A. 
The purpose of this chapter is to consolidate into one document the necessary requirements for the prevention or the minimizing of the loss of lives and property that may result from fire in Frederick County.
B. 
The Virginia Statewide Fire Prevention Code (VSFPC), as set forth in § 27-94 et seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended, shall be enforced in the County. Except as specifically modified by this chapter, all the provisions and requirements of the Statewide Fire Prevention Code are hereby adopted, mutatis mutandis, and made part of this chapter as if fully set forth and shall be known as the Frederick County Fire Prevention Code (FCFPC). No person within the County shall violate or fail, neglect or refuse to comply with any provision of the Frederick County Fire Prevention Code and in no event shall the penalty imposed for the violation of any provision or requirement adopted herein exceed the penalty imposed for a similar offense under such § 27-94 et seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended.
[Amended 5-8-2019]
[Amended 5-8-2019]
A. 
There is hereby established in and for the County the position of Fire Marshal, who shall be responsible for the administration and enforcement of this chapter and, in addition, such official shall have the powers outlined in § 27-98.1 of the Code of Virginia. The Board of Supervisors authorizes the appointment of such Fire Marshal as designated by the System Chief of the Frederick County Department of Fire and Rescue. The investigation into the origin and cause of every fire and explosion occurring within the limits for which he/she is appointed, investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances, and fire bombs, and environmental crimes shall be the responsibility of the Fire Marshal and/or a designated representative. The Fire Marshal and his designated representative(s) shall have the power to arrest, to procure and serve warrants of arrest, and to issue summonses in the manner authorized by general law in connection with the violation of fire prevention and fire safety laws and related ordinances, all as provided in § 27-34.2 of the Code of Virginia. The Fire Marshal and his designated representative(s) shall further have the same police powers as a sheriff, police officer, or law enforcement officer, as provided in § 27-34.2:1 of the Code of Virginia.
[Amended 5-26-2021]
B. 
The requirements in this chapter shall be administered and enforced by the Frederick County Fire Marshal or a designated representative as referred to as the "Authority Having Jurisdiction."
C. 
Subject to the provisions of Subsection E, the Fire Marshal or a designated representative shall interpret this section, where necessary, and that interpretation shall be binding and final.
D. 
This chapter shall apply to all matters affecting or relating to structures, processes and premises as set forth in Sections 101 and 102 of the FCFPC, except that this chapter shall not apply within the boundaries of any incorporated town in the County that has a duly appointed Fire Code Official.
E. 
Appeals concerning the administration, enforcement, interpretation, and/or application of this chapter by the Fire Marshal or a designated representative shall first lie to the County Board of Building Code Appeals created under § 52-8 of this Code and then to the State Building Code Technical Review Board. Appeals hereunder to the County Board of Building Code Appeals shall be subject to the payment of the same fees as apply to appeals of matters involving the Virginia Uniform Statewide Building Code. Appeals from the application of the VSFPC by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in § 36-108 et seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended.
A. 
Definitions of words defined in this article are intended for use only with sections of this article. Definitions set forth in any document referenced by this article are intended for use only with that document only. Words not specifically defined in this article or other referenced documents shall be interpreted as being the ordinary usage of the word as set forth in the most recent edition of Webster's Third New International Dictionary of the English Language, Unabridged.
B. 
As used in this article, the following terms shall have the meanings indicated:
APPROVED
Acceptable to the Frederick County Fire Marshal or a designated representative.[1]
[Amended 5-8-2019]
CURB CUT
Reduced curb height to facilitate vehicle passage over or across a curb. A curb cut can be an abrupt reduction or may be a tapering reduction for the length of the curb on each side of the means of access.
DWELLING
A single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.[2]
FIRE CODE OFFICIAL
The same as "Fire Marshal" and any of his/her designated representatives.
[Amended 5-8-2019]
FIRE DEPARTMENT
The Frederick County Fire and Rescue Department, the local volunteer fire company that is the first due company in an area, and any fire company that actually responds to a call for service at a particular location.[3]
FIRE DEPARTMENT CONNECTION (FDC)
A connection through which the Fire Department can pump supplemental water into a sprinkler system, standpipe, or other system, furnishing water for fire extinguishment to supplement existing water supplies.
[Added 5-8-2019]
FIRE HYDRANT
A valved connection on a piped water supply system, having one or more outlets and which is used to supply hose and Fire Department pumpers with water.
FIRE LANE
The road or other passageway developed to allow the passage of fire apparatus.
FIRE MARSHAL
The sworn law enforcement official having the responsibilities set out in § 90-2A of this Code.
[Amended 5-8-2019]
FIRE PROTECTION SYSTEM
Approved devices, equipment, and/or systems used to detect a fire, activate an alarm, extinguish or control a fire, and/or control or manage smoke and products of a fire, and/or any combination thereof.[4]
[Amended 5-8-2019]
KEY BOX
A secure device with a lock operable only by a Fire Department master key, and containing building entry keys and other keys that may be required for access in an emergency.
[Added 5-8-2019]
MEANS OF ACCESS
The method or arrangement by which entry or approach is made to a building area by Fire Department apparatus and personnel.
PRIVATE DRIVE
The same as a "private street."[5]
PRIVATE ROAD
The same as a "private street."
PRIVATE STREET
Any accessway normally intended for vehicular use in the movement between points within a building site area or between a building site and a street.
RISER
The vertical supply pipes in a sprinkler system.
[Added 5-8-2019]
ROADWAY
Any street, private street or fire lane.
SPRINKLER SYSTEM
For fire protection purposes, an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes at least one automatic water supply that supplies one or more systems. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are attached in a systematic pattern. Each system has a control valve located in the system riser or its supply piping. Each sprinkler system includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.
[Added 5-8-2019]
STANDPIPE
A pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire-fighting purposes.[6]
STREET
A public thoroughfare (street, avenue or boulevard) which has been dedicated for vehicular use by the public and can be used for access by Fire Department vehicles.
STRUCTURE
Any building, monument or other object that is constructed with the ground as its foundation or normal resting place.[7]
[1]
Editor's Note: The former definitions of "Assistant Fire Marshal" and "automatic fire-extinguishing system," which immediately followed this definition, were repealed 5-8-2019.
[2]
Editor’s Note: The former definition of "existing condition," which immediately followed this definition, was repealed 5-8-2019.
[3]
Editor’s Note: The former definition of "fire door," which immediately followed this definition, was repealed 5-8-2019.
[4]
Editor's Note: The former definition of "grade," which immediately followed this definition, was repealed 5-8-2019.
[5]
Editor’s Note: The former definition of "private dwelling," which immediately followed this definition, was repealed 5-8-2019.
[6]
Editor’s Note: The former definition of "story," which immediately followed this definition, was repealed 5-8-2019.
[7]
Editor’s Note: The former definition of "supervised automatic fire-extinguishing system," which immediately followed this definition, was repealed 5-8-2019.
The following requirements shall apply to all construction or land development activities in areas of the County to which this article applies:
A. 
Means of access for Fire Department apparatus.
(1) 
The means of access for Fire Department apparatus and personnel shall consist of fire lanes, private streets, streets, parking lot lanes or a combination thereof.
(2) 
Parking in any means of access shall not be permitted within 15 feet of a fire hydrant, any Fire Department connection, or in any other manner which will obstruct or interfere with the Fire Department's use of the hydrant or connection.
[Amended 5-8-2019]
(3) 
"No Parking Fire Lane" signs or another designation approved by the Fire Marshal's office and indicating that parking is prohibited shall be provided at all normal and emergency access points to structures and within 15 feet of each fire hydrant, or any Fire Department connection.
[Amended 5-8-2019]
B. 
Fire lanes.
(1) 
The Fire Marshal or a designated representative may designate both public and private fire lanes as required for the efficient and effective use of fire apparatus. Said fire lanes shall be marked in a manner prescribed by the Fire Marshal or a designated representative. Parking in a designated fire lane shall be controlled by Chapter 158, Vehicles and Traffic, of the Frederick County Code.
[Amended 5-8-2019]
(2) 
Fire lanes shall be at least 20 feet in width, with the road edge closest to the structure at least 10 feet from the structure, be constructed of a hard all-weather surface adequately designed to support any fire apparatus likely to be operated in such fire lane or be of subsurface construction designed to support the same loads as the above surfaces and be covered with no more than three inches of soil or sod, or both, and be designed with radii of sufficient length to allow for safe turning by any fire apparatus likely to be operated on such fire lane.
(3) 
Fire lanes connecting to public streets, roadways or private streets shall be provided with curb cuts extending at least two feet beyond each edge of the fire lane.
(4) 
Chains or other barriers may be provided at the entrance to fire lanes or private streets, provided that they are installed according to the requirements of the Authority Having Jurisdiction.
C. 
Parking lot lanes. Parking lot lanes shall have a minimum of 15 feet clear width between rows of parked vehicles for vehicular access and movement.
D. 
Location of structures shall comply with regulations set forth in the Frederick County Fire Prevention Code (FCFPC).
[Amended 5-8-2019]
E. 
Water supply.
[Amended 5-8-2019]
(1) 
Water supply systems shall be designed so as to be capable of supplying at least 1,000 gallons per minute with a minimum of 20 pounds per square inch (psi) residual. Water supplies shall be made available and operational before combustibles are on site during construction.
(2) 
In areas developed with single-family detached or duplex dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In areas developed with six or more dwelling units per structure, there shall be at least two hydrants within 300 feet of all units. In areas developed with industrial or commercial development(s), there shall be a hydrant within 300 feet of all portions of any structure.
(a) 
Distance measurements in this subsection shall be along center-line roadway surfaces or along surfaces meeting the requirements of a fire lane (designated or undesignated) where appropriate, but in all cases access to each hydrant shall be directly from a roadway and/or fire lane.
(b) 
Commercial buildings that have an FDC shall have one hydrant dedicated to the operation of the FDC, which shall not be farther than 50 feet from the FDC, and there shall be at least one other hydrant meeting the distance requirements set forth in this subsection.
(3) 
Fire hydrant tops and caps shall indicate the available gallons per minute (GPM) in accordance with National Fire Protection Association (NFPA) 291.
(4) 
In parking areas where curbing is not present, vehicle impact protection shall be required as per the FCFPC.
(5) 
Fire hydrants shall be located within three feet of the curbline of fire lanes, streets or private streets when installed along such accessways.
(6) 
Fire hydrants shall be installed in accordance with the standards of the Frederick County Sanitation Authority (which trades/operates as Frederick Water).
(7) 
Threads on fire hydrant outlets shall conform to Frederick County Sanitation Authority (which trades/operates as Frederick Water) policy.
(8) 
Fire hydrants shall be supplied by not less than a six-inch diameter main. Each six-inch line shall supply no more than one hydrant.
F. 
All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all sprinkler systems shall be electronically supervised by listed fire alarm control units. Exceptions:
[Added 5-8-2019[1]]
(1) 
Automatic sprinkler systems protecting one- and two-family dwellings.
(2) 
Limited area systems serving fewer than 20 sprinklers.
(3) 
Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply main is used to supply both domestic water and the automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided.
(4) 
Jockey pump control valves that are sealed or locked in the open position.
(5) 
Control valves to commercial kitchen hoods, paint spray booths or dip tanks that are sealed or locked in the open position.
(6) 
Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
(7) 
Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position.
[1]
Editor's Note: This ordinance also redesignated former Subsections F and G as Subsections G and H, respectively.
G. 
Fire protection during construction. Trash, debris and other combustible material shall be removed from the construction site as often as necessary to maintain a firesafe construction site.
H. 
Plans. The Fire Code Official shall have the authority to require construction documents and calculations for all fire protection systems and to require permits be issued for the installation, rehabilitation or modification of any fire protection system. Construction documents for fire protection systems shall be submitted for review and approval prior to system installation.
[Amended 5-8-2019]
I. 
Key boxes. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the Fire Code Official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys or other devices to gain necessary access as required by the Fire Code Official.
[Added 5-8-2019]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment.