*Cross references – Fire alarm systems, Chapter 8.10 SCC; requirements and charges for fire sprinkler system connected to city water system, SCC § 13.15.120; damaging fire hydrants, SCC § 13.15.160; building regulations, Title 15; buildings constituting fire hazards designated as unsafe buildings, SCC § 15.20.030.
State law references – Fire protection, Code of Virginia, Title 27.
(1) 
The Virginia Statewide Fire Prevention Code, as amended and adopted by the Commonwealth of Virginia Board of Housing and Community Development, of which copies are filed and maintained and required by law is hereby adopted and incorporated herein by reference as fully as if set forth and the provisions thereof shall be controlling in the local enforcement for the protection of 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 handling and use of material and devices, including explosives and blasting agents, wherever located.
(2) 
The fire code official and any deputy or assistant fire code official shall be appointed by the city manager and shall have all powers set forth in the Virginia Statewide Fire Prevention Code. In the absence of such appointment, the fire chief of the city shall be fire code official. Any deputy or assistant fire code official may perform the duties of the fire code official in the fire code official's absence or when otherwise designated by the fire code official or city manager.
State law reference – Authority of city to adopt fire prevention code, Code of Virginia, § 27-97.
(Code 1985 § 13-31; Code 1964, 12-5; Ord. 3-24-88; Ord. 1-9-92; Ord. 2-24-94; Ord. 12-13-01; Ord. 2015-18)
(1) 
The city is empowered to adopt fire prevention regulations that are more restrictive or more extensive in scope than the Statewide Fire Prevention Code provided such regulations do not affect the manner of construction, or materials to be used in the erection, alteration, repair, or use of a building or structure, including the voluntary installation of smoke alarms and regulation and inspections thereof in commercial buildings where such smoke alarms are not required under the provisions of the code. The following provisions of this chapter are in addition to the Virginia Statewide Fire Prevention Code: Appendix B through J.
(Ord. 2015-18)
Copies of the fire prevention code adopted by this chapter are available for viewing at the office of the fire code official during normal business hours.
(Code 1964 § 12-6; Code 1985 § 13-32; Ord. 2015-18)
The fire marshal, deputy and assistant fire marshals and fire code official(s) shall have the authority to enforce the Virginia Statewide Fire Prevention Code, the Code of Virginia and any sections of the Staunton City Code related to fire prevention and protection to the extent authorized under this chapter and under the Code of Virginia.
(Ord. 2015-18)
The fire marshal and deputy and assistant fire marshal and fire code official(s) shall have the authority as prescribed under this chapter to exercise in the same manner and subject to the same conditions, the powers conferred upon other authorities by the Code of Virginia, subject to the limitations prescribed by the Code of Virginia, including the prohibition on the use of a building or equipment.
(Ord. 2015-18)
The fire marshal, deputy and assistant fire marshals and fire code official(s) shall have the right to enter upon any property from which a release of any hazardous materials, hazardous waste, or regulated substance, as defined by state law, has occurred or is reasonably suspected to have occurred and which has entered into the groundwater or soils of the city, in order to investigate the extent and cause of any such release.
(Ord. 2015-18)
The fire and rescue department officer in charge of any fire, explosion or environmental crime incident scene shall contact the fire marshal, deputy fire marshal, or assistant fire marshal to investigate the circumstances involved when such circumstances require investigation.
(Ord. 2015-18)
(1) 
Any person who shall violate any of the provisions of the fire prevention code adopted by this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the local board of fire prevention code appeals or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a Class 1 misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
(2) 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Code 1964 § 12-10; Code 1985 § 13-34; Ord. 2015-18)
(1) 
As a condition to issuance of a blasting permit, the applicant for such permit shall comply with the financial responsibility provisions of the Explosives and Fireworks chapter of the Virginia Statewide Fire Prevention Code.
(2) 
Where blasting is to be conducted in an area where there is a high density of persons or where there are a number of nearby structures of two stories or more, the fire code official may require liability insurance coverage greater than that specified in subsection (1) of this section, in order to adequately make available protection commensurate with the risk to persons and property.
(3) 
This section shall not apply to blasting operations undertaken by city forces.
Charter reference – Authority of council to regulate storage, sale and use of explosives, § 11(14).
(Code 1964 § 12-29; Code 1985 § 13-35; Ord. 3-24-88; Ord. 1-9-92; Ord. 12-14-01; Ord. 2015-18)
(1) 
Payment Prerequisite to Issuance or Amendment of Permit. No permit required by the Virginia Statewide Fire Prevention Code to begin work shall be issued until the fees prescribed in this section have been paid to the department of building inspection or other authorized municipal agency, nor shall an amendment be made to such a permit necessitating an additional fee, because of an increase in the estimated cost of the work involved, be approved until the additional fee has been paid.
(2) 
Fees. The fees for fire code permits shall be as follows:
Description
Permit Required
Fee
Time
Amusement Buildings. An operational permit is required to operate a special amusement building.
Yes
$25.00
Event
Carnivals and Fairs. An operational permit is required to conduct a carnival or fair.
Yes
$100.00
Event
Explosives. An operational permit is required:
To store explosives, fireworks or pyrotechnic special effects – per site.
Yes
$200.00
Annual
To use explosives – per site.
Yes
$150.00
90 Days
To conduct a fireworks display (public or private).
Yes
$200.00
Event
Sale of fireworks – per site. (Allowed June 1st through July 15th per calendar year.)
Yes
$100.00
45 Days
Flammable and Combustible Liquids. An operational permit is required:
To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes – per site.
Yes
$50.00
90 Days
To remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank – per site.
Yes
$100.00
90 Days
To change the type of contents stored in a flammable or combustible liquid tank to a material which poses greater hazard than that for which the tank was designed and constructed – per site.
Yes
$50.00
90 Days
To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
Yes
$50.00
Annual
To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.
Yes
$50.00
Annual
Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below:
Yes
$50.00
Annual
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
Type of Material
Amount
Combustible liquids
See Flammable and combustible liquids
Corrosive materials
Gases
200 cubic ft (at NTP)
Liquids
55 gallons
Solids
100 pounds
Explosive materials
See Explosives
Flammable materials
Gases
200 cubic ft (at NTP)
Liquids
See Flammable and combustible liquids
Solids
100 pounds
Highly toxic materials
Gases
Any amount
Liquids
Any amount
Solids
Any amount
Oxidizing materials
Gases (including oxygen)
504 cubic ft. (at NTP)
Liquids
Class 4
Any amount
Class 3
1 gallon
Class 2
10 gallons
Class 1
55 gallons
Solids
Class 4
Any amount
Class 3
10 pounds
Class 2
100 pounds
Class 1
500 pounds
Organic Peroxides
Liquids
Class I
Any amount
Class II
Any amount
Class III
1 gallon
Class IV
2 gallons
Class V
No permit required
Solids
Class I
Any amount
Class II
Any amount
Class III
10 pounds
Class IV
20 pounds
Class V
No permit required
Pyrophoric materials
Gases
200 cubic ft. (at NTP)
Liquids
Any amount
Solids
Any amount
Toxic materials
Gases
Any amount
Liquids
10 gallons
Solids
100 pounds
Unstable (reactive) materials
Liquids
Class 4
Any amount
Class 3
Any amount
Class 2
5 gallons
Class 1
10 gallons
Solids
Class 4
Any amount
Class 3
Any amount
Class 2
50 pounds
Class 1
100 pounds
Water-reactive materials
Liquids
Class 3
Any amount
Class 2
5 gallons
Class 1
55 gallons
Solids
Class 3
Any amount
Class 2
50 pounds
Class 1
500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg
LP-Gas. An operational permit is required for:
Yes
$50.00
Annual
1. Storage and use of LP-gas.
Exception: An operational permit is not required for individual containers with a 500-gallon (1,893-L) water capacity or less serving occupancies in Group R-3; and
2. Operation of cargo tankers that transport LP-gas.
Pyrotechnic Special Effects Material or Flame Effects Material. An operational permit is required for indoor use and handling of pyrotechnic special effects material or flame effect material.
Yes
$100.00
Event
Storage of Scrap Tires and Tire Byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts.
Yes
$50.00
Annual
Temporary Membrane Structures, Tents and Canopies. An operational permit is required to operate an air-supported temporary structure or a tent that covers an area in excess of 400 square feet (37 m2) and less than 900 square feet (84 m2).
Yes
$25.00
Event
Exceptions:
Tents used exclusively for recreational camping purposes;
Tents and air-supported structures that cover an area of 400 square feet or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons;
Fabric canopies and awnings open on all sides which comply with the following:
Individual canopies shall have a maximum size of 700 square feet (65 m2);
The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3,658 mm) shall not exceed 700 square feet (65 m2) total; and
A minimum clearance of 12 feet (3,658 mm) to structures and other tents shall be provided.
(3) 
Refunds. Refunds shall be issued at the discretion of the fire code official or their designee. Refunds shall be based on the amount of staff work completed at the time of the request for permit withdrawal, with the refund not to exceed 50 percent of the permit cost.
(Ord. 2005-11; Ord. 2015-18; Ord. 2020-15)
The fee schedule for inspections and/or reviews is as follows for the indicated purposes:
PURPOSE
DESCRIPTION
FEE
Required Fire Inspection for Social Service Licensure (Ex.: Day Care/Adult Care, etc.) or Behavioral Health Licensure
1 – 8 persons
$50
9 – 20 persons
$75
21 – 50 persons
$100
51 – 100 persons
$200
101 – 150 persons
$300
151 – 200 persons
$400
201 or more persons
$500
Re-inspection Fees
Initial inspection and first re-inspection, if all violations are corrected, no charge. Upon 3rd inspection and each subsequent inspection incurs an increased fee until remediation is reached or all violations are corrected.
$0 (violations corrected)
$50 (3rd inspection)
$100 (per inspection for 4 or more)
Staunton Fire and Rescue Plan Review Fee
Special event permit
$50 (per application)
All other
$50.00
(Ord. 2015-18; Ord. 2020-15)
The board of building code appeals (BBCA) shall act as the board to hear all fire code related appeals. An appeal case of applied appendixes decided by the BBCA shall constitute an appeal in accordance with this section and shall be final. Appeals regarding the Virginia Statewide Fire Prevention Code shall also be heard by the BBCA and in accordance with the provisions set forth in Chapter 1 of the Virginia Statewide Fire Prevention Code.
(Code 1964 § 12-8; Code 1985 § 13-37; Ord. 12-13-01; Ord. 2015-18)