Division of Fire Safety

V.S.A. tit. 20, ch. 173, subch. 2

in effect

20 V.S.A. §§ 2721-2727 Repealed. 1971, No. 205 (Adj. Sess.), § 7.

20 V.S.A. § 2728 Director of Fire Safety

2728. Director of Fire Safety There shall be a Director of Fire Safety, who shall be responsible for the operation and supervision of the Fire Safety Division of the Department of Public Safety. The Director shall report directly to the Commissioner and shall serve as a member of the Fire Service Training Council. The Director shall be an exempt State employee and shall be appointed by the Commissioner, with the approval of the Governor. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

20 V.S.A. § 2729 General provisions

2729. General provisions (a) A person shall not build or cause to be built any structure that is unsafe or likely to be unsafe to other persons or property in case of fire or generation and leakage of carbon monoxide. (b) A person shall not maintain, keep, or operate any premises or any part thereof, or cause or permit to be maintained, kept, or operated, any premises or part thereof, under his or her control or ownership in a manner that causes or is likely to cause harm to other persons or property in case of fire or generation and leakage of carbon monoxide. (c) On premises under a person’s control, excluding single family owner-occupied houses and premises, that person shall observe rules adopted under this subchapter for the prevention of fires and carbon monoxide leakage that may cause harm to other persons or property. (d) Any condominium or multiple unit dwelling using a common roof, or row houses so-called, or other residential buildings in which people sleep, including hotels, motels, and tourist homes, excluding single family owner-occupied houses and premises, whether the units are owned or leased or rented, shall be subject to the rules adopted under this subchapter and shall be provided with one or more carbon monoxide detectors, as defined in 9 V.S.A. § 2881(3), properly installed according to the manufacturer’s requirements. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2005, No. 19, § 2, eff. July 1, 2005.

20 V.S.A. § 2730 Definitions

2730. Definitions (a) As used in this subchapter, “public building” means: (1)(A) a building owned or occupied by a public utility, hospital, school, house of worship, convalescent center or home for elders or persons who have an infirmity or a disability, nursery, kindergarten, or child care; (B) a building in which two or more persons are employed, or occasionally enter as part of their employment, or are entertained, including private clubs and societies; (C) a cooperative or condominium; (D) a building in which people rent accommodations, whether overnight or for a longer term; (E) a restaurant, retail outlet, office or office building, hotel, tent, or other structure for public assembly, including outdoor assembly, such as a grandstand; (F) a building owned or occupied by the State of Vermont, a county, a municipality, a village, or any public entity, including a school or fire district; or (G)(i) a building in which two or more persons are employed, or occasionally enter as part of their employment, and where the associated extraction of plant botanicals utilizing flammable, volatile, or otherwise unstable liquids, pressurized gases, or other substances capable of combusting or whose properties would readily support combustion or pose a deflagration hazard; and (ii) notwithstanding subdivision (b)(3) of this section, a building on a working farm or farms that meets the criteria of subdivision (G)(i) of this subsection is a “public building.” (2) Use of any portion of a building in a manner described in this subsection shall make the entire building a “public building” for purposes of this subsection. For purposes of this subsection, a “person” does not include an individual who is directly related to the employer and who resides in the employment-related building. (b) The term “public building” does not include: (1) An owner-occupied single-family residence, unless used for a purpose described in subsection (a) of this section. (2) A family residence registered as a child care home under 33 V.S.A. chapter 35, or specifically exempted from registration by 33 V.S.A. § 3502(b)(1). (3) Farm buildings on a working farm or farms. For purposes of this subchapter and subchapter 3 of this chapter, the term “working farm or farms” means farms with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year. In addition, the term means a farm or farms: (A) Whose owner is actively engaged in farming. (B) If the farm or farms are owned by a partnership or a corporation, one that includes at least one partner or principal of the corporation who is actively engaged in farming. (C) Where the farm or farms are leased, the lessee is actively engaged in farming. The term “farming” means: (i) The cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops. (ii) The raising, feeding, or management of livestock, poultry, equines, fish, or bees. (iii) The production of maple syrup. (iv) The operation of greenhouses. (v) The on-site storage, preparation, and sale of agricultural products principally produced on the farm. Notwithstanding this definition of farming, housing provided to farm employees other than family members shall be treated as rental housing and shall be subject to the provisions of this chapter. In addition, any farm building that is open for public tours and for which a fee is charged for those tours shall be considered a public building. (4) An owner-occupied single-family residence with an accessory dwelling unit as permitted under 24 V.S.A. § 4412(1)(E), unless rented overnight or for a longer term as described in subdivision (1)(D) of subsection (a) of this section. (5) A building that is used in the outdoor cultivation of cannabis by a person licensed pursuant to 7 V.S.A. chapter 33 in accordance with such chapter and related rules with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year. (c) For the purpose of this subchapter, subchapter 3 of this chapter, and chapter 174 of this title, the words “premises,” “building,” and “structure,” or any part thereof shall mean “public building” as defined in this section. (d) “Historic building” or “historic structure” means any structure that has been listed in the National Register of Historic Places or the State Register of Historic Places or that has been determined to be historically significant by the Vermont Advisory Council on Historic Preservation or that meets the standards adopted by the Division for Historic Preservation pursuant to 22 V.S.A. § 723(a). (e) The phrase “damage or destroy the historic architectural integrity of the historic building or structure” means to have an undue adverse impact on historically significant features of the historic architectural integrity of the building. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2007, No. 172 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 122; 2017, No. 113 (Adj. Sess.), § 142; 2019, No. 44, § 3, eff. May 30, 2019; 2023, No. 47, § 26, eff. July 1, 2023; 2023, No. 166 (Adj. Sess.), § 12, eff. June 10, 2024; 2023, No. 160 (Adj. Sess.), § 14, eff. July 1, 2024.

20 V.S.A. § 2731 Rules; inspections; variances

2731. Rules; inspections; variances (a) Rules. (1) The Commissioner is authorized to adopt rules regarding the construction of buildings, maintenance and operation of premises, and prevention of fires and removal of fire hazards, and to prescribe standards necessary to protect the public, employees, and property against harm arising out of or likely to arise out of fire. (2)(A) The Commissioner shall require each of the following certificants to complete an education module regarding the State’s energy goals and how each certificant’s specific profession can further those goals: (i) gas appliance installers, inspectors, and servicers certified under subdivision (c)(4)(C) of this section; (ii) oil burning equipment installers, inspectors, and servicers certified under subdivision (c)(4)(D) of this section; and (iii) limited oil burning equipment installers, inspectors, and services certified under subdivision (c)(4)(F) of this section. (B) The education module shall be not more than two hours and shall be required as a condition of initial certification and certification renewal. The module shall include education on any State or utility incentives relevant to the profession. (i) The education module for initial certification shall provide general information regarding the State’s energy goals. (ii) The education module for certification renewal shall provide any updates on the State’s energy goals and any updates regarding corresponding State energy programs applicable to the profession. (C) The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service. (b) Inspections. (1) The Commissioner shall conduct inspections of premises to ensure that the rules adopted under this subchapter are being observed and may establish priorities for enforcing these rules and standards based on the relative risks to persons and property from fire of particular types of premises. (2) The Commissioner may also conduct inspections to ensure that buildings are constructed in accordance with approved plans and drawings. (c) Fees. The following fire prevention and building code fees are established: (1) The permit application fee for a construction plan approval shall be based on $8.00 per each $1,000.00 of the total valuation of the construction work proposed to be done for all buildings, but in no event shall the permit application fee exceed $185,000.00 nor be less than $50.00. (2) When an inspection is required due to the change in use or ownership of a public building, the fee shall be $125.00. (3) The proof of inspection fee for fire suppression, alarm, detection, and any other fire protection systems shall be $30.00. (4) Three-year initial certificate of fitness and renewal fees for individuals performing activities related to fire or life safety established under subsection (a) of this section shall be: (A) Water-based fire protection system design: (i) Initial certification: $150.00. (ii) Renewal: $50.00. (B) Water-based fire protection system installation, maintenance, repair, and testing: (i) Initial certification: $115.00. (ii) Renewal: $50.00. (C) Gas appliance installation, inspection, and service: $60.00. (D) Oil burning equipment installation, inspection, and service: $60.00. (E) Fire alarm system inspection and testing: $90.00. (F) Limited oil burning equipment installation, inspection, and service: $60.00. (G) Domestic water-based fire protection system installation, maintenance, repair, and testing: (i) Initial certification: $60.00. (ii) Renewal: $20.00. (H) Fixed fire extinguishing system design, installation, inspection, servicing, and recharging: (i) Initial certification: $60.00. (ii) Renewal: $20.00. (I) Emergency generator installation, maintenance, repair, and testing: $30.00. (J) Chimney and solid fuel burning appliance cleaning, maintenance, and evaluation: $30.00. (d) Permit processing. The Commissioner shall make all practical efforts to process permits in a prompt manner. The Commissioner shall establish time limits for permit processing as well as procedures and time periods within which to notify applicants whether an application is complete. (e) Variances; exemptions. Except for any rules requiring the education module regarding the State’s energy goals described in subdivision (a)(2) of this section, the Commissioner may grant variances or exemptions from rules adopted under this subchapter where strict compliance would entail practical difficulty, unnecessary hardship, or is otherwise found unwarranted, provided that: (1) any such variance or exemption secures the public safety and health; (2) any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Commissioner, equal protection of the public safety and health as provided by the rule or rules; (3) the rule or rules from which the variance or exemption is sought has not also been adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and (4) any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted thereunder. (f) State-funded building energy standards. The Commissioner shall, in State-funded buildings or new additions to State-funded buildings on which construction is begun after June 30, 2001, meet the standards contained in “The Vermont Guidelines for Energy Efficient Commercial Construction” as published in its most recent edition by the Department of Public Service. (g) Definition. “Publicly funded building” as used in this section means any public building or an addition thereto that is paid for in whole or in part with federal, State, or municipal monies. (h) Older and historic renovations. A building owner or contractor engaged in an older and historic renovation project may propose innovative, performance-based alternatives in lieu of strict fire and building code compliance. The Commissioner shall consider such alternatives and shall accept those that provide equivalent protection of the public safety and health. A decision to accept or deny a proposed alternative shall be in writing and explain the reasons for accepting or denying the alternative. (i) Plan reviews. (1) The Department approves stamped architectural plans by issuing a plan review letter. If, upon final inspection, the Department requires structural changes, additional life safety modifications, or State-mandated accessibility modifications, and the modifications or changes are not the result of design or construction changes by the owner, the owner or architect: (A) may apply for a variance or exemption as provided in subsection (e) of this section, section 2732 of this title, or 26 V.S.A. § 124; and (B) if the variance or exemption request is denied, upon the completion of the structural changes or additional life safety, or State-mandated accessibility modifications, as the case may be, may apply to the Commissioner for a reimbursement of some or all of the plan review fee paid for the project. (2) The decisions of the Commissioner pursuant to this subsection shall be final. The Commissioner shall adopt rules to carry out the provisions of this subsection. This subsection shall not apply to design or construction changes necessary to comply with an alternative method of life safety code or State-mandated accessibility compliance requested by the owner after the plan review. (j) Alarms. Rules adopted under this section shall require that information written, approved, and distributed by the Commissioner on the type, placement, and installation of photoelectric-type or UL 217 compliant smoke alarms and carbon monoxide alarms be conspicuously posted in the retail sales area where the alarms are sold. (k) Building codes. Pursuant to his or her authority under this section, the Commissioner of Public Safety shall: (1) Develop and maintain on the Department website a graphic chart or grid depicting categories of construction, including new construction, major rehabilitation, change of use, and additions, and the respective building codes that apply to each category. (2) Whenever practicable and appropriate, offer the opportunity to construction and design professionals to participate in Division of Fire Safety staff training. (3) Update building codes on three-year cycles, consistent with codes developed by code-writing authorities, to keep pace with technology, products, and design. (4) Create a publicly accessible database of decisions that are decided on appeal to the Commissioner. (l) Energy standard certificates. Provision of a certificate as required by 30 V.S.A. § 51 (residential building energy standards) or 53 (commercial building energy standards) shall be a condition precedent to the issuance of a certificate of use or occupancy for a public building under the rules adopted pursuant to this section. (m) Refrigerants. No rule adopted under this section or any other requirement of this title shall prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. § 7671k or 10 V.S.A. § 586, provided any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2003, No. 122 (Adj. Sess.), § 294aa, eff. April 1, 2005; 2005, No. 72, § 15; 2007, No. 180 (Adj. Sess.), § 4, eff. May 29, 2008; 2009, No. 134 (Adj. Sess.), § 1; 2011, No. 137 (Adj. Sess.), § 5, eff. May 14, 2012; 2013, No. 89, § 5; 2015, No. 149 (Adj. Sess.), § 37; 2017, No. 113 (Adj. Sess.), § 143; 2019, No. 178 (Adj. Sess.), § 34, eff. July 1, 2021; 2021, No. 121 (Adj. Sess.), § 3, eff. July 1, 2022; 2025, No. 69, § 24, eff. July 1, 2025.

20 V.S.A. § 2732 Historic Variance Appeals Board; variances, exemptions

2732. Historic Variance Appeals Board; variances, exemptions (a) The Historic Variance Appeals Board is created. The Board shall consist of the following three members: the Commissioner of Public Safety or designee, who shall be chair; the State Historic Preservation Officer or designee; and a representative of the Vermont historic preservation community appointed by the Governor. A Board member who is not a State employee shall be entitled to compensation and expenses as provided by 32 V.S.A. § 1010. (b) The Board shall hear and determine all requests for variances or exemptions from the rules adopted by the Commissioner under this subchapter for historic buildings and structures. A request for a variance or exemption may be granted where an applicant has demonstrated that strict compliance would entail practical difficulty, or unnecessary hardship, or would damage or destroy the historic architectural integrity of the historic building or structure, or is otherwise found unwarranted, provided that: (1) any such variance or exemption secures the public safety and health; (2) any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Board, equal protection of the public safety and health as provided by rule or rules; (3) the rule or rules from which the variance or exemption is sought have not also been adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and (4) any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted pursuant to those chapters. (c) The Board may permit a person seeking a variance or exemption to phase in compliance with the rules adopted under this subchapter in lieu of or in addition to granting the variance or exemption requested. The period of phased in compliance shall be reasonable but shall state a date by which compliance shall be achieved. (d) Any person seeking a variance or exemption for work involving an historic building shall file a written request with the Commissioner. The request shall describe the rule or rules from which the variance or exemption is sought, the reasons why a variance or exemption is sought, and a description as to how any alternative means of protecting the public safety and health is to be provided. The Board shall meet and consider such requests within 15 working days of the request being filed with the Commissioner. In deciding whether to grant or deny the request, the Board shall take testimony or receive information from the applicant or his or her representatives, and from Division of Fire Safety staff. A decision of the Board based on a majority vote of those members present shall be binding. The Board shall issue a written determination granting or denying, in whole or in part, any variance or exemption request, or permission to phase in compliance, within 60 days of hearing the request. If a grant is conditional, the condition shall be clearly stated in writing. Failure to act on a request within 60 days shall be deemed approval of the request, provided that the public safety and health is not imminently threatened. (e) The Board may adopt, amend, or repeal procedural rules to carry out the provisions of this section. (f) The Board is attached to the Department of Public Safety for administrative purposes. (g) The Board shall be subject to the requirements of 1 V.S.A. chapter 5, subchapters 2 and 3. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20, § 170.

20 V.S.A. § 2733 Orders to repair, rehabilitate, or remove structure

2733. Orders to repair, rehabilitate, or remove structure (a) Whenever the Commissioner finds that premises or any part of them does not meet the standards adopted under this subchapter, the Commissioner may order it repaired or rehabilitated. If it is not repaired or rehabilitated within a reasonable time as specified by the Commissioner in his or her order, the Commissioner may order the premises or part of them closed, if by doing so the public safety will not be imperiled; otherwise he or she shall order demolition and removal of the structure, or fencing of the premises. Whenever a violation of the rules is deemed to be imminently hazardous to persons or property, the Commissioner shall order the violation corrected immediately. If the violation is not corrected, the Commissioner may then order the premises or part of them immediately closed and to remain closed until the violation is corrected. (b) Whenever a structure, by reason of age, neglect, want of repair, action of the elements, destruction, either partial or total by fire or other casualty or other cause, is so dilapidated, ruinous, decayed, filthy, unstable, or dangerous as to constitute a material menace or damage in any way to adjacent property, or to the public, and has so remained for a period of not less than one week, the Commissioner may order such structure demolished and removed. (c) Orders issued under this section shall be served by certified mail with return receipt requested or, in the discretion of the Commissioner, shall be served in the same manner as summonses are served under the Vermont Rules of Civil Procedure promulgated by the Supreme Court, to all persons who have a recorded interest in the property recorded in the place where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

20 V.S.A. § 2734 Penalties

2734. Penalties (a) A person who violates any provision of this subchapter or any order or rule issued pursuant to this subchapter shall be fined not more than $10,000.00. The State’s Attorney of the county in which the violation occurs shall prosecute the violation and may commence a proceeding in the Superior Court to compel compliance with the order or rule, and the court may make orders and decrees in relation to the proceeding by way of writ of injunction or otherwise. (b) A person who fails to comply with a lawful order issued under authority of this subchapter in case of sudden emergency shall be fined not more than $20,000.00. A person who fails to comply with an order requiring notice shall be fined $200.00 for each day’s neglect commencing with the effective date of the order or the date the order is finally determined if an appeal has been filed. (c) The Commissioner may, after notice and opportunity for hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter or any rule adopted under this subchapter. Penalties assessed pursuant to this subsection shall be based on the severity of the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority under subsection (a) of this section. (d) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20, § 171.

20 V.S.A. § 2735 State buildings

2735. State buildings The Commissioner shall establish a risk classification system for all State buildings. State buildings classified as high or medium risk shall be inspected at least every five years. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2011, No. 139 (Adj. Sess.), § 17, eff. May 14, 2012.

20 V.S.A. § 2736 Municipal enforcement

2736. Municipal enforcement (a) The legislative body of a municipality may appoint one or more trained and qualified officials and may establish procedures to enforce rules and standards adopted under subsection 2731(a) of this title. After considering the type of buildings within the municipality, if the Commissioner determines that the training, qualifications, and procedures are sufficient, he or she may assign responsibility to the municipality for enforcement of some or all of these rules and standards. The Commissioner may also assign responsibility for enforcement of the rules of the Access Board adopted under section 2902 of this title. The Commissioner shall provide continuing review, consultation, and assistance as may be necessary. The assignment of responsibility may be revoked by the Commissioner after notice and an opportunity for hearing if the Commissioner determines that the training, qualifications, or procedures are insufficient. The assignment of responsibility shall not affect the Commissioner’s authority under this subchapter. (b) If a municipality assumes responsibility under subsection (a) of this section for performing any functions that would be subject to a fee established under subsection 2731(c) of this title, the municipality may establish and collect reasonable fees for its own use, and no fee shall be charged for the benefit of the State. (c) Subject to rules adopted under section 2731 of this title, municipal officials appointed under this section may enter any premises in order to carry out the responsibilities of this section. The officials may order the repair, rehabilitation, closing, demolition, or removal of any premises to the same extent as the Commissioner may under section 2733 of this title. (d) Upon a determination by the Commissioner that a municipality has established sufficient procedures for granting variances and exemptions, such variances and exemptions may be granted to the same extent authorized under subsection 2731(e) of this title. (e) The results of all activities conducted by municipal officials under this section shall be reported to the Commissioner periodically upon request. (f) Nothing in this section shall be interpreted to decrease the authority of municipal officials under other laws, including laws concerning building codes and laws concerning housing codes. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

20 V.S.A. § 2737 Building permits

2737. Building permits Each municipality shall provide to the Commissioner upon request information regarding building permits issued by the municipality. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.

20 V.S.A. § 2738 Fire Prevention and Building Inspection Special Fund

2738. Fire Prevention and Building Inspection Special Fund (a) The Fire Prevention and Building Inspection Special Fund revenues shall be from the following sources: (1) fees relating to construction and inspection of public building and fire prevention inspections under section 2731 of this title; (2) fees relating to boilers and pressure vessels under section 2883 of this title; (3) fees relating to electrical installations and inspections and the licensing of electricians under 26 V.S.A. §§ 891-915; (4) fees relating to cigarette certification under section 2757 of this title; and (5) fees relating to plumbing installations and inspections and the licensing of plumbers under 26 V.S.A. §§ 2171-2199. (b) Fees collected under subsection (a) of this section shall be available to the Department of Public Safety to offset the costs of the Division of Fire Safety. (c) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon. Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2005, No. 6, § 85, eff. March 26, 2005; 2009, No. 134 (Adj. Sess.), § 2.

20 V.S.A. § 2739 Repealed. 2009, No. 134 (Adj. Sess.), § 9(b).

20 V.S.A. § 2751 Repealed. 1977, No. 253 (Adj. Sess.), § 7.

20 V.S.A. § 2752 Smoking

2752. Smoking (a) A person who smokes a pipe, cigar, or cigarette in a mill, factory, barn, stable, or other outbuilding belonging to or occupied by another person, or in a public building in which a notice containing this section, prohibiting such smoking, signed by the owner, agent, occupant, or custodian of the same is posted conspicuously near the main entrance thereof, shall be fined not more than $5.00. (b) All prosecutions under this section shall be commenced within 30 days from the date of the offense.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/20/173Fetched: 10/21/2026