{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-97.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-97.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-97.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-97.html"}],"law_id":68330,"edition_id":1,"section_id":68330,"structure_id":15291,"section_number":"27-97","catch_line":"Adoption of Fire Prevention Code","history":"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; 2007, cc. 647, 741; 2010, cc. 587, 643; 2025, c. 97.","full_text":"The Board of Housing and Community Development is hereby empowered to adopt and promulgate a Statewide Fire Prevention Code which shall be cooperatively developed with the Fire Services Board pursuant to procedures agreed to by the two Boards. The Fire Prevention Code shall prescribe regulations to be complied with for the protection of life and property from the hazards of fire or explosion and for the handling, storage, sale, and use of fireworks, explosives, or blasting agents, and shall provide for the administration and enforcement of such regulations. The Fire Prevention Code shall require manufacturers of fireworks or explosives, as defined in the Code, to register and report information concerning their manufacturing facilities and methods of operation within the Commonwealth in accordance with regulations adopted by the Board. In addition to conducting criminal background checks pursuant to \u00a7 27-97.2, the Board shall also establish regulations for obtaining permits for the manufacturing, storage, handling, use, or sales of fireworks or explosives. In the enforcement of such regulations, the enforcing agency may issue annual permits for such activities to any state regulated public utility. Such permits shall not apply to the storage, handling, or use of explosives or blasting agents pursuant to the provisions of Title 45.2.\n\t\tThe Fire Prevention Code shall prohibit any person, firm, or corporation from transporting, manufacturing, storing, selling, offering for sale, exposing for sale, or buying, using, igniting, or exploding any fireworks except for those persons, firms, or corporations that manufacture, store, market and distribute fireworks for the sole purpose of fireworks displays permitted by an enforcement agency or by any locality.\n\t\tThe Fire Prevention Code shall supersede fire prevention regulations heretofore adopted by local governments or other political subdivisions. Local governments are hereby empowered to adopt fire prevention regulations that are more restrictive or more extensive in scope than the 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 Fire Prevention Code shall prohibit any person not certified by the State Fire Marshal&#8217;s Office as a fireworks operator or pyrotechnician to design, set up, or conduct or supervise the design, setup, or conducting of any fireworks display, either inside a building or structure or outdoors and shall require that at least one person holding a valid certification is present at the site where the fireworks display is being conducted. Certification shall not be required for the design, storage, sale, use, conduct, transportation, and set up of permissible fireworks or the supervision thereof or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.\n\t\tIn formulating the Fire Prevention Code, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations including, but not limited to, standards of the International Code Council, the National Fire Protection Association, and recognized organizations issuing standards for the protection of the public from the hazards of explosives and blasting agents. Such standards shall be based on the companion document to the model building code referenced by the Uniform Statewide Building Code.\n\t\tThe Fire Prevention Code shall require that buildings constructed prior to 1973 be maintained in accordance with state fire and public building regulations in effect prior to March 31, 1986, and that any building which is (i) more than 75 feet or more than six stories high and (ii) used, in whole or in part, as a dormitory to house students by any public or private institution of higher education shall be required to comply with the provisions of \u00a7 36-99.3. The Fire Prevention Code shall also require annual fire drills in all buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. The drills shall be conducted by building staff personnel or the owner of the building in accordance with a plan approved by the appropriate fire official and shall not affect other current occupants. The Board may modify, amend, or repeal any Code provisions as the public interest requires. Any such Code changes shall be developed in cooperation with the Fire Services Board pursuant to procedures agreed to by the two Boards.\n\t\tThe Fire Prevention Code shall prohibit the offering or sale to the public of unsafe lighters or counterfeit lighters regardless of whether such offering or sale is conducted on a retail basis or wholesale basis; however, the Fire Prevention Code shall not prohibit (i) the interstate transportation of counterfeit lighters or unsafe lighters through the Commonwealth or (ii) the storage of counterfeit lighters or unsafe lighters in any distribution center or warehouse located in the Commonwealth, if such distribution center or warehouse is closed to the public and does not distribute or sell such lighters to the public.","order_by":null,"text":{"0":{"id":247254,"text":"The Board of Housing and Community Development is hereby empowered to adopt and promulgate a Statewide Fire Prevention Code which shall be cooperatively developed with the Fire Services Board pursuant to procedures agreed to by the two Boards. The Fire Prevention Code shall prescribe regulations to be complied with for the protection of life and property from the hazards of fire or explosion and for the handling, storage, sale, and use of fireworks, explosives, or blasting agents, and shall provide for the administration and enforcement of such regulations. The Fire Prevention Code shall require manufacturers of fireworks or explosives, as defined in the Code, to register and report information concerning their manufacturing facilities and methods of operation within the Commonwealth in accordance with regulations adopted by the Board. In addition to conducting criminal background checks pursuant to \u00a7 27-97.2, the Board shall also establish regulations for obtaining permits for the manufacturing, storage, handling, use, or sales of fireworks or explosives. In the enforcement of such regulations, the enforcing agency may issue annual permits for such activities to any state regulated public utility. Such permits shall not apply to the storage, handling, or use of explosives or blasting agents pursuant to the provisions of Title 45.2.\n\t\tThe Fire Prevention Code shall prohibit any person, firm, or corporation from transporting, manufacturing, storing, selling, offering for sale, exposing for sale, or buying, using, igniting, or exploding any fireworks except for those persons, firms, or corporations that manufacture, store, market and distribute fireworks for the sole purpose of fireworks displays permitted by an enforcement agency or by any locality.\n\t\tThe Fire Prevention Code shall supersede fire prevention regulations heretofore adopted by local governments or other political subdivisions. Local governments are hereby empowered to adopt fire prevention regulations that are more restrictive or more extensive in scope than the 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 Fire Prevention Code shall prohibit any person not certified by the State Fire Marshal&#8217;s Office as a fireworks operator or pyrotechnician to design, set up, or conduct or supervise the design, setup, or conducting of any fireworks display, either inside a building or structure or outdoors and shall require that at least one person holding a valid certification is present at the site where the fireworks display is being conducted. Certification shall not be required for the design, storage, sale, use, conduct, transportation, and set up of permissible fireworks or the supervision thereof or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.\n\t\tIn formulating the Fire Prevention Code, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations including, but not limited to, standards of the International Code Council, the National Fire Protection Association, and recognized organizations issuing standards for the protection of the public from the hazards of explosives and blasting agents. Such standards shall be based on the companion document to the model building code referenced by the Uniform Statewide Building Code.\n\t\tThe Fire Prevention Code shall require that buildings constructed prior to 1973 be maintained in accordance with state fire and public building regulations in effect prior to March 31, 1986, and that any building which is (i) more than 75 feet or more than six stories high and (ii) used, in whole or in part, as a dormitory to house students by any public or private institution of higher education shall be required to comply with the provisions of \u00a7 36-99.3. The Fire Prevention Code shall also require annual fire drills in all buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. The drills shall be conducted by building staff personnel or the owner of the building in accordance with a plan approved by the appropriate fire official and shall not affect other current occupants. The Board may modify, amend, or repeal any Code provisions as the public interest requires. Any such Code changes shall be developed in cooperation with the Fire Services Board pursuant to procedures agreed to by the two Boards.\n\t\tThe Fire Prevention Code shall prohibit the offering or sale to the public of unsafe lighters or counterfeit lighters regardless of whether such offering or sale is conducted on a retail basis or wholesale basis; however, the Fire Prevention Code shall not prohibit (i) the interstate transportation of counterfeit lighters or unsafe lighters through the Commonwealth or (ii) the storage of counterfeit lighters or unsafe lighters in any distribution center or warehouse located in the Commonwealth, if such distribution center or warehouse is closed to the public and does not distribute or sell such lighters to the public.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15291,"edition_id":1,"name":"Statewide Fire Prevention Code Act","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":13504,"metadata":{},"date_created":"2026-06-26 03:53:40","date_modified":"2026-06-26 03:53:40","permalink":{"id":190515,"object_type":"structure","relational_id":15291,"identifier":"9","token":"27\/9","url":"\/27\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13504,"edition_id":1,"name":"Fire Protection","identifier":"27","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":189965,"object_type":"structure","relational_id":13504,"identifier":"27","token":"27","url":"\/27\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84974,"structure_id":15291,"section_number":"27-100","catch_line":"Violation a misdemeanor","url":"\/27-100\/","token":"27\/9\/27-100","metadata":false},{"id":66307,"structure_id":15291,"section_number":"27-100.1","catch_line":"Seizure and destruction of certain fireworks","url":"\/27-100.1\/","token":"27\/9\/27-100.1","metadata":false},{"id":83983,"structure_id":15291,"section_number":"27-101","catch_line":"Injunction upon application","url":"\/27-101\/","token":"27\/9\/27-101","metadata":false},{"id":65870,"structure_id":15291,"section_number":"27-94","catch_line":"Short title","url":"\/27-94\/","token":"27\/9\/27-94","metadata":false},{"id":85367,"structure_id":15291,"section_number":"27-95","catch_line":"Definitions","url":"\/27-95\/","token":"27\/9\/27-95","metadata":false},{"id":66454,"structure_id":15291,"section_number":"27-96","catch_line":"Statewide standards","url":"\/27-96\/","token":"27\/9\/27-96","metadata":false},{"id":68566,"structure_id":15291,"section_number":"27-96.1","catch_line":"Chapter inapplicable to certain uses of fireworks","url":"\/27-96.1\/","token":"27\/9\/27-96.1","metadata":false},{"id":81709,"structure_id":15291,"section_number":"27-96.2","catch_line":"Exemptions generally","url":"\/27-96.2\/","token":"27\/9\/27-96.2","metadata":false},{"id":68330,"structure_id":15291,"section_number":"27-97","catch_line":"Adoption of Fire Prevention Code","url":"\/27-97\/","token":"27\/9\/27-97","metadata":false},{"id":58211,"structure_id":15291,"section_number":"27-97.1","catch_line":"Reports of stolen explosives","url":"\/27-97.1\/","token":"27\/9\/27-97.1","metadata":false},{"id":61409,"structure_id":15291,"section_number":"27-97.2","catch_line":" Issuance of permit; background investigations","url":"\/27-97.2\/","token":"27\/9\/27-97.2","metadata":false},{"id":73713,"structure_id":15291,"section_number":"27-98","catch_line":"Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings","url":"\/27-98\/","token":"27\/9\/27-98","metadata":false},{"id":86839,"structure_id":15291,"section_number":"27-98.1","catch_line":"Inspections of buildings, structures, properties and premises","url":"\/27-98.1\/","token":"27\/9\/27-98.1","metadata":false},{"id":84932,"structure_id":15291,"section_number":"27-98.2","catch_line":"Issuance of warrant","url":"\/27-98.2\/","token":"27\/9\/27-98.2","metadata":false},{"id":87483,"structure_id":15291,"section_number":"27-98.3","catch_line":"Duration of warrant","url":"\/27-98.3\/","token":"27\/9\/27-98.3","metadata":false},{"id":58342,"structure_id":15291,"section_number":"27-98.4","catch_line":"Conduct of inspections, examinations, testing, or collection of samples","url":"\/27-98.4\/","token":"27\/9\/27-98.4","metadata":false},{"id":71112,"structure_id":15291,"section_number":"27-98.5","catch_line":"Review by courts","url":"\/27-98.5\/","token":"27\/9\/27-98.5","metadata":false},{"id":82703,"structure_id":15291,"section_number":"27-99","catch_line":"State buildings","url":"\/27-99\/","token":"27\/9\/27-99","metadata":false}],"previous_section":{"id":81709,"structure_id":15291,"section_number":"27-96.2","catch_line":"Exemptions generally","url":"\/27-96.2\/","token":"27\/9\/27-96.2","metadata":false},"next_section":{"id":58211,"structure_id":15291,"section_number":"27-97.1","catch_line":"Reports of stolen explosives","url":"\/27-97.1\/","token":"27\/9\/27-97.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-97\/","history_text":"<p>This law was first created in 1986. The record of its establishment is cataloged in chapter 429 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapters 199 and 340; in 1989, chapters 90 and 420; in 1990, chapter 69; in 1991, chapter 53; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0275\">275<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0584\">584<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0951\">951<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP1065\">1065<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0856\">856<\/a>; in 2007, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0647\">647<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0741\">741<\/a>; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0587\">587<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0643\">643<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0097\">97<\/a>.<\/p>","references":[{"id":82444,"section_number":"18.2-85","catch_line":"Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties","order_by":null,"url":"\/18.2-85\/"},{"id":78703,"section_number":"27-34.3","catch_line":"Power to order immediate compliance with law, etc., or prohibit use of building or equipment","order_by":null,"url":"\/27-34.3\/"},{"id":66799,"section_number":"3.2-3602","catch_line":"Local government regulation of fertilizer","order_by":null,"url":"\/3.2-3602\/"},{"id":72531,"section_number":"36-119.1","catch_line":"Existing buildings","order_by":null,"url":"\/36-119.1\/"}],"refers_to":[{"id":61409,"section_number":"27-97.2","catch_line":" Issuance of permit; background investigations","order_by":null,"url":"\/27-97.2\/"},{"id":53961,"section_number":"36-99.3","catch_line":"Smoke alarms and automatic sprinkler systems in institutions of higher education","order_by":null,"url":"\/36-99.3\/"}],"permalink":{"id":190549,"object_type":"law","relational_id":68330,"identifier":"27-97","token":"27\/9\/27-97","url":"\/27-97\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-97\/","token":"27\/9\/27-97","dublin_core":{"Title":"Adoption of Fire Prevention Code","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-97","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The Board of Housing and Community Development is hereby empowered to adopt and promulgate a Statewide <span class=\"dictionary\">Fire Prevention Code<\/span> which shall be cooperatively developed with the <span class=\"dictionary\">Fire Services Board<\/span> pursuant to procedures agreed to by the two <span class=\"dictionary\">Boards<\/span>. The <span class=\"dictionary\">Fire Prevention Code<\/span> shall prescribe regulations to be complied with for the protection of life and property from the hazards of fire or explosion and for the handling, storage, sale, and use of fireworks, explosives, or blasting agents, and shall provide for the administration and enforcement of such regulations. The <span class=\"dictionary\">Fire Prevention Code<\/span> shall require manufacturers of fireworks or explosives, as defined in the Code, to register and report information concerning their manufacturing facilities and methods of operation within the Commonwealth in accordance with regulations adopted by the Board. In addition to conducting criminal background checks pursuant to \u00a7&nbsp;<a class=\"law\" title=\" Issuance of permit; background investigations\" href=\"\/27-97.2\/\">27-97.2<\/a>, the Board shall also establish regulations for obtaining permits for the manufacturing, storage, handling, use, or sales of fireworks or explosives. In the enforcement of such regulations, the enforcing agency may <span class=\"dictionary\">issue<\/span> annual permits for such activities to any state regulated public utility. Such permits shall not apply to the storage, handling, or use of explosives or blasting agents pursuant to the provisions of Title 45.2.\n\t\tThe <span class=\"dictionary\">Fire Prevention Code<\/span> shall prohibit any person, firm, or corporation from transporting, manufacturing, storing, selling, offering for sale, exposing for sale, or buying, using, igniting, or exploding any fireworks except for those persons, firms, or corporations that manufacture, store, market and distribute fireworks for the sole purpose of fireworks displays permitted by an <span class=\"dictionary\">enforcement agency<\/span> or by any locality.\n\t\tThe <span class=\"dictionary\">Fire Prevention Code<\/span> shall supersede <span class=\"dictionary\">fire prevention regulations<\/span> heretofore adopted by <span class=\"dictionary\">local governments<\/span> or other political subdivisions. <span class=\"dictionary\">Local governments<\/span> are hereby empowered to adopt <span class=\"dictionary\">fire prevention regulations<\/span> that are more restrictive or more extensive in scope than the <span class=\"dictionary\">Fire Prevention Code<\/span> provided such regulations do not affect the manner of construction, or <span class=\"dictionary\">materials<\/span> 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 <span class=\"dictionary\">Fire Prevention Code<\/span> shall prohibit any person not certified by the <span class=\"dictionary\">State Fire Marshal<\/span>&#8217;s Office as a <span class=\"dictionary\">fireworks operator<\/span> or <span class=\"dictionary\">pyrotechnician<\/span> to design, set up, or conduct or supervise the design, setup, or conducting of any fireworks display, either inside a building or structure or outdoors and shall require that at least one person holding a valid certification is present at the site where the fireworks display is being conducted. Certification shall not be required for the design, storage, sale, use, conduct, transportation, and set up of <span class=\"dictionary\">permissible fireworks<\/span> or the supervision thereof or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.\n\t\tIn formulating the <span class=\"dictionary\">Fire Prevention Code<\/span>, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations including, but not limited to, standards of the International Code Council, the National Fire Protection Association, and recognized organizations issuing standards for the protection of the public from the hazards of explosives and blasting agents. Such standards shall be based on the companion document to the model building code referenced by the Uniform Statewide Building Code.\n\t\tThe <span class=\"dictionary\">Fire Prevention Code<\/span> shall require that buildings constructed prior to 1973 be maintained in accordance with state fire and public building regulations in effect prior to March 31, 1986, and that any building which is (i) more than 75 feet or more than six stories high and (ii) used, in whole or in part, as a dormitory to house students by any public or private institution of higher education shall be required to comply with the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Smoke alarms and automatic sprinkler systems in institutions of higher education\" href=\"\/36-99.3\/\">36-99.3<\/a>. The <span class=\"dictionary\">Fire Prevention Code<\/span> shall also require annual fire drills in all buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. The drills shall be conducted by building staff personnel or the owner of the building in accordance with a plan approved by the appropriate fire official and shall not affect other current occupants. The Board may modify, <span class=\"dictionary\">amend<\/span>, or repeal any <span class=\"dictionary\">Code provisions<\/span> as the public interest requires. Any such Code changes shall be developed in cooperation with the <span class=\"dictionary\">Fire Services Board<\/span> pursuant to procedures agreed to by the two <span class=\"dictionary\">Boards<\/span>.\n\t\tThe <span class=\"dictionary\">Fire Prevention Code<\/span> shall prohibit the offering or sale to the public of <span class=\"dictionary\">unsafe lighters<\/span> or <span class=\"dictionary\">counterfeit lighters<\/span> regardless of whether such offering or sale is conducted on a retail basis or wholesale basis; however, the <span class=\"dictionary\">Fire Prevention Code<\/span> shall not prohibit (i) the interstate transportation of <span class=\"dictionary\">counterfeit lighters<\/span> or <span class=\"dictionary\">unsafe lighters<\/span> through the Commonwealth or (ii) the storage of <span class=\"dictionary\">counterfeit lighters<\/span> or <span class=\"dictionary\">unsafe lighters<\/span> in any distribution center or warehouse located in the Commonwealth, if such distribution center or warehouse is closed to the public and does not distribute or sell such lighters to the public.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nADOPTION OF FIRE PREVENTION CODE (\u00a7 27-97)\n\nThe Board of Housing and Community Development is hereby empowered to adopt and\npromulgate a Statewide Fire Prevention Code which shall be cooperatively\ndeveloped with the Fire Services Board pursuant to procedures agreed to by the\ntwo Boards. The Fire Prevention Code shall prescribe regulations to be complied\nwith for the protection of life and property from the hazards of fire or\nexplosion and for the handling, storage, sale, and use of fireworks, explosives,\nor blasting agents, and shall provide for the administration and enforcement of\nsuch regulations. The Fire Prevention Code shall require manufacturers of\nfireworks or explosives, as defined in the Code, to register and report\ninformation concerning their manufacturing facilities and methods of operation\nwithin the Commonwealth in accordance with regulations adopted by the Board. In\naddition to conducting criminal background checks pursuant to \u00a7 27-97.2, the\nBoard shall also establish regulations for obtaining permits for the\nmanufacturing, storage, handling, use, or sales of fireworks or explosives. In\nthe enforcement of such regulations, the enforcing agency may issue annual\npermits for such activities to any state regulated public utility. Such permits\nshall not apply to the storage, handling, or use of explosives or blasting\nagents pursuant to the provisions of Title 45.2.\n\t\tThe Fire Prevention Code shall prohibit any person, firm, or corporation from\ntransporting, manufacturing, storing, selling, offering for sale, exposing for\nsale, or buying, using, igniting, or exploding any fireworks except for those\npersons, firms, or corporations that manufacture, store, market and distribute\nfireworks for the sole purpose of fireworks displays permitted by an enforcement\nagency or by any locality.\n\t\tThe Fire Prevention Code shall supersede fire prevention regulations\nheretofore adopted by local governments or other political subdivisions. Local\ngovernments are hereby empowered to adopt fire prevention regulations that are\nmore restrictive or more extensive in scope than the Fire Prevention Code\nprovided such regulations do not affect the manner of construction, or materials\nto be used in the erection, alteration, repair, or use of a building or\nstructure, including the voluntary installation of smoke alarms and regulation\nand inspections thereof in commercial buildings where such smoke alarms are not\nrequired under the provisions of the Code. The Fire Prevention Code shall\nprohibit any person not certified by the State Fire Marshal&#8217;s Office as a\nfireworks operator or pyrotechnician to design, set up, or conduct or supervise\nthe design, setup, or conducting of any fireworks display, either inside a\nbuilding or structure or outdoors and shall require that at least one person\nholding a valid certification is present at the site where the fireworks display\nis being conducted. Certification shall not be required for the design, storage,\nsale, use, conduct, transportation, and set up of permissible fireworks or the\nsupervision thereof or in connection with any fireworks display conducted by a\nvolunteer fire department provided one member of the volunteer fire department\nholds a valid certification.\n\t\tIn formulating the Fire Prevention Code, the Board shall have due regard for\ngenerally accepted standards as recommended by nationally recognized\norganizations including, but not limited to, standards of the International Code\nCouncil, the National Fire Protection Association, and recognized organizations\nissuing standards for the protection of the public from the hazards of\nexplosives and blasting agents. Such standards shall be based on the companion\ndocument to the model building code referenced by the Uniform Statewide Building\nCode.\n\t\tThe Fire Prevention Code shall require that buildings constructed prior to\n1973 be maintained in accordance with state fire and public building regulations\nin effect prior to March 31, 1986, and that any building which is (i) more than\n75 feet or more than six stories high and (ii) used, in whole or in part, as a\ndormitory to house students by any public or private institution of higher\neducation shall be required to comply with the provisions of \u00a7 36-99.3. The\nFire Prevention Code shall also require annual fire drills in all buildings\nhaving floors used for human occupancy located more than 75 feet above the\nlowest level of fire department vehicle access. The drills shall be conducted by\nbuilding staff personnel or the owner of the building in accordance with a plan\napproved by the appropriate fire official and shall not affect other current\noccupants. The Board may modify, amend, or repeal any Code provisions as the\npublic interest requires. Any such Code changes shall be developed in\ncooperation with the Fire Services Board pursuant to procedures agreed to by the\ntwo Boards.\n\t\tThe Fire Prevention Code shall prohibit the offering or sale to the public of\nunsafe lighters or counterfeit lighters regardless of whether such offering or\nsale is conducted on a retail basis or wholesale basis; however, the Fire\nPrevention Code shall not prohibit (i) the interstate transportation of\ncounterfeit lighters or unsafe lighters through the Commonwealth or (ii) the\nstorage of counterfeit lighters or unsafe lighters in any distribution center or\nwarehouse located in the Commonwealth, if such distribution center or warehouse\nis closed to the public and does not distribute or sell such lighters to the\npublic.\n\nHISTORY: 1986, c. 429; 1988, cc. 199, 340; 1989, cc. 90, 420; 1990, c. 69; 1991,\nc. 53; 1994, c. 275; 1997, c. 584; 2000, cc. 951, 1065; 2002, c. 856; 2007, cc.\n647, 741; 2010, cc. 587, 643; 2025, c. 97.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}