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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68330</law_id><section_number>27-97</section_number><catch_line>Adoption of Fire Prevention Code</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>18.2-85</reference><reference>27-34.3</reference><reference>3.2-3602</reference><reference>36-119.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="27">Fire Protection</unit><unit label="chapter" level="2" order_by="1" identifier="9">Statewide Fire Prevention Code Act</unit></structure><text>
						<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 &#xA7;&#xA0;<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.
		The <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.
		The <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>&#x2019;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.
		In 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.
		The <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 &#xA7;&#xA0;<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>.
		The <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></text><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.</history><metadata></metadata></law>
