19961008 1996-12ORDINANCE NO. 1996-
AN ORDINANCE AMENDING SECTIONS 5-2 (e), 5-3 (a), 5-4, 5-11.3,
5-33, 5-34, 5-40, 5-43, 5-44 (a) & (b), 5-49, 5-65, 5-66,
5-71 (a) & (c), 5-72, 5-74 (a), 5-75 (a) & (b), 5-76 (a),
5-92, 5-93, 5-96 (a) & (b), 5-97, 5-99, 5-100 (a) & (b),
5-114, 5-116, 5-117, 5-130 (a) & (b), 5-131, 5-133 AND
5-134 (a) & (b), ARTICLES I AND II, IV THROUGH VII, CHAPTER 5
AND SECTIONS 22-12.1, 22-13 (g) AND 22-16 (g), ARTICLES III
THROUGH V, CHAPTER 22 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA CONCERNING THE DEFINITION OF CODE OFFICIAL,
DESIGNATION OF ENFORCEMENT OFFICIAL, CHANGE OF NAME OF THE
OFFICE OF CODE ENFORCEMENT AND THE DIRECTOR OF CODE ENFORCEMENT,
AND THE INSTALLATION, ALTERATION, AND REPAIR OF GAS FACILITIES.
1. BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 5-2(e), Article I, Chapter 5 of the
Code of the City of Fairfax is hereby amended to read as follows:
Sec. 5-2 Definitions.
(e) Code official. The officer charged with the administration
and enforcement of the Virginia Uniform Statewide Building Code,
Volume II.
2. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 5-3(a), Article I, Chapter 5 of the
Code of the City of Fairfax is hereby amended to read as follows:
Sec. 5-3. Adoption.
The Virginia Uniform Statewide Building Code, Volume I (New
Construction Code) and Volume II (Building Maintenance Code), as
adopted by Virginia Board of Housing and Community Development and
made effective April 1, 1994, is hereby adopted by the City of
Fairfax and incorporated herein as if set out in its entirety.
Copies of the Virginia Uniform Statewide Building Code, Volumes I
and II, together with a copy of this chapter attached to each,
shall be filed and maintained in the office of the building
official.
3. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Sections 5-4 and 5-11.3, Article II, Chapter
5 of the City Code of Fairfax are hereby amended to read as
follows:
Sec. 5-4. Designation of enforcement officials.
The director of building and fire code administration is
hereby designated as the building official, responsible for the
administration and enforcement of the rules and regulations
contained in Volume I of the Virginia Uniform Statewide Building
Code, and is the code official responsible for the administration
and enforcement of the rules and regulations contained in Volume II
of the Virginia Uniform Statewide Building Code.
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Sec. 5-11.3. Chairman of each division of the board of building
code appeals.
Each division of the board of building code appeals shall
select one of its members to serve as chairman. The building
official shall designate a secretary to the technical division of
the board of building code appeals who shall keep a detailed record
of all proceedings on file in the division of building and fire
code administration. The code official shall designate a secretary
to the housing hygiene division who shall keep a detailed record of
all proceedings on file in the office of the code official.
4. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Sections 5-33, 5-34, 5-40 (b), 5-43, 5-44
(a) & (b), and 5-49, Division 1, Article IV, Chapter 5 of the City
Code of Fairfax are hereby amended to read as follows:
Sec. 5-33. Definitions.
Administrative authority. The division of building and fire
code administration of the department of fire and rescue services.
Chief. The chief electrical inspector, or his duly authorized
representative, as designated by the director of building and fire
code administration subject to the approval of the city manager,
who enforces and administers the provisions of this article.
Sec. 5-34. Administration and enforcement of article.
The administration and enforcement of this article shall be
the duty of the director of building and fire code administration
who is hereby authorized to take such action as may be reasonably
necessary to enforce the provisions of this article. Such persons
may be appointed by the director of building and fire code
administration and authorized as assistants or agents of such
administrative authority as may be necessary to carry out the
provisions of this article.
Sec. 5-40. Permits - When required.
(b) A permit shall be issued only to a licensed master
electrician; provided, that any permit for work regulated by this
article to be done in a single-family dwelling used exclusively for
residence purposes, including usual accessory buildings, and
quarters in connection with such buildings used and occupied by the
owner, may be issued to the bona fide owner of such building
ing him to purchas~ all material and perform all labor
personally; provided, that in the event of an emergency, a licensed
mechanic may perform such refrigeration, heating and air condition-
lng work as may be necessary to eliminate imminent danger to
persons or property or to restore to a functional condition any
essential refrigeration, heating and air conditioning system,
without having first secured a permit; provided, further, that if
such an emergency is to be remedied during the hours in which the
division of building and fire code administration is open, the
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licensed master mechanic shall notify the division of building and
fire code administration by telephone, as soon as practicable, of
the emergency and the work being performed.
Sec. 5-43. Same - Additional work; payment of fees
prerequisite to issuance of subsequent permits.
After an electrical permit has been issued, no additional work
shall be included. In cases in which additional work is to be
installed, a new permit shall be secured and the required fee paid.
Whenever the division of building and fire code administration
shall render to any person obtaining any permit under the provi-
sions of this article any bill or statement specifying the amount
of the fees then due and charged to such person, payment in full of
such fees shall be made within fifteen (15) days thereafter. Any
such bill of statement shall be deemed to have been duly rendered
when deposited in the U.S. Mail, postage prepaid, directed to the
person for whom intended at the address registered by him with the
division of building and fire code administration. If the fees
included in any such bill or statement are not paid in full within
such period of fifteen (15) days, no further permit shall there-
after be issued to such person until payment in full of such fees
shall have been made.
Sec. 5-44. Same - Abandoned or discontinued work.
(a) Notification of abandonment required. Should any person
to whom a permit has been issued for electrical wiring abandon the
installation for any reason, he shall immediately notify the
division of building and fire code administration in writing.
(b) Request for inspection upon partial completion. If an
installation has been partially completed, the permit grantee, upon
abandoning the installation, shall notify the division of building
and fire code administration and request an inspection. A record
shall be kept of the results of the inspection.
Sec. 5-49. Approval of plans and specifications.
No permit required by this article shall be issued for any
electrical work in or on any new commercial building or for major
electrical work in existing buildings until the plans and specifi-
cations for the proposed work have been submitted to the director
of building and fire code administration and it has been determined
from such plans and specifications that the work conforms to the
provisions of this chapter. If a permit is denied because of
defective plans and specifications, the applicant may submit
revised plans and specifications without the payment of an
additional permit fee.
5. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Sections 5-65, 5-66, 5-71 (a) & (c), 5-72,
5-74 (a), 5-75 (a) & (b), and 5-76 (a), Division 1, Article V,
Chapter 5 of the City Code of Fairfax are hereby amended to read as
follows:
Sec. 5-65. Definitions.
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Administrative authority. The division of building and fire
code administration of the department of fire and rescue services.
Chief. The chief plumbing inspector, or his duly authorized
representative, as designated by the director of building and fire
code administration, subject to the approval of the city manager,
who enforces and administers the provisions of this article.
Sec. 5-66. Administration of article generally.
The director of building and fire code administration shall
have general management and control of the administration of the
provisions of this article.
Sec. 5-71. Permits - Generally.
(a) No plumbing work, except as provided below, shall be
undertaken prior to the issuance of a permit therefor by the
division of building and fire code administration.
(c) In the event of an emergency, a licensed plumber may
perform such plumbing work as may be necessary to eliminate
imminent danger to persons or property or to restore to a func-
tional condition any essential plumbing system, without having
first secured a permit; provided, that if such an emergency is to
be remedied during the hours in which the division of building and
fire code administration is open, the licensed master plumber shall
notify the division of building and fire code administration by
telephone, as soon as practicable, of the emergency and the work
being performed.
Sec. 5-72. Same - Application.
Application for a permit for plumbing work shall be made on
suitable forms provided by the division of building and fire code
administration. The application shall be accompanied by fees in
accordance with the schedule of fees in section 5-73. No permit
for installing plumbing in any building shall be issued until
appropriate forms are submitted showing that a public sewer or a
private system is available. The application form for connection
to public sewers must show that all fees for frontage, availabi-
lity, etc., have been paid. Any requirement for an easement across
another property or extension of a public sewer line shall also be
shown on such form.
Sec. 5-74. Same - Plans and specifications; repairs.
(a) No permit for plumbing work shall be issued until plans
and specifications showing the proposed work in necessary detail
have been submitted to the director of building and fire code
administration and he has determined from examination of such plans
and specifications that the work will conform to the provisions of
this article. If a permit is denied, the applicant may submit
revised plans and specifications without payment of additional
fees. If, in the course of the work, it is found necessary to make
any change in the plans and specifications on which a permit has
been issued, amended plans and specifications shall be submitted
and a supplementary permit, subject to the same conditions
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applicable to the original application for permit, shall be issul
to cover the change.
Sec. 5-75. Same - Abandoned or discontinued work.
(a) Notification of abandonment required. Should any person
to whom a permit has been issued for plumbing work abandon the
installation for any reason, he shall immediately notify the
division of building and fire code administration in writing.
(b) Request for inspection upon partial completion. If
installation has been partially completed, the permit grantee, upon
abandoning the installation, shall notify the division of building
and fire code administration and request an inspection. A record
shall be kept of the result of the inspection.
Sec. 5-76. Connection to public sewers.
(a) Tappinq public sewers. Ail labor and material necessary
for installing connections between building and sewer mains,
including those portions located within the rights-of-way of public
or private streets, shall be furnished by the owners of such
building at their cost and expense. All necessary work shall be
done by a plumber registered in the city. Connections to sewer
mains shall be made through existing manufactured tees previously
installed or the connection shall be make by means of inserting an
approved saddle and affixing it to the main in a method approved by
the director of building and fire code administration. Cutting
into the pipe for branches will be permitted only with a commer-
cially manufactured tapping or drilling machine. Whenever it is
necessary to tap the sewer main, it shall be tapped on a forty-
five-degree angle unless permission is other wise granted by the
administrative authority. The pipe shall be completely uncovered,
the excavation shall be free of all water and shoring shall be
installed if necessary. No sewer main shall be cut for a tap or
any other purpose except during the presence of and under the
supervision of a plumbing inspector. The division of building and
fire code administration shall be notified at least twenty-four
(24) hours before a tap is desired. Before the tap can be made,
the owner of the premises shall have made application to the
department of transit and utilities for the connection and paid all
necessary charges. At the time the tap is made, a section of the
connection to be installed adjacent to the sewer main shall be
assembled and available for insertion into the saddle. Immediately
after the saddle and the section of building sewer have been
fastened in place, it shall be supported with cement, covered with
heavy paper and then covered to a depth of two (2) or more feet
with dry dirt. The tap must be protected from water while the
cement is green and if the plumbing inspector directs, pumps must
be used to keep water from the tap until the cement is hard. Test
tees shall be located not closer than five (5) feet from the sewer
saddle and the pipe between the test tee and saddle shall be of
material as specified in the BOCA Basic Plumbing Code. After the
tap is made, the sewer must be completed and inspected in the
shortest time possible. Trenches must not be left open longer than
a reasonable length of time to complete work and sewers shall be
protected at all times from damage by water and mud. Sufficient
backfill shall be placed over the pipe by hand to prevent damage
when filling the trench and that portion of the trench in the
street shall be tamped in six-inch layers, each compacted to
ninety-five (95) percent density until backfill is completed. Any
additional requirement of the city shall be carried out.
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In the subdivisions where the sewer mains are being installed
by the developer, the developer may also install a spur extending
from the sewer main to one foot beyond the property line for each
lot. In cases where spurs would terminate under sidewalks or
utilities, a variance may be granted by the authority having
jurisdiction. This extension is to receive the building sewer for
each lot.
In apartment developments, shopping centers or on other types
of easements, the developer may extend a spur not more than one
length of pipe from the public sewer. This extension shall not
exceed ten (10) feet.
Such extensions are to be shown on the sewer plans submitted
to and approved by the director of transit and utilities. These
extensions are to be installed in the exact location shown on the
plan, under the supervision of a registered master plumber as
specified in section 5-85, and with a permit issued for each spur.
These spurs shall be constructed of the approved material as
specified in the BOCA Basic Plumbing Code, properly plugged at the
end of the spur and laid to the grades required by this article.
The spur shall be inspected by a plumbing inspector.
After a building is connected through a spur to the sanitary
or storm sewer, the spur shall become part of the building sewer
and the owner of the premises shall be responsible for the
operation and maintenance of the entire building sewer between the
building and the street sewer as set forth in subsection (f) of
this section.
6. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Sections 5-92, 5-93, 5-96 (a) & (b), 5-97,
5-99, and 5-100 (a) & (b), Division 1, Article VI, Chapter 5 of the
City Code of Fairfax are hereby amended to read as follows:
Sec. 5-92. Definitions.
Administrative authority. The division of building and code
administration of the department of fire and rescue services.
Chief. The chief mechanical inspector, or his duly authorized
representative, as designated by the director of building and code
administration subject to the approval of the city manager, who
enforces and administers the provisions of this article.
Sec. 5-93. Administration of article generally.
The director of building and code administration shall have
general management and control of the administration of the
ions of this article.
Sec. 5-96. Permits - Generally.
(a) No mechanical work, except as provided below, shall be
undertaken prior to the issuance of a permit therefor by the
division of building and code administration.
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(b) A permit shall be issued only to a licensed master
mechanic; provided, that any permit for work regulated by this
article to be done in a single-family dwelling used exclusively for
residence purposes, including usual accessory buildings and
quarters in connection with such buildings, used and occupied by
the owner, may be issued to the bona fide owner of such building
permitting him to purchase all material and perform all labor
personally; provided, that in the event of an emergency, a licensed
mechanic may perform such refrigeration, heating and air condition-
ing work as may be necessary to eliminate imminent danger to
persons or property or to restore to a functional condition any
essential refrigeration, heating and air conditioning system,
without having first secured a permit; provided further, that if
such an emergency is to be remedied during the hours in which the
division of building and code administration is open, the licensed
master mechanic shall notify the division of building and code
administration by telephone, as soon as practicable, of the
emergency and the work being performed.
Sec. 5-97. Same - ADplication'
Application for a permit for doing mechanical work shall be
made on suitable forms provided by the division of building and
code administration. The application shall be accompanied by fees
In accordance with the schedule of fees in section 5-98.
Sec. 5-99. Same - Plans and specifications.
No permit for mechanical work shall be issued until plans and
specifications showing the proposed work in necessary detail have
been submitted to the director of building and code administration
and he has determined from examination of such plans and specifica-
tions that the work will conform to the provisions of this article.
If a permit is denied, the applicant may submit revised plans and
specifications without payment of additional fees. If, in the
course of the work, it is found necessary to make any change in the
plans and specifications on which a permit has been issued, amended
plans and specifications shall be submitted and a supplementary
permit, subject to the same conditions applicable to the original
application for permit, shall be issued to cover the change.
Sec. 5-100. Same - Abandoned or discontinued work.
(a) Notification of abandonment required. Should any person
to whom a permit has been issued for mechanical work abandon the
installation for any reason, he shall immediately notify the
division of building and code administration in writing.
(b) Request for inspection upon partial completion. If an
installatiOn has been partially completed, the permit grantee, upon
abandoning the installation, shall notify the division of building
and code administration and request an inspection. A record shall
be kept of the result of the inspection.
7. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Sections 5-114, 5-116, 5-117, 5-130 (a) &
(b), 5-131, 5-133, and 5-134 (a) & (b), Article VII, Chapter 5 of
the City Code of Fairfax are hereby amended to read as follows:
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Sec. 5-114. Applicability of statewide code to the city.
The Virginia Uniform Statewide Building Code, a copy of which
is and shall remain on file in the office of the building official,
shall control all matters concerning the installation, alteration
and repair of gas facilities. From the date this article becomes
effective, its provisions shall be controlling as to all matters
contained herein.
Sec. 5-116. Definitions.
Administrative Authority. The division of building and code
administration of the department of fire and rescue services.
Chief. The chief plumbing inspector, or his duly authorized
representative, as designated by the director of building and code
administration subject to the approval of the city manager, who
enforces and administers the provisions of this article.
Sec. 5-117. Administration of article qenerally.
The director of building and code administration shall have
general management and control of the administration of the
provisions of this article.
Sec. 5-130. Permits - Generally.
(a) No gas work shall be undertaken prior to the issuance of
a permit therefor by the division of building and code administra-
tion except as provided below.
(b) In the event of an emergency, a licensed master gas
fitter or master plumber may perform such gas work as may be
necessary to eliminate imminent danger to persons or property or to
restore to a functional condition any essential gas system without
having first secured a permit; provided, that if such an emergency
is to be remedied during the hours in which the division of
building and code administration is open, the licensed master gas
fitter or master plumber shall notify the division of building and
code administration by telephone, as soon as is practicable, of the
emergency and the work being performed.
Sec. 5-131. Same - Application generally.
Application for a permit for gas work shall be made on
suitable forms provided by the division of building and code
administration. The application shall be accompanied by fees in
accordance with the schedule of fees in section 5-132.
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Sec. 5-133. .Same - Plans and specifications.
No permit for gas work shall be issued until plans and
specifications showing the proposed work in necessary detail have
been submitted to the director of building and code administratJ
or his authorized agents and he has determined from examination of
such plans and specifications that the work will conform to the
provisions of this article. If a permit is denied, the applicant
may submit revised plans and specifications without payment of
additional fees. If, in the course of the work, it is found
necessary to make any change in the plans and specifications on
which a permit has been issued, amended plans and specifications
shall be submitted and a supplementary permit, subject to the same
conditions applicable to the original application for permit shall
be issued to cover the change. '
Sec. 5-134. Same - Abandoned or discontinued work.
(a) Should any person to whom a permit has been issued for
gas work abandon the installation for any reason, he shall
immediately notify the division of building and code administration
in writing.
(b) If an installation has been partially completed, the
permit grantee, upon abandoning the installation, shall notify the
division of building and code administration and request an
inspection. A record shall be kept of the result of the inspec-
tion.
8. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 22-12.1, Article III, Chapter 22 of
the City Code of Fairfax is hereby amended to read as follows:
Sec. 22-12.1. Drainaqe of wading pool water.
Wading pool water may be drained into a storm sewer or stream
provided that such drainage complies with all applicable laws,
ordinances and regulations including, but not limited to, the
requirements of title 62.1 of the Code of Virginia which prohibit
the obstructing of contaminating of state waters and prohibit waste
discharges or other quality alterations of state waters, except as
authorized by permit. If no storm sewer or stream is available,
discharge of wading pool water into the sanitary sewer may be
permitted upon prior written approval of the director of transit
and utilities and upon payment of sewer service charges. The rate
of such discharge into the sanitary sewer is subject to approval of
the director of building and fire code administration.
9. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 22-13 (g), Article IV, Chapter 22 of
the City Code of Fairfax is hereby amended to read as follows:
Sec. 22-13. Pool and pool areas.
(g) Drainage of spray pool water. Spray pool water may be
drained into a storm sewer or stream provided that such drainage
complies with all applicable laws, ordinances and regulations
including, but not limited to , the requirements of title 62.1 of
the Code of Virginia which prohibit the obstructing of contaminat-
Ing of state waters and prohibit waste discharges or other quality
alterations of state waters, except as authorized by permit. If no
storm sewer or stream is available, discharge of pool water into
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the sanitary sewer may be permitted upon prior written approval of
the director of transit and utilities and upon payment of sewer
service charges. The rate of such discharge into the sanitary
sewer is subject to approval of the director of building and fire
code administration.
10. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 22-16 (g), Article V, Chapter 22 of
the City Code of Fairfax is hereby amended to read as follows:
Sec. 22-16. Pool and pool area.
(g) Drainage of pool water. Residential swimming and wading pool
water may be drained into a storm sewer or stream provided that
such drainage complies with all applicable laws, ordinances and
regulations including, but not limited to, the requirements of
title 62.1 of the Code of Virginia which prohibit the obstructing
of contaminating of state waters and prohibit waste discharges or
other quality alterations of state waters, except as authorized by
· If no storm sewer or stream is available, discharge of
pool water into the sanitary sewer may be permitted upon prior
written approval of the director of transit and utilities and upon
payment of sewer service charges. The rate of such discharge into
the sanitary sewer is subject to approval of the director of
building and fire code administration.
11. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that the remaining sections and subsections of
those hereby amended shall continue to read as previously enacted.
This ordinance shall become effective as provided by law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
September 24, 1996
October 8, 1996
October 8, 1996
Mayor
Date
ATTEST:
.erk
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