Chapter 15.25
FIRE PREVENTION CODE*
Sections:
15.25.010 Adopted – Purpose – Etc.
15.25.015 Amendments and additions.
15.25.020 Availability of copies.
15.25.031 Appointment and authority of the fire marshal and deputy or assistant fire marshal.
15.25.035 Summoning a fire marshal.
15.25.050 Liability insurance as prerequisite to issuance of blasting permit.
15.25.057 Miscellaneous fire prevention inspection and review schedule.
*Cross references – Fire alarm systems, Chapter 8.10 SCC; requirements and charges for fire sprinkler system connected to city water system, SCC 13.15.120; damaging fire hydrants, SCC 13.15.160; building regulations, Title 15; buildings constituting fire hazards designated as unsafe buildings, SCC 15.20.030.
State law references – Fire protection, Code of Virginia, Title 27.
15.25.010 Adopted – Purpose – Etc.
(1) The Virginia Statewide Fire Prevention Code, as amended and adopted by the Commonwealth of Virginia Board of Housing and Community Development, of which copies are filed and maintained and required by law is hereby adopted and incorporated herein by reference as fully as if set forth and the provisions thereof shall be controlling in the local enforcement for the protection of life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures, and the unsafe handling and use of material and devices, including explosives and blasting agents, wherever located.
(2) The fire code official and any deputy or assistant fire code official shall be appointed by the city manager and shall have all powers set forth in the Virginia Statewide Fire Prevention Code. In the absence of such appointment, the fire chief of the city shall be fire code official. Any deputy or assistant fire code official may perform the duties of the fire code official in the fire code official’s absence or when otherwise designated by the fire code official or city manager. (Ord. 2015-18. Code 1964, 12-5; Code 1985, § 13-31; Ord. 3-24-88; Ord. 1-9-92; Ord. 2-24-94; Ord. 12-13-01).
State law reference – Authority of city to adopt fire prevention code, Code of Virginia, § 27-97.
15.25.015 Amendments and additions.
(1) The city is empowered to adopt fire prevention regulations that are more restrictive or more extensive in scope than the Statewide Fire Prevention Code provided such regulations do not affect the manner of construction, or materials to be used in the erection, alteration, repair, or use of a building or structure, including the voluntary installation of smoke alarms and regulation and inspections thereof in commercial buildings where such smoke alarms are not required under the provisions of the code. The following provisions of this chapter are in addition to the Virginia Statewide Fire Prevention Code: Appendix B through J. (Ord. 2015-18).
15.25.020 Availability of copies.
Copies of the fire prevention code adopted by this chapter are available for viewing at the office of the fire code official during normal business hours. (Ord. 2015-18. Code 1964, § 12-6; Code 1985, § 13-32).
15.25.030 Administration and enforcement.
Repealed by Ord. 12-13-01. (Code 1985, § 13-33).
15.25.031 Appointment and authority of the fire marshal and deputy or assistant fire marshal.
City council shall appoint a fire marshal and deputy or assistant fire marshal for the city of Staunton. The deputy or assistant fire marshal shall have the authority to perform the duties of the fire marshal in the fire marshal’s absence or when otherwise designated by the fire marshal or city manager. (Ord. 2015-18).
15.25.032 Enforcement.
The fire marshal, deputy and assistant fire marshals and fire code official(s) shall have the authority to enforce the Virginia Statewide Fire Prevention Code, the Code of Virginia and any sections of the Staunton City Code related to fire prevention and protection to the extent authorized under this chapter and under the Code of Virginia. (Ord. 2015-18).
15.25.033 Authority to order immediate compliance with law, etc., or prohibit use of building or equipment.
The fire marshal and deputy and assistant fire marshal and fire code official(s) shall have the authority as prescribed under this chapter to exercise in the same manner and subject to the same conditions, the powers conferred upon other authorities by the Code of Virginia, subject to the limitations prescribed by the Code of Virginia, including the prohibition on the use of a building or equipment. (Ord. 2015-18).
15.25.034 Right of entry to investigate releases of hazardous material, hazardous waste or regulated substances.
The fire marshal, deputy and assistant fire marshals and fire code official(s) shall have the right to enter upon any property from which a release of any hazardous materials, hazardous waste, or regulated substance, as defined by state law, has occurred or is reasonably suspected to have occurred and which has entered into the groundwater or soils of the city, in order to investigate the extent and cause of any such release. (Ord. 2015-18).
15.25.035 Summoning a fire marshal.
The fire and rescue department officer in charge of any fire, explosion or environmental crime incident scene shall contact the fire marshal, deputy fire marshal, or assistant fire marshal to investigate the circumstances involved when such circumstances require investigation. (Ord. 2015-18).
15.25.040 Violations.
(1) Any person who shall violate any of the provisions of the fire prevention code adopted by this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the local board of fire prevention code appeals or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a Class 1 misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
(2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 2015-18. Code 1964, § 12-10; Code 1985, § 13-34).
15.25.050 Liability insurance as prerequisite to issuance of blasting permit.
(1) As a condition to issuance of a blasting permit, the applicant for such permit shall comply with the financial responsibility provisions of the Explosives and Fireworks chapter of the Virginia Statewide Fire Prevention Code.
(2) Where blasting is to be conducted in an area where there is a high density of persons or where there are a number of nearby structures of two stories or more, the fire code official may require liability insurance coverage greater than that specified in subsection (1) of this section, in order to adequately make available protection commensurate with the risk to persons and property.
(3) This section shall not apply to blasting operations undertaken by city forces. (Ord. 2015-18. Code 1964, § 12-29; Code 1985, § 13-35; Ord. 3-24-88; Ord. 1-9-92; Ord. 12-14-01).
Charter reference – Authority of council to regulate storage, sale and use of explosives, § 11(14).
15.25.055 Permit fees.
(1) Payment Prerequisite to Issuance or Amendment of Permit. No permit required by the Virginia Statewide Fire Prevention Code to begin work shall be issued until the fees prescribed in this section have been paid to the department of building inspection or other authorized municipal agency, nor shall an amendment be made to such a permit necessitating an additional fee, because of an increase in the estimated cost of the work involved, be approved until the additional fee has been paid.
(2) Fees. The fees for fire code permits shall be as follows:
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Description |
Permit Required |
Fee |
Time |
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|---|---|---|---|---|
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Amusement Buildings. An operational permit is required to operate a special amusement building. |
Yes |
$25.00 |
Event |
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Carnivals and Fairs. An operational permit is required to conduct a carnival or fair. |
Yes |
$100.00 |
Event |
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Explosives. An operational permit is required: |
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To store explosives, fireworks or pyrotechnic special effects – per site. |
Yes |
$200.00 |
Annual |
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To use explosives – per site. |
Yes |
$150.00 |
90 Days |
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To conduct a fireworks display (public or private). |
Yes |
$200.00 |
Event |
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Sale of fireworks – per site. (Allowed June 1st through July 15th per calendar year.) |
Yes |
$100.00 |
45 Days |
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Flammable and Combustible Liquids. An operational permit is required: |
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To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes – per site. |
Yes |
$50.00 |
90 Days |
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To remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank – per site. |
Yes |
$100.00 |
90 Days |
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To change the type of contents stored in a flammable or combustible liquid tank to a material which poses greater hazard than that for which the tank was designed and constructed – per site. |
Yes |
$50.00 |
90 Days |
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To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. |
Yes |
$50.00 |
Annual |
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To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. |
Yes |
$50.00 |
Annual |
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Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below: |
Yes |
$50.00 |
Annual |
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PERMIT AMOUNTS FOR HAZARDOUS MATERIALS |
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Type of Material |
Amount |
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Combustible liquids |
See Flammable and combustible liquids |
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Corrosive materials |
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Gases |
200 cubic ft (at NTP) |
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Liquids |
55 gallons |
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Solids |
100 pounds |
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Explosive materials |
See Explosives |
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Flammable materials |
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Gases |
200 cubic ft (at NTP) |
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Liquids |
See Flammable and combustible liquids |
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Solids |
100 pounds |
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Highly toxic materials |
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Gases |
Any amount |
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Liquids |
Any amount |
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Solids |
Any amount |
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Oxidizing materials |
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Gases (including oxygen) |
504 cubic ft. (at NTP) |
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Liquids |
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Class 4 |
Any amount |
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Class 3 |
1 gallon |
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Class 2 |
10 gallons |
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Class 1 |
55 gallons |
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Solids |
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Class 4 |
Any amount |
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Class 3 |
10 pounds |
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Class 2 |
100 pounds |
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Class 1 |
500 pounds |
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Organic Peroxides |
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Liquids |
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Class I |
Any amount |
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Class II |
Any amount |
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Class III |
1 gallon |
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Class IV |
2 gallons |
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Class V |
No permit required |
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Solids |
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Class I |
Any amount |
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Class II |
Any amount |
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Class III |
10 pounds |
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Class IV |
20 pounds |
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Class V |
No permit required |
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Pyrophoric materials |
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Gases |
200 cubic ft. (at NTP) |
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Liquids |
Any amount |
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Solids |
Any amount |
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Toxic materials |
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Gases |
Any amount |
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Liquids |
10 gallons |
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Solids |
100 pounds |
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Unstable (reactive) materials |
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Liquids |
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Class 4 |
Any amount |
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Class 3 |
Any amount |
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Class 2 |
5 gallons |
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Class 1 |
10 gallons |
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Solids |
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Class 4 |
Any amount |
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Class 3 |
Any amount |
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Class 2 |
50 pounds |
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Class 1 |
100 pounds |
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Water-reactive materials |
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Liquids |
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Class 3 |
Any amount |
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Class 2 |
5 gallons |
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Class 1 |
55 gallons |
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Solids |
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Class 3 |
Any amount |
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Class 2 |
50 pounds |
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Class 1 |
500 pounds |
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For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg |
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LP-Gas. An operational permit is required for: |
Yes |
$50.00 |
Annual |
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1. Storage and use of LP-gas. |
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Exception: An operational permit is not required for individual containers with a 500-gallon (1,893-L) water capacity or less serving occupancies in Group R-3; and |
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2. Operation of cargo tankers that transport LP-gas. |
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Pyrotechnic Special Effects Material or Flame Effects Material. An operational permit is required for indoor use and handling of pyrotechnic special effects material or flame effect material. |
Yes |
$100.00 |
Event |
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Storage of Scrap Tires and Tire Byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. |
Yes |
$50.00 |
Annual |
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Temporary Membrane Structures, Tents and Canopies. An operational permit is required to operate an air-supported temporary structure or a tent that covers an area in excess of 400 square feet (37 m2) and less than 900 square feet (84 m2). |
Yes |
$25.00 |
Event |
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Exceptions: |
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Tents used exclusively for recreational camping purposes; |
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Tents and air-supported structures that cover an area of 400 square feet or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons; |
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Fabric canopies and awnings open on all sides which comply with the following: |
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Individual canopies shall have a maximum size of 700 square feet (65 m2); |
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The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3,658 mm) shall not exceed 700 square feet (65 m2) total; and |
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A minimum clearance of 12 feet (3,658 mm) to structures and other tents shall be provided. |
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(3) Refunds. Refunds shall be issued at the discretion of the fire code official or their designee. Refunds shall be based on the amount of staff work completed at the time of the request for permit withdrawal, with the refund not to exceed 50 percent of the permit cost. (Ord. 2020-15; Ord. 2015-18; Ord. 2005-11).
15.25.057 Miscellaneous fire prevention inspection and review schedule.
The fee schedule for inspections and/or reviews is as follows for the indicated purposes:
|
PURPOSE |
DESCRIPTION |
FEE |
|---|---|---|
|
Required Fire Inspection for Social Service Licensure (Ex.: Day Care/Adult Care, etc.) or Behavioral Health Licensure |
1 – 8 persons |
$50 |
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9 – 20 persons |
$75 |
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21 – 50 persons |
$100 |
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51 – 100 persons |
$200 |
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101 – 150 persons |
$300 |
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151 – 200 persons |
$400 |
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201 or more persons |
$500 |
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Re-inspection Fees |
Initial inspection and first re-inspection, if all violations are corrected, no charge. Upon 3rd inspection and each subsequent inspection incurs an increased fee until remediation is reached or all violations are corrected. |
$0 (violations corrected) |
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$50 (3rd inspection) |
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$100 (per inspection for 4 or more) |
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Staunton Fire and Rescue Plan Review Fee |
Special event permit |
$50 (per application) |
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All other |
$50.00 |
(Ord. 2020-15; Ord. 2015-18).
15.25.060 Modifications.
Repealed by Ord. 2015-18. (Code 1964, § 12-7; Code 1985, § 13-36; Ord. 12-13-01).
15.25.070 Appeals.
The board of building code appeals (BBCA) shall act as the board to hear all fire code related appeals. An appeal case of applied appendixes decided by the BBCA shall constitute an appeal in accordance with this section and shall be final. Appeals regarding the Virginia Statewide Fire Prevention Code shall also be heard by the BBCA and in accordance with the provisions set forth in Chapter 1 of the Virginia Statewide Fire Prevention Code. (Ord. 2015-18. Code 1964, § 12-8; Code 1985, § 13-37; Ord. 12-13-01).
15.25.080 New materials, processes or occupancies requiring permits.
Repealed by Ord. 2015-18. (Code 1964, § 12-9; Code 1985, § 13-38; Ord. 12-13-01).