Sec. 16-14. - Enforcement; fire marshal's office.

(a)

The Virginia Statewide Fire Prevention Code shall be enforced by the fire marshal's office, which is hereby established and which shall be operated under the supervision of the fire chief.

(b)

The fire chief shall designate the officer in command of the fire marshal's office, who shall be the fire marshal, and may also detail such members of the fire department to the bureau as shall, from time-to-time, be necessary. The fire marshal, the deputy fire marshals, the assistant fire marshals and the arson investigators shall have all of the authority granted to local fire marshals by state law and shall have the same police powers as a sheriff, police officer or law enforcement officer.

(c)

The Virginia Statewide Fire Prevention Code, and supplements thereto, are hereby adopted by reference, and the same are incorporated herein as fully as if set out at length.

(Ord. No. 4053-90, § 1; Ord. No. 6341-07; Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Sec. 16-15. - Fire code inspection fee.

(a)

There is hereby established an annual fire code inspection fee which shall be paid to the city pursuant to the Virginia Statewide Fire Prevention Code. The fee shall be charged to the owner for each premises that is subject to maintenance inspection under the Statewide Fire Prevention Code based upon the following schedule:

The fee hereby established shall not be charged to the United States of America, the Commonwealth of Virginia, its political subdivisions, or the City of Newport News.

(b)

The fee established by this provision shall be due and payable from the date that a statement of account reflecting the charge is mailed by the city. The charges established by this provision shall be maintained in an open account in the name of the person or persons responsible for payment of this fee. Any account which is more than thirty (30) days delinquent may be forwarded to the city attorney for collection. In the event that the account is forwarded to the city attorney for collection, the person in whose name the account is maintained shall be liable to the city, in addition to the fire code inspection fee, for a collection fee in the amount of thirty-five dollars ($35.00), or twenty-five (25) percent of the outstanding balance on the account, whichever is greater, said collection fee representing administrative costs and attorney's fees to the city for collecting said debt. Tender of payment and acceptance of the amount originally due the city under subsection (a) above shall not constitute satisfaction of the account unless and until the collection fee is paid.

(Ord. No. 4053-90, § 1; Ord. No. 4205-91, § 1; Ord. No. 4463-93, § 1; Ord. No. 4642-94; Ord. No. 5498-00; Ord. No. 6346-07, § 1)

Sec. 16-15.1. - Reserved.

Editor's note—

Ord. No. 4463-93, § 1, adopted May 25, 1993, repealed § 16-15.1, which pertained to annual inspection of fire protection systems, fee. See the Code Comparative Table.

Sec. 16-16. - Local board of appeals.

The local board of appeals for hearing appeals from the decisions of the fire marshal made under the Virginia Statewide Fire Prevention Code shall be the board of appeals, as appointed under the provisions of Article III, Chapter 13, of this Code.

(Ord. No. 4053-90, § 1)

Sec. 16-17. - Appeal.

An appeal to the local board of appeals shall be made within seven (7) days of the date of the notice or order of the fire marshal and shall be accompanied by a filing fee as set forth in section 13-65 of the City Code.

(Ord. No. 4053-90, § 1; Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Sec. 16-18. - Self-service gasoline dispensers.

If the dispensing of Class 1 flammable liquids at a service station available and open to the public is to be done by a person other than the service station attendant, the nozzle shall be either an approved automatic-closing type without a hold-open latch, or an automatic-closing type nozzle with a hold-open clip that complies with NFPA-30A.

(Ord. No. 4053-90, § 1; Ord. No. 5316-99)

Sec. 16-19. - Adoption of NFPA Standards.

There is hereby adopted, by reference, the National Fire Prevention Association Standard 1123, Code for Fireworks Display, and Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles.

(Ord. No. 4053-90, § 1; Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Sec. 16-20. - Fireworks permit required; permit fee.

(a)

It shall be unlawful for any person to own, sell, possess, store, display, use, explode or manufacture pinwheels, sparklers, fountains or Pharaoh's serpents without a permit issued by the fire marshal. A fee of two hundred fifty dollars ($250.00) shall be paid before such permit may be issued.

(b)

It shall be unlawful for any person to possess, display or explode any other fireworks without a permit issued by the fire marshal.

(c)

For purposes of this section, fireworks do not include pyrotechnic bird scaring devices.

(Ord. No. 4053-90, § 1; Ord. No. 4206-91, § 1; Ord. No. 6290-06; Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Sec. 16-20.1. - Permit fee for explosives, ammunition and blasting agents permits.

Permits required by Chapter 33, Explosives and Fireworks, of the Virginia Statewide Fire Prevention Code shall not be issued until a permit fee of two hundred fifty dollars ($250.00) shall have been paid.

(Ord. No. 4206-91, § 1; Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Sec. 16-21. - Insurance required.

Before the fire marshal shall issue any permit required by section 16-20 or section 16-20.1, the applicant for the permit shall submit evidence of liability insurance for the protection of persons and property from death, bodily injury and damage in an amount not less than one million dollars ($1,000,000.00) and in a form satisfactory to the city attorney.

(Ord. No. 4053-90, § 1; Ord. No. 4206-91, § 1)

Sec. 16-22. - Violations.

Any person violating any provision of this article for which no penalty is otherwise provided shall be guilty of a Class 1 misdemeanor.

(Ord. No. 4053-90, § 1)

Secs. 16-23—16-31. - Reserved.