Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 52 - Virginia Statewide Fire Prevention Code › Part II - Technical Amendments › Section 13VAC5-52-140 - IFC Section 202 Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Add the following definitions to read:
Applicable building code.The local or statewide building
					 code and referenced standards in effect at the time the building or portion
					 thereof was constructed, altered, renovated, or underwent a change of
					 occupancy. See Section 103 for the application of the code.
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 blaster can
					 fulfill the role of a designated individual on an application for permit to
					 manufacture, use, handle, store, or sell explosive materials.
Cooking tent. A structure, enclosure, or shelter, with or
					 without sidewalls or drops, constructed of fabric or pliable material supported
					 by any manner except by air or the contents that it protects and that contains
					 cooking equipment that utilize open flames or produce smoke or grease laden
					 vapors for the purpose of preparing and serving food to the public.
Design. For the purposes of a fireworks display, either
					 inside a building or structure or outdoors, design shall mean the
					 pyrotechnician who will be in attendance and makes the final artistic
					 determination for the placement 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 whom 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 safety
					 messages verbally and in writing in the English language.
DHCD. The Virginia Department of Housing and Community
					 Development.
Emergency supplemental hardware. Any approved hardware used
					 only for emergency events or drills to keep intruders from entering the room
					 during an active shooter or hostile threat event or drill.
Explosive manufacturing. Mixing, blending, extruding,
					 assembling articles, disassembling, chemical synthesis, and other functions
					 involved in making a product or device that is intended to explode.
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 state law.
Maintained. To keep unimpaired in an appropriate condition,
					 operation, and continuance as installed in accordance with the applicable
					 building code or as previously approved and in accordance with the applicable
					 operational and maintenance provisions of this code.
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 of entertainment; serves alcoholic beverages; and provides music
					 and space for dancing.
Outdoor fireplace. A portable or permanent, outdoor,
					 solid-fuel-burning fireplace that may be constructed of steel, concrete, clay,
					 or other noncombustible material. An outdoor fireplace may be open in design
					 with a spark arrester or may be equipped with a small hearth opening and a
					 short chimney or chimney opening in the top with a combustion chamber of not
					 more than 36 inches in diameter by 24 inches in height size.
Permissible fireworks. Any fountains that do not emit
					 sparks or other burning effects to a distance greater than five meters (16.4
					 feet); wheels that do not emit a flame radius greater than one meter (39
					 inches); crackling devices and flashers or strobes that do not emit sparks or
					 other burning effects to a distance greater than two meters (78.74 inches); and
					 sparkling devices or other fireworks devices that (i) do not explode or produce
					 a report, (ii) do not travel horizontally or vertically under their own power,
					 (iii) do not emit or function as a projectile, (iv) do not produce a continuous
					 flame longer than 20 inches, (v) are not capable of being reloaded, and (vi) if
					 designed to be ignited by a fuse, have a fuse that is protected to resist side
					 ignition and a burning time of not less than four seconds and not more than
					 eight seconds.
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 the use of pyrotechnics
					 before a proximate audience.
Reactive target. A target designator intended to be shot at
					 with a firearm and is purchased or obtained through a commercial or retail
					 outlet and is comprised of two or more components in presized quantities of one
					 pound (0.453592 kg) or less that are advertised, and the two are sold together
					 with instructions on how to combine the components or create a target that
					 explodes upon impact. Also known as exploding targets.
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.
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.
Restricted explosives manufacturing. When an individual is
					 engaged in the incidental manufacture or production of explosive materials
					 composed of commercially available components that are packaged or marketed for
					 the purpose of producing explosive materials, including reactive targets, at a
					 location not within the definition of unrestricted explosives manufacture; is
					 for immediate use at the site of incidental explosives manufacturing or
					 production without residual storage; and does not involve or include the bulk
					 mixing and delivery vehicles that are within the scope of NFPA 495.
Sole proprietor. A person or individual, not a corporation,
					 who is trading under the person's or individual's 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.
State Fire Marshal. The State Fire Marshal as provided for
					 by §
												9.1-206 of the Code of
					 Virginia.
State regulated care facility or SRCF. A building 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, the
					 Virginia Department of Health, 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 laboratory. 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.
Unrestricted explosives manufacturing. When any company,
					 person, or group of persons is engaged in the business of manufacturing or
					 producing explosive materials at a fixed site or facility for the purpose of
					 commercial sale, use, or distribution of explosives.
USBC. The Virginia Uniform Statewide Building Code
					 (13VAC5-63).