2006 Code of Virginia § 27-97 - Adoption of Fire Prevention Code

27-97. Adoption of Fire Prevention Code.

The Board of Housing and Community Development is hereby empowered to adoptand promulgate a Statewide Fire Prevention Code which shall be cooperativelydeveloped with the Fire Services Board pursuant to procedures agreed to bythe two Boards. The Fire Prevention Code shall prescribe regulations to becomplied with for the protection of life and property from the hazards offire or explosion and for the handling, storage, sale and use of fireworks,explosives or blasting agents, and shall provide for the administration andenforcement of such regulations. The Fire Prevention Code shall requiremanufacturers of fireworks or explosives, as defined in the Code, to registerand report information concerning their manufacturing facilities and methodsof operation within the Commonwealth in accordance with regulations adoptedby the Board. In addition to conducting criminal background checks pursuantto 27-97.2, the Board shall also establish regulations for obtainingpermits for the manufacturing, storage, handling, use, or sales of fireworksor explosives. In the enforcement of such regulations, the enforcing agencymay issue annual permits for such activities to any state regulated publicutility. Such permits shall not apply to the storage, handling, or use ofexplosives or blasting agents pursuant to the provisions of Title 45.1.

The Fire Prevention Code shall prohibit any person, firm, or corporation fromtransporting, manufacturing, storing, selling, offering for sale, exposingfor sale, or buying, using, igniting, or exploding any fireworks except forthose persons, firms, or corporations that manufacture, store, market anddistribute fireworks for the sole purpose of fireworks displays permitted byan enforcement agency or by any locality.

The Fire Prevention Code shall supersede fire prevention regulationsheretofore adopted by local governments or other political subdivisions.Local governments are hereby empowered to adopt fire prevention regulationsthat are more restrictive or more extensive in scope than the Fire PreventionCode provided such regulations do not affect the manner of construction, ormaterials to be used in the erection, alteration, repair, or use of abuilding or structure, including the voluntary installation of smoke alarmsand regulation and inspections thereof in commercial buildings where suchsmoke alarms are not required under the provisions of the Code.

In formulating the Fire Prevention Code, the Board shall have due regard forgenerally accepted standards as recommended by nationally recognizedorganizations including, but not limited to, standards of the SouthernBuilding Code Congress, the Building Officials and Code AdministratorsInternational, Inc., the National Fire Protection Association, and recognizedorganizations issuing standards for the protection of the public from thehazards of explosives and blasting agents. Such standards shall be based onthe companion document to the model building code referenced by the UniformStatewide Building Code.

The Fire Prevention Code shall require that buildings constructed prior to1973 be maintained in accordance with state fire and public buildingregulations in effect prior to March 31, 1986, and that any building which is(i) more than seventy-five feet or more than six stories high and (ii) used,in whole or in part, as a dormitory to house students by any public orprivate institution of higher education shall be required to comply with theprovisions of 36-99.3. The Fire Prevention Code shall also require annualfire drills in all buildings having floors used for human occupancy locatedmore than seventy-five feet above the lowest level of fire department vehicleaccess. The drills shall be conducted by building staff personnel or theowner of the building in accordance with a plan approved by the appropriatefire official and shall not affect other current occupants. The Board maymodify, amend or repeal any Code provisions as the public interest requires.Any such Code changes shall be developed in cooperation with the FireServices Board pursuant to procedures agreed to by the two Boards.

(1986, c. 429; 1988, cc. 199, 340; 1989, cc. 90, 420; 1990, c. 69; 1991, c.53; 1994, c. 275; 1997, c. 584; 2000, cc. 951, 1065; 2002, c. 856.)