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 13VAC5-52-90 - Section 109 Inspection

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  109.1 Inspection. The fire official may inspect all structures and premises for
				  the purposes of ascertaining and causing to be corrected any conditions liable
				  to cause fire, contribute to the spread of fire, interfere with firefighting
				  operations, or endanger life or for any violations of the provisions or intent
				  of the SFPC.
Exception: Single-family dwellings and dwelling units in
					 two-family and multiple-family dwellings and farm structures shall be exempt
					 from routine inspections. This exemption shall not preclude the fire official
					 from conducting routine inspections in Group R-3 or Group R-5 occupancies
					 operating as a commercial bed and breakfast as outlined in Section 310.2 of the
					 USBC or inspecting under §
											27-98.2 of the Code of Virginia
					 for hazardous conditions relating to explosives, flammable and combustible
					 conditions, and hazardous materials.
B. 109.1.1 Right to entry. The fire official
				  may enter any structure or premises at any reasonable time to inspect subject
				  to constitutional restrictions on unreasonable searches and seizures. If entry
				  is refused or not obtained, the fire official may pursue recourse as provided
				  by law.
Note: Specific authorization and procedures for inspections
					 and issuing warrants are set out in §§
											27-98.1 through
					 27-98.5 of the Code of Virginia
					 and shall be taken into consideration.
C. 109.1.2 Credentials. The fire official and
				  technical assistants shall carry proper credentials of office when inspecting
				  in the performance of their duties under the SFPC.
D. 109.2 Coordinated inspections. The fire
				  official shall coordinate inspections and administrative orders with any other
				  state and local agencies having related inspection authority and shall
				  coordinate those inspections required by the USBC for new construction when
				  involving provisions of the amended IFC so that the owners and occupants will
				  not be subjected to numerous inspections or conflicting orders.
Note: The USBC requires the building official to coordinate
					 such inspections with the fire official.
E. 109.3 Other inspections. In accordance
				  with §
										9.1-207 of the Code of Virginia,
				  the State Fire Marshal, upon presenting proper credentials, shall make annual
				  inspections for hazards incident to fire in all (i) residential care facilities
				  operated by any state agency; (ii) assisted living facilities licensed or
				  subject to licensure pursuant to Chapter 18 (§
										63.2-1800 et seq.) of Title 63.2
				  of the Code of Virginia that are not inspected by a local fire marshal; (iii)
				  student residence facilities owned or operated by the public institutions of
				  higher education in the Commonwealth; and (iv) public schools in the
				  Commonwealth that are not inspected by a local fire marshal. In the event that
				  any such facility or residence is found to be nonconforming to the SFPC, the
				  State Fire Marshal or local fire marshal may petition any court of competent
				  jurisdiction for the issuance of an injunction.
Statutory Authority: §
												27-97 of the Code of
						Virginia.