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HomeMy Public PortalAbout1988_03_23_O010eesl~urg in ~Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED March 23, 1988 88-0-10 ADOPTED March 23, 1988 READOPTING THE LEESBURG FIRE CODE WITH AMENDMENTS WHEREAS, the Town of Leesburg adopted the Statewide Fire Prevention Code promulgated by the State Board of Housing and Community Development effective March 1, 1988; and WHEREAS, this Council desires to strengthen regulations for open burning, fire lane enforcement, fire hazard inspections, smoke detectors, as well as the use of barbecue devices in multi-family housing units; and WHEREAS, prior sections of the Town Code governing these regulations exceed the provisions of the statewide fire prevention code; and WHEREAS, this Council desires to readopt prior Town Code sections which establish these regulations: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 7 of the Town Code is amended to read as follows: Chapter 7 FIRE PREVENTION CODE ARTICLE I IN GENERAL Sec. 7-1. Regulations adopted. The statewide fire prevention code, as promulgated by the State Board of Housing and Community Development, and as same may be amended from time-to-time, is hereby adopted and incorporated herein by reference and made a part hereof as if fully set out in this code. This code shall be known as the "Leesburg Fire Code". -2- ORDINANCE - READOPTING LEESBURG FIRE CODE Sec. 7-2. Enforcement and administration. The Loudoun County Department of Fire-Rescue and Emergency Services is named as the enforcement agent pursuant to Section 27-98 of the 1950 Code of Virginia, as amended, for the Leesburg Fire Prevention Code and the fire marshal of Loudoun County, Virginia, is authorized to establish such procedures and requirements as may be necessary for the administration and enforcement of this chapter. Sec. 7-3. Certain inspections authorized by Leesbur~ Fire Volunteer Company Members. (a) In order to ensure that the required frequency of fire prevention inspections is maintained, the fire chief of the Leesburg Volunteer Fire Company and such number of his assistants selected by the fire chief, as are qualified through appropriate training, and are members in good standing of said company, shall be designed as fire marshal assistants pursuant to Section 27-36 of the 1950 Code of Virginia, as amended, for purposes of inspections authorized under this chapter. In the performance of their duties the fire chief and his assistants shall be properly uniformed and shall carry proper identification. The fire chief shall coordinate inspections under this section with the fire marshal. Copies of all inspection reports shall be furnished to the fire marshals office and all dangerous and hazardous conditions as defined in this chapter .shall be reported to the fire marshal's office within 24 hours. (b) The fire chief and his assistants, before performing any inspections herein shall take an oath before the Clerk of the Circuit Court, if required by Section 27-37 of the 1950 Code of Virginia, .as amended, to faithfully discharge the duties set forth herein and a copy of said certificate shall be forwarded to the municipal manager. Sec. 7-4. Inspections for fire hazards. (a) It shall be the duty of the fire marshal to inspect, or cause to be inspected, all buildings and premises, except the interiors of dwellings, as often as may be necessary for the purpose of ascertaining and causin~ to be corrected any conditions liable to cause fire or endanger life from fire or any violations of the provisions or intent of this chapter and of any other ordinance affectin~ the fire hazard. (b) In order to ensure compliance with the spirit of this chapter, regular periodic inspections shall be made by the fire marshal as follows: -3- ORDINANCE - READOPTING LEESBURG FIRE CODE (1) Public assembly buildings - at least once every three months. (2) Private assembly buildings - at least once every six months. (3) Multiple dwellings - at least once every six months. (4) Institutions and schools - at least once every three months. (5) Office buildings - at least once every six months. (6) Commercial, mercantile, storage and industrial buildings in closely built up areas, or with high hazard occupancy - at least once every three months. (7) All others - at least once every six months. ARTICLE II PRECAUTIONS AGAINST FIRE-GENERAL Sec. 7-5. Open burning generally. (a) No owner shall cause, suffer, allow or permit open burning of refuse or other material, except as provided in this section. No owner shall conduct salvage operations by open burning. (b) Open fires may be set when approved for one or more of the following reasons: (1) For the prevention of a hazard which cannot be abated by any other means. (2) For the instruction of firefighters or industrial employees. (3) For the protection of public health. (4) For recognized practices of agriculture, including the burning of fence rows, diseased trees, brush or weeds. (5) For recognized practices of reforestation, when such burning is undertaken in compliance with existing forestry practices. (c) Open fires may be used for cooking food; recreational purposes; ceremonial occasions, and the operation of craft exhibits and pageants of historical significance. (d) Salamanders or other devices providing good combustion may be used for heating by construction or other workers, provided no smoke violation or other nuisance is created. (e) In those areas where provision for public collection of leaves is not available, the open burning of leaves is permitted in wire baskets or other containers designed to provide good combustion. -4- 'ORDINANCE - READOPTING LEESBURG FIRE CODE Sec. 7-6. Operation of barbecue devices prohibited - multi-family dwellings. No barbecue grill, charcoal brazier or hibachi of any variety, flmmmable liquid, liquified gas or charcoal shall be ignited to be used on balconies of multi-family dwellings, nor within fifteen feet of the ground floor exterior wall of multi-family dwelling unit with an overhead balcony. For the purpose of this section the term multi-family dwelling shall be as defined in the Zoning Ordinance. UL approved electric grills may be operated in con]unction with the restrictions listed in the Code. Multi-family dwelling owners and/or condominium associations, whichever is appropriate, shall post signs at each building notifyin~ residents that barbecue devices are prohibited pursuant to this section. ARTICLE III FIRE LANES Sec. 7-7. Designation. (a) When deemed necessary, the fire marshal shall designate fire lanes on public streets, roads or private property used for commercial, industrial, education or apartment purposes. Such fire lanes shall be for the purpose of regulating parking in front of or adjacent to fire hydrants and for access by fire fightin$ equipment. (b) A fire lane may be designated where it is desirable that certain road areas and building access and egress facilities be kept clear for fire department or ambulance emergency equipment and other equipment provided for fire protection. Sec. 7-8. Marking; signs. (a) Marking and/or approved sisns to designate fire lanes shall be provided by the owner or agents of the property involved, under ~uideltnes as set up by the fire marshal. (b) Fire lane signs shall conform to the following: (I) Metal construction approximately 12" x 18". (2) Red letters on white background with 3/8" red trim strip around entire outer edge of si~n. (3) Letterin~ to be "No Parkin~ or Standing" "Fire Lane". (4) Arrows on signs to point and indicate area designated. (5) Letterin~ size as follows: -5- ORDINANCE - READOPTING LEESBURG FIRE CODE No Parkin$ 2" or 1t' Standing 2" Fire Lane 2 1/2" Arrows - Directional 1" solid Sec. 7-9. Parking in or obstructing fire lanes. (a) The parking of vehicles in or otherwise obstructing areas designated and marked or signed under this article is hereby prohibited. (b) Any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. (c) Any person may settle and compromise a violation of this sectionb¥ paying to the municipality the sum of $25.00 before the next court date, which dates are on the first and third Mondays of each month at 2:00 P.M. ARTICLE IV SMOKE DETECTORS Sec. 7-10. Smoke detectors required. (a) The owner thereof shall install, service, repair or replace smoke detectors in locations specified in the Virginia Uniform Statewide Building Code in the following structures or buildings constructed prior to the adoption of the Uniform Statewide Building Code: (1) Any building containing one or more dwelling units; (2) Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons; (3) Rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations. (4) Smoke detectors shall be installed in all common areas, hallways and stairwells described in (1), (2) or (3) above and shall be installed in accordance with Section 1716.6 (Distances) of the building code, but in no instances shall the distance exceed 200 feet between detectors and they shall be effectively heard above all other sounds by all occupants in every occupied space within such building. -6- ORDINANCE - READOPTING LEESBURG FIRE CODE (b) "Smoke detectors," when used in this article, shall mean battery- operated or alternating current powered devices capable of sensing visible or invisible products of combustion that sound an audible alarm and satisfying the requirements of the BOCA Basic Building Code for smoke detectors. Sec. 7-11. Responsibilities of owner and/or tenant. (a) The owner of a dwelling unit, which is rented or leased shall furnish the tenant, at the beginning of each tenancy and at least annually thereafter, with written certification that all smoke detectors required by Section 7-10 have been inspected and are in good workin~ order. (b) The tenant shall be responsible for reasonable care of the smoke detectors and for interim testing and for providing written notice to the owner for repair of any malfunctioning smoke detector. The owner shall be obligated to provide and pay for service, repair or replacement of any malfunctioning smoke detector. Such service, repair or replacement must occur within five days of receipt of written notice from the tenant that a smoke detector is in need of repair. (c) The owner of a dwelling unit, which is rented or leased shall provide written notification to the tenant of the responsibilities and duties imposed by paragraph (b) of this section. Sec. 7-12. Exemption. Any building containing fewer than four dwelling units, and which was not in compliance with this chapter on July 1, 1984, shall be exempted from the requirements of this chapter until such a time as that building or any dwelling unit located therein, is sole or is rented to another person. SECTION II. Ail ordinances in conflict herein are repealed. SECTION III. This ordinance shall be in full force from and after its passage. PASSED this 23rd day of March ATTEST: -v ..~ Clerk of ~uncil -'- , 1988. Town of Leesburg