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1997-01-08
January 8, 1997 (Regular Night Meeting) 0000,~ (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 8, 1997, at 7:00 P.M., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Mumphris, Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and Mrs. Sally H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Larry W. Davis, and County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:00 P.M., by the Chairman, Mrs. Humphris. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. There were none. Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Marshall, seconded by Mr. Bowerman, to approve Item 5.1 on the Consent Agenda, and to accept the remaining items for information. Roll was called, and the motion carried by the following recorded vote: : Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. Item 5.1. Jefferson Area Community Criminal Justice Board (CCJB), appointment of two new board members. It was noted in the staff's report that appointment of members must be approved by all participating localities. By the recorded vote set out above, the Board approved the appointment of Mr. Robert P. Dwoskin (to represent Greene County) and Mr. W. T. Lewis (to represent Education) to the Jefferson Area Community Criminal Justice Board. Item 5.2. Copy of Planning Commission minutes for December 10, 1996, was received as information. Item 5.3. October, 1996 Financial Report, was received for information. 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. (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 to work closely with church and school leaders, and particularly in southern Albemarle County with the newly-formed Southern Albemarle Associa- tion. He feels the community of $cottsville 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 with the grant it will help to serve some of the needs. There are youngsters in the community who are doing mischievous and vicious things to the older people, especially in the summer months. With no one else from the public coming forward to speak, the public hearing was closed. January 8, 1997 (Regular Night Meeting) 00005~ (Page 2) Motion was offered bY Mr. Marshall, seconded by Mrs. Thomas, to aCcePt the grant. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. Agenda Item No. 7. Public Hearing on the 1997-98/2001-2002 Capital Improvement Program. (Advertised in the Daily Progress on January 5, 1997.) Ms. Roxanne White said that at the December 4, 1996, work session, the recommended FY 1997-98/FY 2001-02 Capital Improvements Program totalling $62.6 million was presented to the Board. The proposed CIP is broken down into the following functional categories: Proposed Expenditures Administration Fire/Rescue/Safety Highways/Transportation Libraries Parks and Recreation Utility Improvements Education Fund Projects Stormwater Fund Projects Contingency Reserve Total Expenditures FY 1997-1998 FY 1998-2002 Proposed Revenues Borrowed Funds Local Revenues Technology Funds Miscellaneous Funds Total Revenues $440,000 $2,834,250 $585.500 $3,719,830 $554,000 $3,573.075 $232,500 $418,500 $396,000 $2,210,935 - $300,000 $18,031,120 $48,728,827 $110,000 $330,000 $496,670 $20,349,120 $62,612,087 $15,988,120 $3,268,000 $575,000 $518,000 $20,349,120 $43,630,827 $16,263,260 $575,000 $2,143,000 $62,612,087 Ms. White said the only changes proposed to the recommended five-year Capital Improvements Program will be the additional funds of $4.25 million needed for the new high school, which have been offset by proposed reductions in other projects, i.e. Henley addition (-$1.0 million), PREP facility (-$2.5 million), Burley Technology Lab (-$250,000) and an additional $500,000 recommended by the Board to be found within other School Division CIP pro- jects. Total project costs for the School Division over the five-year CIP program should remain at $48.7 million, but specific projects and their costs may change based on a revised capital program being presented to the School Board on Monday, January 13, 1997. A revised school capital program will be brought back to the Board for review and approval during general budget work sessions in March. No action is needed from the Board following this public hearing. With no questions from the Board members, the public hearing was opened. First to speak was Ms. Evelyn Meese speaking for park development in Scottsville. There was seven other people with her in support of her request. She expressed concern that the money for the Scottsville Community Center was allocated for the year 1999 and now the project has been split and moved to the years 1999 and 2000. To complete the park, the rest of the projects have been pushed to the years 2001 and 2002. She thanked the Board for what it has done so far. She said the park has been a good addition t© ~he c°mmunity. Ms. Meese said they are in wholehearted support of the block grant and the funds that are being allocated to the Southern Albemarle Development Association to get facilities in the Esmont area, but there is nothing in that plan for a baseball field in the community. She feels a baseball field in the Scottsville area would serve the entire southern Albemarle area. At this time they have only one field, and that is sized for Little League games, In keeping with adding protection in the way of police to the southern Albemarle area, youth should be offered some recreational activities to keep them out of trouble and under adult supervision to guide them in the proper direction. Mr. Brian Bodine, Scottsville Chamber of Commerce, asked the Board to consider reconstruction of. the CIP so the original Scottsville Park can be included. The Town has made great strides in the last few years to improve its image. Business start-ups have increased and these businesses are doing well. New home construction is increasing. There are a lot of young families moving into the community. The Chamber has requested ISTEA funds for the canal basin square project. They have raised over $40,000 for the project through business and private donations. With approval of the ISTEA grant, that would mean approximately $200,000 going into the project to create an area for visitors and tourists. He thinks it will be a drawing card through the Civil War Trails program which they are also implementing° They want to be able to show that the entire County is behind this project, and want a nice area for people to visit and come back to often. Mr. David Roach said he has been with the baseball league since 1986, serving in many capacities. He asked that the Board change its plans and give them the money in the next year° Their league has grown from four teams to 12 teams last year and will continue to grow. The parents have worked hard to January 8, 1997 (Regular Night Meeting) (Page 3) keep the league going. Last year they won the DiXie League, and it is embarrassing when they host other teams because they have the worst facilities in the State of Virginia. They are just asking that they be given the money for the ballfield according to the original plan. Mrs. Berlinda Mills said she has been working for years to try and get a park in the Esmont area. There is a request for $50,000 for 1997-98/1998-99 to begin development in Esmont of a park. Theirs is also a growing area. There are five communities feeding into the area in the southern part of Albemarle. They have people of all ages, children, youth, young adults and seniors who need to be considered in plans for a park. She asked that the Board approve the project as soon as possible. With no one else from the public rising to speak, the public hearing was closed. Mr. Marshall asked if there is a possibility of getting at least a part of the money moved forward in the plan, such as the $60,700 for Scottsville, and $50,000 for the Esmont area. Mr. Tucker said for the Esmont area there is $50,000 shown for 1997-98, and $50,000 for. 1998-99. Mr. Marshall asked if all of the funds could be put into 1997-98. Mr. Tucker said that in order to do this, funds would need to be taken from another project. There is only a fixed amount of funds to be used for all projects. He will need to talk with the Parks Director about the Scottsville situation to see if portions of those projects can be moved forward. Mr. Marshall asked if the $60,700 for Scottsville can be moved back into 1998. He said the Scottsville Community is growing rapidly so there is a tremendous need. Mr. Tucker said hearing the support there is for this project in Scottsville, he wonders if the Town would be willing to consider matching funds to help in moving some of the funds forward. The County did make a significant stride in expanding the boundaries of the Town so that it could try to provide some of these services. Mr. Marshall said he thinks it was a good thing for the County to allow the boundary adjustment, but it has sort of overwhelmed the community with a multitude of problems all at one time. They do need some help from this Board. There being no further comments, the Board moved to the next agenda item. Agenda Item No. 8. 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 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 Pollu- tion Control Board. (Advertised in the Daily Progress on December 23 and December 30, 1996.) Mr. Tucker summarized the reasons for the ordinance amendments (see minutes of December 4, 1996, for work session on this item). Mr. Tucker said the Board will be readopting the Virginia Statewide Fire Prevention Code to mirror the State Code as it mirrors fire prevention. Also, staff has followed the state's model ordinance from the Air Pollution Control Board on open burning. He knows that Board members have concerns about the open burning provisions, but the intent is to have the ordinance adopted as a base to mirror the State's ordinance, and then bring back as an amendment some stricter rules on open burning. That takes a convoluted approval process. The Board first holds the public hearing, and then staff takes that to the state to get their approval if the ordinance is more restrictive than the State Fire Prevention Code. After the Board adopts the ordinancer there is a resolution to be adopted setting out the fee schedule for the various uses in the ordinance. At this time, the public hearing was opened. Mr. Barry Snorr came forward to speak in support of the amendment. He thinks that accepting the amendments is a smart move as far as safety is concerned, but particularly the article regarding the burning of trash will help prevent annoying trash burning. With no one else rising to speak, the public hearing was closed. Mrs. Thomas said she thought the regulation on open burning sounded reasonable, but she had not thought that her neighbor, who piles up things and then eventually sets them on fire, would have to get a permit for that. In Section 9-24(b)(3) it cites that burning has to be at least 300 feet from any occupied dwelling, where it is 500 feet for the same type of burning in Section 9-23(c)(3). Mr. Davis said Section 9-24 refers to debris waste which has to do with the clearing of land. Unless Mrs. Thomas' neighbor were clearing the property, that section would not apply. January 8, 1997 (Regular Night Meeting) (Page 4) Mrs. Thomas asked if property · maintenance is not what a his own farm. Mr. Davis said there is a distinction between cleaning up. Cleaning up would not be debris waste. 000055 person does on land clearing and Mrs. Thomas said she had pictured this ordinance as being more intrusive on the average homeowner than it appears to be. But, it is still true that one is not supposed to burn garbage if refuse pickup is available. Mr. Davis said there are two areas where the ordinance has some significance. That requirement, and the leaf burning requirement that no burning can take place within 300 feet of an occupied dwelling of a neighbor without their permis- sion. That follows state code regulations which are in effect pursuant to the Open Air Burning Regulations of the State. Mrs. Thomas asked the definition of a built-up area. She knows of places where there are several houses in a cluster, and these dwellings are bothered by shifts in the wind when there is burning anywhere nearby. Mr. Davis said that what is included within that definition is up to the fire marshal. A built-up area is any area that has a concentration of occupied dwellings. There is no formula to determine the number of dwellings neces- sary. Motion was offered by Mrs. Thomas, seconded by Mr. Bowermanr to adopt An Ordinance to Amend and Reordain Chapter 9, Fire Protection, of the Code of the County of Albemarle, Virginia (as set out in full below). Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. ORDINANCE NO. 97-9(1) 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 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 fu'e. Definitions. Local appeals. Permits required Title. Purpose. Adoption of Virginia State Air Pollution Control Board regula- tions. 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 vehicles. Applicability of Statewide Fire Prevention Code. Fire lanes. By Repealing: Section Section 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 to extinguish fires built in open; liability for forest fires. Precautions required to prevent spread of fire. Linfitation 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. Article 1. In General Office of the Fire Marshal created; appointment, oath and powers of the Fire Marshal January (Page 5) 8, 1997 § 9-2. § 9-3. 8 9-4. § 9-4.1 § 9-4.2 § 9-4.3 8§ 9-5, 9-6. § 9-7. § 9-8. § 9-9. § 9-10. § 9-11. 8 9-12. § 9-13. 8 9-14. 8 9-15. 8 9-16. 8 9-17. 8 9-18, 8 9-19. § 9-20. (Regular Night Meeting) and his deputies. General precautions to prevent spread of fire. Damaging or jeopardizing property of another by fire. Article I1. Fire Prevention Code Adoption of Virginia Statewide Fire Prevention Code. Definitions. Local appeals. Permits required Repealed. Fire lanes. Fire protection systems. Article 111. Fireworks 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. 8 9-21. Title 8 9-21.1 Purpose. 8 9-21.2 Adoption of Virginia State Air Pollution Control Board Regulations. § 9-21.3 Definitions. § 9-22. Prohibitions on open burning. 8 9-22.1. Exemptions. § 9-23. Permissible open burning. § 9-24. Permits. § 9-25. Penalties for violation. 88 9-26, 9-27. Repealed. 000056 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 other emergency situations, the fire marshal and his assistants, or other officer in charge of such fire department or company at that time, shah 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 fn:e marshal or other officer in charge shall display his fire fighter's badge or other proper January 8, 1997 (Regular Night (Page 6) meansofidentification. Meeting) 00005'7 (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 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 ease the fire marshal or his assistants, or other officer in charge, may order such persons from the scene of the emergency haeident. 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 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 other land. (b) During the period beginning Fd~ruary 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. (e) 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 sex'tion shall be guilty of a Class 3 misdemean- or 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 of another is damaged or put in 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., § 10.1-1142. ARTICLE 11. FIRE PREVENTION 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 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 shah 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 matters. January 8, 1997 (Regular Night Meeting) (Page 7) 'oooO$8 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 shah 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 shah 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 fn'e prevention appeals board may be made by any person aggrieved by any · decision or interpretatiOn of the fire °ffi~ial :had~ Under the provisions of the fire Prevention code. Sec. 9-4.3. Permits required. Permits shah be obtained, when required, from the fire official. Permits shall be available at aH 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 shah 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) Thc 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 to the public. (b) Designated fire lanes shall be free of obstructions, vehicles and marked in a manner prescribed by the fire official. (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. (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 shah be provided by the county. (e) Any police officer or the fire official who finds any vehicle in violation of this section shah also have the authority to 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 finds any such violation to be 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 registrant's propOsed activities. (c) Any person or persons engaged in the aforementioned activities shah 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) January (Page 8) 8, 1997 (Regular Night Meeting) ARTICLEIII. FIREWORKS 000059 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 fi_reworks. Sec. 9-10. Manufacture, sale, discharge, etc., of certain fh-eworks prohibited. Except as otherwise provided in this article, it shah 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 shah 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., §§ 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 f~t 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 shah 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 shah 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 fare 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 shah refuse to issue such permit. (Code 1967, § 10-8; 4-13-88) Sec. 9-15. Same--Conditions. The fare official may specify, in any permit issued pursuant to section 9-12, any conditions which he shah deem necessary to protect persons and property. Such conditions may include, but shah not be limited to, the type of fireworks to be used in such display, the hours when such display may be presented, required fare 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 shah ftc 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 fare official and licensed insurance company for the payment of aH 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. (Code 1967, § 10-10; 4-13-88) January 8, 1997 (Regular Night Meeting) (Page 9) Sec. 9-17. Sam~-Nontrans~rable. 00OO6O No permit issued pursuant to section 9-12 shall be transferable. (Code 1967, § 10-11) Sec. 9-18. Disposal of unused f'weworks 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. (Code 1967, § 10-12) Sec. 9-19. Sale, discharge, etc., prohibited in certain locations. It shah 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, except in a fully enclosed building where fireworks are permitted for such sale or use. Fully enclosed building shah 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 certain f'weworks. Any law enforcement officer arresting any person for the violation of any provision of this article shah 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 shah 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 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 cleating 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. January 8, (Page 10) 000061 1997 (Regular Night Meeting) 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: 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. HoasehoM 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/demoli- tion/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 government. 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 business, 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 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 designed to provide good combustion performance. See. 9-22. Prohibitions on open burning. (a) No owner or other person shall cause or permit open burning or the usc of a special incineration device for disposal of refuse except as provided in this ordinance. (b) No owner or other person shall cause or permit open burning or thc 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 fire 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 materialso (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. January 8, 1997 (Regular Night Meeting) (Page 11) 000062 (e) Open burning or the usc 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 thc 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 thc 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 .... immediai~cly term~ated in 'thc 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 fighters under the supervision of thc 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 thc disposal of leaves and .tree, yard and garden trimmings located on the premises of private property, provided that the following conditions are met: 1. Thc burning takes place on thc 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: 1. The burning takes place on the premises of the dwelling; 2. Animal carcasses or animal wastes are not burned; 3. Garbage is not burned; Thc location of thc 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 mainte- nance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or 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; Thc 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; January 8, (Page 12) 1997 (Regular Night Meeting) 000063 The burning shah be conducted at the greatest distance practicable from highways and air fields; The burning shah be attended at aH times and conducted to ensure the best possible combustion with a minimum of smoke being produced; 6. The burning shah not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 7. The burning shah 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 fare hazard due to the Presence of methahe g~is provided that the following conditions are met: 1. The burning shah take place on the premises of a local sanitary landfall which meets the provisions of the regulations of the Virginia Waste Management Board; 2. The burning shall be attended at aH times; The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, dean burning construction waste, dean burning debris waste or dean burning demolition waste; All reasonable effort shah 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 land£fll shah be established in coordination with the regional director and the fare official; no other site shall be used without the approval of these officials. The fare 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(e)) 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 confuxnation 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 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. Co) Prior to the initial installation (or reinstaHation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shah 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: 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 farewood; The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; The burning shah 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 fare 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 aH 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; January 8, (Page 13) 1997 (RegUlar Night Meeting) ooooe 6. 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 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(0 or section 9-24(b) shah 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. Scc. 9-25. Penalties for violation. (a) Co) (c) Secs. 9-26, 9-27. 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 conditions of this ordinance. Repealed by ordinance adopted January 8, 1997. Motion was then offered by Mrs. Thomas, seconded by Mr. Perkins, to adopt a resolution as authorized by Code of Virginia § 27-98 leving fees in order to defray the cost of administration, enforcement and appeals of Chapter 9, Fire Prevention, of the Code of Albemarle. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. RESOLUTION WHEREAS, the Board of County Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia 5tatewide Fire Prevention Code as set forth in Section 9-4 of the Code of Albe- marle; 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 fofowing fee schedule, which shall be administered by the County Fire Official and his authorized assistants. FEE SCHEDULE FEE SECTION FIRE CODE REFERENCE $125.00 Open Burning per job 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 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 direc- tion of the Fire Prevention Office only. The duration of the permit shall not exceed sixty (60) days. $50.00 per use Bonfu'es 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. $50.00 per job Torches for Removing Paint F~04.2 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 shaft be secured from the Fire Prevention Office prior to the operation taking place. The duration of the permit shall be thirty (30) days and shaft require the Fire Prevention Office to be notified by the contractor on each day a torch is to be used at the site. $50.00 annual Airports, Heliports and Helistops F-801.2 For the operation of any public airport, heliport, hellstop or aircra~ hanger within the county. January 8, 1997 (Page 14) $50.00 perjob $5O.00 annual $50.00 annual $50.00 annual $50.O0 annual $50.00 perjob $125.00 annual $50.00 annual $50.00 perjob $50.00 annual $50.00 annual $75.00 annual $75.00 annual (Regular Night Meeting) OOOO65 Refinishing of Pins or Lanes at Bowling Establishments F-901.2 For the application of any flammable liquid or material involved in the refmishing of bowling pins or the resurfaeing 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 dosed 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 F0r 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 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-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. 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 conduct or maintain equipment, processes and operations of vehicle-wrecking yards, junk yards and waste 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 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 Generators F-2201.2 For those companies, copartnership's, corporations or owner-operators who weld or cut with gas, electric are 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 ease of an emergency call which does not allow time for notifica- tion. 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. January 8, 1997 (Page 15) $75.00 annual $75.00 annual $125.00 annual $75.00 annual $75.00 annual $75.00 annual $125.00 annual $125.00 annual $125.00 annual $250.00 annual $150.00 annual $100.00 perjob $250.00 annual (Regular Night Meeting) Calcium Carbide Systems 000066 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 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 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 cellulose nitrate film in excess of twenty-five (25) pounds (11.35 kg). 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 (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 Blastina Pments 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 F-3001.2 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 location the type and extent of blasting to be performed. Duration shah 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 thc county. Bond or insurance required in an amount specified by the Fire Prevention Office, but in no case shah it be less than one million dollars ($1,000,000.00). January 8, 1997 (Page 16) $50.00 plus per job $75.00 annual per stand $50.00 perjob $50.00 annual $75.00 annual $125.00 Annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual (Regular Night Meeting) 000067 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 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. Fireworks - Retail Sales to Public To sell, offer for sale, expose for sale, store awaiting sale, at any retail stand or business in the ceunty, of any Virginia approved Class C fireworks. Insurance or bond required, in an amount specified by the Fire Prevention Office, but in no ease 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 stationary 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 re£me 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 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). 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 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 fanning operations installed on a private farm. Organic Peroxides F-3701.2 For the Class 2 organic storage, use or handling of any quantity of unclassified detonable, Class 1 or organic peroxides and more than twenty-five (25) pounds (11.4 kg) of ClaSs 3 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. January 8, 1997 (Page 17) $125.00 annual $125.00 annual $125.00 annual $125.00 annual $125.00 annual (Regular Night Meeting) oooo68 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 identified by the signal words: POISON, DANGER, DANGER or POISON printed on the label. F-4001.2 Pyrophoric Materials For the storage, use or handling of any amount of pyrophorie material. Radium or other Radioactive Material F-4101.2 To store, handle or install more than one (1) mieroeurie of radium not contained in a sealed source or more than one (1) millicurie of radium or other radioactive material ' :': ~:: ~:~'~e~ied ~u~!:0r:'~ii'r~esi'~r anY amount of radiOactive material which requires a specific license from the U.Si 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 i 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. OTHER FIRE~ RESCUE AND INSPECTION-RELATED FEES $5.00 plus 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 $5.00 For all requests for information regarding environmental assessment studies. Photographic Requests $5.00 plus Fifty Cents ($0.50) for each photo requested to be sent. 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. (Advertised in the Daily Progress on December 23 and December'30, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and made a permanent part of the records of the Board of County Supervisors. He said the Planning Commission, at its meeting on December 10, 1996, unanimously recommended approval of $P-96-39 subject to three conditions. The public hearing was opened. The applicant was present, but did not care to speak. With no one else rising to speak, the public hearing was closed. Motion was immediately offered by Mr. Perkins, seconded by Mr. Marshall, to approve SP-96-39 with the three conditions recommended by the Planning Commission. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. (Note: The conditions of approval are as follows.) 1. 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. b. Department of Engineering final approval; Water Resource Manager approval of a water quality impact assessment plan; Compliance with all federal, state and local requirements pertaining to a perennial stream; Department of Engineering issuance of an erosion control Permit (grading permit); January 8, 1997 (Regular Night Meeting) 000069 (Page 18) 3. 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 $P-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. (Advertised in the Daily Progress on December 23 and December 30, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and made a permanent part of the records of the Board of County Supervisors. He said that the Planning Commission, at its meeting on December 10, 1996, unanimously recommended approval subject to four conditions. The public hearing was opened.""Mr. Steve Meeks said the Fair strives to be a safe, wholesome, family operation, and they never want to deviate from that format. The Fair also does not intend to compete with any church activity, no matter what day it is held. There is no time of the year when there will be no conflict at all. Hopefully by amending the special permit they can include some activities they have not held in the past. There being no one from the public rising to speak, the public hearing was closed. Motion was offered by Mr. Marshall, seconded by Mr. Bowerman, to approve SP-96-45 with the four conditions recommended by the Planning Commission. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. (Note: The conditions of approval are as follows.) 1. 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 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 Sections 10.2.2.42 and 5.1.27 of the Zoning Ordinance; 2. 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 ar- rangements for the conduct of the event with each of these agencies; 3. 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; 4. 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. 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 1.0 mi S of Louisa County line. TMS1,P25. Rivanna Dist. (Advertised in the Daily Progress on December 23 and December 30, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and made a permanent part of the records of the Board of County Supervisors. He said the Planning Commission, at its meeting on December 10, 1996, recommended approval subject to seven conditions. In response to a letter from the Southwest Mountain Coalition, staff is now recommending that two additional conditions be added to those recommended by the Planning Commission. The applicant has been contacted and is agreeable to these additional conditions. These new conditions read: "The use of the building will be limited to architectural practices and storage of drawings, photos and paintings"; and "Client visits will be limited to three per month." The public hearing was opened. There was a representative for the applicant present who did not wish to speak. With no one else from the public rising to speak, the public hearing was closed. Motion was offered by Mr. Martin, seconded by Mrs. Thomas, to approve SP-96-47 with the seven conditions recommended by the Planning Commission, and the two additional conditions agreed to by the applicant. Roll was called, and the motion carried by the following recorded vote: January 8, 1997 (Regular Night Meeting) 000070 (Page 19) AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. (Note: The conditions of approval are as follows.) 1. 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; 3. Use will be limited to two peOple (aPplicant and one additional employee); 4. Use of existing parking facility only; 5. Type of material and color of the additions are to match the existing shed; 6. Additions to the existing shed shall be constructed in general . ~ accord with site plan (Attachment G); 7. Should a bathroom be provided, Health Department approval will need to be obtained; 8. The use of the building will be limited to architectural practices and storage of drawings, photos, and paintings; 9. 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 the act which created the V~rginia Outdoors Foundation (VOF). The proposed amendment will allow VOF to assist people who want to give conservation easements. This amendment (along with a request for funding from the State budget) will provide individuals giving the easements a way to defray costs such as appraisal costs, legal fees, recordation fees, etc. When the County has talked about purchase of development rights, this appears to be what was expected. It will help the people who normally would not be able to receive or obtain a tax deduction. This would help the County to meet some of the goals established in the Comprehensive Plan. He requested that the Board express support of the measure being sponsored by Vance Wilkins. Mr. Eowerman said bi-partisan support should not be an issue, but he would like for this Board to express its support. Mr. Martin asked about the study on the juvenile detention facility. Mr. Tucker said the report from the consultant is due on the 10th. Mrs. Thomas mentioned that Arlington County previously had legislation relating to "Dark Skies" approved by 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 ofthe concept and Mrs. Couric will get Albemarle's name added to this authority in proposed legislation. NOT DOClC~TED. At 8:05 p.m., motion was offered by Mr. Bowerman, seconded by Mrs. Thomas to adjourn into executive session pursuant to Section 2.1-344(A) of the Code of Virginia under Subsection (7) to consult with legal counsel and staff regarding a specific legal matter concerning reversion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. At 8:38 p.m, the Board reconvened into open session. Motion was offered by Mr. Bowerman, seconded by Mr. Martin, to certify by a recorded vote that to the best of each Board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the executive session were heard, discussed or considered in the executive session. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Mrs. Thomas. NAYS: None. Mrs. Humphris announced that the Board had decided to have an informal press conference with the members of the news media who are still preSent. Before beginning the press conference, on behalf of the BOard she read the following statement: "In light of recent news reports and statements made by City officials, the Board feels it is necessary again to clearly state the position of the County in regard to negotiating a reversion of the City of Charlottesville to town status. January 8, 1997 (Regular Night Meeting) O000~l (Page 20) So again she states, if City Council desires reversion,then the City Council and the Board of SupervisOrs should be able to sit down together and agree upon what services the County will provide for the town, and What aSSets associated with those services the City will transfer to the County. Other terms and conditions necessary to make reversion acceptable could certainly be negotiated. What cannot be negotiated, however, because it is not permissible as a term or condition of a reversion or of a voluntary settlement agreement under state law, are terms which dictate how an elected school board will run the school system after reversion, or terms which dictate how the County will determine the number and boundaries of election districts after reVersion. The County opposes any legiSlation~o change state law that WoUld permit negotiation on either of these points because that would be bad law. Running schools should be the responsibil- ity of an elected school board that is elected by the voters of the County which, of course, will include the voters of the new town. Determining election districts should be solely the responsibility of the board of supervisors who will be elected to represent ali~the people of those districts. A change to the existing laws is not necessary or desirable. How can the County sit down to negotiate a reversion it does not seek, with a City Council that does not have a position on reversion? Negotiation requires two parties with different positions to talk, with the goal of reaching a compromise. The County has taken its position. Negotiations can begin as soon as the City decides that it wants to revert." The Board then held its press conference, with all members basically restating what was in the statement. Agenda Item No. 13. Adjourn. With nothing further to come before the Board, the meeting was adjourned at 9:05 p.m.