§ 7-60. Fire code adopted.

(1)

Adoption. There is hereby adopted the 2006 edition of the North Carolina State Building Code: Fire Code, (NCSBCFC) including appendix chapters B through H, as may be amended from time to time, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the occupancy of buildings and premises in the county, and providing for the issuance of permits for hazardous uses or operations. This code is hereby adopted as if fully set out herein; provided that if the ordinances of the county impose greater restrictions than those imposed by this code, then the provisions of such county ordinance shall prevail. A copy of such code is filed with the fire marshal of the county. If the appendices conflict with local established ordinances, the local ordinance shall prevail as permitted by law.

(2)

Enforcement; fire division of the department of emergency services.

(a)

The fire prevention code adopted by the provisions of this article shall be enforced by the fire division within the department of emergency services of the county, which is hereby established and which shall be operated under the supervision of the director of emergency services.

(b)

The director of emergency services, subject to the approval of the county manager, shall designate a manager of the fire division which shall serve as fire marshal, and who shall be in charge of the fire division. Such designation shall be on the basis of an examination to determine qualifications of a candidate under consideration.

(c)

The director of emergency services may detail such members of the emergency services department as inspectors as shall from time to time be necessary.

(d)

Terms not defined herein that are integral to administration and enforcement of the county's fire prevention program shall have the same meanings as terms contained in the NCSBCFC.

(3)

Permits and inspections.

(a)

An operational, construction or special use permit shall be obtained from the fire division prior to commencing any work to erect, construct, enlarge, install, alter, repair, move, improve, remove, convert or demolish any building, structure, or service system as required by the NCSBCFC. No permits will be issued to unlicensed individuals or companies when the scope of work is in conflict with licensure requirements of the North Carolina General Statutes or North Carolina State Building Code.

(b)

Permit applications shall be made on a form(s) provided by the fire division and include two (2) copies of plans, blueprints or scaled drawings of sufficient clarity and detail to indicate the nature and character of the proposed work. Hydraulic calculations, fire resistive and structural integrity specifications, manufacturer's installation guidelines and related supporting documentation should also accompany the application when necessary for review prior to permitting. The provisions of this section do not apply to one- and two-family dwellings.

(c)

The fire division must be notified at least twenty-four (24) hours in advance to schedule any inspections. Required inspections include, but are not limited to:

1.

Inspection of pressure testing of all piping.

2.

Rough-in inspection of wiring or piping prior to concealment by building finishes.

3.

Inspection of any hydrants to insure proper placement to meet NCSBCFC standards.

4.

Final inspection and complete system testing to include pull stations and smoke detectors.

(4)

Permit types and inspection frequency.

(a)

Operational permits are required by the NCSBCFC to conduct the following types of operations:

1.

Amusement buildings, including Halloween haunted houses

2.

Aviation facilities

3.

Carnivals and fairs

4.

Covered mall buildings

5.

Exhibits and trade shows

6.

Explosives (blasting, storage, manufacturing, etc.)

7.

Fumigation and thermal insecticidal fogging

8.

Hazardous materials storage

9.

Hazardous production material facilities

10.

High-piled or high rack storage

11.

Liquid or gas fueled vehicles or equipment in assembly buildings

12.

Open burning commercial

13.

Pyrotechnic special effects material proximate audience

14.

Spraying or dipping operations

15.

Temporary membrane structures, tents exceeding two hundred (200) square feet, and canopies exceeding four hundred (400) square feet),

16.

Fireworks sales tent/stand

17.

Fireworks for public display, outdoors

(b)

Construction permits are required by the NCSBCFC to install, renovate or modify the following systems or equipment prior to commencing work:

1.

Automatic fire suppression system

2.

Automatic sprinkler system

3.

Standpipe system (not part of a sprinkler system)

4.

Fire alarm and detection system (includes devices connected into alarm system)

5.

Fire pumps and related equipment

6.

Private fire hydrants

7.

Compressed gas systems (amounts exceed those listed in table 105.6.8)

8.

Hazardous materials facility or other areas

9.

Flammable and combustible liquids storage tanks

(c)

Occupancy types and frequency of inspections required by the NCSBCFC are listed below. Initial and first follow-up inspections are conducted at no cost to the applicant, although subsequent reinspections for code compliance will be assessed thirty-five dollars ($35.00) for a second follow-up inspection, and fifty dollars ($50.00) for third and successive reinspections.

12 month inspection	24 month inspection	36 month inspection
Hazardous	Factory industrial	Assembly (occupant load <100)
Assembly	Educational (excluding public and private schools)	Business
Day Care Facility		Mercantile
High Rise		Storage
Institutional		Churches
Hospital		Synagogues
Residential Care		Mosques
Residential (other than 1 and 2 family)		Utility
Educational (public and private schools)		Miscellaneous Group U

 

(5)

Appeals. Whenever the fire marshal shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the fire prevention code adopted by the provisions of this article do not apply or that the true intent and meaning of the fire prevention code have been misconstrued or wrongly interpreted, the applicant may appeal to the director of emergency services and subsequently to the county manager. Appeals from the decision of the county manager shall be made to the board of county commissioners within thirty (30) days from the date of the decision from which the appeal is taken.

(6)

Citations and penalties.

(a)

Misdemeanor citations. Any person who shall violate any of the provisions of the fire prevention code adopted by the provisions of this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of commissioners or by a court of competent jurisdiction, within the time fixed, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable as provided in section 1-7. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified in the fire prevention code, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

(b)

The application of the penalty provided in subsection (a) of this section shall not be held to prevent the enforced removal of prohibited conditions.

(c)

Civil penalties . The fire division is empowered to issue notices of violation and civil citations when fire inspectors have reasonable cause to believe that any person or business has violated any provision of the NCSBCFC, as amended, or this code. The notice of violation or civil citation may be delivered in person to the violator or, if the violator cannot be readily found, the notice of violation or civil citation may be mailed by certified mail.

The notice of violation may specify a period during which the violator must correct the violation. If the violation is not corrected within the specified time, the violator shall be guilty of a new and separate offense. The new violation notice shall specify the penalty to be imposed on the violator and shall direct the violator to appear to the fire division within thirty (30) days to pay the penalty or, alternatively, to pay the penalty by mail.

(d)

Violations types and associated fines. Violation(s) consisting of locked and/or blocked exits, impedance of the occupants to quickly evacuate a structure or premises, or conditions posing imminent danger to the occupants on or about the premises or violation(s) of occupancy limits established pursuant to the NCSBC and/or NCSBCFC must be fixed or corrected during the time of the inspection if at all possible.

On a first or second offense, if the violator does not pay the penalty within thirty (30) days after issuance of the notice of violation or civil citation, a delinquency charge of ten dollars ($10.00) will be added to the amount specified in the notice of violation or civil citation and the notice of the delinquency charge shall be mailed to the violator.

On a third offense of the same code violation during the same calendar year, there is a per day civil penalty until the violation is corrected.

If the penalty and delinquency charge are not paid within the time allowed, fire division personnel may have a criminal summons as provided in section 6(a) of this chapter issued against the violator for the violation of the NCSBCFC, or this ordinance. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the NCSBCFC or this ordinance, to the penalty specified in the notice of violation or civil citation and the delinquency charge. Any violation incurring more than a year after issuance of the initial citation shall be treated as a first offense for establishing and imposing penalties.

1.

Occupancy limit violation(s):

First offense ..... $50.00

Second offense ..... $100.00

Third and subsequent offenses ..... $250.00

2.

Violation(s) consisting of locked or blocked exits, impedance of the occupants to quickly evacuate a structure or premises or conditions posing imminent danger to the occupants on or about the premises.

First offense ..... $100.00

Second offense ..... $200.00

Third and subsequent offenses ..... $350.00

3.

Violation(s) consisting of parking in fire lane, blocking of fire hydrant, failure to place hazardous materials warning signs (NFPA 704) where required by the code:

First offense ..... $35.00

Second offense ..... $50.00

Third and subsequent offenses ..... $100.00

4.

Violation(s) of the open burning section of this ordinance and/or any state air quality open burning regulations.

First offense ..... $35.00

Second offense ..... $50.00

Third and subsequent offenses ..... $100.00

5.

Failure to obtain permit for pyrotechnic display.

Each offense ..... $300.00

(7)

Miscellaneous provisions.

(a)

Fire lanes. Fire division personnel shall have the authority to designate fire lanes necessary for fire apparatus accessibility. All designated fire lanes shall be marked as specified by the NCSBCFC. Additional signs shall be posted as specified by fire division personnel. All fire lanes previously designated and described by the county prior to this amendment shall remain as fire lanes and maintained as such. The parking of motor vehicles or other obstruction of a required fire lane shall be prohibited at all times per the fire code.

(b)

Fire hydrants. The installation, inspection, marking, testing, maintenance, obstructions of, and clearances from fire hydrants are subject to approval and verification by the fire division and shall comply with section 508 of the NCSBCFC and applicable NFPA standards.

(c)

Hazardous materials disclosure and signage. Hazardous materials disclosure shall be as specified in G.S. 95-173 through G.S. 95-218. Facilities storing or using hazardous materials shall file and maintain all required information on the online E-plan hazardous materials database and submit annual updates on same. Hazard and identification signs as outlined in NFPA 704 shall be placed accordingly at all entrances to and in locations where hazardous materials are stored, handled, or used in excess of the exempt amounts. A reference guide on the sizes of signs, signals and their placement will be made available to the public from the fire division upon request.

(d)

Key boxes. The fire division shall have the authority to require a key box to be installed in an accessible location where access to or within a structure or area is difficult, because of security. For standardization across all fire protection districts, locations utilizing or having been required to install a key box for emergency access shall use KNOX™ secure key box system components.

(e)

Smoke detectors and carbon monoxide detectors (for rental property, landlords, and tenants). Installation, use, and maintenance of smoke/carbon monoxide detectors shall comply with the Landlord and Tenant Act, chapter 42, of North Carolina General Statutes; article 5 of chapter 42: Residential Agreements G.S. 42-42(a)(5); 42-42(a)7; G.S. 42-43(a)(7) and G.S. 42-44(a), (a1), (a2).

(f)

Fireworks. No person shall use or explode any fireworks for public display without having first obtained approval from the Rowan County Board of Commissioners and acquired a permit from the fire division and meeting the requirements of the NCSBCFC.

1.

Public display. Any person wishing to obtain a permit for fireworks for public display shall first submit an application with the fire division sixty (60) days prior to the event. The permit holder shall provide proof of insurance as required by NCGS 14-413. The fire division is responsible for making the site inspections and shall make such inspections as deemed necessary to assure the site is in compliance. Once the fire division is satisfied that the site is ready and in compliance with the provisions of the fire code, then the permit shall be issued. The permit shall not be transferable. The permit shall be valid only as specified as per the conditions of the permit.

2.

Permit revocation. If due to atmospheric conditions or other such conditions that may cause a danger to life and/or property from the display of the fireworks, or if there is a burning ban in place, the fire division may revoke the permit. Failure to abide by the rules and regulations of the NCSBCFC shall be subject to a civil citation and immediate revocation of the permit.

3.

Sale of fireworks. It shall be unlawful for any person to possess, store, offer for sale, sell at retail, without having first obtained a permit if one is required, from the fire division and meeting the requirements of the RCFPPO and NCSBCFC. All fireworks offered for sale must meet those allowed by North Carolina General Statute 14-414 and NCSBCFC.

4.

Seizure and disposal of fireworks. The fire division may seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of NCSBCFC, NCSBC and NCGS 14-414. Failure to abide by the rules and regulations of the fire code shall be subject to a civil citation.

(Ord. of 5-7-07; Amend. of 4-2-12)

State law reference

Adoption of technical codes, G.S. 153A-47.