(A) Violations. Violations of the North Carolina State Building Code: Fire Code, local ordinances, state laws, and/or other regulatory documents shall be remedied as prescribed in this subchapter.
(B) Enforcement of codes and remedies for violations.
(1) Notice of violation. When the Davie Fire Marshal's Office finds a building, premises, vehicle, storage facility, or outdoor area that is in violation of this code, the Fire Marshal's Office is authorized to prepare a digital report of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for re-inspection.
(2) Service of notice. A notice may be served by certified mail, return receipt requested, by email or in person by a representative of the Fire Marshal's Office, upon the owner, occupant, or an agent or employee or person of some responsibility upon the premises. However, the failure to deliver a notice to the owner, if other than the occupant, shall not invalidate or nullify the legal force and effect of any such notice or citation.
(3) Correction of violations and penalties for non-correction.
(a) Initial inspection. When the Fire Marshal's Office finds a building, premises, vehicle, storage facility, or outdoor area that is in violation of this code, the Fire Marshal's Office is authorized to prepare a digital report of violation describing the conditions deemed noncompliant and, when compliance is not immediate, the responsible party shall be given at least 30 days prior to the first follow up inspection.
(b) First compliance inspection. Upon the first compliance inspection, a civil penalty shall be assessed for each violation not corrected from the initial inspection. The responsible party shall be given at least 15 days prior to the second compliance inspection.
(c) Second compliance inspection. Upon the second compliance inspection, a civil penalty shall be assessed for each violation not corrected. The responsible party shall be given at least seven days prior to any subsequent follow up inspection.
(d) Third compliance inspection. Upon the third compliance inspection, a civil penalty, as set forth in the Fees, Cost, and Penalties Schedule, shall be assessed for each day, each violation is not corrected. The responsible party shall be given at least seven days prior to any subsequent follow up inspection.
(e) Subsequent inspections. If, after any additional inspections, the violation has not been corrected, the county reserves the right to correct the violation and assess the cost of said correction to the property owner. The property owner shall have 30 days in which time to pay the assessment. In the event the property owner fails to pay said assessment, the county has the right to bring an action in civil court to enforce the assessment. Nothing contained herein shall invalidate the rights of the State of North Carolina from any criminal action for any violation.
(f) Approved plan of action. At any time during the inspection process the representative from the Fire Marshal's Office shall have the authority to require the responsible party to submit a plan of action for violation correction in lieu of civil penalties.
(4) Imminent fire hazard. If a violation constitutes an imminent fire or life safety hazard, the Fire Marshal's Office, or fire department official in charge of the incident, shall serve a "Notice to Abate" the imminent fire or life safety hazards on the owner or occupant, operator, or another responsible party of the property where the imminent hazard is discovered. The owner, occupant, operator, or other person responsible for such hazard, in addition to immediately abating the hazard, a civil penalty may be accessed as set forth in the Fees, Cost, and Penalties Schedule.
(5) Summary abatement. Where conditions exist that are deemed hazardous to life and property, the Fire Marshal's Office or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of the North Carolina State Building Code: Fire Code. Any cost associated with said summary abatement shall be borne by the property owner. The property owner shall have 30 days in which time to pay the cost of the abatement. In the event the property owner fails to pay said cost, the county has the right to bring an action in civil court to collect said cost. Nothing contained herein shall invalidate the rights of the State of North Carolina from any criminal action for any violation.
(6) Fire hazard as public nuisance. The maintenance of conditions which constitute a fire hazard may be declared by the Fire Marshal's Office to be a public nuisance and may be summarily abated as directed by the Fire Marshal's Office, County Development Services, the fire officer in charge, or law enforcement officer. Civil penalties, as set forth in the Fees, Cost, and Penalties Schedule, shall be assessed by the Fire Marshal's Office upon discovery.
(7) Maintaining a fire hazard. No person shall knowingly maintain a fire hazard. Violations recurring inside of the inspection cycle are subject to a civil penalty as set forth in the Fees, Cost, and Penalties Schedule.
(8) Installation, modification, or operation of a Group H (high hazard) occupancy without a permit. If any Group H occupancy is found to be installed, modified, or operated, without a permit, a civil penalty as set forth in the fees, cost and penalties schedule shall be assessed.
(9) Installation or modification of a fire protection system, in a commercial structure, without a permit. If a fire protection system is found to be installed or modified without being permitted, a civil penalty as set forth in the Fees, Cost, and Penalties Schedule shall be assessed. Fire protection systems shall include but are not limited to, suppression, detection, or notification systems.
(Ord. passed 5-3-2021; Ord. passed 2-5-2024)