HB2140: Statewide Fire Prevention Code; fees charged by State Fire Marshal.
HOUSE BILL NO. 2140
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 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. 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
Article 2 ( 36-108 et seq.) of Chapter 6 of Title 36. Fees may be levied by
the local governing body in order to defray the cost of such enforcement and
appeals; however, for the City of Chesapeake no fee charged for the inspection
of any place of religious worship designated as Assembly Group A-3 under the
Fire Prevention Code shall exceed $50. For purposes of this section,
"defray the cost" may include the fair and reasonable costs incurred
for such enforcement during normal business hours, but shall not include
overtime costs, unless conducted outside of the normal working hours
established by the locality. A schedule of such costs shall be adopted by the
local governing body in a local ordinance. A locality shall not charge an
overtime rate for inspections conducted during the normal business hours
established by the locality. Nothing herein shall be construed to prohibit a
private entity from conducting such inspections, provided the private entity
has been approved to perform such inspections in accordance with the written
policy of the fire official for the locality. Any local fire code may provide
for an appeal to a local board of appeals. If no local board of appeals exists,
the State Building Code Technical Review Board shall hear appeals of any local
fire code violation.