State Codes and Statutes
Statutes > Virginia > Title-27 > Chapter-9 > 27-98§ 27-98. Enforcement of Fire Prevention Code; appeals from decisions of localenforcing agencies; inspection of buildings.
Any local government may enforce the Fire Prevention Code in its entirety orwith respect only to those provisions of the Fire Prevention Code relating toopen burning, fire lanes, fireworks, and hazardous materials. If a localgoverning body elects to enforce only those provisions of the Fire PreventionCode relating to open burning, it may do so in all or in any designatedgeographic areas of its jurisdiction. The State Fire Marshal shall also havethe authority, in cooperation with any local governing body, to enforce theCode. The State Fire Marshal shall also have authority to enforce the Code inthose jurisdictions in which the local governments do not enforce the Codeand may establish such procedures or requirements as may be necessary for theadministration and enforcement of the Code in such jurisdictions. Inaddition, subject to the approval of the Board of Housing and CommunityDevelopment, the State Fire Marshal may charge a fee to recover the actualcost of administering and enforcing the Code in jurisdictions for which heserves as the enforcement authority. No fee may be charged for the inspectionof any school. The local governing body of any jurisdiction that enforces theCode may establish such procedures or requirements as may be necessary forthe administration and enforcement of the Code. Appeals concerning theapplication of the Code by the local enforcing agency shall first lie to alocal board of appeals and then to the State Building Code Technical ReviewBoard. Appeals from the application of the Code by the State Fire Marshalshall be made directly to the State Building Code Technical Review Board asprovided in Article 2 (§ 36-108 et seq.) of Chapter 6 of Title 36. Fees maybe levied by the local governing body in order to defray the cost of suchenforcement and appeals. Any local fire code may provide for an appeal to alocal board of appeals. If no local board of appeals exists, the StateBuilding Code Technical Review Board shall hear appeals of any local firecode violation.
(1986, c. 429; 1994, c. 275; 2000, cc. 941, 1001; 2001, c. 570; 2004, c. 787;2008, c. 499; 2010, c. 102.)
