2012-17 ORDINANCE NO. 2012-17
AN ORDINANCE AMENDING AND READOPTING CHAPTER VIRGINIA, ERTAINING
IV AND V, OF THE CODE OF THE CIT Y OF
TO FIRE PREVENTION AND PROTECTION,AND TO THE FIRE
THE CODE OF THE IRE
CHIEF FAIRFAX,
AND THE FIRE DEPARTMENT.
the City Council of the City of Fairfax, Virginia, that Chapter 42,
BE IT ORDAINED, by Y pertaining to fire prevention
Articles II, IV and V. of the Code of the City of Fairfax,Virginia,p g p
and protection, are hereby amended and readopted in their entirety as follows:
"Chapter 42—FIRE PREVENTION AND PROTECTION
ARTICLE II. —CITY FIRE MARSHAL
Sec. 42-31. - Office created; appointment.
The office of city fire marshal is hereby created. The city council may, upon the
recommendation of the city manager, appoint the city fire marshal.
Sec. 42-32. - Fire inspector/investigator.
The position of the fire inspector/investigator is hereby created. The city council may,
upon recommendation of the city manager, appoint one or more fire inspectors/investigators
who shall be deemed assistant city fire marshals. In the absence of the city fire marshal, an
assistant city fire marshal shall have the powers and perform the duties of the city fire
marshal. If there are two or more assistant city fire marshals, the city fire marshal shall
designate one of them to be in charge in his absence.
Sec. 42-33. - Oath of office.
Before entering upon their duties, the city fire marshal and the assistant city fire
marshals shall each take an oath, before any officer authorized to administer oaths, to
faithfully discharge the duties of their respective offices. The certificate of the oath shall be
returned to and preserved by the city council.
Sec. 42-34. -Powers of city fire marshal.
In addition to all powers conferred upon the city fire marshal pursuant to this chapter
and by general law, the city council hereby authorizes the city fire marshal and the assistant
city fire marshals to exercise the power to arrest, to procure and serve warrants and to issue
summons, as provided in Code of Virginia, § 27-34.2, the general police power as provided in
Code of Virginia, § 27-34.2:1, the power to order immediate compliance with the law, or to
prohibit the use of any building or equipment as provided in Code of Virginia, § 27-34.3,and
the right of entry to investigate releases of hazardous material, hazardous waste, or regulated
substances as provided in Code of Virginia, § 27-37.1; provided,that the city fire marshal and
the assistant city fire marshals shall not exercise any of the powers provided in such sections
until such time as they have complied with the requirements set forth therein.
Sec. 42-35. —Inspections by others.
The city fire marshal, with the approval of the fire chief, may designate such other
qualified persons as he deems necessary to make fire safety inspections.
Sec. 42-36. —Impersonation.
It shall be unlawful for any unauthorized person to use a badge, uniform or any other
credentials so as to gain access to any building, vehicle or premises or to otherwise falsely
identify himself as the city fire marshal, an assistant city fire marshal, or a designated
representative of the city fire marshal.
Sec. 42-37.—Investigation of fires.
The city fire marshal shall investigate or cause to be investigated every fire or
explosion occurring within the city that is of a suspicious bciOe made at the time of the firetorcat a
nature or wich causes of or damage to property. Such investigation shall
time, depending on the nature and circumstances of t o p hysic evident fare in of
order to preserve any physical evidence relating to or
explosion, take means to prevent access by a person or persons to such building, structure or
premises until such evidence has been properly processed. The police department, upon
request of the city fire marshal, shall assist in the investigation as marshal,needed. The
commonts of any
such investigation shall be forwarded, by the y
attorney for proper disposition.
Sec. 42-38.—Powers of arrest.
The city fire marshal and assistant city fire marshals permitted der Code Vi po lice
tit. 27, to do so shall have the same police powers as a regular member
department and shall be responsible for the investigation threats to prosecution su h offenses, false
involving fires, fire bombings, bombings, attempts
relating to such offenses, possession and manufacture n rig pf�e or
substances, and fire bombs, and other offenses involving the calling or summo
rescue equipment without just cause in violation of the Code of Virginia or this code.
Sec. 42-39. —Responsibility.
It shall be the responsibility of the fire department's officer-in-charge, fie, designee,
to file with the fire chief, in such form as he shall prescribe, a report
incident to which apparatus or equipment responds. Such reports shall be filed at such time
and location prescribed by the fire chief.
Sec. 42-40. —Summoning the city fire marshal.
The fire department's officer-in-charge at the scene of any fire, explosion or incident
such
scene shall immediately summon the city fire marshal or assis
suchcity
c fire marshal require
scene to investigate the circumstances involved, where
investigation as provided in section 42-37 or otherwise under applicable law.
Sec. 42-41.—Notification to fire department.
In any building subject to inspection under any provision of this code or any other
ordinance or regulation adopted or enforced by the city, ediately reported by the owner,
where lrted
recent fire, even though extinguished, that fact shall
manager, person in control of the building at the time of discovery to the city fire marshal,the
fire chief, or his designee.
Sec. 42-42. —Notification of burn injuries.
onsible
(a) Requirement for notification. A medical professional
described be ow shall pas soon
for the treatment of an individual for a burn The treating physician or
as practicable, notify the city fire marshal of such injury. g p Y
designee shall be responsible for giving the notice required by this section.
(b) Applicability of section. The provisions of this section shall be applicable to: (i)
any burn injury resulting from direct flame contact causing second degree burns
(partial thickness)to five percent or more of the patient's body and( third degree
burns (full thickness), regardless of the percentage of burned area; (ii) all chemical
burns regardless of severity; (iii) any upper respiratory burn injury requiring
advanced airway intervention and/or support; (iv) any burn injury which causes
death; or (v) any burn injury which is likely to cause death. The provisions of this
section do not apply to burn injury caused by sunburn.
(c) Contents of required notice. Notice under this section shall include:J(i) the(i ame
and address of the patient, if known; (ii) a description of the burn injury;
rrr
reported cause of the burn injury, if given; (iv)the patient's determining is ; and (v) of
other fact concerning the burn injury which may
the burn injury.
Secs. 42-43-42-60.—Reserved.
ARTICLE IV.—FIRE PREVENTION CODE
Sec. 42-91.—Enforcement; additional regulations by city.
Pursuant to Code of Virginia, § 27-98, the city shall enforce in its entirety the current
edition, together with any amendments thereto, of the Virginia Statewide Fire Prevention
Code promulgated by the Board of Housing and Community Development of the
27_97, The provisions of the
Commonwealth of Virginia pursuant to Code and the
O Virginia,ermitted amendments and additional
Virginia Statewide Fire Prevention Code anpermitted
to the Virginia Statewide Fire Prevention Code adopted marshal, ty sal be
enforced by the city fire marshal, and, under the authority applicable law The city fire marshal,
fire marshals and individuals designated as provided by app applicable law shall have all
assistant fire marshals and individuals designated h in Code of Virginia, tit. 27, and all of the
of the powers of the local fire official set
powers of the local fire official and the enforcing agency ado sett forth
it onhl Virginia Stato the
Fire Prevention Code and the permitted amendments
Virginia Statewide Fire Prevention Code theme adopted by the city.
Sec. 42-92.—Additions and deletions.
Pursuant to Code of Virginia, § 27-97, the city hereby adopts, as if set out in length in
this section, the amendments and additional regulations eno the `Vlirgmia Statewide Fi e
Prevention Code promulgated by the city fire marshal,
Prevention Code — City of Fairfax Amendments and Additional Regulations" dated as of
September 15, 2012.
Sec. 42-93. —Responsible person.
Any and all persons in charge of, in control of or responsible for d,any building,
structure, vehicle, device, other property, substance, material, gas, q or
condition regulated either by this code or by any
ordinance or regulation under the city fire
marshal's jurisdiction shall be responsible for compliance with such code, ordinance or
regulation provision(s).
Sec. 42-94. —Appeals.
(a) Application of fire prevention code. Appeals from actions or orders of the city fire
marshal shall be in accordance with the Virginia Statewide Fire Prevention Code
and as required by this section.
(b) Procedure generally. Appeals to the city building the bas board fr f such appeals shall Abe
in writing, and in sufficient detail to ascertain
appeals shall be docketed for hearing in the order of hearing All
ten days prior to
be given notice in writing of the time and place
the date set. The city building code board of appeals ahall conduct the decision od
render its decision in the same manner as it d appeals
building official heard before it.
(c) Withdrawal. Any person filing an appeal as provided in this section may withdraw
such appeal by written request prior to the date set for hearing, in which case the
city building code board of appears shall,
by written notice, close the docket and
fix the time for compliance with the order of the city fire marshal.
(d) Records of proceedings. The city building code board of appeals shall keep a
public record of its proceedings.
Secs. 42-95-42-120.—Reserved.
ARTICLE V. —BULK STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
DIVISION 1.—GENERALLY
Sec. 42-121. —General.
B , p
ulk processing or industrial plants, refineries or other plants and distilleries sand all
buildings, Tanks (as defined in section 42-136) and equipment used
processing, distillation, refining or blending of flammable petroleum storagebustibsectiquids, 4
otherwise falling under the definition of "bulk
(collectively, "Installation(s)") shall be located, constructed o ted a d nse used einf the accordance wit the
building code and NFiPA 30 and any other applicable law
42-122. —Safety attendant.
(a) Each bulk plant and terminal, as defined inNF A3, or other e Inttal siten(s)d
shall have a designated trained and competen t safety attendant an
received,
on-duty at all times when flammable or combustible liquids ere vehicle or
transferred, dispensed or loaded to or from a pipeline,
other vessel. Individuals receiving,transferring, dispensing or loading such liquids
to or from tank vehicles shall not be designated Y
(b) The safety attendant shall observe or monitor the receipt, transfer, dispensing and
loading of such liquids.
(c) The safety attendant shall assure compliance ltbut all
no t limit d to, the approved
ordinances and safety requirements, including
emergency plan of the plant or terminal or other Installation. The safety attendant nd plan
shall be knowledgeable about all such laws ordinances, ands pill
including such requirements concerning fire safety, emergency response
or leak notification.
(d) The safety attendant shall be familiar with the he�csafetyequ equipment, and all
teal be
controls, emergency shutoff devices, and prevent and abate, or cause to be
responsible for using such equipment to detect, p
abated, any emergency situation.
all times while on duty, the safety attendant shall be mentally and physically
to
(e) At appropriate and req
capable of immediately: (i) taking all necessary, all necessary,
detect and prevent a fire, explosion, spill or leak; (ii) taking
appropriate and required action in the event of a fire, explosion, spill or leak; and
(iii) performing the functions and assuming the responsibilities required by this
section.
Sec. 42-123. —Authority of the fire marshal.
all
The city fire marshal or the duly authorized representatives hall have the authority to adopt hand
administer and enforce this article. The city fire marshal shall
reasonable guidelines and procedures pertainingrio the requireme
and nts
so this ,
including, but not limited to, alarms, inspections, emergency plans
shall make available to the public draft guidelines and pr cedures city pertaining rtaining to marshal the
by
requirements of this article (for purposes of this section,publication
such draft guidelines and procedures on the city website and/or riposti greguhe same
e in this
same manner as notices of the city generally are posted, ' of this
section), and shall mail copies of such draft guidelines a procedures to all
the failure to mai known persons
draft
directly subject to such draft guidelines and procedures,
guidelines and procedures to any such person shall not invalidate such guidelines and
g
procedures provided that the city fire marshal complies of draft lguidelinesand procedure sany
herein. Within thirty days following the issuance o
person may submit written comments on such draft gu heliinn efandipr procedures
the the city firs
marshal. The city fire marshal shall thereafter establis
and procedures and any amendments thereto, and publish dth same, in
final Enforcement in the
of the
manner as set forth above for the draft guidelines � procedures.peal utilizing the procedures
guidelines and procedures by the city fire marshal is subject to a p g
set forth in section 42-94.
Secs. 42-12-42-135.—Reserved.
DIVISION 2.—TANK ALARMS
Sec. 42-136. - Definitions.
For the purpose of this article the following definitions shall apply, unless a different
definition is specifically made applicable to another section in this article:
Combustible liquids means combustible liquids as defined by the Virginia Statewide
Fire Prevention Code.
Facility means an owner's holdings of one or more tanks and adjacent buildings.
Flammable liquids means flammable liquids as defined by the Virginia Statewide Fire
Prevention Code.
High level alarm means a device which conforms with the standards of the
Underwriters' Laboratories, Inc., Factory Mutual or any other testing laboratory recognized by
the city fire marshal, and which is capable of either of the following:
(1) Emitting visible and audible signals indicating high levels of liquid in a tank, and
of being monitored on the property upon which the tank is located and by the carrier making
the delivery; or
(2) Emitting an audible signal and terminating the flow of liquid into the tank when
the level of liquid reaches the capacity of the tank.
Operator means one or more persons, jointly or severally, performing their duties at
the facility in whom is vested supervisory authority and responsibility for the use of a tank.
The term shall include the terminal manager,the on-site supervisor or their designees.
Owner means one or more persons,jointly or severally, in whom is vested all or part
of the beneficial ownership and a right to present use and enjoyment of the premises. The
term shall include a lessee. The term shall also include a mortgagee only when in possession.
The term "owner" shall include the owner's agents, employees, and assignees.
Property means real and personal property of all types except combustible liquids and
flammable liquids.
Tank means any stationary aboveground container with a capacity of 5,000 liquid
gallons or more which is used for the purpose of storing flammable or combustible liquids.
Tanks used exclusively as slop tanks, pump-off tanks or balance tanks or pour-back tanks are
excluded from this definition provided that they are not supplied by pipelines of interstate
carriers.
Sec. 42-137. - Alarms on tanks.
(a) Each tank shall be equipped with one of the following types of high level alarms:
(1) A high level alarm as defined in section 42-136, and installed to
emit two signals. The first signal shall be activated when the amount of
flammable or combustible liquid in the tank reaches a level which is ten
minutes prior to reaching the tank's capacity. The second signal shall be
activated when the amount of flammable or combustible liquid in the
tank reaches a level which is five minutes prior to reaching the tank's
capacity. The levels referred to herein shall be calculated at peak flow
of the flammable or combustible liquid into the tank.
(2) An alarm of the type defined in subsection (2) of the definition of
"High level alarm" in section 42-136, and installed to emit an audible
r
signal and terminate the flow of flammable or combustible liquid into
the tank when the level of the liquid reaches the capacity of the tank.
(b) No flammable or combustible liquids shall be added to any tank by any person
unless it is equipped with a high level alarm which has been inspected as required by
section 42-138. However, in the event of an inoperative high level alarm, flammable
or combustible liquid may be added to a tank if such addition is manually monitored in
accordance with plans approved in advance by the city fire marshal. Flammable or
combustible liquid may be stored in or removed from the tank when the alarm is not in
effective operating condition.
(c) All high level alarms installed and in operating condition on July 21, 1981, shall
be deemed to conform to the requirements of this article provided that the visible and
audible signals can readily be seen and heard on the property upon which the tank is
located.
Sec. 42-138. - Inspections and reports.
(a) Inspections of alarms shall be conducted monthly by the operator in the presence
of the city fire marshal or his duly authorized representative. The city fire marshal
shall maintain a written record of such inspections.
(b) The operator of each tank shall maintain a written record, in a form approved by
the city fire marshal, of all alarm tests, which record shall be available for inspection
by the city fire marshal upon request.
(c) When it is discovered that an alarm is not in effective operating condition, unless
the alarm can be repaired within twenty-four 24 hours or at least two hours prior to the
next delivery to such tank, whichever is sooner, the operator of the tank shall
immediately orally notify the city fire marshal of the out of service alarm. Such oral
notification shall be confirmed by the operator in writing within three days thereafter
on a form provided by the city.
DIVISION 3.—EMERGENCY PLANS
Sec. 42-140. - Emergency plans.
(a) Every operator of a facility with one or more tanks shall prepare and maintain an
emergency plan which shall include the following:
(1)Procedures for the immediate notification of the city in the event of:
a. The ignition of combustible or flammable liquids; or
b. Conditions indicating the reasonable likelihood of such ignition,
including but not limited to tank leaks, and combustible or flammable
liquid spills in excess of 25 gallons.
(2) On-site emergency response procedures in such event; and
(3)Procedures to accomplish the requirements of this chapter.
(b) Such emergency plan shall be submitted to and approved by the city fire marshal
prior to the issuance of a hazardous use permit to operate a facility with a tank or
tanks. In the case of a proposed reissuance of a hazardous use permit to operate a
facility with a tank or tanks, such emergency plan shall be submitted to the city fire
marshal not later than sixty days before such reissuance is to take place. Within thirty
days of the city fire marshal's receipt of such plan, he shall approve such plan, or
disapprove such plan indicating proposed amendments to such plan which would
allow its approval. No hazardous use permit shall be reissued unless the city fire
marshal has approved the emergency plan for the facility for which the hazardous use
permit is applicable."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
any and all references in the Code of the City of Fairfax, Virginia, to the "Department of Fire
and Rescue Services" are hereby amended to the "Fire Department", and all references to the
"Chief, Department of Fire and Rescue Services" are hereby amended to the"Fire Chief'.
This ordinance shall become effective as provided by law.
INTRODUCED: September 25, 2012
PUBLIC HEARING: October 9, 2012
ENACTED: October 9, 2012
Mayor
/ i5 Z
Date
ATTEST:
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye