Article 10 (§ 62.1-44.34:10 et seq.) of Title 62.1of the Code of Virginia.

14. Change Sections 5003.8 and 5003.8.1 to read:

5003.8 Construction requirements. Buildings, control areas, enclosures, and cabinets for hazardous materials shall be in accordance with Sections 5003.8.1 through 5003.8.6.3.

5003.8.1 Buildings. Buildings or portions thereof in which hazardous materials are stored, handled, or used shall be maintained in accordance with the applicable building code.

15. Change Section 5003.8.2 and change Table 5003.8.2 to Table 5003.12 Outdoor Separation and replace "a detached building" on the top row of the Table with "separation":

5003.8.2 Detached buildings. Group H occupancies containing quantities of hazardous materials in excess of those set forth in the applicable building code shall be approved by the building official and located in accordance with the applicable building code.

16. Change Sections 5003.8.3 through 5003.8.3.2 to read:

5003.8.3 Control areas. Control areas shall comply with Sections 5003.8.3.1 through 5003.8.3.5.

Exception: Higher education laboratories in accordance with Chapter 38 and the applicable building code.

5003.8.3.1 Control area. Fire barriers separating control areas shall be maintained in accordance with Chapter 7.

5003.8.3.2 Percentage of maximum allowable quantities. The percentage of maximum allowable quantities of hazardous materials per control area allowed at each floor level within a building shall be maintained in accordance with this chapter and the applicable building code.

17. Delete Table 5003.8.3.2.

18. Change Section 5003.8.3.3 to read:

5003.8.3.3 Number. The maximum number of control areas per floor within a building shall be maintained in accordance with this chapter and the applicable building code.

19. Delete Section 5003.8.3.4.

20. Delete Sections 5003.8.3.5.1 through 5003.8.3.5.3 and change Section 5003.8.3.5 to read:

5003.8.3.5 Hazardous material in Group M display and storage areas and in Group S storage areas. The aggregate quantity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials allowed within a single control area of a Group M display and storage area or a Group S storage area shall comply with this chapter and the applicable building code. The aggregate quantity is allowed to exceed the maximum allowable quantities per control area specified in the applicable building code without classifying the building or use as a Group H occupancy, provided that the materials are displayed and stored in accordance with Section 5003.11 and the applicable building code.

21. Change Sections 5003.8.4 through 5003.8.5.3 and 5003.8.6.2 to read:

5003.8.4 Gas rooms. Where a gas room is provided it shall be maintained in accordance with the provisions of Chapter 60, this chapter, and the applicable building code.

5003.8.4.1 Protection. Where provided or required by the applicable building code, fire protection systems and fire-rated separation shall be maintained.

5003.8.4.2 Ventilation system. Where provided or required by the applicable building code, ventilation systems for gas rooms shall be operated and maintained. Highly toxic and toxic gases shall comply with Section 6004.2.2.6 and the applicable building code.

5003.8.5 Exhausted enclosures. Where an exhausted enclosure is used to increase maximum allowable quantity per control area, the exhausted enclosure shall be maintained in accordance with this chapter, Chapter 60, and the applicable building code.

5003.8.5.1 Materials. Exhausted enclosures shall be maintained as approved by the applicable building code. Where noncombustible materials were required by the applicable building code, combustible materials are prohibited.

5003.8.5.2 Ventilation. Where provided or required by the applicable building code, the ventilation system for exhausted enclosures shall be operated and maintained. Ventilation systems used for highly toxic and toxic gases shall comply with this chapter; Items 1, 2, and 3 of Section 6004.1.3; and the applicable building code.

5003.8.5.3 Fire-extinguishing system. Where provided or required by the applicable building code, fire-extinguishing systems for exhaust enclosures shall be maintained in accordance with Chapter 9 and the applicable building code.

5003.8.6.2 Ventilation. Where provided or required by the applicable building code, the ventilation system for gas cabinets shall be operated and maintained. Ventilation systems used for highly toxic and toxic gases shall comply with this chapter; Items 1, 2, and 3 of Section 6004.1.2; and the applicable building code.

22. Change Section 5003.9.9 to read:

5003.9.9 Shelf storage. Shelving shall be of substantial construction and shall comply with the requirements of this chapter and the applicable building code. Shelving shall be treated, coated, or constructed of materials that are compatible with the hazardous materials stored. Shelves shall be provided with a lip or guard when used for the storage of individual containers.

Exceptions:

1. Storage in hazardous material storage cabinets or laboratory furniture specifically designed for such use.

2. Storage of hazardous materials in amounts not requiring a permit in accordance with Section 5001.5.

Shelf storage of hazardous materials shall be maintained in an orderly manner.

23. Change Section 5003.11 to read:

5003.11 Group M storage and display and Group S storage. The aggregate quantity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored and displayed within a single control area of a Group M occupancy or an outdoor control area or stored in a single control area of a Group S occupancy is allowed to exceed the maximum allowable control area indicated in Section 5003.1 and the applicable building code when maintained in accordance with Sections 5003.11.1 through 5003.11.3.10.

24. Change Section 5003.11.1 to read:

5003.11.1 Maximum allowable quantity per control area in Group M or Group S occupancies. The aggregate amount of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored and displayed within a single control area of a Group M occupancy or stored in a single control area of a Group S occupancy shall not exceed the amounts set forth in the applicable building code.

25. Rename Table 5003.11.1 to Table 5003.11.1 Maximum Allowable Quantity Per Outdoor Control Area in Group M And S Occupancies—Nonflammable Solids, Nonflammable, and Noncombustible Liquids.

26. Change footnote "b" of Table 5003.11.1 to read:

Maximum allowable quantities shall be increased 100% in buildings equipped throughout with an approved automatic sprinkler system in accordance with the applicable NFPA 13 standard. Where Note c applies, the increase for both notes shall be applied accumulatively.

27. Change Section 5003.11.2 to read:

5003.11.2 Maximum allowable quantity per outdoor control area in Group M or Group S occupancies. The aggregate amount of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored and displayed within a single outdoor control area of a Group M occupancy shall not exceed the amounts set forth in Table 5003.11.1.

28. Change Section 5003.11.3 to read:

5003.11.3 Storage and display. Storage and display shall be in accordance with Sections 5003.11.3.1 through 5003.11.3.10.

29. Change Section 5003.11.3.1 to read:

5003.11.3.1 Density. Storage and display of solids shall not exceed the density of floor area allowed by the applicable building code. Storage and display of liquids shall not exceed the amount per square foot allowed by the applicable building code.

30. Change Section 5003.11.3.2 to read:

5003.11.3.2 Storage and display height. Unless otherwise approved in accordance with the applicable building code, display height shall not exceed six feet (1829 mm) above the finished floor in display areas of Group M occupancies Storage height shall not exceed eight feet (2438 mm) above the finished floor in storage areas of Group M and Group S occupancies.

Storage height shall not exceed eight feet (2438 mm) above the finished floor in storage areas of Group M and Group S occupancies.

31. Change Section 5003.11.3.4 to read:

5003.11.3.4 Racks and shelves. Racks and shelves used for storage or display shall be maintained in accordance with Section 5003.9.9.

32. Change Section 5003.11.3.8 to read:

5003.11.3.8 Floors. Floors shall be maintained in accordance with Section 5004.12 unless otherwise approved by the applicable building code.

C. The following changes shall be made to Section 5004, Storage:

1. Change Section 5004.1 to read:

5004.1 Scope. Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area shall be maintained in accordance with Sections 5001, 5003, and 5004 and the applicable building code. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area shall be in accordance with Sections 5001 and 5003 and the applicable building code. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible liquid hazardous materials in Group M occupancies and Group S storage shall be maintained in accordance with Section 5003.11 and the applicable building code.

2. Change Sections 5004.2 through 5004.2.2.1 to read:

5004.2 Spill control and secondary containment for liquid and solid hazardous materials. Spill control and secondary containment for rooms, buildings, or areas used for the storage of liquid or solid hazardous materials shall be maintained in accordance with Sections 5004.2.1 through 5004.2.3 and the applicable building code.

Exception: Outdoor storage of containers on approved containment pallets in accordance with Section 5004.2.3.

5004.2.1 Spill control for hazardous material liquids. Where provided or required by the applicable building code, spill control for hazardous materials shall be maintained. For individual vessels having a capacity of more than 55 gallons (208 L) or in which the aggregate capacity of multiple vessels exceeds 1,000 gallons (3785 L), spill control shall be maintained to prevent the flow of liquids to adjoining areas in accordance with the applicable building code.

5004.2.2 Secondary containment for hazardous material liquids and solids. Where provided or required by the applicable building code, secondary containment for hazardous materials shall be maintained.

5004.2.2.1 Containment and drainage methods. Facilities, equipment, and method used for containment and drainage of hazardous materials and fire protection water shall be maintained in accordance with this chapter and the applicable building code.

3. Change Section 5004.2.2.1 to read:

5004.2.2.1 Containment and drainage methods. Facilities, equipment, and method used for containment and drainage of hazardous materials and fire protection water shall be maintained in accordance with this chapter and the applicable building code.

4. Delete Section 5004.2.2.3.

5. Change Sections 5004.2.2.5 and 5004.2.2.6 to read:

5004.2.2.5 Monitoring. An approved monitoring method shall be provided to detect hazardous materials in the secondary containment system. The monitoring method is allowed to be visual inspection of the primary or secondary containment or other approved means. Where secondary containment is subject to the intrusion of water, a monitoring method for detecting water shall be provided. Where monitoring devices are provided, they shall be maintained in accordance with the applicable building code.

5004.2.2.6 Drainage system design. Drainage systems shall be maintained in accordance with this chapter and the applicable building code.

6. Change Section 5004.3 to read:

5004.3 Ventilation. Indoor storage areas and storage buildings shall maintain ventilation in accordance with the applicable building code and shall be operated and maintained in accordance with this chapter. Storage areas for flammable solids shall comply with Chapter 59.

7. Delete Section 5004.3.1.

8. Change Section 5004.5 to read:

5004.5 Automatic sprinkler systems. Automatic sprinkler systems for the storage of hazardous materials shall be maintained in accordance with this chapter, Chapter 9, and the applicable building code.

9. Change Section 5004.6 to read:

5004.6 Explosion control. Explosion control for storage rooms, areas, and buildings shall be maintained in accordance with this chapter, Chapter 9, and the applicable building code.

10. Change Section 5004.7 to read:

5004.7 Standby or emergency power. Where mechanical ventilation, treatment systems, temperature control, alarm, detection, or other electrically operated systems are required to have emergency or standby power systems in accordance with the applicable building code, those power systems shall be operated and maintained in accordance with NFPA 70, Section 1203, and this chapter.

11. Delete Section 5004.7.1.

12. Delete Section 5004.7.2.

13. Change Sections 5004.8 through 5004.8.2 to read:

5004.8 Limit controls. Limit controls shall be maintained in accordance with Sections 5004.8.1 and 5004.8.2.

5004.8.1 Temperature control. Where provided or required by the applicable building code, temperature control devices for materials that must be kept at temperatures other than normal ambient temperatures to prevent a hazardous reaction shall be maintained to keep the temperature within a safe range.

5004.8.2 Pressure control. Where provided or required by the applicable building code, pressure control devices on stationary tanks and equipment containing hazardous material liquids that can generate pressures exceeding design limits because of exposure fires or internal reaction shall be maintained to relieve excessive internal pressure.

14. Change Section 5004.9 to read:

5004.9 Emergency alarm. Where provided or required by the applicable building code, manual emergency alarm systems in rooms or areas used for storage of hazardous materials shall be maintained in accordance with Chapter 9 and the applicable building code.

15. Change Section 5004.10 to read:

5004.10 Supervision and monitoring. Where emergency alarm, detection, and automatic fire-extinguishing systems are required by the applicable building code to be electrically supervised, they shall maintain monitoring by an approved supervising station or, when approved, sound an audible and visual signal at a constantly attended onsite location.

16. Change Section 5004.12 to read:

5004.12 Noncombustible floors. Except for surfacing, floors of storage areas shall remain noncombustible where required by the applicable building code.

17. Change Section 5004.13 to read:

5004.13 Weather protection. Where overhead noncombustible construction is provided for sheltering outdoor hazardous material storage areas, such storage shall not be considered indoor storage where the area is constructed in accordance with the requirements for weather protection as required by the applicable building code.

Exception: Storage of explosive materials shall be considered as indoor storage.

D. The following changes shall be made to Section 5005, Use, Dispensing, and Handling:

1. Change Sections 5005.1 and 5005.1.2 through 5005.1.9 to read:

5005.1 General. Use, dispensing, and handling of hazardous materials in amounts exceeding the maximum allowable quantity per control area shall be maintained in accordance with Sections 5001, 5003, and 5005 and the applicable building code. Use, dispensing, and handling of hazardous materials in amounts not exceeding the maximum allowable quantity per control area set forth in Section 5003.1 shall be maintained in accordance with Sections 5001 and 5003 and the applicable building code.

5005.1.2 Noncombustible floor. Except for surfacing, floors of areas where liquid or solid hazardous materials are dispensed or used in open systems shall be maintained as noncombustible and liquid-tight where required by the applicable building code.

5005.1.3 Spill control and secondary containment for hazardous material liquids. Where provided or required by the applicable building code, spill control and secondary containment for hazardous materials shall be maintained in accordance with Section 5004.2 and the applicable building code.

5005.1.4 Limit controls. Limit controls shall be maintained in accordance with Sections 5005.1.4.1 through 5005.1.4.4.

5005.1.4.1 High-liquid-level control. Where provided or required by the applicable building code, liquid-level limit controls or other approved means to prevent overfilling of open tanks shall be maintained.

5005.1.4.2 Low-liquid-level control. Where provided or required by the applicable building code, liquid-level limit controls or other approved means to prevent a low-liquid level in a tank from creating a hazardous condition, including overheating of a tank or its contents, shall be maintained.

5005.1.4.3 Temperature control. Where provided or required by the applicable building code, temperature controls shall be maintained in accordance with Section 5004.8.1.

5005.1.4.4 Pressure control. Where provided or required by the applicable building code, pressure controls shall be maintained in accordance with Section 5004.8.2.

5005.1.5 Standby or emergency power. Where mechanical ventilation, treatment systems, temperature control, alarm, detection, or other electrically operated systems are required to have emergency or standby power systems in accordance with the applicable building code, those power systems shall be operated and maintained in accordance with NFPA 70, Section 1203, and this chapter.

2. Delete Section 5005.1.5.1.

Change Sections 5005.1.6 through 5005.1.9 to read:

5005.1.6 Supervision and monitoring. Where emergency alarm, detection, and automatic fire-extinguishing systems are required by the applicable building code to be electrically supervised, they shall maintain monitoring by an approved supervising station or, when approved, sound an audible and visual signal at a constantly attended onsite location.

5005.1.7 Lighting. Natural or artificial lighting provided for use, dispensing, and handling of hazardous materials shall be maintained in accordance with this chapter, Chapter 6, and the applicable building code.

5005.1.8 Fire-extinguishing systems. Where fire-extinguishing systems for rooms or areas in which hazardous materials are dispensed or used are required by the applicable building code, they shall be maintained in accordance with this chapter, Chapter 9, and the applicable building code.

5005.1.9 Ventilation. Where provided or required by the applicable building code, exhaust ventilation for indoor dispensing and use areas shall be operated and maintained in accordance with the applicable building code and Section 5004.3.

Exception: Ventilation is not required for dispensing and use of flammable solids other than finely divided particles.

3. Delete Sections 5005.1.11 and 5005.1.12.

4. Change Section 5005.2 to read:

5005.2 Indoor dispensing and use. Indoor dispensing and use of hazardous materials shall be in buildings complying with the International Building Code and in accordance with Section 5005.1, Sections 5005.2.1 through 5005.2.1.4, and Sections 5005.2.2.1 through 5005.2.2.4.

5. Change Section 5005.2.1.3 to read:

5005.2.1.3 Spill control for hazardous material liquids. Where spill control is provided in accordance with the applicable building code for buildings, rooms, or areas where hazardous material liquids are dispensed into vessels exceeding a 1.3-gallon (5 L) capacity or used in open systems exceeding a 5.3-gallon (20 L) capacity, spill control shall be maintained in accordance with this chapter.

6. Change Section 5005.2.1.4 to read:

5005.2.1.4 Secondary containment for hazardous material liquids. Where secondary containment is provided in accordance with the applicable building code for hazardous material liquids, it shall be maintained.

7. Delete Table 5005.2.1.4.

8. Change Section 5005.2.2 to read:

5005.2.2 Closed systems. Use of hazardous materials in closed containers or systems shall be in accordance with Sections 5005.2.2.1 through 5005.2.2.4.

9. Change Section 5005.2.2.1 through 5005.2.2.4 to read:

5005.2.2.1 Ventilation. Where closed systems are designed to be opened as part of normal operations, ventilation required by the applicable building code shall be operated and maintained in accordance with Section 5005.2.1.1.

5005.2.2.2 Explosion control. Where provided or required by the applicable building code, explosion control shall be maintained in accordance with Section 5004.6 where an explosive environment exists because of the hazardous materials dispensed or used or as a result of the dispensing or use process.

Exception: Where process vessels are designed to contain fully the worst-case explosion anticipated within the vessel under process conditions based on the most likely failure.

5005.2.2.3 Spill control for hazardous material liquids. Where provided in accordance with the applicable building code for buildings, rooms, or areas where hazardous material liquids are used in individual vessels exceeding a 55-gallon (208 L) capacity with the applicable building code, spill control shall be maintained in accordance with Section 5004.2.

5005.2.2.4 Secondary containment for hazardous material liquids. Where provided in accordance with the applicable building code, secondary containment for buildings, rooms, or areas where hazardous material liquids are used shall be maintained in accordance with Section 5004.2.2.

10. Change Section 5005.3.4 to read:

5005.3.4 Spill control for hazardous material liquids in open systems. Outdoor areas where hazardous material liquids are dispensed in vessels exceeding a 1.3-gallon (5 L) capacity or used in open systems exceeding a 5.3-gallon (20 L) capacity shall be provided with spill control in accordance with the applicable building code.

11. Change Section 5005.3.5 to read:

5005.3.5 Secondary containment for hazardous material liquids in open systems. Where required, outdoor areas where hazardous material liquids are dispensed or used in open systems shall be provided with secondary containment in accordance with the applicable building code where the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:

1. Individual vessel or system: greater than 1.3 gallons (5 L).

2. Multiple vessels or systems: greater than 5.3 gallons (20 L).

12. Change Section 5005.3.6 to read:

5005.3.6 Spill control for hazardous material liquids in closed systems. Outdoor areas where hazardous material liquids are used in closed systems exceeding 55 gallons (208 L) shall be provided with spill control in accordance with the applicable building code.

13. Change Section 5005.3.7 to read:

5005.3.7 Secondary containment for hazardous material liquids in closed systems. Where required, outdoor areas where hazardous material liquids are dispensed or used in closed systems shall be provided with secondary containment in accordance with the applicable building code where the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:

1. Individual vessel or system greater than 55 gallons (208 L).

2. Multiple vessels or systems greater than 1,000 gallons (3785 L).

14. Change Section 5005.3.9 to read:

5005.3.9 Weather protection. Where overhead noncombustible construction is provided for sheltering outdoor hazardous material use areas, such use shall not be considered indoor use where the area is constructed in accordance with the requirements for weather protection as required in the applicable building code.

Exception: Use of explosive materials shall be considered as indoor use.

15. Change Section 5005.4 to read:

5005.4 Handling. Handling of hazardous materials shall be maintained in accordance with Sections 5005.4.1 through 5005.4.4.

16. Change Section 5005.4.1 to read:

5005.4.1 Quantities exceeding the maximum allowable quantity per control area. Handling of hazardous materials in outdoor locations in amounts exceeding the maximum allowable quantity per the applicable building code shall be in accordance with Sections 5001, 5003, 5005.1, and 5005.4.

17. Change Section 5005.4.2 to read:

5005.4.2 Quantities not exceeding the maximum allowable quantity per control area. Handling of hazardous materials in indoor locations in amounts not exceeding the maximum allowable quantity per the applicable building code shall be in accordance with Sections 5001, 5003, and 5005.1. Handling of hazardous materials in outdoor locations in amounts not exceeding the maximum allowable quantity per Table 5003.1.1(3) and Table 5003.1.1(4) shall be in accordance with Sections 5001 and 5003.

18. Change Section 5005.4.4 to read:

5005.4.4 Dispensing, use, and handling. Hazardous materials having a hazard ranking of 3 or 4 in accordance with NFPA 704 shall not be transported through corridors, interior exit stairways or ramps, or exit passageways unless such areas maintain an emergency telephone system, a local manual alarm station, or an approved alarm-initiating device throughout the transport route in accordance with the applicable building code. Where required by the applicable building code, the signal shall be relayed to an approved central, proprietar