HB1160: Fire Prevention Code, Statewide; authority to set fees to cover actual cost of administering.
Be it enacted by the General Assembly of Virginia:
1. That § 27-98 of the Code of Virginia is amended and reenacted as follows:
§ 27-98. Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings.
Any local government may enforce the Fire Prevention Code in
its entirety or with respect only to those provisions of the Fire Prevention
Code relating to open burning, fire lanes, fireworks, and hazardous materials.
If a local governing body elects to enforce only those provisions of the Fire
Prevention Code relating to open burning, it may do so in all or in any
designated geographic areas of its jurisdiction. The State Fire Marshal shall
also have the authority, in cooperation with any local governing body, to
enforce the Code. The State Fire Marshal shall also have authority to enforce
the Code in those jurisdictions in which the local governments do not enforce
the Code and may establish such procedures or requirements as may be necessary
for the administration and enforcement of the Code in such jurisdictions. In
addition, subject to
the approval of the Board
of Housing and Community Development the
policy of the Virginia Fire Services Board, the State Fire
Marshal may charge a fee to recover the actual cost of administering and
enforcing the Code in jurisdictions for which he serves as the enforcement
authority. The fee shall not be raised more than once in any
fiscal year. No fee may be charged for the inspection of
any school. The local governing body of any jurisdiction that enforces the Code
may establish such procedures or requirements as may be necessary for the
administration and enforcement of the Code. Appeals concerning the application
of the Code by the local enforcing agency shall first lie to a local board of
appeals and then to the State Building Code Technical Review Board. Appeals
from the application of the Code by the State Fire Marshal shall be made
directly to the State Building Code Technical Review Board as provided in §
36-108 et seq. Fees may be levied by the local governing body in order to
defray the cost of such enforcement and appeals.