Chapter 13
FIRE PREVENTION AND PROTECTION*
*Cross references - Fire alarm systems, Ch. 4; building regulations, Ch. 9; buildings constituting fire hazards designated as unsafe buildings, § 9-88; requirements and charges for fire sprinkler system connected to city water system, § 29-12; damaging fire hydrants, § 29-16.
State law references - Fire protection, Code of Virginia, title 27; authority of city as to regulations for guarding against danger of fire, § 15.1-15.
Art. I. In General, §§ 13-1--13-11
Art. II. Fire Department, §§ 13-12--13-30
Art. III. Fire Prevention Code, §§ 13-31--13-38
Art. IV. Regulation of Open Burning, §§ 13-40--13-47
ARTICLE I. IN GENERAL
Sec. 13-1. Required approval for fire warning systems and installation thereof.
(a) No person shall offer for sale, sell, install or cause to be installed in the city any fire warning system which is not approved by the chief of the fire department and the building official, nor shall any person install or cause to be installed any such system except in a manner approved by the chief of the fire department and the building official.
(b) The electrical review board is hereby designated as the appeals board from rulings or decisions under this section of the chief of the fire department and/or the building official.
(c) A violation of this section shall constitute a Class 3 misdemeanor. (Code 1964, §§ 12-24--12-26)
Cross references - Penalty for Class 3 misdemeanor, § 1-10; alarm systems generally, Ch. 4; electrical review board, § 9-19.
Secs. 13-2--13-11. Reserved.
ARTICLE II. FIRE DEPARTMENT
Sec. 13-12. Composition.
The fire department of the city shall consist of a chief, assistant chief and such other officers and privates as the council may, on recommendation of the city manager, deem necessary for proper fire prevention and protection of property in the city. (Code 1964, § 12-13)
Cross reference - Fire department designated as part of city's official safety program, § 2-5.
Sec. 13-13. Appointment and term of chief.
The city manager shall appoint, subject to approval of the council, a chief of the fire department, whose term of office shall be at the pleasure of the city manager. (Code 1964, § 12-14)
Sec. 13-14. Appointment and terms of assistant chief, other officers and privates.
The city manager shall appoint, subject to approval by the council, an assistant chief and such officers and privates as the efficiency of the department requires and the appropriation for the department justifies. Their terms of office shall be at the pleasure of the city manager. (Code 1964, § 12-15)
Sec. 13-15. Appointment of emergency firemen..
In times of emergency, the chief of the fire department may appoint such additional number of firemen as may seem necessary, report of which shall be made to the city manager. (Code 1964, § 12-16)
Sec. 13-16. Police powers of officers and members at time of fire.
The officers and members of the fire department are hereby granted, during the time of a fire, the powers and functions of policemen and in such capacity may do all things necessary for the public safety. (Code 1964, § 12-18)
Cross reference - Authority of fire department officers to direct traffic at scene of fire, § 16-7.
Sec. 13-17. Driving vehicle where department is assembled to fight fire.
(a) It shall be unlawful, without the authority of the officer in command, for any person to drive a vehicle through the streets in which the fire department is assembled for the purpose of extinguishing a fire.
(b) A violation of this section shall constitute a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00). (Code 1964, § 12-19)
Sec. 13-18. Obedience to officer in command at fire.
If any person at a fire shall refuse or neglect to obey any order duly given by the fire department officer in command, he shall be guilty of a Class 3 misdemeanor. (Code 1964, § 12-20)
Cross reference - Penalty for Class 3 misdemeanor, § 1-10.
Sec. 13-19. Fire hazard inspections.
It shall be the duty of the chief of the fire department to inspect, or cause to be inspected by fire department officers or members, as often as may be necessary, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions or intent of any ordinance of the city affecting the fire hazard. (Code 1964, § 12-1)
Sec. 13-20. Order to remove or correct fire hazards.
(a) Whenever any officer or member of the fire department shall find in any building or upon any premises or other place combustible or explosive matter or dangerous accumulation of rubbish or oily waste, ashes in combustible receptacles, unnecessary accumulation of wastepaper, boxes, shavings or any other highly inflammable materials especially liable to fire, and which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operation of the fire department or egress of occupants in case of fire, or fire doors or shutters obstructed or in poor repair or interior fire-fighting equipment not in serviceable condition, he shall order the same to be removed or remedied and such order shall forthwith be complied with by the owner or occupant of such premises or building, subject to appeal within twenty-four (24) hours to the city council, which shall, within ten (10) days, review such order and file its decision thereon, and unless the order is revoked or modified, it shall remain in full force and be obeyed by such owner or occupant.
(b) Service of any order under this section shall be made upon the occupant of the premises to whom it is directed, by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with such owner a true copy of the order, or if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last-known post-office address.
(c) Any owner or occupant failing to comply with an order served as provided in this section within ten (10) days after the appeal has been determined, or if no appeal is taken, within ten (10) days after the service of the order, shall be guilty of a Class 3 misdemeanor. (Code 1964, §§ 12-2--12-4)
Cross references - Penalty for Class 3 misdemeanor, § 1-10; unsafe buildings, § 9-86 et seq.; removal or correction of unlawful conditions on private property generally, § 18-19.
Secs. 13-21-13-30. Reserved.
ARTICLE III. FIRE PREVENTION CODE
Sec. 13-31. Adopted; purpose; etc.
The Virginia Statewide Fire Prevention Code, as amended and adopted by the Commonwealth of Virginia Board of Housing and Community Development, of which copies are filed and maintained up-to-date in the city manager's office and the fire chief's office, is hereby adopted and incorporated herein as fully as if set forth at length herein and the provisions thereof shall be controlling in the local enforcement to safeguard life and property from hazards of fire or explosion arising from the improper maintenance of life, safety and structures, and the unsafe storage, handling and use of substances, materials and devices, wherever located.
(Code 1964, 12-5; Ord. of 3-24-88; Ord. of 1-9-92; Ord. of 2/24/94)
State law reference - Authority of city to adopt fire prevention code, Code of Virginia, §27-5.1.
Sec. 13-32. Availability of copies.
Copies of the fire prevention code adopted by this article may be obtained at the office of the city manager during normal business hours. (Code 1964, § 12-6)
Sec. 13-33. Administration and enforcement.
The Fire Prevention Code adopted by the Article shall be administered and enforced by the Chief of the Fire Department, except that Article 26 of the BOCA National Fire Prevention Code (1990), adopted by reference herein, relating to explosives, ammunition and blasting agents, shall be administered and enforced by the Building Official. (Ord. of 3-24-88; Ord. of 1-9-92)
Sec. 13-34. Violations.
(a) Any person who shall violate any of the provisions of the fire prevention code adopted by this article, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city manager or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00). The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
(b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1964, § 12-10)
Sec. 13-35. Liability insurance as prerequisite to issuance of blasting permit.
(a) As a prerequisite for the issuance of a Blasting Permit under Article 26 of the BOCA National Fire Prevention Code (1990), adopted by this Article, the applicant for such permit shall submit to the Building Official certification of liability insurance to cover injuries to persons or property which might result from blasting operations, in the amount of not less than one hundred thousand dollars ($100,000) for each occurrence for property damage and one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) for all persons for each occurrence for personal liability. Such liability insurance shall not have more than one hundred thousand dollars ($100,000) total deductible provisions for each occurrence on property damage and no deductible provision on personal injury. Such blasting insurance shall cover personal injury and death, as well as property damage, resulting from explosions, articles propelled by explosions, structural damage or collapse of structures or underground damages.
(b) Where blasting is to be conducted in an area where there is a high density of persons or where there are a number of nearby structures of two (2) stories or more, the Building Official may require liability insurance coverage greater than that specified in subsection (a) above, in order to adequately make available protection communesrate with the risk to persons and property.
(c) This section shall not apply to blasting operations undertaken by City Forces. (Code 1964, § 12-29; Ord. of 3-24-88; Ord. of 1-9-92)
Charter reference - Authority of council to regulate storage, sale and use of explosives, § 11(14).
Sec. 13-36. Modifications.
The chief of the fire department shall have power to modify any of the provisions of the fire prevention code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of such code; provided, that the spirit of such code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Code 1964, § 12-7)
Sec. 13-37. Appeals.
Whenever the chief of the fire department or the building official shall disapprove an application or refuse to grant a permit applied for pursuant to the fire prevention code adopted by this article, or when it is claimed that the provisions of such code do not apply or that the true intent and meaning of such code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department or the building official to the city manager within thirty (30) days from the date of the decision from which the appeal is taken. (Code 1964, § 12-8)
Sec. 13-38. New materials, processes or occupancies requiring permits.
The city manager, the chief of the fire department and the building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the fire prevention code adopted by this article. The chief of the fire department shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. (Code 1964, § 12-9)
Sec. 13-39. Reserved.
ARTICLE IV. REGULATION OF OPEN BURNING
Sec. 13-40. Title.
This article shall be known as the City of Staunton ordinance for the regulation of open burning.
Sec. 13-41. Purpose.
The purpose of this article is to protect public health, safety, and welfare by regulating open burning with the City of Staunton to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws.
Sec. 13-42. Definitions.
For the purpose of this article and subsequent amendments or any orders issued by the City of Staunton or the Fire Chief, the words or phrases all have the meaning given them in this section.
(a) "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.
(b) "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance.
(c) "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases of semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board.
(d) "Debris waste" means stumps, wood, brush, and leaves from land clearing operations.
(e) "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste.
(f) "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living.
(g) "Hazardous waste" means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may:
1. cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or
2. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed.
(h) "Household refuse" means waste material and trash normally accumulated by a household in the course or ordinary day to day living.
(i) "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter houses, and steel mills.
(j) "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall includes garbage dumps and sanitary fills.
(k) "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction / demolition / debris landfill. See Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms.
(l) "Local landfill" means any landfill located within the jurisdiction of a local government.
(m) "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney.
(n) "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion byproducts emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators.
(o) "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations.
(p) "Salvage operations" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product of material, such as, but not limited to, reprocessing o used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards.
(q) "Sanitary landfill" means an engineering land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill may also receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms.
(r) "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume.
(s) "Special incineration device" means a pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance.
Sec. 13-43. Prohibitions on open burning.
(a) No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance.
(b) No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities.
(c) No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste of containers for such materials.
(d) No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial / industrial waste.
(e) Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to § 10.1-1142 of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution.
(f) Upon declaration of an alert, warning or emergency state of an air pollution episode as described in Part VII of the Regulations for the Control and Abatement of Air Pollution of when deemed advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and in any process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region.
Sec. 13-44. Exemptions.
The following activities are exempted to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution:
(a) open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel;
(b) open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of good, and for warming of outdoor workers;
(c) open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack;
(d) open burning for forest management and agriculture practices approved by the State Air Pollution Control Board; and
(e) open burning for the destruction of classified military documents.
Sec. 13-45. Permissible open burning.
(a) Open burning is permitted for the disposal of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the following conditions are met:
1. the burning takes place on the premises of the private property; and
2. the location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and
3. no regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road.
(b) Open burning is permitted for the disposal of household refuse by homeowners or tenants, provided that the following conditions are met:
1. the burning takes place on the premises of the dwelling;
2. animal carcasses or animal wastes are not burned;
3. garbage is not burned; and
4. the location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and
5. no regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road.
(c) Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the Fire Chief, provided the following conditions are met:
1. all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the Fire Chief;
2. the material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;
3. the burning shall be at least 500 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted;
4. the burning shall be conducted at the greatest distance practicable from highways and air fields;
5. the burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;
6. the burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and
7. the burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
(d) Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided that the following conditions are met:
1. the burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board;
2. the burning shall be attended at all times;
3. the material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning construction waste, clean burning debris waste, or clean burning demolition waste;
4. all reasonable effort shall be made to minimize the amount of material that is burned;
5. no materials may be burned in violation of the regulations of the Virginia Waste Management Board of the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and the Fire Chief; no other site shall be used without the approval of these officials. The Fire Chief shall be notified of the days during which the burning will occur.
(e) Sections 13-45(a) through (d), notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during June, July, or August.
Sec. 13-46. Permits.
(a) When open burning of debris waste (Sec. 13-45(c)) or open burning of debris on the site of a local landfill (Sec. 13-45(d)) is to occur within the City of Staunton, the person responsible for the burning shall obtain a permit from the Fire Chief prior to the burning. Such a permit may be granted only after confirmation by the Fire Chief that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by the Fire Chief.
(b) Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from the Fire Chief, such permits to be granted only after confirmation by the Fire Chief that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by the Fire Chief to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions:
1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood.
2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material.
3. The burning shall be at least 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Fire Chief determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased.
4. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials.
5. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
6. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste.
7. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the Fire Chief.
Sec. 13-47. Penalties for violation.
(a) Any violation of this ordinance is punishable as a Class I misdemeanor.
(b) Each separate incident may be considered a new violation.
(Ord. of 5/9/96)