The North Carolina Fire Prevention Code is hereby adopted and shall be amended and changed in the following respects:
(a) Chapter 1 is amended by the addition of the following sections:
103.2 Appointment. The Fire Marshal's Office is established as a division of the City of Asheville Fire Department and this division shall operate as the department of fire prevention defined in section 103.1. The Fire Chief shall appoint fire code enforcement officials, certified by the State of North Carolina.
103.3 Employees. In accordance with the prescribed personnel policies and procedures of the City of Asheville, the Fire Chief shall have the authority to appoint a Fire Marshal, Deputy Fire Marshals, Assistants, and other related technical officers, inspectors, plan reviewers, and other employees necessary to enforce this code.
103.4 Liability. The fire code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
103.4.1 Legal defense. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the City of Asheville until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
103.5 Interference. It shall be unlawful for any person to interfere with a fire code official carrying out any duties or functions prescribed by this code. For the purpose of this section interfere shall include, but not be limited to, threats or actions concerning employment status or disciplinary action affecting any fire official in connection with actions properly taken under the authority of the Fire Prevention Code, refusal to admit a fire official possessing a warrant pursuant to N.C. Gen. Stat. §15-27.2 to the premise named in that warrant, unwanted physical contact with or restraint of a fire code official, or harassment of a fire code official in connection with official actions whether on or off duty. Any such conduct, per this ordinance, may be punished as a class 3 misdemeanor as set forth in N.C. Gen. Stat. § 14-4.
103.6 Impersonation. It shall be unlawful for any unauthorized person to use a badge, uniform, or other credentials, so as to impersonate a fire code official for the purpose of gaining entry to any premises, or for the purpose of selling or offering for sale any fire protection device, appliance, material, or service. Any such conduct, per this ordinance, may be punished as a class 3 misdemeanor as set forth in N.C. Gen. Stat. § 14-4.
104.10 Fire investigations. The fire code official or other responsible authority designated by the fire chief shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.
104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.
104.10.2 Fire investigation records. The fire department shall keep a record of fire investigations occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the fire chief.
104.12.1 Fire station parking. The fire chief shall have the authority to regulate parking on streets and other areas adjacent to any fire station or other fire department facility.
104.13.1 Public Street and Sidewalk Closures. The temporary or permanent closure or obstruction of any public street or sidewalk must be approved by the fire code official prior to such closure or obstruction placement, when such closure or obstruction would affect life safety or fire apparatus response.
105.1.4 Operational Permits required. Permit fees shall be as specified by the City of Asheville. Failure to pay the required fees and charges shall be a violation of this code. In addition to those permits specified as mandatory by this code, the following optional permit sections are adopted as mandatory permits by the City of Asheville:
105.6.17 Floor finishing
105.6.20 Hazardous Materials
105.6.22 High Piled Storage
105.6.24 Industrial ovens
105.6.30 Open Burning
105.6.31 Use of Torch or Open Flame Device
105.6.32 Open flames and candles
105.6.34 Places of assembly
105.6.39 Repair garages and motor fuel-dispensing facilities
105.6.42 Storage of scrap tires and tire byproducts
105.6.44 Tire-rebuilding plants
105.6.45 Waste handling
105.6.47 Road and Public Way Obstructions. An operational permit is required for the temporary or permanent obstruction of any fire apparatus access road or public way when such obstruction, in the opinion of the fire code official, would affect life safety, exit discharge, or fire apparatus use.
107.6 Overcrowding. It shall be unlawful to permit overcrowding or admittance of any person beyond the approved capacity of a building, premise, or portion thereof. The fire code official, upon finding any overcrowding conditions, or obstructions in aisles, passageways, or other means of egress, or upon finding any condition which constitutes a serious menace to like, shall be authorized to cause the performance, presentation, spectacle, or entertainment to be stopped until such condition or obstruction is corrected. The fire code official is authorized to order the evacuation of a building, premise, or portion thereof to abate the overcrowded condition.
106.1 Inspection Schedule Adopted. The inspection schedule specified in section 106 is adopted. This inspection schedule represents a minimum inspection schedule. If fires or other circumstances indicate that more frequent inspections of individual occupancies or classes of occupancies will assist in reducing life and property losses from fire, then more frequent inspection will be undertaken.
109.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish, or utilize a building, occupancy, premises, or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
109.2 Notice of violation. When the fire code official finds a building, premises, vehicle, system, facility, or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for compliance.
109.2.1 Service. A notice of violation issued pursuant to this code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises or the notice of violation shall be mailed to the last known address of the owner, occupant, or both.
109.2.2 Compliance with orders and notices. A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant, or other person responsible for the condition or violation to which the notice of violation pertains.
109.2.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the City Attorney of the City of Asheville to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
109.2.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the fire code official.
109.3 Violation penalties. Any person, firm, corporation or their assigns, agent or executor who violates a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be deemed in violation of this code. Violators of this code may be assessed a civil monetary penalty based upon the class of violation and the fee schedule of civil penalties as adopted by the City of Asheville.
109.3.1 Classes of violations. Violations of this code shall be assigned a violation classification as defined in this section. Determination of the class of violation shall be at the sole discretion of fire code officials of the Asheville Fire Department who are charged with enforcement of this code, unless otherwise specified in this code. As used in this section, an emergency shall be defined as an unexpected situation or event, of a serious nature, requiring immediate action or response by the Asheville Fire Department.
109.3.1.1 Class D. A violation of the provisions of sections 503.4 and 507.5.4 by a motor vehicle shall be deemed a Class D violation.
109.3.1.2 Class C. A violation of the provisions of this code which causes an increase of the hazard or menace of fire, explosion, or other hazardous condition or may delay, hinder, or interfere with the operations of the fire department shall be deemed a Class C violation.
109.3.1.3 Class B. A violation of the provisions of this code which may delay, hinder, or prevent the egress of the occupants in the event of a fire and/or other emergency or acts which may prevent the operation of fire and/or life safety devices and/or systems shall be deemed a Class B violation.
109.3.1.4 Class A. A violation of the provisions of this code that delayed, hindered, or prevented the egress of the occupants during an emergency or caused a fire or increased the severity of a fire or acts that prevented the operation of a fire and/or life safety system or device during an emergency shall be deemed a Class A violation.
109.3.1.5 Violations of Section 107.6 concerning overcrowding, as well as any future iterations thereof, shall be punished as follows: First Offense - Written warning or as a Class D violation; Second Offense - Class C violation; Third Offense - Class A violation. Additionally, upon the discovery of any Violation of the North Carolina Building Code: Fire Prevention Code Section 107.6 concerning Overcrowding, the fire marshal, or the fire marshal's designee, is authorized to order the evacuation of a building, premise, or portion thereof to abate the overcrowded condition. The enforcement procedures set forth in this section are in addition to, and cumulative of, the fire marshal's existing authority to order the immediate evacuation of a building upon discovery of conditions that pose imminent safety risks.
109.3.2 Abatement of violation. In addition to the imposition of the civil penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises in accordance with N.C. General Statutes.
109.3.3 Continuing violations. Each calendar day, or other time period as specified in a written notice, that a violation continues after due notice has been served, shall be deemed a separate offense.
109.3.4 Appeals of civil penalties. The Fire Marshal shall establish written rules and regulations for a procedure, not inconsistent with the provisions of this code, city policies, and applicable state law, for administering an appeals process regarding civil penalties. This City of Asheville appeal process shall be approved by the Fire Chief and only be applicable to the provisions of sections 109.3 to 109.3.1.4. All other appeals of the provisions of this code shall be referred to the North Carolina Office of State Fire Marshal as provided for in The North Carolina Administrative Enforcement Code and Policies.
(b) Chapter 2, section 202 is amended by the addition of the following definition:
TRAFFIC CALMING DEVICES. Traffic calming devices are design elements of fire apparatus access roads such as street alignment, installation of barriers, and other physical measures intended to reduce traffic and cut- through volumes, and slow vehicle speeds.
(c) Chapter 4 is amended by the addition of the following sections:
401.9 Nuisance fire alarms. It shall be unlawful for fire alarm systems to transmit a nuisance alarm which causes a fire department response. A nuisance alarm shall include any unplanned fire department response that is caused by fire alarm testing or an evacuation drills using the fire alarm system.
(d) Chapter 4; section 404.2 amended by the addition of items:
16. Motor fuel-dispensing facilities
17. Unattended self-service stations shall have an approved fire safety plan.
(e) Chapter 4 is amended by the addition of the following sections:
408.12 Motor Fuel Dispensing Facilities. Motor fuel dispensing facilities shall comply with sections 408.12.1 through 408.12.2.
408.12.1 Employee training. Employees shall be instructed by owners or operators of service stations in the following
1. Operation of emergency fuel shutoffs required by section 2203.2.
2. Dispensing procedures in section 2204.
3. Spill control procedures in section 2205.3.
408.12.2 Spill control equipment. Each motor fuel dispensing facilities shall maintain the following emergency equipment and materials:
1. Absorbent materials, in a quantity and type as approved by the fire code official.
2. An approved waste container for the containment of the absorbent materials used to mitigate a spill.
408.13 Unattended Self Service Motor Fuel Dispensing Facilities. Approved unattended self service motor fuel dispensing facilities shall be exempt from the provisions of 408.12.1.
(f) Chapter 5 is amended by adding sections 503.4.1, 503.4.2, 503.4.2.1, and 507.5.4.1 and amending section 506.1 as follows:
503.4.1. Traffic calming devices. Traffic calming devices shall be prohibited, unless approved by the fire code official and the City Traffic Engineer.
503.4.2 Responsibility for obstructions. The owner of a premise shall be responsible to keep fire apparatus access roads on their premises clear of any obstruction which reduces the required width to less than that required by the fire code official.
503.4.2.1 Responsibility for Vehicles. The registered owner shall be responsible for their vehicle which obstructs a fire apparatus access road. The use of a fire lane for loading and unloading shall comply with NC General Statute 20 -162(b).
507.5.4.1 Responsibility for Vehicles. The registered owner shall be responsible for their vehicle that violates section 507.5.4 or 507.5.5.
506.1 Where required. The fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type, listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official.
(g) Chapter 6 is amended by the addition of the following section:
607.4.1 Elevator key type. When a building has multiple elevators, the keys required by section 607.4 shall be a single key type, as approved by the fire code official.
(h) Chapter 38 is amended by the addition of the following section:
3801.5 Maximum capacity within established limits. Within the limits established by the primary and secondary fire districts, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.
(i) That the limits referred to in certain sections of the N.C. Fire Prevention Code are hereby established as follows:
3404.2.9.6.1 (Limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): City of Asheville Primary and Secondary Fire Districts.
3406.2.4.4 (Limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): City of Asheville Primary and Secondary Fire Districts.
3506.2.4.4 (Limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): City of Asheville Primary and Secondary Fire Districts.
(j) Appendix D of the 2012 International Fire Code is adopted and amended by deleting figure D103.1 and Table D103.4 and the addition of replacement sections as follows:
D103.1 Access road widths. Access road widths shall comply with section 503 and the City of Asheville Standard Specifications and Details Manual.
D103.2 Grade. Fire apparatus access roads shall not exceed 15 percent in grade.
EXCEPTION: Where an approved automatic sprinkler system is installed, grades steeper than 15 percent but less than 18 percent are permitted, as approved by the fire chief and the city traffic engineer.
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with the City of Asheville Standard Specifications and Details Manual.
D105.1 Where required. Approved aerial fire apparatus access roads shall be provided for any building with an occupied floor located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access.
(k) Appendix F of the 2012 International Fire Code is adopted.
(l) Appendix J of the 2012 International Fire Code is adopted and amended as followed.
J101.8 (2) The fire department shall conduct inspections to verify compliance with this section of the code in accordance with section 106 and shall notify the owner, or the owner's agent, of any required updates to the sign in accordance with fire department designations and the owner, or the owner's agent, shall comply within 30 days.
(m) Appendix K is added as follows:
Appendix K Fire Limits
Fire District No. 1(Primary Fire District) Beginning at the intersection of the centerlines of Spruce Street and Walnut Street and running thence southerly along the centerline of Spruce Street to its intersection with the centerline of Eagle Street; thence southerly, crossing Eagle Street to the centerline of Velvet Street; thence with the centerline of Velvet Street southerly and westerly, crossing South Market Street to its intersection with the centerline of South Market Street; thence northwesterly, crossing South Market Street to the centerline of Wilson Alley; thence along the centerline of Wilson Alley to its intersection with the centerline of Sycamore Street; thence with the centerline of Sycamore Street to its intersection with the centerline of Biltmore Avenue; thence northerly along the centerline of Biltmore Avenue to its intersection with the centerline of Aston Street; thence westerly along the centerline of Aston Street to its intersection with the centerline of Asheland Avenue; thence northerly along the centerline of Asheland Avenue to its intersection with the centerline of Patton Avenue; thence westerly along the centerline of Patton Avenue to its intersection with the centerline of Otis Street; thence northerly along the centerline of Otis Street to its intersection with the centerline of Battery Park Avenue; thence easterly along the centerline of Battery Park Avenue to it intersection with the centerline of Page Avenue; thence northerly and northeasterly along the centerline of Page Avenue to its intersection with the centerline of Haywood Street; thence northerly along the centerline of Haywood Street to its intersection with the centerline of Hiawassee Street; thence easterly and southeasterly along the centerline of Hiawassee Street to its intersection with the centerline of North Lexington Avenue; thence northerly along the centerline of North Lexington Avenue, which becomes the centerline of Broadway, to its intersection with the centerline of Bordeaux Place; thence easterly with the centerline of Bordeaux Place to a point in the centerline of Bordeaux Place which is 150 feet east of the centerline of Broadway; thence southerly along a line parallel to and 150 feet east of the centerline of Broadway to the intersection of that line with the southern margin of the right-of-way of the connector road from Merrimon Avenue which crosses Broadway to the westbound entrance ramp of Interstate 240; thence easterly with the southern margin of the right-of- way of said connector to its intersection with the centerline of Merrimon Avenue; thence northerly with the centerline of Merrimon Avenue which becomes the centerline of Broadway, to its intersection of the centerline of Woodfin Street; thence easterly along the centerline of Woodfin Street to a point in the centerline of Woodfin Street which is an extension of the western boundary of the property described in Deed Book 1156 at Page 639 in the Office of the Register of Deeds for Buncombe County; thence southerly to the northwestern corner of said property; thence southerly with the western boundary of said property to it intersection with the northern right-of-way margin of Walnut Street; thence southerly to the centerline of Walnut Street; thence easterly along the centerline of Walnut Street to its intersection with the centerline of Spruce Street, to the point and place of beginning.
Fire District No. 2 (Secondary Fire District) Beginning at the intersection of the centerline of Church Street and Banks Avenue and running thence southerly along the centerline of Church Street to its intersection with the centerline of Buxton Avenue; thence westerly along the centerline of Buxton Avenue to it intersection with the centerline of Millard Street; thence southwesterly along the centerline of Millard Street to its intersection with the centerline of Coxe Avenue; thence northerly along the centerline of Coxe Avenue to its intersection with the centerline of Banks Avenue; thence easterly along the centerline of Banks Avenue to its intersection with the centerline of Church Street, the point and place of beginning.
(Ord. No. 4009, § 1, 9-13-11; Ord. No. 4848, § 1, 12-8-20; Ord. No. 4910, § 2, 11-9-21)