                                 CODE OF VIRGINIA

ENFORCEMENT OF FIRE PREVENTION CODE; APPEALS FROM DECISIONS OF LOCAL ENFORCING
AGENCIES; INSPECTION OF BUILDINGS (§ 27-98)

Any local government may enforce the Fire Prevention Code in its entirety or
with respect only to those provisions of the Fire Prevention Code relating to
open burning, fire lanes, fireworks, and hazardous materials. If a local
governing body elects to enforce only those provisions of the Fire Prevention
Code relating to open burning, it may do so in all or in any designated
geographic areas of its jurisdiction. The State Fire Marshal shall also have the
authority, in cooperation with any local governing body, to enforce the Code.
The State Fire Marshal shall also have authority to enforce the Code in those
jurisdictions in which the local governments 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 jurisdictions. In addition,
subject to the approval of the Board of Housing and Community Development, the
State Fire Marshal may charge a fee to recover the actual cost of administering
and enforcing the Code in jurisdictions for which he serves as the enforcement
authority. No fee may be charged for the inspection of any school. The State
Fire Marshal 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 fireworks to fire departments as
defined in § 27-6.1 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 jurisdiction that enforces the Code may establish such
procedures or requirements as may be necessary for the administration and
enforcement of the Code. Appeals concerning the application of the Code by the
local enforcing agency shall first lie to a local board of appeals and then to
the State Building Code Technical Review Board. Appeals from the application of
the Code by the State Fire Marshal shall be made directly to the State Building
Code Technical Review Board as provided in Article 2 (§ 36-108 et seq.) of
Chapter 6 of Title 36. Fees may be levied by the local governing body in order
to defray the cost of such enforcement and appeals; 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 Fire Prevention Code shall exceed
$50. For purposes of this section, &#8220;defray the cost&#8221; 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 ordinance. 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 appeal to a local board of appeals. If no local board of appeals exists,
the State Building Code Technical Review Board shall hear appeals of any local
fire code violation.

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.