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 13VAC5-52-60 - Section 106 Duties and powers of the fire official

Current through Register Vol. 40, No. 24, July 15, 2024
A. 106.1 General. The fire official shall
				  enforce the provisions of the SFPC as provided herein and as interpreted by the
				  State Review Board in accordance with §
										36-118 of the Code of
				  Virginia.
B. 106.2 Delegation of
				  duties and powers. The fire official may delegate duties and powers subject to
				  any limitations imposed by the local governing body. The fire official shall be
				  responsible that any powers and duties delegated are carried out in accordance
				  with this code.
C. 106.3
				  Inspections. The fire official is authorized to conduct such inspections as are
				  deemed necessary to determine the extent of compliance with the provisions of
				  this code and to approve reports of inspection by approved agencies or
				  individuals in accordance with the fire official's written policy. All reports
				  of such inspections by approved agencies or individuals shall be prepared and
				  submitted in writing for review and approval. Inspection reports shall be
				  certified by a responsible officer of such approved agency or by the
				  responsible individual. The fire official is authorized to engage such expert
				  opinion as deemed necessary to report upon unusual, detailed, or complex
				  technical issues in accordance with local policies.
D. 106.3.1 Observations. When, during an
				  inspection, the fire official or an authorized representative observes an
				  apparent or actual violation of another law, ordinance, or code not within the
				  official's authority to enforce, such official shall report the findings to the
				  official having jurisdiction in order that such official may institute the
				  necessary measures.
E. 106.4
				  Alternatives. The SFPC provisions are not intended to prevent the use of any
				  safeguards used to protect life and property from the hazards of fire or
				  explosion that are not specifically prescribed by the SFPC, provided that such
				  alternative safeguards comply with the intent of the SFPC. The alternative
				  safeguard offered shall be, for the purpose intended, at least the equivalent
				  of that prescribed in this code in quality, strength, effectiveness, fire
				  resistance, durability, and safety.
F. 106.5 Modifications. The fire official may
				  grant modifications to any provision of the SFPC upon application by the owner
				  or the owner's agent provided the spirit and intent of the SFPC are observed
				  and public health, welfare, and safety are assured.
Note: The current editions of many nationally recognized
					 model codes and standards are referenced by the SFPC. Future amendments to such
					 codes and standards do not automatically become part of the SFPC; however, the
					 fire official should consider such amendments in deciding whether a
					 modification request should be granted.
G. 106.5.1 Supporting data. The fire official
				  shall require that sufficient technical data be submitted to substantiate the
				  proposed use of any alternative. If it is determined that the evidence
				  presented is satisfactory proof of performance for the use intended, the fire
				  official shall approve the use of such alternative subject to the requirements
				  of this code. The fire official may require and consider a statement from a
				  professional engineer, architect, or other competent person as to the
				  equivalency of the proposed modification.
H. 106.5.2 Decision. The application for
				  modification and the final decision of the fire official shall be in writing
				  and shall be recorded in the permanent records of the local enforcing
				  agency.
I. 106.6 Notices and
				  orders. The fire official shall issue all necessary notices or orders to ensure
				  compliance with the SFPC.
J. 106.7
				  Department records. The fire official shall keep official records of
				  applications received, permits and certificates issued, fees collected, reports
				  of inspections, and notices and orders issued. Such records shall be retained
				  in the official records or disposed of in accordance with General Schedule
				  Number Seventeen available from The Library of Virginia.
Statutory Authority: §
												27-97 of the Code of
						Virginia.