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2010 SESSION
10101838DBe it enacted by the General Assembly of Virginia:
1. That §§ 15.2-922.1 and 27-98 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-922.1. Regulating or prohibiting the making of fires.
A. AnyIn addition to the authority provided under § 27-98, any county, city,
or town may by ordinance regulate or prohibit the making of fires in streets,
alleys, and other public places and regulate the making of fires on private
property.
B. In addition to the
authority provided under § 27-98, any county may by ordinance regulate or
prohibit the making of fires in streets, alleys, and other public places and,
when a declared emergency exists, pursuant to § 44-146.21, regulate the making
of fires on private property.
§ 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 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 § 36-108 et seq. Fees may be levied by
the local governing body in order to defray the cost of such enforcement and
appeals.