Virginia Regulatory Town Hall
Department of Housing and Community Development
Board of Housing and Community Development
Virginia Statewide Fire Prevention Code [13 VAC 5 ‑ 51]
Action is Exempt from Article 2 of the Administrative Process Act
National background investigations for blasters (exempt)
Action 743
General Information
Action Summary This action by the Board of Housing and Community Development is necessary to conform to changes in Virginia statutory law (ch. 951 and 1065, 2000 Va. Acts) and no agency discretion is involved. Therefore, the amendment of the regulation is excluded from Article 2 (public participation) of the Administrative Process Act by reason of the exemption in § 9-6.14:4.1C4(a). Effective January 1, 2001, § 27-97 and 27-97.2 of the Code of Virginia require that, "The Board shall require a background investigation, to include a national criminal history record check, of all individual applicants and all designated persons representing an applicant that is not an individual, for a permit to manufacture, store, handle, use or sell explosives, and for any applicant for certification as a blaster. Each such applicant shall submit his fingerprints to the Board on a form provided by the Board and provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. Any firm or company manufacturing, storing, using, or selling explosives shall provide to the Board or other issuing authority the name of a representative responsible for (i) ensuring compliance with state law and regulations relating to blasting agents and explosives and (ii) applying for permits. The Board or other issuing authority shall deny any application for a permit or for certification as a blaster if the applicant or designated person representing an applicant has been convicted of any felony, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, unless his civil rights have been restored by the Governor or other appropriate authority."
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: § 9-6.14:4.1C4(a)of the Code of Virginia
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
1043 Final Stage complete. This regulation became effective on 01/17/2001.
Contact Information
Name / Title: Chase Sawyer  / Policy & Legislative Services Manager
Address: Main Street Centre
600 East Main Street, Suite 300
Richmond, VA 23219
Email Address:
Phone: (804)310-5872    FAX: (804)371-7090    TDD: (804)371-7089

This person is the primary contact for this agency.