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ARTICLE II. FIRE PREVENTION CODE
Pursuant to the provisions of Public Act 279 of 1909, § 3(k), being M.C.L.A. § 117.3(k), as amended, and for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the NFPA 2018 Edition including all documents listed in chapter 2 of NFPA 1 2018 Edition is hereby adopted by reference, as modified herein, and as so adopted shall be known as the “Charlotte Fire Prevention Code” and shall replace the existing “Charlotte Fire Prevention Code” previously adopted which is hereby repealed. Whenever the words “authority having jurisdiction” are used in the Fire Prevention Code, it shall mean the Fire Chief and his or her designees. Whenever the words “governing authority” are used, it shall mean the City of Charlotte.
(1993 Code, § 30-26) (Am. Ord. passed 9-22-2003; Am. Ord. 2023-04, passed 4-17-2023)
The following articles or sections of the NFPA 2018 Edition are hereby added, amended, or deleted as hereinafter set forth. Subsequent article, division, and section numbers used in this § 30-27 shall refer to the like numbered articles, divisions, and sections of the NFPA 1 2018 Edition unless specified otherwise.
(A) 1.7.14 Certification of occupancy. Occupancy of any structure besides one- and two-family dwellings is prohibited until a final certification of occupancy is issued. A certification of occupancy shall be reviewed and approved by the fire chief or his designated agent after meeting the requirements of the code.
(B) 1.12.8 Permits. Permits shall be required as outlined in the City of Charlottes Fee Schedule.
(C) 16.3.4.3 Access for Firefighters.
Any structure besides a one- and two-family residence is required to have an access box installed in an area designated by the fire chief or his designee.
All buildings that have an elevator are required to have an elevator key lock box installed in an area designated by the fire chief or his designee.
Access box order forms are available by contacting the Charlotte Fire Department.
(D) 10.10 Open Fires. Open burning should comply with sections 10.10 through 10.10.5.2 of the code. Open burning shall consist of only recreational fires. Under certain conditions, the fire chief or his designee may allow the burning of brush by permit.
(E) 3.2 NFPA Official Definitions. 3.3.226 shall be amended to read as follows:
3.3.226 Recreational fire. Fuel used for a recreational fire shall be untreated dry-season wood or charcoal. The total area for the fire shall not exceed 3 FT in diameter and 2 FT in height.
(F) Board of Appeals. The City Council of the City of Charlotte is hereby constituted as the Board of Appeals under this Fire Prevention Code.
(1993 Code, § 30-27) (Ord. passed 9-22-2003; Ord. 2015-04, passed 10-26-2015; Ord. 2021-02, passed 3-15-2021; Am. Ord. 2023-04, passed 4-17-2023)
Any person who shall violate any provision of this code or standard hereby adopted 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 fail to operate in accordance with any certification or permit issued thereunder, and form which no appeal has been taken; or who shall fail to comply with any order as affirmed or modified by a court of competent jurisdiction within the time frame fixed herein, shall severally for each and every such violations and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less the $100 nor more the $500 or by imprisonment for not less than one day nor more then 90 days or by both such fine and imprisonment. Those fines and or imprisonment shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy the violation or defects within a reasonable timeframe. Each day the violation continues and prohibited conditions are maintained shall constitute a separate offense.
(Ord. 2023-04, passed 4-17-2023)
The Fire Chief is empowered to enter at any and all reasonable times upon and into any premises, building, or structure for the purpose of examining and inspecting the same, to ascertain the conditions with regard to fire hazards, and the condition, size, arrangement, and efficiency of any and all appliances for detection, notification, or fire suppression. The Fire Chief is empowered to appoint members of the regular personnel of the Fire Department to make the inspection, who shall report in writing to the Fire Chief the results of the inspection, and who are empowered to make any written orders for the correction of any hazard or deficiency in detection, notification, or fire suppression appliances as outlined in the code. Every order made by the Fire Chief or by authorized members of the Fire Department shall be promptly complied with.
(Ord. 2023-04, passed 4-17-2023)
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