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ARTICLE
III. FIRE PREVENTION CODE
Sec. 11-36. Amendments.
(a) Generally. The Virginia Statewide
Fire Prevention Code is hereby amended, modified and changed as set out in the following
subsections of this section.
(b) Section F-104.2 is hereby amended to
read as follows:
Permits required: Permits shall be
obtained, when required, from the fire official. Permits shall be available at all times
on the premises designated in the permit for inspection of the fire official. Fees for
such permits, and for inspections, shall be in such amounts as are from time to time
established by resolution of the board of supervisors.
(c) Section F-105.1 is hereby amended to
read as follows:
Local appeals:
(1) The York County Building Code Appeals
Board is hereby constituted as, and shall serve as, the York County Board of Fire
Prevention Code Appeals.
(2) The board shall elect a chairman and a
secretary, who shall serve for the term to which they were appointed by the board. A
majority of the members of the board shall constitute a quorum. The board shall operate in
accordance with the applicable provisions of the Administrative Process Act, section
9-6.14, Code of Virginia. All board hearings shall be open to the public. All resolutions
or findings of the board shall be in writing and made available for public viewing.
(3) The fire official shall provide clerical
support to the board within personnel and budgeting limits.
(4) Appeals to the board may be made by the
person cited for violation when aggrieved by any decision or interpretation of the fire
official made under the provisions of this code. The board shall meet within twenty (20)
days of receipt of any appeal application by the board.
(d) Section F-311.4 is hereby added to read
as follows:
Marking: The marking and
posting of fire lanes shall be the responsibility of the property owner. The requirements
are:
(1) Diagonal stripes and "No Parking
Fire Lane" shall be painted the on the right-of-way in traffic yellow paint.
(2) The curb shall be painted traffic
yellow.
(3) Signs shall be installed in plain view
of motorists. The signs shall be twelve inches by eighteen inches (12" x 18") in
size and shall read "No Parking Fire Lane" in red letters with a white
background.
(e) Section F-316.0 is hereby
added to read as follows:
Prohibition of Certain
Cooking Devices: No charcoal, flammable liquid, or liquified petroleum gas, brazier,
hibachi, grill, stove or similar device shall be ignited or used on the balconies, patios
or decks of multifamily buildings, single-family attached buildings or similar structures
when such balconies, patios or decks are constructed of combustible materials. Where
rental units are involved, the management shall notify all tenants in writing of this
requirement at the time the tenant initially occupies the premises and shall take
reasonable steps to ensure compliance. Electric grills meeting the requirements of a
nationally recognized testing laboratory for use on combustible materials may be used on
balconies, patios or decks, provided the manufacturer's instructions are followed.
(f) (Repealed by Ord.
O97-1(R), February 5, 1997.)
(g) Section F-520.0 is hereby added to read
as follows:
Smoke detectors:
(1) The owner of any building of the
following occupancy types shall install, maintain and inspect, at least annually, smoke
detectors. Smoke detectors installed pursuant to this section shall be installed in
conformance with the fire prevention code and the Uniform Statewide Building Code in the
following:
(a) Any building containing one (1) or more
dwelling units.
(b) Any hotel or motel regularly used,
offered for, or intended to be used to provide overnight sleeping accommodations for one
(1) or more persons.
(c) Rooming houses regularly used, offered
for or intended to provide overnight sleeping accommodations.
(2) Smoke detectors installed pursuant to
this section shall be in conformance with the provisions of the Uniform Statewide Building
Code. Either battery-operated or AC-powered units are acceptable.
(3) Maintenance of smoke detectors must be
in conformance with Section F-513.0 of this Code.
(4) The owner of any dwelling unit of the
kind listed in subparagraph (1), above, which shall be rented or leased, at the beginning
of each tenancy and at least annually thereafter shall furnish the tenant with a
certificate that all required smoke detectors are present, have been inspected, and are in
good working order. Except for smoke detectors in hallways, stairwells and other public or
common areas of multifamily buildings, interim testing, repair and maintenance of smoke
detectors in rented or leased units shall be the responsibility of the tenant; however,
the owner shall be obligated to service, repair or replace any malfunctioning smoke
detectors within five (5) days of receipt of written notice from the tenant that such
smoke detector is in need of service, repair or replacement.
(5) The owner of any dwelling unit subject
to the requirements of this section shall maintain for a period of no less than two (2)
years records reflecting the owner’s compliance with this section. Such records shall
verify the installation, date, and location of each smoke detector, and with respect to
units under lease, the name and address of each tenant. These records must be available
for inspection by the fire official during regular business hours upon request.
(h) Section F-2103.2 is hereby added to read
as follows:
Inside storage: Storage in buildings and
structures shall be orderly and shall not be within two (2) feet of the lowest part of the
ceiling assembly; provided, however, that all storage shall be not be less than eighteen
(18) inches below sprinkler heads and shall be located so as not to obstruct the means of
egress from the building or structure.
(i) Section F-2103.4 is
hereby added to read as follows:
Section F-2103.4. Dumpsters:
Dumpsters located outside of a building or structure and used for trash and debris shall
be located a minimum of twenty (20) feet from any structure or as otherwise approved by
the fire official.
(j) Chapter 31, Fireworks, is
hereby amended to read as follows:
Section F-3101.0 General
Section F-3101.1 Scope.
The manufacture of fireworks is prohibited
within the county. The display, sale or discharge of fireworks shall comply with the
requirements of this article and the requirements of Chapter 11, Title 59.1, of the Code
of Virginia.
Section F-3101.2 Permit required.
A permit shall be obtained from the fire
official for the display, sale or discharge of fireworks.
Section F-3101.3 Permit applications.
Application for permits shall be made in
writing at least fifteen (15) days in advance of the date of the display or discharge of
fireworks. The sale, possession, use and distribution of fireworks for such display shall
be lawful under the terms and conditions approved with the permit and for that purpose
only. A permit granted hereunder shall not be transferable, nor shall any such permit be
extended beyond the dates set out therein.
Section F-3102.1 Definitions.
"Fireworks" shall mean and include
any combustible or explosive composition, or any substance or combination of substances,
or article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy
pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of
balloons which require fire underneath to propel the same, firecrackers, torpedoes,
skyrockets, Roman candles, sparklers or other devices of like construction and any or
other devices containing any explosive or flammable compound, or any tablets or other
devices containing any explosive substance, except that the term "fireworks"
shall not include auto flares, paper caps containing not in excess of an average of 0.25
grain (16.2mg) of explosive content per cap, and toy pistols, toy canes, toy guns or other
devices for use of such caps, the sale and use of which shall be permitted at all times.
Section F-3103.0 Sale and Discharge
Section F-3103.1 General.
It shall be a violation of
this code for any person to store, to offer for sale, expose for sale, sell at retail, or
use or explode any fireworks, except as provided in the rules and regulations issued by
the fire official for the granting of permits for supervised public displays of fireworks
by the county, fair associations, amusement parks and other organizations. Every such
display shall be handled by a competent operator approved by the fire official. The
fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion
of the fire official, will not be a hazard to property or endanger any person.
Section F-3103.2 Bond for
display.
The permittee shall furnish a
bond in an amount deemed adequate by the fire official for the payment of all damages
which may be caused either to a person or persons or to property by reason of the
permitted display and arising from any acts of the permittee, the permittee's agents,
employees or subcontractors.
Section F-3103.3 Exceptions.
Nothing in this article shall
be construed to prohibit any resident wholesaler, dealer or jobber from selling at
wholesale such fireworks as are not herein prohibited, nor shall it be applicable to the
sale or use of materials or equipment, when such materials or equipment is used or to be
used by any person for signaling or other emergency use in the operation of any boat,
railroad train or other vehicle for the transportion of persons or property, or the sale
or use of blank cartridges for a show or theater, or for signal or ceremonial
purposes in athletics or sports, or for use by military
organization. Such wholesalers, dealers and jobbers shall store their supplies of
fireworks in accordance with Section F-3003.0.
Section F-3103.4 Seizure of
fireworks.
The fire official shall
seize, take, remove or cause to be removed at the expense of the owner all stocks of
fireworks offered or exposed for display or sale, stored or held in violation of this
article.
Section F-3205.10 is hereby
added to read as follows:
Special dispenser: No
gasoline, motor fuels, or any Class I flammable liquids shall be dispensed, or allowed to
be dispensed, at or in any public filling station, unless the dispensing facilities are
continually supervised by a qualified person who shall be present at or otherwise observe
each dispensing operation. Such supervisor will be provided with positive safety control
equipment approved by the fire official.
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