(A) Failure to comply with the provisions of this chapter shall constitute a misdemeanor under G.S. § 160A-I75 and G.S. § 14-4. Additionally, or in the alternative, the Fire Chief or their designee may enforce the provision of this chapter in civil court and seek any and all appropriate remedies authorized by G.S. § 160A-175, subject to the restrictions of this section. Each day’s continuing violation shall constitute a separate and distinct offense.
(B) Compliance with the Fire Chief’s notice of violation and order to correct.
(1) Immediate action orders. The Fire Chief or their designee may issue immediate correction orders for violations of the North Carolina Fire Prevention Code that constitute an imminent hazard to life and property. Failure to correct such violation within 72 hours shall result in imposition of a civil penalty in the amount specified by the fee schedule approved by the town, per day, per violation, until the violation has been completely corrected. Should the violation go uncorrected after 72 hours, a civil complaint for collection of unpaid fees and penalties owed under this chapter may be initiated and other legal proceedings including criminal prosecution may be initiated. Repeated violations may subject a violator to higher civil penalties as set forth in the fee schedule adopted by the town.
(2) Imminent hazards to life and property. Those violations determined to be imminent hazards to life and property include but are not limited to the following:
(a) Violations of the means of egress requirements imposed by the North Carolina Fire Prevention Code;
(b) Overcrowding in violation of occupancy limits established pursuant to the North Carolina Building Code and required under the North Carolina Fire Prevention Code;
(c) Occupancy of a structure or premises without a certificate of occupancy;
(d) Ongoing construction or operations without applicable permits;
(e) Dangerous storage or unlawful amounts of combustible, flammable, explosive, or otherwise hazardous materials;
(f) Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, flammable, explosive, or otherwise hazardous materials;
(g) Dangerous accumulations of rubbish, waste paper, boxes, shavings, or other highly combustible materials;
(h) Accumulations of dust or waste material in air conditioning or ventilation systems, or of grease in kitchen or other exhaust ducts, or inadequate clearances to unprotected combustible materials from hoods, grease extractors, and ducts; and
(i) Obstructions that may interfere with Fire Department operations.
(3) Other correction orders. All other correction orders issued under this section for violations that do not constitute imminent hazards shall be corrected within 30 days. Failure to correct such violation within 30 days shall result in imposition of a civil penalty in the amount specified by the fee schedule approved by the town, per day, per violation, until the violation has been completely corrected. Should the violation go uncorrected after 24 hours, a civil complaint for collection of unpaid fees and penalties owed under this chapter may be initiated and other legal proceedings including criminal prosecution may be initiated. Repeated violations may subject a violator to higher civil penalties as set forth in the fee schedule adopted by the town.
(Ord. 2015-12-0426, passed 12-14-2015)