An enforcement issue caused the Zoning Office to review
County regulations regarding the storage of explosives.
Specifically, the County has a resident who trains dogs to
sniff explosives. To do so, he must store explosives for
training purposes. In the course of an investigation of this
individual, it became clear that the County’s Ordinance is
outdated and should be modified to permit this important
business to continue, by extension of storage into RC zones.
Based upon this case, the Zoning Staff recommends amending
the County Zoning Ordinance as follows:
5-1704 Additional Standards for Explosives Storage in
the RA, RC, I-1 and I-2
Except as modified below, the County adopts and
incorporates herein the Virginia Statewide Fire Prevention
Code as it relates to the storage of explosives and
Storage of explosives in amounts under 100 pounds
may be authorized by an Administrative Special Permit.
Prior to issuing a permit, the Zoning
Administrator shall seek the advice and counsel of the Fire
Marshal and the Sheriff.
No permit shall be issued for storage of high
explosives or low explosives in quantities of fifty pounds
or more, unless the applicant is licensed by the Bureau of
Alcohol, Tobacco, and Firearms, and the Fauquier County Fire
Storage of explosives in amounts greater that 100
pounds shall be authorized by special exception.
Neither a permit nor a special exception is
required to store small arms ammunition, the possession and
storage of not more than fifteen pounds of commercially
manufactured sporting black powder, twenty pounds of
smokeless powder, or under 10,000 small arms primers for
hand loading of small arms ammunition for personal
Neither a permit nor a special exception is needed
to store ammunition for retail sale by a licensed retailer
of firearms with a fixed place of business in the County
other than his home. Note: After the final
action of the Planning Commission, Clark Brothers requested
that the following be inserted after the word “ammunition”:
“low explosives, black powder, and ammunition components”.
Staff concurs with this addition.
3. All high explosives and low explosives in
quantities of fifty pounds or more shall be stored in Type 1
or Type 2 magazines.
1. Magazine setbacks
from all property lines shall be in a minimum of that
distance required to unbarricaded public highways with
traffic volume less than 3,000 vehicles per day
buildings as set forth in the Virginia Statewide
Fire Prevention Code. by the Rules and
Regulations Governing Manufacture, Storage, Handling, Use
and Sale of Explosives as adopted by The Safety and Health
Codes Commission of the Commonwealth of Virginia.
2. Storage must be in compliance
with all applicable Federal and State regulations.
3. Applicant Any person
storing any high explosive or low explosives in quantities
of fifty pounds or more shall file with the Board of
Supervisors annually a Certificate of Insurance which shows
that the applicant has adequate liability insurance which
liability insurance shall in no case be less than One
Million ($1,000,000.00) Dollars combined single limit for
bodily injury and property damage.
4. Class I magazines shall be used for the storage of
explosives when quantities are in excess of fifty (50)
pounds of explosive material.
5. Class II magazines may be used for temporary storage
of less than fifty (50) pounds of explosives at the site of
blasting operations or where such amount constitutes not
more than one day's supply for use in current operations. In
no case shall a Class II magazine be
used for overnight storage.
7. An eight (8) foot chain link fence, or a six (6) foot
chain link fence with three (3) strands of barbed wire
around the top, shall be provided on all four sides of a
Class Type I magazine, so as to fully
encircle a Class I magazine installation. The fence shall
have a gate equipped with case-hardened locks and clasps.
Applicant Any person storing any high
explosive or low explosives in quantities of fifty pounds or
more shall be required to obtain an annual
inspection by the Fauquier County Fire Marshal and shall
file annually with the Zoning Administrator a copy of the
permit issued by the Fauquier County Fire Marshal as
well as the permit issued by the Bureau of Alcohol, Tobacco,
Planning Commission unanimously initiated this amendment on
April 26, 2005; conducted the public hearing on May 26, 2005
and unanimously forwarded it to the Board of Supervisors
with a recommendation that the text amendment be adopted.