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 13VAC5-52-40 - Section 104 Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
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
				  hazardous materials and (ii) assign enforcement responsibility to any local
				  agency 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 any agency 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.
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 requirements
				  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 Marshal 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 such 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, the
				  fire official's findings and recommendations, including 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 to the State Fire Marshal. Such agency, commission, or
				  institution shall 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 power 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.
Statutory Authority: §
												27-97 of the Code of
						Virginia.