[Ord. of 1-4-2016[1]]
There is hereby adopted, for the purpose of governing conditions to safeguard life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures and the unsafe storage, handling, and use of substances, materials and devices, including fireworks, explosives and blasting agents, wherever located, that certain code known as "The Virginia Statewide Fire Prevention Code" thereof and the whole thereof.
[1]
Editor's Note: This ordinance superseded former Art. III, which pertained to the fire prevention code and derived from Code 1985, §§ 7-6 — 7-13.
[Ord. of 1-4-2016]
Editions of "The Virginia Statewide Fire Prevention Code" adopted by this article may be purchased from the Virginia Department of Fire Programs Bookstore at 1005 Technology Park Drive, Glen Allen, Virginia 23059-4500 or viewed online at: http://codes.iccsafe.org/app/book/toc/2015_IFC_HTML/index.html.
[Ord. of 1-4-2016]
Any permit issued pursuant to the fire prevention code shall be valid until expired, revoked or suspended.
[Ord. of 1-4-2016]
The enforcement procedures of "The Virginia Statewide Fire Prevention Code" shall be instituted by the fire official and administered in accordance with the provisions set forth in the "Virginia Statewide Fire Prevention Code."
[Ord. of 1-4-2016]
The fire official may grant modifications to any provision of the Virginia Statewide Fire Prevention Code upon application by the owner or the owner's agent provided the spirit and intent of the Virginia Statewide Fire Prevention Code are observed and public health, welfare, and safety are assured. The fire official shall require that sufficient technical data be submitted to substantiate the proposed use of any alternative. If it is determined that the evidence presented is satisfactory proof of performance for the use intended, the fire official shall approve the use of such alternative subject to the requirements of the Virginia Statewide Fire Prevention Code. The fire official may require and consider a statement from a professional engineer, architect or other competent person as to the equivalency of the proposed modification. The application for modification and the final decision of the fire official shall be in writing and shall be recorded in the permanent records of the Town.
[Ord. of 1-4-2016]
The Local Board of Fire Prevention Code Appeals is hereby designated as the appeals board to hear appeals arising from the application of the provisions of "The Virginia Statewide Fire Prevention Code."
[10-1-2025 by Ord. No. 2025.10.01]
(a) 
Pre-blast surveys shall be offered by the blasting permittee or their representative for all structures located within 300 feet of the blast site, to be defined as the specific location of the blast. The blasting permittee shall maintain written confirmation that each survey has been completed. Requests for access to conduct surveys shall be sent by certified mail to the last known address of the property owner(s). Where access is granted, surveys shall document the pre-blast condition of the structure.
(b) 
A minimum of 10 days' notice shall be provided when scheduling surveys. Documentation, including a written acknowledgment by the property owner indicating that the survey was either accepted or declined, along with a map depicting the 300-foot radius from the blast site, shall be submitted to the Fire Marshal at the time of site inspection. The Fire Marshal may, at their discretion, require additional surveys beyond the 350-foot radius.
(c) 
Pre-blast notification. All structures within 300 feet of the blast site shall receive written notification at least 48 hours prior to the start of blasting operations. No blasting shall occur until such notice has been provided.
[1]
Editor's Note: Former § 34-57, which pertained to new materials, and processesor occupancies which may require permits and derived from Code 1985, § 7-12, was repealed 1-4-2016.
[Ord. of 1-4-2016]
(a) 
When the fire official discovers an alleged violation of the provisions of the Virginia Statewide Fire Prevention Code or other codes or ordinances under the fire official's jurisdiction, the fire official shall prepare a written notice citing the section allegedly violated, describing the condition deemed unsafe and specifying time limitations for the required abatements to be made to render the structure or premises safe and secure.
(b) 
Notices of violation issued shall indicate the right to appeal by referencing the appeals section of the Virginia Statewide Fire Prevention Code.
(c) 
The written notice of violation shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice shall be served either by delivering a copy of same to such persons by mail to the last known post office address, by delivering in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or, in the case such person is not found upon the premises, by affixing a copy thereof in a conspicuous place at the entrance door or avenue of access. Such procedure shall be deemed the equivalent of personal notice.
(d) 
If the notice of violation is not complied with within the time specified, the fire official shall request the legal counsel of the Town to institute the appropriate legal proceedings to restrain, correct, or abate such alleged violation.
(e) 
Penalties upon conviction of violating the Virginia Statewide Fire Prevention Code shall be as set out in § 27-100 of the Code of Virginia.
(f) 
When authorized and certified in accordance with § 27-34.2 of the Code of Virginia, the fire official may, subject to any limitations imposed by the Town, issue a summons in lieu of a notice of violation. If the fire official is not certified in accordance with § 27-34.2 of the Code of Virginia the law-enforcement agency of the Town may make arrests for any alleged violations of the Virginia Statewide Fire Prevention Code or orders affecting the immediate public safety.
[Ord. of 1-4-2016]
(a) 
The fire official shall establish such procedures or requirements as may be necessary for administration and enforcement of this ordinance. The procedures are to be approved by the Town of Abingdon Council.
(b) 
In accordance with § 27-97 of the Code of Virginia, fees may be levied by the Town of Abingdon Council in order to defray the cost of enforcement and appeals under the Virginia Statewide Fire Prevention Code.
(c) 
Fees may be set from time to time by the Town of Abingdon Council and a current copy of which may be obtained at the fire official's office.