(A) Violations of State Building codes. When a violation is discovered during an inspection, the Fire Code Official shall provide a notice of violation to the responsible party in accordance with § 98.074. It shall be the responsibility of the responsible party to repair or remedy the violation.
(B) Correction of violations. It shall be the responsible party’s obligation to provide self-certification of correction of any violation by a means suitable to the Code Official. If the violation is not self-certified, and it is discovered that the same violation exists either during the following scheduled periodic inspection or by subsequent inspections, a civil penalty shall be assessed in accordance with Appendix D of this chapter. If a specific violation is discovered to be a re-occurring violation as defined in § 98.005, a civil penalty may be assessed in accordance with Appendix D of this chapter.
(C) Unsafe buildings and conditions. If a premises, a building or structure, or any service system, in whole or in part, constitutes a clear and inimical threat to human life, safety, or health, the Code Official shall issue orders for the responsible party to remedy the condition within a specified time frame, and temporary sanctions may be placed in effect that are suitable to the Code Official, to minimize exposure or subjection to the unsafe condition.
(1) Initial inspection. The responsible party shall be given a specific, reasonable time period to repair or remedy the unsafe condition. A first compliance inspection shall be scheduled for a time period of no less than 30 days from the initial inspection.
(2) First compliance inspection. If, upon completion of the first compliance inspection, the unsafe condition is not corrected or remedied, a civil penalty shall be assessed in accordance with Appendix D of this chapter, and a second compliance inspection shall be scheduled for a time period of no less than 15 days from the first compliance inspection.
(3) Second compliance inspection. If, upon completion of the second compliance inspection, the unsafe condition is not corrected or remedied, a civil penalty shall be assessed in accordance with Appendix D of this chapter, and a third compliance inspection shall be scheduled for a time period of no less than seven days from the second compliance inspection.
(4) Third compliance inspection. If upon completion of the third compliance inspection, the unsafe condition is not corrected or remedied, a civil penalty shall be assessed in accordance with Appendix D of this chapter, and the case will be turned over to the Davidson County Attorney in accordance with § 98.077. Civil penalties shall continue to accrue every seven days until the unsafe condition is corrected and notification is made to the Code Official by the responsible party or determined by the County Attorney. It shall be the responsibility of the responsible party to contact the Code Official for a compliance inspection.
(5) Approved plan of action. The Fire Code Official shall have the authority to approve an extended time frame for abating a violation and/or unsafe condition at the responsible party’s request. The responsible party shall make such request in writing and specify a reasonable time frame and specific measures to be enacted to meet compliance. The responsible party shall demonstrate good cause as to the reason for the request. If approved, the plan of action shall be followed as specified, and temporary sanctions may be placed in effect that are suitable to the Code Official to permit continued use of the building, structure, or service system. If the approved plan of action is not followed as specified, a civil penalty, with a fee as listed in Appendix D, shall be assessed, and the case will be turned over to the Davidson County Attorney in accordance with § 98.077.
(6) Extension of an approved plan of action. The Fire Code Official is authorized to permit one extension of an approved plan of action if extenuating circumstances arise that make the abatement of the violation not possible to remedy. This will require proof of hardship, or circumstances beyond the control of the responsible party.
(D) Imminent danger and/or imminent threat of. If a condition is discovered of an imminent danger, and/or the imminent threat of danger that poses immediate threat or hazard to the safety, or heath of persons, a building, structure, space within a building or structure, or premises, immediate evacuation of the affected building, structure, or space within a building or structure shall be ordered immediately. If an imminent threat or a dangerous condition is discovered, the building shall be evacuated immediately.
(E) Structural hazards. Where an apparent structural hazard is caused by the faulty installation, operation, or malfunction of any of the items or devices governed by the N.C. State Building Code, the Fire Code Official shall immediately notify the Building Code Official.
(F) Evacuation. The Fire Code Official or the Fire Department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building, structure, or space within a building deemed unsafe or have hazardous conditions that present an imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises, and they shall not enter or re-enter until authorized to do so by the Fire Code Official or the Fire Department official in charge of the incident.
(G) Summary abatement. Where conditions exist that are deemed hazardous to life and property, the Fire Code Official or Fire Department official in charge of an incident is authorized to abate summarily such hazardous conditions or require a responsible party to abate such conditions that are in violation of the North Carolina State Building Codes.
(H) Service utilities. The Fire Code Official shall have the authority to authorize disconnection of utility service to the building, structure, or service system in order to safely execute emergency operations or to eliminate an immediate hazard that constitutes an imminent danger. The Fire Code Official shall notify the serving utility and, where possible, the owner, occupant, or responsible party of the building, structure or service system of the decision to disconnect before taking such action. When the responsible party is not available, or cannot be located, then notification shall be made in writing and mailed as soon as practical thereafter.
(I) Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The Fire Code Official, upon finding any overcrowding conditions or obstructions in aisles, passageways, or other means of egress, or upon finding any condition that constitutes a life safety hazard, shall be authorized to cause the event or business to be stopped until such condition or obstruction is corrected.
(Ord. passed 6-22-21)