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2011 SESSION
11101688DBe 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. 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.