Pursuant to the provisions of § 27-97, Code of Virginia, there is hereby adopted by the board of supervisors, for the purpose of prescribing and enforcing regulations governing conditions hazardous to life and property from fire or explosions, that certain code known as the Virginia Statewide Fire Prevention Code, save and except such portions as are modified or amended in this article, and the same are hereby adopted and incorporated as fully as if set out in full herein, all of which are referred to in this chapter as the "fire prevention code." The fire chief or the chief's duly authorized representative shall enforce the fire prevention code.
The following words and terms, when used in the fire prevention code, shall have the definitions ascribed to them in this section:
- FIRE OFFICIAL OR CODE OFFICIAL
- The fire chief of the County or the chief's duly authorized representative.
- The County of York Virginia.
- LEGAL COUNSEL OF THE JURISDICTION
- The attorney appointed by the board of supervisors to represent the County in legal matters.
Generally. The Virginia Statewide Fire Prevention Code is hereby amended, modified and changed as set out in the following subsections of this section.
Section F-104.2 is hereby amended to read as follows:
Permits required: Permits shall be obtained, when required, from the fire official. Permits shall be available at all times on the premises designated in the permit for inspection of the fire official. Fees for such permits, and for inspections, shall be in such amounts as are from time to time established by resolution of the board of supervisors.
Section F-105.1 is hereby amended to read as follows:
The York County Building Code Appeals Board is hereby constituted as, and shall serve as, the York County Board of Fire Prevention Code Appeals.
The board shall elect a chairman and a secretary, who shall serve for the term to which they were appointed by the board. A majority of the members of the board shall constitute a quorum. The board shall operate in accordance with the applicable provisions of the Administrative Process Act, § 9-6.14, Code of Virginia. All board hearings shall be open to the public. All resolutions or findings of the board shall be in writing and made available for public viewing.
The fire official shall provide clerical support to the board within personnel and budgeting limits.
Appeals to the board may be made by the person cited for violation when aggrieved by any decision or interpretation of the fire official made under the provisions of this code. The board shall meet within 20 days of receipt of any appeal application by the board.
Section F-311.4 is hereby added to read as follows:
Marking: The marking and posting of fire lanes shall be the responsibility of the property owner. The requirements are:
Diagonal stripes and "No Parking Fire Lane" shall be painted the on the right-of-way in traffic yellow paint.
The curb shall be painted traffic yellow.
Signs shall be installed in plain view of motorists. The signs shall be 12 inches by 18 inches in size and shall read "No Parking Fire Lane" in red letters with a white background.
Section F-316.0 is hereby added to read as follows:
Prohibition of Certain Cooking Devices: No charcoal, flammable liquid, or liquefied petroleum gas, brazier, hibachi, grill, stove or similar device shall be ignited or used on the balconies, patios or decks of multifamily buildings, single-family attached buildings or similar structures when such balconies, patios or decks are constructed of combustible materials. Where rental units are involved, the management shall notify all tenants in writing of this requirement at the time the tenant initially occupies the premises and shall take reasonable steps to ensure compliance. Electric grills meeting the requirements of a nationally recognized testing laboratory for use on combustible materials may be used on balconies, patios or decks, provided the manufacturer's instructions are followed.
[Repealed by Ord. O97-1(R), February 5, 1997]
Section F-520.0 is hereby added to read as follows:
The owner of any building of the following occupancy types shall install, maintain and inspect, at least annually, smoke detectors. Smoke detectors installed pursuant to this section shall be installed in conformance with the fire prevention code and the Uniform Statewide Building Code in the following:
Any building containing one or more dwelling units.
Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons.
Rooming houses regularly used, offered for or intended to provide overnight sleeping accommodations.
Smoke detectors installed pursuant to this section shall be in conformance with the provisions of the Uniform Statewide Building Code. Either battery-operated or AC-powered units are acceptable.
Maintenance of smoke detectors must be in conformance with Section F-513.0 of this Code.
The owner of any dwelling unit of the kind listed in subparagraph (1), above, which shall be rented or leased, at the beginning of each tenancy and at least annually thereafter shall furnish the tenant with a certificate that all required smoke detectors are present, have been inspected, and are in good working order. Except for smoke detectors in hallways, stairwells and other public or common areas of multifamily buildings, interim testing, repair and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detectors within five days of receipt of written notice from the tenant that such smoke detector is in need of service, repair or replacement.
The owner of any dwelling unit subject to the requirements of this section shall maintain for a period of no less than two years records reflecting the owner's compliance with this section. Such records shall verify the installation, date, and location of each smoke detector, and with respect to units under lease, the name and address of each tenant. These records must be available for inspection by the fire official during regular business hours upon request.
Section F-2103.2 is hereby added to read as follows:
Inside storage: Storage in buildings and structures shall be orderly and shall not be within two feet of the lowest part of the ceiling assembly; provided, however, that all storage shall be not be less than 18 inches below sprinkler heads and shall be located so as not to obstruct the means of egress from the building or structure.
Section F-2103.4 is hereby added to read as follows:
Section F-2103.4. Dumpsters: Dumpsters located outside of a building or structure and used for trash and debris shall be located a minimum of 20 feet from any structure or as otherwise approved by the fire official.
Chapter 31, Fireworks, is hereby amended to read as follows:
Section F-3101.0 General
Section F-3101.1 Scope.
The manufacture of fireworks is prohibited within the County. The display, sale or discharge of fireworks shall comply with the requirements of this article and the requirements of Chapter 11, Title 59.1, of the Code of Virginia.
Section F-3101.2 Permit required.
A permit shall be obtained from the fire official for the display, sale or discharge of fireworks.
Section F-3101.3 Permit applications.
Application for permits shall be made in writing at least 15 days in advance of the date of the display or discharge of fireworks. The sale, possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein.
Section F-3102.1 Definitions.
"Fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, sparklers or other devices of like construction and any or other devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 grain (16.2mg) of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.
Section F-3103.0 Sale and Discharge
Section F-3103.1 General.
It shall be a violation of this code for any person to store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as provided in the rules and regulations issued by the fire official for the granting of permits for supervised public displays of fireworks by the County, fair associations, amusement parks and other organizations. Every such display shall be handled by a competent operator approved by the fire official. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the fire official, will not be a hazard to property or endanger any person.
Section F-3103.2 Bond for display.
The permittee shall furnish a bond in an amount deemed adequate by the fire official for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, the permittee's agents, employees or subcontractors.
Section F-3103.3 Exceptions.
Nothing in this article shall be construed to prohibit any resident wholesaler, dealer or jobber from selling at wholesale such fireworks as are not herein prohibited, nor shall it be applicable to the sale or use of materials or equipment, when such materials or equipment is used or to be used by any person for signaling or other emergency use in the operation of any boat, railroad train or other vehicle for the transportation of persons or property, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organization. Such wholesalers, dealers and jobbers shall store their supplies of fireworks in accordance with Section F-3003.0.
Section F-3103.4 Seizure of fireworks.
The fire official shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for display or sale, stored or held in violation of this article.
Section F-3205.10 is hereby added to read as follows:
Special dispenser: No gasoline, motor fuels, or any Class I flammable liquids shall be dispensed, or allowed to be dispensed, at or in any public filling station, unless the dispensing facilities are continually supervised by a qualified person who shall be present at or otherwise observe each dispensing operation. Such supervisor will be provided with positive safety control equipment approved by the fire official.
Copies of the fire prevention code, adopted by this article, including appendices and amendments thereto, shall be kept in the offices of the fire chief and may be inspected between the hours of 8:15 a.m. and 5:00 p.m., Monday through Friday of every calendar week, except those days which are legal holidays. The County Administrator shall make copies of the code available for sale to the public.