Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 52 - Virginia Statewide Fire Prevention Code › Part I - General Regulations › Section 13VAC5-52-70 - Section 107 Permits and fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. 107.1 Prior notification. The fire
				  official may require notification prior to (i) activities involving the
				  handling, storage, or use of substances, materials, or devices regulated by the
				  SFPC; (ii) conducting processes that produce conditions hazardous to life or
				  property; or (iii) establishing a place of assembly.
B. 107.2 Permits required. Operational
				  permits may be required by the fire official as permitted under the SFPC in
				  accordance with Table 107.2, except that the fire official shall require
				  permits for the manufacturing, storage, handling, use, and sale of explosives.
				  In accordance with Section 5601.2.3.1, an application for a permit to
				  manufacture, store, handle, use, or sell explosives shall only be made by a
				  designated individual.
Exception: Such permits shall not be required for the
					 storage of explosives or blasting agents by the Virginia Department of State
					 Police, provided notification to the fire official is made annually by the
					 Chief Arson Investigator listing all storage locations.
C. Add Table 107.2 as follows:
EDITOR'S NOTE: Table 107.2 has not been amended
								since being published in the proposed regulation in 39:14 VA.R. 1707-1856
								February 27, 2023; therefore Table 107.2 is not set out.
D.
				  107.3 Application for permit. Application for a permit shall be made on forms
				  prescribed by the fire official.
E.
				  107.4 Issuance of permits. Before a permit is issued, the fire official shall
				  make such inspections or tests as are necessary to ensure that the use and
				  activities for which application is made comply with the provisions of this
				  code.
F. 107.5 Conditions of
				  permit. A permit shall constitute permission to store or handle materials or to
				  conduct processes in accordance with the SFPC and shall not be construed as
				  authority to omit or amend any of the provisions of this code. Permits shall
				  remain in effect until revoked or for such period as specified on the permit.
				  Permits are not transferable.
G.
				  107.6 Annual. The enforcing agency may issue annual permits for the
				  manufacturing, storage, handling, use, or sales of explosives to any state
				  regulated public utility.
H. 107.7
				  Approved plans. Plans approved by the fire official are approved with the
				  intent that they comply in all respects to this code. Any omissions or errors
				  on the plans do not relieve the applicant of complying with all applicable
				  requirements of this code.
I. 107.8
				  Posting. Issued permits shall be kept on the premises designated therein at all
				  times and shall be readily available for inspection by the fire
				  official.
J. 107.9 Suspension of
				  permit. A permit shall become invalid if the authorized activity is not
				  commenced within six months after issuance of the permit or if the authorized
				  activity is suspended or abandoned for a period of six months after the time of
				  commencement.
K. 107.10 Local fees.
				  In accordance with §
										27-98 of the Code of Virginia,
				  fees may be levied by the local governing body in order to defray the cost of
				  enforcement and appeals under the SFPC. However, for the city of Chesapeake no
				  fee charged for the inspection of any place of religious worship designated as
				  Assembly Group A-3 shall exceed $50. For purposes of this section, "defray the
				  cost" may include the fair and reasonable costs incurred for such enforcement
				  during normal business hours but shall not include overtime costs, unless
				  conducted outside of the normal working hours established by the locality. A
				  schedule of such costs shall be adopted by the local governing body in a local
				  ordinance. A locality shall not charge an overtime rate for inspections
				  conducted during the normal business hours established by the locality. Nothing
				  herein shall be construed to prohibit a private entity from conducting such
				  inspections, provided the private entity has been approved to perform such
				  inspections in accordance with the written policy of the fire official for the
				  locality.
L. 107.11 State Fire
				  Marshal's Office permit fees for explosives, blasting agents, theatrical flame
				  effects, and fireworks. Complete permit applications shall be submitted to and
				  received by the State Fire Marshal's Office not less than 15 days prior to the
				  planned use or event. A $500 expedited handling fee will be assessed on all
				  permit applications submitted less than 15 days prior to the planned use or
				  event. Inspection fees will be assessed at a rate of $60 per staff member per
				  hour during normal business hours (Monday through Friday, 8:30 a.m. to 4:30
				  p.m.) and at a rate of $90 per hour at all other times (nights, weekends,
				  holidays). State Fire Marshal's Office permit fees shall be as follows:
1. Storage of explosives and blasting agents,
				  12-month permit $250 first magazine, plus $150 per each additional magazine on
				  the same site.
2. Use of explosives
				  and blasting agents, nonfixed site, six-month permit $250 per site, plus
				  inspection fees.
3. Use of
				  explosives and blasting agents, fixed site, 12-month permit $250 per
				  site.
4. Sale of explosives and
				  blasting agents, 12-month permit $250 per site.
5. Manufacture explosives (unrestricted),
				  blasting agents, and fireworks, 12-month permit $250 per site.
6. Manufacture explosives (restricted),
				  12-month permit $20 per site.
7.
				  Fireworks display in or on state-owned property $300 plus inspection
				  fees.
8. Pyrotechnics or proximate
				  audience displays in or on state-owned property $300 plus inspection
				  fees.
9. Flame effects in or on
				  state-owned property $300 plus inspection fees.
10. Flame effects incidental to a permitted
				  pyrotechnics display $150 (flame effects must be individual or group effects
				  that are attended and manually controlled).
Exception: Permit fees shall not be required for the
					 storage of explosives or blasting agents by state and local law-enforcement and
					 fire agencies.