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 13VAC5-52-120 - Section 112 Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  112.1 Local Board of Fire Prevention Code Appeals (LBFPCA). Each local
				  governing body that enforces the SFPC shall have a LBFPCA to hear appeals as
				  authorized herein or it shall enter into an agreement with the governing body
				  of another county or municipality, with some other agency, or with a state
				  agency approved by the DHCD to act on appeals. An appeal case decided by some
				  other approved agency shall constitute an appeal in accordance with this
				  section and shall be final unless appealed to the State Review Board.
B. 112.2 Membership. The LBFPCA shall consist
				  of at least five members appointed by the local governing body and having terms
				  of office established by written policy. Alternate members may be appointed to
				  serve in the absence of any regular members and, as such, shall have the full
				  power and authority of the regular members. Regular and alternate members may
				  be reappointed. Written records of current membership, including a record of
				  the current chairman and secretary, shall be maintained in the office of the
				  local governing body. In order to provide continuity, the terms of the members
				  may be of different length so that less than half will expire in any one-year
				  period. The LBFPCA shall meet as necessary to ensure a duly constituted board,
				  appoint officers as necessary, and receive such training on the code as may be
				  appropriate or necessary from staff of the locality.
C. 112.2.1 Chairman. The LBFPCA shall
				  annually select one of its regular members to serve as chairman. In case of the
				  absence of the chairman at a hearing, the members present shall select an
				  acting chairman.
D. 112.2.2
				  Secretary. The local governing body shall appoint a secretary to the LBFPCA to
				  maintain a detailed record of all proceedings.
E. 112.3 Qualifications of members LBFPCA.
				  Members shall be selected by the local governing body on the basis of their
				  ability to render fair and competent decisions regarding application of the
				  SFPC and shall, to the extent possible, represent different occupational or
				  professional fields relating to building construction or fire prevention. At
				  least one member should be an experienced builder and one member a licensed
				  professional engineer or architect. Employees or officials of the local
				  governing body shall not serve as members of the LBFPCA.
F. 112.4 Disqualification of member. A member
				  shall not hear an appeal in which that member has conflict of interest in
				  accordance with the State and Local Government Conflict of Interests Act,
				  Chapter 31 (§
										2.2-3100 et seq.) of Title 2.2 of
				  the Code of Virginia.
G. 112.5
				  Application for appeal. The owner of a structure, the owner's agent, or any
				  other person involved in the maintenance of the structure or activity may
				  appeal a decision of the fire official concerning the application of the SFPC
				  or the fire official's refusal to grant modification under Section 106.5 to the
				  provisions of the SFPC. The appeal shall first lie to the LBFPCA and then to
				  the State Review Board, except that appeals concerning the application of the
				  SFPC or refusal to grant modifications by the State Fire Marshal shall be made
				  directly to the State Review Board. The appeal shall be submitted to the LBFPCA
				  within 14 calendar days of the application of the SFPC. The application shall
				  contain the name and address of the owner of the structure and the person
				  appealing if not the owner. A copy of the written decision of the fire official
				  shall be submitted along with the application for appeal and maintained as part
				  of the record. The application shall be stamped or otherwise marked by the
				  LBFPCA to indicate the date received. Failure to submit an application for
				  appeal within the time limit established by this section shall constitute
				  acceptance of the fire official's decision.
Note: In accordance with §
											27-98 of the Code of Virginia, any
					 local fire code may provide for an appeal to a local board of appeals. If no
					 local board of appeals exists, the State Review Board shall hear appeals of any
					 local fire code violation.
H. 112.6 Notice of meeting. The LBFPCA shall
				  meet within 30 calendar days after the date of receipt of the application for
				  appeal. Notice indicating the time and place of the hearing shall be sent to
				  the parties in writing to the addresses listed on the application at least 14
				  calendar days prior to the date of the hearing. Less notice may be given if
				  agreed upon by the applicant.
I.
				  112.7 Hearing procedures. All hearings before the LBFPCA shall be open to the
				  public. The appellant, the appellant's representative, the local governing
				  body's representative, and any person whose interests are affected shall be
				  given an opportunity to be heard. The chairman shall have the power and duty to
				  direct the hearing, rule upon the acceptance of evidence, and oversee the
				  record of all proceedings.
J.
				  112.7.1 Postponement. When a quorum of the LBFPCA is not present to hear an
				  appeal, either the appellant or the appellant's representative shall have the
				  right to request a postponement of the hearing. The LBFPCA shall reschedule the
				  appeal within 30 calendar days of the postponement.
K. 112.8 Decision. The LBFPCA shall have the
				  power to uphold, reverse or modify the decision of the fire official by a
				  concurring vote of a majority of those present. Decisions of the LBFPCA shall
				  be final if no appeal is made therefrom and the appellant and the fire official
				  shall act accordingly.
L. 112.8.1
				  Resolution. The LBFPCA's decision shall be explained in writing, signed by the
				  chairman, and retained as part of the record by the LBFPCA. Copies of the
				  written decision shall be furnished to all parties. The following wording shall
				  be part of the written decision: "Any person who was a party to the appeal may
				  appeal to the State Building Code Technical Review Board (State Review Board)
				  by submitting an application to the State Review Board within 21 calendar days
				  upon receipt by certified mail of the written decision. Application forms are
				  available from the Office of the State Review Board, 600 East Main Street,
				  Richmond, Virginia 23219, (804) 371-7150."
M. 112.9 Appeal to the State Review Board.
				  After final determination by the LBFPCA, any person who was a party to the
				  local appeal may appeal to the State Review Board. In accordance with §
										36-114 of the Code of Virginia,
				  the State Review Board shall have the power and duty to hear all appeals from
				  decisions arising under the application of the SFPC and to render its decision
				  on any such appeal, which decision shall be final if no appeal is made
				  therefrom. Application shall be made to the State Review Board within 21
				  calendar days of receipt of the decision to be appealed. Application for appeal
				  to the State Review Board arising from the SFMO's enforcement of the code or
				  from any local fire code violation if no local board of appeals exists shall be
				  made to the State Review Board within 14 calendar days of receipt of the
				  decision to be appealed and shall be accompanied by copies of the fire
				  official's decision and the written decision of the LBFPCA shall be submitted
				  with the application for appeal. Upon request by the office of the State Review
				  Board, the LBFPCA shall submit a copy of all inspection reports and all
				  pertinent information from the record of the LBFPCA. Failure to submit an
				  application for appeal within the time limit established by this section shall
				  constitute an acceptance of the LBFPCA's resolution or fire official's
				  decision. Procedures of the State Review Board are in accordance with Article 2
				  (§
										36-108 et seq.) of Chapter 6 of
				  Title 36 of the Code of Virginia.
N. 112.10 Hearing and decision. All hearings
				  before the State Review Board shall be open meetings, and the chair shall have
				  the power and duty to direct the hearing, rule upon the acceptance of evidence,
				  and oversee the record of all proceedings. The State Review Board shall have
				  the power to uphold, reverse, or modify the decision of the LBFPCA by a
				  concurring vote of a majority of those present. Proceedings of the State Review
				  Board shall be governed by the provisions of the Administrative Process Act
				  (§
										2.2-4000 et seq. of the Code of
				  Virginia), except that an informal conference pursuant to §
										2.2-4019 of the Code of Virginia
				  shall not be required. Decisions of the State Review Board shall be final if no
				  further appeal is made. The decision of the State Review Board shall be
				  explained in writing, signed by the chair, and retained as part of the record
				  of the appeal. Copies of the written decision shall be sent to all parties by
				  certified mail. In addition, the written decision shall contain the following
				  wording: "As provided by Rule 2A:2 of the Supreme Court of Virginia, you have
				  thirty (30) days from the date of service (the date you actually received this
				  decision or the date it was mailed to you, whichever occurred first) within
				  which to appeal this decision by filing a Notice of Appeal with the Secretary
				  of the Review Board. In the event that this decision is served on you by mail,
				  three (3) days are added to that period."
Statutory Authority: §
												27-97 of the Code of
						Virginia.