[HISTORY: Adopted by the Board of Supervisors of Appomattox
County as indicated in article histories. Amendments noted where applicable.]
STATE LAW REFERENCES
Regulating the burning of woods and brush — See
Code of Virginia, § 10.1-1142.
[Adopted 3-10-1978 as § 9-2 of the 1978 Code (Ch. 54 of the 1993
Code)]
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.
[Amended 7-12-1993[1]]
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.
[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.
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.
[Adopted 2-6-1989; amended 4-19-2010 (Ch. 76 of the 1993 Code)]
This article may be known and referred to as the "Appomattox
County Fire Prevention Code."
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.
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.
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.
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.
