Loading...
HomeMy WebLinkAbout1997-01-08 I I ~.% ]' ].\\l \RY ~ R()¢)%.I 2.11.(()t \IY()I[]( I Bi 11])[~¢, 2. 3. 4. 5. 6. 10. 11. 12. 13. Call to Order, Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet). Public Hearing m~ a proposed neighborhood police officer initiative for use of a Law Enforcement Block Grant Award in the amount of $20,290 to be used for the reduction of crimes and improvement of public safety in Albemarle County. Public Hearing on the 1997-98 / 2001-2002 Capital Improvement Program, Public Hearing on an Ordinance to Amend and Reordain Chapter 9, Fire Protection, Article I, In General. Article II, Fire Prevention Code and Article IV, Open Air Burning of Brush, etc. to specify the powers and duties of the Fire Marshal. to update the general fire laws, to readopr the Virginia Statewide Fire Prevention Code and appeals process, to establish fire lanes and the enforcement of fire lane violations, to implement fees for inspections and other services, and to adopt regulations controlling open air burring consistent with the model ordinance approved by the State Air Pollution Control Board. SP-96-39. Stature Family Trust (Sign #60). Public Hearing on a request for extension of a stream crossing in the flood plain of Muddy Run & Buck Mtn Creek on N sd of Rt 687. TMT,P29A. White Hall Dist. SP-96-45. Albemarle County Fair (Sign #64). Public Hearing on a request to amend conditions of SP-92-19 to allow expanded hours & days of operation for County Fair on property of 50 ac zoned RA on N sd of Rt 692 approx 0.4 mi W of Rt 29, TM87,P3. Samuel Miller Dist. SP-96-47. Henry J. Browne (Sign #67). Public Hearing on a request to establish a Home Occupation-Class B for a pvt architectural studio on 2.556 ac zoned RA & EC on W sd of Rt 231 approx 1 .O mi S of Louisa County line. YM51 ,P25. Rivmma Distr. Other Matters not Listed on the Agenda from the BOARD. Adjourn. FOR APPROVAL: 5.1 Jefferson Area Community Criminal Justice Board (CCJB), appointment of two new board members. FOR INFORMATION: 5.2 Copy of Plmaning Commission minutes for December 10, 1996. 5.3 October. 1996 Financial Report. Charlot~ Y. Humph~s Forest R. Ma~l. Jr. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Vwginia 22902-4596 (804) 296-5843 FAX (8041 296-5800 Sally H. Thomas MEMORANDUM TO: FROM: DATE: SUBJECT: Robert ~/', Tucker, Jr., County Executive Ella W. Carey, CMC, Clerk::~__~/ January 15, 1997 Board Actions of January 8, 1997 At the Board's meeting on January 8, 1997, the following actions were taken: Item 5.1. Jefferson Area Community Criminal Justice Board (CCJB), appointment of two new board members, Mr. Robert P. Dwoskin and Mr. W. T. Lewis, were appointed to the Jefferson Area Community Criminal Justice Board, for no specified term limit. Agenda Item No. 6. Public Hearing on a proposed neighborhood police officer initiative for use of a Law Enforcement Block Grant Award in the amount of ~20,290 to be used for the reduction of crimes and improvement of public safety in Albemarle County. ACCEPTED the grant. Agenda Item No. 7. Public Hearing on the 1997-98 / 2001-2002 Capital Improve- merit Program. HELD, NO ACTION TAKEN. Agenda Item No. 8. Public Hearing on an Ordinance to Amend and Reordain Chapter 9, Fire Protection, Article 1, In General, Article II, Fire Prevention Code, and Article IV, Open Air Burning of Brush, etc. to specify the powers and duties of the Fire Marshal, to update the general fire laws, to readopt the Virginia Statewide Fire Prevention Code and appeals process, to establish fire lanes and the enforcement of fire lane violations, to implement fees for inspections and other services, and to adopt regulations controlling open air burning consistent with the model ordinance approved by the State Air Pollution Printed on recycled paper Robert W. Tucker, Jr. January 15, 1997 (Page 2) Control Board. ADOPTED An Ordinance to Amend and Reordain Chapter 9, Fire Protec- tion, of the Code of the County of Albemarle, Virginia, and, ADOPTED Resolution setting for a Fee Schedule for the Fire Code. Agenda Item No. 9. SP-96-39. Stamm Family Trust (Sign #60). Public Hearing on a request for extension of a stream crossing in the flood plain of Muddy Run & Buck Mtn Creek on N sd of Rt 687. TM7,P29A. White Hall Dist. APPROVED SP-96-39 with the three conditions recommended by the Planning Commission, as follows: This approval shall allow construction of only one of the two options out- lined in the staff report of 1992; A building permit to construct a crossing shall not be issued until the follow- ing conditions are met: a. Department of Engineering final approval; b. Water Resource Manager approval of a water quality impact assess- merit plan; c. Compliance with all federal, state and local requirements pertaining to a perennial stream; d. D6 partment of Engineering issuance of an Erosion Control Permit (Grading permit); This special use permit shall expire on January 1, 1999, unless construction commences by that date and thereafter is completed within one (1) year, Agenda Item No. 10. SP-96-45. Albemarle County Fair (Sign #64). Public Hearing on a request to amend conditions of SP-92-19 to allow expanded hours & days of operation for County Fair on property of 50 ac zoned RA on N sd of Rt 692 approx 0.4 mi W of Rt 29. TM87,P3. Samuel Miller Dist. APPROVED SP-96-45 with the four conditions recommended by the Planning Commission, as follows: Such event shall be limited to eight consecutive days annually. Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m.. ("Operation" shall mean the period of time during which the fair is open to the public and shall not include set ~ p, dismantling and restoration activities.) This permit is issued for the conduct of the Albemarle County Fair by a qualified non-profit organization and shall not be used for any other event requiring special use permit pursuant to Sections 10.2.2.42 and 5.1.27 of the Zoning Ordinance; Robert W. Tucker, Jr. January 15, 1997 (Page 3) The applicant shall notify the Albemarle County Police Department, Virginia Department of Health, and servicing fire and rescue squads sixty (60) days prior to each event and shall make adequate arrangements for the conduct of the event with each of these agencies; Traffic management shall be approved annually by the Albemarle County Police Department, Virginia Department of Transportation and Albemarle County Department of Planning and Community Development with the final responsibility being that of the Police Department; The applicant shall abide by the approved site plan and submit any requests for amendments for administrative approval at least thirty (30) days prior to each event. Agenda Item No. 11. SP-96-47. Henry J. E~rowne (Sign #67). Public Hearing on a request to establish a Home Occupation-Class B for a pvt architectural studio on 2.556 ac zoned RA & EC on W sd of Rt 231 approx 1.0 mi S of Louisa County line. TM51 ,P25. Rivanna Distr. APPROVED SP-96-47 with the seven conditions recommended by the Planning Commission, and the two additional conditions agreed to by the applicant, all as follows: 4. 5. 6. 7. 8. 9. The entrance onto Route 231 shall be maintained such that sight distance is optimized, providing a minimum of two hundred fifty (250) feet of sight distance; No commercial sales will occur on site; Use will be limited to two (2) people (Applicant and one (1) additional employee); Use of existing parking facility only; Type of material and color of the additions are to match the existing shed; Additions to the existing shed shall be constructed ~n general accord with site plan (Attachment G); Should a bathroom be provided, Health Department approval wilt need to be obtained; The use of the building will be limited to architectural practices and storage of drawings, photos, and paintings; Client visits will be limited to three (3) per month. Agenda Item No. 12. Other Matters not Listed on the Agenda from the BOARD, Mr. Tucker mentioned some legislation relative to purchase of development rights. The Board expressed bi-partisan support of the measure. Robert W. Tucker, Jr. January 15, t997 (Page 4) Mrs. Thomas mentioned that Arlington County has some legislation relating to "Dark Skies" to go before the General Assembly. She and Mrs. Humphris met with representatives from the Chamber of Commerce and Senator Emily Couric about this legislation. The Chamber will express its support of the conce ~t and Mrs. Couric will get Albemarle's name added to the proposed legislation. LEN/mms Attachments (3) cc: Richard E. Huff Roxanne White Jo Higgins Bruce Woodzell Richard Wood Amelia McCulley Jan Sprinkle Larry Davis Wayne Cilimberg Kevin Castner File ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER COUNTY OF ALBEMARLE, VIRGINIA 97-9(1) 9, FIRE PROTECTION, OF THE CODE OF THE BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 9, Fire Protection, [s hereby amended and reordained, as follows: By Adding New: Section 9-1 Section 9-2 Section 9-4.1 Section 9-4.2 Section 9-4.3 Section 9-21 Section 9-21.1 Section.9-21.2 Section 9-21.3 Section 9-22 Section 9-22.1 Section 9-23 Section 9-24 Section 9-25 Office of the Fire Marshal created; appointment, powers of the Fire Marshal and his deputies. General precautions to prevent spread of fire. Definitions. Local appeals. Permits required Title. Purpose. Adoption of Virginia State Air Pollution Control regulations. Definitions. Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violations. oath and Board By ~endin~: Section 9-3 Section 9-4 Section 9-7 Throwing inflammatory objects from vehicles. Applicability of Statewide Fire Prevention Code. Fire lanes. By Repealing: Section Section 9-2 Section 9-2~ Section 9-22 Section 9-22.1 Section 9-23 Section 9-23.1 Section 9-23.2 Section 9-23.3 Section 9-24 Section 9-25 Section 9-26 Section 9-27 Burning of refuse, etc., near buildings and fences. Duty to extinguish fires built in open; liability for forest fires. Precautions required to prevent spread of fire. Limitation on hours of burning between March 1 and May 15. Limitation of burning of leaves between October 1 and March 1. Liability for causing forest fire. Authority of county fire official. Petitions to ban burning in designated areas. Adoption of regulations of state air pollution control board. Violations; penalties. Construction of article. Leaf burning prohibited in certain areas. Open burning prohibited in certain area. 9-1. 9-2. 9-3. §9-4. ~9-4.1 §9-4.2 ~9-4.3 Article I. In General Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. General precautions to prevent spread of fire. Damaging or jeopardizing property of another by fire. Article II. Fire Prevention Code Adoption of Virginia Statewide Fire Prevention Code. Definitions. Local appeals. Permits required §§ 9-5, 9-6. Repealed. § 9-7. Fire lanes. § 9-8. Fire protection systems. Article III. Fireworks 9-9. 9-10. 9-11. 9-12. 9-13. 9-14. 9-15. 9-16. 9-17. 9-18. 9-19. 9-20. Purpose of article. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Article not applicable to certain fireworks. Permits for public displays--Required. Same--Application. Same--Investigation; issuance or refusal. Same--Conditions. Same--Liability insurance or bond required. Same--Nontransferable. Disposal of unused fireworks after public display. Sale, discharge, etc., prohibited in certain locations. Seizure and destruction of certain fireworks. Article IV. Open Air Burning. 9-21. 9-21.1 9-21.2 9-21.3 9-22. 9-22.1. 9-23. 9-24. Title Purpose. Adoption of Virginia State Air Pollution Control Board Regulations. Definitions. Prohibitions on open burning. Exemptions. Permissible open burning. Permits. 9-25. Penalties for violation. §§ 9-26, 9-27. Repealed. ARTICLE I. IN GENERAL Sec. 9-1. Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. (a) Pursuant to section 27-30 of the Code of Virginia the Office of the County Fire Marshal is hereby established. The board of supervisors shall appoint the fire marshal and such assistant fire marshals as the Board deems necessary, pursuant to section 27-36 of the Code of Virginia. (b) The fire marshal and his assistants shall, before entering upon their duties, take an oath, before any officer authorized to administer oaths, to faithfully discharge the duties of their offices. (c) The fire marshal and his assistants, in addition to such other duties as may be prescribed by law, shall be authorized to exercise all powers granted pursuant to Section 27-34.2:1 of the Code of Virginia. (d) While any fire department or fire company is in the process of answering an alarm or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion, or the uncontrolled release of hazardous materials which threaten life or property, or in otheremergency situations, the fire marshal and his assistants, or other officer in charge of such fire department or company at that time, shall have the authority to: (t) Maintain order at such emergency incident or in its vicinity; (2) Notwithstanding the provisions of section 46.2-890 of the Code of Virginia, keep bystanders or other persons at a safe distance from the incident and emergency equipment; (3) Facilitate the speedy movement and operation of emergency equipment and fire fighters; (4) Cause an investigation to be made into the origin and cause of the incident; and (5) Until the arrival of a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. The fire marshal or other officer in charge shall display his fire fighter's badge or other proper means of identification. (e) Notwithstanding any other provision of law, the authority grented by this section shall extend to the activation of traffic control signals designed To facilitate the safe egress and ingress of emergency equipment at a fire station. (f) Any person refusing to obey the orders of the fire marshal or his assistants, or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. The fire marshal and his assistants, or other officer in charge, shall have the authority to make arrests for violation of the provisions of this section. (g) The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident. Personnel from the news media, when engaged in news-gathering activities, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the fire marshal or his assistants, or other officer in charge, interfere with the fire department or rescue workers dealing with such emergencies, in which case the fire marshal or his assistants, or other officer in charge, may order such persons from the scene of the emergency incident. State law reference--Code of Va., § 27-15.1 Sec. 9-2. General ~recautions to prevent spread of fire. (a) It shall be unlawful for any owner or lessee of land to set fire To, or to procure another to set fire to, any woods, brush, logs~ leaves, grass, debris or other inflammable material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to land other than that owned or leased by him. It shall be unlawful for any employee, agent, representative or licensee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he shall have taken similar precautions to prevent the spread of such fire to any sther land. (b) During the period beginning February 15 and ending April 30 of each year, even though the precautions required by section 9-2 have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within five hundred (500) feet of any woodland, brush land or field containing dry grass or other flammable material, except between the hours of 4:00 p.m. and 12:00 midnight. (c) The provisions of this section shall not apply to fires which may be set within the corporate limits of any incorporated town, nor to fires set on rights-of-way of railroad companies by their duly authorized employees. Va. Code Section 10.1-1142. (d) Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense. Sec. 9-3. Damaging or jeopardizing property of another by fire. It shall be unlawful and a Class 3 misdemeanor for any person to intentionally or negligently set any woods or marshes on fire or set fire to any stubble, brush, straw or any. other substance capable of spreading fire on lands, whereby the property 3 of another is damaged or put ~n jeopardy, and in addition to any penalty which may be imposed for violation of this section, such person shall be liable for the full amount of all expenses incurred in fighting the fire. State law reference--Code of Va., S 10.1-1142. ARTICLE II, FIRE PRE--ION COD~ Sec. 9-4. Adoption of Virginia Statewide Fire Prevention Code. Pursuant to section 27-97 of the Code of Virginia, the Virginia Statewide Fire Prevention Code, in its current form and as amended in the future, is adopted by the County of Albemarle, except as otherwise modified or amended in this article, and the same is hereby incorporated fully by reference. This code shall be referred to in this chapter as the "fire prevention code." The fire official shall enforce the fire prevention code. Sec. 9-4.1 Definitions. The following words and terms used in the fire prevention code shall have the definitions assribed to them in this section: Fire official shall mean the fire marshal andfor his assistants, Jurisdiction shall mean the County of Albemarle, Virginia. Legal counsel of the jurisdiction shall mean the county attorney or an attorney appointed by the board of supervisors to represent the county in legal mat~ers. Sec. 9-4.2 Local appeals. Appeals concerning the application of the fire prevention code shall be governed as follows: (a) The Albemarle County Building Code and Appeals Board is hereby constituted as, and shall serve as the Albemarle County Fire Prevention Code Appeals Board. (b) The chairman and secretary of the Albemarle County building code and appeals board shall serve in that same capacity for the Albemarle County fire prevention appeals board. (c) The fire official shall provide clerical support to the Albemarle County building code and appeals board on matters pertaining to the fire prevention code within personnel and budgeting limits. (d) Appeals to the fire prevention appeals board may be made by any person aggrieved by any decision or interpretation of the fire official made under the provisions of the fire prevention code. Sec. 9-4.3 Permits required. Permits shall be obtained, when required, from the fire official. Permits shall be available at all times on the premises designated in the permit for inspection of the fire official. Fees for such permits, for inspections and services shall be in such amounts as are from time to time established by resolution of the board of supervisors, and a fee schedule setting forth such fees will be maintained by the fire official. Such fee schedule shall also include fees to defray costs of enforcement and appeals concerning the fire prevention code. Sees. 9-5, 9-6. Repealed by ordinance adopted 4-13-88. Sec. 9-7. Fire lanes. (a) The fire official may require both public and private fire lanes, as deemed necessary for the efficiency and use of fire and rescue apparatus. Fire lanes shall 4 hav~ a minimum width of eighteen (18) feet. ~No person shall stand or park a motor vehzcle within any fire lane established and designated in a parking lot or travel lane open to the public. (b) Designated fire ~anes shall be free of obstructions, vehicles and marked zn e manner prescribed by the fire official. (c) Ail designated fire lane signs or marking shall be maintained in a clear and legible condition at all times and replaced when necessary to ensure adequane visibility. (d) The county police and the fire official shall have concurrent jurisdiction to enforce the provisions of this section, and each shall have the authority to issue parking citations for any violation of this section. Parking citations shall be provided by the county. (e) Any police officer or the fire official who finds any vehicle in violation of this ~eetion shall also have the authority to remove such vehicle at the owner's risk and expense. This ~uthor£ty shall extend to any fire or rescue officer i~ c~harge of a. fire or rescue operation who findsany such violation to be~interferingwi~h such emergency operations. (f) Violation of this section shall be punishable by a twenty-five duller ($25.00) fine. The contest of such fine by any person shall be governed by the provisions of section 12-8.2 of this Code. Sec. 9-8. Fire protection systems. (a) Any person or persons engaged in selling, servicing, testing, leasing, installing, inspecting, altering, modifying, repairing or removing any portable or fixed fire protection, suppression or detection equipment and systems in the county shall be registered with and operated from a permit issued by the fire official. (b) Each registrant will provide the fire official with proof of adequa=e general liability insurance, including product or completed operations liability insurance, which will protect the public (both from property damage and personal injury) from negligence of their personnel performing the aforementioned activities considering the nature and extent of the registrant's proposed activities. (c) Any person or persons engaged in the aforementioned activities shall demonstrate proof of qualification, in a manner prescribed by the fire official. (d) Ail servicing, inspection, testing~ installing, altering, modifying, repairing, or removing of ~uch equipmenn and systems, shall be done in accordance with the practices, standards, codes and requirements of the National Fire Protestion Association, the Statewide Fire Prevention Code and Virginia Uniform Statewide Building Code and the orders of the fire official. (e) Failure to comply with this section shall be cause for revocation of the permit and shall be a violation of the Statewide Fire Prevention Code. (3-20-75; 4-13-88) For state law as to fireworks generally, see Code of Va., ~S 59.1-142 to 59.1- 148. Sec. 9~9. Purpose of article. The purpose of this article is to provide administrative procedures for the regulation of the use and sale of fireworks. 5 Sec. 9-10. Manufacture, sale, discharge, etc,, of certain fireworks prohibited. Except as otherwise provided in this article, it shall be unlawful for any person to uransporu, manufacture, store, sell, offer for sale, expose for sale, buy, use, ignite or explode any firecracker, torpedo, skyrocket or other substance or thing, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly known, as fireworks, and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than sparks, and other than those fireworks excepted under the provisions of section 9-11. (Code 1967, § 10-4; 4-13-88) For state law basis of this section, see Code of Va., ~ 59.1-142. Sec. 9-11. Article not applicable to certain fireworks. The provisions of this article shall not apply to sparklers, fountains, Pharaoh's serpents, caps for pistols or pinwheels, commonly known as whirligigs or spinning jennies, when used or exploded on private property with the consent of the owner of such property; nor shall the provisions of this article apply to the use of fireworks by any railroad company for signal purposes or illumination; nor shall the provisions of this article apply to the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. (Code 1967, S 10-5) For state law basis of this section, see Code of Va., ~§ 59.1-146, 59.1-147. Sec. 9-12. Permits for public displays--Required. Notwithstanding the other provisions of this article, public displays of fireworks may be given by fair associations, amusement parks or by any organization or group of individuals In accordance with a permit from the fire official. It shall be unlawful for any person to hold, present or give any such public display of fireworks without first having obtained such a permit from the fire official. (Code 1967, § 10-6; 4-13-88) For state law as to authority of county to adopt this section, see Code of Va., 59.1-144. Sec. 9-13. Same--Application. Any person desiring s permit required by section 9-12 shall make application therefor ~o the fire official at least thirty (30) days prior to the date of such fireworks display. Such application shall be on forms provided by the fire official. The applicant shall furnish such information as maybe required by the fire official. (Code 1967, § 10-7; 4-13-88) Sec. 9-14. Same--Investigation; issuance er refusal. Upon filing of an application for a permit required by section 9-12, the fire official shall make an investigation to determine whether the applicant is properly qualified to present a public fireworks display and whether such display can be held without danger to property or person. If the fire official is satisfied with the results of such investigation, he shall issue the permit. If he is not satisfied with the results of such investigation, he shall refuse to issue such permit. (Code 1967, ~ 10-8; 4-13-88) Sec. 9-15. Same--Conditions. The fire official may specify, in any permit issued pursuant to section 9-12, any conditions which he shall deem necessary to protect persons and property. Such conditions may include, but shall not be limited to, the type of fireworks to be used in such display, the hours when such display may be presented, required fire extinguishing equipment, the presence of trained firemen and policemen and any other requirement that the fire official may deem necessary. (Code 1967, ~ 10-9: 4-13-88) 6 Sec. 9-16. Same--Liability insurance or bond ~equiredo Each permittee under this article shall file with the fire official and a licensed insurance company evidence of a policy of liability insurance or a bond in an a~ount deemed adequate by the fire official and licensed insurance company for the payment of all damages which may be caueed either to persons or to property by reason of the ~ermitted display and arising from any acts of the permittee or his agents, employees or subcontractors. (Code 1967, ~ 10-10; 4-13-88) Sec. 9-17. Same--Nontransferable. No permit issued pursuant to section 9-12 shall be transferable~ (Code 1967, ~ 10-11) Sec. 9-18. Disposal of unused fireworks after public display. Any fireworks remaining unfired at the end of any public display shall immediately disposed of in a way safe for that particular type of fireworks. (Code 1967, ~ 10-12) Sec. 9-19. Sale, discharge, etc., prohibited in certain locations. be It shall be unlawful for any person, firm, corporation, organization or group to sell, offerfor sale, store, display, manufacture, possess or discharge any fireworks within one hundred (100) feet of any gasoline pump, propane distribution tank, or other inflammable liquid distribution pump or apparatus, excep= in a fully enclosed building where fireworks are permitted for such sale or use. Fully enclosed building shall not be construed to include any outdoor stands or other similar structures that have been set up =o sell, offer for sale, store or display any fireworks. (Code 1967, § 10-13; Ord. No. 95-9(1)) Se=. 9-20. Seizure and destruction of certain fireworks. Any law enforcement officer arresting any person for the violation of any provision of this article shall seize any article mentioned in section 9-10 which is in the possession of or under the control of the person so arrested, and shall hold the same until final disposition of any criminal proceedings against such person. If a judgment of conviction is entered against such persons, the court shall, in addition to any other penalty imposed, order destruction of such articles upon expiration of the time allowed for appeal of such judgment of conviction. (Code 1967, ~ 10-14) For state law basis of this section, see Code of Va., ~ 59.1-143. ARTICLE IV. OPEN AIR BURNING Sec. 9-21. Title. This article shall be known as the Albemarle County ordinance for the regulation of open burning. Sec. 9-21.1. Purpose. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Albemarle County to achieve and maintain, to the greatest extent practicable, a level 'of air quality that will provide comfort and convenience while promoting economic andsocial development. Sec. 9-21.2 Adoption of Virginia State Air Pollution Control Board Regulations. The Commonwealth of Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution, Part IV, Emissions Standards for Open Burning (Rule 4-40), in current form and as amended in the future, are hereby adopted 7 and incorporated by reference; provided, however, any county regulation specified in this article more restrictive than such state regulations shall apply and take precedence over the state regulations. Any permits required by such state regulations may be issued by the county, if authorized by the state agency otherwise responsible. sec. 9-21.3. Definitions. For the purpose of this article and subsequent amendments or any orders issued by Albemarle County, the following words or phrases shall have the meaning given them in this section. 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. Clean burning waste means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. 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 or 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. Debris waste means stumps, wood, brush and leaves from land clearing operations. De~oli~ion waste means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. Garbage means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. 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 ~ncrease in serious irreversible or incapacitating illness; or Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Household refuse means waste material and trash normally accumulated by a household in the course of ordinary day to day living. 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. Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the main=enance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. Landfill means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris lendfill. See Virginia Solid Waste Management Regu- lations (VR 672-20-10) for further definitions of these terms. Local landfill means any landfill located within the jurisdiction of a local government. Open burning means the burning of any matter in such a manner that the products resulting from co~ustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. 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 a~mosphere. The term also includes trench burners, air curtain destructors and over draft incinerators. 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. Salvageoperation means any operation consisting of a business, trade or £ndustry participating in salvaging or reclaiming any product or material, such as, but not limited ~o, reprocessingof used motor oils, metals, chemicals, shipping containere or drums, and specifically including automobile graveyards and junkyards. Sanitary landfill means an engineered land burial facility for the disposal of household waste which is so located, designed, sonstructed, 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 also may 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 Virginia solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. 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. Special incineration device means a pit incinerator, conical or tepee burner, or any other device specifically designedto provide good combustion performance. Sec. 9-22. Prohibitions on open burning. (a) a special ordinance. No owner or other person shall cause or permit open burning or the use of incineration device for disposal of refuse except as provided in this (~) 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 tire 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 or 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 undeK 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 section 10.1-1142 9 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 stage of an air pollution episode as described in Part VII of the Regulations for the Control and Abatement of Air Pollution or 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 any in-process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. sec. 9-22.1. 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 fightereunder 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 food 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. 9-23. 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: The burning takes place on the premises of the private property; and The location of the burning is not less than three hundred (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. (b) Open burning is permitted for the disposal of household refuse by homeowners or tenants, provided that the following conditions are met: The burning takesplace on the premises of the dwelling; Animal carcasses or animal wastes are not burned; Garbage is not burned; The location of the burning is not less than three hundred (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 er modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or 10 building areas, sanitary landfills, or from other clearing operations which may be approved by the fire official, 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 official; The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; The burning shall be at least five hundred (500) feet from an occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; The burning shall be oonducted at the greatest distance practicable from highways and air fields; The burning shall be attended at all times and conducted to ensure the best possible combustion with aminimum of smoke being produced; The burning shall not be allowed to smolder beyond the minimum period of timenecessary for the destruction of the materials; and The burning shall be conducted Qnly 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 anunderground fire hazard due to the presence of methane gas provided %hat the following conditions are met: 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; 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; 4o Ail reasonable effort shall be made to minimize the amount of material that is burned; and No materials may be burned in violation of the regulations of the Virginia Waste Management Board or 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 official; no other site shall be used without the approval of these officials. The fire official shall be notified of thedays during which the burning will occur. (e) Section 9-23(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, 9-24. Permits. (a) When open burning of debris waste (section 9-23(c)) or open burning of debris on the site of a local landfill (section 9-23(d)) is to occur within Albemarle County, the person responsible for the burning shall obtain a permit from the fire official prior to the burning. Such a permit may be granted only after confirmation by the fire official 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 tl 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 official. {b) Prior to the initial installation (or reinstallation, in cases of relocation) andoperation of special incineration devices, the person responsible for the burning shall obtain a permit from the fire official; such permits to be granted only after confirmation by the fire official that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution of the State Air Pollution Control and that any conditions are met which are deemed necessary by the fire official 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: Ail 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, saw logs and firewood; The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; 3o The burning shall be at least three hundred (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 official determines that it is necessary to protect public health and welfare, he may direct than any of the above cited distances be increased; 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; The burning shall be conducted only when the prevailing winds are away from any city, town er built-up area; 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; and Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the fire official. (c) An application for a permit under section 9-24{a) or section 9-24(b) shall be accompanied by a processing fee as set forth in the fee schedule maintained by the- fire official, as may be amended from time to time. Sec. 9-25. 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. (c) The fire official shall enforce the terms and oonditions of this ordinance. Secs. 9-26, 9-27. Repealed by ordinance adopted January 8, 1997. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting/he~l~ on January 8, 1997. 12 RESOLUTION WHEREAS, the Board of County Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia Statewide Fire Prevention Code as se= forth in section 9-4 of the Code of Albemarle; and WHEREAS, the Board of County Supervisors is authorized by Virginia Code Section 27-98 to establish such procedures or requirements as may be necessary for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and W~U~EAS, the Board of County Supervisors is authorized by Virginia Code Section 27-98 to levy fees in order to defray the cosn of such administration, enforcement and appeals. NOW, T~u~REFORE, BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby adopts the following fee schedule, which shall be administered by the County Fire Official and his authorized assistants. FEE SCHEDULE FEE ~ECTION $125.00 Open Burning per job $50.00 per use $50.00 per job $50.00 FIP~E CODE REFEHENCE ~ F-403.4 For the burning of land clearing debris three (3) inches in diameter in size or grea~er such as, brush, stumps, and other clean wood, to be burned at the site at which it was generat- ed. Permits are to be issued to the contractor performing the work and shall include the name of the contractor, the contractor's agent who will be responsible for the operation, a day time, night time and an emergency phone number. The permit shall be issued for a specific location a= the job site and may be moved at the direction of the Fire Prevention Office only. The duration of the permit shall not exceed sixty (60) days. Bonfires F-403.8.2 Issued to the owner of the land upon which the bonfire is to be kindled. Fire is utilized for ceremonial purposes only. Size 5' X 5' X 5'. Duration three (3) hours. Permit to be valid for the date or dates specified only. Torches for Removing Paint F-404.2 A 'permit to use a torch or other flame-producing device to remove paint from any building or structure in the County by any contractor shall be secured from the Fire Prevention Office prior to the operation taking place. The duration of the permit shall be thirty (30) days and shall require the Fire Prevention Office to be notified by the contractor on each day a torch is =o be used a= the site. Airports, Heliports and Helistops F-801.2 For the operation of any public airport, hetiporn, helistop or aircraft hanger within the county. Page 1 of 7 $50.00 per ~ob SBO. O0 annual S50.00 annual S50.00 annual $50.00 annual $50.00 per job $125.00 annual $50.00 annual S50.00 per job $50.00 annual Refinishing of Pins or Lanes at Bowling Establishments F-901.2 For the application of any flammable liquid or material involved in the refinishing of bowling pins or the resurfacing of the bowling lanes at any bowling establishments within the county. Crop-Ripening and Coloring Processes F-1001.2 For equipment and operations for the process of coloring or ripening crops in any tightly closed room including those processes where ethylene gas may be introduced into the room =o assist in these processes, within the county. Dr~ Cleaning Plants F-1101.2 For the equipment, processes and operation of dry cleaning plants within the county. The permit shall prescribe the type of system to be used. Dust Explosion Hazards F-1201.2 For the operation of an~ grain bleacher or elevator; flour, starch or feed mill; malt house; wood flour manufacturing plant; or any plant that pulverizes aluminum, coal, cocoa, magnesium, spices, sugar or other material that produces dust. F]-mmable Spray and Dipping Operations F-1301.2 For the application of any flammable or combustible finish by spraying or dipping that applies more then one (1) gallon of finish in one (1) working day, within the county. Fumigation and Thermal Insecticidal Fogging F-t401.2 For any fumigation or thermal insecticidal fogging within any building in the county. Hazardous Production Materials Facilities F-150t.2 For the storage, handling, and usage of hazardous production materials within any building in the County. LumberYards and Woodworking Plants F-1601.2 For the storage, operations of lumber yards, and woodworking plants in which more than one hundred thousand (100,000) board feet (236 m3) of lumber is stored or used. Tents and ~ir-supported Structures F-2001.2 For the use of a tent or air-supported structure in excess of nine hundred (900) square feet (84 m2) and used for the gathering of more than fifty (50) people in the county. A permit not to exceed one hundred eighty (180) days shall be issued. Vehicle-Wrecking Yard, Junk Yards and Waste Material-Handling Plants F-2102.1 TO conduct or maintain equipment, processes and operations of vehicle-wrecking yards, junk yards and waste material-handling plants within the county. Page 2 of 7 $50.00 annual $75.00 annual $75.00 annual $75.00 annual $75.00 annual $125.00 annual $75.00 annual $75.00 annual Material Storage F-2103.1 Required for s=orage located in any s=ruc=ure or on any premises of more than =wo thousand five hundred (2500) cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials. Welding or Cutting, Calcium Carbide and Acetylene ~enerators F-2201.2 For those companies, copartnership's, corporations or owner- operators who weld or cut with gas, electric arc or flammable liquid or any combination thereof, outside of areas approved for this purpose. This shall not be construed as requiring a permit for each welding or cutting job location, but does require those who possess the permit to notify the Fire Prevention office in advance of where such work is to take place. Exception: In the case of an emergency call which does not allow time for notification. Oas Welding and Cutting Operations Cylinder or Container Storage F-2205.2 To store.cylinder or containers used in conjunction with welding or cutting operations when more than two thousand (2,000) cubic feet (56 m3) of flammable compressed gas other than liquefied petroleum gas, three hundred (300) pounds (136.20 kg) of liquefied petroleum gas, or six thousand (6,000) cubic feet (168 m3) of nonflammable compressed gas within the county. Calcium Carbide Systems F-2207.1 For the storage or possession of calcium carbide in excess of two hundred (200) pounds (91 kg). Acetylene Generators F-2208.1 For the operation of an acetylene generator having a carbide capacity exceeding five (5) pounds (2.27 kg). Hazardous Materials and Chemicals F-2301.2 For the storage, usage, handling, or dispensing of hazardous materials and chemicals as indicated in Chapters 24 through 43 of the StatewideFire Prevention Code. The required permitted quantities shall be as indicated in the referenced Chapters. Aerosol Products F-2401.2 To store and sell for retail display of any level 2 and 3 aerosol product exceeding a net weight of five hundred (500) pounds (227 kg). Cellulose Nitrate (Pyroxylin) Plastics F-2501.2 For all retailers, jobbers and wholesalers storing or handling more than twenty-five (25) pounds (11.35 kg) of product; for storage, handling and processing operations involving cellu- lose nitrate film in excess of twenty-five (25) pounds (11.35 kg). Page 3 of 7 S75.00 annual $125.00 annual S125.00 annual $125.00 annual S250.00 annual S150.00 annual $100.00 per job $250.00 annual $50.00 plus per job Combustible Fibers F-2601.2 TO store or handle combustible fibers in amounts in excess of one hundred (100) cubic feet (2.80 m3). Compressed Gases F-2701.2 TO store, handle or use at normal temperature and pressure more than seven hundred fifty (750) cubic feet (21 m3) of flammable compressed gas, or six thousand (6,000) cubic feet (168 m3) of nonflammable compressed gas, and any quantity of highly toxic or toxic compressed gas. Corrosives F-2801.2 For storage and use of any corrosive materials exceeding one thousand (1,000) pounds (454 kg) of solids, one hundred ten (1t0) gallons (0.42 m3) of liquids or eight hundred ten (810) cubic-feet (23 m3) of gases. Cryogenic Liquid F-2901.2 To produce, store or sell any cryogenic liquid; or store a nonflammable, nontoxic cryogenic liquid in quantities greater than five hundred (500) gallons (1.89 m3); or store or use more than ten (10) gallons (0.0379 m3) of liquid oxygen, flammable cryogenic liquids or cryogenic oxidizers. Explosives, Ammunition and Blastinq Aqents F-3001.2 Manufacture, Sell or Operate a Terminal To manufacture, sell (wholesale or retail), or operate a terminal which handles explosives or blasting agents. Store, Possess, or Otherwise Dispose of Explosives or Blasting Agents To store, possess or otherwise dispose of explosives in connection with operations involving blasting. This will include, but not be limited to, company yards or storage sites at job locations within the county. Use of Explosives or Blasting Agents To use explosives or blasting agents at any project site. The permit shall specify at each ~ocation the type and extent of blasting to be performed. Duration shall not exceed thirty (30) days from date of issue. Fireworks F-3101.2 Fireworks - Wholesale To sell Class C Fireworks =o stands or businesses within the county. Bond or insurance required in an amount specified by the Fire Prevention Office, but in no case shall it be less than one million dollars ($1,000,000.00). Fireworks - Public or Private Displays Twenty-five dollars ($25.00) for each additional da=e or location one wishes to display or discharge fireworks for ceremonial, sports, fairs or amusement purposes. Before issuance of a permit, a bond in the amount specified by the Page 4 of 7 Fire Prevention Office shall be furnished for the payment of any and ail damages which may be caused either To person or persons or to property as the result of any permitted display. $75.00 annual per stand $50.00 per job $50.00 annual $75.00 annual $125.00 Annual $125.00 annual 5125.00 annual Fireworks - Retail Sales to Public To sell, offer for sale, expose for sale, store awaiting sale, at any retail stand or business in the county, of any Virginia approved Class C fireworks. Insurance er bond required, in an amount specified by the Fire Prevention Office, but in no case shall the bond be less than five hundred thousand dollars ($500,000.00). Flammable and combustible Liquids F-3201 · 2 Removal, Repair, Modify, Alter and Abandon F-3201.2,1 Plus twenty-five dollars ($25.00) for each additional tank. To remove, repair, modify, alter or plus abandon any station- ary tank for the storage of flammable or combustible liquid or any line or dispensmng device connected thereto. Storage F-3201.2,3 To store, handle or use any flammable or combustible liquid in tanks or containers in excess of twenty-five (25) gallons (0.0189 m3) in a building and in excess of sixty (60) gallons outside of a building. Exceptions: This section shall no= apply to storage in connection with farming operations or to storage at a single-family dwelling unit or use for a private vehicle with a tank size less than five hundred (500) gallons in size. Nor shall it apply to fuel tanks of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant. Also it shall not apply to storage or usage of paints, oils, varnishes or similar mixtures when stored in connection with painting or maintenance operations for periods not exceeding thirty (30) days. To manufacture, process, blend or refine any flammable or combustible liquid. Flammable and Combustible Liquids F-3201.2,4 To manufacture, process, blend or refine any flammable or combustible liquid. Flammable Solids F-3301.2 For the storage, use and handling of more than one hundred twenty-five (125) (56.8 kg) of flammable solid. F-3401.2 Highly Toxic and Toxic Solids and Liquids To store, use or handle any highly toxic material in any quantity and any toxic material exceeding five hundred (500) pounds (227 kg) of solid or fifty (50) gallons (0.19 m3) of liquid. Irritants, Sensitizers and Health Hazards F-3501.2 For the storage, use or handling of irritants, sensitizers or other health hazard materials exceeding one thousand (1,000) pounds (454 kg) of solids, one hundred (100) gallons (0.38 m3) of liquids and any amount of gas. Aggregate quantity shall be such that the sum of the ratios of the actual quantity of each state of material divided by the allowable quantity of each state of material shall not exceed one (1). Page 5 of 7 S125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 $125.00 annual $125.00 annual Liquefied Petroleum Gas (LPG) F-3601o2 For the bulk storage of LPG in containers exceeding a water capacity of two thousand (2,000) gallons, used in conjunction with both wholesale and retail sales of LPG or used in conjunction with the fueling operations, both full service and self-service, of motor vehicles. Exceptions: Any LPG container used to fuel motor vehicles or other equipment in conjunction with farming operations installed on a private farm. Organic Peroxides F-3701.2 For the storage, use or handling of any quantity of unclassi- fied detonable, Classs 1 or Class 2 organic peroxides and more than twenty-five (25) pounds (I1.4 kg) of Class 3 organic peroxides. Liquid and Solid Oxidizers F-3801.2 For the storage, use or handling of any quantity of Class 3 and Class 4 oxidizers; more than fifty (50) pounds (23 kg) of Class 2 oxidizers; and more than 200 lbs (91 kg) of Class 1 oxidizers. Pesticide Storage F-3902.1.1 For the storage of any Class 1 er Class 2 pesticides in portable containers, stored both inside and outside, which are identified by the signal words: POISON, DANGER, DANGER or POISON printed on the label. Pyrophoric Materials F-4001.2 For the storage, use or handling of any amount of pyrophoric material. Radium mr other Radioactive Material P-4101.2 To store, handle or install more than one (1) microcurie of radium not contained in a sealed source or more than one (t) millicurie of radium or other radioactive material in a sealed source or sources, or any amount of radioactive material which requires a specific license from the U.S. Atomic Energy commission in accordance with nationally recognized good practice. Unstable (Reactive) Material F-4201.2 For storage, use or handling of any quantity of Class 3 or lass 4 unstable (reactive) materials; more than =en (10) pounds (4.5 kg) of Class 2 unstable (reactive) materials; more than twenty-five (25) pounds (11.4 kg) of Class 1 unstable (reactive) materials. Water-Reactive Material F-4301.2 For the storage, use or handling of any quantity of Class 3 water-reactive materials and one hundred (100) pounds (945 kg) of solids ~nd ten (10) gallons (0.038 m3) of liquids of Class 2 water-reactive materials. Page 6 of 7 $5.00 plus OTHER FIRE, RESCUE ~ INSPECTION-RELATED FEES Fire Incident/Investigative Reports One Dollar ($1.00) for each additional page after the first page for formal written requests for departmental reports and associated materials collected as a result of a fire or other activities for which personnel were required to complete a written report. Environmental Assessment/Underground Storage Requests 55.00 For all requests for information regarding assessment studies. $5.00 plus Tank Survey environmental Photographic Requests Fifty Cents ($0.50) for each photo requested to be sent. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of County Supervisors of Albemarle County, Virginia, by vote of 6/0 on January 8, 1997. C~e-rk, Boar~ of cou~nty Sup~isors Page 7 of 7 ENT G COUNTY OF ALBEMARLE .... EXECUTIVE SUMMARY AGENDA TITLE: Jefferson Area Commun~ Criminal Justice Board (CCJB) SUBJECT/PROPOSAL/REQUEST: Request approval of two board members to the CCJB STAFF CONTACT(S): Messrs. Tucker, White AGENDA DATE: January 8, 1997 ITEM NUMBER: ACTION: INFORMATION: CONSENTAGENDA: AC'lION: X INFORMATION: ATTACHMENTS: ~ REVIEWED BY: / BACKGROUND: In 1995, the County joined with eight other judsdic~ns to form the Jefferson Area Community Cdminal Corrections Board (CCJB) to undertake regional criminal justice planning and in securing pretrial services and community corrections options for the cdrrdnal justice system in our area. The board censists of 20 members, some who repreesnt specific cons§tuenctes such as judges, sheriff's departments, commonwealth attorneys, etc, as well as one representative from each of the ju~iclions. Currently, there are tw~ vacancies on the board, one from Greene County and one represenf~ng the designated education component on the Board. All members of the Board must be approved by all the localities, DISCUSSION: The CCJB has requested that Albemarle County approve the following nominees to till two vacancies on the Board: Robert P Dwcekin P.O. Box 417, Standardsville, VA 22973 Greene County W.T. Lewis 1562 Dairy Rd.. Charlottesville, VA 22903 Education _ -C !~ -'N: -'rION. Staff recommends approval of the above nominees. 9%002 COUNTY OF ALBEMA EXECUTIVE SUMMARY AGENDA TITLE: October 1996 Financial Report SUBJECT/PROPOSAL/REQUEST: October 1996 Financial Report for the General, School, and Capital Funds AGENDA DATE: January 8, 1997 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATFACHMENTS: Yes/ STAFF CONTACT,S): ~fl'"-'-------' Ms. White, Messrs. Tucker, Breeden, Walters I REVIEWED BY: ~ ~"V [ ? BACKGROUND: Attached is the October 31.1996 Monthly Financial Report for the General, School, and Capital Funds. General Fund revenues were projected last month based on 3 months actual data. The next revision is due in January based on revenues collected through December 1996. General Fund expenditures have not been revised at this time. School Revenues nave not been revised at this time. School expenditures were revised to reflect the 7.5% policy. RECOMMENDATION: Staff recommends acceptance of the October 1996 Financial Report. 97.001 I- A iii Z iii O. X iii n~ uJ 0 mini =-1 Z LU LU mm 0 LU 0 Z .-I ~z ~ w r'n -I COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Law Enforcement Block Grant Award SUBJECT/PROPOSAL/REQUEST: Public Hearing on Expenditure of Block Grant Funds STAFF CONTACT(S}: Messrs. Tucker, Huff, Chief Miller AGENDA DATE: December 11, 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: No , REVIEWED BY: /~'~/~t~ ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The Department of Justice has awarded Albemarle County $20,290 in federal funding with a required 10% local cash match of $2,255 I=or a total of $22,545 available funds for a public safety initiative. DISCUSSION: The purpose of the grant program is the reduction of crimes and improving public safety. The funding formula is based pdmadly on our part I Uniform Cdme Report offenses over a three year average. These grant funds may be used in the following areas: Law enforcement support for hiring, training and employing on a continuing basis new, additional law enforcement officers or support personnel. If new personnel are hired there must be a net gain over the unit of local government's current appropriated budget, in the number of law enforcement officers who perform non administrative public safety sen,ice. Paying overtime to presently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel. Establishing crime prevention programs involving the cooperation between community residents and law enforcement personnel to control, detect, or investigate crime or the prosecution of criminals · Procuring equipment, technology, and other material directly related to basic law enforcement functions. Staff has recommended using these grant funds for overtime to current officers concentrating in southern are of the county. The Esmont community is an area in the county that we have identified as having a number of order maintenance and crime issues that need to be addressed. The area is small enough that the impact of any additional police presence should be recognized by the citizens of the community and have an effect on crime and public safety in the area. In addition, the Scoffsville area would benefit from the increased presence of an officer Our concept is to utilize one officer on a part time basis to be assigned to the Esmont and Scottsville areas to provide a part time neighborhood police officer. The grant funding would be used to provide overtime coverage to re-staff for shortages causes by removing this officer from the patrol shift or investigations division. The neighborhood officer would be assigned to answer calls in the area, when on duty, and to conduct or assist with all follow up cases in the area. The officer would also be assigned to deal with any neighborhood problems and be AGENDA TITLE: Law Enforcement Block Grant Award December 11, 1996 Page 2 a liaison for the community with the police depar[ment. We also envision locating a neighborhoo¢ police station in the community and staffing it during some hours so citizens could come to a safe environment and speak with an officer about any concern they may have. Duties would include: Liaison with all TEAM area schools: churches; civic associations; semor groups; neighborhood watches: South Albemarle Organizations; and public safety committee chairperson (l'own of Scoffsville) Identify and meet all community leaders in TEAM area Random vehicle, bicycle and foot petrols in TEAM area, especially Scottsville. Concentrate on meeting people, even door to door visits with businesses and residents in area. Handle all follow-up investigations assigned in the TEAM area. GRANT APPLICATION PROCESS The following requirements must be met prior to expending any grant funds: At least one public hearing must be held regarding the proposed use of Block Grant funds prior to the obligation of any funds received. Steps should be taken by the unit of local government to encourage the fullest possible_participatio~ in the public hearing. Prior to the obligation of any funds received under the Block Grants Program, the unit of local government must establish or designate an advisery board thal includes the following representation: Local law enforcement Agency Local prosecutors office Local court system Local public school system Local nonprofit group (eg. Education, religious, or community) active in crime prevention or drug use prevention or treatment) This appointed board would give a non binding recommendation to the County Executive on the use of the funds and grant proposal. RECOMMENDATION: Staff recommends that a public hearing be advertised on the proposed neighborhood police officer inititive to be held on Januamj 8, 1997 to meet the grant requirement· EXTRACT FROM MINUTES Agenda Item No. 6. Public Hearing on a proposed neighborhood police officer initiative for use of a Law Enforcement Block Grant Award in the amount of $20,290 to be used for the reduction of crimes and improve~nt of public safety in Albemarle County. (Advertised in the Daily Progress on December 23 and December 30, 1996.) Mr~ Tucker summarized the staff's report which is set out in the minutes of December 11, 1996. The public hearing was opened. First to speak was Chief John Miller. He said this is an opportunity to have an extension of the community policing unit. This will be a model program where an officer will be assigned to the area no work closely with church and school leaders, and particularly in southern Albemarle County with the newly-formed Southern Albemarle Associa- tion. He feels the conanunity of Scottsville and the community around Yancey Elementary School are small enough so the unit can have a real impact. Also, because of the distance of these communities from the urban area, they have been neglected as far as policing is concerned. Mr. Marshall thanked Chief Miller from coming to these communities many times, and to Ms. Lee Catlin for Organizing the meetings. A group of organi- zations have formed themselves into the Southern Albemarle Association. A lot of people in the community need some help, and he believes this will give that help. Mrs. Berlinda Mills, President of the Southern Albemarle Association, said the community is greatly in need of policing. A variety of things have happened in past years, and she feels that wzth the grant it will help to serve some of the needs. There are youngsters in the community who are doing mischievous and vicious ~hings no the older people, especially in the summer months. With no one else from the public coming forward to speak, the public hearing was closed. Motion was offered by Mr. Marshall, seconded by Mrs. Thomas, no accept the grant. Roi1 was called, and the motion carried by the following recorded vone: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Mrs. Thomas. NAYS: None. Martin, Mr. Perkins and I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the minutes for Agenda Item No. 6 on the meeting of January 8, 1997, for the Board of County Supervisors of Albemarle County, Virginia. ~ To: LETTIE NEHER From: Ella Carey Subject: Fwd: Board Action Date: 2/3/97 Time: 3:02PM Originated by: HAMBRICS @ ACPD on 2/3/97 10:32AM Forwarded by: ECAREY @ ACVA on 2/3/97 3:02PM (CHANGED) CA=N YOU SEND HIM A BRIEF MEMO? Ella Washington-Carey, Clerk ecarey@mail.co.albemarle.va.us THANKS. ****~ORIGINAL MESSAGE FOLLOWS Ella Can you send me a copy of an documentation of the public hearing held by the BOS in Jan. re: the Law Enforcement Block Grant? Any smmple documentation would be fine. I just need something mo submit with grant report To show that a public hearing did take place, and the outcome. Call me at Thanks. Scott H> 4045 if you have any questions. EXECUTIVE SUMMARY 1~97/98 - FY01/02 Capital Improvement Program l~ublic Hearing SUBJECT/PROPOSAIdI~OIJEST: Public Hearing on the FY97/98- FY01/02 Proposed Capital Improvements Program Messrs. Tucker, White 6 ~illlo~ ~ to ~h~ Boar& The a~ s~mm~ mtormano~, wme~ ua~ ~ available to the public ill the Conm~J ~x~uti¥¢'s Office and will also be available at the public hearing. ~ Th~ proposed FY97/98- FY0 l~B2 Capital Improvements Program of $62.6 is broken down into the followi~ categories: The ~ proposed changes to the recommended 5-year Capital lmprovemants Program will be the edaifional fumis of $4. 25 millioxt ~ for lhe Ifftgh School, which Imve bee~a dt~et by proposed reduelions ht othex projects, Lc. I-Ienley addition (-$1 milliol~), PPd~ facility (-$2.5 million), BUrl~ TechilologY Lab (-$250,000) ~ a~ aglditionsl. $500,900 r~omme~d~ by th~ Board to be found within othex school division CIP project~ Tolal proj~ ecsts for the School Division over the 5-year CIP program should remain at $48.7 million, but specific projects and the/r costs may change basext on a ~ capital program being presented to the School Board on Monday, JanuaoJ 13. :- ~C- - -~ i N: No action is needed from the Board at this fimo. A revised school capital program willbe brought back ~o the Board for x~view And approval during budget work sessions in March. FY 97/98- 01/02 Recommended CIP Project Summary General Government, School Division & Stormwater Fund Projects Utilities 0,5% Parks & Rec. 3.5% Libraries 0.7% Hwys. & Transporzation 5.7% Public Safety 5.9% ' :i \, Contingency Reserve 0 Admin. & Courts 4.5% Stormwater 0.5% School Division 77.8% General Government CIP Fund School Division CIP Fund Stormwater Fund Total CIP Projects $13,553,260 $48,728,827 $330.000 $62,612,087 Capital Improvement Program FY 97/98 - 01/02 FY 97/98 - 01/02 Recommended CIP Revenue Summa~ - All CIP Funds General Government CIP Fund Revenues Total Revenues $13,533,260 CIP Fund Balance 4.2% Jail Expansion Fund Bal. 1.3% Borrowed Funds 10.7% General Fund Transfer 83,9% School Division CIP Fund Revenues Total Revenues $48,725,$27 VPSA Bonds 1t6.6% CIP Fund Balance 1.0% Interest &Proffcr Funds 1.1/% General Fund Transfer ?.8% Additional Split Billing 1.6% State Technology Funds 1.2% Stormwater Fund Revenues Total Kevenues $330,D00 Gen. Fund Transfer 100.0% Capital Improvement Program FY 97/98 - 01/02 General Government CIP Fund Expenditures Public Safety 27.4% Admin. & Courts 20.9% Reserve Funds 3.7~ Utilities 2.2% Hwys. & Trans. 26.4% Libraries 3.1% Parks & Rec. 16.3% FY 97/98 FY 98/99 FY 99/00 ~ FY 01/02 Total Admin. & Courts $440,000 $620,000 $845,000 $594,250 $335,000 $2,834,250 Public Safety $585,500 $1~816,830 $262,500 $450,000 $605,000 $3,719,830 Highways & Trans. $554,000 $645,500 $857,265 $859,455 $656,855 $3,573,075 Libraries $232,500 $113,000 $25;000 $15,000 $33,000 $418,500 Parks & Recreation $396,000 $363,485 $309,050 $426~110 $722,290 $2,210,935 Utility Improvements $0 $0 $100,000 $100,000 $100,000 $300,000 Contingency Reserve $0 ~ $0 $.Q $496.670 $496.670 Total: $2,208,000 $3,558,815 $2,398,815 $2,438,815 $2,948,815 $13,553,260 l 8 Capital Improvement Program FY 97/98 - 01/02 General GOvernment CIP Fund Revenues CIP Fund Balance 4.2% Jail Expansion Fund Bal. 1.3% Borrowed Funds 10.7% General Fund Transfer 83.9% 1*Y97/98 FY 98/99 FY 99/00 FY 00/01 FY 01/02 Borrowed Funds $0 $1,445,000 $0 $0 $0 Jail Expansion Fund Bal. $175,000 $0 $0 $0 $0 CIP Fund Balance $143,000 ~$125,000 $100,000 $100,000 $100,000 General Fund Transfer $1.890.000 $1.988.815 $2.298.815 $2.338.815 $2.848~815 Total: $2,208,000 $3,558,815 $2,398,815 $2,438,815 $2,948,815 Total $1,445,000 $175,000 $568,000 $11,365.260 $13,553,260 Capital Improvement Program FY 97/98 - 01/02 Summary of Administration Projects FY 1997/98 - 2001/02 CIP General Government Expenditures Admin & Courts 20.9% Public Safety 27.4% / Contingency 3.7% Utilities 2.2% Parks & Rec 16.3% Libraries 3.1% Hwys & Trans 26.4% Total Project Name Prqiect Cost Years County Computer Upgrade $1,120,000 FY 98-02 Drive-In Window Replacement & Canopy $18,000 FY 01 County Facility Improvements $420,000 FY 98-00 Old Crozet School Improvements $28C,000 FY 98-00 J&D Court Maintenance/Replacement Summary $246,250 FY 98-01 C.O.B. Maintenance/Replacement Summary $750.000 FY 98-02 Total Administration & Courts Projects $2,834,250 Page 28 29 30 31 32 33 Capital Improvement Program FY97/98- 01/02 27 Summary of Public Safety Projects FY 1997/98 - 2001/02 ClP General Government Expenditures Admin & Courts 20.g~ Public ~afety 27.4% Contingency 3.7% Utilities2.~% Parks & Rec 16,3% Hwya & Trans 26.4% Project Name Fire/Rescue Building & Equipment Fund Police NCIC 2000 Upgrade Police Radio Simulcast System/ECC Link Police LAN Upgrade Police Firing Range Study Public Safety Facility Study Transport Vehicle for Arrests Juvenile Detention Facility Total Public Safety Projects Total Pro}ect Cost . Years $1,607,500 FY 98-02 $15,000 FY 99 $202,330 FY 98-99 $165,000 FY 02 $40,000 FY 98 $30,000 FY O1 $40,000 FY 02 $1.620.000 FY 98-99 $3,719,830 Page 36 37 38 39 40 41 42 43 Capital Improvement Program FY 97/98 - 01/02 Summary of Highways& Transportation Prq[ects FY 1997/98 -2001/02 CIP General Government Expenditures Adrnin & Courts 20.9% Public Safety 27.4% Contingency 3,7% Utilities Parks & Reo 16.3% Libraries 3.1% Hwys & Trans 26.4% Project Name Revenue Sharing Road Program Seminole/Pepsi Place Connector Route 29 North Landscaping Ivy Road Bike Lanes & Streetlights Meadow Creek Bicycle/Pedestrian Path Greenbrier Drive Extended Sidewalk Greenbrier/Hydraulic Road Streetlights Route 250-Route 6t 6 Turn Lane Ivy Road Landscaping Airport Road Sidewalk Georgetown Road Sidewalk Sidewalk Construction Program Neighborhood Plan Implementation Program Total Highways & Transportation Projects Total Project Cost Years Page $2,500,000 FY 98-02 46 $27,900 FY 02 47 $4,000 FY 98 48 $277,000 FY 99-01 49 $20,000 FY 99 50 $27,500 FY 00 51 $19,250 FY 00-01 52 $100,000 FY 98-99 53 $199,000 FY 0I 54 $39,600 FY 013 55 $26,000 FY 02 56 $100,000 FY 01-02 57 $232.825 FY 98-02 58 $3,573,075 Capital Improvement Program FY 97/98 - 01/02 45 Summary of Library Projects FY 1997/98 - 2001/02 CIP General Government Expenditures Admin & Courts 20.9% Public Safety 27.4% Contingency 3.7% Utilities 2.2% Parks & Rec 16.3% Hwys & Trans 26.4% Libraries 3.1% Project Name Library Computer Upgrade Library Maintenance/Replacement Summary Total Library Projects Total Prqiect Cost Years $300,000 FY 95-99 $118.500 FY 98-02 $418,500 Page 6O 61 Capital Improvement Program FY 97/98 - 01/02 Summary of Parks & Recreation Projects FY 1997/98 - 2001/02 CIP General Government Expenditures Aclmin & Courts 20.9% Public Safety 27.4% Contingency 3.7% Utilities 2.2% Parks & Rec 16,3% 1% Hwys & Trans 26.4% Project Name Walnut Creek Park Improvements Scottsville Community Center Improvements Rivanna Greenway Access and Path Crozet Park Athletic Field Development Southern Albemarle Organization Park Development County Athtetie Field Study/Development PVCC Softball Field Light'mg School Athletic Field Irrigation Towe Lower Field Irrigation Mint Springs Concession Stand New High School Community Recreation Facilities Parks Maintenance/Replacement Summaw Total Parks & Recreation Projects Total Project Costs Years P~qgg $59,415 FY 00-01 64 $172,580 FY 99-02 65 $350,000 FY 98-02 66 $548,000 FY 98-02 67 $100,000 FY 98-99 68 $369,810 FY 98-02 69 $166,000 FY 02 70 $136.500 FY 02 71 $12,000 FY 02 72 $45,000 FY 02 73 $68.500 FY 99,01 74 $183.130 FY 98-02 75 $2,210,935 Capital Improvement Program FY 97/98 - 0]/02 63 Summary of Utility Improvement Projects ' FY 1997/98 - 2001/02 CIP General Government Expenditures ' Publ c Safety 27.4% Contingency 3. U tiiities 2.2% Parks & Rec 16.3% Libraries 3.1% Hwys & Trans 26.4% Project Name Keene Landfill Closure Total Parks & Recreation Projects Total Project Cost $300.000 $300,000 Years Page FY 00-02 78 Capital Improvement Program FY 97/98 - 01/02 ¸77 Summary of "Out Year" Projects The CIP Technical Committee recommends that several large, new General Government projects be moved to an undesignated "out year," beyond FY02. due to the unavailability of current revenue soumes to fund these projects within the FY 97/98 - 01/02 CIP. This recommendation reflects the Committee's goal of recommending a capital improvement plan balanced within available revenues, whil ensunng thru the Planning Commission and the Board of Supervisors am aware of the need for these projects beyond the current 5-ye plan. Should funding for any or all of these projects become available, the Technical Committee recommends that further research into the feasibility, scope and requirements of these projects be completed to obtain a:more accurate estimate of total project cost. The following projects have been recommended as "out year" projects: Project Name Multi-Agency Radio System (8-year Projeot Total) Police Firing Range (Construction) Public Safety Facility (Construction) Meadow Creek Parkway - Phase II Total "Out Year" Projects Requested Total Project Requested Cost Funding Years Page $11,991,550 FY 99-05 80 $1,200,000 FY 02 81 $4,600,000 FY 02 82 $4.190.000 FY 02 83 $21,981,550 Capital Improvement Program FY 97/98 - 01/02 79 Stormwater Fund Expenditures. County Master Drainage 54.5% Drainage/Erosion Correction 45.5% County Master Drainage Drainage/Erosion Correction Total Projects FY97~98 FY98-99 FY99-O0 FYO0-O1 FYOI-02 FY98-02 $60;000 $60,000 $0 $60,000 $0 $18~000 $50,000 $50,000 $0 $50.000 $0 $150,000 $110,000 $110,000 $0 $110,000 $0 $330,000 98 Capital Improvement Program FY 97/98 ~ 01/02 Requested School Diw'Sion CIP Projects (Full Project Descriptions Found in s~p'~tbate School Division CIP Document.) Cale Addition/Alterations CATEC Cosmetology Lab Renovation Crozet Kitchen/Serving Line High School Technology Education Labs Hollymead Gym/Restrooms Monticello High Addition PREP New Facility Western Albemarle Window Replacement Stony Point Parking and Playfiald Vehicular Maintenance Facility Reeonfiguration AHS Phase II & III Restorations Murray High Renovation New High School Administrative Technology (Schools) Instructional Technology (Schools) WAHS Building Renovations Henley Addition Technology Education Labs Red Hill Expansion Northern Area Elementary Stone Robinson Addition Walton Renovation 3'ouett Addition/Restrooms Maintenance/Replacement Projects Chiller Replacement (Maint/ReplacemenO Greer I-IVAC Renovations (Malnt/Replacement) Walton HVAC Renovations (Maint/Replacement) ADA Structural Chm~ges VMF Underground Storage Tank Replacement Northern Area Elementary School Recreation Total School Board Requested Projects Total Requested .Project Cost ~ p_~ag e * $761,000 FY 02 S 10 $38,234 FY02 SII $65,000 FY 02 S 12 $555,000 FY 98 S13 $805,500 FY 02 S 14 $330,000 FY 02 S 15 $2,497,715 FY 98,99 S 16 $30,000 FY 02 S 17 $193,000 FY 98 S18 $437,000 FY 98,99 S 19 $669,000 FY 98,99 S20 $934,000 FY 98,99 S21 $12,820,350 FY 98 S22 $280,000 FY 98-00,02 S23-24 $2,035,115 FY 98-00,02 S25-26 $1,429,700 FY 98, 99 S27 $2,818,000 FY 98,99 S28 $325,000 FY 98 S29 $3,934,000 FY 00,01 S30-31 $10,125,000 FY 98-00 S32 $2,664,000 FY 98-00 S33 $995,000 FY 00,01 S34 $808,500 FY 00,01 94,S35 $5,225,470 FY 98-02 S36-41 $668,200 FY 98,99 S42 $306,000 FY 98, 99 S43 $370,000 FY 98,99 S 44 $620,000 FY 98-00, 02 S45 $180,000 FY 98 S46 $71.500 FY 00 95 $52,991,284 * Page numbers preceded by an '~S" indicate a page from the School Division CIP Document, approved by the School Board 8/12/96. Capital Improvement Program FY 97/98 - 01/02 Recommended Changes to the School Division CIP No new debt should be incurred in FY98-01 due to projected operating budget shortfalls in those years. The county should continue to fund as many maintenance/replacement projects as it can out of current revenues, and bond only those projects projected to have a useful life of at least 20 years. The county should begin to fund computer/technology purchases with currem revenues, not borrowed funds. School Division CIP Fund SUmmat¢ .Proiects FY 97-98 FY 98-99 FY 99-00 FY 00-01 FY 01-02 TOTAL Available Revenues: ~/PSA Bonds ' State Technology Funds $575,000 $0 $0 $0 Interest Earned $100,000 $100,000 $100.000 $100,000 Proffer Funds $0 $0 $400,000 $0 31P Fund Balance $100,000 $100.000 $100,000 $100.000 ~dditJonal Split Billing $768,000 $0 $0 $0 Seneral Fund Transfer $~00,000 ~;650,000 $750.000 $900.000 Recomm. Available Revenues $8,734,793 $15,988,120 $6,176,680 $9,220,700 $7,634,793 $t8,031,t20 $7,026,680 $10,570,700 $3.165.534 $42,185,827 $0 $575,000 $100,000 $500.000 $0 $400,000 $100,000 $500,000 $0 $768,000 $1.000,000 $3.800.000 $4,365,534 $48,728,827' Technical Committee Recommended Expenditure Level: I Recomm. School Projects $18,031,120 $7,026,680 $'10,570,700 $8,734,793 $4,365,534 $48,728,827~ School Board Requested Projects: New High School Build~ng & Addition $12.820,350 $0 $0 $0 Northern Area Elementary $25,000 $1,365,000 $8.806,500 $0 $3,236,000 $6,650,415 $2,874,000 $5,062,500 School Technology projects $675.070 $614,480 $559,700 $0 $605.000 $120,000 $30,000 $0 $748.700 $1,833,200 $433,000 $1,729,835 rdiscellaneous Projects $294,000 $143,000 $0 $0 School Requested Projects $18,404,'120 $10,726,095 $12,703,200 $6,792,335 $330.000 $13,150,350 $0 $10.196.500 $1.699,734 $19,52z64g $465,865 $2,315,115 $45,000 $800,000 $1,824,935 $6,569,670 ~ $437.000 $4,365,534 $52,991,284 School CIP Fund: OVER/(SHORT) $0 $0 ACCUMULATED OVERJ(SHORT) $0 $0 ~REMAININGUNFUNDE~)PROJECTS $373,000 $3,699,4'15 $0 $0 $0 $0 $0 $0 $2,132,500 ($1,942,4581 S0 $4,262,457 Approved YPSA Bond Amounts from FY 1996/97 - 2000/01 CIP. 16 Capital Improvement Program FY 97/98- 01/02 Debt Service Fund Summary Projects/Revenues FY 97-98 FY 98-99 FY 99-00 FY 00-01 FY 01-02 TOTAL OUTYEAR~ Funding Summary - School Division Capital Improvement Fund Available Resources: ~/PSA Bonds ° 15,988,120 6,176,680 9,220.700 7,634,793 3,165,534 42,185,827 ~tate Technolegy Funds 575,000 0 0 0 0 875,000 nterest E~rned 100,000 100,000 100,000 100.000 100.00C 800,000 ~roffer Funds 0 0 400,000 0 0 400,000 3JP Fund Balance 100,000 100,000 100.000 100,000 100.000 500,000 Additional Split Billing Revenues · 768~000 0 0 0 0 768,000 General Fund Transfer to CIp 500,000 650.000 750 000 900,000 1,000,000 3,800,000 Subtotal Revenues 18,031,120 7,026,680 10,570,700 8,734,793 4,365,534 48,728,827 Recommended Project Level 18,031,120 7,026,680 10,570,700 8.734,793 4,365,534 48.728,827 Shortfall/Excess Revenue 0 0 0 0 0 Remaining Unfunded Projects 373,000 3,699,415 2,132,500 {1,942,458) (~ 4,262457 :unding Summary - Debt Service Fund Approved Debt Service Approp. 6.747,133 8,372,458 8,964.283 9,388 413 10,097.925 43,870,24~ Transfer from Gem Govt. CP 0 151,185 151,185 151,185 151,185 604,74¢ Subtotal Revenues 6,747,13~ 8,~ 9,t 1-~'~ 9,~ t0,249,110 44/174,981 Debt Service Expenditures; Ongoing Debt Service 6,747,133 8,372,488 8,964,283 9.388,413 10,097,925 43,570,24~ New Debt Service: Requested School Projects 0 0 0 0 0 Juvenile Detentlen Center 0 151,185 151,185 151,185 151.185 604 74~ Subtotal Debt Service 6,747,13~ 8,523,673 9,115,468 9,539,598 10,249,110 44,174,982 Shortfall/Excess Revenue 0 0 0 0 0 Jnfunded Requested Debt Svc. 0 44,760 487,386 727,353 472,633 1,732,131 · Aooroved VPSA bond amounts fromthe FY 1996/97 - 2000/01 CIP. Capital Improvement Program FY 97/98 - 01/02 Albemarle County Long-Term Debt VPSA Bond Schedule FY 95 FY.96 FY 97 FY 98 FY' 99 FY 00 FY 01 FY 02 Capital Improvement Program FY 97/98 - 01/02 COUNTY OF ALBEMARL ' EXECUTIVE SUMMARY AGENDA TITLE: FY 97/98 - FY 01/02 Capital Improvement Program SUBJECT/PROPOSAL/REQUEST: Worksession on the FY 97/98- FY 01/02 Recommended Capital Improvements Program AGENDA DATE: December 4, 1996 ACTION: CONSENT AGENDA: ACTION: ITEM NUMBER: INFORMATION: X INFORMATION: STAFF CONTACT(S): Messrs. Tucker, White BACKGROUND: _REVIEWED BY: y~I The recommendations from the CIP Technical Committee for the FY 1997/98 - FY 200t/02 Cap'ffal Improvement Program were distributed to the Board at the last meeting, as well as a copy of the School Board's proposed FY 97/98 - FY O1/02 Capital improvement Program. DISCUSSION: At the Board's worksession, staff will provide an overall summary of the recommended ClP and ~q~impact of the corresponding debt service on future operating budgets. County staff from the school division, parks' end recreation, engineering and planning will also be available to respond to specific project questions from the Board. RECOMMENDATION: No ac'don on the recommended Capital Improvement Program is required at this time. A public hearing on~p~oposed ClP is tentatively scheduled for January 8. 962.27 COUNTY OF ALBEMARLE Dept. of Planning & Community Developmem 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 TO: FROM: DATE: RE: Albemarle County Board of Supervisors David Benish, Chief of Community Development December 4, 1996 Planning Commission Recommendation, C.I.P. for FY 1997/98-2001/02 The Albemarle County Planning Commission, at its meeting on November 26, 1996, recommended approval (4:0) of the CIP Technical Committee recommendations with an additional recommendation. The Commission recommended that the Greenbrier Drive Pathway/Bikeway project be retained in the CIP if the Greenbrier Road Extension project in the Six year Secondary Road Plan is not constructed This recommendation regarding the Greenbrier Drive Pathway/Bikeway CIP project is based on the Commissioffs recommendation to delete the Greenbrier Drive Extension project as a future construction project in the County's Priority List of Secondary Road Improvements List By retaining the CIP project a walkway/bikeway could be constructed in the future along the alignment for the road extension. cc: Bob Tucker, County Executive i\g\sh\benish\cippc.mem COUNTY OF ALBEMARLE Depr, of Planning & Community Developmem 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 TO: FROM: DATE: RE: Albemarle County Board of Supervisors David Benish, Chief of Community Development December 4, 1996 Planning Commission Recommendation, C.I.P. for FY 1997/98-2001/02 The Albemarle County Planning Commission, at its meeting on November 26, 1996, recommended approval (4:0) of the CIP Technical Committee recommendations with an additional recommendation. The Commission recommended that the Greenbrier Drive Pathway/Bikeway project be retained in the CIP if the Greenbrier Road Extension project in the Six year Secondary Road Plan is not constructed. This recommendation regarding the Greenbrier Drive Pathway/Bikeway CIP project is based on the Commission's recommendation to delete the Greenbrier Drive Extension project as a future construction project in the County's Priority List of Secondary Road Improvements List. By retaining the CIP project a walkway/bikeway could be constructed in the future along the alignment for tbe road extension. cc: Bob Tucker, County Executive i\g\sh\benish\cippc.mem Charlc~t~ Y, Humphri~ C©UNTY OF ALBEMARLE Office of Board of Supervisom 401 Mclnfire Road Charlott~s'ville. Vn'flLnia 22902.-4596 (804) 296-5843 FAX (804-] 296-~800 Wal'~er E Perkin~ Sall~ H. Thomas TO WHOM IT MAY CONCERN FROM: Ella W. Carey, CMC, Clerk~O~ D~TE: January 15, 1997 SUBJECT: Ordinance adopted January 8, 1997 Attached is a copy of an ordinance adopted by the Board of - Supervisors on January 8, 1997: Ordinance No. 97-9(1), an ordinance to amend and reordain Chapter 9, Fire Protection, of the Code of the County of Albemarle, Virginia. The Board also adopted the attached Resolution setting up a Fee Schedule for the Fire Code. EWC:len Attachment (2) cc: Honorable James Camblos Larry Davis, Esq. Carl Pumphrey Municipal Code Corporation File Printed on re¢gcled paper ORDIN~ICE NO. 97-9(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, FIRE PROTECTION, COUNTY OF ALBEMARLE, VIRGINIA OF THE CODE OF THE BE IT O~DAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 9, Fire Protection, is hereby amended and reordained, as follows: By Adding New: Section 9-1 Section 9-2 Section 9-4.1 Section 9-4.2 Section 9-4.3 Section 9-21 Section 9-21.1 Sectien'9-2~.'2 Section 9-21.3 Section 9-22 Section~9-22.1 Section 9-23 Section 9-24 Section 9-25 Office o~ the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. General precautions to prevent spread of fire. Definitions. Local appeals. Permits required Title. Purpose. Adoption-of Virginia State Air .Pollut~enTM Control Board regulations. Definitions. Prohibitions on open burning. Exemptions. Permissible open burning. Permi=s. Penalties for violations. By Amending: Section 9-3 Section 9-4 Section 9-7 Throwing inflammatory objec=s from vehicles. Applicability of Statewide Fire Prevention Code. Fire lanes. By Repealing: Section 9-1 Section 9-2 Section 9-21 Section 9-22 Section 9-22.1 Section 9-23 Section 9-23.1 Section 9-23.2 Section 9-23.3 Section 9-24 Section 9-25 Section 9-26 Section 9-27 Burning of refuse, e=c., near buildings and fences. Duty to extinguish fires built in open; liability for forest fires. Precautions required to prevent spread of fire. Limitation on hours of burning between March 1 and May 15. Limitation of burning of leaves between October 1 and March 1. Liability for causing forest fire. Authority of county fire official. Petitions to ban burning in designated areas. Adoption of regulations of state air pollution control board. Violations; penalties. Construction of article. Leaf burning prohibited in certain areas. Open burning prohibited in certain area. 9-1. 9-2. 9-3. §9-4. ~9-4.1 §9-4.2 §9-4.3 Article I. In General Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. General precautions to prevent spread of fire. Damaging or 3eopardizing property of another by fire. Article II. Fire Prevention Code Adoption of Virginia statewide Fire Prevention Code. Definitions. Local appeals. Permits required §§ 9-5, 9-6. Repealed. 9-7. Fire lane~. 9-8. Fire protection systems. Article III. Fireworks 9-9. 9-10. 9-11. 9-12. 9-13. 9-14. 9-15. 9-16. 9-17. 9-18. 9-19. 9-20. Purpose of article. Manufacture, sale, discharge, etc., of cer=ain fireworks prohibited. Article not applicable to certain fireworks. Permits for public displays--Required. Same--Application. Same--Investigation; issuance or refusal. Same--Conditions. Same--Liability insurance or bond required. Same--Nontransferable. Disposal of unused fireworks after public display. Sale, discharge, etc., prohibited in certain locations. Seizure and destruction of certain fireworks. Article IV. Open Air Burning. 9-21. 9-21.1 9-21.2 9-21.3 9-22. 9-22.1. 9-23. 9-24. 9-25. ~§ 9-26, Title Purpose. Adoption of Virginia State Air Pollution Control Board Regulations. Definitions. Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violation. 9-27 .... Repealed. ARTICLE I. IN GENEP, AL Sec. 9-1. office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. (a) Pursuant to section 27-30 of the Code of Virginia the Office of the County Fire Marshal is hereby established. The board of supervisors shall appoint the fire marshal and such assistant fire marshals as the Board deems necessary, pursuant to section 27-36 of the Code of Virginia. (b) The fire marshal and his assist&nts shall, before entering upon their duties, take an oath, before any officer authorized to adrainister oaths, to faithfully discharge the duties of their offices. (c) The fire marshal and his assistants, in addition to such other duties as may be prescribed by law, shall be authorized to exercise all powers granted pursuant to Section 27-34.2:1 of the Code of Virginia. (d) While any fire department or fire company is in the process of answering an alarm or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion, or the uncontrolled release of hazardous materials which threaten life or property, or in other emergency situations, the fire marshal and his assistants, or other officer in charge of such fire department or company at that time, shall have the authority to: (1) (2) (3) Maintain order at such emergency incident or in its vicinity; Notwithstanding the provisions of section 46.2-890 of the Code of Virginia, keep bystanders or other persons at a safe distance from the incident and emergency equipment; Facilitate the speedy movement and operation of emergency equipment and fire fighters; 2 (4) Cause an investigation to be made into the origin and cause of the incident; and (5) Until the arrival cf a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. The fire marshal or other officer in charge shall display his fire fighter's badge or other proper means of identification. (e) Notwithstanding any other provision of law, the authority granted by this section shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of emergency equipmen~ at a fire station. (f) Any person refusing to obey the orders of the fire marshal or his assistants, or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. The fire marshal and his assistants, or other officer in charge, shall have the authority to make arrests for violation of the provisions of this section. (g) The authority granted under the provisions of this section may not be exercised ~o inhibit or obstruct members of law enforcement agencies or rescue squads from performing their normal duties when operating a~ such emergency incident. Personnel from the news media, when engaged in news-gathering activities, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the fire marshal or his assistants, or other officer in charge, interfere with the fire department or rescue workers dealing with such emergencies, in which case the fire marshal or his mssistants, or other officer in charge, may order such persons from the scene of the emergency incident. State law reference--Code of Va., ~ 27-15.1 Sec. 9-2. General precautions to prevent spread of fire. (a) It shall be unlawful for any owner or lessee of land ~o set fire to, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to land other than that owned or leased by him. It shall be unlawful for any employee, agent, representative or licensee of any such owner or lessee of land to set fire ~o or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he shall have taken similar precautions =o prevent the spread of such fire to any other land. (b) During the period beginning February 15 and ending April 30 of each year, even though the precautions required by section 9-2 have been taken, it shall be unlawful for any person to set fire to, or to procure another co set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within five hundred (500) feet of any woodland, brush land or field containing dry grass or other flammable material, excep= between the hours of 4:00 p.m. and 12:00 midnight. (c) The provisions of this section shall not apply to fires which may be se= within the corporate limits of any incorporated town, aor to fires se= on rights-of-way of railroad companies by their duly authorized employees. Va. Code Section 10.1-1142. (d) Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense. Sec. 9-3. Damaging or jeopardizing property of another by fire. It shall be unlawful and a Class 3 misdemeanor for any person uo intentionally or negligently set any woods or marshes on fire or set fire to any stubbler brush, straw or any other substance capable of spreading fire on lands, whereby the property 3 of another is damaged or put in jeopardy, and in addition to any penalty which may be imposed for violation of this section, such p~r~Sd ~hall b~ liable for the full amount of all expenses incurred in fighting the fire. State law reference--Code of Va., S 10.1-1142. AItTICLE Il. FI~ F~EVENTION CODE Sec. 9-4. Adoption of Virginia Statewide Fire Prevention Code. Pursuant to section 27-97 of the Code of Virginia, the Virginia Statewide Fire Prevention Code, in its current form and as amended in the future, is adopted by the County of Albemarle, except as otherwise modified or amended in this article, and the same is hereby incorporated fully byreference. This code shall be referred to in this chapter as the "fire prevention code." The fire official shall enforce the fire prevention code° Sec. 9-4.! Definitions~ The following words and =erms used in the fire prevention code shall have the definitions ascribed to them in this section: Fire official shall mean the fire marshal and/or his assistants. Jurisdiction shall mean the County of Albemarle, Virginia. Legal counsel of the jurisdiction shall mean the county attorney or an attorney appointed by the board of supervisors to represent the coun=y in legal matters. Sec. 9-4.2 Local appeals. Appeals concerning the application of the fire prevention code shall be governed as follows: (a) The Albemarle County Building Code and Appeals Board is hereby constituted as, and shall serve as the Albemarle County Fire Prevention Code Appeals Board. (b) The chairman and secretary of the Albemarle County building code and appeals board shall serve in that same capacity for the Albemarle County fire prevention appeals board. (c) The fire official shall provide clerical support to the Albemarle County building code and appeals board on matters pertaining =o the fire prevention code within personnel and budgeting limits. (d) Appeals to the fire prevention appeals board may be made by any person aggrieved by any decision or interpretation of the fire official made under the provisions of the fire prevention code. Sec. 9-4.3 Permits required. Permits shall be obtained, when required, from the fire official. Permits shall be available at all times on the premises designated in the permit for inspection of the fire official. Fees for such permits, for inspections and services shall be in such amounts as are from time to time established by resolution of the board of supervisors, and a fee schedule setting forth such fees will be maintained by the fire official. Such fee schedule shall also include fees to defray costs of enforcement and appeals concerning the fire prevention code. Secs. 9-5r 9-6. Repealed Dy ordinance adopted 4-13-88. Sec. 9-7. Fire lanes. (a) The fire official may require both public and private fire lanes, as deemed necessary for the efficiency and use of fire and rescue apparatus. Fire lanes shall have a minimum width of eighteen (18).feet.~r~No person shall stand or park a motor vehicle within any fire lane established and d~ignated in a parking lot or travel lane open to the public. (b) Designated fire lanes shall be free of obstructions, vehicles and marked in a manner prescribed by the fire official. (c) Ail designated fire lane signs or marking shall be maintained in a clear and legible condition at all times and replaced when necessary to ensure adequate visibility. (d) The county police and the fire official shall have concurrent jurisdiction to enforce the provisions of this section, and each shall have the authority to issue parking citations for any violation of this section. Parking citations shall be provided by the county. (e) Any police officer or the fire official who finds any vehicle in violation of this section shall also have the authority to remove such vehicle au the owner's risk and expense. This authority shall extend to any fire or rescue officer in charge of~afire o~ rescue operation who findsany such violation robe, interfering with such emergency operations. (f) Violation of this section shall be punishable by a twenty-five dollar ($25.00) fine. The contest of such fine by any person shall be governed by the provisions of section 12-8.2 of this Code. Sec. 9-8. Fire protection systems. (a) Any person or persons engaged in selling, servicing, testing, leasing, installing, inspecting, altering, modifying, repairing or removing any portable or fixed fire protection, suppression or detection equipment and systems in the county shall be registered with and operated from a permit issued by the fire official. (b) Each registrant will provide the fire official with proof of adequate general liability insurance, including product or completed operations liability insurance, which will protect the public (both from property damage and personal injury] from negligence of their personnel performing the aforementioned activities considering the nature and extent of the registra~t's proposed activities~ (c) Any person or persons engaged in the aforementioned activities shall demonstrate proof of qualification, in a manner prescribed by the fire official. (d) Ail servicing, inspection, testing, installing, altering, modifying, repairing, or removing of such equipment and system, s, shall be done in accordance with the practices, standards, codes and requirements of the National Fire Protection Association, the Statewide Fire Prevention Code and Virginia Uniform Statewide Building Code and the orders of the fire official. (e) Failure to comply with this section shall be cause for revocation of the permit and shall be a violation of ~he Statewide Fire Prevention Code. (3-20-75; 4-13-88) A~TICLE III. FIP~EWORKS For state law as to fireworks generally, see Code of Va., ~ 59.1-142 to 59.1- 148. Sec. 9-9. Purpose of article. The purpose of this article is to provide administrative procedures for the regulation of the use and sale of fireworks. Sec. 9-10. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Except as otherwise provided in this article, it shall be unlawful for any person =o transport, manufacture, store, sell, offer for sale, expose for sale, buy, use, ignite or explode any firecracker, torpedo, skyrocket or other substance or thing, of wha=ever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly known, as fireworks, and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than sparks, and other than those fireworks excepted under the provisions of section 9-11. (Code 1967, S 10-4; 4-13-88) For state law basis of this section, see Code of Va., ~ 59.1-142. Sec. 9-11. Article not applicable to certain fireworks. The provisions of this article shall not apply to sparklers, fountains, Pharaoh's serpen=s, caps for pistols or pinwheels, commonly know~ as whirligigs or spinning jennies, when used or ~xploded on private proper=y with the consent of the owner of such propert~;~norshall the provisions of this article apply to the use of fireworks by any railroad company for signal purposes or illumination; nor shall the provisions of this article apply to the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. (Code 1967, ~ 10-5) For state, law basis of this section, see Code of Va., Sec. 9-12. Permits for public displays--Required. 59.1-146, 59.1-147. Notwithstanding the other provisions of this article, public displays of fireworks may be given by fair associations, amusement parks or by any organization or group of individuals in accordance with a perrait from the fire official. It shall be unlawful for any person to hold, present or give any such public display of fireworks without first having obtained such a permit from the fire official. (Code 1967, § 10-6; 4-13-88) For state law as to authority of county to adopt this section, see Code of Va., 59.1-144. Sec. 9-13. Same--Application. Any person desiring a permit required by section 9-12 shall make application therefor to the fire official at least thirty (30) days prior to the date of such fireworks display. Such application shall be on forms provided by the fire official. The applicant shall furnish such information as may be required by the fire official. (Code 1967, ~ 10-7; 4-13-88) Sec. 9-14. Same--Investigation; issuance or refusal. Upon filing of an application for a permit required by section 9-12, the fire official shall make an investigation to determine whether the applicant is properly qualified to present a public fireworks display and whether such display can be held without danger to property or person. If the fire official is satisfied with the results of such investigation, he shall issue the permit. If he is not satisfied with the results of such investigation, he shall refuse to issue such permit. (Code 1967, ~ 10-8; 4-13-88) Sec. 9-15. Same--Conditions. The fire official may specify, in any permit issued pursuant to section 9-12, any conditions which he shall deem necessary to pro=eot persona and property. Such conditions may include, but shall not be limited =o, the =ype of fireworks to be used in such display, the hours when such display may be presented, required fire extinguishing equipmen=, the presence of trained firemen and policemen and any other requirement that the fire official may deem necessary. (Code 1967, § 10-9: 4-13-88) 6 Sec. 9-16. Same--Liability insurance or bond required. Each permittee under this article shall file with the fire official and a licensed insurance company evidence of a policy of liability insurance or a bond in an amount deemed adequate by the fire official and licensed insurance company for the payment of all damages which may be caused either to persons or to proper=y by reason of the permitted display and arising from any acts of the permittee or his agents, employees or subcontractors. (Code 1967, ~ 10-10; 4-13-88) Sec. 9-17. Same--Nontransferable. No permit issued pursuant to section 9-12 shall be transferable. (Code 1967, ~ 10-11) Sec. 9-18, Disposal of unused fireworks after public display. Any fireworks remaining unfired at the end of any public display shall immediately disposed of in a way safe for that particular type of fireworks. (Code 1967, ~ 10-12) Sec. 9-19'. Sale, discharge, etc., prohibited in certain locations. be It shall be unlawful for any person, firm, corporation, organization or group to sell, offer for sale, s=ore, display, manufacture, possess or discharge any fireworks within one hundred (100) feet of any gasoline pump, propane distribution tank, or other inflammable liquid distribution pump or apparatus, excep= in a fully enclosed building where fireworks are permitted for such sale or use. Fully enclosed building shall not be construed =o include any outdoor stands or other similar structures that have been set up to sell, offer for sale, store or display any fireworks. (Code 1967, ~ 10-13; Ord. No. 95-9(1)) sec. 9-20. Seizure and destruction of certain fireworks. Any law enforcement officer arresting any person for the violation of any provision of this article shall seize any article mentioned in section 9-10 which is in the possession of or under the control of the person so arrested, and shall hold the same until final disposition of any criminal proceedings against such person, If a judgment of conviction is entered against such persons, the court shall, in addition to any other penalty imposed, order destruction of such articles upon expiration of the time allowed for appeal of such judgment of conviction. (Code 1967, ~ 10-14) For state law basis of this section, see Code of Va., ~ 59.1-143. ARTICLE IV. OPEN AIR BURNIN~ Sec. 9-21. Title. This article shall be known as the Albemarle County ordinance for the regulation of open burning. Sec. 9-21.1. Purpose. The purpose of this article is to protect public health, safety~ and welfare by regulating open burning within Albemarle County ~o achieve and maintain, to the greatest extent practicable, s level of air quality that will provide comfort and convenience while promoting economic and social development. Sec. 9-21.2 Adoption of Virginia State Air Pollution Control Board Regulations. The Commonwealth of Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution, Part IV, Emissions Standards for Open Burning (Rule 4-40), in curren= form and as amended in the future, are hereby adopted and incorporated by reference; provided~ however, any county regulation specified in this article more restrictive than such s~e regulations shall apply and take precedence over the state regulations. Any permits required by such state regulations may be issued by the county, if authorized by the state agency otherwise responsible. Sec. 9-21.3. Definitions. For the purpose of this article and subsequent amendments or any orders issued by Albemarle County, the following words or phrases shall have the meaning given them in this section. Automobile graveyard means any lot or place which is exposed no 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 =o make operative, are placed, located or found. Clean burning waste means waste which does not produce dense emoke when burned and is not prohibited to be burned under this ordinance. 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 materiale. Paints, coatings, solvents, asbestos, any liquid, compressed gases or 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. Debriswaste means stumps, wood, brush and leaves from land clearing operations. 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. Garbage means rotting animal and vegetable matter accumulated by a household in the course of ordinary day =o day living. Hazardous waste means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Household refuse means waste material and trash normally accumulated by a household in the course of ordinary day to day living. 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. 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 include garbage dumps and sanitary fills. Landfill means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See Virginia Solid Waste Management Regu- lations (VR 672-20-10) for further definitions of these terms. Local landfill means any landfill located within the jurisdiction of a local government. open burning means the burning of any m~ter in such a manner that the products resulting from combustion are emitted diree~l~ into the atmosphere without passing through a stack, duct or chimney. 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. Refuse means trash, rubbish, garbage and other forms of solid or liquid waste, including, but no~ limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. Salvage operation means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not ~imited~to, reprocessing of used motor oils, metals, chemicals., shipp/lng~conta~ners or drums, andspecifically including automobile graveyards and junkyards. Sanitary landfill means an engineered 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 also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small qua~tity generators, and nonhazardous industrial solid waste. See Virginia Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. Smoke means small gas-borne particulate matter consisting mostly, but non exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. Special incineratio~ device means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good corabustion performance. Sec. 9-22. Prohibitions on open burning. (a) a special ordinance. NO owner or other person shall cause or permit open burning or the use of incineration device for disposal of refuse except as provided in this (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 tire 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 or 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 section 10.1-1142 of the Forest Fire Law of Uirginia, the regulations of the Virginia Waste Managemen~ 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 stage of an air pollution episode as described in Part VII of the Regulations for the Control and Abatement of Air Pollution or 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 devics~ and any in-process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. Sec. ~-22.~. 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 underthe supervision of the designated official and industrialin-house fire fighting-persDnnel; (b) Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasioned, for~outdoor noncommerc~ial preparation of food 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. 9-23. 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 proper~y, provided that the following conditions are met: 1. The burning takes place on the premises of the private property; and The location of the burning is not less than three hundred (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. (b} Open burning is permitted for the disposal of household refuse by homeowners or tenants, provided that the following conditions are met: The burning takes place on the premises of the dwelling; Animal carcasses or animal wastes are not burned; 3. Garbage ze not burned; The location of the burning is not less than three hundred (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 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 oommunication lines, buildings or 10 building areas, sanitary landfills, or from other clearing operations which may be approved by the fire official, provided the following conditions are met: i. 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 official; 2. The material to be burned shall consist of brush, s=umps and similar debris waste and shall not include demolition material; The burning shall be at least five hundred (500) feet from an occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; The burning shall be conducted at the greatest distance practicable from highways and air fields; The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke -being produced; The burning shall not be allowed =o smolder beyond the minimum period of time.necessary for the destruction of the materials; and 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 tothe presence of methane gas provided that the following conditions are The burning shall take place on the premises of a local sanitary landfill which meets the provlslons of the regulations of the Virginia Waste Management Board; 2. The burning shall be attended at all times; The material to be burned shall consist only of brush, =ree trimmings, yard and garden trimmings, clean burning construction waste, clean burning debris wasneor clean burning demolition waste; All reasonable effort shall be made to minimize the amount of material that is burned; and No materials may be burned in violation of the regulations of the Virginia Waste Management Board or 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 official~ no other site shall be used without the approval of these officials. The fire official shall be notified of the days during which the burning will occur. (e) Section 9-23(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. 9-2~. Permits. (a) When open burning of debris waste (section 9-23(c)) or open burning of debris on the site of a local landfill (section 9-23(d)) is to occur within Albemarle County, the person responsible for the burning shall obtain a permit from the fire official prior to the burning, such a permit may be granted only after confirmation by the fire official 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 net 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 d~emed appropriate by the fire official. (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 official; such permits to be granted only after confirmation by the fire official that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution of the state Air Pollution Control and that any conditions are met which are deemed necessary by the fire official 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, saw logs and firewood; 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; The burning shall be at least three hundred (300) feet from any occupied building unless the Occupants have given prior,permission, other.~han 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 official determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased; 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; The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area; 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; and Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the fire official. (c) An application for a permit under section 9-24(a) or section 9-24(b) shall be accompanied by a processing fee as set forth in the fee schedule maintained by the fire official, as may be amended from time to time. Sec. 9-25. 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. (c) The fire official shall enforce the terms and conditions of this ordinance. Seca. 9-26, 9-27. Repealed by ordinance adopted January 8, 1997. I, Ella W. carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meetingwheld on January 8, 1997. C d o ervisors 12 RESOLUTION WHEPuEAS, the Board of County Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia Statewide Fire Prevention Code as set ferth in Section 9-4 of the Code of Albemarle; and WHEREAS, the Board of County Supervisors is authorized by Virginia Code Section 27-98 to establish such procedures or requirements as may be necessary for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and WHEREAS, the Board of County Supervisors is authorized by Virginia Code Section 27-98 to levy fees in order to defray the cost of such administration, enforcement and appeals. NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby adopts the following fee schedule, which shall be administered by the County FireOfficial and his authorized assistants. FEE SCHEDULE FEE SECTION $125.00 Olden Burning per job S50.00 per use S50.00 per job $50.00 annual FIRE CODE REFERENCE F-403.4 For the burning of land clearing debris three (3) inches in diameter in size or greater such as, brush, stumps, and other clean wood, to be burned at the site at which it was generat- ed. Permits are to be issued to the contractor performing the work and shall include the name of the contractor, the contractor's agent who will be responsible for the operation, a day time, night time and an emergency phone number. The permit shall be issued for a specific location at the job site and may be moved at the direction of the Fire Prevention Office only. The duration of the permit shall nog exceed sixty (60) days. Bonfires F-403.8.2 Issued to the owner of the land upon which the bonfire is to be kindled. Fire is utilized for ceremonial purposes only. Size 5' X 5' X 5'. Duration three (3) hours. Permit to be valid for the date or dates specified only. Torches for Removing Paint F-404.2 A permit to use a torch or other flame-producing device no remove paint from any building or structure in the County by any contractor shall be secured from the Fire Prevention Office prior to the operation taking place. The duration of the permit shall be thirty (30) days and shall require the Fire Prevention Office to be notified by the contractor on each day a torch is to be used at the site. Airports, Heliports and Belistops F-801.2 For the operation of any public airport, heliport, helistop or aircraft hanger within the county. Page 1 of 7 $50.00 per job $50°00 annual S50.00 annual $50.00 annual $50.00 annual $50.00 per job $125.00 annual $50.00 annual $50.O0 per job $50.00 annual Refinishing of Fins or Lanes atBowling Establishments F-901.2 For the application of any flammable liquid or material involved in the refinishing of bowling pins or the resurfacing of the bowling lanes at any bowling establishments within the county. Crop-Ripening and Coloring Processes F-1001.2 For equipment and operations for the process of coloring or ripening crops in any tightly closed room including those processes where ethylene gas may be introduced into the room to assist in these processes, within the county. Dr~ Cleaning Plants F-1101.2 For the equipment, processes and operation of dry cleaning plants within the counny. The permit shall prescribe the type of system to be used. Dust Explosion Hazards F-1201.2 For ~he. op~mation of an~. grain bleacher er elevatom; f!our., starch or feed mill; malt house; wood flour manufacturing plant; or any plant that pulverizes aluminum, coal, cocoa, magnesium, sp~ces, sugar or other material that produces dust. Flammable Spray and Dipping Operations F-1301.2 For the application of any flammable or combustible finish by spraying or dipping that applies more then one (1) gallon of finish in one (1) working day, within the county. Fumigation and Thermal Insecticidal Fogging F-1401.2 For any fumigation or thermal insecticidal fogging within any building in the coun=y. Hazardous Production Materials Facilities F-1501.2 For the storage, handling, and usage ofhazardous production materials within any building in the County. Lumber Yards and Woodworking Plants F-1601.2 For the storage, operations of lumber yards, and woodworking plants in which more than one hundred thousand (100,000) board feet (236 m3) of lumber is stored or used. Tents and Air-Supported Structures F-2001.2 For the use of a tent or air-supported structure in excess of nine hundred (900) square feet (84 m2) and used for the gathering of more than fifty (50) people in the county. A permit not to exceed one hundred eighty (180) days shall be issued. Vehicle-Wrecking Yard, Junk Yards and Waste Material-Handling Plants F-2102.1 To conduot or maintain equipment, processes and operations of vehicle-wrecking yards, junk yards and waste material-handling plants within the county. Page 2 of 7 ~50.00 annual $75.00 annual $75.00 annual $75.00 $75.00 annual $125.00 annual $75.00 annual $75.00 annual Material Storage F-2103.1 Required for storage located in any structure or on any premises of more than two thousand five hundred (2500) cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials. Welding or Cutting, Calcium Carbide and Acetylene ~enerators F-2201.2 For those companies, copartnership's, corporations or owner- operators who weld or cut with gas, electric arc or flammable liquid or any combination thereof, outside of areas approved for this purpose. This shall not be construed as requiring a permit for each welding or cutting job location, but does require those who possess the permit to notify the Fire Prevention Office in advance of where such work is to take place. Exception= In the case of an emergency call which does not allow time for notification. Gas Welding and Cutting Operations Cylinder or Container Storage F-2205.2 To store-cylinder or containers used in~ conjunction with welding or cutting operations when more than two thousand (2,000) cubic feet (56 m3) of flammable compressed gas other than liquefied petroleum gas, three hundred (300) pounds (136.20 kg) of liquefied petroleum gas, or six thousand (6,000} cubic feet (168 m3} of nonflammable compressed gas within the county. Calcium Carbide Systems F-2207.t For the storage or possession of calcium carbide in excess of two hundred (200) pounds (91 kg). Acetylene Generators F-2208.1 For the operation of an acetylene generator having a carbide capacity exceeding five (5) pounds (2.27 kg). Hazardous Materlals and Chemicals F~2301.2 For the storage, usage, handling, or dispensing of hazardous materials and chemicals as indicated in Chapters 24 through 43 of the Statewide Fire Prevention Code. The required permitted quantities shall be as indicated in the referenced Chapters. Aerosol Products F-2401.2 To store and sell for retail display of any level 2 and 3 aerosol product exceeding a ne= weight of five hundred (500) pounds (227 kg). Cellulose Nitrate (Pyroxylin) Plastics F-2501.2 For all retailers, jobbers and wholesalers storing or handling more than twenty-five (25) pounds (11.35 kg) of product; for storage, handling and processing operations involving cellu- lose nitrate film in excess of twenty-five (25) pounds (11.35 kg). Page 3 of 7 $75.00 annual $125.00 annual $195.00 annual $125.00 annual 5250.00 annual $150.00 $100.00 per job S250.00 annual $50.00 plus per job Combustible Fibers F-2601.2 To store or handle combustible fibers in amounts in excess of one hundred (100) cubic feet (2.80 m3). F-2701.2 To store, handle or use at normal temperature and pressure more than seven hundred fifty (750) cubic feet (21 m3) of flammable compressed gas, or six thousand (6,000) cubic feet (t68 m3) of nonflammable compressed gas, and any quantity of highly toxic or toxic compressed gas. Corrosives F-2801.2 For storage and use of any corrosive materials exceeding one thousand (1,000) pounds (454 kg) of solids, one hundred Ten (110) gallons (0.42 m3) of liquids or eight hundred ten (810) cubic.feet (23 m3) of gases. Cryogenic Liquid F--2901.2 To produce, store or sell any cryogenic liquid; or store a nonflammable, nontoxic cryogenic liquid in quantities~greater than five hundred (500) gallons (1.89 m3); or store or use more than ten (10) gallons (0.0379 m3) of liquid oxygen, flammable cryogenio liquids or cryogenic oxidizers. Explosives, ammunition and Blastinq Aqents F-3001.2 Manufacture, Sell or Operate a Terminal To manufacture, sell (wholesale or retail), or operate a terminal which handles explosives or blasting agents. Store, Possess, or Otherwise Dispose of Explosives or BlastingAgents To store, possess or otherwise dispose of explosives in connection with operations involving blasting. This will include, but not be limited to, company yards or storage sites at job locations within the county. Use of Explosives or Blasting Agents To useexplosives or blasting agents at any project site. The permit shall specify at each location the type and extent of blasting to be performed. Duration shall not exceed thirty (30) days from date of issue. Fireworks F-3101.2 Fireworks - Wholesale To sell Class C Fireworks to stands or businesses within the county. Bond or insurance required in an amount specified by the Fire Prevention Office, but in no case shall it be less than one million dollars [$1,000.000.00). Fireworks - Public or Private Displays Twenty-five dollars ($25.00) for each additional date or location one wishes to display or discharge fireworks for ceremonial, sports, fairs or amusement purposes. Before issuance of a permit, a bond in the amount specified by the Page 4 of 7 Fire Prevention Office shall be furnished for the payment of any and all damages whi~ ~ay be caused either to person or persons or to property as the result of any permitted display. $75.00 annual per stand $50.00 per job $50.00 annual $75.00 annual $125.00 Annual $125.00 annual $125.00 annual Fireworks - Retail Sales to Public To sell, offer for sale, expose for sale, store awaiting sale, at any retail stand or business in the county, of any Virginia approved Class C fireworks. Insurance or bond required, in an amoun= specified by the Fire Prevention Office, but in no case shall the bond be less than five hundred thousand dollars ($500,000.00). Flammable and Combustible Liquids F-3201.2 Removal, Repair, Modify, Alter and Abandon F-3201.2,1 Plus twenty-five dollars ~$25.00) for'.each additional.tank. To remove, repair, modify, alter or plus abandon any station- ary tank for the storage of flammable or combustible liquid or any line or dispensing device connected thereto. Storage ~ N F-3201.2,3 To store, handle or use any flammable or combustible liquid in tanks or containers in excess of twenty-five (25) gallons (0.0189 m3) in a building and in excess of sixty (60) gallons outside of a building. Exceptions: This section shall'not apply to storage in connection with farming operations or to storage at a single-family dwelling unit or use for a private vehicle with a tank size less than five hundred (500) galions in size. Nor shall it apply to fuel tanks of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant. Also it shall sot apply to storage or usage of paints, oils, varnishes or similar mixtures when stored in connection with painting or maintenance operations for periods not exceeding thirty (30) days. To manufacture, process, blend or refine any flammable or combustible liquid. Flammable and Combustible Liquids F-3201.2,4 TO manufacture, process, blend or refine any flammable or combustible liquid. Flammable Solids F-3301.2 For the storage, use and handling of more than one hundred twenty-five (125) (56.8 kg) of flammable solid. Highly Toxic and Toxic Solids and Liquids F-3401.2 To store, use or handle any highly toxic material in any quantity and any toxic material exceeding five hundred (500) pounds (227 kg) of solid or fifty (50) gallons (0.19 m3) of liquid. Irritants, Sensitizers and Health Hasards F-3501.2 For the s=orage, use or handling of irritants, sensitizers or other health hazard materials exceeding one thousand (1,000) pounds (454 kg) of solids, one hundred (100} gallons (0.38 m3) of liquids and any amount of gas. Aggregate quantity shall be such that the sum of the ratios of the actual quantity of each state of material divided by the allowable quantity of each state of material shall not exceed one (1). Page 5 of 7 $125.00 annual $125.00 annual $125.00 annual S125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual Liquefied Petroleum Gas (LPG) F-3601.2 For the bulk storage of LPG in containers exceeding a water capacity of two thousand (2,000) gallons, used in con3unction with both wholesale and retail sales of LPG or used in conjunction with the fueling operations, both full service and self-service, of motor vehicles. Exceptions: Any LPG container used to fuel motor vehicles or other equipment in conjunction with farming operations installed on a private farm. Organic Peroxides F-3701.2 For the storage, use or handling of any quantity of unclassi- fied detonable, Classs I or Class 2 organic peroxides and more than twenty-five (25) pounds (11.4 kg) of Class 3 organic peroxides. Liquid and solid Oxidizers F-3801.2 For the storage, use or handling of any quantity of Class 3 and Class 4 oxidizers; more than fifty (50) pounds (23 kg) of Class 2 oxidizers; and more than 200 lbs (91 kg) of Class 1 oxidizers. Pesticide Storage F-3902.1.1 For the storage of any Class I or Class 2 pesticides in portable containers, stored both inside and outside, which are identified by the signal words: POISON, DANGER, DANGER or POISON printed on the label. Pyrophoric Materials F-4001.2 For the storage, use or handling of any amount of pyrophoric material. Radium or other Radioactive Materlal F-4101.2 To store, handle or install more than one (1) microcurie of radium not contained in a sealed source or more than one (1) millicurie of radium or other radioactive material in a sealed source or sources, or any amount of radioactive material which requires a specific license from the U.S. Atomic Energy Commission in accordance with nationally recognized good practice. Unstable (Reactive) Material F-4201.2 For storage, use or handling of any quantity of Class 3 or lass 4 unstable (reactive) materials; more than ten (10) pounds (4.5 kg) of Class 2 unstable (reactive) materials; more than twenty-five (25) pounds (11.4 kg) of Class 1 unstable (reactive) materials. Water-Reactive Material F-4301.2 For the storage, use or handling of any quantity of Class 3 water-reactive materials and one hundred (100) pounds (945 kg) of solids and ten (10) gallons (0.038 m3) of liquids of Class 2 water-reactive materials. Page 6 of 7 $5.00 plus S5.00 $5.00 plus OT~I~R FIRE, RESCUE AND INSPECTION-~n~TED FEES Fire Incident/Investigative RepOrts One Dollar ($1.00) for each additional page after the first page for formal written requests for departmental reports and associated materials collected as a result of a fire or other activities for which personnel were required to complete a written report. Environmental Assessment/Underground Storage Tank survey Requests For all requests for information regarding environmental assessment studies. Photographic Requests Fifty ~ents ($0.50) for each photo requested to be sent. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of County Supervisors of Albemarle County, Virginia, by vote of 6/0 on January 8, 1997. Page 7 of 7 Charlotte Y. Humphr~ Forrest R. Marshall, COUNTY OF ALBEMARLE Office of Board of Supemiso~ 401 McIntim Ro~d Charlottesville, V'a'ginia 22902-4596 (804) 296-5843 FAX (8041 296-5800 Charles $. Martin Walter E Perkins S,~lt~ H. Thomas TO WHOM IT M~Y CONCERN FROM: Ella W. Carey, CMC, Clerk~ DATE: January 15, 1997 SUBJECT: Ordinance adopted January 8, 1997 Attached is a copy of an ordinance adopted by the Board of Supervisors on January 8, 1997: Ordinance No. 97-9(1), an ordinance to amend and reordain Chapter 9, Fire Protection, of the Code of the County of Albemarle, Virginia. The Board also adopted the attached Resolution setting up a Fee Schedule for the Fire Code. EWC:len Attachment (2) CC: Honorable James Ca~kblos Larry Davis, Esq. Carl Pumphrey Municipal Code Corporation File PHnted on recycled paper ORDINANCE NO. 97-9 (1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, FIRE PROTECTION, COUNTY OF ALBEMAi~LE, VIRGINIA OF THE CODE OF THE BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 9, Fire Protection, is hereby amended and reordained, as follows: By Adding New: Section 9-1 Section 9-2 Section 9-4.1 Section 9-4.2 Section 9-4.3 Section 9-21 Section 9-21.1 Section 9-21.2 Section 9-21.3 Section 9-22 Section 9-22.1 Section 9-23 Section 9-24 Section 9-25 Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. General precautions to prevent spread of fire. Definitions. Local appeals. Permits required Title. Purpose. Adoption of Virginia State Air Pollution Control Board regulations. Definitions. Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violations. By Amending: Section Section Section 9-3 9-4 9-7 Throwing inflammatory objects from vehicles. Applicability of Statewide Fire Prevention Code. Fire lanes. By Repealing: Section Sestion Section Section Section Section Section Section Section Section Section Section Section 9-1 9-2 9-21 9-22 9-22.1 9-23 9-23.1 9-23.2 9-23.3 9-24 9-25 9-26 9-27 Burning of refuse, etc., near buildings and fences. Duty =o extinguish fires built in open; liability for forest fires. Precautions required to prevent spread of fire. Limitation on hours of burning between March t and May 15. Limitation of burning of leaves between October 1 and March 1. Liability for causing forest fire. Authority of county fire official. Petitions to ban burning in designated areas. Adoption of regulations of state air pollution control board. Violations; penalties. Construction of article. Leaf burning prohibited in certain areas. Open burning prohibited in certain area. 9-1. 9-2. 9-3. ~9-4. §9-4.1 §9-4.2 §9-4.3 Article I. In ~eneral Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. General precautions to prevent spread of fire. Damaging or 3eopardizing property of another by fire. Article II. Fire Prevention Code Adoption ef Virginia Statewide Fire Prevention Code. Definitions. Local appeals. Permits required ~§ 9-5, 9-6. Repealed. 9-7. Fire lanes. 9-8. Fire protection systems. Article III. Fireworks 9-9. 9-10. 9-11. 9-12. 9-13. 9-14. 9-15. 9-16. 9-17. 9-18. 9-19. 9-20. Purpose of article. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Article not applicable to certain fireworks. Permits for public displays--Required. Same--Application. Same--Investigation; issuance or refusal. same--Conditions. Same--Liability insurance or bond required. Same--Nontransferable. Disposal of unused fireworks after public display. Sale, discharge, etc., prohibited in certain locations. Seizure and destruction of certain fireworks. Article IV. Open Air Burning. 9-21. 9-21.1 9-21.2 9-21.3 9-22. 9-22.1. 9-23. 9-24. 9-25. §§ 9-26, 9-27. Title Purpose. Adoption of Virginia State Air Pollution Control Board Regulations. Definitions. Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violation. Repealed. ARTICLE I. IN GENERAL Sec. 9-1. Office of %he Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. (a) Pursuant to section 27-30 of the Code of Virginia the Office of the County Fire Marshal is hereby established. The board of supervisors shall appoint the fire ma=shal and such assistant fire marshals as the Board deems necessary, pursuant to section 27-36 of the Code of Virginia. (b) The fire marshal and his assistants shall, before entering upon their duties, take an oath, before any officer authorized to administer oaths, to faithfully discharge the duties of their offices. (c) The fire marshal and his assistants, in addition to such other duties as may be prescribed by law, shall be authorized to exercise all powers granted pursuant to Section 27-34.2:1 of the Code of Virginia. (d) While any fire department or fire company is in the process of answering an alarm or operating at an emergency ~ncident where there is imminent danger or the actual occurrence of fire or explosion, or the uncontrolled release of hazardous materials which threaten life or property, or in other emergency situations, the fire marshal and his assistants, or other officer in charge of such fire department or company at that time, shall have the authority to: (1) Maintain order at such emergency incident or in its vicinity; (2) Notwithstanding the provisions of section 46.2-890 of the Code of Virginia, keep bystanders or other persons at a safe distance from the incident and emergency equipment; (3) Facilitate the speedy movement and operation of emergency equipment and fire fighters; (4) Cause an investigation to be made into the origin and cause of the incident; and (5) Until the arrival of a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. The fire marshal or other officer in charge shall display his fire fighter's badge or other proper means of identification. (e) Notwithstanding any other provision of law, the authority granted by this section shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of emergency equipment at s fire station. (f) Any person refusing to obey the orders of the fire marshal or his assistants, or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. The fire marshal and his assistants, or other officer in charge, shall have the authority to make arrests for violation of the provisions of this section. (g) The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident. Personnel from the news media, when engaged in news-gathering activities, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do no=, in the opinion of the fire marshal or his assistants, or other officer in charge, interfere with the fire department or rescue workers dealing with such emergencies, in which case the fire marshal or his assistants, or other officer in charge, may order such persons from the scene of the emergency incident. State law reference--Code of Va., § 27-15.1 Sec. 9-2. General precautions to prevent spread of fire. (a) It shall be unlawful for any owner or lessee of land to se= fire =o, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris or other inflammable material upon suck land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to land other than that owned or leased by him. It shall be unlawful for any employee, agent, representative or licensee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he shall have taken similar precautions to prevent the spread of such fire to any other land. (b) During the period beginning February 15 and ending April 30 of each year, even though the precautions required by section 9-2 have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within five hundred (500) feet of any woodland, brush land or field containing dry grass or other flammable material, excep= between the hours of 4:00 p.m. and 12:00 midnight. (c) The provisions of this section shall not apply to fires which may be set within the corporate limits of any incorporated town, nor to fires set on rights-of-way of railroad companies by their duly authorized employees. Va. Code Section 10.1-1142. (d) Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense. Sec. 9-3. Damaging or jeopardizing propar~y of another by fire. It shall be unlawful and a Class 3 misdemeanor for any person to intentionally or negligently set any woods or marshes on fire or set fire to any stubble, brush, s=raw or any other substance capable of spreading fire on lands, whereby the property of another is damaged or pu~ in jeopardy, and in addition re any penalty which may be imposed for violation of this section, such person shall be liable for the full amount of all expenses incurred in fighting the fire. State law reference--Code of Va., § 10.1-114~. ARTICLE II. FIRE PREVENTION CODE Sec. 9-4. Adoption of Virginia Statewide Fire Prevention Cede. Pursuant to section 27-97 of the Code of Virginia, the Virginia Statewide Fire Prevention Code, in its current form and as amended in the future, is adopted by the County of Albemarle, except as otherwise modified or amended in this article, and the same is hereby incorporated fully by reference. This code shall be referred to in this chapter as the "fire prevention code." The fire official shall enforce the fire prevention code. Sec. 9-4.1 Definitions. The following words and terms used in the fire prevention code shall have the definitions ascribed to them in this section: Fire official shall mean the fire marshal and/or his assistants. Jurisdiction shall mean the County of Albemarle, Virginia. Legal counsel of the jurisdiction shall mean the county attorney or an attorney appointed by the board of supervisors to represen= the county in legal ma=~ers. Sec. 9-4.2 Local appeals. Appeals concerning the application of the fire prevention code shall be governed as follows: (a) The Albemarle County Building Code and Appeals Board is hereby constituted as, and shall serve as the Albemarle County Fire Prevention Code Appeals Board. (b) The chairman and secretary of the Albemarle County building code and appeals board shall serve in that same capacity for the Albemarle County fire prevention appeals board. (c) The fire official shall provide clerical support to the Albemarle County building code and appeals board on matters pertaining to the fire prevention code within personnel and budgeting limits. (d) Appeals to the fire prevention appeals board may be made by any person aggrieved by any decision or interpretation of the fire official made under the provisions of the fire prevention code. Sec. 9-4.3 Permits required. Permits shall be obtained, when required, from the fire official. Permits shall be available at all times on the premises designated in the permit for inspection of the fire official. Fees for such permits, for inspections and services shall be in such amounts as are from time to time established by resolution of the board of supervisors, and a fee schedule setting forth such fees will be maintained by the fire official. Such fee schedule shall also include fees to defray cos=s of enforcement and appeals concerning the fire prevention code. Secs. 9-5, 9-6. Repealed by ordinance adopted 4-13-88. Sec. 9-7. Fire lanes. (a) The fire official may require both public and private fire lanes, as deemed necessary for the efficiency and use of fire and rescue apparatus. Fire lanes shall have a minimum width of eighteen (18) feet. No person shall stand or park a motor vehicle within any fire lane established and designated in a parking lot or travel lane open ~o the public. (b) Designated fire lanes shall be free of obstructions, vehicles and marked in a manner prescribed by the fire official. (c) Ail designated fire lane signs or marking shall be maintained in a clear and legible condition a~ all times and replaced when necessary to ensure adequate visibility. (d) The county police and the fire official shall have concurrent jurisdiction to enforce the provisions of this section, and each shall have the authority to issue parking citations for any violation of this section. Parking citations shall be provided by the county. (e) Any police officer or the fire official who finds any vehicle ~n violation of this section shall also have the authority =o remove such vehicle at the owner's risk and expense. This authority shall extend to any fire or rescue officer in charge of a fire or rescue operation who ~inds any such violation to be. interfering with such emergency operations. (f) Violation of this section shall be punishable by a ($25.00) fine. The contest of such fine by any person shall provisions of section 12-8.2 of this Code. twenty-five dollar be governed by the Sec. 9-8. Fire protection systems. (a) Any person or persons engaged in selling, servicing, testing, leasing, installing, inspecting, altering, modifying, repairing or removing any portable or fixed fire protection, suppression or detection equipment and sys=ems in the coun=y shall be registered with and operated from a permit issued by the fire official. (b) Each registrant will provide the fire official with proof of adequate general liability insurance, including product or completed operations liability insurance, which will protect the public (both from property damage and personal injury) from negligence of their personnel performing the aforementioned activities considering the nature and extent of the registrant's proposed activities. (c) Any person or persons engaged in the aforementioned activities shall demonstrate proof of qualification, in a manner prescribed by the fire official. (d) Ail servieing~ inspection, testing, installing, altering, modifying, repairing, or removing of such equipmen~ and systems, shall be done ~n accordance with the practices, standards, codes and requirements of the National Fire Protection Association, the Statewide Fire Prevention Code and Virginia Uniform Statewide Building Code and the orders of the fire official. (e) Failure to comply with this section shall be cause for revocation of the permit and shall be a violation of the Statewide Fire Prevention Code. (3-20-75; 4-13-88) ARTICLE III. FIREWORKS For state law as to fireworks generally, see Code of Va., S§ 59.1-142 to 59.1- 148. Sec. 9-9. Purpose of article. The purpose of this article is to provide adrainistratlve procedures for the regulation of the use and sale of fireworks. Sec. 9-10. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Except as otherwise provided in this article, it shall be unlawful for any person to transport, manufacture, store, sell, offer for sale, expose for sale, buy, use, ignite or explode any firecracker, torpedo, skyrocket or other substance or thing, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly known, as fireworks, and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than sparks, and other than those fireworks excepted under the provisions of section 9-11. (Code 1967, § 10-4; 4-13-88) For state law basis of this section, see Code of Va., § 59.1-142. Sec. 9-11. Article not applicable to certain fireworks. The provisions of this article shall not apply to sparklers, fountains, Pharaoh's serpents, caps for pistols or pinwheels, commonly known as whirligigs or spinning jennies, when used or exploded on private property with the consent of the owner of such property; nor shall the provisions of this article apply to the use of fireworks by any railroad company for signal purposes or illumination; nor shall the provisions of this article apply to the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. (Code 1967, ~ 10-5) For state law basis of this section, see Code of Va., §S 59.1-146, 59.1-147. Sec. 9-12. Permits for public displays--Required. Notwithstanding the other provisions of this article, public displays of fireworks may be given by fair associations, amusement parks or by any organization or group of individuals in accordance with a permit from the fire official. It shall be unlawful for any person to hold, present or give any such public display of fireworks without first having obtained such a permit from the fire official. (Code 1967, § 10-6; 4-13-88) For state law as to authority of county to adopt this section, see Code of Va., 59.1-144. Sec. 9-13. Same--Application. Any person desiring a permit required by section 9-12 shall make application therefor to the fire official au least thirty (30) days prior to the date of such fireworks display. Such application shall be on forms provided by the fire official. The applicant shall furnish such information as may be required by the fire official. (Code 1967, ~ 10-7; 4-13-88) Sec. 9-14. Same--Investigation; issuance or refusal. Upon filing of an application for a permit required by section 9-12, the fire official shall make an investigation to determine whether the applicant is properly qualified to present a public fireworks display and whether such display can be held without danger to property or person. If the fire official is satisfied with the results of such investigation, he shall issue the permit. If he is not satisfied with the results of such investigation, he shall refuse to issue such permit. (Code 1967, § 10-8; 4-13-88) Sec. 9-15. Same--Conditions. The fire official may specify, in any permit issued pursuant to section 9-12, any conditions which he shall deem necessary to protect persons and property. Such conditions may include, but shall not be limited to, the type of fireworks to be used in such display, the hours when such display may be presented, required fire extinguishing equipment, the presence of trained firemen and policemen and any other requirement that the fire official may deem necessary. (Code 1967, § 10-9: 4-13-88) Sec. 9-16. Same--Liability insurance or bond required. Each permittee under this article shall file with the fire official and a licensed insurance company evidence of a policy of liability insurance or a bond in an amount deemed adequate by the fire official and licensed insurance company for the payment of all damages which may be caused either =o persons or to property by reason of the permitted display and arising from any acts of the permittee or his agents, employees or subcontractors. (Code 1967, § 10-10; 4-13-88) Sec. 9-17. Same--Nontransferable. No permit issued pursuant to section 9-12 shall be transferable. (Code 1967, § 10-11) Sec. 9-18. Disposal of unused fireworks after public display. Any fireworks remaining unfired at the end of any public display shall immediately disposed of in a way safe for that particular type of fireworks. {Code 1967, § 10-12) be See. 9-19. Sale, discharge, etc., prohibited in certain locations. It shall be unlawful for any person, firm, corporation, organization or group to sell, offer for sale, store, display, manufacture, possess or discharge any fireworks within one hundred (100) feet of any gasoline pump, propane distribution tank, or other inflammable liquid distribution pump or apparatus, excep= in a fully enclosed building where fireworks are permitted for such sale or use. Fully enclosed building shall not be construed to include any outdoor stands or other similar structures that have been set up to sell, offer for sale, store or display any fireworks. (Code 1967, § 10-13; Ord. No. 95-9(1)) .Sec. 9-20. Seizure and destruction of certais fireworks. Any law enforcement officer arresting any person for the violation of any provision of this article shall seize any article mentioned in section 9-10 which is in the possession of or under the control of the person so arrested, and shall hold the same until final disposition of any criminal proceedings against such person. If a judgment of conviction is entered against such persons, the court shall, in addition to any other penalty imposed, order destruction of such articles upon expiration of the time allowed for appeal of such judgment of conviction. (Code 1967, ~ 10-14) For state law basis of this section, see Code of Va., ~ 59.1-143. ARTICLE IV. 0PENAIR BURNING Sec. 9-21. Title. This article shall be known as the Albemarle County ordinance for the regulation of open burning. Sec. 9-21.1. Purpose. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Albemarle County 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. Sec. 9-21.2 Adoption of Virginia State Air Pollution Control Board Regulations. The Commonwealth of Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution, Part IV, Emissions Standards for Open Burning (Rule 4-40), in current form and as amended in the future, are hereby adopted and incorporated by reference; provided, however, any county regulation specified in this article more restrictive than such state regulations shall apply and ~ake precedence over the state regulations. Any permits required by such state regulations may be issued by the county, if authorized by the state agency otherwise responsible. Sec. 9-21.3. Definitions. For the purpose of this article and subsequen= amendments or any orders issued by Albemarle County, the following words or phrases shall have the meaning given them in this section. 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. Clean burning waste means waste which does not produce dense smoke when burned and is not prohibited =o be burned under this ordinance. Construction waste means solid was=e 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 or 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. Debris waste means stumps, wood, brush and leaves from land clearing operations. 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. Garbage means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. 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 Pose a substantial present or potential hazard =o human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Household refuse means waste material and trash normally accumulated by a household in the course of ordinary day to day living. Industrial waste means all waste generated on the premises of manufacturing and industrial operations such as, but no= limited to, those carried on in factories, processing plants, refineries, slaughter houses and steel mills. Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling ~unk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. Landfill means a sanitary landfill, an industrial waste landfill, or a cons=ruction/demolition/debris landfill. See virginia Solid Waste Managemen= Regu- lations (VR 672-20-10) for further definitions of these terms. Local landfill means any landfill located within the jurisdiction of a local government. 8 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. 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. 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. Salvage operation means any operation consisting of a businesst trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. Sanitary landfill means an engineered 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 also may 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 Virginia Solid Waste Management Regulations (VR 672-20-10) for further definitions of these terms. Smoke means small gas-borne particulate matter consisting mostly, but no~ exclusively, of carbon, ash and other material in concentrations sufficient to-form a visible plume. Special incineration device means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. Sec. 9-22. Prohibitions on open burning. (a) a special ordinance. No owner or other person shall cause or permit open burning or the use of incineration device for disposal of refuse except as provided in this (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 tire 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 or 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 ether 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 section 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 sn alert, warning or emergency stage of an air pollution episode ss described in Part VII of the Regulations for the Control and Abatement of Air Pollution or 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 any in-process burning or use of special'incineration devices shall be immediatel~ terminated in the designated air quality control region. Sec. 9-22.1. Exemptions. The following activities are exempted to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatemen~ 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, forceremonial occasions, for outdoor noncommercial preparation of food 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. 9-23. 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 The location of the burning is not less than three hundred (300) feet from any occupied building unless the occupants have given prior permission, other than m building located on the property on which the burning Ks conducted. (b) Open burning is permitted for the disposal of household refuse by homeowners or tenants, provided that the following conditions are met: The burning takes place on the premises of the dwelling; Animal carcasses or animal wastes are not burned; 3. Garbage is not burned; The location of the burning is non less than three hundred (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 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 10 building areas, sanitary landfills, er from other clearing operations which may be approved by the fire official, provided the following conditions are met: 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 official; The material to be burned shall consist of brush, s~umps and similar debris waste and shall not include demolition material; The burning shall be at least five hundred (500) feet from an occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning Ks conducted; The burning shall be conducted at the greatest distance practicable from highways and air fields; The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of~smoke being produced; The burning shall not be allowed to smolder beyond the minimum period of time'necessary for the destruction of the materials; and 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: The burning shall take place on the premises of a local sanitary landfill which meets the previsions of the regulations of the Virginia Waste Management Board; 2. The burning shall be attended at all times; 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; Ail reasonable effort shall be made to minimize the amount of material that is burned; and No materials may be burned in violation of the regulations of the Virginia Waste Management Board or 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 official; no ether site shall be used without the approval of these officials. The fire official shall be notified of the days during which the burning will occur. (e) Section 9-23(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. 9-24. Permits. (a) When open burning of debris waste (section 9-23(c)) or open burning of debris on the site of a local landfill (section 9-23(d)) is to occur within Albemarle County, the person responsible for the burning shall obtain a permit from the fire official prior to the burning, such a permit may be granted only after confirmation by the fire official 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 11 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 official. (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 official; such permits to be granted only after confirmation by the fire official that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution of the State Air Pollution Control and that any conditions are met which are deemed necessary by the fire official 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: Ail 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, saw logs and firewood; The material to be burned shall consist of brush, stumps and similar debris waste and shall not inolude demolition material; The burning shall be at least three hundred (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 official determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased; 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; The burning shall be conducted only when the prevailing winds ars away from any city, town or built-up area; 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; and Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the fire official. (c) An application for a permit under section 9-24(a) or section 9-24(b) shall be accompanied by a processing fee as set forth in the fee schedule maintained by the fire official, as may be amended from time to time. Sec. 9-25. 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. (c) The fire official shall enforce the terms and conditions of this ordinance. Secs. 9-26, 9-27. Repealed by ordinance adopted January 8, 1997. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance unanimously adopted by the Soard of County Supervisors of Albemarle County, Virginia, at a regular meeting~he~ld, on January 8, 1997. C~rd ~o~ervisors 12 HESOLUTION WHEREAS, the Board of County Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia Statewide Fire Prevention Code as set forth in Section 9-4 of the Code of Albemarle; and WHEREAS, the Eoard of County Supervisors is authorized by Virginia Code Section 27-98 to establish such procedures or requirements as may be necessary for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and WHEREAS, the Board of County Supervisors is authorized by Virginia Code Section 27-98 to levy fees in order to defray the cost of such administration, enforcement and appeals. NOW, THEP. EFORE, BE IT RESOL~BD that the Board of County Supervisors of Albemarle County, Virginia, hereby adopts the following fee schedule, which shall be administered by the County Fire official and his authorized assistants. FEE SCHEDULE FEE SECTION $125.00 Open Burning per job S50.00 per use S50.00 per job $50.00 annual FIRE CODE REFERENCE F-403.4 For the burning of land clearing debris three (3) inches in diameter in size or grea=er such as, brush, stumps, and other clean wood, to be burned at the site at which it was generat- ed. Permits are to be issued to the contractor performing the work and shall include the name of the contractor, the contractor's agent who will be responsible for the operation, a day time, night time and an emergency phone number. The permit shall be issued for a specific location at the job site and may be moved at the direction of the Fire Prevention office only. The duration of the permit shall not exceed sixty (60) days. Bonfires F-403.8.2 Issued to the owner of the land upon which the bonfire is =o be kindled. Fire is utilized for ceremonial purposes only. Size 5' X 5' X 5'. Duration three (3) hours. Permit to be valid for the date or dates specified only. Torches for Removing Paint F-404.2 A 'permit to use a torch or other flame-producing device to remove paint from any building or structure in the County by any contractor shall be secured from the Fire Prevention Office prior to the operation taking place. The duration of the permit shall be thirty (30) days and shall require the Fire Prevention Office to be notified by the contrac=or on each day a torch is no be used at the site. Airports, Heliports and Helistops F-801.2 For the operation of any public airport, heliport, helistop or ~ircraft hanger within the county. Page 1 of 7 $5G.00 per job $50.00 annual $50.00 annual $50.00 annual S50.O0 annual $50.00 per job $125.00 annual $50.00 annual $50.00 per job $50.00 annual Refinishing of Pins or Lanes at B~wling Establishments F-901.2 For the application of any flammable liquid or material involved inthe refinishing of bowling pins or the resurfacing of the bowling lanes at any bowling establishments within the county. Crop-Ripening and Coloring Processes F-1001.2 For equipment and operations for ~the process of coloring or ripening crops in any tightly closed room including those processes where ethylene gas may be introduced into the room to assist in these processes, within the county. Dr~ Cleaning Plants F-1101.2 For the equipment, processes and operation of dry cleaning plants within the county. The permit shall prescribe the type of system to be used. Dust Explosion Hazards F-1201.2 For the operation of an~ grain bleacher or elevator; flour, starch or feed mill; malt house; wood flour manufacturing plant; or any plant that pulverizes aluminum, coal, cocoa, magnesium, spices, sugar or other material that produces dust. Fl-mmable Spray and Dipping Operations F-1301.2 For the application of any flammable or combustible finish by spraying or dipping that applies more then one (1) gallon of finish in one (1) working day, within the county. Fumigation and Thermal Insecticidal Fogging F-1401.2 For any fumigation or thermal insecticidal fogging within any building in the county. Hazardous Production Materials Facilities F-1501.2 For the storage, handling, and usage of hazardous production materials within any building in the County. I~,mBer Yards and Woodworking Plants F-1601.2 For the storage, operations of lumber yards, and woodworking plants in which more than one hundred thousand (100,000) board feet (236 m3) of lumber is stored or used. Tents and Air-Supported Structures F-2001.2 For the use of a tent or air-supported structure in excess of nine hundred (900) square feet (84 m2) and used for the gathering of more than fifty (50) people in the county. A permit not to exceed one hundred eighty (lB0) days shall be issued. Vehicle-Wrecking Yard, Junk Yards and Waste Material-Handling Plants F-2102.i TO conduct or maintain equipment, processes and operations of vehicle-wrecking yards, junk yards and waste material-handling plants within the county. Page 2 of 7 $50.00 $75.00 annual S75.00 annual $75.00 annual $75,00 annual $125.00 annual $75.00 annual $75.00 annual Material Storage F-2103 · 1 Required for storage located in any structure or on any premises of more than two thousand five hundred (2500) cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials. Welding or Cutting, Calciu~ Carbide and Acetylene Generators F-2201.2 For those companies, copartnership's, corporations or owner- operators who weld or cut with gas, electric arc or flammable Liquid or any combination thereof, outside of areas approved for this purpose. This shall not be construed as requiring a permit for each welding Or cutting job location, but does require those who possess the permit to notify the Fire Prevention Office in advance of where such work is to take place. Exception: In the case of an emergency call which does not allow time for notification. Gas Welding and Cuttiug Operations cylinder or Container Storage F-2205.2 To store cylinder or containers used in conjunction with welding or cutting operations when more than two thousand (2,000) cubic feet (56 m3) of flammable compressed gas other than liquefied petroleum gas, three hundred (300) pounds (136.20 kg) of liquefied petroleum gas, or six thousand (6,000) cubic feet (168 m3) of nonflammable compressed gas within the county. ~alcium Carbide Systems F-2207.1 For the storage or possession of calcium carbide in excess of two hundred (200} pounds (91 kg). Acetylene Generators F-2208.1 For the operation of an acetylene generator having s carbide capacity exceeding five (5) pounds (2.27 kg). Hazardous Materials and Chemicals F-2301.2 For the storage, usage, handling, or dispensing of hazardous materials and chemicals as indicated in Chap=ers 24 through 43 of the Statewide Fire Prevention Code. The required permitted quantities shall be as indicated in the referenced Chapters. Aerosol Products F-2401.2 To store and sell for retail display of any level 2 and 3 aerosol product exceeding a ne= weight of five hundred (500) pounds (297 kg). Cellulose Nitrate (Pyroxylin) Plastics F-2501.2 For all retailers, jobbers and wholesalers storing or handling more than twenty-five (25) pounds (11.35 kg) of product; for storage, handling and processing operations involving cellu- lose nitrate film in excess of twenty-five (25) pounds (11.35 kg). Page 3 of 7 $75.00 annual $125.00 $125.00 annual $125.00 annual $250.00 annual $150.00 annual $100.00 per job $250.00 annual $50.00 plus per job Combustible Fibers F-260t.2 TO store or handle combustible fibers in amounts in excess of one hundred (100) cubic feet (2.80 m3}. Compressed ~ases F-2701.2 TO store, handle or use at normal temperature and pressure more than seven hundred fifty (750) cubic feet (21 m3) of flammable compressed gas, or six thousand {6,000) cubic feet (168 m3) of nonflanunable compressed gas, and any quantity of highly toxic or toxic compressed gas. Corrosives F-2801.2 For storage and use of any corrosive materials exceeding one thousand (1,O00) pounds (454 kg) of solids, one hundred ten (110) gallons (0.42 m3) of liquids or eight hundred ten (810) cubic-feet (23 m3) of gases. Cryogenic Liquid F-2901.2 To produce, store or sell any cryogenic liquid; or store a nonflammable, nontoxic cryogenic liquid in quantities greater than five hundred (500) gallons (1.89 m3); or store or use more than ten (10) gallons (0.0379 m3) of liquid oxygen, flammable cryogenic liquids or cryogenic oxidizers. Explosives, Ammunition and Blastinq Agents F-3001.2 Manufacture, Sell or Operate a Terminal To manufacture, sell (wholesale or retail), or operate s terminal which handles explosives or blasting agents. Store, Possess, or Otherwise Dispose of Explosives or Blasting Agents To store, possess or otherwise dispose of explosives in connection with operations involving blasting. This will include, but not be limited to, company yards or storage si=es at job locations within the county. Use of Explosives or Blasting Agents To use explosives or blasting agents at any project site. The permit shall specify at each location the type and extent of blasting to be performed. Duration shall not exceed thirty (30) days from date of issue. Fireworks F-3t01.2 Fireworks - Wholesale To sell Class C Fireworks =o suands or businesses within the county. Eond or insurance required in an amount specified by the Fire Prevention Office, but in no case shall it be less than one million dollars ($1,000.000.00). Fireworks - Public or Private Displays Twenty-five dollars ($25.00) for each additional date or location one wishes ~o display or discharge fireworks for ceremonial, sports, fairs or amusement purposes. Before issuance of a permit, a bond in the amount specified by the Page 4 of 7 Fire Prevention Office shall be furnished for the payment of any and all damages which may be caused either to person or persons or to property as the result of any permitted display. $75.00 annual per stand $50.00 per job $50.00 annual $75.00 annual ~125.00 Annual $125.00 annual $125.00 annual Fireworks - Retail Sales to Public To sell, offer for sale, expose for sale, store awaiting sale, at any retail stand or business in the county, of any Virginia approved Class C fireworks. Insurance or bond required, in an amount specified by the Fire Prevention Office, but in no case shall the bond be less than five hundred thousand dollars ($500,000.00). Flammable and Combustible Liquids F-3201.2 Removal, Repair, Modify, Alter and Abandon F-3201.2,1 Plus twenty-five dollars ($25.00) for each additional tank. To remove, repair, modify, alter or plus abandon any station- ary tank for the storage of flammable or combustible liquid or any line or dispensing device connected thereto. Storage F-3201.2,3 To store, handle or use any flammable or combustible liquid in tanks or containers in excess of twenty-five (25) gallons (0.0189 m3) in a building and in excess of sixty (60) gallons outside of a building. Exceptions: This section shall not apply to storage in connection with farming operations or to storage at a single-family dwelling unit or use for a private vehicle with a tank size less than five hundred (500) gallons in size. Nor shall it apply to fuel tanks of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant. Also it shall not apply to storage or usage of paints, oils, varnishes or similar mixtures when stored in connection with painting or maintenance operations for periods not exceeding thirty (30) days. To manufacture, process, blend or refine any flammable or combustible liquid. Fly--able and combustible Liquids F-3201.2,4 To manufacture, process, blend or refine any flammable or combustible liquid. Flammable Solids F-3301.2 For the storage, use and handling of moro than one hundred twenty-five (125) (56.8 kg) of flammable solid. Highly Toxic and Toxic Solids and Liquids F-3401.2 To stere, use or handle any highly toxic material in any quantity and any toxic material exceeding five hundred (500) pounds (227 kg) of solid or fifty (50) gallons (0.19 m3) of liquid. Irritants, Sensitizers and Health Hazards F-3501.2 For the storage, use or handling of irritants, sensitizers or other health hazard materials exceeding one thousand (1,000) pounds (454 kg) of solids, one hundred (100} gallons (0.38 m3) of liquids and any amount of gas. Aggregate quantity shall be such that the sum of the ratios of the actual quantity of each state of material divided by the allowable quantity of each state of material shall not exceed one (1). Page 5 of 7 $125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual S125.00 annual Liquefied Petroleum Gas (L~G) F-3601.2 FOr the bulk storage of L~G in containers exceeding a water capacity of two thousand (2,000) gallons, used in conjunction with both wholesale and retail sales of LPG or used in con)unction with the fueling operations, both full service and self-service, of motor vehicles. Exceptions: Any LPG container used to fuel motor vehicles or other equipment in conjunction with farming operatigns installed on a private fs_~Ta. Organic Peroxides F-3701.2 For the storage, use or handling of any quantity of unclassi- fied detonable, Classs 1 or Class 2 organic peroxides and more than twenty-five (25) pounds (11.4 kg) of Class 3 organic peroxides. Liquid and Solid Oxidizers F-3801.2 For the storage, use or handling of any quantity of Class 3 and Class 4 oxidizers; more than fifty (50) pounds (23 kg) of Class 2 oxidizers; and more than 200 lbs (91 kg) of Class 1 oxidizers. Pesticide Storage F-3902.1.1 For the storage of any Class 1 or Class 2 pesticides in portable containers, stored both inside and outside, which are idemtified by the signal words: POISON, DANGER, DANGER or POI~)N printed on the label. Pyrophoric Materials F-4001.2 For the storage, use or handling of any amount of pyrophoric material. Radium or other Radioactive Material F-4101.2 To store, handle or install more than one (1) microcurie of radium not contained in a sealed source or more than one (1) millicurie of radium or other radioactive material in a sealed source or sources, or any amoun= of radioactive material which requires a specific license from the U.S. Atomic Energy Commission in accordance with nationally recognized good practice. Unstable (Reactive) Material F-4201.2 For storage, use or handling of any quantity of Class 3 or lass 4 unstable (reactive) materials; more than ten (10) pounds (4.5 kg) of Class 2 unstable (reactive} materials; more tha~ twenty-five (25) pounds (11.4 kg) of Class 1 unstable (reactive) materials. Wau~r-R~aotiva F~4301.2 For the storage, use or handling of any quantity of Class 3 water-reactive materials and one hundred (100) pounds (945 kg) of solids and ten (10) gallons (0.038 m3) of liquids of Class 2 water-reactive materials. Page 6 of 7 $5.00 plus S5.00 $5.00 plus O~:~R FIRE, RESCUE ~ND INSPECTION-RELATED FEES Fire Incident/Investigative Reports One Dollar ($1.00) for each additional page after the first page for formal written requests for departmental reports and associated materials collected as a result of a fire or other activities for which personnel were required to complete a written report. Environmental Assessment/Underground Storage Tank Survey Requests For all requests for information regarding environmental assessment studies. Photographic Requests Fifty Cents ($0.50) for each photo requested to be sent. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of County Supervisors of Albemarle County, Virginia, by vote of 6/0 on January 8, 1997. clerk, Board of Cou~nty Sup~isors Page 7 of 7 DRAFT: ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9. FIRE PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE. VIRGINIA BE IT ORDAINED By the Board of Supervisors of the Comity of Albemarle, Virginia, that Chapter 9, Fire Protection, is hereby amended and reordalned, as follows: By Adding New: Section 9-1 Section 9-2 Section 9-4.1 Section 9-4.2 Section 9-4.3 Section 9-21 Section 9-21.1 Section 9-21.2 Section 9-22 Section 9-22.1 Section 9-23 Section 9-24 Section 9-25 Office of the Fire Marshal created. General precautions to prevent spread of fire. Definitions. Local appeals. Permits required Title. Purpose. Definitions, Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violations. By Amending: Section 9-3 Section 9-4 Section 9-7 Throwing inflammatory objects from vehides. Applicability of Statewide Fire Prevention Code. Fire lanes. By Repealing: Section 9-1 Section 9-2 Section 9-21 Section 9-22 Section 9-22.1 Section 9-23 Section 9-23.1 Section 9-23.2 Section 9-23.3 Section 9-24 Section 9-25 Section 9-26 Section 9-27 Burning of refuse, etc., near buildings and fences. Duty ro extinguish fires built in open: liability for forest fires. Precautions required to prevent spread of fire. Limitation on hour of burning between March 1 and May 15. Limitation of burning of leaves between October 1 and March 1. Liability for causing forest fire. Authority of county fire official Petitions to ban burning in designated areas. Adoption of regulations of state air pollution control board. Violations; penalties. Construction of article. Leaf bttrning prohibited in certain areas. Open burning prohibited in certain area. § 9-1. § 9-2. § 9-3. §9-4. §%4.1 Article I. In General ........................ s .............ce of the Fire Marshal created: appointment, oath and Dowers of the Fire Marshal and his deputies. precautions to prevent spread of fire. ieovardizin~ vrove~v of another by fire. Article II. Fire Prevention Code Applicability Adoption of Virginia Statewide Fire Prevention Code. Definitions. 2 §9-4.2 §9-4.3 §§ 9-5.9-6. § 9-7. § 9-8. Local at,peals. Permits reouired Repealed. Fire lanes. Fire protection systems. Article III. Fireworks § 9-9. § 9-10. §9-11. § 9-12. § 9-13. § 9-14. § 9-15. §9-16. §9-17. §9-18. § 9-19. § 9-20. Purpose of article. Manufacture, sale. discharge, etc.. of certain fireworks prohibited. Article not applicable to certain fireworks. Permits for public displays--Required. Same--Application. Same--Investigation: issuance or refusal. Same--Conditions. Same--Liability insurance or bond required. Same--Nontransferable. Disposal of unused fireworks after public display. Sale, discharge, etc., prohibited in certain locations. Seizure and destruction of certain fireworks. § 9-21. § 9-21.1 §9-21.2 § 9-21.3 § 9-22. § 9-22.1. § 9-23. § 9-24. § 9-25. Artide IV. Open Air Burning .............. -I ...... P ....... spread of fire. Title Purpose. Adoption of Virginia State Air Pollution Control Board Regulations. Definitions. Prohibitions on open burning. Exemptions. ........ y .......... s ............ Permissible open burning. ~ ........ :~_ _r ~.~:~ Penalties for ~olation. 3 ARTICLE 1. IN GENERAL Sec. 9-1. ........ ~ .......................... s ............. Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. (a) Pursuant to Section 27-30 of the Code of Vireinia the Office of the County Fire Marshal is hereby established. The Board of Supervisors shall appoint the fire marshal and such assistant fire marshals as the Board deems necessary. pursuant to Section 27-36 of the Code of Virt~nia. (b)_ The fire marshal and his assistants shall, before enterine upon their duties, take an oath. before anv officer authorized to administer oaths, to faithftfllv discharge the duties of their offices. (c) The fire marshal and his assistants, in addition to such other duties as may be prescribed by law shall be authorized to exerdse all powers ~ranted pursuant to Section 27-34.2: I of the Code of Virgima. (d)_ While any fire department or fire company is in the process of answerinv an alarm or oneratinv at an emerpencv incident where there is ~mminent daneer or the actual occurrence of fire or exvlosion, or the uncontrolled release of hazardous materials which threaten life or Droperw, or in other emergency situations, the fire marshal and his assistants, or other officer in charee of such fire department or company at that time, shall have the authoriW to: (1) Maintain order at such emergency incident or in its vicinity; 4 (2) Notwithstanding the vrovisions of section 46.2-890 of the Code of Virginia. keep bystanders or other versons at a safe distance from the incident and emergency equipment; (3) Facilitate the sveedv movement and overation of emergency eouivment and firefighters: (4) Cause an investigation to be made into the origin and cause of the incident_; and (5) Until the arrival of a volice officer, direct and control traffic, in person or bv devutv, and facilitate the movement of traffic. The fire marshal or other officer in charge shall disvlav his firefighter's badge or other vrover means of identification. (e) Notwithstanding any other vrovision of law, the authoriW granted by this section shall extend to the activation of traffic control signals designed to facilitate the safe e~ress and ingress of emergency eomvment at a fire station. (f~ Any verson refusing to obey the orders of the fire marshal or his assistants, or other officer in charge at that time shall be tmilw of a Class 4 misdemeanor. The fire marshal and his assistants, or other officer in chnrge, shall have the authoriw to make arrests for violation of the provisions of this section. (g) The authoriw granted under the vromsions of this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue souads from verforming their normal duties when operating at such emergency incident. Personnel from the ne~vs media, when engaged in news-gathering activities, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the inddent that do not, in the oviuion of the fire marshal or his assistants, or other officer in charge, interfere with the fire devartment or rescue workers dealing with such emergencies, in which case the fire marshal or his assistants, or other officer in charge, may order such persons from the scene of the emergency incident. (11-3-93) Cross Reference -- 5 State law reference -- Code of Virginia, § 27-15.1 General orecautions to orevent spread of fire. Relocated from 9-21 and 9-22 (a) It shall be unlawful for any owner or lessee of land to set fire to. or to procure another to set fire to. any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same. to prevent the spread of such fire to lands other than those owned or leased by him. It shall be unlawful for any employee, agent, representative or licensee of any such owner or lessee of land to set fire to or to procure another to set fire to anv woods, brush, logs, leaves, grass, debris or other inflammable material upon such lands unless he shall have tal<en similar precautions to prevent the spread of such fire to any other land. (b) During the period beginning February 15 March I and ending April 30 ,NSay 15 of each year, even though the precautions required by section 9-2 9-21 have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to. any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire. located in or within five thrcc hundred (5__~00) feet of any woodland, brushland or field contaimng dry grass or other flammable material, except between the hours of 4:00 p.m. and 12.00 midnight. 6 (c) The provzsions of this section shall nor apply to fires which may be set ~dthin the corporate limits of any incorporated town. nor to fires set on rights-of-way of railroad companies by their duly authorized employees. Va. Code Section 10. I - 1142 (d) Any person violatine any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense. Sec. 9-3. ieopardizing property of another by fire. (a) It shall be unlawful and a Class 3 misdemeanor for any person ro intentionally or negligently set any woods or marshes on fire or set fire to any stubble, brush, straw or any other substance capable of spreading fire on lands. whereby the property of another is damaged or put in ieopardv, and in addition to any penalty which may be imposed for violation of this section, such person shall be liable for the full amount of all expenses incurred in fi[htinE the fire. For similar state law. see Code of Va., § lO 65.I 10.1-1142. Article II. Fire Prevention Code. Sec. 9-4. Applicability Adoption of Virginia Statewide Fire Prevention Code. .......... 6 ................ .y ...... u~,,...~, Pursuant to section 27-97 of the Code of .......................................... ~ the Vir~nla Statew~de F~re Prevention Code in its current form and as amended in the future, is adorned bv the Counw of Albemarle, except as otherwise modified or amended in this article, and the same is hereby incorporated fully bv reference. This code shall be referred to in this chapter as the "fire prevention code." The fire official shall enforce the fire prevention code. Sec. 9-4.1 Definitions. The following words and terms used in the fire prevention code shall have the definitions ascribed to them in this section: Fire official shall mean the Fire Marshal and/or his assistants. Jurisdiction shall mean the CounW of Albemarle, Virgima. LeRal counsel of the jurisdiction shall mean the county attorney or an attorney appointed by the board of supervisors to represent the counw in legal matters. Sec. 9-4.2 Local appeals. A eals concernin the a lication of the Fire Prevention Code shall be governed as follows: (a) The Albemarle County Buildin~ Code and Appeals Board is hereby constituted as, and shall serve as the Albemarle County Fire Prevention Code Appeals Board. (b) The chairman and secretary of the Albemarle County Btfildin~ Code and Appeals Board shall serve in that same capacity for the Albemarle County Fire Prevention A eals Board. (c The fire official shall provide clerical support to the Albemarle County Buildine Code and Appeals Board on matters pertaining to the fire prevention code within personnel and budgeting limits. 8 (d) Appeals to the board may be made by any person aggrieved by any decision or interpretation of the fire official made under the provisions of the fire prevention code. Sec. 9-4.3 Permits recluired. Permits shall be obtained, when required, from the fire official. Permits shall be available at all times on the premises designated in the permit for insoection of the fire official. Fees for such permits, for inspections, and services shall be in such mounts as are from time to time established by resolution of the board of supervisors, and a fee schedule settin~ forth such fees will be maintained by the fire official. Such fee schedule shall also include fees to defray costs of enforcement and appeals concernin~ the Fire Prevention Code. Secs. 9-5, 9-6. Repealed by ordinance adopted 4-13-88. Sec. 9-7. Fire lanes. (a} The fire official may require both public and private fire lanes, as deemed necessary for the efficiency and use of fire and rescue apparatus. Fire lanes shall hav~ a minimum width of 18 feet. No person shall stand or park a motor vehicle within any fire lane established and designated in a varking lot or travel lane oven to the public. (b) Designated fire lanes shall be free of obstructions, vehicles and marked in a manner prescribed by the fire official. (3-20-75) (c) All designated fire lane signs or marking shall be maintained in a clear and legible condition at all times and replaced when necessary to ensure adequate visibility. (dl The County Police and the fire offidal shall have concurrent jurisdiction to enforce the orovisions of this section, and each shall have the authority to issue parMnE dtations for any violation of this section. Parking citations shall be provided by the CounW, (e) Any volice officer or the fire official who finds any vehicle in violation of this section shall also have the anthoritv to remove such vehicle at the owner's risk and expense. This anthoriW shall extend to any fire or rescue officer in char.g,e of a fire or rescue operation who finds any such violation to be interfering with such emergency operations. (f) Violation of this section shall be punishable bv a twenty-five dollar ($25.00) fine. The contest of such fine any person shall be governed by the proms~ons of Section 12-8.2 of this Code. Sec. 9~8. Fire protection systems. (a) Any person or persons engaged in sdling, servicing, testing, leasing, installing, inspecting, altering, modifying, repairing or removing any portable or fixed fire protection, suppression or detection equipment and systems in the county shall be registered with and operated from a permit issued by the fire offidal. (b) Each registrant will provide the fire offidal with proof of adequate general liability insurance, induding product or completed operations liability insurance, which will protect the public (both from property damage and personal injury) from negligence of their personnel performing the aforementioned activities considering the nature and extent of the registrant's proposed activities. (c) Any person or persons engaged in the aforementioned activities shall demonstrate proof of qualification, in a manner prescribed by the fire official. (d) All serv2cing, inspection, testing, installing, altering, modifying, repairing, or removing of such equipment and systems, shall be done in accordance with the practices, standards, codes and requirements of the National Fire Protection Association. the Statewide Fire Prevention Code and Virginia Utfiform Statewide Building Code and the orders of the fire official. (e) Failure to comply with this section shall be cause for revocation of the permit and shall be a violation of the Statewide Fire Prevention Code. ~3-20-75; 4-13-881 Artide 1II. Fireworks. For state law as to fireworks generally, see Code of Va.. §§ 59.1~142 to 59.1- 148. 10 Sec. 9-9. Purpose of artide. The purpose of this article is to provide administrative procedures for the regulation of the use and sale of fireworks. Sec. 9-10. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Except as otherwise provided in this article, it shall be unlawful for any person to transport, manufacture, store, sell, offer for sale, expose for sale, buy, use. ignite or explode any firecracker, torpedo, skyrocket or other substance or thing, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly known, as fireworks, and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than sparks. and other than those fireworks excepted under the provisions of section 9- i 1. ICode 1967, § 10-4: 4-13-88) For state law basis of this section, see Code of Va.. § 59.1-142. Sec. 9-1 1. Artide not applicable to certain fireworks. The provisions of this article shall not apply to sparklers, fountains. Pharaoh's serpents, caps for pistols or pinwheels, commonly known as whirligtgs or spinning jenmes, when used or exploded on private property with the consent of the owner of such property; nor shall the provisions of this article apply to the use of fireworks by any railroad company for signal purposes or illumination: nor shall the provisions of this article apply to the sale or use of blanl, cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. (Code 1967, § 10-5~ For state law basis of this section, see Code of Va.. §§ 59.1-146, 59.1-147. Sec. 9-12. Permits for public displays--Required, Notwithstanding the other provisions of this artide, public displays of fireworks may be given by fair assodations, amusement parks or by any organization or group of individuals in accordance wkh a permit from the fire official. It shall be unlawful for any person to hold. present or give any such public display of fireworks without first having obtained such a permit from the fire official. {Code 1967. § 10-6; 4-13-88) I1 For state law as to authority to county to adopt this section, see Code of Va., § 59.1-144. Sec. 9-13. Same--Application. Any person desiring a permit required by section %12 shall make application therefor to the fire official at least thirty days prior to the date of such fireworks display. Such application shall be on forms provided by the fire official. The applicant shall furnish such information as may be required by the fire official. (Code 1967, § 10-7; 4-13-88) Sec. 9-14. Same--Investigation; issuance or refusal. Upon filing of an application for a permit required by section 9-12, the fire official shall make an investigation to determine whether the applicant is properly qualified to present a public fireworks display and whether such display can be held without danger to property or person. If the fire official is satisfied with the results of such investigation, he shall issue the permit. If he is not satisfied with the results of such investigation, he shall refuse to issue such permit. (Code 1967, § 10-8; 4-13-88) Sec. %15. Same--Conditions. The fire official may specify, in any permit issued pursuant to section 9-12, any conditions which he shall deem necessary, to protect persons and property. Such conditions may include, but shall not be limited to, the type of fireworks to be used in 'such display, the hours when such display may be presented, required fire extinguishing equipment, the presence of trained firemen and policemen and any other requirement that the fire official may deem necessary. (Code 1967_ § 10-9: 4-13-88) Sec. 9-16. Same--Liability insurance or bond required. Each permittee under this artide shall Fde with the fire official and a licensed insurance company evidence of a policy of liability insurance or a bond in an amount deemed adequate by the fire official and licensed insurance company for the payment of all damages which may be caused either to persons or to property by reason of the permitted display and arising from any acts of the permittee or his agents, employees or subcontractors. 12 (Code 1967, § 10-10; 4-13-88) Sec. 9-17. Same--Nontransferable. No permit issued pursuant to section 9-12 shall be transferable. (Code 1967. § 10-Ill Sec. 9-18. Disposal of unused fireworks after public display. Any fireworks remaining tmfired at the end of any public display shall be immediately disposed of in a way safe for that particular type of fireworks. (Code 1967, § 10-12) Sec. 9-19. Sale, discharge, etc., prohibited in certain locations. It shall be unlawful for any person, firm, corporation, organization or group to sell. offer for sale, store, display, manufacture, possess or discharge any fireworks witttin one hundred { 100) feet of any gasoline pump, propane distribution tank. or other inflammable liquid distribution pump or apparatus, except in a fully enclosed building where fireworks are permitted for such sale or use. Fully enclosed building shall not be construed to include any outdoor stands or other similar structures that have been set up to sell, offer for sale, store or display any fireworLs. (Code 1967, § 10-13; Ord. of 5-3-95) Sec. 9-20. Seizure and destruction of certain fireworks. Any law enforcement officer arresting any person for the violation of any provision of this article shall seize any article mentioned in section 9-10 which is in the possession of or under the control of the person so at-rested, and shall hold the same until final disposition of any criminal proceedings against such person. If a judgment of conviction is entered against such persons, the court shall, in addition to any other penalty imposed, order destruction of such articles upon expiration of the time allowed for appeal of such judgment of conviction. (Code 1967. § 10-14) For state law basis of this section, see Code of Va., § 59.1-143. 13 Artide IV. Open Air Burning woodlm'td, brushl ....................... 8 ~"y ~' ........................ 14 ,....~V,.,.,.o,.~o .~,..u.t*t.u the Common which escapca radio and to 15 (6d4-7~; ~ ° oo.n ~o on, 16 Sec. 9-21. Tide__ Ttds article shah be known as the Albemarle County Ordinance for the Rep~lation of Open Burning. Sec. 9-21.1. Purpose. The purpose of this article is to protect public health, safety, and welfare by reg~datin,g open burning within Albemarle County to achieve and maintain, to the 17 ~reatesr extent practicable, a level of air (tualiw that will provide comfort and convenience while promoting economic and social develovment. Sec. 9-21.2 Adoption of Virginia State Air Pollution Control Board Regulations. The Commonwealth of Vironia State Air Pollution Control Board Retmlations for the Control and Abatement of Air Pollution, Part IV. Emissions Standards for Open Burning (Rule 4-401, in current form and as amended in the future, are hereby adopted and incorporated by reference; provided, however, any county regulation specified in this article more restrictive than such state re~/ations shall apply and take precedence over the state rekmlations. Any permits reouired by such state re.kmlations may be issued by the county, if authorized bv the state agency otherwise responsible. Sec. 9-21.3. Definitions~ For the purpose of this article and subsequent amenchnents or any orders issued by Aibemarle County, the words or phrases shall have the meanin.g .tiven them tn this section. Automobile ~avevard means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of bein~ operated, and which it would not be economically practical to make overative, are placed, located or found. Clean burning waste means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. Construction waste means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber. ~vire, sheetrock, broken brick, shin~les, 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 material s. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi- liquids and garbage are not construction wastes and the disposal of such materials must be in accordance with the re~lations of the Vir~nia Waste Management Board. Debris waste means stumps, wood, brush, and leaves from land clearing operations. 18 Demolition ~vaste means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste__ Garbate means rotting animal and vegetable matter accumulated bv a household in the course of ordinary day to day living__ Hazardous waste means refuse or combination of refuse which, because of its quantity, concentration or vhvsical, 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~ pore a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. Household refuse means waste material and trash normally accumulated bva household in the course of ordinary day to day living. Industrial waste means all waste generated on the vremises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, vrocessing olants, refineries, slaughter houses, and steel mills. lunkvard means an establishment or vlace of business which is maintained, ooerated, or used for storing, keeving, buying, or selling Junk. or for the maintenance or ooeration of an automobile graveyard and the term shall include garbage dumps and sanitary fills. Landfill means a sanitary landfill an industrial waste landfill or a construction/demolition/debris landfill. See Virginia Solid Waste Management Regulations {VR 672-20-10/ for further definitions of these terms. Local landfill means any landfill located within the jurisdiction of a local govermnent. Open burning means the burninE 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. 19 Open l~it incinerator means a device used to burn waste for the primary purpose of reducin.~ the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the tod of a trench or similarly enclosed space thus reducin~ the amount of combustion byproducts emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators 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 clearin.~, forest mana.Tement and emergency onerations. Salvage operation means any operation consisting of a business, trade or industry l~articipating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically indudin~ automobile graveyards and !unkvards. Sanitary landfill means an enEineered land burial faciliw 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 nose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial soIid waste, nonhazardous sludge. hazardous waste from conditionally exempt small auantiw generators, and nonhazardous industrial solid waste. See Virginia Solid Waste Management Regulations tVR 672-20-10 ) for further definitions of these terms. Smoke means small .~as-borne particulate matter consistinE mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible pltLme. Special incineration device means a pit incinerator, conical or tel~ee burner, or any other device specifically desikmed to provide good combustion performance, Sec. 9-22. Prohibitions on open burning. (a) No owner or other 12erson shall cause or permit ol3en burnin! or the use of a special incineration device for disposal of refuse except as provided in this ordinance__ 20 (b} No owner or other person shall cause or permit open bumin~ or the use of a spedal incineration device for disposal of rubber tires, asphaltic materials, crankcase oil impre~rnated wood or other rubber or petroleum based materials except when conductin~ bona fide tire fi~htin~ instruction at fire fightin~ training schools having permanent fadlities. (c) No owner or other person shall cause or permit open burnin.~ or the usc of a special incineration device for disposal of hazardous waste or containers for such matetials. (d/ No owner or other person shall cause or permit open burnin~ or the use of a special incineration device for the purpose of a salva!e 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 iniunes which may result from such conduct; nor does it excuse or exempt any owner or other person from comvlving with other applicable laws. ordinances, re..eulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard spedal attention should be directed to § 10.1- 1142 of the Forest Fire Law of Virginia, the re,relations of the Virginia Waste Management Board. and the State Air Pollution Control Board's Re~dations for the Control and Abatement of Air Pollution. (f) Upon dedaration of an alert, warnin! or emergency sta.~e of an air pollution episode as described in Part VII of the Retulations for the Control and Abatement of Air Pollution or when deemed advisable bv the State Air Pollutio~ Control Board to vrevent 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 indneration device: and any in process burning or use of special incineration devices shall be immediately terminated in the desi.~nated air quality control re~ion. .Sec. 9-22.1. Exemptions. The followinl activities are exempted to the extent covered by the State Air Pollution Control Board s Regulations for the Control and Abatement of Air Pollution: 21 (a) open burnin~ for traininv and instruction of government and public fire fi.~hters under the supervision of the desienated official and industrial in-house firefighting De sonnel: (b) open bttming for camp fires or other fires that are used solely for recreational nttrposes, for ceremonial_ occasions, for outdo.or noncommercial preparation of food. and for warmin~ of outdoor workers: (c) open burnin.t for the destruction of any combustible liquid or gaseous material by burning in a flare or flare static !d). open burning for forest management and agriculture 0ractices approved bv the State Air Pollution Control Board: and (e) open burning, for the destruction of dassified military documents. Sec. 9-23. Permissible open burning. (.at Open buruinE is permitted for the disposal of leaves and tree, yard and garden trimmings located on the nremises of private orovertv, vrovided that the conditions are met: property and the burning takes place on the premises of the private 23 the location of the buruin.[ is not less than 300 feet from any occupied bufldin.t unless the occupants have tiven prior permission, other than a building located on the property on which the burning is conducted. (b) Open bttrnin.[ ~s permitted for the disposal of household refuse by homeowners or tenants, provided that the following conditions are met: 1_,. the burnin.~ takes place on the premises of the dwelling; animal carcasses~r animal wastes are not burned; garbage is not burned; (and) 22 4~ the location of the burnin~ is not less than 300 feet from any occupied building tmless 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 afiiacent street or public road. (el Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or tnodification of roads and highways. parking areas, railroad tracks, pipelines, power and communication lines, buildings or buildin.g areas, sanitary landfills, or from another clearing operations which may be approve~l by the fire official, provided the following conditions are inet: 1~ all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris oiles ar)r)roved bv the fire official; 2~_~. the material to be burned shall consist of brush, stmnps and similar debris waste and shall not include demolition material: 3~ the burnini shall be at least 500 feet from an occupied building unless the occupants have given prior permission, other than a buildin.~ located on the property on which the burning is conducted: 4~ the burning shall be conducted at the ~reatest distance practicable from highways and air fields. 5. the burninE shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being oroduced: 6_~ the burning shall not be allo~ved 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 vrevailin~ 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 under~ound fire hazard due to the presence of methane gas provided that the following conditions are met: 23 1~ the burning shall tal~e place on the premises of a local sanitary landfill which meets the provisions of the re~tdarions 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 iarden trimmings, dean burning construction waste, clean buruin~ debris waste, or clean burning demolition waste: 4~ all reasonable effort shall be made to minimize the amount o~ material that is brained 5~ no materials mac be burned in violation of the regulations of the Virkdnia Waste Management Board or the State Air Pollution Control Board. The exact site of the burnin~ on a local landfill shall be established in coordination with the regional director and the fire official; no other site shall be used without the approval of these offidals. The fire official shall be notified of the days durin,~ which the burning will occur. (e) Section 9-23(a) through (d) notwithstanding, no owner or other person shah cause or permit open burning or the use of a special incineration device during Iune. lulv, or Auexist, Sec. 9-24. Permits__ (a) When open burning of debris waste (Section 9-23(c)) or open burning of debris on the site of a local landfill (Section 9-23(d) is to occur within Albemarle County, the person responsible for the burning shall obtain a oermit from the fire official prior to the burning. Such a permit may be granted mzlv after confirmation by the fire official that the burning can and will comt~lv with the orovisions of this ordinance and any other conditions which are deemed necessary to ensure that the burnin.i 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 burnin! or for a specific period of time deemed appropriate by fire official__ 24 (b) Prior to the initial installation (or reinstallation, in cases of relocation) and operation of spedal indneration devices, the person responsible for the burning shall obtain a permit from the fire official, such permits to be ~anted only after confirmation by the fire official that the bmmin~ 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 official to ensure that the operation of the devices will not endaneer the vublic health and welfare. Permits ~ranted for the use of special incineration devices shall at a minimum contain the followine conditions: L 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 oulvwoo& 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 burnint shall be at least 300 feet from any occupied buildint, tmless the occupants have .riven vrior ~ermission. other than a building located on the property on which the burning is conducted: burning shall be conducted at the greatest distance 9racticable from highways and air fields. If the fire official 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 bumin~ shall be attended at all times and conducted to ensure the best possible combustion with a minimurn of smoke being produced. Under no circumstances should the burning be allowed ro smoldez beyond the minimum per/od of time necessary for the destruction of the materials: 5~ The burning shall be conducted only when the prevailine winds are away from any city, town or built-up area;. 6=~ The use of special incineration devices shall be allo~ved only for the disposal of debris waste, clean burnint construction waste, and dean burning demolition waste: and 7~ Permits issued under this subsection shall be limited to a soecific period of time deemed approvriate bv the fire official. 25 (c) An apolication for a oermit under Section 9-24(a) or %24(b) shall be accompanied by a nrocessin~ fee as set forth in the fee schedule maintained by the fire official, as may be amended from time to time. Sec. 9-25. (b) Penalties for violation. Any violation of this ordinance is punishable as a Class I misdemeanor. Each separate incident may be considered a new violation. The fire official shall enforce the terms and conditi ns of this ordinance__ 26 RESOLUTION WHEREAS, the Board of Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia Statewide Fire Prevention Code as set forth in Section 9-4 of the Albemarle County Code; and WHEREAS, the Board of Supervisors is authorized by Virginia Code Section 27-98 to establish such procedures or requirements as may be necessary for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and WHEREAS, the Board of Supervisors is authorized by Virginia Code Section 27-98 to levy fees in order to defray the cosu of such administration, enforcement and appeals. NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby adopts the following fee schedule, which shall be administered by the County Fire Official and his authorized Assistants. FEE SCHEDULE FEE SECTION FIRE CODE REFERENCE $125.00 per job Open Burning F-403.4 For the burning of land clearing debris 3 inches in diameter in size or greauer such as, brush, stumps, and other clean wood, uo be burned at ~he site at which it was generated. Permits are to be issued to the Contractor performing the work and shall include the Name of the contractor, the contractor's agent who will be responsible for the operation, a day time, night time and an emergency, phone number. The permit shall be issued for a specific location at the job site and may be moved at the direction of the Fire Prevention Office only. The duration of the permit shall not exceed 60 days. $50.00 per use Bonfires F-403~8.2 Issued to the owner of the land upon which the bonfire is uo be kindled° Fire is utilized for $50.00 per job $50.00 annual $50.00 per job $50.00 annual $50.00 annual ceremonial purposes only. Duration 3 hours. Permit or dates specified only. Size 5'X5'XS' to be valid for the date Torches for Removing Paint F-404.2 A permit to use a torch or other flame-producing device to remove paint from any building or structure in the County by any contractor shall be secured from the Fire Prevention Office prior to the operation taking place. The duration of the permit shall be 30 days and shall require the Fire Prevention Office uo be notified by the contractor on each day a torch is to be used at the site. Airports, Heliports and Helistope F-801.2 For the operation of any public airport, heliport, helistop, or aircraft hanger within the County. Refinishing of Pins or Lanes at Bowling Establishments F-901.2 For the application of any flammable liquid or material involved in the refinishing of bowling pins or the resurfacing of the bowling lanes at any bowling establishments within the County. Crop-Ripening and Coloring Processes F-1001.2 For equipment and operations for the process of coloring or ripening crops in any tightly closed room including those processes where ethylene gas may be introduced into the room to assist in these processes, within the County. Dry Cleaning Plants F-1101.2 For the equipment, processes, and operation of cleaning plants within the County. The permit shall prescribe the type of sysuem to be used. dry 2 of 11 $50.00 annual $50.00 annual S50,00 per job $125.00 annual $50.00 annual $50.00 per job Dust Explosion Hazards F-1201.2 For the operation of any grain bleacher or elevator; flour, starch or feed mill; malt house; wood flour manufacturing plant; or any plant that pulverizes aluminum, coal, cocoa, magnesium, spices, sugar or other material that produces dust. Flammable Spray and Dipping Operations F-t301.2 For the application of any flammable or combustible finish by spraying or dipping that applies more then 1 gallon of finish in one working day, within the County. Fumigation and TherauaI Insecticidal Fogging F-t401.2 For any fumigation or thermal insecticidal fogging within any building in the County. Hazardous Production Materials Facilities F-1501.2 For the storage, handling, and usage of hazardous production materials within any building in the County. Lumber Yards and Woodworking Plants F-1601.2 For the storage, operations of lumber yards, and woodworking plants in which more than 100,000 board feet (236 m3) of lumber is stored or used. Tents and Air-Supported Structures F-2001.2 For the use of a tent or air-supported structure in excess of 900 sq. ft. (84 m2) and used for the gathering of more than 50 people in the County. A permit non to exceed 180 days shall be issued. 3 of 11 $50.00 annual $50.00 annual $75.00 annual $75.00 annual Vehicle-Wrecking Yard, Junk Yards and Waste Material-~andling Plants F-2102.1 To conduct or mazntain equipment, processes and operations of vehicle-wrecking yards, junk yards and wasne material-handling plants within the County. Material Storage F-2103.1 Required for storage located in any~-structure or on any premises of more than 2500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials. Welding or Cutting, Calciu~ Carbide and Acetylene Generators F-220!.2 For those companies, copartnership's, corporations or owner-operators who weld or cut with gas, electric arc or flammable liquid or any combination thereof, outside of areas approved for this purpose. This shall not be construed as requiring a permit for each welding or cutting job location, but does require those who possess the permit to notify the Fire Prevention Office in advance of where such work is to take place. Exception is in the case of an emergency call which does not allow time for notification. Gas Welding and Cutting Operations Cylinder or Container Storage F-2205.2 To store cylinder or containers used zn conjunction with welding or cutting operations when more than2,000 cubic feet (56 m3) of flammable compresses gas other than liquefied petroleum gas, 300 pounds[!36.20 kg) of liquefied petroleum gas, or 6,000 cubic feet (168 m3) of non-flammable compressed gas within the County. 4 of 11 $75.00 annual $75.00 annual $125.00 annual $75.00 annual $75.00 annual $75.00 annual $125.00 annual Calcium Carbide Systems F-2207.t For the storage or possession of calcium carbide in excess of 200 pounds (91 kg). Acetylene Generators F-2208.1 For the operation of an acetylene generator having a carbide capacity exceeding 5 pounds (2.27 kg). Hazardous Materials and Chemicals F-2301.2 For the storage, usage, handling, or dispensing of hazardous materials and chemicals as indicated in Chapters 24 through 43 of the Statewide Fire Prevention Code. The required permitted quantities shall be as indicated in the referenced Chapters. Aerosol Products F-2401.2 To store, and sell for retail display of any level 2 and 3 aerosol product exceeding a net weight of 500 lbs (227 kg). Cellulose Nitrate (pyroxylin) Plastics F-2501.2 For all retailers, jobbers, and wholesalers storing or handling more than 25 pounds (11.35 kg.) of product; for storage, handling, and processing operations involving cellulose nitrate film in excess of 25 pounds (11.35 kg). Combustible Fibers F-2601.2 To store or handle combustible fibers in amounts in excess of 100 cubic feet (2.80 m3). Compressed Gases F-2701.2 TO store, handle, or use at normal temperature and pressure more than 750 cubic feet (21 m3) of flammable compressed gas, or 6,000 cubic feet 5 of 11 $125.00 annual $125.00 annual $250.00 annual $150.00 annual $100.00 per job (168 m3) of non-flammable compressed gas, and any quantity of highly toxic or toxic compressed gas. Corrosives F-280t.2 For storage and use of any corrosive materials exceeding 1000 lbs. (454 kg) of solids, 110 gallons (0.42 m3) of liquids, or 810 cubic feet (23 m3) o~ gases. Cryogenic Liquid F-2901.2 To produce, store, or sell any cryogenic liquid; or store a non-flammable, nontoxic cryogenic liquid in quantities greaner than 500 gallons (1.89 m3); or store or use more than 10 gallons (0.0379 m3) of liquid oxygen, flammable cryogenic liquids or cryogenic oxidizers. Explosives, Ammunition and Blastinq Agents P-3001.2 Manufacture, Sell, or Operate a Terminal To manufacture, sell, (wholesale or retail) or operate a terminal which handles explosives or blasting agents. Store, Possess, or Otherwise Dispose of Explosives or Blasting Agents To snore, possess, or oEherwise dispose of explosives in connection with operations involving blasting. This will include, but not be limited to, company yards or storage sites a5 job locations within the County. Use of Explosives or Blasting Agents To use explosives or blasting agents au any projecn site. The permit shall specify at each locauion the type and extent of blasting to be 6 of 11 $250.00 annual $50.00 plus per job S75.00 annual per stand $50.00 per job performed. Duration shall not exceed 30 days from date of issue. Fireworks F-310!.2 Fireworks - Wholesale To sell Class C Fireworks uo stands or business within the County. Bond or Insurance required in an amount specified by the Fire Prevention Office, but in no case shall it be less than One Million Dollars ~$1,000,000). ---- Fireworks - Public or Private Displays $25.00 for each additional date or location one wishes to display or discharge fireworks for ceremonial, sporus, fairs or amusemenu purposes. Before issuance of a permit, a bond in the amounu specified by the Fire Prevention Office shall be furnished for the paymenu of any and all damages which may be caused either to person or persons or to property as the result of any permitted display. Fireworks Retail Sales to Public To sell, offer for sale, expose for sale, store awainlng sale, at any retail stand or business in the County, of any Virglnza approved Class C fireworks. Insurance or bond required, in an amount specified by the Fire Prevention Office but in no case shall the bond be less than $500,000.00. Flammable and Co~ustible Liczuids F-3201.2 Removal, Repairt Modify, Alter and Abandon F-3201.2,t Plus 25.00 for each additional tank. To remove, repair, modify, alter or abandon any stationary tank for the storage of flammable or combustible 7 of tl $50.00 annual $75.00 annual S125.00 annual $125.00 annual liquid, or any line or dispensing device connected thereto. Storage F-3201.2,3 To store, handle, or use any flammable or combustible liquid in tanks or containers in excess of 25 gallons (0.0189 m3)in a building and in excess of 60 gallons outside of a building. EXCEPTIONS: this section shall not apply to storage in connection with farming operations or uo storage-at a single-family dwelling unit, used for private vehicle with a tank size less than 500 gallons in size. Nor shall it apply to fuel tanks of a mouor vehicle, aircrafu, motorboat, mobile power plant or mobile heating plant. Also it shall nou apply to storage or usage of paints, oils, varnishes or similar mixtures when stored in connection with painting or maintenance operations for periods not exceeding 30 days. To manufacture, process, blend or refine any flammable or combustible liquid. Flammable and Combustible Liquids F-3201.2,4 To manufacture, process, blend or refine any flammable of combustible liquid° Flammable Solids F-3301.2 For the suorage, use and handling of more than 125 lbs (56.8 kg) of flammable solid. Highly Toxic and Toxic Solids and Liquids F-3401.2 To store, use or handle any highly toxic material in any quantity and any toxic material exceeding 500 lbs (227 kg) of solid or 50 gallons (0.i9 m3) of liquid. 8 of 11 $125.00 Irritants, Sensitizers and annual Health Hazards $125.00 annual $125.00 annual $125.00 annual $125.00 annual F-350t.2 For the storage, use or handling of irritants, sensitizers or other health hazard materials exceeding 1,000 lbs (454 kg} of solids, 100 gallons (0.38 m3) of liquids and any amount of gas. Aggregate quantity shall be such that the sum of the ratios of the actual quantity of each state of material divided by the allowable quantity of each state of material shall not exceed one. Liquefied Petroleum Gas F-3601.2 For the Bulk storage of LPG zn containers exceeding a water capacity of 2000 gallons, used mn conjunction with both wholesale and retail sales of LPG or used in conjunction with the fueling operatmons, both full servmce and self- servmce, of Motor vehicles. Exceptions: Any LPG container used to fuel, motor vehicles, or other equipment in c~njunction with farming operations installed on a private farm. Organic Peroxides F-3701.2 For the storage, use or handling of any quantity of unclassified detonable, class I or II organic peroxides and more than 25 lbs (11.4 kg) of class III organic peroxides. Liquid and Solid Oxidizers F-3801.2 For the storage, use or handling of any quantity of class 3 and 4 oxidizers; more than 50 lbs (23 kg) of class 2 oxidizers; and more than 200 lbs (91 kg) of class 1 oxidizers. Pesticide Storage F-3902.1.1 For the storage of any class I or II pesticides in portable containers, stored both inside and 9 of 1I $125. O0 annual $125.00 annual $125.00 annual $125.00 annual $5.00 plus outside, POISON, label. which are identified by the signal words: DANGER,- DANGER or POISON printed on the Pyrophoric Materials F-4001.2 For the storage, use or handling of any amount of pyrophoric material. Radiu~ or other Radioactive Material F-4101.2 To snore, handle or install more than one microcurie of radium not contained mn a sealed source or more than one millicurie of radium or other radioactive material mn a sealed source or sources, or any amount of radioactive material which requires a specific license from the U.S. Atomic Energy Commission in accordance with nationally recognized good practice. Unstable (Reactive) Material F-4201.2 For s5orage, use or handling of any quantity of class 3 or 4 unstable (reactive) materials; More than t0 lbs (4.5 kg) of class 2 unstable (reactive) materials; More than 25 lbs (11.4 kg) of class 1 unstable (reactive materials. Water-Reactive Material F-~301.2 For the storage, use or handling of any quantity of class 3 water-reactive materials and 100 lbs 945 kg)of solids and 10 gallons (0.038 m3) of liquids of class 2 water-reactive materials. OTHER FIRE RESCUE ~ INSPECTION RELATED FEES Fire Incident/Investigative Reports $1.00 for each additional page after the first page for formal written requesns for departmental reports and associated materials collected as a 10 of 11 $5 · O0 $5.00 plus result of a fire or other activities for which personnel were required to complete a written report. E~vironmental Assessment/Underground Storage Tank Survey Requests For all requests for information regarding environmental assessmenE studies. Photographic Requests $.50 For each photo requested to be sent. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of to on 1996. Clerk, Board of County Supervisors feesched, res 11 of 11 Option #2 Draft November 26, 1996 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9. FIRE PROTECTION, ARTICLE IV, BURNING OF BRUSH, ETC. OF THE CODE OF ~FHE COUNTY OF ALBEMARLE. VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle. Virginia. that Chapter 9. Fire Protection, Article IV, Burning of Brush, etc. is hereby amended and reordained, as follows: By Amending: Artide IV By Repealing: Section 9-21 Section 9-22 Section 9-22.1 Section 9-23 Section 9-23. I Section %23.2 Section 9-23.3 Section %24 Section 9-25 Section 9-26 Section 9~27 By Adding New: Burning of Brush. etc. Precautions required tO prevent spread of fire. Limitation on hour of burning between March I and May 15. Limitation of burning of leaves between October 1 and March 1. Liability for causing forest fire. Authority of county fire official. Petitions to ban burning in designated areas. Adoption of regulations of state air pollution control board. Violations; penalties. Construction of article. Leaf burning prohibited in certain areas. Open burning prohibited in certain area. Section 9-21 Tide. Section 9-21.1 Section 9-21.2 Section 9-22 Section 9-22.1 Section 9-23 Section 9-24 Section 9-25 Purpose. Definitions, Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violations. Op lng Artide IV. en Air Bum 9-21. 9-21.1 9-21.2 9-22. § 9-22.1. § 9-23. § 9-24. § 9-25. ,~u ...... ~ ........ }, ........... Title PttrDose. Definitions. Prohibitions on open burning. Exemptions. ~,.o***~y .~ ~=~°*-s *~*~°[ **~°' ermiss e ot)en ny. V, ..... or~, ~,.na; ..... Permits. " ........ :~- ~ ~'~:~ Penalties for violation. Article IV. Open Air Burning ~r '~--~- ~ 2 ~ ............................ na~, ........... upon 3 (b) ............. ~s ........................ ~8c 14zL~, Sec. 9-21. Title. This article shall be known as the Albemarle County Ordinance for the Re.~ulation of Open Burning. Sec. 9-21.1. Purpose. Tile DUrDose of this article is to Drorect public health, safety, and welfare bv re~ulatine oven burnine within Albemarle Cotmw to achieve and maintain, to the ~reatest extent practicable, a level of air quality that will provide comfort and convenmnce while promotin. E economic and social develovment. This article is intended to suvvlement the applicable regulations promuleated bv the State Air Pollution Control Board and other applicable re.k, ulations and laws. Sec. 9-21.2. Deft tions. For the purpose of this article and subsequent amendments or any orders issued by Albemarle County, the words or phrases shall have the meanint ~ven them in this section. Automobile graveyard means any lot or place which is exposed to the weather and uvon which more than five motor vehides of any idnd, incapable of bein~ operated, and which it would not be economicallv practical to make operative, are placed, located or found. 6 Clean burning waste means waste which does not produce dense smoke when burned and is not prohibited to be burned trader this ordinance. Construction waste means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber. ~vire. sheetrock. broken brick, shingles, glass, oit)es, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empw containers for such material s. Paints. coatings, solvents, asbestos, any liouid, compressed gases or semi- liquids, and earbaffe are not construction wastes and the disvosal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. Debris waste means stumps, wood. brush, and leaves from land clearinv operations. Demolition waste means that solid waste which is produced by the destruction of structures and their foundations and includes the s_ame materials as construction waste, Garbage means rotting animal and vegetable matter accumulated bv a household in the course of ordinary day to day living. Hazardous waste means refuse or combination of refuse which, because of its ouantitv, concentration or physical, chemical or infectious characteristics may: 1. cause or szenificantlv contribute rD an increase in mortaliw or an increase in serious irreversible or incapadtatin~ illness; or Dose a substantial present or potential hazard to human health or the environment when imvroverlv treated, stored, transported, disposed, or otherwise managed. Household refuse means waste material and trash normally accumulated bv a household in the course of ordinary day to day living. Industrial waste means all waste t~enerated on the oremises of manufactunn~ and industrial operations such as. but not limited to, those carried on in factories, processin~ plants, refineries, slaughter houses, and steel mills. 7 [unkvard means an establishment or place of business which is maintained. operated, or used for storing, keeping, buying, or selling rank. or for the maintenance or operation of an automobile Eravevard. and the term shall include garbage dumvs and sanitary fills. Landfill means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See Virginia Solid Waste Mana,gement Regulations (VR 672-20-10) for further definitions of these terms. Local landfill means any landfill located within the iurisdiction of a local government. Open burnint means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosvhere without passing through a stack, duct or chimney. Open pit incinerator means a device used to burn waste for the primary Dumose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an any. le across the tot) of a trench or similarly enclosed space, thus reducing the amount of combustion bvoroducts emitted into the atmosphere. The term also includes trench bttrners, air curtain destructors and over draft incinerators. Refuse means trash, rubbish, garbage and other forms of solid or liouid waste, indudinE, but not limited to. wastes resultin~ from residential, a~icultural, commercial, industrial, institutional, trade, construction, land tearing, forest management and emergency operations. Salvaee operation means any operation consisting of a business, trade or industry Darticiuating in salvaging or reclaiming any product or material, such as. but not limited to. ret~rocessing of used motor oils, metals, chemicals, shiDt)ln~ containers or drums, and sr)ecificallv including automobile graveyards and iunkvards, Sanitary landfill means an enmneered 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 ~)resent or potential hazard to hmnan health or the environment. A sanitary landfill also may receive other trues of solid wastes, such as commercial solid waste, nonhazardous sludge. hazardous waste from conditionally exempt small quantity generators, and 8 nonhazardous industrial solid waste. Sec Virginia Solid Waste Management Regulations (VR 672-20-10/for further definitions of these terms. Smoke means small gas-borne varticulate matter consistin~ mostly but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. Special incineration device means a pit incinerator, conical or teoee burner, or any other device specifically desiened to vrovide ~ood combustion verformance. Sec. 9-22. Prohibitions on vt)eh burninq. (&) No owner or other verson shall cause or permit oven bumine or the use of a special incineration device for disvosal of refuse excevt as vrovided in this ordinance_ ~ No owner or other verson shall cause or vermit oven burning, or the use of a soecial incineration device for disposal of rubber tires, asphaltic materials, crankcase oil imvreenated wood or other rubber or petroleum based materials excevt when conductine bona fide tire fi~htin~ instruction at fire fiehtin~ tralnin~ schools havinE permanent facilities. (C) No owner or other oerson shall cause or permit open bumin~ or the use of a svecial incineration device for disvosal of hazardous waste or containers for such materials. (0) No owner or other verson shall cause or vermit open burnint or the use of a soecial incineration device for the purpose of a salvate overation or for the disposal of commercial/industrial waste. (e) Oven burnine or the use of special incineration devices permitted under the vrovisions 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 complvin~ with other avvlicable laws, ordinances, rekmlations and orders of the ~overnmental entities havine iurisdiction, even thouEh the oven burnin~ is conducted in compliance with this ordinance, In this reEard special attention should be directed to § 10.1- 1142 of the Forest Fire Law of Vironia. the retmlations of the Virmnia Waste ManaEement Board, and the State Air Pollution Control Board's Reeulations for the Control and Abatement of Air Pollution. 9 (f) Upon declaration of an alert, warning or emergency state of an air pollution episode as described in Part VII of the Reoulations for the Control and Abatement of Air Pollution or when deemed advisable by the State Air Pollution Control Board to prevent a hazard to. or an tmreasonable burden ut)on, t)ublic health or welfare, no owner or other ~erson shall cause or permit vt)eh burning or use of a special incineration de~Sce; and any in t)rocess burning or use of suecial incineration devi~es shall be immediately terminated in the desi_m~ated air oualitv control region. Sec. 9-22.1. Exemptions. The following activities are exemt)ted to the extent covered by the State Air Pollution Control Board's Re,relations for the Control and Abatement of Air Pollution: lad open burnint~ for training and instruction of ~overrm~ent and public fire fighters under the supervision of the desitmated official and industrial in-house firefightine9ersonnel: (b) open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial pret)ararion of food. and for warming of outdoor workers: (c,.). open burning for the destruction of any combustible liquid or ~aseous. material bv burning in a flare or flare stack (.d) ot>en burning for forest management and agriculture practices a~uroved by the State Air Pollution Control Board: and (e) ot)en burning for the destruction of classified military documents, Sec. 9-23. Permissible onen burning. (a) Open buminv is vermitted for the disDosal of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the conditions are met: t)rooertv: (and~ the bttrnin~ takes t)lace on the vremises of the private 2~. the location of the burning is not less than 300 feet from any I0 occupied building unless the occuuants have raven prior uermission, other than a building located on the property on which the burning is conducted; and 3~ no regularly scheduled uublic or private collection service for such trimmings is available at the adjacent street or public road. (b) Open burning is uermitted for the disuosal of household refuse by homeowners or tenants, urovided that the followin~ conditions are met: the burning takes ulace on the uremises of the dwelling: animal carcasses or animal wastes are not burned: garbaee is not burned: (and) 4~_:. the location of the burnine is not less than 300 feet from any occupied building uuless the occupants have given urior uermission, other than a buildin~ located on the urouertv on which the burnine is conducted: and 5~ no regularly scheduled uublic or private collection service for such refuse is available at the adiacem street or uublic road. LC) Open burninv is uermitted for disuosal of debris waste resulting from prouertv maintenance, from the development or modification of roads and hivhwavs. parking areas, railroad tracLs, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from another rearing ouerations which may be approved bv the fire official, provided the following conditions are met: 1_=. all reasonable effort shall be made to minimize the amount material burned, with the number and size of the debris piles a?proved by the fire official: 2 the material to be burned shall consist of brush, stumps and si~rdlar debris waste and shall not indude demolition material; 3~ the burning shall be at least 500 feet from an occupied building unless the occupants have given prior uermission, other than a building located on the uropertv on which the burning is conducted: 11 4__ the burninv shall be conducted at the ~eatest distance practicable from h~hwavs and air fields, & the burnint~ shall be attended at all times and conducted to ensure the best Dossible combustion with a minimum of smoke being produced; 6_~ the burninv shall not be allowed to smolder beyond the minimum veriod of time necessary for the destruction of the materials; and 7 the burninv shall be conducted only when the prevailin~ winds are away from anv cite. town or built-ur area. (d) O~en burninv is ~ermitted for disposal of debris on the site of local landfills provided that the burninv does not take nlace on land that has been filled and covered so as to present an tmdereround fire hazard due to the presence of methane vas nrovided that the followine conditions are met: i~ the burninv shall take olace on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board, 2~ the btrrninv shall be attended at all times; 3~ the material to be burned shall consist only of brush, tree trimmmes, yard and varden trimmines, dean burnine construction waste, clean burninv debris waste, or dean burnine demolition waste; 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 revulations of the Vireinia Waste Manaeement Board or the State Air Pollution Control Board. The exact site of the burninv on a local landfill shall be established in coordination with the reeional director and the fire official: no other site shall be used without the anvroval of these offidals. The fire official shall be notified of the days durine ~vhich the burnine will occur. 12 lei Section 9-23(a) through (dl notwithstandine, no owner or other verson shall cause or permit open burning or the use of a snecial incineration device durine |une. lulv. or August. Sec. 9-24. Permits. (a! When ooen burning of debris waste (Section 9-23~cB or ooen burning of debris on the site of a local landfill (Section 9-23(d/~ is to occur within Albemarle County, the person responsible for the bumine shall obtain a permit from the fire official prior to the bumine. Such a vermit may be. eranted .only after confirmation by the fire offidal that the bm-nine can and will comvlv with the r)rovisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the vublic health and welfare or to ensure comvliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The vermit may be issued for each occasion of bumin~ or for a svecific r)eriod of time deemed aoorooriate by fire official. (b) Prior to the initial installation for reinstallation, m cases of relocation) and operation of soedal indneration devices, the oerson resoonsible for the burning shall obtain a vermit from the fire offidaL such vermits to be trranted only after confirmation by the fire official that the burning can and will comvlv with the aovlicable vrovisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by the fire official to ensure that the ooeration of the devices will not endanger the public health and welfare. Permits eranted for the use of svecial 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 oulowood, 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 unlessthe occur)ants have given vnor oermission, other than a building located on the uror)ertv on which the burning is conducted; burning shall be 13 conducted at the greatest distance oracticable from highways and air fields. If the f'rre official determines that it is necessary to nrotect vublic health and welfare, he may direct that any of the above cited distances be increased. 4_~ The burnint~ shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being vroduced. Under no drcumstances should the burnine be allowed to smolder beyond the minimum vgriod of time necessary for the destruction of the materials. The burnin~ shall be conducted only when the vrevailine winds are away from any dW. town or built-up area. 6~ The use of special incineration devices shall be allowed only for the disposal of debris waste, dean burning construction waste, and clean burning demolition waste. 7_. Permits issued under this subsection shall be limited to a svecific period of time deemed aoorooriate by the fire official. {c~ An application for a vermit under Section 9-24(M or 9-24(b'1 shall be accompanied by a processine fee as set forth in the fee schedule maintained by the fire official, as may be amended from time to time. Sec. 9-25. Penalties for violation. (a) Any violation of this ordinance is vunishable as a Class I misdemeanor. (b). Each seoarate incident may be considered a new violation. The fire official shall enforce the terms and conditions of this ordinance. 14 Option #1 DRAFT: November 26, 1996 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9_ FIRE PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE. VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle. Virginia. that Chapter 9, Fire Protection, is hereby amended and reordained, as follows: By Adding New: Se~ion9-1 Se~ion9-2 Se~on9-4.1 Se~on9-4.2 By Amending: Section 9-3 Section 9-4 Section 9-7 Office of the Fire Marshal created. General precautions to prevent spread of fire. Definitions. Local appeals. Throwing inflammatory obiects from vehicles. Applicability of Statewide Fire Prevention Code.: Fire lanes. By Repealing: Section 9-1 Section 9-2 Burning of refuse, etc. near buildings and fences. Duty to extinguish fires built in open: liability for forest fires. Artide I. In General §9-1. ...... ~8 .......................... 8 .......... es. Office of the Fire Marshal created: annointment, oath and powers of the Fire Marshal and his det)uties. 6 9-2. 6 9-3. ,~,,.,,. **~***~ .v. ,v.~oL ***~o. General precautions to prevent spread of fire. .......... s ............... ~ vo~ ....... m vefudeo. Dama,kdn~ or ieopardizing property of another bv fire. Article II. Fire Prevention Code 6 9-4. 6 %4.1_ § 9-4.2 6§ 9-5, %6. 6 9-7. 6 9-8. Applicability Adoption of Virginia Statewide Fire Prevention Code. Definitions= Local appeals. Repealed. Fire lanes. Fire protection systems. Article IlL Fireworks 6 9-9. 6 9-10. 6 9-i1. § 9-12. 69-13. § %14. 6 %15. 69-16. § 9-17. 6 9-18. 6 9-19. 6 9-20. Purpose of artide. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Article not applicable to certain fireworks. Permits for public displays--Required. Same--Application. Same--Investigation; issuance or refusal. Same--Conditions. Same--Liability insurance or bond required. Same--Nontransferable. Disposal of unused fireworks after public diSplay. Sale. discharge, etc., prohibited in certain locations. Seizure and destruction of certain fireworks. ARTICLE I. IN GENERAL Sec. 9-1. ....... s v. ...... , ~., ............ % .... ~ ........ Office of the Fire Marshal created~ appointment, oath and powers of the Fire Marshal and his deputies. 2 (a) Pursuant to Section 27-30 of the Code of Virginia the Office of th~ Cotmtv Fire Marshal is hereby established. The Board of Supervisors shall appoint the fire marshal and such assistant fire marshals as the_Board deems necessary, pursuant to Section 27-36 of the Code of Virginia. (b) The fire marshal and his assistants shall, before entering upon their duties, take an oath. before any officer authorized to administer oaths, to faithfully discharge the duties of their offices. (c) The fire marshal and his assistants, in addition to such other duties as may be prescribed by law, shall be authorized to exercise all t)owers eranted pursuant to Section 27-34.2:1 of the Code of Virginia. (d) While any fire department or fire company is in the process of answerine an alarm or operating at an emergency incident where there is imminent daneer or the actual occurrence of fire or explosion, or the uncontrolled release of hazardous materials which threaten life or properw, or in other emereencv situations, the fire marshal and his assistants, or other officer in charge of such fire department or company at that time, shall have the authority to: .( 1 ) Maintain order at such emereencv incident or in its viciniW; (2) Direct the actions of the firefi~hters at the incident; (3t Notwithstandine the provisions of section 46.2-890 of the Code of Virginia. keep bystanders or other versons at a safe distance from the incident and emergency eauipment: (4) Facilitate the sneedv movement and oneration of emergency eonipment and firefiChters; ~5) Cause an investilarion to be made into the origin and cause of the incident: and 3 (6) Until the arrival of a police officer, direct and control traffic, in verson or by deputy, and facilitate the movement of traffic. The fire marshal or other officer in charEe shall disvlav his fire fighter's badge or other proper means of identification. (e) Notwithstanding any other provision of law, the anthoriW granted by this section shall extend to the activation of traffic control signals designed to facilitate the safe egress and in,ess of emergency equipment at a fire station. (f} Any person refusing to obey the orders of the fire marshal or his assistants, or other officer in charge at that time shall be .~miltv of a Class zi misdemeanor. The fire marshal and his assistants, or other officer in chart, e. shall have the authority to make arrests for violation of the provisions of this section. ( g_~} The authoriw granted trader the vrovisions of this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from verforming their normal duties when operatim, at such emergency incident. Personnel from the news media, when engar, ed in news-gathering activities may enter ar their own risk into the incident area oniv when the officer in charge has deemed the area safe and only into those areas of th incident that do not, in the opinion of the fire marshal or his assistants, or other offi( ~.r in charge, interfere with the fire department or rescue workers dealing with such emercencies, m which case the fire marshal or his assistants, or other officer in charge, may order such persons from the scene of the emergency incident -3-93 Cross Reference -- State law reference -- Code of Virkqnia. ~ 27-15.1 General orecautions to urevent spread of fire. Relocated from 9-21 and 9-22 (a) It shall be tmlawful for any owner or lessee of land to set fire to. or to procure another to set fire to, any woods, brash, logs, leaves, grass, debris or other inflammable material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully reared around the same. to prevent the spread of such fire to lands other than those owned or leased by him. It shall be unlawful for any employee, aeent, rer)resentative or licensee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such lands unless he shall have taken similar precautions to prevent the spread of such fire to any other land. (b) During the period beginning February 15 March 1 and ending Ar)ril 30 bee~M~tal of each year., even though the precautions required by section 9-2 9-21 have ben taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containmg dry grass or other inflammable material capable of spreading fire, located in or within five '&'ccc htmdred (5__gO0) feet of any woodland, brushland or field containing dry grass or other flammable material, except between the hours of 4:00 p.m. and 12.00 midnight. (c) The provisions of this section shall not apply to fires which may be set within the corporate limits of any incorporated town, nor to fires set on rights-of-way of r~ilroad companies by their duly authorized employees. Va. Code Section 10.1- 1142 (d) Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense. 5 Sec. 9-3. ieopardizin~ property of another bv fire. ia) It shall be unlawful and a Class 3 misdemeanor for any t~erson to intentionally or ne~li~endv set any woods or marshes on fire or set fire to any stubble, brush, straw or any other substance ca~able of s¢readin.v, fire on lands. whereby the property of another is damaged or out in !eomrdv. and in addition to any penalty which may be imposed for violation of this section, such t)erson shall be liable for the full amount of all expenses incurred in fivht'm~ the fire. For similar state law. see Code of Va., § 10-6¢.1 I0.1-1142. Article II. Fire Prevention Code. Sec. 9-4., ~rv ......... y Adoption of Vxrmma Statewide Fire Prevention Code. .......... s ................ y ...... v ........ Pursuant to section 27-97 of the Code of a o .........Lhc ...... - (4-1o-~/the Vir~nia State. de Fire Prevention Code. in its c~rent form and as amended in the future, is adopted by the County of Albemarle. excem as otherwise modified or amended in this article, and the same is hereby incom, orated fully by reference. This code shall be referred to in this chauter as the "fire prevention code." The fire official shall enforce the fire prevention code. 6 Sec. 9-4.1 Definitions. The f011owin~ words and terms used in the fire prevention code shall have the definitions ascribed tO them in this section: Fire official shall mean the Fire Marshal and/or his assistants. Jurisdiction shall mean the Counw of Albemarle. VirEinia. Legal counsel of the iurisdiction shall mean the county attorney or an attorney appointed by the board of supervisors to represent the cotmrv in legal matters. Sec. 9-4.2 Local ar)heals. Appeals concernin~ the application of the Fire Prevention Code shall be ~overned as follows: (a) The Albemarle County Building Code and Ar)Deals Board is hereby constituted as. and shall serve as the Albemarle Counw Fire Prevention Code Appeals Board. (b) The chairman and secretary of the Albemarle County BuildinR Code and Appeals Board shall serve in that same capacity for the Albemarle County Fire Prevention Appeals Board. (cl The fire offidal shall provide derical support to the Albemarle Counw Buildint Code and Appeals Board on matters pertaining to the fire prevention code within personnel and budEeting limits. (d) Appeals to the board may be made by any person agexieved bv any decision or interpretation of the fire official made under the provisions of the fire prevention code. (e~ Pursuant to Vir.m.'nia Code Section 27-98, the Board of Supervisors of Albemarle County hereby adovts a fee schedule in order to defray the costs of enforcement and appeals. This schedule may be revised from time to time bv resolution of the Board of Sunezvisors. and shall be maintained by the fire official. Secs. 9-5, 9-6. Repealed by ordinance adopted 4-13-88. 7 Sec. 9-7. Fire lanes. (a) The fire official may require both public and private fire lanes, as deemed necessary for the efficiency and use of fire and rescue apparatus. Fire lanes shall hay a m~nimum width of 18 feet. No verson shall stand or park a motor vehicle within any fire lane established and desitmated in a parkin[ lot or travel lane open to the public. (b) Designated fire lanes shall be free of obstructions, vehicles and marked in a manner prescribed by the fire official. (3-20-75) (c) All desitmated fire lane sip)as or marlcin~ shall be maintained in a dear and leEible condition at all times and replaced when necessary to ensure adequate visibiliw_:. (d] The County Police and the fire offidal shall have concurrent jurisdiction to enforce the provisions of this section, and each shall have the authority to issue parkin~ citations for any violation of this section. Parkint citations shall be provided by the Count~ (el Any police officer or the fire official who finds any vehicle in violation of this section shall also have the authority to remove such vehicle at the owner's risk and expense. This anthoritv shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interferin.~ with such emergency operations__ (f) Violation of this section shall be punishable by a twenw-five dollar { $25.00) fine. The contest of such fine any oerson shall be ~ovemed by the provisions of Section 12-8.2 of this Code. Sec. 9-8. Fire protection systems. (a) Any person or persons engaged in selling, servicing, testing, leasing, installing, inspecting, altering, modifying, repairing or removing any portable or fLxed fire protection, suppression or detection equipment and systems in the county shall be registered with and operated from a permit issued by the fire official. (b) Each registrant will provide the fire official with proof of adequate general liability insurance, including product or completed operations liability insurance, which will protect the public (both from property damage and personal injury) from 8 negligence of their persormel performing the aforementioned activities considering the nature and extent of the registrant's proposed activities. (c) Any person or persons engaged in the aforementioned activities shall demonstrate proof of qualification, in a manner prescribed by the fire official. (d) All servicing, inspection, testing, installing, altering, modifying, repairing, or removing of such equipment and systems, shall be done in accordance with the practices, standards, codes and requirements of the National Fire Protection Association. the Statewide Fire Prevention Code and Virginia Uniform Statewide Building Code and the orders of the fire official. (e) Failure to comply with this section shall be cause for revocation of the permit and shall be a violation of the Statewide Fire Prevention Code. (3-20-75; 4-13-88) Article IlL Fireworks. For state law as to fireworks generally, see Code of Va. §§ 59.1-142 to 59.1- 148. Sec. 9-9. Purpose of article. The purpose of this article is to provide administrative procedures for the regulation of the use and sale of fireworks. Sec. 9-10. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Except as otherwise provided in this article, it shall be unlawful for any person to transport, manufacture, store, sell. offer for sale, expose for sale. buy, use, ignite or explode any firecracker, torpedo, skyrocket or other substance or thing, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly know2~, as fireworks, and which explodes. rises into the air or travels laterally, or fires projectiles into the air. other than sparks. and other than those fireworks excepted under the promsions of section 9-1 I. ~Code 1967, § 10-4; 4-13-88) For state law basis of this section, see Code of Va.. § 59.1-142. 9 Sec. 9-11. Article not applicable to certain fireworks. The provisions of this article shall not apply to sparlders, fountains, Pharaoh's serpents, caps for pistols or pinwheels, commonly known as whirligigs or spinning iennies, when used or exploded on private property with the consent of the owner of such property; nor shall the provisions of this article apply to the use of fireworks by any railroad company for signal purposes or illumination; nor shall the provisions of this artide apply to the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. ICode 1967, § 10-5) For state law basis of this section, see Code of Va., §§ 59.1-146.59.1-147. Sec. 9-12. Permits for public displays--Required. Notwithstanding the other prowsions of this article, public displays of fireworks may be given by fair associations, amusement parks or by any orgardzarion or group of individuals in accordance with a permit from the fire official. It shall be unlawful for any person to hold. present or give any such public display of fireworks without first having obtained such a permit from the fire official. tCode 1967, § 10-6; 4-13-88) For state law as to authority to county to adopt this section, see Code of Va., § 59.1-144. Sec. 9-13. Same--Application. Any person desiring a permit required by section 9-12 shall make application therefor to the fire official at least thirty days prior to the date of such fireworks display. Such application shall be on forms provided by the fire official. The applicant shall furnish such information as mav be required, by the fire official. (Code 1967, § 10-7; 4-13-88) Sec. %14. Same--Investigation; issuance or refusal. Upon filing of an application for a permit required by section 9-12. the fire official shall make an investigation to determine whether the applicant is properly qualified to present a public fireworks display and whether such display can be held without danger to property or person. If the fire official is satisfied with the results of 10 such investigation, he shall issue the permit. If he is not satisfied with the results of such investigation, he shall refuse to issue such permit. (Code 1967. § 10-8; 4-13-88) Sec. 9-15. Same--Conditions. The fire offidal may spedfy, in any permk issued pursuant to section 9-12. any conditions which he shall deem necessary to protect persons and property. Such conditions may include, but shall not be limited to, the type of fireworks to be used in such display, the hours when such display may be presented_ required fire extinguishing equipment, the presence of trained firemen and policemen and any other requirement that the fire official may deem necessary. tCode 1967, § 10-9: 4-13-88/ Sec. 9-16. Same--Liability insurance or bond required. Each permittee under this article shall file with the fire offidal and a licensed insurance company evidence of a policy of liability insurance or a bond in an amount deemed adequate by the fire offidal and licensed insurance company for the payment of all damages which may be caused either to persons or to property by reason of the permitted display and arising from any acts of the pennittee or his agents, employees or subcontractors. (Code 1967, § 10-10: 4-13-88) Sec. 9-17. Same--Nontransferable. No permit issued pursuant to section 9-12 shall be transferable. (Code 1967, § 10-11) Sec. 9-18. Disposal of unused fireworks after public display. Any fireworks remaining unfired at the end of any public display shall be immediately disposed of in a way safe for that particular type of fireworks. ICode 1967. § 10-12) Sec. 9-19. Sale, discharge, etc., prohibited in certain locations. It shall be unlawful for any person, firm, corporation, organization or group to sell. offer for sale, store, display, manufacture, possess or discharge any fireworks within one hundred (100) feet of any gasoline pump, propane distribution tank. or 11 other inflammable liquid distribution pump or apparatus, except in a fully enclosed building where fireworlcs are permitted for such sale or use. Fully enclosed building shall not be construed to include any outdoor stands or other sim'dar structures that have been set up to sell, offer for sale. store or display any fireworks. iCode 1967. § 10-13; Ord. of 5-3-95) Sec. 9-20. Seizure and destruction of certain fireworks. Any law enforcement officer arresting any person for the violation of any provision of this article shall seize any article mentioned in section 9-10 which is in the possession of or under the control of the person so arrested, and shall hold the same until final disposition of any criminal proceedings against such person. If a iudgment of conviction is entered against such persons, the court shall_ in addition to any other penalty imposed, order destruction of such articles upon expiration of the time allowed for appeal of such iudgment of conviction. ¢Code 1967, § 10-14) For state law basis of this section, see Code of Va., § 59.1-143. 12 ~ ~ Option #1 > - November 26, 1996 /\ .d PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE. VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Fire Protection, is hereby amended and reordained, as follows: By Adding New: Section %1 Section 9-2 Section 9-4.1 Section 9-4.2 By Amending: Section 9-3 Section 9-4 Section 9-7 Office of the Fire Marshal created. General precautions to prevent spread of fire. Definitions. Local appeals. Throwing inflammatory obiects from vehicles. Applicability of Statewide Fire Prevention Code. Fire lanes. By Repealing: Section 9-1 Section 9-2 Bttrning of refuse, etc., near buildings and fences. Duty to exunguish fires built in open; liability for forest fires. Artide I. In General {}9-1 ,~u, .... s ~ ........ ~., ............ ~o Office of the Fire Marshal created: appointment, oath and powers of the Fire Marshal and his deputies. 6 9-2. § 9-3. ~,,,~y t,, General precautions to prevent spread of fire. }eopardizing orovertv of another by fire. Artide II. Fire Prevention Code 6 9-4. § 9-4.1 § 9-4.2 66 9-5.9-6. 6 9-7. § 9-8. Applicability Adoption of Virginia Statewide Fire Prevention Code. Definitions. Local appeals. Repealed. Fire lanes. Fire protection systems. Artide III. Fireworks § 9-9. § 9-10. § 9-11. 6 9-12. § 9-13. 6 %14. 6 9-15. 6 9-16. §9-17. §9-18. § 9-19. § 9-20. Purpose of artide. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Art/de not applicable to certain fireworks. Permits for public displays--Required. Same--Application. Same-Investigation; issuance or refusal. Same--Conditions. Same--Liability insurance or bond required. Same--Nontransferable. Disposal of unused fireworks after public display. Sale. discharge, etc., prohibited in certain locations. Seizure and destruction of certain fireworks. ARTICLE I. IN GENERAL Sec. 9-1. Fire Marshal created; appointment, oath and powers of the Fire Marshal and his deputies. 2 Iai Pursuant to Section 27-30 of the Code of Virginia the Office of the County Fire Marshal is hereby established. The Board of Supervisors shall appoint the .fire marshal and such assistant fire marshals as the Board deems necessary, pursuant to Section 27-36 of the Code of Virginia. (b) The fire marshal and his assistants shall, before entering upon their duties, take an oath. before any officer authorized to administer oaths, to faithfully discharffe the duties of their offices. (c) The fire marshal and his assistants, in addition to such other duties as may be prescribed bv law, shall be authorized to exercise all powers granted pursuant to Section 27-34.2:1 of the Code of Virgima. (d) While any fire department or fire company is in the process of answerine an alarm or operating at an emergency inddent where there is imminent dan?~r or the actual occurrence of fire or exolosion, or the uncontrolled release of hazardous materials which threaten life or vroperrv, or in other emelg, encv situations, the fire marshal and his assistants, or other officer in charg, e of SUch fire department or company at that time, shall have the authority to: (1). Maintain order at such emergency incident or in its vicinity; (2) Direct the actions of the firefit~hters at the inddent; (3). Notwithstanding the pro_visions of section 46.2-890 of the Code of Virginia keep bystanders or other persons ar a safe distance from the incident and emergency equipment (4) Fadlitate the speedy movement and operation of emergency equipment and firefi.ghters: Cause an investigation to be made into the origin and cause of the incident; and 3 (6.) Until the arrival of a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. The fire marshal or other officer in charge shall display his firefi~hter's badge or other proper means of identification. (e~ Notwithstandine any other provision of law, the authority granted by this section shall extend to the activation of traffic control si..tmals designed to facilitate the safe e.gress and ingress of emergency eaui~ment at a fire station. (f) Any person refusinff to obey the orders of the fire marshal or his assistants, or other officer in charge at that time shall be gsfiltv of a Class 4 misdemeanor. The fire marshal and his assistants, or other officer in charge, shall have the authority to make arrests for violation of the provisions of this section. Lg~ The authotitv ~ranted under the provisions of this section may not be exercised to inhibit or obstruct members of law-enforcement a~encies or rescue squads from performing their normal duties when operatint at such emergency incident. Personnel from the news media when engaged in news-gathering activities, may enter at their owa~ risk into the incident area ontv when the officer in charge has deemed the area safe and oBlv into those areas of the incident that do not, in the opinion of the fire marshal or his assistants, of other officer in charge, interfere with the fire department or rescue workers dealin~ with such emergencies in which case the fire marshal or his assistants, or other officer in charge may order such persons from the scene of the emer[encv incident. (11-3-93) Cross Reference -- State law reference -- Code of Virginia, § 27-15.1 General precautions to prevent_ spread of fire. Relocated from 9-21 and 9-22 (a) It shall be unlawful for any owner or lessee of land to set fire to, or to procure another to set fire to, any woods, brash, logs, leaves, grass, debris or other inflanmmble material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the san~e or carefully cleared around the same, to prevent the spread of such fire to lands other than those owned or leased by him. It shall be unlawfifl for any employee, agent, revresenrative or licensee of any such owner or lessee of land to set fireto or to procure another ro set fire to any woods, brash, logs, leaves, grass, debris or other inflammable material upon such lands unless he shall have taken similar precautions to prevent the spread of such fire to any other land. (b) During the period .beginning February 15 March i and ending April 30 .... y 15 of each year, even though the precautions required by section 9-2 9-21 have been taken, it shall be tmlawful for any person to set fire to, or to procure another to set fire to, any brash, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within five three hundred (5__8001 feet of any woodland, bmshland or field containing dry grass or other flammable material, except between the hours of 4:00 p.m. and 12.00 midnight. (c) The provisions of this section shall not apply to fires which may be set within the corporate limits of any incorporated town. nor to fires set on rights-of-wa)- of railroad companies by their duly authorized employees. Va. Code Section i 0.1- 1142 (d) Any person violatin~ any provisions of this section shall be ._.euiltv of a Class 3 misdemeanor for each separate offense. 5 Sec. 9-3. · .,.,.,.,o,.,,~,.,8 *,.,,~,..,.,.t,,,,.o.,...,.y ,o~q,,.,,-,.o ,~..,*** ,,,..,.,,.,,.,.~,:,_ Oamagln~ or ieovardizine t)ropertv of another by fire. (a) It shah be unlawful and a Class 3 misdemeanor for any person to intentionally or negligently set any woods or marshes on fire or set fire to any stubble, brush, straw or any other substance capable of spreading fire on land~, whereby the properW of another is damaged or put in jeopardy, and in addition to any venalw which may be imposed for violation of ~his section, such person shall be liable for the full amount of all exuenses incurred in fithtint the fire. For similar state law, see Code of Va., § 10-65.1 10.1-1142. Article II. Fire Prevention Code. Sec. 9-4. ~ ~ppAcav~.ky Adoption of Vir.ginia Statewide Fire Prevention Code. of housing and ........ ............. 2 ...... ~, ........ Pursuant to section 27-97 of the Code of ...... . ......................... ~ ............ 8 t etlon f life an ...... , ....... ~ .......... r ~p ........ g ............. p~o~,~ t~ section 27 ~_ ~, ~ :_ ,~ ~ ~m ~ of ,k ~ c: .... c~ ~:~ ~ the Virginia State, de Fire P~evention Code, in its cu~ent form and as amended in the fntur~, is adopted by the CounW of ~bemafle, except as othe~se modified or amended in this article, and the same is hereby inco~orated fulN by reference. This code shall be referred to in thia chapter as ~e "fire prevention code." The fire offidal shall enforce the fire prevention code. 6 Sec. 9-4.1 Definitions. The following words and terms used in the fire prevention code shall have the definitions ascribed to them in this section: Fire official shall mean the Fire Marshal and/or his assistants. Jurisdiction shall mean the County of Albemarle, Virginia. Legal counsel of the jurisdiction shall mean the county attorney or an attorney appointed by the board of supermsors to represent the county in le,ga! matters. Sec. 9-4.2 Local avneals~ Appeals concerning the application of the Fire Prevention Code shall be governed as follows: (al The Albemarle C0untv Building Code and Appeals Board is hereby constituted as, and shall serve as the Albemarle County Fire Prevention Code AppenN Board. (bi The chairman and secretary of the Albemarle County Buildin,~ Code and Appeals Board shall serve in that same capacity for the Albemarle County Fire Prevention Appeals Board. (c) The fire offidal shall provide derical support to the Albemarle County Building Code and Appeals Board on matters pertaining to the fire prevention code within personnel and budgeting limits. (d) Appeals to the board may be made bv any person aggrieved by any decision or interpretation of the fire official made under the provisions of the fire prevention code. {el Pursuant to Virginia Code Section 27-98, the Board of Supervtsors of Albemarle County hereby adopts a fee schedule in order to defray the costs of enforcement and appeals. This schedule may be revised from time to time by resokttion of the Board of Supervisors, and shall be maintaS~ned by the fire official. Secs. 9-5, 9-6. Repealed by ordinance adopted 4-13-88. Sec. 9-7. Fire lanes. (a) l'he fire official may require both public and private fire lanes, as deemed necessary for the efficiency and use of fire and rescue apparatus. Fire lanes shall hav~ a minimum width of 18 feet. No person shall stand or.park a motor vehicle within any fire lane established and desi.kmated in a parking lot or travel lane open to the public. (b) Designated fire lanes shall be free of obstructions, vehides and marked in a manner prescribed by the fire official. (3-20-75) (c) All desi..treated fire lane sirras or markine shall be maintained in a dear and legible condition at all times and replaced when necessary to ensure adequate visibiliW__ (d) The County Police and the fire offidal shall have concurrent Jurisdiction to enforce the provisions of this section, and each shall have the authotiW to issue parkin~ citations for any violation of this section. Parkir[~. citations shall be provided by the County. (e) Any police officer or the fire offidal who finds any vehide in violation of this section shall also have the authoritv to remove such vehide at the owner's risk and expense. This anthoritv shall extend to any fire or rescue officer in charge of a fire or rescue overation who finds any such violation to be interferin~ with such emer.!encv operations. (f) Violation of this section shall be punishable by a twenty-five dollar ($25.00) fine. The contest of such fine any person shall be eoverned by the provisions 9f Section 12-8.2 of this Code. Sec, 9-8. Fire protection systems. (a) Any person or persons engaged in selling, servidng, testing, leasing, installing, inspecting, altering, modifying, repairing or removing any portable or fixed fire protection, suppression or detection equipment and systems in the county shall be registered with and operated from a permit issued by the fire official. (b) Each registrant will provide the fire offidal with proof of adequate general liability insurance, including product or completed operatmns liability insurance, which will protect the public {'both from property damage and personal injury) from negligence of their persmmel perfoni~ing the a~f0rementioned activities considering the nature and extent of the registrant's proposed activities. (c) Any person or persons engaged in the aforementioned activities shall demonstrate proof of qualification, in a mamner prescribed by the fire official. (d) All servidng, inspection, testing, installing, altering, modifying, repairing, or removing of such equipment and systems, shall be done in accordance with the practices, standards, codes and requirements of the National Fire Protection Assodation, the Statewide Fire Prevention Code and Virginia Uniform Statewide Building Code and the orders of the fire offidal. (e) Failure to comply with this section shall be cause for revocation of the permit and shall be a violation of the Statewide Fire Prevention Code. (3-20-75; 4-13-88) Artide III. Fireworks. For state law as to fireworks generally, see Code of Va., §§ 59.1-142 to 59.1- 148. Sec. 9°9. Purpose of artide. The purpose of this artide is to provide administrative procedures for the regulation of the use and sale of fireworks. Sec. 9-10. Manufacture, sale, discharge, etc., of certain fireworks prohibited. Except as otherwise provided in this article, it shall be unlawful for any person to transport, manufacture, store, sell. offer for sale, expose for sale. buy, use, ignite or explode any firecracker, torpedo, skyrocket or other substance or thing, of whatever form or construction, that contains any explosive or i~fflammabte compound or substance, and is intended, or commonly kanown, as fireworks, and which explodes. rises into the air or travels laterally, or fires projectiles into the air, other than sparks. and other than those fireworks excepted under the provisions of section 9-I 1. ~Code 1967. § 10-4: 4-13-88) For state law basis of this section, see Code of Va., § 59.1-142. 9 Sec. 9-11. Artide not applicable to certain fireworks. The provisions of this artide shall not apply to sparklers, fountains. Pharaoh's serpents, caps for pistols or pinwheels, commonly lmown as whirligigs or spinning lennies, when used or exploded on private property with the consent of the owner of such property; nor shall the provisions of this artide apply to the use of fireworks by any railroad company for signal purposes or illumination: nor shall the provisions of this article apply to the sale or use of blank camidges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. (Code 1967, § 10-5) For state law basis of this secuon, see Code of Va., §§ 59.1-I46, 59.1-147. Sec. 9-12. Permits for public displays--Required. Notwithstanding the other provisions of this article, public displays of fireworks may be given by fair associations, amusement parks or by any organization or group of individuals in accordance with a permit from the fire official. It shall be unlawful for any person to hold, present or give any such public display of fireworks without first having obtained such a permit from the fire official. (Code 1967, § 10-6; 4-13-88) For state law as to authority to county to adopt this section, see Code of Va., § 59.1-144. Sec. 9-13. Same--Application. Any person desiring a permit required by section 9-12 shall make application therefor to the fire official at ieast thirty days prior to the date of such fireworks display. Such application shall be on forms provided by the fire offidal. The applicant shall furnish such information as may be required by the fire offidal. (Code 1967. § 10-7; 4-13-88) Sec. 9-14. Same--Investigation; issuance or refusal. Upon filing of an application for a permit required by section 9-12. the fire official shall make an investigation to determine whether the applicant is properly qualified to present a public fireworks display and whether such display can be held without danger to property or person. If the fire official is satisfied with the results of 10 such investigation, he shall issue the permit. If he is not satisfied with the results of such investigation, he shall refuse to issue such permit. (Code 1967, § 10-8; 4-13-88) Sec. 9-15. Stone--Conditions. The fire offidal may specify, in any permit issued pursuant to section 9-12, any conditions which he shall deem necessary to protect persons and property. Such conditions may include, but shall not be limited to, the type of fireworks to be used in such display, the hours when such display may be presented, required fire extinguishing equipment, the presence of trained firemen and policemen and any other requirement that the fire official may deem necessary. (Code 1967, § 10-9:4-13-88 Sec. 9-16. Same--Liability insurance or bond required. Each permittee under this artide shall file with the fire official an}t a licensed insurance company evidence of a policy of liability insurance or a bond in an amount deemed adequate by the fire official and licensed insurance company fo~, the payment of all dmnages which may be caused either to persons or to property by geason of the permitted display and arising from any acrs of the permittee or his agents, employees or subcontractors. (Code 1967,-§ 10-10; 4-13-88) Sec. 9-17. Same--Nontransferable. No permit issued pttrsuant to section 9-12 shall be transferable. (Code 1967, § 10-I1) Sec. 9-18. Disposal of unused fireworks after public display. Any fireworks remaining unfired at the end of any public display sl~all be immediately disposed of in a way safe for that particular type of fireworks. (Code 1967, § 10-12) Sec. 9-19. Sale, discharge, etc., prohibited in certain locations. It shall be unlawful for any person, firm, corporation, organization or group to sell, offer for sale, store, display, manufacture, possess or discharge any fireworks within one hundred (100) feet of any gasoline pump, propane distribution{ tank, or 11 other inflammable liquid distribution pump or apparatus, except in a fully enclosed building where fireworks are permitted for such sale or use. Fully endosed building shall not be construed to include any outdoor stands or other similar structures that have been set up to sell, offer for sale, store or display any fireworks. (Code 1967. § 10-13: Ord. of 5-3-95) Sec. 9-20. Seizure and destruction of certain fireworks. Any law enforcement officer arresting any person for the violation of any provision of this article shall seize any article mentioned in section 9-10 which is in the possession of or under the control of the person so arrested, and shall hold the same until final d/sposition of any criminal proceedings against such person. If a judgment of conviction is entered against such persons, the court shall, in addition to any other penalty imposed, order destruction of such articles upon expiration of the time allowed for appeal of such iudgmenr of conviction. (Code 1967, § 10-14) For state law basis of this section, see Code of Va., § 59.1-143. 12 Option #2 Draft November 26, 1996 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, FIRE PROTECTION, ARTICLE IV, BURNING OF BRUSH, ETC. OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Fire Protection, Article IV, Burning of Brush, etc. is hereby amended and reorda'med, as follows: By Amending: Article IV By Repealing: Section 9-21 Section 9-22 Section 9-22.1 Section %23 Section 9-23.1 Section 9-23.2 Section 9-23.3 Secuon 9-24 Section 9-25 Secuon 9-26 Section 9-27 By Adding New: Precautions required to prevent spread of fire. Limitation on hour of burning between March 1 and May 15. Limitation of burning of leaves between October 1 and March 1. Liability for causing forest fire. Authority of county fire official. Petitions to ban bttruing in designated areas. Adoption of regulations of state air pollution control board. Violations; penalties. Construction of article. Leaf burning prohibited in certain areas. Open burning prohibited in certain area. Burning of Brush, etc. Section 9-21 Tide. Section 9-21.1 Section 9-21.2 Section 9-22 Section 9-22.1 Section 9-23 Section 9-24 Section 9-25 Purpose. Definitions, Prohibitions on open burning. Exemptions. Permissible open burning. Permits. Penalties for violations. Op Burning _r o_._t _._ Artide IV. en Air ............. § 9-21. § 9-21.1 § 9-21.2 § 9-22. § 9-22.1. § 9-23. § 9-24. § 9-25. Purpose, Definitions.. Prohibitions on open bumin¢. Exemptions. ....... s -"~ ~-~o~"s ~w~o~ ...... Permissible open burning. ........... ~,,~,,,~ .... Permit~. '~ ........ :"- ~ ~"" ~ ~ Penalties for violation. .... bu ..... 8 l~ ........................... Artide IV. Open Air Burning .... ush, c.c. 2 (b) (c) 3 4 9 · s ¢ xaqlo pug p~gott lonuoD u°DnII°d .t ns ol st. oi~.q~ ~vum. uosuo~ ~.socuncl ' I' I g-6 %m. mnfl uaaO jo uo~3uln~a~i a :[unoD alxumaqw atp s~' u~otr>I aq Ileqs app.re Clean lmrnin~ waste means waste which does not vroduce dense smoke when burned and is not prohibited to be burned under this ordinance. Construction waste means solid waste which is produced or ~enerated during construction of strncmres. Construction waste consists of lumber, wire. sheetrock. broken brick, shingles, tdass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such material s. Paints, coatint, s. solvents, asbestos, any liauid. ¢omr)ressed eases or semi- liquids, and .earbaee are not construction wastes and the disposal of such materials must be in accordance with the rekmlations of the Virginia Waste Manaeement Board__ Debris waste means stumps, wood, brush, and leaves from land clearing onerations__ Demolition waste means that solid waste which is produced bv the destruction of structtzres m~d their fotmdations and includes the san~e materials as construction waste. Garbage means rotting animal and vegetable matter accumulated bv a household in the course of ordinary day to day livin.~. Hazardous maste means refuse or combination of refuse which, because of its quantity, concentration or physical chemical or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or 2~ pose a substantial oresent or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise manat[ed. Household refuse means ~vaste material and trash normally accumulated by a household in the course..of ordinary day to day livin?. Indus~al 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. 7 ]unkvard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or sellinE iunk, or for the maintenance or operation of an automobile graveyard, and the term shall include ~arbage dumps and .sauitarv fills. Landfill means a sauitarv landfill an industrial waste landfill, or a construction/demolition/debris landfill. See Virginia Solid Waste Management Re.kmlations (VR 672-20-10~ for further definitions of these terms. Local landfill means any landfill located within the iurisdiction of a local ~overnmem. 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 passin~ through a stack, duct or chimnev. Open pit incineraWr means a device used tO burn waste for the pnmarv 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 reducine the amount of combustion bxroroducts emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incine___rators. Refuse means trash, rubbish, garbaee and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land dearing, forest management and emergency operations. Sal~4fe operation means any operation consistin~ of a business, trade or industry participatinq in salvaging or reclaimin~ any product or material, such as, but not limited to reprocessing of used motor oils. metals, chemicals, shipping containers or drums, and specifically including, automobile .~avevards and iunkvards. Sanitar~; landfill means an engineered land burial fadliw 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 ~o human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge hazardou~ waste from conditionally exemot small quantity tenerators and_ 8 nonhazardous industrial solid waste. See Virainia Solid Waste Manavement Re.gulations (VR 672-20-10) for further definitions of these terms. Stnoke means small gas-borne particulate matter consistine mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. Special incineration device means a pit incinerator, conical or tepee burner, or any other device spedficall¥ desikmed to provide eood combustion verformance. Sec. 9-22. Prohibitions on or)eh burning. (M NO owner or other person shall cause or permit open burnin.t or the use of a special incineration device for disposal of refuse exce9t as nrovided in this ordinance. (bi No owner or other 13erson shall cause or permit open burnin.~ or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil imprekmated wood or other rubber or vetroleum based materials except when conductine bona fide tire fig. htin! instruction at fire fi.~htin.~ trainin! schools havine vermanent fadlitieS. (c) No owner or other person shall cause or permit open burnin.g or the use of a special incineration device for disposal of hazardous waste or containers for such materials. (d) No owner, or other person shall cause or permit open burninl or the use of a special ~ncineration device for the vmmose of a salvaee overation or for the disposal of commercial/industrial waste. (e) Open bumin~ or the use of special incineration devices permitted under the provisions of this ordinance does not exemvt 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 complvint with other applicable laws. ordinances, regulations and orders of the governmental entities havin.! iurisdiction, even thouih the open burninl is conducted in compliance with this ordinance. In this retmrd special attention should be directed to § 10.1- 1142 Of the Forest Fire Law of Virkdnia the rek~tlations of the Vir~ma Waste Mana.[[ement Board, and the State Air Pollution Control Board's Rekallations for the Control and Abatement of Air Pollution. 9 (t7) Upon declaration of an alert, wamin~ or emerEencv staEe of an air pollution episode as described in Part VII of the Reeulations for the Control and Abatement of Air Pollution or 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 oven burninE or use of a special incineration device; and any in process burning or use of snecial incineration devices shall be immediately terminated in the desi..?hated air quality control re,on. Sec. 9-22.1. Exemptions. The following activities are exempted to the extent covered bv the State Air Pollution Control Board's Re.~ulations for the Control and Abatement of Air Pollution: (a) open burning for trainin~ and instruction of government and nublic fire fi~hters under the supervision of the desi.~mated official and industrial in-house firefi~htin~ versonnel (bi open burnin~ for camp fires or other fires that are used solely for recreational Dunooses. for ceremonial occasions, for outdoor noncommercial preparation of food. and for warmin~ of outdoor workers; (c) open burnin~ for the destruction of any combustible liquid or gaseous material bv burnin~ in a flare or flare stack: (d) oven burnin~ for forest management and a~ricutture practices approved by the State Air Pollution Control Board. _; and (e) open burning for the destruction of dassified military documents. Sec. 9-23__ Permissible open burning. Open burning is permitted for the disposal of leave~ and tree, yard and ~arden trimmings located on the premises of nrivate nropertv, provided that the conditions are met: properW; (and) the burning takes place on the premises of the private the location of the burnin.~ is not less th~n 300 feet from any lO occupied building unless the occunants have raven or/or permission, other than a buildins~ located on the orooertv on which the burning is conducted: and ~. no regularly scheduled public or private collection service for such trimmings is available at the adiacent street or public road. (b) Open burning is permitted for the disposal of household refuse bv homeowners or tenants, orovided that the following conditions are met: 1. the burning takes place on the oremises of the dwelling: 2. animal carcasses or animal wastes are not burned; 2. garbage is not burned: (and 4~ the location of the burnin~ is not less than 300 feet from any occupied building unless the occupants have .ffiven prior permission, other than a building located on the property, on which the burnin! is conducte& and ~ no' regularly scheduled punic or private collection service for such refuse is available at the adiacent street or oublic road. (c) Open burning is oermitted for disoosal of debris waste resultinR from nronerw m_alntenance, from the development or modification of roads and highways__ parkin~ areas, railroad tracks, nioelines, power and communication lines buildinK$ or building areas, sanitary landfills, or from another clearing operations which may be approved by the fire official, provided the followfng conditions are met: 1~ all reas_onable effort shall be made to minijnize-the amount of material burned, with the number and size of the debris piles approved by the fire Official; 2~ the material to be burned shall consist of brush, stumps and similar debr/s waste and shall not include demolition material; the bttrnin,g shall be at least 500 feet from an Occupied building unless the occupants have ~iven nrior permission, other than a building located on the ~roperrv on Which the burnin~ is conducted; 11 4. the burninff shall be conducted at the ,~eatest distance practicable from highways and air fields. 5~. the burninq shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke bein~ produced; ~ the bttrninR shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 7~ the burnin~ shall be conducted only when the prevailing winds are away from any city, town or built-uu area. (d) Open burnin~ is permitted for disposal of debris on the site of local landfills provided that the burninv 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 ,~as provided that the followin~ conditions are. met: l~ the burnin~ shall take place on the premises of a local samtarv landfill which meets the orovisions of the retmlations of the Virginia Waste Manae, ement Board. 2~ the burninR shall be attended at all times; 3. the material to be burned shall consist only of brush, tree trimmings. Yard and 2arden trimmin2s, clean burning construction waste, clean burnin! debris waste, or clean bttmine demolition waste: 4. all reasonable effort shall be made to m'lnimize the amount of material that is burned: 5. no materials may be burned in violation of the re ,tulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burnine on a local landfill shall be established in, coord'mation with the regional director and the fire offidal; no other site shall be used _without the approval of these offidals. The fire official shall be notified of the days during which the burnine will occur. 12 (e) Section 9-23(a} through (d) notwithstanding, no owner or other person shall cause or permit oven burnint~ or the use of a svecial incineration device durin~ }une }ulv. or Auettst. Sec. 9-24__ Permits__ (a~ When open burning of debris waste (Section 9-23(c)) or open burnini of debris on the site of a local landfill ('Section 9-23(d)) is to occur within Albemarle County, the person responsible for the burning shall obtain a permit from the fire offidal prior to the burnim~. Such a permit may be granted only after confirmation by the fire official that the burnine can and will comply with the provisions of this o_rdinance and any other conditions which are deemed necessary to ensure that th burnin~ will not endanger the public health and welfare or to ensure compliance with any applicable vro~sions of the State Air Pollution Control Board's Reeulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of bumini or for a specific period of time deemed appropriate bv fire official. (b) Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burnin? shall obtain a permit from the fire official, such permits to be ~anted only after confirmation by the fire offidal that the burnins can and will comply with the applicable provisions in Re,oulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by the fire official 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 followin.~ 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 vulvwood, sawloe 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 buildin~ unlessthe occupants have ~iven prior permission other than a buildin21 located on the property on which the burnine is conducted: :burninE shall be 13 conducted at the ~reatest distance nracticable from highways and air fields. If the fire official determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased. The burning shall be attended at alt times and conducted tO ensure'the best possible combustion with a minimum of smoke being produced. Under no circumstances should the bttrnine be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. The burnine shall be conducted oulv when the prevailing winds are away from any ciW, town or built-up area. The use of soedal incineration.devices shall be allowed only for the disposal of debris waste, dean burnine construction waste, and dean burning demolition waste. 7~ Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the fire official. (c) An application for a permit under Section 9-24(a) or 9-24(b) shall be accompanied by a processing fee as set forth in the fee schedule maintained by the fire official as may be amended from time to time. Sec. 9-25. Penalties for violation. (a) Any violation of this ordinance is vunishable as a Class I misdemeanor. (b) Each separate incident may be considered a new violation. (c) The fire official shall enforce the terms and cond_ _ _ _itions of this ordinance. 14 couNTy OF ALBEMAREE/:57' /- EXECUTIVE SUMMARY AGENDA TITLE: Fire and Open Burning Ordinances SUBJECT/PROPOSAUREQUEST: To conduct a worksession and request to authorize a public hearing to amend and reordain Chapter 9, Fire Protection Ordinance of the County of Albemarle, Virginia. STAFF CONTACT(S): Messrs. Tucker, Huff, Pumphrey BACKGROUND: AGENDA DATE: December4,1996 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes Staff has been working for some time on revisions to the County's Fire Protection Ordinance and Open Burning Ordinance in order to clarify authority of the County to regulate open burning, fire prevention issues and leaf burning and~to provide a mechanism for collecting fees for inspections that are performed by our fire prevention personnel unSer authority of the State-wide Fire Prevention Code. Option #1, attached, provides for a number of new sections, amends several and repeals several sections of Chapter 9 of the County Code, the highlights of which are as follows: Clearly authorizes the office of the Fire Marshall and provides the mechanism for appointing assistants as was done by the Board several years ago. The specific duties of the fire marshall and his assistants are spelled out accordingly. Amends the period of time as well as the distance requirements for burning brush, etc. in the County. Specifically spells out the adoption of the Virginia State-Wide Fire Prevention Code by the County and establishes the appeals process for decisions of the fire official. Establishes minimum width requirements for fire lanes and authorizes both the County Police Department and the Fire Marshall's Office to enforce the provisions of these section, including blocking of fire lanes. Option #1 specifically does not amend the provisions of the Open Burning Ordinance so that these amendments in Option #1 can be adopted by the Board at their pleasure without a requirement for approval by the State. Open Burning Regulations are now regulated by the State Air Pollution Control Board. In April of 1996, a new set of Air Board regulations were promulgated. Localities were given the option to adopt what the Air Board proposed as a model ordinance, s~mply follow the State regulations or, subject to approval by the Air Board, adopt a local ordinance that can be more stringent than any of the other two options. Option #2 represents the State's proposed model ordi qance which is somewhat m0re~sti~ing~nt!that the State's Air Regulations. Noted differences are that the model ordinance allows for distance requi-~n-ts '~or'open burning whereas the State regulatiot~s eliminate any distance requirement, the model ordinance-req~r, ee¢~at open burning AGENDA TITLE: Fire and Open Burning Ordinances December 4 1996 Page 2 be attended at all times whereas the State regulations does not have an attendance requirement, and lastly, the model ordinance allows localities to permit such open burning whereas the State's regulations does not specifically authorize such an activity, it should be noted that, as written, Option #2 would ban leaf and yard waste burning anywhere that private haulers provide pick-up service in the County (see 9-23, paragraph 3). This restriction can be deleted by the Board but authorization to continue leaf burning by subdivision or zoning district will have to be approved by the State. The ban on burning of household waste in the model ordinance cannot be waived by the Board without State approval. DISCUSSION: Staff proposes to conduct a worksession with the Board on both of the options presented here as well as begin a discussion on adopting in the future a more stringent ordinance that would have to be adopted at a quarterly meeting of the Air Pollution Control Board. There has been some outcry from County residents in recent years that the County consider very stringent regulations for open burning in padicular areas and staff is considering how to define such an area and more stringent distance requirements in commercial, residential and industrial zones, Given the length of time that will be required to analyze the impacts of a more stringent ordinance, staff recommends that the Board set a public headng for January 8, 1997 on Options 1 and 2 with the understanding that a more stringent ordinance which would have to be adopted or approved by the State Air Pollution Board will be brought lo.yard for the Board's review at a later date. Lastly, a fee schedule is also attached which can be adopted by a resolution of the Board and basically includes those inspections allowed by the Fire Prevention Code that the staff feels strongly should be conducted in order to protect the health safety and welfare of those dealing with flammable, hazardous substances. The fee schedule was determined based on approximately 75% of the actual cost of conducting such inspections as well as a review of other jurisdictions who have similar fee schedules. The fee schedute is presented for the Board's review and if approved, can be adopted following the public hearings in January on the amendments to the Code. RECOMMENDATION: Staff recommends that, following the worksession, the Board authorize a public hearing for January 8, 1997 to amend and ordain Chapter 9 of the Code of the County of Albemarle as discussed. 96.224 COUNTY OF ALBEMARLE Dept. of Planning & Community Develoomem 401 Mclnfire Road Charlottesville. Virginia 229_02-4596 (804) 296-5823 December 12, 1996 Charles F. Stamm Stamen Family Trust P. O. Box 244 Free Union, VA 22940 RE: SP-96-39 Stamm Family Trust Tax Map 7, Parcel 29A Dear Mr. Stature: The Albemarle County Planning Commission, at its meeting on December 10, 1996, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: l. This approval shall allow construction of only one of the two options outlined in the staff report of 1992; 2. A building permit to construct a crossing shall not be issued until the following conditions are met: a. Department of Engineering final approval; b. Water Resource manager approval of a water quality impact assessment plan; c. Compliance with all federal, state and local requirements pertaining to a perennial stream; d. Department of Engineering issuance of an Erosion Control Permit (Grading permit); This special use permit shall expire on January 1, 1999 unless construction commences by that date and thereafter completed within one (1) year. Page 2 December 12, 1996 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January_ 8. 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regard'rog the above noted action, please do not hesitate to contact me. Sincerely, 3[uandiego R. Wade Transportation Planner mw/jef cc: Ella Carey Jo Higgins Amelia McCulley COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Stamm Family Trust Land Trust Extension Request (SP 96-39 and SP 92-27) SUBJECT/PROPOSAL/REQUEST: Request to extend the approval period of a previously approved special use Permit an additional two years. STAFF CONTACT(S): Juandiego R. Wade AGENDA DATE: ITEM NUMBER: Planning Commission - December 10, 1996 Board of Supervisors - January 8, 1997 ACTION: Yes INFORMATION: CONSENT AGENDA: No ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: A special use permit to allow a stream crossing in the floodplain of Muddy Run ano Buck Mountain Creek was originally approved by the Board of Supervisors on July 8, 1992 and again on April 14, ~ 1994. The staff reports and the Planning Commission's and Board of Supervisor's minutes from both extensions are attached. The 1994 approval will expire January 1, 1997 unless an extension is granted in accord with the provision of section 31.2.4.4 of the zoning Ordinance. DISCUSSION: The applicant has provided a written justification for the extension of the special use permit approval which is attached. Staff reviews extension requests to determine if any changes in the character of the area, Zoning ordinance or comprehensive Plan have occurred which would affect this type of application. Staff is unable to identify any changes which affect the pdor approval and that all comments made in 1992 and 1994 are still appropriate. RECOMMENDATION: Based on this review staff opinion is that a two-year extension is appropriate. Staff recommends approval of therequest subject to the following conditions: 1. This approval shai) allow construction of only one of the two options outlined in the staff report of 1992; 2. A building permit to construct a crossing shall notbe issued until the following conditions are met: a. Department of Engineedngfinal approval; b. Water Resource manager approval of a water quality impact assessment plan; c. Compliance with all federal, state and local requirements pertaining to a perennial stream; d. Department of Engineering issuance of an Erosion Control Permit (Grading permit); 3. This special use permit shall expire on January 1. 1999 unless construction commences by that date and ' thereafter completed within one (1) year. SP-92-27 Stature ' Family TrUSt ALBEMARLE COU 3 ),4 ~ /\ / ./ SP-92-27 STAMM FAMILY TRUST 35 ................... WHITE HALL DISTRICT SECTION 7 JUSTIFICATION: (Plea~e attach additional information as needed) ! ~?~o .g~.~,''-'~e,, ;.,Tm ~~F_~,~ ;~r:~.-~ ~~_ OFFICE USE ONLY ' TAX~MAPfPAKCEL: R.I~QU~$TED DNDER. ORDI~,N CE SECTION: F~XIS'TING.USE: ___ _ PROPOSED USE:: , ....... 1992 STAFF REPORT STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YOLANDA HIPSKI JUNE 23, 1992 JULY '8, 1992 SP~92-27 STAMM FAMILY TRUST Petition: Charles and Julie Stamm (trustees) petition the Board of Supervisors to issue a special use permit for a stream crossing w~thin the Flood Hazard Overlay District [30.'3.5.2.1(2)~ on 30.70 acres, zoned RA, Rural Areas. Property, described as Tax Map 7, Parcel 29A, is located on the northern side of Route 687, approximately 0~75 mile west of Route 601 in'the White Hall Magisterial District. This site is not located in a designated growth area (Rural Area 1). (See Attachment A). Character of the Area: The Muddy Run and Buck Mountain Creek Confluence is near the eastern property line. These streams branch west for a majority of this property. As a 'result, theft00 year floodplain covers approximately one third of the property. On the side opposite the road, the property slopes upward at approximately 20% and is.mostly cleared. The area between the road and the stream contains flat terrain and is scattered with grasses, sycamore and shrub vegetation. An intermittent stream bisects the area between the road and Buck Mountain Creek approximately in half. There are no dwellings or buildings on this property. ADplicant's Proposal: The applicant is proposing to construct only one of the two.crossings submitted.~ The "low water crossing" will consist of two sets of five corrugated metal pipes with a 24 inch diameter (see Attachment. B). The "high water crossing" will consist of six piers spaced fifty feet apart for a total of 350 feet (see Attachment Cl. The crossing will serve one proposed residential'dwelling. Planninq and Zoning History: On December 27, 1991, staff administratively approved a boundary exchange. Division rights were not.affected by this plat. comprehensive Plan: This site is not located in a designa[ed growth area, but is located in Rural Area I. The Comprehensive Plan states a number of concerns for activity in the floodplain including "Encroachment into floodplain lands by development and other inappropriate uses can result in increased danger %o life, health and property; public costs for flood control measures, rescue and relief efforts, soil erosion, sedimentation and siltation; pollution of water resources and general degradation of the natural and man-made environment" (page 61). The Comprehensive Plan states as a strategy to preserve~ water quality "Restrict all clearing, grading and construction activities to the minimum required for the proposed development" (page 67). SUMMARY AND RECOMMENDATIONS: Both the County Engineer and the Water Resources Manager have reviewed this request (see Attachment D). Staff~opinion is that stream crossings should be permitted only when no alternative building site is available or no alternative access exists. This property does not contain a stream crossing. There are approximately 4.1 acres between the road and the stream floodplain% Soils in this area are identified as Craig~ville Loam by the Soil S~rvey of Albemarle County. This soil is'listed with severe limitations for building sites (Table 10) and experiences frequent flooding (Table 16). Soils on the opposite side of the stream are identified as HayesvilleLoam. Althoughmore steep, this soil is~identified as a more acceptable material for construction. Therefore, staff believes the only practicalbuilding siteon the parcel involves crossing the stream(s), Given the Water Resources Manager comment, the high water stream crossing would have less impact on the resource protection area, Staff has reviewed this request for compliance with 31~2~4.1 of the Zoning Ordinance, Given the Engineering and WaterResouroes Manager final approval, the stream crossing should not harm adjacent properties and should not change the character of the, district. Staff opinion is that a stream crossing to all0w're~sidential construction away from the Craigsville Loam soil would be in more harmony with the purposes'and intent of the Zoning Ordinance. Therefore, staff recommends approval subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. This approval, shall allow construction of only one of the two options outlined in this report~ 2~ A building permit to construct a~crossing shall not be issued untilthe following conditions are,met: a. Department of Engineering final approval; water Resource Manager approval of water quality impact assessment plan; 2 Issuance of Virginia Marine Resource Commission (VMRC) ~ Corps of Engineer permit Department of Engineering issuance of an Erosion Control Permit Grading Permit A~-i~ACHMENTS: A - ~0cation Map and Tax Map B - Low Water Bridge C - High Water Bridge D - Engineering Department Comment 1994 ~STAi~F REPOR~ COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire R~ad Charlottesville, Virginia 22902-4596 (804) 29(>5823 MSMOR,Mg'DUM TO: FROM: DATE: RE: Albemarle County Planning Commission Albemarle County Board of Superviso~rs~/ William D. Fritz, Senior Planner March 8~ 1994 SP~92-27 Stanch Family Land Trust The above-referenced request is described as follows: 5P-92-27 Stamen Fa~ly Land Trust - Petition to grant an extension of the time ~riod of approval for SP-92-27 which authorized a stream crossing in the floodplain of Muddy Run and Buck Mountain Creek. Property., described as Tax Map 7, Parcel 29A consists of 30.7 acres zoned RA, Rural Areas and is located on the north side of Rt. 687, approximately 0.75 n~iles west of Rt. 601 in the White Hall Magisterial District. ~"nis site is not located within a designated growth area {Rural Area 1). This request was originally approved by the Board of Supervisors on July 8, 1992. The applicant is now requesting that the time period of validity for this permit be extended to January 1, 1997. The applicant request and the previous staff report are attached as are the Planning Commission minutes (the Board of Supervisors minutes are not yet available). The approval of SP-92-27 will expire on July 8, 1994 unless construction commences. [Reference Section 31.2.4.4]. Section 31.2.4.4 states in part "...provided that the Board of Supervisors may as a condition of approval, impose such alternative time limits as may be reasonable in a particular case". This provision allows amendment of the original conditions of SP-92-27 to establish an alternative time limit. No changes in the ordinance or the area have taken place since the original approval of this request. Staff recommends that the time limit requested by the applicant be approved ~nd that the conditions of SP-92-27 be modified to reflect the new time limit. Albemarle County Planning Commission Albemarle County Board of Supervisors March 8, 1994 Page 2 RECO~H~ENDED CONDITIONS OF APPROVAL: 1. This approval shall allow construction of only one~ of the two options outlined in this report; 2. A building permit to construct a crossing shall not be issued until the following conditions are met:' a. Department of Engineering final a~proval; b. Water Resource Manager approval of water quality impact assessment plan; c. Compliance with all federal, state and local requirements pertaining to a perennial stream; d. Department of Engineering issuance of an Erosion Control Permit (Grading Permit); 3. Approval of this permit shall expire January 1, 1997. WDF/mem 1992 PLANNING CO~'~. SP-92-27 Sta~ Famil Trust Petition t permit a stream crossing in ~ floodplain of Muddy Run u~d Buck Mountain Creek [30.3.5.2.112)] on 30.70 acres. Zoned RA, Rural Areas. Property, described as Tax Map 7~ Parcel 29A, is located on the north side of Rt. 687 approximately 1.0 mile east of Rt. 810 in the White Hall Magisterial District. This site is not located in a designated growth area (Rural Area 1). Deferred from June 9, 1992 Commission Meeting. Yolanda presented the staff report.' Staff reco~u~ended approval subject to conditions. [Note: It was determined that the words "and" and "or" in condition l(c) should be reversed so that the condition reads: "Issuance of Virginia Marine Resource Commission (VMRC or Corps of Engineer permit; and. 6_23~92 2 Regarding condition l(c), Mr. Cilimberg explained: ,'VMRC is th~ clearinghouse for these things and the Corps of Engineers issues permits through VMRC...and all of this is coordinated by the Department of Engineering." In response to Ms. Huckle's question regarding the location of the Buck Mt. Reservoir, Ms. Hipski explained that the Water Resources Manager determined that the reservoir is quite a distance downstream from this project and therefore there will be no impact. There was a discussion, initiated by Mr. Johnson, regarding the Water Resources Manager's comments and the "impact assessment plan." Mr. Johnson wondered if the words ~as approved by the Water Resources Manager should be added to condition 1, i.e. "This approval shall allow construction of only one of the two options outlined in this report, as approved by the Water Resources Manager." Mr. Johnson felt the Water Resources Manager should have more authority in this case than just an approval of the water impact assessment. Mr. Blue felt all Mr. Robertson's (WRM) comments referred to water quality. Ms. Lipinski noted th~ the County Engineer had indicated that either of the two options were approvable. Mr. cilimberg explained that "because this involves an impact assessment, even if this weren't before you as a permit, (the Water Resources Manager) would still have the same latitude and application of the ordinance for this area." Ms. Huckle pointed out that the Water Resources Manager commented that the highwater crossing would have less environmental impact and the Engineering Department commented that the WRM's comments "should be given full consideration and used by.the applicant as a guide." She also noted that "it would be a shame to compromise" the Buck Mt. Reservoir, "even before it gets built,', given the fact that the South Rivanna Reservoir is "filling in so rapidly." Ms. Huckle noted that the preliminary concept plan did not include the best management practices referred to in Mr. Robertson's comments. Mr. Bowling stated that he felt Mr. Robertson was indicating that if the concept plan is not revised to include certain items (best management practices and resource protection area), then he will not approve the water quality impact assessment plan. Ms. Hipski pointed out that if the Water Resources Manager does not approve this plan, then~he permit would not be granted. Mr. Blue concluded: "I think the County is well protected as is, without adding anything else." Ms. Huckle felt the high crossing should be required. Mr. Blue did not think it would matter in terms of sediment. Mr. Johnson suggested that condition N0. l(b) be changed to read "Water Resources Manager approval," rather than "Water Resources Manager approval of water quality impact assessment plan." Regarding this suggestion, Mr. cilimberg explained that the Water Res~ources Manager's only jurisdiction is over the water quality impact assessment and it is better to state this specifically. Mr~ Cilimberg did not think the WRM had the authority to recommend one of the options over the other "unless it is directly related to the water quality impact assessment plan." MS. Huckle asked if the Co~ission could require one of the options over the other. Mr. cilimberg explained that the Board of Supervisors could make that determination if environmental concerns were cited. Mr. Blue did not feel the Commission had the expertise to make that determination. Mr. Grimm agreed that that decision should be left up to the Engineering Department and the Water Resources Manager. The applicant was represented by Mr. Kurt Gloeckner, enginear for the project. He explained that the reason ~he option is being requested for both crossings is related to whether or not the applicant will reside at this location full time or part time. The high water crossing would be in the event of permanent residency, and the iow water crossing would be "part-time resident access driveway." He explained that a bridge crossing is very expensive as compared t~ a low-water crossing. He described the low water crossing as "concrete and locked into the bottom of the stream so that they can't move." He explained that in.a 2-year storm, the low water crossing would be unpassable for approximately 4 hours; 10 hours in an ll-year storm; and 12-hours in a 100-year storm. Regarding the impact on the floodplain and streams, both options will have about the same impact in land disturbance and the bridge would have a great deal more environmental impact initially. After construction, however, the impact of both options would be the same. He felt Mr. Robertson's comments dealt more with the structures themselves and had not taken into account the approaches to the crossings. Hm concluded that the applicants would like both options and would "do whatever engineering and environmental necessities are required." It was determined the stream was too shallow for serious fishing and was onl~ canoeable during higher water. Mr. Blue felt a bridge would be more of a hazard to canoeists than would a low water crossing. There being no public comment, the matter was placed before the Commission. Mr. Huokle'stated: "I bow to. Mr. Gloeckner's expertise." Mr. Jenkins moved that SP-92-27 for Stamm Family Trust be recommended to the Board of Supervisors for approval subject to the following conditions: 1. This approval shall allow construction of only one of the two options outlined in this report; 6-23-92 4 2. A building permit to construct a crossing shall not be issued until the following conditions are met: a. Department of Engineering final approval; b. Water Resources Manager approval of water quality impact assessment plan; c. Issuance of Virginia Marine Resource Commission (VMRC) or Corps of Engineer permit; and d. Department of Engineering issuance of an Erosion Control Permit (Grading Permit). Mr. Nitchmann seconded the motion. It was clarified that it was the intent of the motion that the applicant be allowed the choice of optiohs. The motion for approval passed unanimously. SP-92-27 Stamm Family Land.Trust ~ Petition to grant an extension.of- the time period of approval of SP-92-27 which authorized a stream crossing in the floodplain bf Muddy Run and Buck Mountain Creek. Property, described as Tax Map 7, parcel 29A consists of 30.7 acres zoned RA, Rural Areas and is located on the north side of Rt. 687, approximately 0.75 miles west of Rt. 601 in, he White Hall Magisterial District. This site is not located within a designated growth area (Rural Area 1). Mr. Fritz presented the staff report. The report concluded: "No changes in the ordinance or the area have taken place since the original approval of this request. Staff recommends that the time limit requested by the applicant be approved and that the conditions of SP-92-27 be modified to reflect the new time limit." Mr. Fritz noted that the conditions of approval are the same as with the original approval with the exception that condition 3 "sets the alternative time period." Mr. Blue ascertained that the issue before the Commission was "the appropriateness of the extension." Mr. Blue confirmed that both the Water Control Board and the Engineering Department will review the crossing, regardless of whether a low-water or high-water crossing is constructed. The applicant was represented by Mr. Kurt Gloeckner. He repeated that "nothing has changed." In answer to Ms. Huckle's question about weight capacity, Mr. Gloeckner explained the applicant is interested in using discarded flatbed railroad cars, which "carry 20 tons." He confirmed that the bridge will be able to accommodate emergency vehicles. There being no public comment, the matter was placed before the Commission. MOTION: Ms. Imhoff moved, seconded by Mr. Jenkins, that SP-92-27 for Stature Family Land Trust be recommended to the Board of Supervisors for approval subject to the following conditions: I. This approval shall allow construction of only one of the two options outlined in this report; 2. A building permit to construct a crossing shall not be issued until the following conditions are met; - d. Permit). Department of Engineering final approval; Water Resource Manager approval of water quality impact assessment plan; Compliance with all federal, state and local requirements pe~:talning to a perennial Department of Engineering issuance of an Erosion Control Permit (Grading 3. Approval of this permit shall expire January 1, 1997. The motion passed unanimously. 1992 BOARD OF sE~ERV~SORS RI~lO~r£$ Agenda Item NO. 9. 5P-92-27. 5tamm Family Trust. Public Hearing on a re,est for a stream crossing in the flood plain of Muddy Run & Buck Mtn Creek Property of 30.70 acs zoned RA on N side of Rt 687 approx 1.0 mi E of Rt 8~0. TM7 P29A. White Mall Diet. {Advertised in the Daily ProgresB on June 23 and June 301992.) Mr. Ciiimberg gave the staff's report as follows: "Character of the Area: The Muddy Ru~ and Buck Mountain Creek c~n~lue~ce is near the' eastern property line. These streams braBch west for a majority of this property, As a result, the year flood plain covers approximately one third of the property. On the side opposite 0f the road~ the property slopes upward at approximately 20 percent and is mostly cleared. The area between the road and the stream contains flat terrain and is scattered with grasses, sycamore and shrub vegetation. An intermittent stream bisects the area between the road and Buck Mountain Creek approximately in half. There are no dwellings or buildings on this property. Applicsn~'e ProDosal: The applicant is proposing co construct only one o~ the two crossings submitted. The.'low water crossing' will consist of two s~ts o~ five corrugated metal pipes with a 24 ih~h diameter (see Attachment B}. The 'high water crossing' will consist of six piers spaced 50 feet apar~ for a total of 350 feet (see Attachment C). Thecrossing will serve One proposed residen- tial dwelling. M.B. 42, Pg. 36 July 8, 1992 (Regular Nipht Meetlnp; lPage 36) D). Mr. Cilimberg said the Planning Co~mission, at its meeting on June Mr. Perkins asked which crossin~ will be permitted. Mr, Cilimber~ replied that the Watershed Management O~ficial has recommended the high water M.B. 42, Pg. 37 July 8? 1992 (Regular Night Me~tin~; {Page 37) chosen, but the route will be based on whether or hOC he resides on the property full-time. He added ~h~'%h~ applicant could probably speak to this Czechoslovakia and in England. They possibly will live in Albemarle county part-time or they might use this property as a full-time residence. Me said ~he high wate~ bridge zs an e~cpenslve solution, and if they are here for water bridge would require a great deal of fill from the State route to the beginning of the bridge, which would present a dam effect for storm condi- actually,driven through s=reams to get to higher ground, He stated that these iow water Crossings would essentiallybe culverts with cwo concrete ramps into and out of the approaches, He said the Stamms would like the option of He added t~at he would be glad to answer questions. There was no further public com~en~, so the Chairman closed the public hearing. At this tame. Mr. Bain moved approval of SP-92-27 subject to the condi- tions recommended by the Plar~nin~ Commission. with the substitution of condition number 2{c), as read into the record by Mr. Cilimberg. Mr, Perkins Mrs. gumphris stated that she will suppor~ the motion. She noted that proposed new reservol=, and abe pointedouh that this ~eservoir~ will probably be needed sooner than planned. She asked for staff comment as to whether this Board should be considering some particular kind o~ policy regarding perm/ts currently being addressed, although Board policy is probably not required. First, Mr. Cilimberg staled there is a standard review which is required with permitting by the State. More importantly, according co Mr. Cilimberg, is the Watershed Management Official's review of ever~ stream crossing which Officia~ ba~ always reviewed any stream crossing in a reservoir watershed for lis ~mpacu on wauer quality. Me said ~his situation is being additionally protected by the fact that this crosses a perennial stream which is subject =o t~e water quality impa¢~ assessment, which is a best mana~emen= practices erosion reduction typ~ of plan The staff also asked Mr. Robertson, the Watershed Management Official if he saw any effect of the ultimat~ damming of the Buck Mountain Reservoir on this particular section of the streams feeding and he did not see that this would have any effect. Mr. Cilimberg added that granted, if this Board felt that ultimately that bridge would be adversely affected by the dammin~ of the reservoir. In this case, however, Mr. Cilim- ber~ pointed o~t that this is not an issue. Mrs. Humphris asked if Mr. Ciiimberg is saying that there are enough th~n~s in effect to protect the ultimate reservoir without any additional policy concerning ~his particular watershed. Mr. Cilimberg answered affirma- tively. He-said the staff mad~ its decision based on Mr. Robertson's eom- At this time, roll was called, and the motion carried by the following Perkins. (Note: The condition~ of approval are set out below:) 1. This approval shall allow construction of only one of the ~wo options ou~lihed in this report; 2. A building permit to construct a crossin~ shall not be issued until the following conditions are me=: July 8, 199S (Reeler Night Meeting) M.B. 42, Pg. 38 Department of Engineering ~inal approval; Water Resource Manager approval of water quality impact assessment plan; Compliance with all federal, s~a~e and local requirements pertaining uo a perennial stream; Department of Engineering issuance of an Erosion Control Permlt (Grading Permit). commercial uses havin9 drive-in windows. non ambulatory or with impaired mobility.' [994 BOARD OF S]3n2ER~[SORS Agenda Item NO. 9. SP~92-27. Stamm Fam/ly Land Trust. Public Hearing on a request for an extension of the time period of approval for SP-92-27 whi=h authorized a stream crossing in the flood plain of Muddy Rut. & Buck Mountain Creek. Property on N sd of Rt 697 approx 0.75 mi W of Wt 601. April 4, 1994.) meeting on March 15 1994 unanimously recommended approval of SP-92-27 subject to three conditions. Mrs Humphris opened the public hearing, and asked Mr. Kurt Gloeckner, NO one else came forward to speak, so Mrs. Humphrls old,ed the public hearing. I This approval aha11 allow constr~ct~on of only one of the two until the following conditions are met= B. Approval of this permit shall expire January 1, 1997. April 14. 1994 (Re~ulor Hight Meeting) iEage 23) Roll was called on the foregoing motion which carried by the following recorded vote: AYES: Mr. Martin, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. HAYS; None. ABSENT: Mr. Perkins and Mr. Marshall. 3 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-5823 December 12, 1996 Steve G. Meeks, President Albemarle County Fair, Inc P O Box 121 North Garden, VA 22959 RE: SP-96-45 Albemarle County Fair Tax Map 87, Parcel 3 Dear Mr. Meeks: The Albemarle County Planning Commission, at its meeting on December 10, 1996, by a vote of 5-1, recommended approval of the above-noted petition to the Board of Supervisors, Please note that this approval is subject to the following conditions: Such event shall be limited to eight consecutive days mmually. Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m.. ("Operation" shall mean the period of time during which the fair is open to the public and shall not include set up, dismantling and restoration activities.) This permit is issued for the conduct of the Albemarle County Fair by a qualified non-profit organization and shall not be used for any other event requiring special use permit pursuant to Section 10.2.2.42 and 5.1.27 of the Zoning Ordinance. The applicant shall notify the Albemarle County Police Department, Virginia Department of Health, and servicing fire and rescue squads 60 days prior to each event and shall make adequate arrangements for the conduct of the event with each of these agencies; Traffic managemem shall be approved annually by the Albemarle County Police Department, Virginia Department of Transportation and Albemarle County Department of Planning and Community Development with the final responsibility being that of the Police Department. ~ Page 2 December 12, 1996 The applicant shall abide by the approved site plan and submit any requests for amendments for administrative approval at least 30 days prior to each event. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January_ 8, 1997, Any new or additional information regard'rog your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regarding the above noted action, please do nol hesitate to contact me. S~ncerely, Senior Planner MJS/jcf ce: Ella Carey Jo Higgins Amelia McCulley Carpenter Place, LP STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARY JOY SCALA DECEMBER 10, 1996 JANUARY 8, 1997 SP 96-45 ALBEMARLE COUNTY FAIR Applicant's Proposal: The applicant proposes to amend the conditions of SP 92-19 te allow expanded hours and days of operation for the county fair. The existing conditions (in effect since 1988) limit events to six consecutive days excluding Sunday. Hours of operation are limited to 4-11 p.m., Monday through Friday, and 9 a.m.- 11 p.m. Saturday. The applicant is requesting to amend condition #1 of SP 92-19 to limit events to eight consecutive days including Sunday, with hours of operatiun limited to 9 a.m. to 11 p.m. each day. (See applicant's proposal - Attachment The applicant's justification notes that extended days of operation would allow flexibility and oppommity to expand programs. The need for operation on Sunday is partly a response to public schools opening the week of the fair (always the week before labor day). Youth participation in programs have suffered as a result, and having an additional non-school day would allow the fair to regain some of the lost participation as well as general attendance. In addition, eight days would allow flexibility in case of foul weather. Extended hours would allow flexibility for special exhibitions and educational programs such as school field ~rips which are now limited by the number of daylight hours the fair is open. The fair would probably continue to open at 4 p.m. for the general public. The proposed amendment would give the fair latitude in setting hours and days of operation to help cope with school openings and the need for more daylight hours for events and programs. Petition: Petition to amend the conditions of SP 92-19 to allow expanded hours and days of operation for the county fair located on 50 acres zoned RA, Rural Areas. (See SP 92-19 Conditions of approval - Attachment B and SP-92-19 staff report - Attachment C). Property, described as Tax Map 87, Parcel 3, is located on the north side of State Route 692 (Plank Road) approximately 0.4 miles west of Route 29 in the Samuel Miller Magisterial District. This site is not in a designated Development Area (Rural Area 3). (See maps - Attachment D). Character of the Area: This site is open pasture land. Other properties in the area are lax'ge farm tracts. Smaller parcels with residences (zoned VR Village Residential) are located between this site and Route 29, RECOMMENDATION: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval. Planning and Zoning History_: The 1982 County fair was held on Fifth Street Extended on industrially zoned property. Between 1983-1987 the fair was held at Claudius Crozct Park. Since 1988 the existing site at North Garden has been used under the following applications: March 23, 1988 - SP 8%109 was approved which authorized the operation of a fair for one year. A site plan was subsequently approved by staff. November 16, 1988 - SP 88-90 was approved which authorized the operation of a fair until December 31, 1992. June 10, 1992 - SP 92-19 was approved which authorized a fair indefinitely. (Applicant obtained a 30 year lease.) Comprehensive Plan: This site is designated Rural Area. It is part of the 6,231 acre Hardware Agricultural/Forestal District. The Open Space Plan shows this site and much of the surrounding area designated as important Farmlands and Forests. Wet soils associated with a Major Stream Valley are found on the site. Also, the site is adjacent to Crossroads Tavern, a historic property listed on the National Register of Historic Places and the Virginia Landmarks Register. A Goal of the Comprehensive Plan is, "Promote the continuation of a viable agricultural and forestai industry and resource base." An Objective is, "Support the agricultural and forestal industry through promotional activities." Staff opinion is that extending the days and hours of operation of the County fair as requested is consistent with agricultural support objectives and would not detract from the existing agricultural/forestal district. STAFF COMMENT: Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to ad_iacent nroverw, The fair has been determined to be an appropriate use on this site under the previous special use permit. Possible impacts have been addressed by the conditions of approval. Extending the fair operation from six to eight days with more daylight hours will extend the period of fair activity and traffic, and the period necessary for traffic management. However, the fair villi still be a temporary event, and has co-existed with adjacent property without substantial detriment to those properties for several years. Staff opinion is that this extension of hours and days of operation will not cause substantial detriment to adjacent property. The Virginia Department of Transportation had no comments. The Albemarle County Police Department said that as long as the same requirements are maintained, they have not further comments or considerations. that the character of the district will not be changed thereby, The fair temporarily changes the character of the surrounding rural area for one week out of the year. The long term effect on the rural character is positive. The fair supports and promotes agriculture in Albemarle County; it educates residents about the importance of agriculture m our economy, environment, and quality of life; the fair lease arrangement also assists the property owner in maintaining the fair site in open space for agricultural use for the remainder of the year. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the Zoning Ordinance, relation to the environment, and relation to Comprehensive Plan as stated in Sections 1.4, 1.5 and 1.6, and has found this application to be in harmony with these sections. Specifically, this request facilitates the provision of recreational requirements, and the preservation of agricultural lands and activities in the Rural Area.. with the uses permitted by right in the district, The fair site is maintained as open space in agricultural use the remainder of the year. Adjacent agricultural uses are not affected by the fair~ with additional regulations provided in Section 5.0 of this ordinance Section 5.1.27 of the Zoning Ordinance contains supplementary regulations for "temporary events sponsored by local nonprofit organizations." The conditions established under SP 92-19 ensure compliance with this provision of the ordinance. and with the public health, safety and general welfare. Extending the hours of operation of the fair will promote the general welfare by providing for increased youth participation. Public health and safety concerns have been addressed by conditions of approval. SUMMARY: Staff opinion is that this request is in compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance. No increased impacts from this extension of days and hours of fair operation have been identified that are not addressed by conditions of approval. RECOMMENDED ACTION: Staff recommends approval subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: Amend condition #1 of SP 92-19 to read: Such events shall be limited to s-i-x eight consecutive days cxclud:mg °'- ]~'' ~,~,~,j. Hours of operation shall be limited to 4:00 v ........... v .............. s .... r~ ...... s '~,,~ 9.00 a.m. to lh00 p.m.. -- o .... ~ ...... :,~ .......... : .....°"-~-' ("Op ....... ~ .......... v .................~ erafion" shall mean the period of time during which the fa'rr is open to the public and shall not include set up, dismantling and restoration activities.) This permit is issued for the conduct of the Albemarle County Fair by the Albemarle County Fair, Incorporated, and shall not be used for any other event requiring special use permit pursuant to Section 10.2.2.42 and 5,1.27 of the Zoning Ordinance. The other conditions of SP 92-19 shall rema'm without change: The applicant shall notify the Albemarle County Police Department, Vkginia Departmem of Health, and servicing fire and rescue squads 60 days prior to each event and shall make adequate arrangements for the conduct of the event with each of these agencies; Traffic management shall be approved annually by the Albemarle County Police Department, Virginia Department of Transportation and Albemarle County Department o__f Planning and Community Development Dcpar'ar. cnt, with the final responsibility being that of the Police Department. The applicant shall abide by the approved site plan and submit any requests for amendments for administrative approval at least 30 days prior to each event. ATTACHMENTS: A - Applicant's proposal B- Conditions of Approval - SP 92-19 C - Staff Report - SP 92-19 D - Maps A:\SP9645.RPT kLBEMARLE COUNTY FAIR, INC. DESCRIPTION OF REQUEST: TO revise item ~1 of SP-92-19 to (a:) extend the allowed days and (b:) extend the allowed hours of operation as follows: Such event shall be limited ~o eight consecutive days including Sunday. Hours of operation shall be limited to 9 a.m. to 11:00 p.m. JUSTIFICATION OF REQUEST: The request for extended days of operation would allow flexibility and opportunity to expand programs. The need for operation on Sunday has been felt for many years especially now that the public schools are opening during the week of the Fair. Youth participation in programs have suffered as a result and having an additional non-school day (Sunday) would give flexibility in regaIning some of the lost participation as well as general attendance. The request for extended hours would allow for flexibility for special exhibitions and education programs such as field trips that are being limited by the number of daylight hours the fair is open now. The passage of the amendment would not mean that the fair will be open from 9-11 for eight days straight; what it would do is give the Pair latitude in setting hours and days of operation to help cope with school openings and the need for more daylight hours for events and programs. Please refer to SP-92-19 for additional documentation I ATTACHMENT A J Albemarle County Fair, Inc. Ticket Sales The following table reflects ticket sales at the entrance gate on the indicated day of the fair. It does not include pre-admission ticket sales nor those passes given to volunteers, exhibitors, and youth participants. Tuesday 3950 4353 1752a Wednesday 2741 ~ 4697 27825 Thursday 3123 2400 2 3081 Friday 4953 2568 3 4281 Saturday 7654 7632 7322 ~rO?AL 22,421 21,650 19,218 Showers Showers Brief showers School open / brief showers School open I ATTAC'MENT B I COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-5823 June 18, 1992 Albemarle County Fair, Inc ATTN: Michael G. Stewart 5 Lake Forest Drive Charlottesville, VA 22901 RE: SP-92-19 Albemarle County Fair Tax Map 87, Parcel 3 Dear Mr. Stewart: The Albemarle County Board o~f Supervisors, at its meeting on June 10, 1992, approved the above-noted request to amend SP-88-90 to permit a fair. Please note that this approval is subject to the following conditions: Such events shall be limited to six consecutive days excluding Sunday. Hours of operation shall be limited to 4:00 p.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m. on Saturday with no operation on Sunday ("Operation" shall mean the period of time during which the fair is open to the public and shall not include set up, dismantling and restoration activities.) This permit is issued for the conduct of the Albemarle County Fair by the Albemarle County Fair, Incbrporated, and shall not be used for any other event requiring special use permit pursuant to Section 10.2.2.42 and 5.1.27 of the Zoning Ordinance; The applicant shall notify the Albemarle County Police Department, Virginia Department of Health, and servicing .fire and rescue squads 60 days prior to each event and shall make adequate arrangements for the conduct of the event with each of these agencies; Albemarle County Fair, Page 2 June 18,21992 Inc 3e Traffic management shall be approved annually by the Albemarle County Police Department, Virginia Department of Transportation and Albemarle County Planning Department, with the final responsibility being that of the Police Department. The applicant shall abide by the approved site plan and submit any requests for amendments for administrative approval at least 30 days prior to each event. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, VWC/j ow Development Amelia Patterson Jo Higgins Elizabeth P. Scott I ATTACHMENT C I STAFF PERSON: WILLIAM D. FRITZ PLANNING CQMMISSION: JUNE 2, 1992 BOARD OF SUPERVISORS: JUNE 10, 1992. SP-92-19 ALREMA~LR COUN=i"f FAIR INC. Petition: Albemarle County Fair Inc. petitions the Board of Supervisors to amend SP~88~90 to permit a fair [10.2.2142)] on 50 acres zoned RA, Rural Areas and EC, Entrance Corridor Overlay District. Property, desoribed as Tax Map 87, Parcel 3, is located on the north side of Route 692 approximately 0.4 miles west of Route 29 in the Samuel Miller Magisterial District. This site is not located in a designated growth area (Rural Area 3). Character of the Area: This site is open pasture land. Properties between this site and Route 29 South are developed residentially. Other properties in the area are large farm tracts. Applicant's Proposal: The applicant ms seeking approval of this permit in order to allow the fair to continue to operate as it has in the past. The applicant has obtained a 30 year lease for the property. SU~kRYANDRECOM~ENDATIONS: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance as well as past approvals and history of the fair operation and recommends approval of SP-92-19 subject to conditions. Planning and Zoning History: March 23, 1988 SP-87~109 was approved which authorized operation of a fair for one (1) year. (A site plan was subsequently approved by staff.) the November 16, 1988 - SP~88~90 was approved which authorized a fair until~December 31, 1992. The reports for the past approvals are attached to this report. Comprehensive Plan: This site is in the Rural Areas. The report for SP-87-109 stated, "Staff's opinion is that the County fair is consistent with the agricultural support objectives and would not detract from the existing agricultural/forestal district." The Comprehensive Plan has been readopted since that time, however, it is the opinion of staff that these comments remain valid. STAFF.COMMENT: In 1991 th~ fair attracted approximately 25,000 visitors. Staff is unaware of any significant problems and no complaints have been received regarding the past use. Staff and the applicant have met with the Police Department to determine alternate methods for traffic/parking control designed to improve the traffic patterns in the area. The recommendations of the Police Department are included as Attachment D. No condition is needed to address these recommendations as it is currently addressed by Condition 2 of the previous approvals. Staff has noted the recommendation of the Police Department as evidence that past approvals have contained adequate conditions to react to changing needs. Staff sees no change in circumstance to warrant disapproval of this request or change in conditions governing the operation of the fair. Therefore, staff recommends approval of SP-92-19 with the following conditions which are identical to past conditions with the exception of a time limit for the approval and the deletion of the condition requiring site plan approval. RECOMMENDED CONDITIONS OF APPROVAL: Such events shall be limited to six consecutive days excluding Sunday. Hours of operation shall be limited to 4:00 p.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m. on Saturday with no operation on Sunday ("Operation" shall mean the period of time during which the fair is open to the public and shall not include set up, dismantling and restoration activities.) This permit is issued for the conduct of the Albemarle County Fair by the Albemarle County Fair, Incorporated, and shall not be used for any other event requiring special use permit pursuant to Section 10.2.2.42 and 5.1.27 of the Zoning Ordinance; The applicant shall notify the Albemarle County Police Depar~t/.ment, Virginia Department of Health, and serviding fire and rescue squads 60 days prior to each event and shall make adequate arrangements for the conduct of the event with each of these agencies; Traffic management shall be approved annually by the Albemarle County Police Department, Virginia Department of Transportationand Albemarle County Planning Department, with the final responsibility being that of the Police Department. 6 TOP CASTLE ROCK SP-96-45 Albemarle County Fair~ Inc -- 5 SP~-96~45 ~' Albemarle County Fai~, Inc. COUNTY OF ALBEMARLE Department of Planning & Community Development MEMORANDUM / TO: FROM: DATE: RE: Board Of Supervisors Eric L. Morrisette, Planner December 18, 1996 SP 96-47 Hank Brown In response to the attached December 10, 1996 letter from the Southwest Mountain Coalition, Staff is requesting that two additional "Conditions of Approval' be added to the report. The conditions adequately address the concerns in the letter. The applicant has been contacted and is agreeable to the new conditions. The additional "Conditions of Approval" are as follows: 1 2. The use of the building will be limited to architectural practices and storage of drawings, photos, and paintings; Client visits will be limited to three per month. Please contact me at your earliest convenience if you have questions or require additional information. ELM/ Attachment: December 10, 1996 Letter Copy: SP 96-47 Hank Brown Southwest Mountain Coalition Wayne Cilimberg Ella Carey SOUTttWEST MOUNTAINS COALITION P. O. Box 2 Keswick, Virginia 22947 Ms. Amelia McCulley Building Code and Zoning Services Albemarle County Office Building 401 Mcintyre Ave. Charlottesville,VA 22902 12/10/96 Re. S.N. 96-47 Henry T. Browne Dear Ms. McCulley, Being very protective of the South West Mountain Historic District, we are always concerned about anything that changes or could lead to change in the character of this area. In light of what Mr. Browne has already done with this property we believe that he is sensitive to the history and character of the area. However, as we understand it, the special use that he is requesting runs with the land and is not just granted to him personally. As we all know, special exceptions tend to grow once they are made. We would really prefer not to see the "door opened" on this one. But taken at face value, this request does noL seem to pose a high risk, but to minimise the risk if you do grant this, wwe request that you add two conditions; (1) that the use of the building will be limited to an architectural and/or an oil painting studio including storage of drawings, photqs and paintings, and (2) Client visits will be limited to 3 per month. This second request quantifies the very nebulous statement "occasional client visits". The non-conforming access to the property is a real hazard that must be contained. Sincerely, Southwest Mountains Coalition December 17, 1996 COUNTY OF ALBEMARLE Dept. of Planning & Community Devetopmem 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296~$823 Henry J. Browne 7886 Gordonsville Road Gordonsville, VA 22942 SP-96-47 Henry J. Browne Tax Map 51, Parcel 25 NOTE CORRECTED BOARD OF SUPER VISORS DATE Dear Mr. Browne: The Albemarle County Planning Commission, at its meeting on December 10, 1996, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The entrance onto Route 231 shall be maintained such that sight distance is optimized, providing a minimum of 250 feet of sight distance. 2. No commercial sales will occur on site. Use will be limited to two people (Applicant and one additional employee). Use of existing parking facility only. 5. Type of material and color of the additions are to match the existing shed. Additions to the existing shed shall be constructed in general accord with site plan (Attachment G). Should a bathroom be provided, Health Department approval will need to be obtained. Page 2 December 17, 1996 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Januarv 8. 1997. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. ? Sincerely, Eric Morrisette Planner EM/jcf cc: Ella Carey Jo Higgins Amelia McCulley Gary Rice STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Eric L. Morrisette December 10, 1996 January 18, 1996 SP 96-47 Hank Browne Applicant's Proposal: The applicant is proposing to operate a private architectural studio as a home occupation. No commercial sales are proposed. The use would occur in a detached building. The site would also serve as a storage area for the applicant's paintings and photos~ as well as provide space for the applicant' s hobby of painting. A detailed description prepared by the a~plicant is included as Attachment C. One employee is proposed. Petition: Petiti°n for approval of a Home Occupation Class B for the establishment of a private architectural studio on 2.556 acres zoned RA, Rural Areas, [10.2.2(31)] and EC, Entrance Corridor [30.6.3.2(a)]. Property, described as Tax Map 51, Parcel 25 is located an the west side of Ronte 231, along the southern bank of Happy Creek. The site is located in the Rivarma Magisterial District and is not in a designated Development Area. Character of the Area: The property entrance is directly off of Route 231, approximately 100 feet south of Happy Creek, This site is occupied by the main dwelling and two accessory, buildings. One of the detached structures, with additions, will be used for the studio (Attachment F). The studio is approximately 70 feet from Route 231 and the proposed addition will occur on the back side of the existing structure. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval, with conditions. Staff typically does not 'support a residential entrance for home occupations, unless the traffic generated by the home occupation in combination with the residential use of the property can be anticipated to remain within the level of traffic acceptable for a residential entrance. For this particular proposal, stafffinds the existing entrance adequate to support the proposed scale of activity in combination with the residential use. Planning and Zoning History: No planning or zoning history is available for this site. This is the former~ocation of a mill and 3_ remains of the former use still exist on site. Comprehensive Plan: This site is located in the Rural Areas of the Land Use Plan. The Plan discourages uses not related to bona fide agriculture or forestry. A use of this type and scale is not seen as having any sign'ff~cant impact to the Rural Areas. The site is located on a designated Entrance Corridor Route and within the Southwest Mountain Historic District. STAFF COMMENT: This application was made as a Home Occupation Class B. The applicant seeks to establish a private architectural studio on the property. No commercial sales wilt occur. Staffwill address each provision of Section 3t.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use pe .rrnits for uses as provided in this ordinance may be issued upon a findin~ by the Board of Supervisors that such use will not be of substantial detriment to adjacent property_, Staff notes that the applicant is proposing to construct a 535 square foot addition to the existing shed, but less than the 1500 square feet allowed for home occupations. As the use will be limited to two people and all drafting will be limited to the interior of the building, the impact of this use should be minimal. Staff notes that the proposed addition will occur on the back side of the shed. The applicant will also be using the existing parking facility, so no other impacts to adjacent property are identified. The primary impact will be a slightly increased use of the entrance due to one employee and occasional client visits. Further comments regarding the entrance are contained in the health, safety, and general welfare section. that the character of the district will not be changed thereby, Due to the above referenced items, the nature of the impact to the character of the district will be minimal. The structure has limited visibility from adjacent property. A condition has been provided to ensure that new construction is sympathetic to the character of the area, given its location along an Entrance Corridor Route and the Southwest Mountain Historic District. and that such use wilt be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. with the uses permitted by right in the district. Approval of this request will not affect permitted uses on adjacent property. with additional regulations provided in Section 5.0 of this ordinance, No additional regulations are found in Section 5.0 for private studios. Section 5.2 contains the regulations for home occupations (Attachment D). Staffhas reviewed the provisions governing Home Occupations and is unable to identify any conflicts. and with the public health, safety and general welfare. The Department of Transportation has reviewed this request and provided recommendations (Attachment E) that address the adequacy of the entrance. The Department of Transportation recommends a commercial entrance which would require improved sight distance to the west. The sight distance to the west for the existing entrance is 275 feet. This sight d'tstance exceeds VDOT's residential entrance requirements of 250 feet. Staff is not recommending that the entrance be improved to meet commercial sight distance. In two recently approved Home Occupation applications, (SP 96-35 and 96-36 Suzanne and Matthew Crane), it was required that residential sight distance be maintained. Commercial sight distance was not required because the level of traffic generated by the Home Occupations would not generally exceed that normally generated by a single family dwelling. Staff review of the Henry Browne application has resulted in a determination that the level of traffic generated by the proposed use will not exceed the level of traffic generated by a single family dwelling except for occasional client visits and, therefore, staff is recommending that only residential sight distance be required. (The entrance currently has adequate residential sight distance.) While the applicant will have one employee who will be arriving and leaving the site daily (2 trips per day), this is offset by the applicant's working on site instead of driving off-site (2 trips per day). Staff notes that should the Board of Supervisors require commercial sight distance the applicant will' be unable to make use of the special use permit as substantial grading on property not under the control of the applicant will be required. SUMMARY: Staff has identified the following factors which are favorable to this request: l Small scale activity that will involve limited addition to an existing shed and will have no visible impact to the adjacent properties; Commercial sales will not occur on site; Generally complies with the provisions of Section 31.2.4.1 of the Zoning Ordinance. Staff has identified the following factor which is unfavorable to this requea,.t: 3 The entrance does not have the site distance recommended by the Virginia Department of Transportation. Staff does not support VDOT's recommendation to improve the existing entrance, because the level of traffic generated by the proposed activity will not be greater than that generated by a single family dwelling except for occasional client visits. Based on the project's minimal impact to the entrance and the surrounding area, staffis able to support this request and recommends approval subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 3. 4. 5. 6. The entrance onto Route 231 shall be maintained such that sight distance is optimized, providing a minimum of 250 feet of sight distance. No commercial sales will occur on site. Use will be limited to two people (Applicant and one additional employee). Use of existing parking facility only. Type of material and color of the additions are ro match the existing shed. Additions to the existing shed shall be constructed in general accord with site plan (Attachment G). Should a bathroom be provided, Health Department approval will need to be obtained. ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's Description D'- Section 5.2 of The Zoning Ordinance E - Department of Transportation Comments F - Build'rog Plan G- Site Plan EARLY,SVILLE AREA $P-96-47 Henry J. Browne 5O ALBEMARLE 67 RIVANNA COUNTY SP-96-47 Henry J, Browne DISTRICT SECTION 51 I ATTACHHENT B I T.U, .51 PAR, 25 0.8, 823 P. 122 , D.B. 285 P, 528 i~ D.B. 228 P. 427 a 2.$56~ AC, PLAT SH~:~VING PHYSICAL SURVEY PARCEL. 25 ON' TAX MAP 51 IN ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 100' ROVEM~ER 3t, 1993 200 DESCRIPTION OF REQUEST: TO CREAT SPACE FOR MY NEW HOBBY OF OIL PAINTING AND A STUDIO TO ALLOW ME TO FINISH OUT A CAREER IN ARCHITECTURE. I HAVE RETIRED FROM MY FORMAL PRACTICE AFTER 38 years IN CHVILLE 1 WILL CONTINUE TO FINISH.SOME PROJECTS OUT OVER THE NEXT FEW yEARS. SE~ DRAWING~ ATTAC~ JUSTIFICATION OF REQUEST: DURING MY 38 YEARS IN PROFESSIONAL PRACTICE ONE"ACCUMULATES A LOT O~' DRAWINGS AND RENDERINGS OF THE PROJECTS.MY FILES WILL BE HOUSED IN THIS BUILDING ALONG WITH OVE~ 23~000 PHOTOS AND OTHER DRAWINGS. I WILL BE ~INISHING UP A pEW PR0~ECTS THAT I WANT TO ~INISH ~nRF T OnUDT.~TF MY O~REER. I HAVE A NEED OF OF LARGER PAINTING STUDIO AND MORE WAL~ , SPA~E TO HANG MY ART WORK,. , . I ONLY INTEND TO HAVE(ONE) OTHER PERSON,HELP ME WITH THE WILL OCCUR 'AS A RESULT OF THIS WORK, I and accompanying information is accurate, ~ of my kn~w~dge and belief, ~/ Signatur? ~/ - -- Date HENRY/. BROWNE AIA 28 OCT 96 hereby certify that the information provided on this application true and correct to the Receipt# 5.2 5.2,1 5.2.2 5.2.2.1 I ATTACHt4ENT D I HOME OCCUPATIONS CLEARANCE OF ZONING ADMINISTRATOR REQUIRED Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator shall refer the s.ame to the Virginia Department of Highways and Transportation fo~i approval of entrance facilities and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home C.i occupation, Class B, except after compliance with section~ 5.2.3 hereof. (Amended 3-18-81) REGULATIONS GOVERNING HOME OCCUPATIONS ~iIi~ The following regulations shall apply to any home occupation: Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or. both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; There shall be no change in the outside appearance of the buildings or premises, or other visible evidenceof the conduct of such home occupation other than one (1) sign. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall no~ be used for any home occupation; There shall be no sales on the premises, other than items handcrafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one-chair'barber shops; -70- (Supp. ~1, 3-18-81) 5.2.2.2 5.2.3 IA'r'rAcH" NT "t d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in residential neighborhood, and any need for parking generated by the conduct of such:home occupation shall~ be met off the street; Se All home ocaupations shall comply with performance standards set forth in section 4.14; fe Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. Prior to issuance of clearance for any home ocoupation, the zoning administrator shall require the app%~cant to sign an affidavit stating his clear understanding ~f and intent to abide by the foregoing regulations. CERTAIN PERMITS REQUIRED No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions of section 5.6.1 of this ordinance shall apply hereto, m~tatis mutandis. -70.1- Page 4 November 21, 1996 Mr. Ron Keeler December Public Hearings 9~-~4 ~eorqe Hall, Buddy's Mobile ~utomotive Repair, Route ;i, We recommend that the pavement be repaired in the entrance an'~ cut the vegetation to the west to improve sight distance. This site had earlier improved the entrance, however, the pavement needs repair. SP-96~45 Albemarl~ ~]n~y Fair, Inc , Route 692 SP-96-47 Henry Browoe, Route 231 This site currently has only a private entrance. We recommend a commercial entrance that will require improved sight distance to th~ wet. Currently it is only 275 feet.. SP-96-48 Terry Dean's Dance Stnd~.o, Rou~e 852 Currently has two existing commercial entrances. Not a major impact. SP296-49 The Tandem School This site should be served only off of proposed connector road and the existin~ entrance to Route 20 be closed. If you have any concerns with these commants, releasing to the developer. please discuss with me before Yours truly, Assistant Resident Engineer HWM/smk cc: Jim Kesterson Irma Von Kutzleben ,JANUARY 8, 1997 EXECUTIVE SESSION MOTION ] MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION PURSUANT TO SECTION ;~. I -344(A) Of THE CODE OF VIRGINIA UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING A SPECIFIC LEGAL MAi IER CONCERNING REVERSION. OI0897.WPD