The Fire Marshal's Office is hereby authorized, subject to review and approval of the County Manager, to promulgate rules, regulations and procedures necessary to enforce this chapter.
(A) As authorized by G.S § 58-79-1, the Fire Marshal's Office shall have authority to conduct a fire origin and cause investigation of any fire occurring within the county as deemed necessary, or requested by the officer in charge of the scene.
(B) The Fire Marshal shall manage the day to day operations of Squad 81, using the direction of the County Manager and Emergency Services Director.
(C) The Fire Marshal's Office shall have the following inspection authority:
(1) Pursuant to G.S. § 58-79-20, Fire Marshal personnel may enter any building, structure, marine vessel, vehicle or premises (with exception of one and two family dwellings) within the jurisdiction of this chapter for the purpose of examination. Should the representative find in any building or upon any premises overcrowding in violation of occupancy limits established pursuant to the North Carolina State Building Code, combustible material or inflammable conditions dangerous to the safety of such building or premises the representative shall order the same to be removed or remedied. The owner or occupant of the building or premises shall comply with the order as soon as feasible.
(2) The Fire Marshal's Office representative or any fire chief or their authorized representatives of fire departments serving fire protection districts shall have the right to enter any building or premises without permission or warrant in the event of any emergency situation constituting a threat to human life, property or the public safety, for the purpose of eliminating, controlling or abating the dangerous condition or situation. Any person who wrongfully and intentionally denies the representative of the Fire Marshal's Office emergency entrance or access to a building, facility or premises while performing official duties shall be in violation of this chapter.
(D) The Fire Marshal's Office and/or County Development Services are the only entities to make inspections of buildings, institutions, facilities and premises required to be inspected by the North Carolina State Building Code: Fire Code and G.S. § 115C-525(b).
(E) Frequency rates for inspections of occupancies as mandated by the North Carolina General Statutes shall supersede any schedule set out in this chapter. Nothing in this section shall prevent the Fire Marshal's Office and/or County Development Services from conducting more frequent inspections.
(F) Requests for fire alarm testing for government buildings and schools shall be evaluated and approved by the Fire Marshal's Office prior to the testing.
(G) The Fire Marshal's Office shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system within new and existing structures, as required by the North Carolina State Building Code and/or the North Carolina State Building Code: Fire Code. The document shall contain, but not be limited to, minimum signal strength, the various frequencies required, the location of radio sites, effective radiated power of radio sites, amplification and/or signal booster systems, standby power, and/or battery needs and other supporting technical information. Before installation by the owner, all items shall be discussed for approval and then tested prior to implementation by the Fire Marshal's Office. The Fire Marshal's Office shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage.
(H) The Fire Marshal's Office and/or County Development Services shall require and evaluate applications and issue any permits it deems advisable for those conditions as prescribed in the North Carolina State Building Code: Fire Code and this chapter. The Fire Marshal's Office and/or County Development Services may refuse or deny the issuance of a permit if all of the conditions of this chapter or other policies and procedures promulgated by him or her have not been met.
(1) Any person engaged in or desiring to engage in any activity which requires a permit as listed in the North Carolina State Building Code: Fire Code, shall obtain, complete, and file an application with the Fire Marshal's Office and/or County Development Services. Failure to obtain, complete, and file an application shall constitute a violation of this chapter. The Fire Marshal's Office and/or County Development Services is authorized to refuse, deny or revoke any permit sought or granted for non-compliance or violation of this chapter or the technical codes adopted in this chapter by reference.
(2) No person shall maintain, store or handle materials or conduct processes which produce conditions hazardous to life or property or install equipment used in connection with such activities without filing an application and obtaining a permit as required by the Fire Marshal's Office and/or County Development Services and prescribed in the North Carolina State Building Code: Fire Code and this chapter.
(3) Permits shall be renewed on or before the expiration date indicated on the permit. The Fire Marshal's Office and/or County Development Services may require the completion and filing of a new application and inspection.
(4) An owner may appeal any refusal, denial, or revocation of a permit to the North Carolina Commissioner of Insurance, pursuant to G.S. § 153A-374.
(I) The Fire Marshal's Office and/or County Development Services may charge and collect such fees, and civil penalties as the Board of County Commissioners may authorize and adopt as a part of this chapter. The Fire Marshal's Office and/or County Development Services may also charge and bill users of services, any user fees instituted, and adopted by the Board of County Commissioners. The specific kind of fees and the amount thereof shall be fixed in an annual schedule of fire prevention fees approved by the Board of County Commissioners in coordination with the annual budget ordinance.
(J) The Fire Marshal's Office and/or County Development Services shall have the authority to require the designation of fire lanes and to require owners or occupants to erect all signs necessary to designate an area a fire lane.
(K) Removal of obstructions and illegally parked vehicles.
(1) The Fire Marshal's Office shall have the authority to remove any vehicle found obstructing any fire station, fire hydrant, fire protection equipment, or designated and marked fire lane. Any cost associated with such removal shall be assessed against the owner of the removed vehicle. The owner of such vehicle shall pay all reasonable costs incidental to the removal and storage of the vehicle due for the violation of prohibited parking before regaining possession of the vehicle.
(2) The Fire Marshal's Office, and/or responding officer of the fire district shall have the authority to remove any vegetation, fencing, or any other objects found to be obstructing fire hydrants.
(L) Enforcement.
(1) The Fire, Rescue, and Protection Code of Davie County shall be enforced by the Davie Fire Marshal's Office and/or County Development Services or as otherwise provided herein.
(2) In enforcing this chapter, the Fire Marshal's Office and/or County Development Services is authorized to issue notices of violation, corrective or abatement orders, stop-work orders, civil citations, and civil penalties, to cause seek the issuance of criminal summons for misdemeanors, to contact the law enforcement agency with jurisdiction to investigate felony crimes, and to seek injunctive relief from the courts. The Fire Marshal's Office and/or County Development Services shall have the authority to summarily abate any condition that is in violation of any provision of this chapter or the North Carolina State Building Code: Fire Code if it presents an immediate fire hazard to life or property.
(3) Any cost associated with the enforcement of divisions (1) and (2) above shall be the responsibility of the owner of the property involved, and such cost shall be assessed against the property owner and shall be a lien against the said property until paid in full by the owner.
(Ord. passed 5-3-2021)