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Virginia Administrative Code
Title 13. Housing
Agency 5. Department of Housing And Community Development
Chapter 52. Virginia Statewide Fire Prevention Code
11/21/2024

13VAC5-52-240. IFC Chapter 12 Energy Systems.

A. Make the following changes to Section 1201, General.

Change Sections 1201.1, 1201.2, and 1201.3 to read:

1201.1 Scope. The provisions of this chapter shall apply to the operation and maintenance of energy systems used for generating or storing energy. It shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that is under the exclusive control of an electric utility or lawfully designated agency.

1201.2 Electrical wiring and equipment. Electrical wiring and equipment used in connection with energy systems shall be maintained in accordance with this chapter, Section 603, and the applicable building code.

1201.3 Mixed Systems. The aggregate nameplate kWh energy of all energy storage systems in a fire area shall not exceed the maximum quantity specified for any of the energy systems in the applicable building code and approved by the building official. Where required by the fire code official, a hazard mitigation analysis shall be provided and approved in accordance with Section 106.3 to evaluate any potential adverse interaction between the various energy systems and technologies.

B. Make the following changes to Section 1203, Emergency and Standby Power Systems.

1. Change Sections 1203.1 and 1203.1.1 to read:

1203.1 General. Emergency power systems and standby power systems shall comply with Sections 1203.1.1 through 1203.1.9.

1203.1.1 Generators. Emergency and standby power generators shall be listed.

2. Change Sections 1203.1.2 and 1203.1.3 to read:

1203.1.2 Fuel line piping protection. Fuel lines supplying a generator set inside a high-rise building shall be maintained in accordance with the applicable building code. Fire resistance ratings shall be maintained in accordance with Chapter 7.

1203.1.3 Installation. Emergency power systems and standby power systems shall be approved in accordance with the applicable building code.

3. Change Section 1203.1.4 to read:

1203.1.4 Load transfer. Emergency power systems shall automatically provide secondary power within 10 seconds after primary power is lost unless specified otherwise by the applicable building code. Standby power systems shall automatically provide secondary power within 60 seconds after primary power is lost unless specified otherwise by the applicable building code.

4. Change Section 1203.1.5 to read:

1203.1.5 Load duration. Emergency power systems and standby power systems shall be maintained to provide the required power for the minimum duration specified in the applicable building code without being refueled or recharged.

5. Change Section 1203.1.6 to read:

1203.1.6 Uninterruptable power source. An uninterrupted source of power shall be provided for equipment where required by the manufacturer's instructions, the listing, the applicable building code, or the applicable referenced standards.

6. Change Section 1203.1.7 to read:

1203.1.7 Interchangeability. Emergency power systems shall be an acceptable alternative for installations that require standby power systems when permitted by the applicable building code.

7. Delete Section 1203.1.8.

8. Change Section 1203.1.9 to read:

1203.1.9 Maintenance. Existing installations shall be maintained in accordance with the original approval and Section 1203.4.

9. Change Section 1203.2 to read:

1203.2 Specific equipment requirements. Emergency and standby power systems shall be maintained in accordance with Sections 1203.2.1 through 1203.2.18.

10. Change Section 1203.2.2 to read:

1203.2.2 Elevators and platform lifts. Standby power shall be maintained for elevators and platform lifts as required in Sections 604.3 and 1009.5.

11. Change Section 1203.2.3 to read:

1203.2.3 Emergency responder radio coverage systems. Standby power shall be maintained for emergency responder radio coverage systems in accordance with Section 510 and the applicable building code. Where specified in the applicable building code, the standby power supply shall be capable of operating the emergency responder radio coverage system at 100% system operation capacity for the duration specified in the applicable building code.

12. Change Section 1203.2.4 to read:

1203.2.4 Emergency voice or alarm communication systems. Emergency power shall be maintained for emergency voice or alarm communication systems as required by the applicable building code. The system shall be capable of powering the required load for a duration of not less than 24 hours, as required in NFPA 72.

13. Change Sections 1203.2.5 and 1203.2.6 to read:

1203.2.5 Exhaust ventilation. Where standby power for mechanical exhaust ventilation systems is provided or required by the applicable building code, the standby power shall be maintained.

1203.2.6 Exit signs. Emergency power for exit signs shall be capable of powering the required load for a duration of not less than 90 minutes unless otherwise specified by the applicable building code.

14. Change Section 1203.2.7 to read:

1203.2.7 Gas detection systems. Emergency power and standby power shall be maintained for gas detection systems in accordance with the applicable building code.

15. Change Section 1203.2.8 to read:

1203.2.8 Group I-2 occupancies. Essential electrical systems required by the applicable building code for Group I-2 occupancies shall be maintained in accordance with NFPA 70.

16. Change Section 1203.2.9 to read:

1203.2.9 Group I-3 occupancies. Where power-operated sliding doors or power-operated locks for swinging doors in Group I-3 occupancies are operable by a manual release mechanism at the door, and emergency power provided or required by the applicable building code, they shall be maintained.

17. Change Section 1203.2.10 to read:

1203.2.10 Hazardous materials. Emergency and standby power shall be maintained in accordance with NFPA 70 in occupancies with hazardous materials when required by the applicable building code.

18. Change Section 1203.2.11 to read:

1203.2.11 High-rise buildings. Standby power and emergency power shall be maintained for high-rise buildings in accordance with Section 1203 and the applicable building code.

19. Change Section 1203.2.12 to read:

1203.2.12 Horizontal sliding doors. Standby power shall be maintained in accordance with NFPA 70 for horizontal sliding doors as required by the applicable building code. The standby power supply shall have a capacity to operate not fewer than 50 closing cycles of the door unless otherwise specified by the applicable building code.

20. Change Section 1203.2.13 to read:

1203.2.13 Hydrogen fuel gas rooms. Standby power shall be maintained in accordance with NFPA 70 for hydrogen fuel gas rooms as required by the applicable building code.

21. Change Section 1203.2.14 to read:

1203.2.14 Laboratory suites. Standby or emergency power shall be maintained for laboratory suites in accordance with Section 1203 and the applicable building code.

22. Change Section 1203.2.15 to read:

1203.2.15 Means of egress illumination. Emergency power shall be maintained for means of egress illumination in accordance with the applicable building code.

23. Change Section 1203.2.16 to read:

1203.2.16 Membrane structures. Standby power shall be maintained for auxiliary inflation systems in permanent membrane structures in accordance with the applicable building code. Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated membrane structures in accordance with Section 3103.10.4.

24. Change Section 1203.2.17 to read:

1203.2.17 Semiconductor fabrication facilities. Emergency power shall be maintained in accordance with NFPA 70 for semiconductor fabrication facilities as required by the applicable building code.

25. Change Section 1203.2.18 to read:

1203.2.18 Smoke control systems. Standby power shall be maintained in accordance with NFPA 70 for smoke control as required by the applicable building code.

26. Change Section 1203.2.19 to read:

1203.2.19 Underground buildings. Emergency and standby power shall be maintained in accordance with NFPA 70 in underground buildings as required by the applicable building code.

27. Change Section 1203.3 to read:

1203.3 Critical circuits. Cables used for survivability of required critical circuits shall be listed. Electrical circuit protective systems shall be maintained in accordance with their listing requirements.

28. Change Section 1203.4 to read:

1203.4 Maintenance. Emergency and standby power systems shall be maintained in accordance with NFPA 70, NFPA 110, and NFPA 111 so that the system is capable of supplying service within the time specified for the type and duration required in accordance with the applicable building code.

29. Change Section 1203.5 to read:

1203.5 Operational inspection and testing. Emergency power systems, including all appurtenant components, shall be inspected and tested under load in accordance with NFPA 70, NFPA 110, and NFPA 111.

Exception: Where the emergency power system is used for standby power or peak load shaving, such use shall be recorded and shall be allowed to be substituted for scheduled testing of the generator set, provided that appropriate records are maintained.

30. Add Section 1203.7 to read:

1203.7 Testing of battery powered emergency lights and exit signs. Required emergency lighting utilizing battery powered emergency lights, exit signs, or both shall be tested annually. The emergency lights and exit signs shall be tested for proper operation for the time period established in the building code in effect when the equipment was installed. Written records of tests shall be retained by the owner of the building for a minimum of two years after the test is conducted and shall be made available to the fire code official upon request.

C. Make the following changes to Section 1205, Solar Photovoltaic Power Systems.

1. Change Section 1205.1 to read:

1205.1 General. Solar photovoltaic power systems shall be maintained in accordance with Sections 1204.2 through 1204.5 and the applicable building code.

2. Change Section 1205.2 to read:

1205.2 Access and pathways. Roof access, pathways, and spacing requirements shall be maintained in accordance with the applicable building code. Pathways shall remain capable of supporting the loads required by the applicable building code. Pathways shall be maintained unobstructed and free from vent pipes, conduit, or mechanical equipment unless otherwise approved in accordance with the applicable building code.

3. Delete Section 1205.3.3 and change Section 1205.2.1 to read:

1205.2.1 Roof access points. Roof access points shall be maintained in areas that do not require placement of ground ladders over openings, such as windows or doors and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.

4. Change Section 1205.5 to read:

1205.5 Ground-mounted photovoltaic arrays. A clear, brush-free area of 10 feet (3048 mm) shall be maintained for ground-mounted photovoltaic arrays.

D. Make the following changes to Section 1206, Stationary Fuel Cell Power Systems.

1. Change Section 1206.1 to read:

1206.1 General. Stationary fuel cell power systems shall be maintained in accordance with this section and the applicable building code.

2. Delete Sections 1206.2 and 1206.3.

3. Change Section 1206.4 to read:

1206.4 Maintenance. Installation of stationary fuel cell power systems shall be approved by the building official and shall be maintained in accordance with the applicable building code, NFPA 70, and NFPA 853, the manufacturer's instructions, and the listing. Stationary fuel cell power systems fueled by hydrogen shall be maintained in accordance with the applicable building code, NFPA 2, and NFPA 70, the manufacturer's installation instructions, and the listing.

4. Delete Sections 1206.6.1, 1206.6.2, and 1206.13.1 and change Sections 1206.5, 1206.6, and 1206.8 through 1206.13 to read:

1206.5 Residential use. Stationary fuel cell power systems shall not be operated in Group R-3, R-4, and R-5 buildings or dwelling units associated with Group R-2 buildings unless they are specifically listed for residential use and approved in accordance with the applicable building code.

1206.6 Indoor installations. Stationary fuel cell power systems operated in indoor locations shall be specifically listed and labeled for indoor use and comply with the applicable building code. For purposes of this section, an indoor location includes a roof and 50% or greater enclosing walls.

1206.8 Outdoor installation. Separation required by the applicable building code for outdoor stationary fuel cell power systems shall be maintained from the following:

1. Lot lines.

2. Public ways.

3. Buildings.

4. Stored combustible materials.

5. Hazardous materials.

6. High-piled stock.

7. Any portion of a designated means of egress system.

8. Other exposure hazards.

1206.9 Fuel supply. The fuel supply for stationary fuel cell power systems shall be maintained in accordance with Chapter 53, Chapter 58, and the applicable building code and based on the particular fuel being supplied to the system.

1206.10 Manual shutoff. Access to manual shutoff valves shall not be obstructed. Manual shutoff valves shall be maintained in accordance with the applicable building code.

1206.11 Ventilation and exhaust. Ventilation and exhaust for stationary fuel cell power systems shall be operated and maintained in accordance with NFPA 853 and the applicable building code.

1206.12 Fire suppression. Fire suppression for stationary fuel cell power systems shall be maintained in accordance with Chapter 9 and NFPA 853.

1206.13 Gas detection systems. Gas detection systems for stationary fuel cell power systems shall be maintained in accordance with Chapter 9 and the applicable building code.

E. Make the following changes to Section 1207, Electrical Energy Storage Systems.

1. Change Sections 1207.1.2, 1207.1.3, and 1207.1.4 to read:

1207.1.2 Permits. Permits shall be required as set forth in Section 107.2.

1207.1.3 Documents. At the minimum, the following information shall be provided with the operational permit application:

1. Location and layout diagram of the room or area in which the energy storage system (ESS) is located.

2. Details on the hourly fire-resistance ratings of assemblies enclosing the ESS.

3. The quantities and types of ESS.

4. Manufacturer’s specifications, ratings, and listings of each ESS.

5. Description of energy (battery) management systems and their operation.

6. Location and content of required signage.

7. Details on fire suppression, smoke or fire detection, thermal management, ventilation, exhaust, and deflagration venting systems, if provided.

8. Support arrangement, including any required seismic restraint.

9. A decommissioning plan in accordance with Section 1207.2.3.

1207.1.4 Hazard mitigation analysis. As part of the operational permit application, a failure modes and effects analysis (FMEA) or other hazard mitigation analysis approved in accordance with the applicable building code shall be provided to the fire official under any of the following conditions:

1. Where ESS technologies not specifically in Table 1207.1.1 are provided.

2. More than one ESS technology is provided in a room or enclosed area where there is a potential for adverse interaction between technologies.

3. Where allowed as a basis for increasing maximum allowable quantities in accordance with the applicable building code.

The FMEA shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the fire code official and shall analyze the fire safety properties of the design, operation, or use of the building or premises and the facilities and appurtenances situated thereon to recommend necessary changes. The fire code official is authorized to require that the FMEA be prepared by and bear the stamp of a registered design professional.

2. Delete Sections 1207.1.4.1 and 1207.1.4.2.

3. Change Sections 1207.1.4.3, 1207.1.5, and 1207.2.1 to read:

1207.1.4.3 Additional protection measures. Equipment and systems that are required for the ESS to comply with the hazardous mitigation analysis shall be maintained in accordance with the applicable building code.

1207.1.5 Large-scale fire test. ESS approved by the building official based on large-scale fire testing conducted or witnessed and reported by an approved testing laboratory in accordance with the applicable building code shall be maintained such that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas, and walk-in units will be contained within the room, enclosed area, or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in the applicable building code.

1207.2.1 Commissioning. Prior to operational permit issuance, newly installed ESS and existing ESS that have been retrofitted, replaced, or previously decommissioned and are returning to service shall be commissioned in accordance with the applicable building code. The fire official shall be provided, upon request, with documentation of personnel who are qualified to service, maintain, and decommission the ESS and respond to incidents involving the ESS, including documentation that such service has been contracted for.

Exception: Commissioning shall not be required for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76 and operate at less than 50 volts alternating current (VAC) and 60 volts direct current (VDC). A decommissioning plan shall be provided and maintained where required by the fire code official.

4. Delete Section 1207.2.1.1.

5. Change Sections 1207.2.1.2, 1207.2.3, 1207.3.3, 1207.3.4, 1207.3.5, and 1207.3.6 to read:

1207.2.1.2 Commissioning report. A report describing the results of the system commissioning, including the results of the initial acceptance testing required by the applicable building code, shall be provided to the fire code official, upon request. A copy of the report shall be maintained at an approved on-site location.
1207.2.3 Decommissioning. Decommissioning shall be performed in accordance with the decommissioning plan approved in accordance with the applicable building code. The fire code official shall also be notified by the ESS owner prior to the decommissioning of an ESS.

1207.3.3 Utility interactive systems. When required by the applicable building code, inverters shall be listed and labeled in accordance with UL 1741. Only inverters listed and labeled for utility interactive system use and identified as interactive shall be allowed to operate in parallel with the electric utility power system to supply power to common loads.

1207.3.4 Energy storage management system. Approved energy storage management systems required by the ESS listing that monitor and balance cell voltages, currents, and temperatures within the manufacturer's specifications shall be maintained. The system shall disconnect electrical connections to the ESS or otherwise place it in a safe condition if potentially hazardous temperatures or other conditions, such as short circuits, over voltage, or under voltage are detected.

1207.3.5 Enclosures. Enclosures of ESS shall be maintained in accordance with the applicable building code.

1207.3.6 Repairs or Alterations. Repairs or alterations of ESS shall only be done by qualified personnel. Repairs and alterations shall be in accordance with the applicable building code. Repairs shall be documented in the service records log.

6. Delete Sections 1207.3.7, 1207.3.7.1, 1207.3.8, and 1207.3.9.

7. Change Sections 1207.4, 1207.4.2, and 1207.4.3 to read:

1207.4 General maintenance requirements. Stationary and mobile ESS shall comply with the requirements of Sections 1207.4.1 through 1207.4.12.

1207.4.2 Working clearances. Access and working space shall be maintained about all electrical equipment to permit ready and safe operation and maintenance of such equipment in accordance with the applicable NFPA 70 and the manufacturer's instructions.

1207.4.3 Fire-resistance-rated separations. Fire-resistance-rated separations for rooms and other indoor areas containing ESS shall be maintained in accordance with the applicable building code and Chapter 7.

8. Delete Section 1207.4.4.

9. Change Sections 1207.4.7, 1207.4.10, and 1207.4.11 to read:

1207.4.7 Toxic and highly toxic gases. Hazardous exhaust systems for ESS that have the potential to release toxic and highly toxic gas during charging, discharging, and normal use conditions shall be operated and maintained.

1207.4.10 Occupied work centers. Cabinets containing electrochemical ESS located in rooms or areas occupied by personnel not directly involved with maintenance, service, and testing of the systems shall be secured and provided with signage complying with Section 1207.4.8.

1207.4.11 Open rack installations. Where electrochemical ESS are located in a separate equipment room and only authorized personnel have access to the room, electrochemical ESS shall be permitted to be located on an open rack for ease of maintenance.

10. Delete Table 1207.5 Maximum Allowable Quantities of Electrochemical ESS.

11. Change Sections 1207.5, 1207.5.1, 1207.5.2, 1207.5.2.1, 1207.5.3 (Items 1 and 2 remain), 1207.5.4, 1207.5.4.1, 1207.5.5, 1207.5.5.1, 1207.5.6, and 1207.5.8 to read:

1207.5 Electrochemical ESS protection. The protection of electrochemical ESS shall be maintained in accordance with Sections 1207.5.1 through 1207.5.8.

1207.5.1 Size and separation. The configuration and size of electrochemical ESS groups approved in accordance with the applicable building code shall be maintained in accordance with the applicable building code. The separation between different electrochemical ESS groups and between electrochemical ESS and walls in the storage room or area shall be maintained in accordance with the applicable building code.

1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas, and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in the applicable building code.

1207.5.2.1 Mixed electrochemical energy systems. Where rooms, areas, and walk-in units contain different types of electrochemical energy technologies, the total aggregate quantities of the systems shall not exceed those allowed by the applicable building code.

1207.5.3 Elevation. Unless otherwise approved in accordance with the applicable building code, electrochemical ESS shall not be located in the following areas:

1207.5.4 Fire detection. Where required or provided in accordance with the applicable building code, approved automatic smoke detection systems or radiant energy-sensing fire detection systems installed in rooms, indoor areas, and walk-in units containing electrochemical ESS, shall be maintained in accordance with Chapter 9 and the applicable building code. Where required or provided in accordance with the applicable building code, approved radiant energy-sensing fire detection systems installed to protect open parking garage and rooftop, installations shall be maintained in accordance with Chapter 9 and the applicable building code. Where required or provided in accordance with the applicable building code, signals from detection systems shall continue to be transmitted to a central station, proprietary, or remote station service in accordance with NFPA 72 or, where approved, to a constantly attended location.

1207.5.4.1 System status. Where required or provided in accordance with the applicable building code, visible annunciation provided on cabinet exteriors or in other approved locations to indicate that potentially hazardous conditions associated with the ESS exist shall be maintained in accordance with the applicable building code.

1207.5.5 Fire suppression systems. Automatic fire suppression systems required by the applicable building code for rooms and areas within buildings and walk-in units containing electrochemical ESS shall be maintained in accordance with Chapter 9 and the applicable building code.

1207.5.5.1 Water-reactive systems. Alternative automatic fire-extinguishing systems approved in accordance with the applicable building code, based on large-scale fire testing for the protection of electrochemical ESS that utilize water-reactive materials shall be maintained in accordance with the applicable building code.

1207.5.6 Maximum enclosure size. Unless otherwise approved in accordance with the applicable building code, outdoor walk-in units housing ESS shall not exceed 53 feet by 8.0 feet by 9.5 feet high (16,154 mm × 2438 mm × 2896 mm), not including bolt-on HVAC and related equipment. Outdoor walk-in units exceeding these limitations shall be considered indoor installations and comply with the requirements in Section 1207.7.

1207.5.8 Means of egress separation. ESS located outdoors and in open parking garages shall continue to be separated from any means of egress in accordance with the applicable building code to ensure safe egress under fire conditions.

12. Delete Table 1207.6 Electrochemical ESS Technology-Specific Requirements.

13. Change Sections 1207.6, 1207.6.1, 1207.6.1.1, 1207.6.1.2, and 1207.6.1.2.1 to read:

1207.6 Electrochemical ESS technology-specific protection. Electrochemical ESS installations shall be maintained in accordance with this section and the applicable building code.

1207.6.1 Exhaust ventilation. Where required or provided in accordance with the applicable building code, exhaust ventilation of rooms, areas, and walk-in units containing electrochemical ESS shall be maintained in accordance with the applicable building code.

1207.6.1.1 Ventilation based on LFL. Where required or provided in accordance with the applicable building code, exhaust ventilation systems designed to limit the maximum concentration of flammable gas to 25% of the lower flammable limit (LFL) of the total volume of the room, area, or walk-in unit during the worst-case event of simultaneous charging of batteries at the maximum charge rate shall be maintained in accordance with the applicable building code.

1207.6.1.2 Ventilation based on exhaust rate. Continuous mechanical exhaust ventilation, or activated by a gas detection system required by the applicable building code to be provided at a rate of not less than one ft3/min/ft2 (5.1 L/sec/m2) of floor area of the room, area, or walk-in unit shall be maintained in accordance with the applicable building code.

1207.6.1.2.1 Standby power. Where standby power is required by the applicable building code for exhaust ventilation, the standby power shall be maintained in accordance with the applicable building code.

14. Delete Section 1207.6.1.2.2.

15. Change Sections 1207.6.1.2.3, 1207.6.1.2.4, and 1207.6.2 to read:

1207.6.1.2.3 Supervision. Where mechanical exhaust ventilation systems are required by the applicable building code to be supervised by an approved central station, proprietary, or remote station service in accordance with the applicable NFPA 72, the system shall continue to be supervised. Or, the system shall initiate an audible and visible signal at an approved constantly attended onsite location in accordance with the applicable building code.

1207.6.1.2.4 Gas detection system. Continuous gas detection systems required by the applicable building code for rooms, areas, and walk-in units containing ESS shall be maintained in accordance with the applicable building code.

1207.6.2 Spill control and neutralization. Spill control and neutralization required by the applicable building code for areas containing free-flowing liquid electrolyte or hazardous materials shall be maintained in accordance with the applicable building code.

16. Delete Sections 1207.6.2.1 and 1207.6.2.2.

17. Change Sections 1207.6.3, 1207.6.4, and 1207.6.5 to read:

1207.6.3 Explosion control. Explosion control shall be maintained in accordance with Chapter 9 and the applicable building code.

1207.6.4 Safety caps. Flame-arresting safety caps for vented batteries provided or required in accordance with the applicable building code, shall be maintained.

1207.6.5 Thermal runaway. Where the applicable building code requires batteries and other ESS to be provided with a listed device or other approved method to prevent, detect, and minimize the impact of thermal runaway, such listed devices or approved methods shall be maintained in accordance with the applicable building code.

18. Delete Table 1207.7 Indoor ESS Installations.

19. Change Sections 1207.7, 1207.7.1, 1207.7.2, 1207.7.3, and 1207.7.4 to read:

1207.7 Indoor installations. Indoor ESS installations shall be maintained in accordance with the applicable building code.

1207.7.1 Dedicated-use buildings. Buildings classified as Group F-1 occupancies and approved as dedicated-use ESS buildings in accordance with the applicable building code shall only be used and occupied as approved.

1207.7.2 Nondedicated-use buildings. Buildings that contain ESS and were approved as nondedicated-use buildings in accordance with the applicable building code shall be used or occupied as approved.

1207.7.3 Dwelling units and sleeping units. Unless otherwise approved in accordance with the applicable building code, ESS shall not be allowed in sleeping units or in habitable spaces of dwelling units.

1207.7.4 Fire-resistance-rated separations. Fire-resistance-rated separations for rooms and areas containing ESS, required by the applicable building
code, shall be maintained in accordance with the applicable building code.

20. Delete Table 1207.8 Outdoor ESS Installations.

21. Change Sections 1207.8, 1207.8.1, 1207.8.2, 1207.8.3 (Items 1 through 7 remain), and 1207.8.4 to read:

1207.8 Outdoor installations. Outdoor installations shall be maintained in accordance with the applicable building code.

1207.8.1 Remote outdoor installations. For the purpose of Section 1207.8, ESS located more than 100 feet (30,480 mm) from buildings, lot lines, public ways, stored combustible materials, hazardous materials, high-piled stock, and other exposure shall be considered remote outdoor installations.

1207.8.2 Installations near exposures. For the purpose of Section 1207.8, all outdoor ESS installations that do not meet the criteria set forth by Section 1207.8.1, shall be considered installations near exposures.

1207.8.3 Clearance to exposures. Where the applicable building code requires a minimum of 10 feet (3,048 mm) separation between ESS located outdoors and the following exposures, the separation shall be maintained in accordance with the applicable building code.

1207.8.4 Exterior wall installations. Where the applicable building code allows ESS to be installed outdoors on exterior walls of buildings, the exterior walls shall be maintained in accordance with the applicable building code.

22. Delete Table 1207.9 Special ESS Installations.

23. Change Sections 1207.9, 1207.9.1, 1207.9.2, 1207.9.3 (Items 1 through 8 remain), 1207.9.4, 1207.9.5, and 1207.9.6 to read:

1207.9 Special installations. Rooftop and open parking garage ESS installations shall be maintained in accordance with the applicable building code.

1207.9.1 Rooftop installations. For the purpose of Section 1207.9, rooftop ESS installations are those located on the roofs of buildings.

1207.9.2 Open parking garage installations. For the purpose of Section 1207.9, open parking garage ESS installations are those located in a structure or portion of a structure that complies with the Open Parking Garage provisions set forth by the applicable building code.

1207.9.3 Clearance to exposures. Where the applicable building code requires a minimum of 10 feet (3048 mm) separation between ESS located on rooftops or in open parking garages and the following exposures, the separation shall be maintained in accordance with the applicable building code.

1207.9.4 Fire suppression systems. Automatic fire suppression systems required by the applicable building code for the following, shall be maintained in accordance with Chapter 9 and the applicable building code:

1. Automatic fire suppression systems, installed within the ESS enclosure, for ESS located in walk-in units on rooftops.

2. Automatic fire suppression systems, installed within the ESS enclosure, for ESS located in walk-in units in open parking garages.

3. Automatic fire suppression systems in areas containing ESS other than walk-in units in open parking structures on levels not open above to the sky.

1207.9.5 Rooftop installations. The following features required by the applicable building code for ESS and associated equipment that are located on rooftops and not enclosed by building construction shall be maintained in accordance with the applicable building code.

1. Stairway access to the roof for emergency response and fire department personnel provided either through a bulkhead from the interior of the building or a stairway on the exterior of the building.

2. Service walkways provided for service and emergency personnel from the point of access to the roof to the system.

3. Distance required by the applicable building code between ESS and associated equipment and the edge of the roof.

4. The roofing materials under and within the horizontal distance specified by the applicable building code from an ESS or associated equipment.

5. Class I standpipe outlets installed at an approved location on the roof level of the building or in the stairway bulkhead at the top level.

6. The ESS separation from the fire service access point on the rooftop.

1207.9.6 Open parking garages. ESS and associated equipment that are located in open parking garages shall be maintained in accordance with the applicable building code.

24. Delete footnotes "b", "c", "d", and "e" from Table 1207.10 Mobile Energy Storage Systems (ESS).

25. Change Sections 1207.10.3, 1207.10.4, 1207.10.4.1 (Items 1 through 10 remain), and 1207.10.5 to read:

1207.10.3 Permits. Permits shall be required as set forth in Section 107.2.

1207.10.4 Documents. Documents complying with Section 1207.1.3 shall be provided with the operational permit application for mobile ESS charging and storage locations.

1207.10.4.1 Deployment documents. At the minimum, the following information shall be provided with the operational permit applications for mobile ESS deployments:

1207.10.5 Approved locations. Locations where mobile ESS are charged, stored, and deployed shall be restricted to the locations approved in accordance with the applicable building code and identified on the operational permits.

26. Change Exceptions 1 and 2 of Section 1207.10.6 to read:

Exceptions:

1. Electrical connections permitted by the applicable building code to be made using temporary wiring complying with the manufacturer’s instructions, the UL 9540 listing, and NFPA 70 shall be maintained in accordance with the applicable building code.
2. Fire suppression system connections to the water supply permitted by the applicable building code to use approved temporary connections, shall be maintained in accordance with the applicable building code.

27. Change Sections 1207.10.7.2, 1207.10.7.3, 1207.10.7.4, 1207.10.7.5, and 1207.10.7.6 to read:

1207.10.7.2 Restricted locations. Unless otherwise approved in accordance with the applicable building code, mobile ESS operations shall not be located indoors, in covered parking garages, on rooftops, below grade, or under building overhangs.

1207.10.7.3 Clearance to exposures. Where the applicable building code requires a minimum of 10 feet (3048 mm) separation between deployed mobile ESS and the following exposures, the separation shall be maintained in accordance with the applicable building code.

1. Public ways.

2. Buildings.

3. Stored combustible materials.

4. Hazardous materials.

5. High-piled storage.

6. Other exposure hazards.

Where the applicable building code requires deployed mobile ESS to be separated by a minimum of 50 feet (15,240 mm) from public seating areas and from tents, canopies, and membrane structures with an occupant load of 30 or more, the separation shall be maintained.

1207.10.7.4 Electrical connections. Electrical connections shall be maintained in accordance with the manufacturer's instructions, the UL 9540 listing, and the applicable building code. Temporary wiring for electrical power connections shall comply with NFPA 70. Unless otherwise allowed by the applicable building code, fixed electrical wiring shall not be provided.

1207.10.7.5 Local staging. Mobile ESS in transit from the charging and storage location to the deployment location and back shall not be parked within 100 feet (30,480 mm) of an occupied building for more than one hour during transit, unless specifically approved by the fire code official when the operational permit is issued.

1207.10.7.6 Fencing. Fences with locked gates or other approved barriers required or provided in accordance with the applicable building code to keep the general public at least five feet (1524 mm) from the outer enclosure of a deployed mobile ESS shall be maintained in accordance with the applicable building code.

28. Change Sections 1207.11, 1207.11.1, 1207.11.2, 1207.11.2.1, 1207.11.3, 1207.11.4 (Items 1 through 4 remain), 1207.11.5, 1207.11.6, 1207.11.7, 1207.11.8, 1207.11.9, and 1207.11.10 to read:

1207.11 ESS in Group R-3 and R-4 occupancies. ESS in Group R-3 and R-4 occupancies shall be maintained in accordance with Sections 1207.11.1 through 1207.11.9. The temporary use of an owner's or occupant's electric-powered vehicle as an ESS shall be in accordance with Section 1207.11.10.

1207.11.1 Equipment listings. ESS shall be listed and labeled in accordance with UL 9540. Unless otherwise approved in accordance with the applicable building code, ESS listed and labeled solely for utility or commercial use shall not be used for residential applications.

1207.11.2 Maintenance. ESS shall be maintained in accordance with the manufacturer's instructions, their listing, and the applicable building code.

1207.11.2.1 Spacing. Where individual units are required by the applicable building code to be separated from each other by at least three feet (914 mm) of spacing unless smaller separation distances are documented to be adequate based on large-scale fire testing, the separation shall be maintained in accordance with the applicable building code.

1207.11.3 Location. Unless otherwise approved in accordance with the applicable building code, ESS shall be located only in the following locations:

1. Detached garages and detached accessory structures.

2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section 406.3.2 of the Virginia Construction Code.

3. Outdoors on exterior walls located a minimum of three feet (914 mm) from doors and windows.

4. Utility closets and storage or utility spaces within dwelling units and sleeping units.

1207.11.4 Energy ratings. Unless otherwise approved in accordance with the applicable building code, individual ESS units shall have a maximum rating of 20 kWh. The aggregate rating structure shall not exceed:

1207.11.5 Inverters. Where required by the applicable building code, inverters shall be listed and labeled in accordance with UL 1741 or provided as part of the UL 9540 listing. Systems connected to the utility grid shall use inverters listed for utility interaction in accordance with the applicable building code.

1207.11.6 Fire detection. Smoke alarms required by the applicable building code for rooms and areas within dwellings units, sleeping units, and attached garages in which ESS are installed shall be maintained in accordance with Chapter 9 and the applicable building code. Where smoke alarms cannot be installed based on their listing, heat detectors listed and interconnected to the smoke alarms installed in accordance with the applicable building code within dwelling units, sleeping units, and attached garages shall be maintained in accordance with Chapter 9 and the applicable building code.

1207.11.7 Protection from impact. Stationary storage battery systems installed in a location subject to vehicle damage shall be protected by approved barriers. Appliances in garages installed in accordance with the applicable building code shall be maintained in accordance with the applicable building code.

1207.11.8 Ventilation. Exhaust ventilation installed in accordance with the applicable building code for indoor installations of ESS that include batteries that produce hydrogen or other flammable gases during charging shall be operated and maintained in accordance with the applicable building code.

1207.11.9 Toxic and highly toxic gas. Unless otherwise approved in accordance with the applicable building code, ESS that have the potential to release toxic or highly toxic gas during charging, discharging, and normal use conditions shall not be installed within Group R-3 or R-4 occupancies.

1207.11.10 Electric vehicle use. The temporary use of an owner's or occupant's electric-powered vehicle to power a dwelling unit or sleeping unit while parked in an attached or detached garage or outside shall comply with the vehicle manufacturer's instructions and the applicable NFPA 70.

Statutory Authority

§ 27-97 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 9, eff. January 18, 2024.

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