(A) Adoption. Except as hereinafter amended, the Fire Prevention Code, current edition, adopted by the North Carolina Building Code Council, is hereby adopted and made applicable as the Fire Prevention Code of the Town of Duck. A copy of the Fire Prevention Code shall be maintained in the office of the Fire Department and town administrative offices. The specific provisions of the Fire Prevention Code are hereby incorporated into this section as fully as if set out herein verbatim.
(1) The listed standards and publications which comprise a part of the Fire Prevention Code, as periodically revised and updated, shall be applicable and enforced within the town.
(2) Amendments to the Fire Prevention Code, which are adopted and published by the North Carolina Building Code Council, shall be effective on the date prescribed by the North Carolina Building Code Council.
(3) The North Carolina Building Code volume entitled Administration and Enforcement Requirements is hereby referenced for the administration of the Fire Prevention Code, current edition, for periodic inspection of any building altered, repaired or rehabilitated in accordance with the existing building code.
(4) The adoption of the Fire Prevention Code, current edition, includes adoption of any appendices contained therein.
(B) Applicability. The provisions of the Fire Prevention Code shall apply to all buildings, structures, premises, and conditions that pose danger of fires, explosions, or related hazards within the town. The provisions of this code shall apply equally to existing as well as new buildings, structures, premises, and conditions except that existing buildings, structures, premises, and conditions which complied with the minimum safety standards of the code in effect at the time of construction or installation and have been properly maintained shall be deemed as complying with this code. Only those violations to the technical provisions of the code which create an imminent safety to life hazard and/or may create delays in the exiting of the building’s occupants are required to be corrected. When the present building code requires certain safety to life requirements for existing buildings, those requirements shall apply.
(C) Enforcement. The code official, as authorized by the town, shall be the officer charged with the administration and enforcement of the Fire Prevention Code. All persons empowered with the administration and enforcement of the Fire Prevention Code shall possess an appropriate valid certificate issued by the state code officials qualification board.
(D) Fire inspections.
(1) Inspection of premises. The code official has the right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises with occupancies as authorized in the Fire Prevention Code.
(a) When the code official shall find in any building or upon any premise combustible material or conditions dangerous to the safety of such buildings and premises, the code official shall order the same to be removed or remedied, and this order shall be complied with by the owner or occupant of such buildings or premises.
(b) Any application for, or acceptance of, any permit requested or issued pursuant to this fire code constitutes agreement and consent by the person making the application and accepting the permit to allow the code official to enter the premises at any reasonable time to conduct such inspections.
(2) Warrants for inspections. Warrants to carry out inspections shall be obtained, issued and carried out as specified in G.S. § 15-27.2.
(3) Schedule for inspections. The code official will conduct periodic inspections of all structures which may pose danger of fire, explosion, or related hazards. Such inspections will be composed of, but not limited to, prevention, detection, evacuation, fire containment and extinguishing systems. Inspections will be conducted at a minimum as outlined in Section 106 of the Fire Prevention Code.
(4) Exception. One-and two-family dwellings are not subject to the inspection requirements under § 96.03(D).
(E) Fire investigations. The code official is authorized to investigate the cause, origin and circumstances of every fire occurring in the town in which property has been destroyed or damaged and shall specifically make investigation whether the fire was the result of carelessness or design. The code official shall comply with the procedures of investigating and reporting fires as detailed in the General Statutes and may request assistance from other code officials or investigators as deemed necessary.
(F) Abatement. The code official shall have the authority to summarily abate any condition that is in violation of any provision of this code and that presents immediate fire hazard to life or property.
(G) Appeals. Unless otherwise provided by law, appeals from any order, decision or determination by a member of the inspection department pertaining to the North Carolina State Building Code or the Fire Prevention Code or other state building laws shall be taken to the commissioner of insurance or his or her designee or other official specified in G.S. § 143-139, by filing a written notice with the commissioner of insurance and the inspections department within ten days after the order, decision or determination. Further appeals may be taken to the N.C. Building Code Council or the courts as provided by law (G.S. § 160A-434). A copy of the appeal shall be furnished to each party.
(Ord. 20-04, passed 7-1-2020) Penalty, see § 96.99