Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1471 Note: Continuing education and periodic training 
requirements for DHCD certifications are set out in the 
Virginia Certification Standards (13VAC5 -21). 
DOCUMENTS INCORPORATED BY REFERENCE 
(13VAC5 -31)  
ANSI B77.1 -2011, Passenger Ropeways – Aerial 
Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – 
Safety Requirements, 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 F698 -94, Standard Specification for Physical 
Information to be Provided for Amusement Rides and 
Devices  
ASTM F747 -06 F747 -15, Standard Terminology Relating 
to Amusement Rides and Devices  
ASTM F770 -11 F770 -15, Standard Practice for 
Ownership , and Operation , Maintenance, and Inspection  of 
Amusement Rid es and Devices  
ASTM F846 -92 (2009), Standard Guide for Testing 
Performance of Amusement Rides and Devices  
ASTM F853 -05, Standard Practice for Maintenance 
Procedures for Amusement Rides and Devices  
ASTM F893 -10, Standard Guide for Inspection of 
Amusement Ri des and Devices  
ASTM F1159 -11 F1159 -15b, Standard Practice for Design 
and Manufacture of Patron Directed, Artificial Climbing 
Walls, Dry Slide, Coin Operated and Purposeful Water 
Immersion  of Amusement Rides and Devices and Air -
Supported Structures  that are Outside the Purview of Other 
F24 Design Standards  
ASTM F1193 -06 F1193 -16, Standard Practice for Quality, 
Manufacture, and Construction of Amusement Rides and 
Devices  
ASTM F1957 -99 (2011), Standard Test Method for 
Composite Foam Hardness -Durometer Hardn ess 
ASTM F2007 -12, Standard Practice for Classification, 
Design, Manufacture, and Operation of Concession Go -
Karts and Facilities  
ASTM F2137 -11 F2137 -16, Standard Practice for 
Measuring the Dynamic Characteristics of Amusement 
Rides and Devices  
ASTM F2291 -11 F2291 -15, Standard Practice for Design 
of Amusement Rides and Devices  
ASTM F2374 -10, Standard Practice for Design, 
Manufacture, Operation, and Maintenance of Inflatable 
Amusement Devices  
ASTM F2375 -09, Standard Practice for Design, 
Manufacture, Installa tion and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, 
Play Areas and Attractions  
ASTM F2376 -08 F2376 -13, 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 F2959 -12 F2959 -16, Standard Practice for Special 
Requirements for  Aerial Adventure Courses  
ASTM F2974 -15, Standard Guide for Auditing 
Amusement Rides and Devices  
VA.R. Doc. No. R16 -4667;  Filed January 20, 2017, 2:38 p.m.  
Proposed Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from 
Article 2 of the Administrative Process Act pursuant to §  2.2-
4006 A 12 of the Code of Virginia, which excludes 
regulations adopted by the Board of Housing and Community 
Development pursuant to the Statewide Fire Prevention Code 
(§ 27-94 et seq.), the Industrialized Building Safety Law 
(§ 36-70 et seq.), the Uniform Statewide Building Code 
(§ 36-97 et seq.) , and §  36-98.3 of the Code of Virginia, 
provided the board (i) provides a Notice of Intended 
Regulatory Action in conformance with the provisions of 
§ 2.2-4007.01, (ii) publishes the proposed regulation and 
provides an opportunity for oral and written com ments as 
provided in §  2.2-4007.03, and (iii) conducts at least one 
public hearing as provided in §  § 2.2-4009 and 36 -100 prior 
to the publishing of the proposed regulations.  
Title of Regulation:  13VAC5 -51. Virginia Statewide Fire 
Prevention Code  (amending 13VAC5 -51-11 through  
13VAC5 -51-155; adding 13VAC5 -51-144.8; repealing 
13VAC5 -51-146).  
Statutory Authority:  § 27-97 of the Code of Virginia.  
Public Hearing Information:  
May 15, 2017 - 10 a.m. - Virginia Housing Development 
Authority Virginia Housing Center, 4224 Cox Road, Glen 
Allen, VA 23060  
Public Comment Deadline:  April 21, 2017.  
Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legislative Director, Department of Housing  and Community 
Development, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@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 Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1472  the technical provisions of the regulation. Every three years, a 
new edition of the model code becomes available. At that 
time, the Board of  Housing and Community Development 
initiates a regulatory action to incorporate the newest edition 
of the model code into the regulation as well as accepting 
proposals for changes to the regulation from affected client 
groups and the public. The Department  of Housing and 
Community Development staff maintains mailing lists for 
workgroups involving different subject areas of regulation 
and conducts workgroup meetings to develop consensus 
recommendations, when possible, concerning submitted 
proposals. The depa rtment uses an online program 
incorporating the provisions of the regulation and the model 
code 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 work group meetings are 
completed, the board holds a series of meetings to consider 
each proposal, and the approved proposals are incorporated 
into the proposed regulation. After publication of the 
proposed regulation, the board   establishes a comment period 
for the acceptance of comments on amendments reflected in 
the proposed regulation, and an additional public hearing is 
held. The board then meets to consider proposals and public 
comments and develops a final regulation to complete the 
regulatory process.  
Summary:  
The proposed amendments to the SFPC in this regulatory 
action are as follows:  
13VAC5 -51-31 A: The 2015 edition of the International 
Fire Code (IFC) is incorporated by reference to replace 
the 2012 edition of the IFC.  
13VAC5 -51-51 K: The Virginia C ertification Standards 
(13VAC5 -21) (VCS), also a regulation under the authority 
of the BHCD, was amended and became effective in 
September 2014. It sets out periodic training and 
continuing education requirements for maintaining 
inspector certificates issu ed by the BHCD. Prior to the 
amendments to the VCS, the SFPC contained those 
requirements. Now that the VCS has the requirements, they 
are deleted in the SFPC and replaced with a reference the 
VCS.  
13VAC5 -51-81 K: Add language from § 27 -98 of the Code 
of V irginia, regarding local fees from the 2012 Acts of 
Assembly.  
13VAC5 -51-121 B: Amend the requirement for local 
government appeals boards to meet annually even if there 
are no appeals. The Virginia Uniform Statewide Building 
Code (13VAC5 -63) (USBC) was amen ded by a proposal 
from the State Building Code Technical Review Board to 
permit the local appeals boards to meet only when 
necessary to conduct business. This amendment provides 
consistent language with the USBC.  
13VAC5 -51-130: Add new definitions necessar y for 
substantive amendments to the technical requirements of the code addressing college research laboratories in 
13VAC5 -51-145. 
13VAC5 -51-131 C, G, and K: Delete provisions 
addressing sky lanterns and unoccupied tenant spaces in 
malls since comparable pr ovisions are in the 2015 edition 
of the IFC being incorporated into the code in 13VAC5 -51-
31 A.  
13VAC5 -51-132: When the current SFPC was developed 
in 2013 -2014, the 2015 edition of the IFC was already in 
process at the International Code Council (ICC) hear ings 
and while the language was not finalized until 2015, many 
proposals had already been approved in the ICC process. 
The fire services community submitted a proposal to use 
the new language, which it was believed would be 
contained in the 2015 IFC for th e SFPC at that time. Now 
that the 2015 IFC is being incorporated into the SFPC in 
this action, the language in the SFPC is no longer 
necessary since it is already in the 2015 edition of the IFC. 
Therefore the language is deleted from the SFPC. The 
subject matter of the language is emergency planning and 
preparedness, and the requirements address the use of 
emergency evacuation plans and the use of crowd 
managers for large events. There are no substantive 
changes to address since all requirements that are be ing 
deleted are contained in the 2015 IFC; however, since 
much existing language is being stricken, this summary is 
necessary as readers of the proposed regulations not 
familiar with the 2015 IFC would see much stricken text 
and not necessarily know that t he requirements are not 
actually changing.  
13VAC5 -51-133 through 13VAC5 -51-140: As explained in 
the summary of changes to 13VAC5 -51-132, the changes in 
these sections are not substantive, but are simply to delete 
amendments made in the last regulatory proc ess adopting 
text that proponents of the proposals were confident would 
be in the 2015 edition of the IFC being developed through 
the ICC process. That in fact did happen, and now the 
changes to the SFPC may be deleted since the language is 
already in the 2015 IFC, and the 2015 IFC is being 
incorporated into the SFPC in 13VAC5 -51-31 A.  
13VAC5 -51-144.8: This amendment changes the IFC 
language for permits to reference the appropriate permit 
section in the SFPC. The permit sections in all other 
chapters of the  IFC were addressed in the previous 
regulatory process for the SFPC, but this chapter (Chapter 
37 Combustible Fibers) was inadvertently omitted. This 
amendment corrects the omission and makes all the permit 
requirements in the IFC consistent.  
13VAC5 - 51-145 E: In the previous regulatory process for 
the SFPC, where the 2012 edition of the IFC was 
incorporated, a proposal was approved to change the table 
in the IFC addressing the quantities of consumer fireworks 
that could be stored in a building based on whe ther the 
building had a sprinkler system. The 2012 IFC permitted a Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1473 100% increase in the amounts stored if there was a 
sprinkler system present, and that allowance was permitted 
through the use of a footnote "d" in the table that was 
referenced in the consu mer fireworks entry in the table. A 
proposal approved during that regulatory process deleted 
the reference to the footnote for consumer fireworks, but 
left the reference to the footnote for permissible fireworks 
(a subset of consumer fireworks that do not lift from the 
ground when used). The 2015 edition of the IFC does not 
have the reference to footnote "d" in the table, therefore it 
is no longer necessary to show consumer fireworks entry in 
the table changed in the SFPC. The reference to the 
footnote rema ins for permissible fireworks.  
13VAC5 -51-145 F: Add comprehensive new requirements 
for the safe use of hazardous materials in college research 
laboratories. DHCD staffed a workgroup of affected 
parties to develop these requirements, which in 
conjunction wi th changes to the USBC, addressing the safe 
use of materials in the constantly changing field of 
educational research laboratories. The requirements are 
consistent with a proposal developed in the ICC process 
for the 2018 IFC.  
13VAC5 -51-145 G: Add a refere nce in the provisions of 
the SFPC addressing petroleum spills to the Virginia 
Petroleum Storage Tank Fund (§ 62.1 -44.34:11 et seq. of 
the Code of Virginia).  
13VAC5 -51-155: Add nationally recognized standards to 
the IFC that are used in the new provisions f or college 
research laboratories in 13VAC5 - 51-145 F.  
Part I  
General Regulations  
13VAC5 -51-11. Chapter 1 , Administration ,; Section 101.0.  
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 o f 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. Inspecti ons under the SFPC are a governmental 
responsibility.  
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 sa fety and fire prevention and protection 
materials, devices, systems and structures, and 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 s tatute, 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 affec t 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 provision s 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 -51-21. Section 102.0.  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 .0. The SFPC shall 
supersede any fire prevention regulations previously adopted 
by a local government or other political subdivision.  
B. 102.1.1 . Changes :. No change shall be made  in the use or 
occupancy of any structure that would place the structure in a 
different division of the same group of occupancies, unless 
such structure is made to comply with the requirements of 
this code and the USBC.  
C. 102.2 . Application to pre -1973 buildings and structures :. 
Buildings and structures constructed prior to the USBC 
(1973) shall comply with the maintenance requirements of the 
SFPC to the extent that equipment, systems, devices, and 
safeguards which were provided and approved when 
constructed shall be maintained. Such buildings and 
structures, if subject to the state fire and public building 
regulations (Virginia Public Building Safety Regulations, 
VR 394-01-05) in effect prior to March 31, 1986, shall also 
be main tained 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 equi pment, systems, devices, and 
safeguards which were provided and approved when 
constructed shall be maintained.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1474  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 structur es:. 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 struct ures 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 stand ards 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, enlargeme nt, 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 constru ction 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 protectio n 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 requ irements :. The fire 
official shall require that existing structures subject to the 
requirements of the applicable retrofitting provisions relating 
to the fire protection equipment and system requirements of 
the USBC, Part I, Construction, Section 103.7, co mply with 
the provisions located therein.  
13VAC5 -51-31. Section 103.0.  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 -- 2012  2015  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 determin e whether 
provisions in the IFC appendices may be considered for local 
fire prevention regulations.  
D. 103.2 . Amendments :. All requirements of the referenced 
codes and standards that relate to fees, non -operational 
permits not specifically required by Sect ion 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 stan dards 
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 Develop ment (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 ref erenced 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 -51-41. Section 104.0.  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 haz ardous materials and (ii) assign 
enforcement responsibility to the local agency or agencies 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 
the agency or agencies 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.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1475 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 require ments 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 Mar shal 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 suc h 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, his findings and 
recommendations, includi ng 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 the State Fire Marshal. Such 
agency, commission or institution s hall 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 po wer 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 -51-51. Section 105.0.  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 Vi rginia 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 ex cept 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 t he 
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 constr uction 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 an d 
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 accep ted 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 require ments.  
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 o fficial 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 c ore 
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 enf orcement of the 
SFPC.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1476  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 mechanica l 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 technic al 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 conti nuously 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 Cer tification 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. Continuing education: Fire officials and technical 
assistant s enforcing the SFPC shall attend periodic training 
courses as designated by the DHCD.  
L. 105.5.  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.  
13VA C5-51-61. Section 106.0.  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 Building Code Technical  Review Board (TRB)  
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 appro ve 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. Insp ection 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 iss ues 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 us ed 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 purpos e 
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 applicat ion 
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 o fficial 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 approv e 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 o rders issued. Such records shall be retained in Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1477 the official records or disposed of in accordance with General 
Schedule Number Ten available from The Library of 
Virginia.  
13VAC5 -51-81. Section 107.0.  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 which produce 
conditions hazardous to life or property; or (iii) es tablishing 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, sto rage, 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, 
but are not limited to, 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 an d 
handling of combustible fibers in quantities greater than 100 cubic feet (2.8 
m3). 
Exception: An operational permit is not required for agricultural storage.        
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 below.  
Exception: Vehicles equipped for and using compressed gas as a fuel for 
propelling the vehicle.        Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1478  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 on site, use, handle or dispense cryogenic fluids in excess of the 
amounts listed below.  
Exception: Operational permits are not required for vehicles equippe d 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.        
Exhibits and trade shows. An operational permit is required to operate 
exhibits and trade shows.        Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1479 Explosives, fireworks, and pyrotechnics. An operational permit is required 
for the manufacture, 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, exception numbers four and 12.        
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 not apply to the 
offsite transportation in pipelines regulated by the Department of 
Transportation (DOTn) nor does it apply 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, excep t 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 on -site pumps normally used for dispens ing 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 
above -ground or above -ground 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.        Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1480  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 
on site, dispense, use or handle hazardous materials in excess of the 
amounts listed below.        
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        Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1481 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        Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1482  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. Twenty gallons when Table 5003.1.1(1) Note k applies and hazard 
identification signs in accordance with Section 5003.5 are provided for 
quantities of 20 gallons or less.  
b. Two hundred pounds when Table 5003.1.1(1) Note k 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, but not limited to:  
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 o pen-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 hot work 
operations under their supervision.        
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).       Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1483 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 quan tity 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.        
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. Instruction s 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, 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.        
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 hydran ts.       
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.        Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1484  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.        
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 byprodu cts.       
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 less 
persons.        
Tire-rebuilding plants. An operational permit is re quired 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 assure that the use and activities for which 
application is made comply with the provisions of this code.  
F. 107.5 . Conditions of per mit:. 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 
respec ts 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 rea dily 
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 aba ndoned for a period of six months 
after the time of commencement.  
K. 107.10 . Local fees :. In accordance with § 27-97 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 designat ed 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 o f 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 esta blished by Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1485 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 f or 
the locality.  
L. 107.11 . State Fire Marshal's office permit fees for 
explosives, blasting agents, theatrical flame effects, and 
fireworks :. Except as modified herein, applications for 
firework or pyrotechnic displays shall be submitted to and 
received b y the State Fire Marshal's office not less than 15 
days prior to the planned event. State Fire Marshal's Office 
permit fees shall be as follows:  
1. $150 per year per magazine to store explosives and 
blasting agents.  
2. $250 per year per city or county to u se explosives and 
blasting agents.  
3. $200 per year to sell explosives and blasting agents.  
4. $250 per year to manufacture explosives, blasting agents 
and fireworks.  
5. $350 the first day of fireworks, pyrotechnics or 
proximate audience displays conducted  in any state -owned 
building and $150 per day for each consecutive day for 
identical multi -day events. If an application is received by 
the State Fire Marshal's office less than 15 days prior to the 
planned event, the permit fee shall be $550 the first day  
and $150 per day for each consecutive day for identical 
multi -day events. If an application is received by the State 
Fire Marshal's office less than seven days prior to the 
planned event, the permit fee shall be $650 the first day 
and $150 per day for eac h consecutive day for identical 
multi -day events.  
6. $250 the first day of fireworks, pyrotechnics or 
proximate audience displays conducted out -of-doors on 
any state -owned property and $150 per day for each 
consecutive day for identical multi -day events. I f an 
application is received by the State Fire Marshal's office 
less than 15 days prior to the planned event, the permit fee 
shall be $550 the first day and $150 per day for each 
consecutive day for identical multi -day events. If an 
application is received  by the State Fire Marshal's office 
less than seven days prior to the planned event, the permit 
fee shall be $650 the first day and $150 per day for each 
consecutive day for identical multi -day events.  
7. $100 per nonrenewable permit, valid for one week fr om 
the date of issuance, for the use of explosives in special 
operations or emergency conditions.  
8. $300 the first day for flame effects conducted in 
accordance with Section 308.3.2 indoors of any state -
owned building or outdoors on state -owned property a nd 
$200 per day for each consecutive day for identical multi -
day events, or, if conducted as part of a firework 
(pyrotechnic) display, $150 the first day and $125 per day 
for each consecutive day for identical multi -day events. If an application for flame effects is received by the State 
Fire Marshal's office less than 15 days prior to the planned 
event, the permit fee shall be $550 the first day and $200 
per day for each consecutive day for identical multi -day 
events or , if conducted as part of a firework (pyrotechnic) 
display, $200 the first day and $100 per day for each 
consecutive day for identical multi -day events. If an 
application is received by the State Fire Marshal's office 
less than seven days prior to the planned event, the permit 
fee shall be $6 50 the first day and $150 per day for each 
consecutive day for identical multi -day events or, if 
conducted as part of a firework (pyrotechnic) display, $300 
the first day and $125 per day for each consecutive day for 
identical multi -day events.  
Exception: Permits shall not be required for the storage of 
explosives or blasting agents by the Virginia Department of 
State Police provided notification to the State Fire Marshal is 
made annually by the Chief Arson Investigator listing all 
storage locations within areas where enforcement is provided 
by the State Fire Marshal's office.  
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 occ upant 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 co ntaining 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 t o 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.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1486  3.4. $150 for greater than 25,000 square feet for 
assembly areas within or attached to a dormitory building 
or in a separate or sep arate buildings 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. Facilities licensed by the Virginia Department of Social 
Services based on licensed capacity as follows:  
5.1. $50 for 1 to 8.  
5.2. $75 for 9 to 20.  
5.3. $100 for 21 to 50.  
5.4. $200 for 51 to 100.  
5.5. $300 for 101 to 150.  
5.6. $400 for 151 to 200.  
5.7. $500 for 201 or more.  
Exception: Annual compliance inspection fees for any 
building or groups 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 3 feet in diameter and m ore than 2 feet in height, but 
not more than 9 feet in diameter and not more than 6 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, t he 
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 9 feet in diameter and more than 6 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 incorpora te 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, permit or certificat ion 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 -51-85. Section 108.0.  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) conduc ting processes which 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 ke pt 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 t he 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 Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1487 location, the fire official is authoriz ed 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 pres cribed 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 req uirements 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 det ermine 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 reas onable 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 
requirem ents 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 ther eto, 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 w ill 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 shal l 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 ap proved 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 
electroni c 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 th at 
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, but not limited to, 
any one of the following:  
1. The permit is used for a location or es tablishment 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.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1488  3. Conditions and limitations set forth in the permit have 
been violated.  
4. Inclusion of any false statements o r 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 -51-91. Section 109.0.  109 Inspection.  
A. 109.1 . Inspection :. The fire official may inspect all 
structures and premises for the purposes of ascertaining and 
causing to be corrected any conditions liable to cause fire, 
contribute to the spread of fire, interfere with firefighting 
operations, endanger life, or any violations of the provisions 
or intent of the SFPC.  
Exception: Single family dwellings and dwelling units in 
two family and multiple family dwellings and farm structures 
shall be  exempt from routine inspections. This exemption 
shall not preclude the fire official from conducting routine 
inspections in Group R -3 or Group R -5 occupancies operating 
as a commercial bed and breakfast as outlined in Section 
310.3 of the USBC or inspecti ng 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 iss uing 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 perf ormance 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 ins pections 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 coordina te 
such inspections with the fire official.  
E. 109.3 . Other inspections :. In accordance with § 9.1 -207 
of the Code of Virginia, the State Fire Marshal, upon 
presenting proper credentials, shall make annual inspections for hazards incident to fire in all (i ) residential care facilities 
operated by any state agency, (ii) assisted living facilities 
licensed or subject to licensure pursuant to Chapter 18 (§ 
63.2-1800 et seq.) of Title 63.2 of the Code of Virginia which 
are not inspected by a local fire marshal,  (iii) student -
residence facilities owned or operated by the public 
institutions of higher education in the Commonwealth, and 
(iv) public schools in the Commonwealth which are not 
inspected by a local fire marshal. In the event that any such 
facility or re sidence is found to be nonconforming to the 
SFPC, the State Fire Marshal or local fire marshal may 
petition any court of competent jurisdiction for the issuance 
of an injunction.  
13VAC5 -51-101. Section 110.0.  110 Unsafe conditions.  
A. 110.1 . General :. The fire official shall order the following 
dangerous or hazardous conditions or materials to be removed 
or remedied in accordance with the SFPC:  
1. Dangerous conditions which are liable to cause or 
contribute to the spread of fire in or on said premises, 
building or structure, or to endanger the occupants thereof.  
2. Conditions which would interfere with the efficiency 
and use of any fire protection equipment.  
3. Obstructions to or on fire escapes, stairs, passageways, 
doors or windows, which 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. Hazardo us 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 other wise hazardous 
materials.  
9. Dangerous or unlawful amounts of combustible, 
explosive or otherwise hazardous materials.  
10. All equipment, materials, processes or operations 
which are in violation of the provisions and intent of this 
code.  
B. 110.2 . Main tenance :. 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 Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1489 a safe and proper opera ting 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 said hazardous conditions.  
D. 110.4 . Unsafe structures :. All structures that are or shall 
hereafter become unsafe or deficient in adequate exit facilities 
or which constitute a fi re hazard, or are otherwise dangerous 
to human life or the public welfare, or by reason of illegal or 
improper use, occupancy or maintenance or which 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 shall be reported 
to the building official or building maintenance of ficial 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, or 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 
offic ial to be performed to remove an alleged violation or 
unsafe condition.  
13VAC5 -51-111. Section 111.0.  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 t he 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 o r 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 a gent 
or upon 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 or by 
deliverin g it to and leaving it in the possession of any person 
in charge of the premises, or, 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. 
Such procedure shall b e deemed the equivalent of personal 
notice.  
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 ac cordance 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 -51-121. Section 112.0.  112 Appeals.  
A. 112.1 . Local Board of Fire Prevention Code Appeals 
(BFPCA):  (LBFPCA).  Each local governing body which 
enforces the SFPC shall have a BFPCA  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 
unles s appealed to the State Building Code Technical  Review 
Board (TRB) .  
B. 112.2 . Membership :. The BFPCA  LBFPCA  shall consist 
of at least five members appointed by the local governing 
body and having terms of office established by written policy. 
Alternate me mbers 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 Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1490  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 BFPCA  
LBFPCA  shall meet at least once annually  as necessary  to 
assure 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 BFPCA  LBFP CA 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 BFPCA  LBFPCA  to maintain a 
detailed record of all proceedings.  
E. 112.3 . Qualifications of members : BFPCA  LBFPCA.  
members shall be selected by the local governing body on the 
basis of their ability to render fair and competent decisions 
regarding a pplication 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 professio nal engineer or architect. 
Employees or officials of the local governing body shall not 
serve as members of the BFPCA  LBFPCA .  
F. 112.4 . Disqualification of member :. A member shall not 
hear an appeal in which that member has conflict of interest 
in accorda nce 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 des ign, 
construction or maintenance of the structure 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 local board of fire prevention code appeals 
(BFPCA)  LBFPCA  and then to the TRB  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 TRB  State Review Board . The appeal 
shall be submitted to the BFPCA  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 BFPCA  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 TRB  State 
Review Board  shall hear appeals of any local fire code 
violation.  
H. 112.6 . Notice of meeting :. The BFPCA  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 hea ring 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 befor e the 
BFPCA  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 powe r 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 BFPCA  
LBFPCA  is not present to hear an appeal, either the appellant 
or the appellant's repres entative shall have the right to request 
a postponement of the hearing. The BFPCA  LBFPCA  shall 
reschedule the appeal within 30 calendar days of the 
postponement.  
K. 112.8 . Decision :. The BFPCA  LBFPCA  shall have the 
power to uphold, reverse or modify the d ecision of the fire 
official by a concurring vote of a majority of those present. 
Decisions of the BFPCA  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 BFPCA 's LBFPCA's  decision 
shall be by resolution signed by the chairman and retained as 
part of the record by the BFPCA  LBFPCA . The following 
wording shall be part of the resolution: "Any person who was 
a party to the appeal may appeal to the State Building Cod e 
Technical Review Board (TRB)  (State Review Board)  by 
submitting an application to the TRB  State Review Board  
within 21 calendar days upon receipt by certified mail of this 
resolution. Application forms are available from the Office of 
the TRB  State Revie w Board , 600 East Main Street, 
Richmond, Virginia 23219, (804) 371 -7150." Copies of the 
resolution shall be furnished to all parties.  
M. 112.9 . Appeal to the TRB:  State Review Board.  After 
final determination by the BFPCA  LBFPCA , any person who 
was a part y to the local appeal may appeal to the TRB  State 
Review Board . Application shall be made to the TRB  State 
Review Board  within 21 calendar days of receipt of the 
decision to be appealed. Application for appeal to the TRB  
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 TRB  State 
Review Board  within 14 calendar days of receipt of the 
decision to be appealed and shall be accompanie d by copies 
of the inspection reports and other relevant information. Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1491 Failure to submit an application for appeal within the time 
limit established by this section shall constitute an acceptance 
of the BFPCA's  LBFPCA's  resolution or fire official's 
decisio n.  
N. 112.9.1 . Information to be submitted :. Copies of the fire 
official's decision and the resolution of the BFPCA  LBFPCA  
shall be submitted with the application for appeal. Upon 
request by the office of the TRB  State Review Board , the 
BFPCA  LBFPCA  shall submit a copy of all inspection 
reports and all pertinent information from the record of the 
BFPCA  LBFPCA .  
O. 112.9.2 . Decision of TRB:  State Review Board.  
Procedures of the TRB  State Review Board  are in accordance 
with Article 2 (§ 36 -108 et seq.)  of Chapter 6 of Title 36 of 
the Code of Virginia. Decisions of the TRB  State Review 
Board  shall be final if no appeal is made therefrom and the 
appellant and the code official shall act accordingly.  
13VAC5 -51-130. IFC Section 202.0.  202 Definitions.  
A. A dd the following definitions to read : 
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 blast er can fulfill the 
role of a designated individual on an application for permit 
to manufacture, use, handle, store, or sell explosive 
materials.  
Chemical fume hood. A ventilated enclosure designed to 
contain and exhaust fumes, gases, vapors, mists, and 
particulate matter generated within the hood.  
Design :. For the purposes of a fireworks display, either 
inside a building or structure or outdoors, it shall mean the 
pyrotechnician who will be in attendance and makes the 
final artistic determination for the p lacement 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 wh om 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 sa fety messages 
verbally and in writing in the English language.  
DHCD :. The Virginia Department of Housing and 
Community Development.  
Laboratory suite. A fire -rated enclosed laboratory area that 
will provide one or more laboratory spaces, within a Group 
B educational occupancy, that are permitted to include 
ancillary uses such as offices, bathrooms, and corridors 
that are contiguous with the laboratory area and are 
constructed in accordance with Section 430.3 of the USBC, 
Part I, Construction.  
LBFPCA. Local Board of Fire Prevention Code Appeals.  
Local government, local governing body or locality :. The 
governing body of any county, city, or town, other political 
subdivision and state agency in this Commonwealth 
charged with the enforcement of the SFPC under st ate law.  
Night club :. Any building or portion thereof in which the 
main use is a place of public assembly that provides 
exhibition, performance or other forms or entertainment; 
serves alcoholic beverages; and provides music and space 
for dancing.  
Permissib le fireworks :. Any sparklers, fountains, Pharaoh's 
serpents, caps for pistols, or pinwheels commonly known 
as whirligigs or spinning jennies.  
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 t he use of 
pyrotechnics before a proximate audience.  
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.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1492  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.  
Sky lantern: An unmanned device with a fuel source that 
incorporates an open flame in order to make the device 
airborne.  
Sole proprietor :. A person or individual, not a corporation, 
who is trading under his own name or under an assumed or 
fictitious name pursuant to the provisions of §§  59.1-69 
through 59.1 -76 of the Code of Virginia.  
Special expert. An individual who has demonstrated 
qualif ications in a specific area, outside the practice of 
architecture or engineering, through education, training, 
and experience.  
State Fire Marshal :. The State Fire Marshal as provided for 
by § 9.1 -206 of the Code of Virginia.  
State Regulated Care Facility ( SRCF) :. A building with an 
occupancy in Group R -2, R -3, R-4, or R -5 occupied by 
persons in the care of others where program oversight is 
provided by the Virginia Department of Social Services, 
the Virginia Department of Behavioral Health and 
Developmental Services, the Virginia Department of 
Education or the Virginia Department of Juvenile Justice.  
State Review Board. The Virginia State Building Code 
Technical Review Board as established under § 36 -108 of 
the Code of Virginia.  
Teaching and research laborato ry. 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.  
TRB: The Virg inia State Building Code Technical Review 
Board.  
USBC :. The Virginia Uniform Statewide Building Code 
(13VAC5 -63). 
B. Add the following definition under the term "Occupancy 
Classification --Residential Group R" to read : 
Residential Group R -5. Detached one an d two -family 
dwellings and multiple single -family dwellings 
(townhouses) not more than three stories high with 
separate means of egress and their accessory structures. The terms "R -5" and "one and two -family dwelling" where 
used in this code shall be inter changeable.  
C. Change the following definitions to read:  
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.  
Fire code official :. The officer or other designated 
authority charged with administration and enforcement of 
this code, or a duly authorized representative. For th e 
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 firecrac ker, 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 suc h 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 p yrotechnic 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 Pr oduct Safety Commission as set forth 
in CPSC 16 CFR Parts 1500 and 1507, are not explosive 
materials for the purpose of this code.  
Fireworks, 1.3G (formerly Class B, Special Fireworks) :. 
Large fireworks devices, which are explosive materials, 
intended for  the use in fireworks displays and designed to 
produce audible or visible effects by combustion, 
deflagration, or detonation. Such 1.3G fireworks include, 
but are not limited to, firecrackers containing more than 
130 milligrams (2 grains) of explosive comp osition, 
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.  
Smokeless propel lants :. 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 Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1493 Arms, used in small arms ammunition, firearms, cannons, 
rockets, prope llant-actuated devices, and similar articles.  
13VAC5 -51-131. IFC Chapter 3 . General Requirements.  
A. 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 30 6, 307, 308, and 315.  
B. 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 
USBC without the approval of the building official.  
C. Add the following to the list of definitions in Section 
302.1:  
Sky lan tern.  
D. C. Change Section 304.3.2 to read:  
304.3.2 . Capacity exceeding 5.88 cubic feet. Containers 
with a capacity exceeding 5.88 cubic feet (44 gallons) 
(0.17 m³) shall be provided with lids. Containers and lids 
shall be constructed of noncombustible materials or 
approved combustible materials.  
E. D. 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.  
F. E. Change Section 307.2 to read:  
307.2 . Permit r equired. 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. Appli cation 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.  
G. Add Section 308.1.6.3 to read:  
308.1.6.3. Sky lanterns. No person shall release or cause to 
be released an untethered  sky lantern.  
H. F. Change Section 308.2 to read:  
308.2 . Permits required. Permits shall be obtained from the 
fire code official in accordance with Section 107.2 prior to 
engaging in the following activities involving open flame, 
fire, and burning:  
1. U se of a torch or flame -producing device to remove 
paint from a structure.  
2. Use of open flame, fire, or burning in connection with 
Group A or E occupancies.  3. Use or operation of torches and other devices, 
machines, or processes liable to start or caus e fire in or 
upon wildfire risk areas.  
I. G. Change Section 311.1 to read:  
311.1 . General. Temporarily unoccupied buildings, 
structures, premises, or portions thereof, including tenant 
spaces, shall be safeguarded and maintained in accordance 
with Sections 311.1.1 through 311.5.6  311.6 .  
J. H. 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.  
K. Add Section 311.6 to read:  
311.6. Unoccupied tenant spaces in mall buildings. 
Unoccupied tenant spaces in cov ered and open mall 
buildings shall be:  
1. Kept free from the storage of any materials.  
2. Separated from the remainder of the building by 
partitions of at least 0.5 -inch-thick (12.7 mm) gypsum 
board or an approved equivalent to the underside of the 
ceiling of the adjoining tenant spaces.  
3. Without doors or other access openings other than one 
door that shall be kept key locked in the closed position 
except during that time when opened for inspection.  
4. Kept free from combustible waste and be broom swe pt 
clean.  
L. I. 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.  
M. J. 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 rem ain 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.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1494  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.  
N. K. 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.  
O. L. Change Section 315.4 to read:  
315.4 . Outside storage. Outside storage of combu stible 
materials shall not be located within 10 feet (3048 mm) of 
a property line or other building on the site.  
Exceptions:  
1. The separation distance is allowed to be reduced to 3 
feet (914 mm) for storage not exceeding 6 feet (1829 
mm) in height.  
2. The separation distance is allowed to be reduced when 
the fire official determines that no hazard to the adjoining 
property exists.  
P. M. 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.  
13VAC5 -51-132. IFC Chapter 4 . Emergency Planning and 
Preparedness.  
A. Add Section 401.1.1 to read:  
401.1.1 . State Regulated Care Facilities. W hen 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 w ith this section and the 
provisions of Section 404.0  404. 
B. Change  Add Section 403 403.1.1  to read:  
Section 403.  
Emergency Preparedness Requirements.  
403.1. General. In addition to the requirements of Section 
401, occupancies, uses and outdoor locations s hall comply 
with the emergency preparedness requirements set forth in 
Sections 403.2 through 403.11. Where a fire safety and 
evacuation plan is required by Sections 403.2 through 
403.11, evacuation drills shall be in accordance with 
Section 405 and employe e training shall be in accordance 
with Section 406.  403.1.1 . Maintaining occupant load posting. Occupant load 
postings required by the building code are required to be 
maintained.  
403.2. Group A occupancies. An approved fire safety and 
evacuation plan in a ccordance with Section 404 shall be 
prepared and maintained for Group A occupancies, other 
than those occupancies used exclusively for purposes of 
religious worship with an occupant load less than 2,000, 
and for buildings containing both a Group A occupanc y 
and an atrium. Group A occupancies shall also comply 
with Sections 403.2.1 through 403.2.4.  
403.2.1. Seating plan. In addition to the requirements of 
Section 404.2, the fire safety and evacuation plans for 
assembly occupancies shall include a detailed se ating plan, 
occupant load and occupant load limit. Deviations from the 
approved plans shall be allowed provided the occupant 
load limit for the occupancy is not exceeded and the aisles 
and exit accessways remain unobstructed.  
403.2.2. Announcements. In the aters, motion picture 
theaters, auditoriums and similar assembly occupancies in 
Group A used for noncontinuous programs, an audible 
announcement shall be made not more than 10 minutes 
prior to the start of each program to notify the occupants of 
the locati on of the exits to be used in the event of a fire or 
other emergency.  
Exception: In motion picture theaters, the announcement is 
allowed to be projected upon the screen in a manner 
approved by the fire code official.  
C. Add Sections 403.2.2.1, 403.2.2.1.1,  and 403.2.2.1.2 to 
read:  
403.2.2.1 . Night clubs. Night clubs shall comply with 
Sections 403.2.2.1.1 and 403.2.2.1.2.  
403.2.2.1.1 . Audible announcements. Audible 
announcements shall be made to the occupants no longer 
than 10 minutes prior to the start of the entertainment and 
at each intermission to notify the occupants of the location 
of the exits to be used in the event of a fire or other 
emergency.  
403.2.2.1.2 . Occupant load count. Upon request of the fire 
code official, the owner or operator, or both, will be 
required to keep a running count of the occupant load to 
provide to the fire code official during performance hours 
of operation, entertainment hours of o peration, or both.  
403.2.3. Fire watch personnel. Fire watch personnel shall 
be provided where required by Section 403.11.1.  
403.2.4. Crowd managers. Crowd managers shall be 
provided where required by Section 403.11.3.  
403.3. Group B occupancies. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for buildings containing a Group 
B occupancy where the Group B occupancy has an 
occupant load of 500 or more persons or more than 100 
persons above or below the lowest level of exit discharge.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1495 403.4. Group E occupancies. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for Group E occupancies and for 
buildings containing both a Group E occupancy and an 
atrium. Group E occupancies shall also comply with 
Section 403.4.1.  
403.4.1. Group E occupancies. Group E occupancies shall 
comply with 403.4.1.1 through 403.4.1.3.  
403.4.1.1. First emergency evacuation drill. The first 
emergency evacuation drill of  each school year shall be 
conducted within 10 days of the beginning of classes.  
403.4.1.2. Time of day. Emergency evacuation drills shall 
be conducted at different hours of the day or evening, 
during the changing of classes, when the school is at 
assembly , during the recess or gymnastic periods, or during 
other times to avoid distinction between drills and actual 
fires.  
403.4.1.3. Assembly points. Outdoor assembly areas shall 
be designated and shall be located a safe distance from the 
building being evacua ted so as to avoid interference with 
fire department operations. The assembly areas shall be 
arranged to keep each class separate to provide 
accountability of all individuals.  
403.5. Group F occupancies. An approved fire safety and 
evacuation plan in accor dance with Section 404 shall be 
prepared and maintained for buildings containing a Group 
F occupancy where the Group F occupancy has an 
occupant load of 500 or more persons or more than 100 
persons above or below the lowest level of exit discharge.  
403.6. Group H occupancies. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for Group H occupancies. Group 
H-5 occupancies shall also comply with Section 403.6.1.  
403.6.1. Group H -5 occupancies. Group H -5 occupancies 
shall comply with Sections 403.6.1.1 through 403.6.1.4.  
403.6.1.1. Plans and diagrams. In addition to the 
requirements of Section 404 and Section 407.6, plans and 
diagrams shall be maintained in approved locations 
indicating the approximate p lan for each area; the amount 
and type of HPM stored, handled and used; locations of 
shutoff valves for HPM supply piping; emergency 
telephone locations; and locations of exits.  
403.6.1.2. Plan updating. The plans and diagrams required 
by Section 404, 403. 6.1.1 and 407.6 shall be maintained up 
to date and the fire code official and fire department shall 
be informed of major changes.  
403.6.1.3. Emergency response team. Responsible persons 
shall be designated as an on -site emergency response team 
and trained to be liaison personnel for the fire department. 
These persons shall aid the fire department in preplanning 
emergency responses; identifying locations where HPM is 
stored, handled and used; and be familiar with the chemical nature of such material. An adeq uate number of personnel 
for each work shift shall be designated.  
403.6.1.4. Emergency drills. Emergency drills of the on -
site emergency response team shall be conducted on a 
regular basis but not less than once every three months. 
Records of drills conduc ted shall be maintained.  
403.7. Group I occupancies. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for Group I occupancies. Group I 
occupancies shall also comply with Sections 403.7.1 
through 40 3.7.3.  
403.7.1. Group I -1 occupancies. Group I -1 occupancies 
shall comply with Sections 403.7.1.1 through 403.7.1.6.  
403.7.1.1. Fire safety and evacuation plan. The fire safety 
and evacuation plan required by Section 404 shall include 
special employee acti ons, including fire protection 
procedures necessary for residents, and shall be amended 
or revised upon admission of any resident with unusual 
needs.  
403.7.1.2. Employee training. Employees shall be 
periodically instructed and kept informed of their duties  
and responsibilities under the plan. Such instruction shall 
be reviewed by employees at intervals not exceeding two 
months. A copy of the plan shall be readily available at all 
times within the facility.  
403.7.1.3. Resident training. Residents capable of assisting 
in their own evacuation shall be trained in the proper 
actions to take in the event of a fire. The training shall 
include actions to take if the primary escape route is 
blocked. Where the resident is given rehabilitation or 
habilitation training,  training in fire prevention and actions 
to take in the event of a fire shall be a part of the 
rehabilitation training program. Residents shall be trained 
to assist each other in case of fire to the extent their 
physical and mental abilities permit them to  do so without 
additional personal risk.  
403.7.1.4. Drill frequency. Emergency evacuation drills 
shall be conducted at least six times per year, two times per 
year on each shift. Twelve drills shall be conducted in the 
first year of operation.  
403.7.1.5. D rill times. Drills times are not required to 
comply with Section 405.4.  
403.7.1.6. Resident participation in drills. Emergency 
evacuation drills shall involve the actual evacuation of 
residents to a selected assembly point.  
403.7.2. Group I -2 occupancies. Group I -2 occupancies 
shall comply with Sections 403.7.2.1 through 403.7.2.3.  
403.7.2.1. Drill times. Drill times are not required to 
comply with Section 405.4.  
403.7.2.2. Evacuation not required. During emergency 
evacuation drills, the movement of patient s to safe areas or 
to the exterior of the building is not required.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1496  403.7.2.3. Coded alarm signal. When emergency 
evacuation drills are conducted after visiting hours or when 
patients or residents are expected to be asleep, a coded 
announcement is allowed instead of audible alarms.  
403.7.3. Group I -3 occupancies. Group I -3 occupancies 
shall comply with Sections 403.7.3.1 through 403.7.3.4.  
403.7.3.1. Employee training. Employees shall be 
instructed in the proper use of portable fire extinguishers 
and other manual fire suppression equipment. Training of 
new employees shall be provided promptly upon entrance 
on duty. Refresher training shall be provided at least 
annually.  
403.7.3.2. Employee staffing. Group I -3 occupancies shall 
be provided with 24 -hour staffi ng. An employee shall be 
within three floors or 300 feet (91 440 mm) horizontal 
distance of the access door of each resident housing area. 
In Conditions 3, 4 and 5, as defined in "Occupancy 
Classification – Institutional Group I -3" in Chapter 2, the 
arrang ement shall be such that the employee involved can 
start release of locks necessary for emergency evacuation 
or rescue and initiate other necessary emergency actions 
within 2 minutes of an alarm.  
Exception: An employee shall not be required to be within 
three floors or 300 feet (9144 mm) in areas in which all 
locks are unlocked remotely and automatically in 
accordance with Section 408.4 of the International 
Building Code.  
403.7.3.3. Notification. Provisions shall be made for 
residents in Conditions 3, 4 and  5, as defined in 
"Occupancy Classification – Institutional Group I -3" in 
Chapter 2, to readily notify an employee of an emergency.  
403.7.3.4. Keys. Keys necessary for unlocking doors 
installed in a means of egress shall be individually 
identifiable by bot h touch and sight.  
403.8. Group M occupancies. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for buildings containing a Group 
M occupancy, where the Group M occupancy has an 
occupant load of 500  or more persons or more than 100 
persons above or below the lowest level of exit discharge, 
and for buildings containing both a Group M occupancy 
and an atrium.  
D. Change Section 403.10 to read:  
403.9.  403.10  Group R occupancies. Group R occupancies 
shall comply with the provisions of this section applicable 
to the type of Group R occupancy  Sections 403.10.1 
through 403.10.4 . 
403.9.1. Group R -1 occupancies. An approved fire safety 
and evacuation plan in accordance with Section 404 shall 
be prepared and ma intained for Group R -1 occupancies. 
Group R -1 occupancies shall also comply with Sections 
403.9.1.1 through 403.9.1.3.  403.9.1.1. Evacuation diagrams. A diagram depicting two 
evacuation routes shall be posted on or immediately 
adjacent to every required eg ress door from each hotel or 
motel sleeping unit.  
403.9.1.2. Emergency duties. Upon discovery of a fire or 
suspected fire, hotel and motel employees shall perform 
the following duties:  
1. Activate the fire alarm system, where provided.  
2. Notify the public  fire department.  
3. Take other action as previously instructed.  
403.9.1.3. Fire safety and evacuation instructions. 
Information shall be provided in the fire safety and 
evacuation plan required by Section 404 to allow guests to 
decide whether to evacuate to the outside, evacuate to an 
area of refuge, remain in place, or any combination of the 
three.  
403.9.2. Group R -2 occupancies. Group R -2 occupancies 
shall comply with Sections 403.9.2.1 through 403.9.2.3.  
403.9.2.1. College and university buildings. An a pproved 
fire safety and evacuation plan in accordance with Section 
404 shall be prepared and maintained for Group R -2 
college and university buildings. Group R -2 college and 
university buildings shall also comply with Sections 
403.9.2.1.1 and 403.9.2.1.2.  
403.9.2.1.1. First emergency evacuation drill. The first 
emergency evacuation drill of each school year shall be 
conducted within 10 days of the beginning of classes.  
403.9.2.1.2. Time of day. Emergency evacuation drills 
shall be conducted at different hou rs of the day or evening, 
during the changing of classes, when the school is at 
assembly, during the recess or gymnastic periods, or during 
other times to avoid distinction between drills and actual 
fires. One required drill shall be held during hours afte r 
sunset or before sunrise.  
403.9.2.2. Emergency guide. Fire emergency guides shall 
be provided for Group R -2 occupancies. Guide contents, 
maintenance and distribution shall comply with Sections 
403.9.2.2.1 through 403.9.2.2.3.  
403.9.2.2.1. Guide contents.  Fire emergency guides shall 
describe the location, function and use of fire protection 
equipment and appliances accessible to residents, including 
fire alarm systems, smoke alarms, and portable fire 
extinguishers. Guides shall also include an emergency 
evacuation plan for each dwelling unit.  
403.9.2.2.2. Emergency guide maintenance. Emergency 
guides shall be reviewed and approved by the fire code 
official.  
403.9.2.2.3. Emergency guide distribution. A copy of the 
emergency guide shall be given to each tenan t prior to 
initial occupancy.  
403.9.2.3. Evacuation diagrams for dormitories. A diagram 
depicting two evacuation routes shall be posted on or Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1497 immediately adjacent to every required egress door from 
each dormitory sleeping unit. Evacuation diagrams shall b e 
reviewed and updated as needed to maintain accuracy.  
403.9.3. Group R -4 occupancies. An approved fire safety 
and evacuation plan in accordance with Section 404 shall 
be prepared and maintained for Group R -4 occupancies. 
Group R -4 occupancies shall also comply with Sections 
403.9.3.1 through 403.9.3.6.  
403.9.3.1. Fire safety and evacuation plan. The fire safety 
and evacuation plan required by Section 404 shall include 
special employee actions, including fire protection 
procedures necessary for residents, and shall be amended 
or revised upon admission of a resident with unusual 
needs.  
403.9.3.2. Employee training. Employees shall be 
periodically instructed and kept informed of their duties 
and responsibilities under the plan. Such instruction shall 
be revie wed by employees at intervals not exceeding two 
months. A copy of the plan shall be readily available at all 
times within the facility.  
403.9.3.3. Resident training. Residents capable of assisting 
in their own evacuation shall be trained in the proper 
actions to take in the event of a fire. The training shall 
include actions to take if the primary escape route is 
blocked. Where the resident is given rehabilitation or 
habilitation training, training in fire prevention and actions 
to take in the event of a fi re shall be a part of the 
rehabilitation training program. Residents shall be trained 
to assist each other in case of fire to the extent their 
physical and mental abilities permit them to do so without 
additional personal risk.  
403.9.3.4. Drill frequency. Emergency evacuation drills 
shall be conducted at least six times per year, two times per 
year on each shift. Twelve drills shall be conducted in the 
first year of operation.  
403.9.3.5. Drill times. Drills are not required to comply 
with Section 405.4.  
403.9.3.6. Resident participation in drills. Emergency 
evacuation drills shall involve the actual evacuation of 
residents to a selected assembly point and shall provide 
residents with experience in exiting through all required 
exits. All required exits shall be used during emergency 
evacuation drills.  
Exception: Actual exiting from windows shall not be 
required. Opening the window and signaling for help shall 
be an acceptable alternative.  
E. Add Section 403.10.4 to read:  
403.9.4.  403.10.4  Group 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 
Group R -3 and R -5 bed and breakfast and other transient 
boarding facilities that are either proprietor or non -
proprietor occup ied. F. Change Section 403.11 to read:  
403.10.  403.11  Special uses. Special uses shall comply 
with the provisions of this section applicable to the type of 
special use  be in accordance with Sections 403.11.1 
through 403.11.5 . 
403.10.1. Covered and open ma ll buildings. Covered and 
open mall buildings shall comply with the requirements of 
Sections 403.10.1.1 through 403.10.1.6.  
403.10.1.1. Malls and mall buildings exceeding 50,000 
square feet. An approved fire safety and evacuation plan in 
accordance with Se ction 404 shall be prepared and 
maintained for covered malls exceeding 50,000 square feet 
(4645 m2) in aggregate floor area and for open mall 
buildings exceeding 50,000 square feet (4645 m2) in 
aggregate area within perimeter line.  
403.10.1.2. Lease plan. In addition to the requirements of 
Section 404.2.2, a lease plan that includes the following 
information shall be prepared for each covered and open 
mall building:  
1. Each occupancy, including identification of tenant.  
2. Exits from each tenant space.  
3. Fire protection features, including the following:  
3.1. Fire department connections.  
3.2. Fire command center.  
3.3. Smoke management system controls.  
3.4. Elevators, elevator machine rooms and controls.  
3.5. Hose valve outlets.  
3.6. Sprinkler and standpipe control valves.  
3.7. Automatic fire -extinguishing system areas.  
3.8. Automatic fire detector zones.  
3.9. Fire barriers.  
403.10.1.3. Lease plan approval. The lease plan shall be 
submitted to the fire code official for approval, and shall be 
maintained on si te for immediate reference by responding 
fire service personnel.  
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 and building official.  
403.10.1.5. Tenant identification. Tenant identification 
shall be provided for secondary exits from occupied tenant 
spaces that lead to an exit corridor or directly to the 
exterior of  the building. Tenant identification shall be 
posted on the exterior side of the exit or exit access door 
and shall identify the business name or address, or both, 
using plainly legible letters and numbers that contrast with 
their background.  
Exception: Te nant identification is not required for 
anchor stores.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1498  403.10.1.6. Unoccupied tenant spaces. The fire safety and 
evacuation plan shall provide for compliance with the 
requirements for unoccupied tenant spaces in Section 311.  
403.10.2. High -rise buildings. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for high -rise buildings.  
403.10.3. Underground buildings. An approved fire safety 
and evacuation plan in accordance with Section 404 shall 
be prepar ed and maintained for underground buildings.  
G. Add Section 403.11.5 to read:  
403.10.4.  403.11.5  SRCF. An approved fire safety and 
evacuation plan in accordance with Section 404 shall be 
prepared and maintained for SRCFs.  
403.11. Special requirements for public safety. Special 
requirements for public safety shall be as required in this 
section.  
403.11.1. Fire watch personnel. When, in the opinion of 
the fire code official, it is essential for public safety in a 
place of assembly or any other place where pe ople 
congregate, because of the number of persons or the nature 
of the performance, exhibition, display, contest or activity, 
the owner, agent or lessee shall provide one or more fire 
watch personnel, as required and approved. Fire watch 
personnel shall co mply with Sections 403.11.1.1 and 
403.11.1.2.  
403.11.1.1. Duty times. Fire watch personnel shall remain 
on duty during the times places requiring a fire watch are 
open to the public, or when an activity requiring a fire 
watch is being conducted.  
403.11.1.2 . Duties. On -duty fire watch personnel shall 
have the following duties:  
1. Keep diligent watch for fires, obstructions to means of 
egress and other hazards.  
2. Take prompt measures for remediation of hazards and 
extinguishment of fires that occur.  
3. Take prompt measures to assist in the evacuation of 
the public from the structures.  
403.11.2. Public safety plan for gatherings. In other than 
Group A or E occupancies, where the fire code official 
determines that an indoor or outdoor gathering of persons 
has a n adverse impact on public safety through diminished 
access to buildings, structures, fire hydrants and fire 
apparatus access roads or where such gatherings adversely 
affect public safety services of any kind, the fire code 
official shall have the authorit y to order the development 
of or prescribe a public safety plan that provides an 
approved level of public safety and addresses the following 
items:  
1. Emergency vehicle ingress and egress.  
2. Fire protection.  
3. Emergency egress or escape routes.  4. Emerge ncy medical services.  
5. Public assembly areas.  
6. The directing of both attendees and vehicles, including 
the parking of vehicles.  
7. Vendor and food concession distribution.  
8. The need for the presence of law enforcement.  
9. The need for fire and emerge ncy medical services 
personnel.  
403.11.3. Crowd managers for gatherings exceeding 1,000 
people. Where facilities or events involve a gathering of 
more than 1,000 people, crowd managers shall be provided 
in accordance with Section 403.11.3.1.  
403.11.3.1. Nu mber of crowd managers. The minimum 
number of crowd managers shall be established at a ratio of 
one crowd manager for every 250 persons.  
Exception: Where approved by the fire code official, the 
number of crowd managers shall be permitted to be 
reduced wher e the facility is equipped throughout with an 
approved automatic sprinkler system or based upon the 
nature of the event.  
403.11.3.2. Duties. The duties of crowd managers shall 
include, but not be limited to:  
1. Conduct an inspection of the area of responsi bility and 
identify and address any egress barriers.  
2. Conduct an inspection of the area of responsibility and 
identify and mitigate any fire hazards.  
3. Verify compliance with all permit conditions, 
including those governing pyrotechnics and other specia l 
effects.  
4. Direct and assist the event attendees in evacuation 
during an emergency.  
5. Assist emergency response personnel where requested.  
6. Other duties required by the fire code official.  
7. Other duties as specified in the fire safety plan.  
403.11.3.3. Training. Training for crowd managers shall be 
approved.  
C. Change Section 404 to read:  
Section 404.  
Fire Safety, Evacuation and Lockdown Plans.  
404.1. General. Where required by Section 403, fire safety, 
evacuation and lockdown plans shall com ply with Sections 
404.2 through 404.4.1.  
404.2. Contents. Fire safety and evacuation plan contents 
shall be in accordance with Sections 404.2.1 and 404.2.2.  
404.2.1. Fire evacuation plans. Fire evacuation plans shall 
include the following:  
1. Emergency egr ess or escape routes and whether 
evacuation of the building is to be complete or, where 
approved, by selected floors or areas only.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1499 2. Procedures for employees who must remain to operate 
critical equipment before evacuating.  
3. Procedures for assisted resc ue for persons unable to 
use the general means of egress unassisted.  
4. Procedures for accounting for employees and 
occupants after evacuation has been completed.  
5. Identification and assignment of personnel responsible 
for rescue or emergency medical aid . 
6. The preferred and any alternative means of notifying 
occupants of a fire or emergency.  
7. The preferred and any alternative means of reporting 
fires and other emergencies to the fire department or 
designated emergency response organization.  
8. Identif ication and assignment of personnel who can be 
contacted for further information or explanation of duties 
under the plan.  
9. A description of the emergency voice/alarm 
communication system alert tone and preprogrammed 
voice messages, where provided.  
404.2. 2. Fire safety plans. Fire safety plans shall include 
the following:  
1. The procedure for reporting a fire or other emergency.  
2. The life safety strategy and procedures for notifying, 
relocating or evacuating occupants, including occupants 
who need assist ance.  
3. Site plans indicating the following:  
3.1. The occupancy assembly point.  
3.2. The locations of fire hydrants.  
3.3. The normal routes of fire department vehicle access.  
4. Floor plans identifying the locations of the following:  
4.1. Exits.  
4.2. Primary evacuation routes.  
4.3. Secondary evacuation routes.  
4.4. Accessible egress routes.  
4.5. Areas of refuge.  
4.6. Exterior areas for assisted rescue.  
4.7. Manual fire alarm boxes.  
4.8. Portable fire extinguishers.  
4.9. Occupant -use hose stations.  
4.10. Fire alarm annunciators and controls.  
5. A list of major fire hazards associated with the normal 
use and occupancy of the premises, including 
maintenance and housekeeping procedures.  
6. Identification and assignment of personnel responsible 
for maintenan ce of systems and equipment installed to 
prevent or control fires.  7. Identification and assignment of personnel responsible 
for maintenance, housekeeping and controlling fuel 
hazard sources.  
404.2.3. Lockdown plans. Where facilities develop a 
lockdown pla n, the lockdown plan shall be in accordance 
with Sections 404.2.3.1 through 404.2.3.3.  
404.2.3.1. Lockdown plan contents. Lockdown plans shall 
be approved by the fire code official and shall include the 
following:  
1. Initiation. The plan shall include inst ructions for 
reporting an emergency that requires a lockdown.  
2. Accountability. The plan shall include accountability 
procedures for staff to report the presence or absence of 
occupants.  
3. Recall. The plan shall include a prearranged signal for 
returning  to normal activity.  
4. Communication and coordination. The plan shall 
include an approved means of two -way communication 
between a central location and each secured area.  
404.2.3.2. Training frequency. The training frequency shall 
be included in the lockd own plan. The lockdown drills 
shall not substitute for any of the fire and evacuation drills 
required in Section 405.2.  
404.2.3.3. Lockdown notification. The method of notifying 
building occupants of a lockdown shall be included in the 
plan. The method of notification shall be separate and 
distinct from the fire alarm signal.  
404.3. Maintenance. Fire safety and evacuation plans shall 
be reviewed or updated annually or as necessitated by 
changes in staff assignments, occupancy or the physical 
arrangement of the building.  
404.4. Availability. Fire safety and evacuation plans shall 
be available in the workplace for reference and review by 
employees, and copies shall be furnished to the fire code 
official for review upon request.  
H. Change Section 404.4.1 to rea d:  
404.4.1 . Distribution. The fire safety and evacuation plans 
shall be distributed to the tenants and building service 
employees by the owner or owner's agent. Tenants shall 
distribute to their employees applicable parts of the fire 
safety plan affecting  the employees' actions in the event of 
a fire or other emergency. Fire safety and evacuation plans 
shall be made available by the proprietor of Group R -3 and 
R-5 bed and breakfast and other transient boarding 
facilities to transient guests upon their arri val or are present 
in each transient guest room.  
D. I. Change Section 405.1 to read:  
405.1 . General. Emergency evacuation drills complying 
with Sections 405.2 through 405.9 shall be conducted at 
least annually where fire safety and evacuation plans are 
required by Section 403 or when required by the fire code Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1500  official. Drills shall be designed in cooperation with the 
local authorities.  
Exception: Emergency evacuation drills shall not be 
conducted in school buildings during periods of mandatory 
testing requ ired by the Virginia Board of Education.  
E. Delete the "High -rise buildings" row in Table 405.2; add  
J. Add  the following row to Table 405.2 ; and change 
footnotes "a," "b," and "d" of Table 405.2  to read:  
Group or 
Occupancy  Frequency  Participation  
SRCF  Monthly  All occupants  
a. In severe climates, the fire code official shall have the 
authority to modify the emergency evacuation drill 
frequency.  
b. Fire and evacuation drills in residential care assisted 
living facilities shall include complete evacuation of the 
premises in accordance with Section 403.9.3.6. Where 
occupants receive habilitation or rehabilitation training, 
fire prevention and fire saf ety practices shall be included 
as part of the training program.  
d. Applicable to Group R -2 college and university 
buildings in accordance with Section 403.9.2.1.  
F. K. Add Section 405.2.1 to read:  
405.2.1 . High -rise buildings. Fire exit drills shall be 
conducted annually by building staff personnel or the 
owner of the building in accordance with the fire safety 
plan and shall not affect other current occupants.  
G. Change Item 4 of Section 405.5 to read:  
4. Employees on duty and participating.  
H. Change  Section 406.1 to read:  
406.1. General. Where fire safety and evacuation plans are 
required by Section 403, employees shall be trained in fire 
emergency procedures based on plans prepared in 
accordance with Section 404.  
I. Change Section 406.3.3 to read:  
406.3.3. Fire safety training. Employees assigned 
firefighting duties shall be trained to know the locations 
and proper use of portable fire extinguishers or other 
manual firefighting equipment and the protective clothing 
or equipment required for its safe and proper use.  
J. Delete Section 406.3.4.  
K. Add Section 406.4 to read:  
406.4. Emergency lockdown training. Where a facility has 
a lockdown plan, employees shall be trained on their 
assigned duties and procedures in the event of an 
emergency lockdown.  
L. Delete Section 408 in its entirety.  13VAC5 -51-133. IFC Chapter 5 . Fire Service Features.  
A. Change Section 501.2 to read:  
501.2 . Permits. A permit shall be required as set forth in 
Section 107.2.  
B. Delete Section 501.4.  
C. Add exceptions to Section 503. 1 to read:  
Exceptions:  
1. Fire apparatus access roads shall be permitted to be 
provided and maintained in accordance with written 
policy that establish fire apparatus access road 
requirements and such requirements shall be identified to 
the owner or his agent prior to the building official's 
approval of the building permit.  
2. On construction and demolition sites fire apparatus 
access roads shall be permitted to be provided and 
maintained in accordance with Section 3310.1.  
D. Add exception to Section 50 3.2.1 to read:  
Exception: Fire apparatus access roads exclusively serving 
single family dwelling or townhouse developments that are 
fully sprinklered as provided for in Sections R313.1 or 
R313.2 of the International Residential Code shall have an 
unobstruc ted width of not less than 18 feet (5486 mm), 
exclusive of shoulders.  
E. 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 effici ent and effective 
operation of fire apparatus. Fire lanes shall comply with 
Sections 503.2 through 503.6.  
F. Add Sections  Section  507.3.1 and 507.3.2  to read:  
507.3.1 . Fire flow requirements for fully sprinklered 
residential developments. Notwithstanding S ection 
103.1.2, the fire flow requirements in Table B105.1  
B105.1(1)  of Appendix B of the IFC , as modified by 
Section 507.3.2,  shall be permitted to be used for 
determining fire flow in single family dwelling and 
townhouse developments which are fully spri nklered as 
provided for in Sections R313.1 or R313.2 of the 
International Residential Code.  
507.3.2. Modifications to Table B105.1. The first six rows 
of columns five and six of Table B105.1 of Appendix B of 
the IFC shall be modified as shown below for the  use of 
Table B105.1 in Section 507.3.1.  
Type 5 -B Fire-flow 
(gallons per minute)  
0-5000  1000  
5001 -7200  1250  
7201 -8200  1500  
8201 -9500  1750  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1501 9501 -11300  2000  
11301 -13000  2250  
G. 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.  
H. 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 C105.1  C102.1  of Appendix C of the IFC shall be 
permitted to be used in single family dwelling and 
townhouse developments which are fully sprinklered as 
provided for in Sections R313.1 or R313.2 of the 
International Residential Code, with the spacing and 
distances of fire hydrants indicated in Table C105.1  
C102.1  increased by 100%.  
I. Change Section  510 to read:  
Section 510.  
Maintenance of In -Building Emergency Communication 
Equipment.  
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 approp riate space within 
the building to install and maintain necessary additional 
communication equipment by the locality. If the building 
owner denies the locality access or appropriate space, or 
both, the building owner shall be responsible for the 
installati on and maintenance of these additional systems.  
510.3 . Field tests. After providing reasonable notice to the 
owner or their the owner's  representative, the fire official, 
police chief, or their agents shall have the right during 
normal business hours, or o ther mutually agreed upon time, 
to enter onto the property to conduct field tests to verify 
that the required level of radio coverage is present at no 
cost to the owner.  
13VAC5 -51-133.5. IFC Chapter 6 . Building Services and 
Systems.  
A. Change Section 601 .2 to read:  
601.2 . Permits. Permits shall be obtained for refrigeration 
systems, battery systems and solar photovoltaic power 
systems as set forth in Section 107.2.  
B. Add a note to Section 603.7 to read:  
Note: The fire code official may request a copy of the 
latest certificate of inspection from the Virginia Department of Labor and Industry for boilers and pressure 
vessels subject to such requirements. When the certificate 
is not available, the fire code o fficial 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). 
C. Add Section 604.7  604.8  to read:  
604.7.  604.8  Testing of battery powered emergency lights 
and exit signs. Required emergency lighting utilizing 
battery powered emergency lights or exit signs, or both, 
shall be tested annually. The emergency lights and exit 
signs shall be tested for proper operation for th e 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 fir e code official upon request.  
D. Change Section 605.10.1 to read:  
605.10.1 . Listed and labeled. Only portable electric space 
heaters listed and labeled in accordance with UL 1278 
shall be used.  
E. Change Section 607.1 to read:  
607.1 . Operation. Existing el evators with a travel distance 
of 25 feet (7620 mm) or more shall comply with the 
requirements of Section 607.5 and the USBC, Part III, 
Maintenance.  
F. Change Section 609.3.3.3 and add Section 609.3.3.3.1  to 
read:  
609.3.3.3 . Records. Records for inspection s 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.  
609.3.3.3.1. Tags. Where a commercial kitchen hood or 
duct system is cleaned, a tag containi ng 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.  
G. Add an exception to Section 609.3.3.3.1 to read:  
Exception: Where records required by Secti on 609.3.3.3 
are maintained on the premises.  
13VAC5 -51-133.8. IFC Chapter 7 . Fire -Resistance -Rated 
Construction  Fire and Smoke Protection Features .  
Change Section 704.1 to read:  
704.1 . Enclosure. New floor openings in existing buildings 
shall comply with the International Building Code.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1502  13VAC5 -51-134. IFC Chapter 8 . Interior Finish, 
Decorative Materials and Furnishings.  
A. Add exception 3 to Section 806.1.1 to read:  
3. Trees shall be permitted in places of worship in Group 
A occupancies.  
B. Change exceptio n 2 in  Section 807.1  807.3  to read:  
807.1. General requirements. In occupancies in Groups A, 
E, I and R -1 and dormitories in Group R -2, curtains, 
draperies, hangings and other decorative materials 
suspended from walls or ceilings shall meet the flame 
propa gation performance criteria of NFPA 701 in 
accordance with Section 806.2 or be noncombustible.  
Exception:  
2. In dwelling units or sleeping rooms in Group R -2 
dormitories, the permissible amount of decorative 
material suspended from or attached to the walls  shall not 
exceed 50% of the aggregate area of the walls where the 
building has an approved automatic sprinkler system or 
20% of the aggregate area of the walls where approved 
smoke alarms are provided and in the corridors of such 
buildings, the permissibl e amount of decorative material 
suspended from or attached to the walls shall not exceed 
10% of the aggregate area of the walls.  
In Groups I -1 and I -2, combustible decorative materials 
shall meet the flame propagation criteria of NFPA 701 
unless the decora tive materials, including, but not limited 
to, photographs and paintings, are of such limited 
quantities that a hazard of fire development or spread is not 
present. In Group I -3, combustible decorative materials are 
prohibited.  
Fixed or movable walls and p artitions, paneling, wall pads 
and crash pads, applied structurally or for decoration, 
acoustical correction, surface insulation or other purposes, 
shall be considered interior finish if they cover 10% or 
more of the wall or of the ceiling area, and shall not be 
considered decorative materials or furnishings.  
In Group B and M occupancies, fabric partitions suspended 
from the ceiling and not supported by the floor shall meet 
the flame propagation performance criteria in accordance 
with Section 807.2 and NFPA 701 or shall be 
noncombustible.  
13VAC5 -51-135. IFC Ch apter 9 . Fire Protection Systems.  
A. Change Section 901.3 to read:  
901.3 . Permits. Permits shall be required as set forth in 
Section 107.2.  
B. Change Section 901.4.2 to read:  
901.4.2 . Nonrequired fire protection systems. Nonrequired 
fire protection system s shall be maintained to function as 
originally installed. If any such systems are to be reduced 
in function or discontinued, approval shall be obtained 
from the building official in accordance with Section 
103.8.1 of Part I of the USBC.  C. Delete Section  901.4.4.  
D. Change Section 901.6 to read:  
901.6 . Inspection, testing and maintenance. To the extent 
that equipment, systems, devices, and safeguards, such as 
fire detection, alarm and extinguishing systems, which 
were provided and approved by the buildin g official when 
constructed, shall be maintained in an operative condition 
at all times. And where such equipment, systems, devices, 
and safeguards are found not to be in an operative 
condition, the fire official shall order all such equipment to 
be render ed safe in accordance with the USBC.  
E. Add Section 901.11 to read:  
901.11 . Defective equipment. When the fire official 
determines through investigation or testing or reports by a 
nationally recognized testing agency that specific, required 
water sprinkle r 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.  
F. 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.  
G. Delet e Section 905.11.  
H. Change Item 1 in Section 906.1 to read:  
1. In Group 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.  
I. Add a no te 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.  
J. Change Section 907.1 to read:  
907.1 . General. This section covers the  application, 
installation, performance and maintenance of fire alarm 
systems and their components in new and existing 
buildings and structures. The requirements of Section 
907.2 are applicable to new buildings and structures.  
K. Change Section 907.8.2 to read:  
907.8.2 . Testing. Testing shall be performed in accordance 
with the schedules in Chapter 10 of NFPA 72 or more Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1503 frequently where required by the fire code official. Where 
automatic testing is performed at least weekly by a 
remotely monitored fire alar m 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.  
L. Change Section 907.8.5 to read:  
907.8.5 . Maintenance, inspection and testing. The building 
owner shall be responsible for maintaining the fire and life 
safety systems in an operable condition at all times. 
Service personnel shall meet the qualification requirements 
of NFPA 72 for maintaining, in specting 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 14.6.2.2 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, ad dress and representative of approving agency 
or agencies.  
4. Test frequency.  
5. Designation of the detector or detectors tested (for 
example, "Test performed in accordance with Section 
_______.").  
6. Physical location (for example, "Heat detector in main 
kitchen; horn -strobe in Room 115.") and a list of all 
initiating and notification devices and appliances tested.  
7. Functional list of detectors and required sequence of 
operations.  
8. Check of all smoke detectors.  
9. Loop resistance for all fixed -temperatu re, line -type 
detectors.  
10. Other tests as required by either the equipment 
manufacturer's published instructions or the authority 
having jurisdiction.  
11. Signature of tester and approved authority 
representative.  
12. Disposition of problems identified d uring test 
(examples, "Owner notified," "Problem corrected or 
successfully retested, or both," "Device abandoned in 
place.").  M. Delete Section 907.9.  
N. Change Section 908.7 to read:  
908.7 . Carbon monoxide alarms. Carbon monoxide alarms 
shall be maintaine d as approved.  
O. Delete Section 908.7.1.  
13VAC5 -51-135.5. IFC Chapter 10 . Means of Egress.  
A. Add Section 1001.3 to read:  
1001.3 . Overcrowding. Overcrowding, admittance of any 
person beyond the approved occupant load established by 
the USBC or other b uilding 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 authorize d to cause the event to 
be stopped until such condition or obstruction is corrected.  
B. Change Section 1029.4  1030.4  to read:  
1029.4.  1030.4  Operational constraints. Emergency escape 
and rescue openings shall be operational from the inside of 
the room wi thout the use of keys or tools. Bars, grilles, 
grates, or similar devices are permitted to be placed over 
emergency escape and rescue openings provided (i) the 
minimum net clear opening size complies with Section 
1029.2  1030.2 , (ii) such devices shall be r eleasable 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 escape and rescue opening, and (iii) where 
smoke alarms are installed in accordance with Section 
907.2.11 and ap proved by the building official regardless 
of the valuation of the alteration.  
13VAC5 -51-138. IFC Chapter 11 . Construction 
Requirements for Existing Buildings.  
Delete Chapter 11 in its entirety.  
13VAC5 -51-138.4. IFC Chapter 20 . Aviation Facilities.  
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.  
13VAC5 -51-138.8. IFC Chapter 21 . Dry Cleaning.  
Change Section 2101.2 to read:  
2101.2 . Permit required. Permits shall be required as set 
forth in Section 107.2.  
13VAC5 -51-139. IFC Chapter 22 . Combustible Dust -
Producing Operations.  
Change Section 2201.2 to read:  
2201.2 . Permits. Permits shall be requi red for combustible 
dust-producing operations as set forth in Section 107.2.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1504  13VAC5 -51-140. IFC Chapter 23 . Motor Fuel -Dispensing 
Facilities and Repair Garages.  
A. Change Section 2301.2 to read:  
2301.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
B. 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. Electrica l equipment shall 
be in accordance with NFPA 70.  
C. Change Section 2306.2.1.1 to read:  
2306.2.1.1 . Inventory control and leak detection for 
underground tanks. Accurate inventory records shall be 
maintained on underground fuel storage tanks for 
indication of possible leakage from tanks and piping. The 
records shall be kept at the premises or made available for 
inspection by the fire official within 24 hours of a written 
or verbal request and shall include records for each tank. 
Where there is more than one system consisting of tanks 
serving separate pumps or dispensers for a product, the 
inventory record shall be maintained separately for each 
tank system.  
Owners and operators of underground fuel storage tanks 
shall provide release detection for tanks and p iping that 
routinely contain flammable and combustible liquids in 
accordance with one of the following methods:  
1. Monthly inventory control to detect a release of at 
least 1.0% of flow -through plus 130 gallons.  
2. Manual tank gauging for tanks with 2,00 0 gallon 
capacity or less when measurements are taken at the 
beginning and ending of a 36 -hour to 58 -hour period 
during which no liquid is added to or removed from the 
tank.  
3. Tank tightness testing capable of detecting a 0.1 gallon 
per hour leak rate.  
4. Automatic tank gauging that tests for loss of liquid.  
5. Vapor monitoring for vapors within the soil of the tank 
field.  
6. Groundwater monitoring when the groundwater is 
never more than 20 feet from the ground surface.  
7. Interstitial monitoring betw een the underground tank 
and a secondary barrier immediately around or beneath 
the tank.  
8. Other approved methods that have been demonstrated 
to be as effective in detecting a leak as the methods listed 
above.  
A consistent or accidental loss of product shall be 
immediately reported to the fire official.  D. Change Section 2306.8.1 to read:  
2306.8.1. Listed. Dispensers shall be listed in accordance 
with UL 87A. Hoses, nozzles, breakaway fittings, swivels, 
flexible connectors or dispenser emergency shutoff valves, 
vapor recovery systems, leak detection devices, and pumps 
used in alcohol -blended fuel -dispensing systems shall be 
listed for the specific purpose.  
E. Add Section 2306.8.6 to read:  
2306.8.6. Compatibility. Dispensers shall only be used 
with the fuels for which they have been listed, which are 
marked on the product. Field installed components 
including hose assemblies, breakaway couplings, swivel 
connectors, and hose nozzle valves shall be provided in 
accordance with the listing and the marking on  the unit.  
13VAC5 -51-140.5. IFC Chapter 24 . Flammable Finishes.  
Change Section 2401.3 to read:  
2401.3 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-141. IFC Chapter 25 . Fruit and Crop 
Ripening.  
Change Section 2501.2 to read:  
2501.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-141.5. 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 -51-142. IFC Chapter 27 . Semiconductor 
Fabrication Facilities.  
Change Section 2701.5 to read:  
2701.5 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-142.5. IFC Chapter 28 . Lumber Yards and 
Agro -Industrial, Solid Biomass, and  Woodworking 
Facilities.  
Change Section 2801.2 to read:  
2801.2 . Permit. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-143.5. IFC Chapter 29 . Manufacture of 
Organic Coatings.  
Change Section 2901.2 to read:  
2901.2 . Permits. Permits shall be  required as set forth in 
Section 107.2.  
13VAC5 -51-144. IFC Chapter 30 . Industrial Ovens.  
Change Section 3001.2 to read:  
3001.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1505 13VAC5 -51-144.2. IFC Chapter 31 . Tents and Other 
Membrane Str uctures.  
Change Section 3103.4 to read:  
3103.4 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-144.4. IFC Chapter 32 . High -Piled 
Combustible Storage.  
Change Section 3201.2 to read:  
3201.2 . Permits. A permit shall be required as  set forth in 
Section 107.2.  
13VAC5 -51-144.6. IFC Chapter 34 . Tire Rebuilding and 
Tire Storage.  
A. Change Section 3401.2 to read:  
3401.2 . Permit required. Permits shall be required as set 
forth in Section 107.2.  
B. 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 -51-144.8. IFC Chapter 37 Combustible Fibers.  
Change Section 3701.3 to read:  
3701.3 Permits.  Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-145. IFC Chapter 50 . Hazardous Materials - 
General Provisions.  
A. Change Section 5001.5 to read:  5001.5 . Permits. Permits shall be required as set forth in 
Section 107.2.  
B. Add the foll owing language to the end of Section 
5001.5.1 to read:  
The HMMP shall be maintained onsite for use by 
emergency responders , and shall be updated not less than 
annually.  
C. Add the following language to the end of Section 
5001.5.2 to read:  
The 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.  
D. 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 emer gency 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.  
 
E. Change the "Consumer fireworks" row in and add  Add a new "Permissible fireworks" row to Table 5003.1.1(1) to read:  
Consumer fireworks  1.4G  H-3 125e,l N/A N/A N/A N/A N/A N/A N/A 
Permissible fireworks  1.4G  H-3 125d,e,l N/A N/A N/A N/A N/A N/A N/A 
F. 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 430 of the USBC, Part I, Construction, or 
Section 302.6 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 430 of the USBC, Part I, 
Construction, or Section 302.6 of the USBC, Part II, 
Existin g Buildings, and provisions of this code other than 
those set out in this section, Section 430 of the USBC, Part 
I, Construction, or Section 302.6 of the USBC, Part II, 
Existing Buildings, as applicable, shall govern.  
5001.7.1 Chemical safety reviews. Ope rating 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 on site, unpacking, and dispensing of 
hazardous materi als 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 shal l 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 mat erials. 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.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1506  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 wit h 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 per Table 5003.1.1(2), and 500 
cubic feet (14 m3) for all other gases in accordance with 
Table 5003.1.1(1).  
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, II, and IIIA 
combustible or flamma ble liquids in storage and use within 
control areas or laboratory suites shall not exceed 8 gallons 
per 100 square feet (30 L/9.3 m2) of floor area, with not 
more than 4 gallons per 100 square feet (15 L/9.3 m2) 
being in use. Quantities of Class I flammabl e liquids in 
storage and use shall not exceed 4 gallons per 100 square 
feet (15 L/9.3 m2) of floor area with not more than 2 
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 sprink ler 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 la boratory 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 by Table 
5003.1.1(1) 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 in 
Table 5003.1.1(1) for a building equipped throughou t 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 recommendation s.  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 c ontain any 
storage of incompatible materials.  
5001.7.11 Restricted materials in use. Use of pyrophorics 
and Class 4 oxidizers prohibited by Table 5003.1.1(1) in 
existing buildings not equipped throughout with an 
automatic sprinkler system in accordance wi th Section 
903.3.1.1 of the USBC, Part I, Construction, shall be 
allowed within a control area at 25% of the limits in Table 
5003.1.1(1) for buildings equipped throughout with an 
automatic sprinkler system, with no additional increases 
allowed, provided th at 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 eq uipment designed for 
the specific hazard of the material.  
2. Combustible materials shall be kept at least 2 feet (610 
mm) away from the work area, except for those items 
directly related to the research.  
3. A portable fire extinguisher appropriate for th e 
specific material shall be provided within 20 feet (6096 
mm) of the use in accordance with Section 906.  
G. 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 clea nup shall be borne by  
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 Petroleu m 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.  
 13VAC5 -51-145.5. IFC Chapter 51 . Aerosols.  
Change Section 510 1.2 to read:  
5101.2 . Permit required. Permits shall be required as set 
forth in Section 107.2.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1507 13VAC5 -51-146. IFC Chapter 52. Combustible Fibers.  
(Repealed.)  
Change Section 5201.3 to read:  
5201.3. Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-146.5. IFC Chapter 53 . Compressed Gases.  
Change Section 5301.2 to read:  
5301.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-147. IFC Chapter 54 . Corrosive Materials.  
Change Section 5401.2 to read:  
5401.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-147.5. IFC Chapter 55 . Cryogenic Fluids.  
Change Section 5501.2 to read:  
5501.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-150. IFC Chapter 56 . Explosives and 
Fireworks.  
A. Change exception 4 in Section 5601.1 to read:  
4. The possession, storage, and use of not more than 15 
pounds (6.81 kg) of commercially manufactured sporting 
black powder, 20 pounds (9 kg) of smokeless powder and 
any amount of sma ll arms primers for hand loading of 
small arms ammunition for personal consumption.  
B. Add exceptions 10, 11 and 12 to Section 5601.1 to read:  
10. The storage, handling, or use of explosives or blasting 
agents pursuant to the provisions of Title 45.1 of t he Code 
of Virginia.  
11. The display of small arms primers in Group M when in 
the original manufacturer's packaging.  
12. The possession, storage and use of not more than 50 
pounds (23 kg) of commercially manufactured sporting 
black powder, 100 pounds (45  kg) of smokeless powder, 
and small arms primers for hand loading of small arms 
ammunition for personal consumption in Group R -3 or R -
5, or 200 pounds (91 kg) of smokeless powder when stored 
in the manufacturer's original containers in detached Group 
U str uctures at least 10 feet (3048 mm) from inhabited 
buildings and are accessory to Group R -3 or R -5.  
C. Change exception 4 in Section 5601.1.3 to read:  
4. The possession, storage, sale, handling and use of 
permissible fireworks where allowed by applicable l ocal or 
state laws, ordinances and regulations provided such 
fireworks comply with CPSC 16 CFR, Parts 1500 -1507, 
and DOTn 49 CFR, Parts 100 -178, for consumer 
fireworks.  
D. Add exception 5 to Section 5601.1.3 to read:  
5. The sale or use of materials or equ ipment when such 
materials or equipment is used or to be used by any person for signaling or other emergency use in the operation of 
any boat, railroad train or other vehicle for the 
transportation of persons or property.  
E. Change entire Section 5601.2 t o read:  
5601.2 . Permit required. Permits shall be required as set 
forth in Section 107.2 and regulated in accordance with 
this section. The manufacture, storage, possession, sale and 
use of fireworks or explosives shall not take place without 
first applyin g for and obtaining a permit.  
5601.2.1 . Residential uses. No person shall keep or store, 
nor shall any permit be issued to keep, possess or store, 
any fireworks or explosives at any place of habitation, or 
within 100 feet (30,480 mm) thereof.  
Exception: Storage of smokeless propellant, black powder, 
and small arms primers for personal use and not for resale 
in accordance with Section 5606.  
5601.2.2 . Sale and retail display. Except for the Armed 
Forces of the United States, Coast Guard, National Guard, 
federal, state and local regulatory, law enforcement and 
fire agencies acting in their official capacities, explosives 
shall not be sold, given, delivered or transferred to any 
person or company not in possession of a valid permit. The 
holder of a permit to sell explosives shall make a record of 
all transactions involving explosives in conformance with 
Section 5603.2 and include the signature of any receiver of 
the explosives. No person shall construct a retail display 
nor offer for sale explosives, explosive  materials, or 
fireworks upon highways, sidewalks, public property, or in 
assembly or educational occupancies.  
5601.2.3 . Permit restrictions. The fire official is authorized 
to limit the quantity of explosives, explosive materials, or 
fireworks permitted at a given location. No person, 
possessing a permit for storage of explosives at any place, 
shall keep or store an amount greater than authorized in 
such permit. Only the kind of explosive specified in such a 
permit shall be kept or stored.  
5601.2.3.1 . Permit applicants. As a condition of a permit as 
provided for in Section 107.5, the fire official shall not 
issue a permit to manufacture, store, handle, use or sell 
explosives or blasting agents to any applicant who has not 
provided on the permit applicatio n the name and signature 
of a designated individual as representing the applicant. 
When, as provided for in Section 107.2 or 107.6, a permit 
is required to conduct a fireworks display, as a condition of 
permit as provided for in Section 107.5, the fire off icial 
shall not issue a permit to design, setup or conduct a 
fireworks display to any applicant who has not provided on 
the permit application the name and signature of a 
designated individual as representing the applicant.  
If the applicant's designated i ndividual changes or becomes 
no longer qualified to represent the applicant as responsible 
management or designated individual, the applicant shall 
notify the fire official who issued the permit on the change Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1508  of status of the designated individual. The not ice is to be 
made prior to the use of any explosives or conducting a 
fireworks display but in no case shall the notification occur 
more than seven days after the change of status and shall 
provide the name of another designated individual. The fire 
officia l may revoke or require the reissuance of a permit 
based on a change of permit conditions or status or 
inability to provide another designated individual.  
5601.2.3.1.1 . BCC :. The SFMO shall process all 
applications for a BCC for compliance with § 27 -97.2 of 
the Code of Virginia and will be the sole provider of a 
BCC. Using forms provided by the SFMO, a BCC may be 
applied for and issued to any person who submits to the 
completion of a background investigation by providing 
fingerprints and personal descripti ve information to the 
SFMO. The SFMO shall forward the fingerprints and 
personal descriptive information to the Central Criminal 
Records Exchange for submission to the Federal Bureau of 
Investigation for the purpose of obtaining a national 
criminal history  records check regarding such applicant.  
5601.2.3.1.2 . Issuance of a BCC :. The issuance of a BCC 
shall be denied if the applicant or designated person 
representing an applicant has been convicted of any felony, 
whether such conviction occurred under the l aws of the 
Commonwealth, or any other state, the District of 
Columbia, the United States or any territory thereof, unless 
his civil rights have been restored by the Governor or other 
appropriate authority.  
5601.2.3.1.3 . Fee for BCC :. The fee for obtaining  or 
renewing a BCC from the SFMO shall be $150 plus any 
additional fees charged by other agencies for fingerprinting 
and for obtaining a national criminal history record check 
through the Central Criminal Records Exchange to the 
Federal Bureau of Investiga tion.  
5601.2.3.1.4 . Revocation of a BCC :. After issuance of a 
BCC, subsequent conviction of a felony will be grounds 
for immediate revocation of a BCC, whether such 
conviction occurred under the laws of the Commonwealth, 
or any other state, the District o f Columbia, the United 
States or any territory thereof. The BCC shall be returned 
to the SFMO immediately. An individual may reapply for 
his BCC if his civil rights have been restored by the 
Governor or other appropriate authority.  
5601.2.4 . Financial responsibility. Before a permit is 
issued, as required by Section 5601.2, the applicant shall 
file with the jurisdiction a corporate surety bond in the 
principal sum of $500,000 or a public liability insurance 
policy for the same amount, for the  purpose of the payment 
of all damages to persons or property which arise from, or 
are caused by, the conduct of any act authorized by the 
permit upon which any judicial judgment results. The legal 
department of the jurisdiction may specify a greater 
amoun t when conditions at the location of use indicate a greater amount is required. Government entities shall be 
exempt from this bond requirement.  
5601.2.4.1 . Blasting. Before approval to do blasting is 
issued, the applicant for approval shall file a bond or 
submit a certificate of insurance in such form, amount, and 
coverage as determined by the legal department of the 
jurisdiction to be adequate in each case to indemnify the 
jurisdiction against any and all damages arising from 
permitted blasting but in no c ase shall the value of the 
coverage be less than $1,000,000.  
Exception: Filing a bond or submitting a certificate of 
liability insurance is not required for blasting on real estate 
parcels of five or more acres conforming to the definition 
of "real estate  devoted to agricultural use" or "real estate 
devoted to horticultural use" in § 58.1 -3230 of the Code of 
Virginia and conducted by the owner of such real estate.  
5601.2.4.2 . Fireworks display. The permit holder shall 
furnish a bond or certificate of insu rance in an amount 
deemed adequate by the legal department of the 
jurisdiction for the payment of all potential damages to a 
person or persons or to property by reason of the permitted 
display, and arising from any acts of the permit holder, the 
agent, emp loyees or subcontractors, but in no case shall the 
value of the coverage be less than $1,000,000.  
F. Change entire Section 5601.4 to read:  
5601.4 . Qualifications. Persons in charge of magazines, 
blasting, fireworks display, or pyrotechnic special effect 
operations shall not be under the influence of alcohol or 
drugs which impair sensory or motor skills, shall be at least 
21 years of age and possess knowledge of all safety 
precautions related to the storage, handling or use of 
explosives, explosive material s or fireworks.  
5601.4.1 . Certification of blasters and pyrotechnicians. 
Certificates as a restricted blaster, unrestricted blaster or 
pyrotechnician will be issued upon proof of successful 
completion of an examination approved by the SFMO 
commensurate to  the certification sought and completion 
of a background investigation for compliance with § 27 -
97.2 of the Code of Virginia. The applicant for certification 
shall submit proof to the SFMO of the following 
experience:  
1. For certification as a restricted b laster, at least one year 
under direct supervision by a certified unrestricted 
blaster, certified restricted blaster or other person(s) 
approved by the SFMO.  
2. For certification as an unrestricted blaster, at least one 
year under direct supervision by a certified unrestricted 
blaster or other person or persons approved by the 
SFMO.  
3. For certification as a pyrotechnician, aerial, or 
pyrotechnician, proximate, applicant was in responsible 
charge of or has assisted in the documented design, setup 
and cond ucting of a fireworks display on at least six Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1509 occasions within the 24 months immediately preceding 
the application for certification.  
The SFMO shall process all certification applicants for 
compliance with § 27 -97.2 of the Code of Virginia and will 
be the  sole provider of blaster and pyrotechnician 
certifications.  
Exception: The use of explosives by the owner of real 
estate parcels of five or more acres conforming to the 
definition of "real estate devoted to agricultural use" or 
"real estate devoted to ho rticultural use" in §  58.1-3230 of 
the Code of Virginia when blasting on such real estate.  
5601.4.2 . Certification issuance. The issuance of a 
certification as a blaster or pyrotechnician shall be denied 
if the applicant has (i) been convicted of any felo ny, 
whether such conviction occurred under the laws of the 
Commonwealth, or any other state, the District of 
Columbia, the United States or any territory thereof, unless 
his civil rights have been restored by the Governor or other 
appropriate authority, (i i) has not provided acceptable 
proof or evidence of the experience required in Section 
5601.4.1, or (iii) has not provided acceptable proof or 
evidence of the continued training or education required in 
Section 5601.4.5.  
5601.4.3 . Fee for certification. T he fee for obtaining or 
renewing a blaster or pyrotechnician certificate from the 
SFMO shall be $150 plus any additional fees charged by 
other agencies for fingerprinting and for obtaining a 
national criminal history record check through the Central 
Crimin al Records Exchange to the Federal Bureau of 
Investigation.  
5601.4.3.1 . Fee for replacement certificate. A written 
request for a replacement blaster or pyrotechnician 
certificate shall be accompanied by the payment of an 
administrative fee in the amount o f $20 made payable to 
the Treasurer of Virginia. Verbal requests shall not be 
accepted.  
5601.4.4 . Revocation of a blaster or pyrotechnician 
certification. After issuance of a blaster or pyrotechnician 
certification, subsequent conviction of a felony will be 
grounds for immediate revocation of a blaster or 
pyrotechnician certification, whether such conviction 
occurred under the laws of the Commonwealth, or any 
other state, the District of Columbia, the United States or 
any territory thereof. The certificati on shall be returned to 
the SFMO immediately. An individual may subsequently 
reapply for his blaster or pyrotechnician certification if his 
civil rights have been restored by the Governor or other 
appropriate authority.  
5601.4.5 . Expiration and renewal of  a BCC, or blaster or 
pyrotechnician certification. A certificate for an 
unrestricted blaster, restricted blaster or pyrotechnician 
shall be valid for three years from the date of issuance. A 
BCC shall be valid for three years from the date of 
issuance. Re newal of the unrestricted blaster certificate will be issued upon proof of at least 16 accumulated hours 
of continued training or education in the use of explosives 
within three consecutive years and a background 
investigation for compliance with §  27-97.2 of the Code of 
Virginia. Renewal of the restricted blaster certificate will 
be issued upon proof of at least eight accumulated hours of 
continued training or education in the use of explosives 
within three consecutive years and a background 
investigation for compliance with § 27 -97.2 of the Code of 
Virginia. Renewal of the pyrotechnician certificate will be 
issued upon proof of at least 12 accumulated hours of 
continued training or education in the subject areas of 
explosives storage; the design, setup or conduct of a 
fireworks display within three consecutive years; and a 
background investigation for compliance with § 27 -97.2 of 
the Code of Virginia. The continued training or education 
required for renewal of a blaster or pyrotechnician 
certificate shall b e obtained during the three years 
immediately prior to the certificate's published expiration 
date. Failure to renew a blaster or pyrotechnician 
certificate in accordance with this section shall cause an 
individual to obtain another blaster or pyrotechnici an 
certificate upon compliance with Section 5601.4.1 to 
continue engaging in the unsupervised use of explosives or 
conducting a fireworks display.  
5601.4.6 . Denial, suspension or revocation of a certificate. 
If issuance or renewal of a blaster or pyrotech nician 
certificate is denied, or upon the filing of a complaint 
against an applicant or certificate holder for non -
performance, or performance in violation of the SFPC and 
the appropriate referenced NFPA 495, 1123 or 1126 
standards, the State Fire Marshal may convene a three -
member panel to hear the particulars of the complaint or 
denial. The three -member panel will be comprised of the 
following persons:  
1. A Virginia certified fire official, excluding any person 
certified as a blaster or pyrotechnician, or  who is on the 
staff of the SFMO.  
2. A Virginia certified blaster or pyrotechnician whose 
certification is the same as that of the person to whom a 
complaint is lodged, and who is not associated in any 
way with the person against whom a complaint is lodged  
and whose work or employer is geographically remote, 
as much as practically possible, from the person to whom 
a complaint is lodged.  
3. A member of the general public who does not have a 
vested financial interest in conducting a fireworks 
display, or the manufacture, sale, storage, or use of 
explosives.  
Upon the State Fire Marshal convening such panel, the 
hearing is to commence within 60 calendar days of the 
filing of the complaint or denial. The three -member panel 
is to hear the complaint and render a wr itten 
recommendation to the State Fire Marshal for certificate Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1510  issuance, no action, revocation, or suspension of a 
certificate for a period not to exceed six months. 
Notwithstanding the discretionary decision and action to 
convene such panel, the State Fir e Marshal reserves the 
authority to choose an action that may be contrary to the 
panel's recommendation. A written decision of the State 
Fire Marshal is to be delivered to the party within 14 days 
of the hearing's conclusion. If the certificate is denied, 
revoked, or suspended by the SFMO, in accordance with 
Section 112.9, the party may file an appeal with the TRB  
State Review Board . The party's appeal to TRB  State 
Review Board  must be filed within 14 calendar days of the 
receipt of the State Fire Marshal's written decision to deny, 
revoke, or suspend. The denial, revocation, or suspension 
of a license is independent of any criminal proceedings that 
may be initiated by any state  or local authority.  
5601.4.6.1 . Replacement of revoked certificate. Any 
person whose certificate as a pyrotechnician or blaster was 
revoked upon cause may apply for certification as a 
pyrotechnician or blaster six months or more from the date 
of the revoc ation and upon compliance with Section 
5601.4.1. All elements of Section 5601.4.1 are required to 
be obtained and dated after the date of revocation.  
5601.4.6.2 . Return of suspended certificate. Any certificate 
that was suspended upon cause will be reinsta ted at the end 
of the suspension period without change to its expiration 
date.  
G. Change Section 5601.7 to read:  
5601.7 . Seizure. The fire official is authorized to remove or 
cause to be removed or disposed of in an approved manner, 
at the expense of the o wner, fireworks offered or exposed 
for sale, stored, possessed or used in violation of this 
chapter.  
H. Add the following to the list of definitions in Section 
5602.1:  
Background clearance card (BCC).  
Blaster, restricted.  
Blaster, unrestricted.  
Design.  
Designated individual.  
Fireworks.  
Fireworks, 1.4G.  
Fireworks, 1.3G.  
Permissible fireworks.  
Pyrotechnician (fireworks operator).  
Pyrotechnician, aerial.  
Pyrotechnician, proximate.  
Responsible management.  
Smokeless propellants.  
Sole propri etor.  I. Change Section 5603.4 to read:  
5603.4 . Accidents. Accidents involving the use of 
explosives, explosive materials, and fireworks, which 
result in injuries or property damage, shall be immediately 
reported by the permit holder to the fire code offi cial and 
State Fire Marshal.  
J. Change Section 5605.1 to read:  
5605.1 . General. The manufacture, assembly and testing of 
explosives, ammunition, blasting agents and fireworks 
shall comply with the requirements of this section, Title 
59.1, Chapter 11 of the  Code of Virginia, and NFPA 495 
or NFPA 1124.  
Exceptions:  
1. The hand loading of small arms ammunition prepared 
for personal use and not offered for resale.  
2. The mixing and loading of blasting agents at blasting 
sites in accordance with NFPA 495.  
3. The use of binary explosives or plosophoric materials 
in blasting or pyrotechnic special effects applications in 
accordance with NFPA 495 or NFPA 1126.  
K. Add Section 5605.1.1 to read:  
5605.1.1 . Permits. Permits for the manufacture, assembly 
and testing of  explosives, ammunition, blasting agents and 
fireworks shall be required as set forth in Section 107.2 
and regulated in accordance with this section. A permit to 
manufacture any explosive material in any quantity shall 
be prohibited unless such manufacture  is authorized by a 
federal license and conducted in accordance with 
recognized safety practices.  
L. Change Section 5606.4 to read:  
5606.4 . Storage in residences. Propellants for personal use 
in quantities not exceeding 50 pounds (23 kg) of black 
powder o r 100 pounds (45 kg) of smokeless powder shall 
be stored in original containers in occupancies limited to 
Groups R -3 and R -5, or 200 pounds (91 kg) of smokeless 
powder when stored in the manufacturer's original 
containers in detached Group U structures tha t are at least 
10 feet from inhabited buildings and are accessory to 
Group R -3 or R -5. In other than Group R -3 or R -5, 
smokeless powder in quantities exceeding 20 pounds (9 
kg) but not exceeding 50 pounds (23 kg) shall be kept in a 
wooden box or cabinet ha ving walls of at least one inch 
(25 mm) nominal thickness or equivalent.  
M. Delete Sections 5606.4.1, 5606.4.2, and 5606.4.3.  
N. Change Section 5606.5.1.1 to read:  
5606.5.1.1 . Smokeless propellant. No more than 100 
pounds (45 kg) of smokeless propellants, in containers of 8 
pounds (3.6 kg) or less capacity, shall be displayed in 
Group M occupancies.  
O. Delete Section 5606.5.1.3.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1511 P. Change Section 5606.5.2.1 to read:  
5606.5.2 .1. Smokeless propellant . Commercial stocks of 
smokeless propellants shall be stored as follows:  
1. Quantities exceeding 20 pounds (9 kg), but not 
exceeding 100 pounds (45 kg) shall be stored in portable 
wooden boxes having walls of at least one inch (25 m m) 
nominal thickness or equivalent.  
2. Quantities exceeding 100 pounds (45 kg), but not 
exceeding 800 pounds (363 kg), shall be stored in storage 
cabinets having walls at least one inch (25 mm) nominal 
thickness or equivalent. Not more than 400 pounds (18 2 
kg) shall be stored in any one cabinet, and cabinets shall be 
separated by a distance of at least 25 feet (7620 mm) or by 
a fire partition having a fire -resistance rating of at least one 
hour.  
3. Storage of quantities exceeding 800 pounds (363 kg), 
but not exceeding 5,000 pounds (2270 kg) in a building 
shall comply with all of the following:  
3.1. The storage is inaccessible to unauthorized 
personnel.  
3.2. Smokeless propellant shall be stored in nonportable 
storage cabinets having wood walls at least one  inch (25 
mm) nominal thickness or equivalent and having shelves 
with no more than three feet (914 mm) of vertical 
separation between shelves.  
3.3. No more than 400 pounds (182 kg) is stored in any 
one cabinet.  
3.4. Cabinets shall be located against wall s with at least 
40 feet (12 192 mm) between cabinets. The minimum 
required separation between cabinets may be reduced to 
20 feet (6096 mm) provided that barricades twice the height of the cabinets are attached to the wall, midway 
between each cabinet. The barricades must extend a 
minimum of 10 feet (3048 mm) outward, be firmly 
attached to the wall, and be constructed of steel not less 
than 0.25 inch thick (6.4 mm), two -inch (51 mm) 
nominal thickness wood, brick, or concrete block.  
3.5. Smokeless propellant  shall be separated from 
materials classified as combustible liquids, flammable 
liquids, flammable solids, or oxidizing materials by a 
distance of 25 feet (7620 mm) or by a fire partition 
having a fire -resistance rating of one hour.  
3.6. The building shal l be equipped throughout with an 
automatic sprinkler system installed in accordance with 
Section 903.3.1.1.  
4. Smokeless propellants not stored according to Item 1, 2, 
or 3 above shall be stored in a Type 2 or 4 magazine in 
accordance with Section 5604 an d NFPA 495.  
Q. Change Section 5607.1 to read:  
5607.1 . General. Blasting operations shall be conducted 
only by persons certified by the SFMO as a restricted or 
unrestricted blaster or shall be supervised on -site by a 
person properly certified by the SFMO a s a restricted or 
unrestricted blaster.  
R. Add Section 5607.16 to read:  
5607.16 . Blast records. A record of each blast shall be kept 
and retained for at least five years and shall be readily 
available for inspection by the code official. The record 
shall be in a format selected by the blaster and shall 
contain the minimum data and information indicated in 
Form 5607.16.  
 
Form 5607.16  
Blast (shot) Record  
Block 1  
General Information  
1 Blast date:  
  Blast Number:  Blast Time:  Permit Number:  
2 Blast location by address including city, county or town:  
3 Blast location by GPS coordinates:                        □ check box if unknown  
4 Name of Permit Holder:  
5 Name of Blaster in charge (print):  
6 Signature of Blaster in charge:  
7 Certification Number of Blaster in charge:  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1512  Block 2  
General Environmental Conditions  
1 Weather (Clear? Cloudy? 
Overcast?)  Wind direction and speed  
 
              @________mph  Temperature  
F° / C°  
2 Topography (Flat? Hilly? 
Mountainous?)  Distance from blast site to nearest 
inhabited building:  Distance from nearest inhabited 
building determined by:  
□ GPS coordinates  
□ Measurement  
□ Estimated  
  
3 Use of nearest inhabited 
building (Dwelling? Business? 
Apartment Building? School?)   Direction from blast sit e to nearest 
inhabited building:  Direction from blast site to nearest 
inhabited building determined by:  
□ GPS instrument  
□ Compass  
□ Estimated  
  
Additional Blaster notations on environmental conditions:  
  
  
Block 3  
Shot Layout and Precautions Taken (N/A  = Not Applicable)  
1 Number of holes  
 
  Diameter of hole or holes  Depth of hole or holes  
2 Were any holes decked?  
 
□ Yes 
□ No How many holes were decked?    
□ N/A How many decks per hole?  
 
□ N/A 
(If applicable, indicate on any attached shot pattern drawing which holes were 
decked and the number of decks for the holes.)  
3 Shot pattern  
 
□ Check this box if only single 
hole.  Depth of sub -drilling  Drilling angle  
4 Burden  Spacing of holes  Water height  
5 Stemming height  Material used for stemming  Check box for flyrock precautions taken  
 
□ Mats  
□ Overburden  
□ None taken  Additional Blaster notations on shot layout and precautions:  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1513   
Block 4  
Seismic Control Measures (N/A = Not Applicable)  
1 Was scaled distance 
formula used?  
□ Yes 
□ No Indicate which scaled distance equation was 
used.     □ N/A 
  
□ W(lb)={D(ft)/50}2 
 
□ W(lb)={D(ft)/55}2 
 
□ W(lb)={D(ft)/65}2 Maximum allowable charge 
weight per 8 ms based on scaled 
distance.         □ N/A 
2 Was seismograph 
used?  
□ Yes 
□ No Seismograph manufacturer and model 
number:               □ N/A Seismograph serial number:  
□ N/A 
Seismograph's last calibration 
date.     □ N/A 
3 Distance and direction seismograph from blast 
site                  □ N/A Distance determined by:  
□ N/A                  □ GPS coordinates  
□ Estimated             □ Measurement  
4 Seismograph                   □ N/A 
Geophone Minimum Frequency _______Hz  
Seismograph  
Microphone Minimum Frequency _______Hz  Seismograph recordings:   □ N/A 
Transverse   _____in/s ____ Hz  
Vertical         _____in/s ____ Hz  
Longitudinal _____in/s ____ Hz  
Acoustic       ______dB ____ Hz  5 Seismograph trigger level     □ N/A 
 
_____ in/s _____dB  
Additional Blaster notations on seismic control measures:  
Block 5  
Quantity and Product  
1 Maximum allowable charge weight per 8 ms interval  
□ Delay not used  
_____ lbs  Initiation (Check)  
 
□ Electric  
□ Non-electric  
□ Electronic  2 Maximum number of holes/decks per 8 ms interval  
□ Delay not used  
_____ lbs  
3 Maximum weight or sticks of explosive per hole  
 
_____ lbs Firing device manufacturer and 
model:                                    □ N/A 
  Explosive Product listing (Attach additional pages as needed.)  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1514  4 Manufacturer  Product name, description or brand  Number of 
units  Unit weight (lb)  
          
          
          
          
          
          
          
5 Total explosive weight in this shot:                          lbs. 
Additional Blaster notations on product and quantities:  
  
Block 6  
Completion of Shot Record and General Comments  
General comments on shot not included in notes above:  
Date shot report completed:  Time shot report completed:  
Printed name and signature of person completing shot 
report if different from Block 1, Lines 5 and 6.  (Print)  
(Signature)  
S. Change Section 5608.2 to read:  
5608.2 . Permit application. Prior to issuing permits for a 
fireworks display, plans for the fireworks display, 
inspections of the display site and demonstrations of the 
display operations shall be approved. A plan establishing 
procedures to  follow and actions to be taken in the event 
that a shell fails to ignite in, or discharge from, a mortar or 
fails to function over the fallout area or other malfunctions 
shall be provided to the fire code official.  
In addition to the requirements of Sect ion 5601.2.3.1, a 
permit to conduct a fireworks display shall not be issued to 
any applicant without the applicant identifying on the 
application the pyrotechnician who will be in responsible 
charge of the fireworks display and who is appropriately 
certifi ed as a pyrotechnician in accordance with Section 
5601.4.1.  
Exception: Permits are not required for the use or display 
of permissible fireworks on private property with the 
consent of the owner of such property.  
T. Change Section 5608.3 to read:  
5608.3 . Approved fireworks displays. Approved fireworks 
displays shall include only the approved fireworks 1.3G, 
fireworks 1.4G, fireworks 1.4S and pyrotechnic articles 
1.4G. The design, setup, conducting or direct on -site 
supervision of the design, setup and cond ucting of any fireworks display, either inside a building or outdoors, 
shall be performed only by persons certified by the SFMO 
in accordance with Section 5601.4.1 as a pyrotechnician 
(firework operator) and at least one person properly 
certified by the SF MO as a pyrotechnician shall be present 
at the site where the fireworks display is being conducted. 
The approved fireworks shall be arranged, located, 
discharged and fired in a manner that will not pose a 
hazard to property or endanger any person.  
Excepti on: Certification as a pyrotechnician is not required 
for the use or display of permissible fireworks when 
conducted on private property with the consent of the 
owner of such property.  
U. Change Section 5608.4 to read:  
5608.4 Clearance. Spectators, specta tor parking areas, and 
dwellings, buildings or structures shall not be located 
within the display site. The site for the outdoor land or 
water display shall have at least 100 -ft/in. (31 -m/2.4mm) 
radius of internal mortar diameter of the largest shell to be  
fired as shown in Table 5608.4.  
Exceptions:  
1. This provision shall not apply to pyrotechnic special 
effects and fireworks displays using Division 1.4G 
materials before a proximate audience in accordance with 
NFPA 1126.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1515 2. This provision shall not apply  to unoccupied 
dwellings, buildings and structures with the approval of the building owner and the fire code official.  
 
V. Add Table 5608.4 to read:  
Table 5608.4  
Distances for Outdoor Fireworks Display Sites: Minimum Separation Distances  from Mortars to Spectators for Land and 
Water Displays  
Mortar Sizea Minimum Secured 
Diameter of Site  Vertical Mortarsb Angled Mortarsc 
1/3 offset  Mortars to Special 
Hazardsd 
in. mm ft m ft m ft m ft m 
<3 <76 300 92 150 46 100 31 300 92 
3 76 600 183 300 92 200 61 600 183 
4 102 800 244 400 122 266 81 800 244 
5 127 1000  305 500 152 334 102 1000  305 
6 152 1200  366 600 183 400 122 1200  366 
7 178 1400  427 700 213 467 142 1400  427 
8 203 1600  488 800 244 534 163 1600  488 
10 254 2000  610 1000  305 667 203 2000  610 
12 305 2400  732 1200  366 800 244 2400  732 
>12 Requires the approval of the fire official  
a Aerial shells, mines, and comets shall be classified and described only in terms of the inside diameter of the mortar from 
which they are fired (e.g., 3 -in. (76 -mm) aerial shells, mines and comets are only for use in 3 -in. (76mm) mortars).  
b Where the mor tars are positioned vertically, the mortars shall be placed at the approximate center of the display site.  
c Mortars shall be permitted to be angled during a display to allow for wind and to carry shells away from the main spectator 
viewing areas. For ang led mortars, the minimum secured diameter of the display site does not change. Only the location of 
the mortars within the secured area changes when the mortars are angled.  
d Note that this is only the distance to the special hazards. The minimum secured diameter of the display site does not change.  
W. Add Sections 5608.4.1 and 5608.4.2 to read:  
5608.4.1 . Non-splitting, non -bursting comets and mines. 
For non -splitting or non -bursting comets and mines 
containing only stars or non -splitting or non -bursting 
comets, the minimum required radius of the display site 
shall be 50 feet per inch (15.24 m per 25.4 mm) of the 
internal mortar diameter of the largest comet or mine to be 
fired, one -half that shown in Table 5608.4.  
5608.4.2 . Special distance requirements. The minimum 
distance requirements of Table 5608.4 shall be adjusted as 
follows:  
1. For chain -fused aerial shells and comets and mines to 
be fired from mortars, racks, or other holders that are 
sufficiently strong to prevent their being repositioned in 
the event of an explosive malfunction of the aerial shells, 
comets, or mines, the minimum required radius shall be 
the same as that required in Sections 5608.4 and 
5608.4.1. For chain -fused aerial shells and comets and mines to be fired from mortars, racks, or other holders 
that are not sufficiently strong to prevent their being 
repositioned in the event of an explosive malfunction of 
the aerial shells, comets, or mines, or if there is doubt 
concerning the strength of racks holdi ng chain -fused 
mortars, based upon the largest mortar in the sequence, 
the minimum required radius shall be double that 
required in Sections 5608.4 and 5608.4.1.  
2. Distances from the point of discharge of any firework 
to a health care or detention and cor rectional facility, or 
the bulk storage of materials that have flammability, 
explosive, or toxic hazard shall be at least twice the 
distances specified in Table 5608.4.  
3. The minimum required spectator separation distance 
for roman candles and cakes that produce aerial shells, 
comets, or mine effects shall be the same as the 
minimum required radius specified in Table 5608.4.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1516  4. Aerial shells, comets and mines, and roman candles 
and cakes shall be permitted to be angled if the dud shells 
or components are c arried away from the main spectator 
area and either of the following requirements is satisfied:  
4.1. The offset specified in Table 5608.4 is followed.  
4.2. The separation distance is correspondingly increased 
in the direction of the angle.  
If the offset pr ovided in Table 5608.4 is followed, the 
mortars or tubes shall be angled so that any dud shells or 
components fall at a point approximately equal to the 
offset of the mortars or tubes from the otherwise required 
discharge point but in the opposite directio n. 
13VAC5 -51-151. IFC Chapter 57 . Flammable and 
Combustible Liquids.  
A. Add Section 5701.1.1 to read:  
5701.1.1 . Other regulations. Provisions of the Virginia 
State Water Control Board regulations 9VAC25 -91 and 
9VAC25 -580 addressing the maintenance and oper ational 
aspects of underground and aboveground storage tanks 
subject to those regulations are hereby incorporated by 
reference to be an enforceable part of this code. Where 
differences occur between the provisions of this code and 
the incorporated provisio ns of the State Water Control 
Board regulations, the provisions of the State Water 
Control Board regulations shall apply.  
Note: For requirements for the installation, repair, upgrade 
and closure of such tanks, see Section 414.6.2 of the 
USBC, Part I, Const ruction.  
B. Change Section 5701.4 to read:  
5701.4 . Permits. Permits shall be required as set forth in 
Section 107.2.  
C. Add the following exception to Section 5704.2.13.1.3 to 
read:  
Exception: Underground storage tanks subject to the 
Virginia State Water Control Board regulation 9VAC25 -
580. 
13VAC5 -51-151.5. IFC Chapter 58 . Flammable Gases and 
Flammable Cryogenic Fluids.  
Change Section 5801.2 to read:  
5801.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-152.5. IFC Chapter 59 . Flammable Solids.  
Change Section 5901.2 to read:  
5901.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-153. IFC Chapter 60 . Highly Toxic and Toxic 
Materials.  
Change Section 6001.2 to read:  
6001.2 . Permits. Permits shall be re quired as set forth in 
Section 107.2.  13VAC5 -51-154. IFC Chapter 61 . Liquefied Petroleum 
Gases.  
A. Change Section 6101.2 to read:  
6101.2 . Permits. Permits shall be required as set forth in 
Section 107.2. Distributors shall not fill an LP -gas 
container for which a permit is required unless a permit for 
installation has been issued for that location by the fire 
code official, except when the container is for temporary 
use on construction sites.  
B. Add Section 6106.4 to read:  
6106.4 . DOTn cylinders filled on site. DOTn cylinders in 
stationary service that are filled on site and therefore are 
not under the jurisdiction of DOTn either shall be 
requalified in accordance with DOTn requirements or shall 
be visually inspected within 12 years of the date of 
manufacture or within five years from May 1, 2008, 
whichever is later, and within every five years thereafter, 
in accordance with the following:  
1. Any cylinder that fails one or more of the criteria in Item 
3 shall not be refilled or continued in service until the 
condition is corrected.  
2. Personnel shall be trained and qualified to perform 
inspections.  
3. Visual inspection shall be performed in ac cordance with 
the following:  
3.1. The cylinder is checked for exposure to fire, dents, 
cuts, digs, gouges, and corrosion according to CGA C -6, 
Standards for Visual Inspection of Steel Compressed Gas 
Cylinders, except that paragraph 4.2.1(1) of that standar d 
(which requires tare weight certification), shall not be 
part of the required inspection criteria.  
3.2. The cylinder protective collar (where utilized) and 
the foot ring are intact and are firmly attached.  
3.3. The cylinder is painted or coated to retard  corrosion.  
3.4. The cylinder pressure relief valve indicates no 
visible damage, corrosion of operating components, or 
obstructions.  
3.5. There is no leakage from the cylinder or its 
appurtenances that is detectable without the use of 
instruments.  
3.6. The  cylinder is installed on a firm foundation and is 
not in contact with the soil.  
3.7. A cylinder that passed the visual inspection shall be 
marked with the month and year of the examination 
followed by the letter "E" (example: 10 -01E, indicating 
requalific ation in October 2001 by the external 
inspection method).  
3.8. The results of the visual inspection shall be 
documented, and a record of the inspection shall be 
retained for a five -year period.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1517 Exception: Any inspection procedure outlined in Items 3.1 
through 3.8 that would require a cylinder be moved in such 
a manner that disconnection from the piping system would 
be necessary shall be omitted, provided the other 
inspection results do not indicate further inspection is 
warranted.  
C. Change Section 6111.2 t o read:  
6111.2 . Unattended parking. The unattended parking of 
LP-gas tank vehicles shall be in accordance with Sections 
6111.2.1 and 6111.2.2.  
Exception: The unattended outdoor parking of LP -gas tank 
vehicles may also be in accordance with Section 9.7.2 of  
NFPA 58.  
 13VAC5 -51-154.2. IFC Chapter 62 . Organic Peroxides.  
Change Section 6201.2 to read:  
6201.2 . Permits. Permits shall be required for organic 
peroxides as set forth in Section 107.2.  
13VAC5 -51-154.4. IFC Chapter 63 . Oxidizers, Oxidizing 
Gases and O xidizing Cryogenic Fluids.  
Change Section 6301.2 to read:  
6301.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
 13VAC5 -51-154.6. IFC Chapter 64 . Pyrophoric 
Materials.  
Change Section 6401.2 to read:  
6401.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-154.7. IFC Chapter 65 . Pyroxylin (Cellulose 
Nitrate) Plastics.  
Change Section 6501.2 to read:  
6501.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-154.8. IFC Chapter 66 . Unstable (Reactive) 
Materials.  
Change Section 6601.2 to read:  
6601.2 . Permits. Permits shall be required as set forth in 
Section 107.2.  
13VAC5 -51-155. IFC Chapter 80 . Referenced Standards.  
Change the referenced standards as follows (s tandards not 
shown remain the same):  
Standard 
reference 
number  Title  Referenced in 
code section 
number  
CGA C -6 
(2001)  Standards for 
Visual Inspection 
of Steel 
Compressed Gas 
Cylinders  6106.4  NFPA 45 -15 Standard on Fire 
Protection for 
Laboratories 
Using Chemicals  5001.7.5, 
5001.7.10, 
5001.7.11  
UL 87A -12 Outline of 
Investigation for 
Power -Operated 
Dispensing 
Devices for 
Gasoline and 
Gasoline/ethanol 
Blends with 
Nominal Ethanol 
Concentrations up 
to 85 Percent  2306.8.1  
UL 1278 -00 Standard for 
Movable and 
Wall - or Ceiling -
Hung Electric 
Room Heaters  605.10.1  
UL 1805 -2002  Standard for 
Laboratory Hoods 
and Cabinets  5001.7.11  
DOCUMENTS INCORPORATED BY REFERENCE 
(13VAC5 -51)  
The International Fire Code – 2012 Edition,  International 
Code Council, Inc., 500 New Jersey Avenue, NW, 6th Floor, 
Washington, DC 20001 -2070 (http://www.iccsafe.org):  
International Fire Code - 2015 Edition  
International Residential Code - 2015 Edition  
CGA C -6 – 2001, Standards for Visual Inspectio n of Steel 
Compressed Gas Cylinders, Eighth Edition, Compressed Gas 
Association, 1725 Jefferson Davis Highway, 5th Floor, 
Arlington, VA 22202 -4102  
National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA 02169 -7471 ( http://www.nfpa.org ): 
NFPA 45 -15, Standard on Fire Protection for Laboratories 
Using Chemicals  
NFPA 58 -11, Liquefied Petroleum Gas Code  
NFPA 70-11 70-14, National Electrical Code  
NFPA 72-10 72-13, National Fire Alarm and Signaling 
Code  
NFPA 495-10 495-13, Explosives Materials Code  
NFPA 701 -10, Standard Methods of Fire Tests for Flame - 
Propagation of Textiles and Films  
NFPA 1123 -10 1123 -14, Code for Fireworks Display  
NFPA 1124 -06, Code for the Manufacture, Transportation, 
Storage, and Retail Sales of Fireworks and Pyrotechnic 
Articles  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1518  NFPA 1126 -11, Standard for the Use of Pyrotechnics 
Before a Proximate Audience  
Underwriters Laboratories, Inc., 333 Pfingsten Road, 
Northbrook, IL 60062 ( http://www.ul.com ): 
UL 8 7A-12, Outline of Investigation for Power -Operated 
Dispensing Devices for Gasoline and Gasoline/ethanol 
Blends with Nominal Ethanol Concentrations up to 85 
Percent  
UL 1278 –00, Standard for Movable and Wall - or Ceiling -
Hung Electric Room Heaters, Third Edit ion, June 21, 2000  
UL 1805 -2002, Standard for Laboratory Hoods and 
Cabinets  
VA.R. Doc. No. R16 -4665; Filed January 20, 2017, 2:39 p.m.  
Proposed Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from 
Article 2 of the Administrative Process Act pursuant to §  2.2-
4006 A 12 of the Code of Virginia, which excludes 
regulations adopted by the Board of Housing and Community 
Development pursuant to the Statewide Fire Prevention Code 
(§ 27-94 et seq.), the Indust rialized Building Safety Law 
(§ 36-70 et seq.), the Uniform Statewide Building Code 
(§ 36-97 et seq.), and §  36-98.3 of the Code of Virginia, 
provided the board (i) provides a Notice of Intended 
Regulatory Action in conformance with the provisions of 
§ 2.2-4007.01, (ii) publishes the proposed regulation and 
provides an opportunity for oral and written comments as 
provided in §  2.2-4007.03, and (iii) conducts at least one 
public hearing as provided in §  § 2.2-4009 and 36 -100 prior 
to the publishing of the pr oposed regulations.  
Title of Regulation:  13VAC5 -63. Virginia Uniform 
Statewide Building Code  (amending 13VAC5 -63-10 
through 13VAC5 -63-50, 13VAC5 -63-70, 13VAC5 -63-80, 
13VAC5 -63-170, 13VAC5 -63-200, 13VAC5 -63-210, 
13VAC5 -63-220, 13VAC5 -63-230 through 13VAC5 -63-
264, 13VAC5 -63-270 through 13VAC5 -63-330, 13VAC5 -
63-360, 13VAC5 -63-370, 13VAC5 -63-400, 13VAC5 -63-
410, 13VAC5 -63-430, 13VAC5 -63-434, 13VAC5 -63-440, 
13VAC5 -63-450, 13VAC5 -63-470, 13VAC5 -63-480, 
13VAC5 -63-490, 13VAC5 -63-510 through 13VAC5 -63-
540; adding 13VAC5 -63-268, 13VAC5 -63-431, 13VAC5 -
63-432.5, 13VAC5 -63-433, 13VAC5 -63-433.5, 13VAC5 -63-
434.5, 13VAC5 -63-435, 13VAC5 -63-439, 13VAC5 -63-524, 
13VAC5 -63-545, 13VAC5 -63-549; repea ling 13VAC5 -63-
225, 13VAC5 -63-350).  
Statutory Authority:  § 36-98 of the Code of Virginia.  
Public Hearing Information:  
May 15, 2017 - 10 a.m. - Virginia Housing Development 
Authority Virginia Housing Center, 4224 Cox Road, 
Glen Allen, VA 23060  
Public Commen t Deadline:  April 21, 2017.  Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legislative Director, Department of Housing and Community 
Development, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@dhcd.virginia.gov.  
Background:  The Virginia Uniform Statewide Building Code 
(USBC) governs the construction, maintenance, and 
rehabilitation of new and existing building and structures. 
The USBC uses nationally recognized model building co des 
and standards produced by the International Code Council 
and other standard -writing groups 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 Hous ing and Community Development 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 affected client groups 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 to develop consensus recommendations, 
when possible, concerning submitted proposals. 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 w orkgroup 
meetings are completed, the board holds a series of meetings 
to consider each proposal, and the approved proposals are 
incorporated into the proposed regulation. After publication 
of the proposed regulation, the board establishes a comment 
period for the acceptance of comments on amendments 
reflected in the proposed regulation, and an additional public 
hearing is held. The board then meets to consider proposals 
and public comments and develops a final regulation to 
complete the regulatory process.  
Summary:  
The proposed regulatory action incorporates the newest 
editions of the nationally recognized model codes, 
produced by the International Code Council (ICC) and 
other standard -writing groups, into the Virginia Uniform 
Statewide Building Code (USBC) . 
The proposed substantive amendments in this regulatory 
action include the following:  
13VAC5 -63-10 A and B: Updates the incorporation by 
reference to the latest ICC International Codes and 
standards.  
13VAC5 -63-20: Clarification of the exemption in the 
USBC for public utilities to include wiring and equipment 
of telecommunication (cellular telephone) companies. In 
addition, a new exemption for conveyor systems is added in 
subdivision D 3, as such equipm ent is not part of a 
building and therefore not within the scope of the USBC.