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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73713</law_id><section_number>27-98</section_number><catch_line>Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-922.1</reference><reference>27-99</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>Any <span class="dictionary">local government</span> may enforce the <span class="dictionary">Fire Prevention Code</span> in its entirety or with respect only to those provisions of the <span class="dictionary">Fire Prevention Code</span> relating to open burning, fire lanes, <span class="dictionary">fireworks</span>, and hazardous <span class="dictionary">materials</span>. If a local governing body elects to enforce only those provisions of the <span class="dictionary">Fire Prevention Code</span> relating to open burning, it may do so in all or in any designated geographic areas of its <span class="dictionary">jurisdiction</span>. The <span class="dictionary">State Fire Marshal</span> shall also have the authority, in cooperation with any local governing body, to enforce the Code. The <span class="dictionary">State Fire Marshal</span> shall also have authority to enforce the Code in those <span class="dictionary">jurisdictions</span> in which the <span class="dictionary">local governments</span> do not enforce the Code and may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code in such <span class="dictionary">jurisdictions</span>. In addition, subject to the approval of the <span class="dictionary">Board</span> of Housing and Community Development, the <span class="dictionary">State Fire Marshal</span> may charge a fee to recover the actual cost of administering and enforcing the Code in <span class="dictionary">jurisdictions</span> for which he serves as the enforcement authority. No fee may be charged for the inspection of any school. The <span class="dictionary">State Fire Marshal</span> shall not charge a fee for the approval and administration of a permit issued pursuant to regulation L.107.11 of 13VAC5-52-70 for explosives, blasting agents, theatrical flame effects, and <span class="dictionary">fireworks</span> to fire departments as defined in &#xA7;&#xA0;<a class="law" title="Establishment of fire department; chief, officers, and employees" href="/27-6.1/">27-6.1</a> and emergency medical services agencies as defined in 12VAC5-31-10 in localities with a total population of less than 10,000 as determined by the most recent federal decennial census by the United States Census Bureau. Any such fire departments or emergency medical services agencies shall still fully comply with the provisions of this chapter. The local governing body of any <span class="dictionary">jurisdiction</span> that enforces the Code may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code. <span class="dictionary">Appeals</span> concerning the application of the Code by the local enforcing agency shall first lie to a local <span class="dictionary">board</span> of <span class="dictionary">appeals</span> and then to the State Building Code Technical Review <span class="dictionary">Board</span>. <span class="dictionary">Appeals</span> from the application of the Code by the <span class="dictionary">State Fire Marshal</span> shall be made directly to the State Building Code Technical Review <span class="dictionary">Board</span> as provided in Article 2 (&#xA7;&#xA0;<a class="law" title="Board continued; members" href="/36-108/">36-108</a> et seq.) of Chapter 6 of Title 36. Fees may be levied by the local governing body in <span class="dictionary">order</span> to defray the cost of such enforcement and <span class="dictionary">appeals</span>; however, for the City of Chesapeake no fee charged for the inspection of any place of religious worship designated as Assembly Group A-3 under the <span class="dictionary">Fire Prevention Code</span> shall exceed $50. For purposes of this section, &#x201C;defray the cost&#x201D; may include the fair and reasonable costs incurred for such enforcement during normal business hours, but shall not include overtime costs, unless conducted outside of the normal working hours established by the locality. A schedule of such costs shall be adopted by the local governing body in a local <span class="dictionary">ordinance</span>. A locality shall not charge an overtime rate for inspections conducted during the normal business hours established by the locality. Nothing herein shall be construed to prohibit a private entity from conducting such inspections, provided the private entity has been approved to perform such inspections in accordance with the written policy of the fire official for the locality. Any local fire code may provide for an <span class="dictionary">appeal</span> to a local <span class="dictionary">board</span> of <span class="dictionary">appeals</span>. If no local <span class="dictionary">board</span> of <span class="dictionary">appeals</span> exists, the State Building Code Technical Review <span class="dictionary">Board</span> shall hear <span class="dictionary">appeals</span> of any local fire code violation.</p></section></text><history>1986, c. 429; 1994, c. 275; 2000, cc. 941, 1001; 2001, c. 570; 2004, c. 787; 2008, c. 499; 2010, c. 102; 2012, cc. 607, 635; 2025, c. 332.</history><metadata></metadata></law>
