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 13VAC5-52-50 - Section 105 Enforcing agency

Current through Register Vol. 40, No. 24, July 15, 2024
A. 105.1 Fire official. Each enforcing agency
				  shall have an executive official in charge, hereinafter referred to as the
				  "fire official."
Note: Fire officials are subject to sanctions in accordance
					 with the Virginia Certification Standards (13VAC5-21).
B. 105.1.1 Appointment. The fire official
				  shall be appointed in a manner selected by the local government having
				  jurisdiction. After permanent appointment, the fire official shall not be
				  removed from office except for cause after having been afforded a full
				  opportunity to be heard on specific and relevant charges by and before the
				  appointing authority.
C. 105.1.2
				  Notification of appointment. The appointing authority of the local governing
				  body shall notify the Department of Housing and Community Development (DHCD)
				  and the State Fire Marshal's Office (SFMO) within 30 days of the appointment or
				  release of the permanent or acting fire official.
D. 105.1.3 Qualifications. The fire official
				  shall have at least five years of fire-related experience as a firefighter,
				  fire officer, licensed professional engineer or architect, fire or building
				  inspector, contractor, or superintendent of fire protection-related or building
				  construction or at least five years of fire-related experience after obtaining
				  a degree in architecture or engineering, with at least three years in
				  responsible charge of work. Any combination of education and experience that
				  would confer equivalent knowledge and ability shall be deemed to satisfy this
				  requirement. The fire official shall have general knowledge of sound
				  engineering practice with respect to the design and construction of structures,
				  the basic principles of fire prevention and protection, the accepted
				  requirements for means of egress, and the installation of elevators and other
				  service equipment necessary for the health, safety, and general welfare of the
				  occupants and the public. The local governing body may establish additional
				  qualification requirements.
E.
				  105.2 Certification. The permanent or acting fire official shall obtain
				  certification from the BHCD in accordance with the Virginia Certification
				  Standards (13VAC5-21) within one year after permanent or acting appointment.
Exception: A fire official appointed prior to April 1,
					 1994, continuously employed by the same local governing body as the fire
					 official shall comply with required DHCD training under the Virginia
					 Certification Standards (13VAC5-21).
F. 105.2.1 Noncertified fire official. Except
				  for a fire official exempt from certification under the exception to Section
				  105.2, any acting or permanent fire official who is not certified as a fire
				  official in accordance with the Virginia Certification Standards (13VAC5-21)
				  shall attend the core module of the Virginia Building Code Academy or an
				  equivalent course in an individual or regional code academy accredited by DHCD
				  within 180 days of appointment. This requirement is in addition to meeting the
				  certification requirement in Section 105.2.
G. 105.3 Technical assistant. The local
				  governing body or its designee may utilize one or more technical assistants
				  who, in the absence of the fire official, shall have the powers and perform the
				  duties of the fire official.
Note: Technical assistants are subject to sanctions in
					 accordance with the Virginia Certification Standards (13VAC5-21).
H. 105.3.1 Notification. The fire
				  official shall notify the DHCD within 60 days of the employment, contract, or
				  termination of all technical assistants for enforcement of the SFPC.
I. 105.3.2 Qualifications. A technical
				  assistant shall have at least three years of experience and general knowledge
				  in at least one of the following areas: fire protection, firefighting,
				  electrical, building, plumbing, or mechanical trades. Any combination of
				  education and experience that would confer equivalent knowledge and ability
				  shall be deemed to satisfy this requirement. The locality may establish
				  additional qualification requirements.
J. 105.3.3 Certification. All technical
				  assistants employed by or under contract to an enforcing agency for enforcing
				  the SFPC shall be certified in the appropriate subject area in accordance with
				  the Virginia Certification Standards (13VAC5-21) within one and one-half years
				  after permanent or acting appointment. When required by a locality to have two
				  or more certifications, the remaining certifications shall be obtained within
				  three years from the date of such requirement.
Exception: Any technical assistant continuously employed by
					 or continuously under contract to the same enforcing agency for enforcing the
					 SFPC since before April 1, 1994, shall be exempt from the provisions of this
					 section; however, such exempt technical assistant shall comply with required
					 DHCD training under Virginia Certification Standards (13VAC5-21).
Note: Continuing education and periodic training
					 requirements for DHCD certifications are set out in the Virginia Certification
					 Standards (13VAC5-21).
K.
				  105.4 Control of conflict of interest. The standards of conduct for officials
				  and employees of the enforcing agency shall be in accordance with the
				  provisions of the State and Local Government Conflict of Interests Act, Chapter
				  31 (§
										2.2-3100 et seq.) of Title 2.2 of
				  the Code of Virginia.
Statutory Authority: §
												27-97 of the Code of
						Virginia.