Article III – Fire Prevention

Division 1 – Outdoor Burning

[Adopted 3-10-1978 as § 9-2 of the 1978 Code (Ch. 54 of the 1993 Code)]

§ 9.3-1 Burning prohibited unless precautionary measures taken.

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 also be unlawful for any employee 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.

§ 9.3-2 Time limits on burning during certain months; exceptions.

[Amended 7-12-1993]

Except as provided in § 10.1-1142, Subsection C, Code of Virginia, during the period beginning February 15 and ending April 30 of each year, even though the precautions required by § 9.3-1 shall 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 300 feet of any woodland, brushland or field containing dry grass or other inflammable material, except between the hours of 4:00 p.m. and 12:00 midnight. The provisions of this section shall not apply to any fires which may be set on federal lands.

§ 9.3-3 Fires built near flammable materials.

[Added 7-12-1993]

Any person who builds a fire in the open air or uses a fire built by another in the open air within 150 feet of any woodland, brushland or field containing dry grass or other inflammable material shall totally extinguish the fire before leaving the area and shall not leave the fire unattended.

§ 9.3-4 Violations and penalties; additional remedies.

A. Any person violating any provisions of this article shall be guilty of a Class 3 misdemeanor for each separate offense. [Amended 7-12-1993]

B. If any forest fire shall originate as a result of the violation by any person of any provision of this article, such person shall, in addition to the above penalty, be liable to the state and to the County for the full amount of all expenses incurred by the state and the County, respectively, in suppressing such fire, such amounts to be recoverable by action brought by the State Forester in the name of the commonwealth on behalf of the commonwealth and by the Board of Supervisors on behalf of the County.

Division 2 – Fire Prevention Code

[Adopted 2-6-1989; amended 4-19-2010 (Ch. 76 of the 1993 Code)]

§ 9.3-5 Title.

This article may be known and referred to as the “Appomattox County Fire Prevention Code.”

§ 9.3-6 Designation of enforcing agency and Fire Official.

The Office of Building Inspections is hereby designated to act as the enforcing agency for the enforcement of the Statewide Fire Prevention Code duly adopted by the Virginia Board of Housing and Community Development under authority of § 27-97, Code of Virginia, and the Building Official is designated the Fire Official for Appomattox County.

§ 9.3-7 Enforcement.

The enforcement procedures of the Statewide Fire Prevention Code, which has been adopted by the County, shall be instituted by the Fire Official and administered in accordance with the provisions set forth in the Statewide Fire Prevention Code and § 9.3-9.

§ 9.3-8 Appeals.

The Appomattox County Board of Building Code Appeals is hereby designated as the appeals board to hear appeals arising from the application of the Statewide Fire Prevention Code.

§ 9.3-9 Administrative procedures.

The Fire Official shall establish such procedures or requirements as may be necessary for administration and enforcement of this article. The procedures are to be endorsed by the County Administrator, Appomattox County, and approved by the Board of Supervisors, Appomattox County, Virginia.