Part II. THE CODE

Chapter 10. FIRE PROTECTION

Article I. GENERAL PROVISIONS

§ 10-3. Fire prevention code—Amendments, additions and deletions.

Latest version.

The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, § 27-97, in the following respects:

Chapter 1. Administration and Enforcement

106.3 Inspections: Delete and substitute 106.3 as follows:

The fire official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual in accordance with the fire official's written policy. The fire official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body. The fire official may require the owner or owner's agent to inspect the owner's property or equipment in accordance with guidelines approved by the fire official.

106.8 Plans Review and Certificate of Occupancy: Add section 106.8 as follows:

The fire official shall assist the building official in the review of construction plans for compliance with the fire protection provisions of the Virginia Uniform Statewide Building Code for all structures and/or facilities, except detached one- and two-family dwellings, prior to the issuance of a building permit. Furthermore, the fire official shall assist the building official in performing inspections of new systems and structures prior to the issuance of the certificate of occupancy.

106.9 Fire Hydrants: Add section 106.9 as follows:

During the site and/or construction plans review process for construction or change in use of any building or structure, the fire official shall have the authority to require the installation of fire hydrants as he deems necessary to have water available for firefighting purposes prior to the use of combustible materials in construction being commenced on any floor above the first or ground floor level. Such hydrants shall be accessible to firefighting apparatus at the time they are installed and at all times thereafter. The fire official will determine the need for fire hydrants based on the use and size of the structure involved and the availability of water in the area of the property. The number of fire hydrants, their placement and the desired flow shall be determined by regulations established from nationally recognized standards.

106.10 Authority to Take Photographs: Add section 106.10 as follows:

The fire official or his duly authorized representative is authorized to make sketches and take photographs to document conditions he observes that he believes are violations of the provisions of this code. Subsequent to a fire, explosion, or other emergency, photographs may be taken as are necessary to adequately depict the conditions of the property for the purpose of investigation. No person shall prevent the fire official from making sketches or taking photographs.

107.2 Permits required: Add Table 107.2 as follows:

TABLE 107.2 OPERATIONAL PERMIT REQUIREMENTS

DESCRIPTION		PERMIT REQUIRED (yes or no)	PERMIT FEE	INSPECTION FEE
Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.		No
Amusement buildings. An operational permit is required to operate a special amusement building.		No
Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes.		No
Carnivals and fairs. An operational permit is required to conduct a carnival or fair.		No
Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.		No
Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.		No
Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m ³ ). Exception: An operational permit is not required for agricultural storage.		No
Compressed gas. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.		No
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS	AMOUNT (cubic feet at NTP)
Corrosive	200
Flammable (except cryogenic fluids and liquefied petroleum gases)	200
Highly toxic	Any amount
Inert and simple asphyxiant	6,000
Oxidizing (including oxygen)	504
Pyrophoric	Any amount
Toxic	Any amount
For SI: 1 cubic foot = 0.02832 m ²
Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid-fired or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall.		No
Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed below. Exception: Operational permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.		No
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
TYPE OF CRYOGENIC FLUID	INSIDE BUILDING (gallons)	OUTSIDE BUILDING (gallons)
Flammable	More than 1	60
Inert	60	500
Oxidizing (includes oxygen)	10	50
Physical or health hazard not indicated above	Any amount	Any amount
For SI: 1 gallon = 3.785 L.
Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction.		No
Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.		No
Explosives, fireworks, and pyrotechnics. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive materials, fireworks, pyrotechnic special effects, or pyrotechnic special effects material within the scope of Chapter 56.
a. Explosives and blasting agents		Yes	$65.00
b. Explosives, restricted manufacture. An operational permit is required for the restricted manufacture of explosives within the scope of Chapter 56.		Yes	$65.00
c. Explosives, unrestricted manufacture. An operational permit is required for the unrestricted manufacture of explosives within the scope of Chapter 56.		Yes	$65.00
d. Fireworks, public or private display		Yes	$0.00
e. Pyrotechnic special effects materials		Yes	$0.00
Exception: Storage in Group R-3 or R-5 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale, and in accordance with the quantity limitations and conditions set forth in Section 5601.1, exception numbers four and 12.
Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire and EMS department to use or operate fire hydrants or valves.		No
Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems. 2. To store, handle or use Class I liquids in excess of five gallons (19 L) in a building or in excess of ten gallons (37.9 L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.		No
3. 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. 4. 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. 5. 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. 6. To install, alter, 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. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed. 8. To manufacture, process, blend or refine flammable or combustible liquids.		No
Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m ² ) using Class I or Class II liquids.		No
Fruit and crop ripening. An operational permit is required to operate a fruit-ripening, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.		No
Fumigation, thermal, and insecticidal fogging. An operational permit is required to operate a business of fumigation, thermal, or insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.		No
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.		No
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL	AMOUNT
Combustible liquids	See flammable and combustible liquids
Corrosive materials
Gases	See compressed gases
Liquids	55 gallons
Solids	1,000 pounds
Explosive materials	See explosives
Flammable materials
Gases	See compressed gases
Liquids	See flammable and combustible liquids
Solids	100 pounds
Highly toxic materials
Gases	See compressed gases
Liquids	Any amount
Solids	Any amount
Oxidizing materials
Gases	See compressed gases
Liquids
Class 4	Any amount
Class 3	1 gallon ^a
Class 2	10 gallons
Class 1	55 gallons
Solids
Class 4	Any amount
Class 3	10 pounds ^b
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	See compressed gases
Liquids	Any amount
Solids	Any amount
Toxic materials
Gases	See compressed gases
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. a. Twenty gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 gallons or less. b. Twenty pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 pounds or less.
HPM facilities. An operational permit is required to store, handle or use hazardous production materials.		No
High piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m ² ).		No
Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device.		No
6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision.
Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30.		No
Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft ³ ) (236 m ³ ).		No
Liquid-fueled or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid-fueled or gas-fueled vehicles or equipment in assembly buildings.		No
LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exception: An operational permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons (1893 L), serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas.		No
Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium.		No
Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m ³ ) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.		No
Mobile food preparation vehicles. A permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease laden vapors. Exception: Recreational vehicles used for private recreation.		No
Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.
a. Land clearing and/or property maintenance (90 day permit)		Yes	$400.00
b. Tree trimmings and garden trimmings on private property (30 day permit)		Yes	$0.00
Exception: Recreational fires and provided further that the County Administrator may administratively suspend the open burning fee for a temporary period of time after any national, state or local authority declares a disaster affecting all or a portion of the County.
Open flames and candles. An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.		No
Open flames and torches. An operational permit is required to remove paint with a torch; or to use a torch or open-flame device in a wildfire risk area.		No
Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than one gallon (4 L) of an organic coating in one day.		No
Places of Assembly. An operational permit is required to operate a place of assembly.		No
Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants. Exception: An operational permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants.		No
Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material.		Yes	$0.00
Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics.		No
Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.		No
Repair garages and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations.		No
Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.		No
Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24.		No
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 exceeds 2,500 cubic feet (71 m ³ ) of total volume of scrap tires and for indoor storage of tires and tire byproducts.		No
Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an area of 900 square feet (84 m ² ) 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.		No
Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.		No
Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities.		No
Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m ³ ).		No

111.3 Failure to Correct Violations: Delete and substitute 111.3 as follows:

If the notice of violation is not complied with within the time specified by the fire official, the fire official may issue a summons for the violation of the code. The fire official may also request the county attorney to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant to the code.

111.4 Penalties: Delete and substitute section 10-6 of the Chesterfield County Code.

Chapter 2. Definitions

202.0. General Definitions. Add the following definition:

The term "occupant" means any person physically located or situated in or on any property, structure or vehicle irrespective of the length of time or the reason for such occupancy.

Chapter 3. General Precautions Against Fire

307.1 Title and Purpose. Delete and substitute section 307.1 as follows:

This article shall be known as the Chesterfield County Ordinance for the Regulation of Open Burning. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Chesterfield County to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws.

307.1.1 Definitions. Delete and substitute section 307.1.1 as follows:

For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section.

"Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.

"Bonfire" means an outdoor fire utilized for ceremonial purposes.

"Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance.

"Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board.

"Debris waste" means stumps, wood, and brush from property maintenance and/or land clearing operations.

"Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste.

"Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living.

"Hazardous waste" means refuse or combinations of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may:

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed.

"Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living.

"Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses, and steel mills.

"Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills.

"Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms.

"Local landfill" means any landfill located within the jurisdiction of a local government.

"Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy.

"Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney.

"Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and overdraft incinerators.

"Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations.

"Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards.

"Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See solid waste management regulations for further definitions of these terms.

"Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume.

"Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance.

307.2 Open Burning Regulations—General. Delete and substitute Section 307.2 as follows:

No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance.

No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage.

No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide firefighting instruction at firefighting training schools having permanent facilities.

No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials.

No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste.

Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to Code of Virginia, § 10.1-1142, of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution.

Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the fire official.

Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the state air pollution control board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device, and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region.

The fire marshal or his designee may prohibit all open burning with the exception of those exemptions listed in 307.2.1, when he determines that atmospheric conditions or local circumstances make such fires hazardous. Previously issued permits may be extended for the amount of time such prohibition remains in effect.

307.2.1 Exemptions. Delete and substitute subsection 307.2.1 as follows:

The following activities are exempted from the above prohibitions to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution:

Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house firefighting personnel;

Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers;

Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack;

Open burning for forest management and agriculture practices approved by the state air pollution control board; and

Open burning for the destruction of classified military documents.

Open burning for the disposal of evidence under the direction of the Virginia State Police, Chesterfield County Police or the Fire Marshal.

307.2.2 Permissible Open Burning. Add subsection 307.2.2 as follows:

Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met:

A written permit, valid for 30 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: completed information form, the name, address and telephone number of the occupant and, if different, owner of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn;

A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather;

The burning shall take place on the premises of the private property from which the trimmings were taken; and all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division;

The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased;

All fires must be at least 50 feet from any structure;

No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road; and

Permits for burning tree trimmings and/or garden trimmings shall be limited to two per site per year.

Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield Fire & EMS, Fire and Life Safety Division, provided the following conditions are met:

A written permit, valid for 90 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: Fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn, and the name, address and telephone number of the owner and, if different, developer of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn;

The burning shall take place on the site from which the debris waste was generated. All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division;

The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;

The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased;

The burning shall be conducted at the greatest distance practicable from highways and airfields;

The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials;

The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area; and

The permit holder must maintain liability insurance in the minimum amount of $1,000,000.00 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal.

Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met:

A written permit, valid for 90 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn;

The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board;

The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning debris waste, or clean burning demolition waste;

All reasonable effort shall be made to minimize the amount of material that is burned; with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division;

No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and Chesterfield County Fire & EMS, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall be notified of the days during which the burning will occur; and

Sections A. through C. above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of May, June, July, August, or September.

307.2.3 Permits. Add subsection 307.2.3 as follows:

When open burning of debris waste or open burning of debris on the site of a local landfill is to occur within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division.

Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by Chesterfield County Fire & EMS, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions:

All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood.

The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material.

The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased.

The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials.

The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.

The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste.

Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division.

307.2.4 Endangering Other Property. Add subsection 307.2.4 as follows:

No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it will endanger the property of another.

307.2.5 Revocation of Permits. Add subsection 307.2.5:

If any permit holder violates any provision of this ordinance or if any permit holder makes a material misrepresentation on a permit application, The Fire Marshal may require the extinguishments of the fire and the burn permit shall be subject to revocation;

Permits may be revoked or suspended when smoke, ash or other hazards create a public health or safety concern.

307.4 Fees. Delete and substitute section 307.4 as follows:

There shall be no fees for the permit required by Section 307.2.2(A).

Fees for permits required by section 307.2.2(B) and (C) and shall be $400.00.

307.5 Attendance. Delete the words "Open burning".

308.1.4 Add the following sentences to the end of the opening paragraph of section 308.1.4, prior to the Exceptions, as follows:

The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official.

308.1.4 Delete exception 2.

311.5 Placards. Delete and substitute section 311.5 as follows:

Any building or structure that is vacant or abandoned and is determined by the fire official to be unduly dangerous to firefighting operations due to structural or interior hazards shall be marked as required by Sections 311.5.1 through 311.5.5 or marked as required by the fire official.

315.7 Materials Storage Regulation. Add subsection 315.7 as follows:

No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a gross volume of greater than 2,500 cubic feet (70 m ³ ) in any structure or on any premises, except under conditions approved by the code official.

315.8 Storage, Park or Repair. Add subsection 315.8 as follows:

No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel within or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings unless such storage, parking or repairing is conducted as a business. Such businesses must then comply with all applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code.

Chapter 5. Fire Service Features

502.1. General Definitions. Delete and substitute the following definition:

Fire Lane. An area designated by clearly visible signs and/or markings in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to firefighting equipment and facilities.

503.8 Illegal Use. Add subsection 503.8 as follows:

No person shall park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane.

No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane.

The penalty for violation of section 503.8(1) shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of section 503.8(2) shall be the same as for all other violations of this chapter.

Chapter 9 Fire Protection Systems

901.5.1 Altering or Changing Supervisory Services. Add subsection 901.5.1 as follows:

The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being returned to service. The level of testing will be determined by the code official. All testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation.

901.6.1.1 Limited Area Sprinkler Systems. Add subsection 901.6.1.1 as follows:

All limited area sprinkler systems shall be inspected annually and maintained according to NFPA 25 and in accordance with the following standards:

The sprinkler control valve shall be permanently marked with a sign stating "Sprinkler Control Valve." Markings made with embossed plastic tape, pencil, ink, crayon, or similar materials shall not be considered permanent. The sign shall be secured with noncorrosive wire, chain, or other means.

Markings shall be provided in a conspicuous place at the sprinkler control valve and shall state: "Notify the Fire Department (748-1251) before closing valve."

Valves connecting the limited area sprinkler system to the domestic water supply shall be locked open in an approved manner.

901.6.3 Reporting Results of Periodic Tests. Add subsection 901.6.3 as follows:

The individual or company performing any test or inspection required under this article shall provide the code official with a complete written record of the test or inspection within 15 days after it is conducted. Such written record shall note plainly which standard, as referenced by this code, was used for the test or inspection.

901.12 Permits Required.

All modifications, additions, or repair work beyond the scope of routine maintenance and inspections require permits issued by the Building Official in accordance with the Uniform Statewide Building Code.

904.12.1.1 Manual Operations. Add subsection 904.12.1.1 as follows:

Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management.

904.12.6.4 Ventilation System. Add subsection 904.12.6.4 as follows:

The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. Cooking appliances, which require a commercial kitchen exhaust hood system, shall not be operated while the fire suppression system or kitchen exhaust system is non-operational or otherwise impaired.

907.9 Nuisance Alarm Activations. Add section 907.9 as follows:

The owner and/or the occupant of any structure served by a fire protection system which has activated on two or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate.

Chapter 10. Means of Egress

1031.10 Marking Means of Egress. Add subsection 1031.10 as follows:

The code official may require the means of egress through storage areas to be marked, and the owner or his agent shall be responsible for marking and maintaining such aisles as required.

Chapter 50. Hazardous Materials - General Provisions

5002.1 Definitions. Delete and substitute the following definition:

Hazardous Materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this Chapter, whether the materials are in usable or waste condition, including flammable and combustible liquids.

Chapter 56. Explosives and Fireworks

5601.1.3.1 Fireworks Prohibited. Add subsection 5601.1.3.1 as follows:

Permissible fireworks, as defined in the Statewide Fire Prevention Code, shall not be possessed, stored, sold, used or handled in Chesterfield County.

5601.2.2.1 Violations. Add subsection 5601.2.2.1 as follows:

No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks or pyrotechnic special effect materials, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised displays of fireworks or pyrotechnic special effect materials.

5608.1 General. Add the following text to 5608.1:

A permit shall be required for the display of fireworks and pyrotechnic special effect materials.

5608.2 Permit Application. Add the following text to 5608.2:

Application for permits shall be made in writing at least 15 days in advance of the date of the display or discharge of fireworks or pyrotechnic special effect materials. The sale, possession, discharge and distribution of fireworks or pyrotechnic special effect materials for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable, and shall not extend beyond the dates set forth in the permit.

Chapter 57. Flammable and Combustible Liquids

5704.1.1 Prohibited Storage. Add subsection 5704.1.1 as follows:

The storage of flammable and combustible liquid shall be prohibited in occupancies of Use Group A, R-1, R-2, and in rental storage facilities.

5706.5.1.6 Fire Protection. Delete and substitute 5706.5.1.6 as follows:

Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility.

Chapter 61. Liquefied Petroleum Gases

6101.4 Emergency Services. Add subsection 6101.4 as follows:

Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel with emergency incidents involving the service.

6109.13 Delete and substitute section 6109.13 as follows:

Protection of Containers. Containers shall be placed in a suitable enclosure or otherwise protected against tampering. The enclosure shall be secured to the sidewalk, concrete pad, or building to avoid tipping or movement of the enclosure. The servicing company's name and 24-hour phone number and "NO SMOKING" signs shall be provided and maintained on the enclosure. Vehicular protection shall be provided as required by the fire official.

APPENDICES

The following appendices of the International Fire Code, 2015 Edition shall be an enforceable part of this Code:

Appendix B — Fire-flow Requirements for Buildings

Appendix C — Fire Hydrant Locations and Distribution

Appendix D — Fire Apparatus Access Roads

Exception: Section D106 Multiple-Family Residential Developments and Section D107 One- or Two-Family Residential Developments shall not be included in this code.

(Code 1978, § 9.1-3.1; Ord. of 9-24-97, § 1; Ord. of 4-23-03, § 1; Ord. of 10-8-03, § 1; Ord. of 11-09-05(2), § 1; Ord. of 5-28-08(2), § 1; Ord. of 11-17-10(2), § 1; Ord. of 4-13-11(2), § (1); Ord. of 11-13-13(2), § 1; Ord. of 7-23-14; Ord. of 6-26-19(1), § 1)

                    
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