Chapter 15.25
FIRE PREVENTION CODE*

Sections:

15.25.010    Adopted – Purpose – Etc.

15.25.020    Availability of copies.

15.25.030    Repealed.

15.25.040    Violations.

15.25.050    Liability insurance as prerequisite to issuance of blasting permit.

15.25.055    Permit fees.

15.25.060    Modifications.

15.25.070    Appeals.

15.25.080    New materials, processes or occupancies requiring permits.

*Cross references – Fire alarm systems, Chapter 8.10 SCC; requirements and charges for fire sprinkler system connected to city water system, SCC 13.15.120; damaging fire hydrants, SCC 13.15.160; building regulations, Title 15; buildings constituting fire hazards designated as unsafe buildings, SCC 15.20.030.

State law references – Fire protection, Code of Virginia, Title 27; authority of city as to regulations for guarding against danger of fire, § 15.1-15.

15.25.010 Adopted – Purpose – Etc.

(1) The Virginia Statewide Fire Prevention Code, as amended and adopted by the Commonwealth of Virginia Board of Housing and Community Development, of which copies are filed and maintained up-to-date in the city manager’s office and the fire code official’s office, is hereby adopted and incorporated herein as fully as if set forth at length herein and the provisions thereof shall be controlling in the local enforcement to safeguard life and property from hazards of fire or explosion arising from the improper maintenance of life, safety and structures, and the unsafe storage, handling and use of substances, materials and devices, wherever located.

(2) The fire code official shall be designated by the city manager and shall have all powers set forth in the Virginia Statewide Fire Prevention Code. (Code 1964, 12-5; Code 1985, § 13-31; Ord. 3-24-88; Ord. 1-9-92; Ord. 2-24-94; Ord. 12-13-01).

State law reference – Authority of city to adopt fire prevention code, Code of Virginia, § 27-5.1.

15.25.020 Availability of copies.

Copies of the fire prevention code adopted by this chapter may be obtained at the office of the city manager during normal business hours. (Code 1964, § 12-6; Code 1985, § 13-32).

15.25.030 Administration and enforcement.

Repealed by Ord. 12-13-01. (Code 1985, § 13-33).

15.25.040 Violations.

(1) Any person who shall violate any of the provisions of the fire prevention code adopted by this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city manager or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not more than $1,000. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

(2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1964, § 12-10; Code 1985, § 13-34).

15.25.050 Liability insurance as prerequisite to issuance of blasting permit.

(1) As a prerequisite for the issuance of a blasting permit under Article 26 of the BOCA National Fire Prevention Code (1990), adopted by this chapter, the applicant for such permit shall submit to the fire code official certification of liability insurance to cover injuries to persons or property which might result from blasting operations, in the amount of not less than $100,000 for each occurrence for property damage and $100,000 per person and $300,000 for all persons for each occurrence for personal liability. Such liability insurance shall not have more than $100,000 total deductible provisions for each occurrence on property damage and no deductible provision on personal injury. Such blasting insurance shall cover personal injury and death, as well as property damage, resulting from explosions, articles propelled by explosions, structural damage or collapse of structures or underground damages.

(2) Where blasting is to be conducted in an area where there is a high density of persons or where there are a number of nearby structures of two stories or more, the fire code official may require liability insurance coverage greater than that specified in subsection (1) of this section, in order to adequately make available protection commensurate with the risk to persons and property.

(3) This section shall not apply to blasting operations undertaken by city forces. (Code 1964, § 12-29; Code 1985, § 13-35; Ord. 3-24-88; Ord. 1-9-92; Ord. 12-14-01).

Charter reference – Authority of council to regulate storage, sale and use of explosives, § 11(14).

15.25.055 Permit fees.

(1) Payment Prerequisite to Issuance or Amendment of Permit. No permit required by the Virginia Statewide Fire Prevention Code to begin work shall be issued until the fees prescribed in this section have been paid to the department of building inspection or other authorized municipal agency, nor shall an amendment be made to such a permit necessitating an additional fee, because of an increase in the estimated cost of the work involved, be approved until the additional fee has been paid.

(2) Fees. The fees for fire code permits shall be as follows:

Description	Permit Required	Fee	Time
Carnivals and Fairs. An operational permit is required to conduct a carnival or fair.	Yes	$50.00	Event
Explosives. An operational permit is required:
To store explosives, fireworks or pyrotechnic special effects – per site.	Yes	$100.00	Annual
To use explosives – per site.	Yes	$50.00	90 days
To conduct a fireworks display.	Yes	$100.00	Event
Sale of fireworks – per site. (Allowed June 1st through July 15th per calendar year.)	Yes	$75.00	45 Days
Flammable and Combustible Liquids. An operational permit is required:
To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes – per site.	Yes	$50.00	90 Days
To remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank – per site.	Yes	$50.00	90 Days
To change the type of contents stored in a flammable or combustible liquid tank to a material which poses greater hazard than that for which the tank was designed and constructed – per site.	Yes	$50.00	90 Days
Pyrotechnic Special Effects Material. An operational permit is required for indoor use and handling of pyrotechnic special effects material.	Yes	$50.00	Event

(3) Refunds. Refunds shall be issued at the discretion of the fire code official or their designee. Refunds shall be based on the amount of staff work completed at the time of the request for permit withdrawal, with the refund not to exceed 50 percent of the permit cost. (Ord. 2005-11).

15.25.060 Modifications.

The fire code official shall have power to modify any of the provisions of the fire prevention code adopted by this chapter upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of such code; provided, that the spirit of such code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Code 1964, § 12-7; Code 1985, § 13-36; Ord. 12-13-01).

15.25.070 Appeals.

Whenever the fire code official or the building official shall disapprove an application or refuse to grant a permit applied for pursuant to the fire prevention code adopted by this chapter, or when it is claimed that the provisions of such code do not apply or that the true intent and meaning of such code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire code official or the building official to the city manager within 30 days from the date of the decision from which the appeal is taken. (Code 1964, § 12-8; Code 1985, § 13-37; Ord. 12-13-01).

15.25.080 New materials, processes or occupancies requiring permits.

The city manager, the fire code official and the building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the fire prevention code adopted by this chapter. The fire code official shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. (Code 1964, § 12-9; Code 1985, § 13-38; Ord. 12-13-01).