CHAPTER 93: FIRE PREVENTION
Section
   93.01   Intent
   93.02   Adoption
   93.03   Administration and enforcement
   93.04   Inspectors and duties
   93.05   Permits
   93.06   Establishment of fire limit districts
   93.07   Open burning
   93.08   Appendices
   93.09   Modifications
   93.10   Fee schedule
   93.11   Additional requirements
Cross-reference:
   Offenses related to fire, see Chapter 132 of this code of ordinances
§ 93.01 INTENT.
   It is the intent of this chapter to prescribe regulations consistent with nationally recognized standards of good practice for the safeguards of lives and properties within the incorporated limits of the town from the hazards of fire, explosion, and use or release of hazardous materials. This chapter shall not be construed to hold the town or those charged with the enforcement of this chapter, responsible for any damages to persons or properties because of herein authorized inspection or the failure to inspect or the permits issued or denied or by the approval or disapproval of equipment.
(Ord. O-97-10, passed 1-12-1998; Ord. O-05-03, passed 4-11-2005)
§ 93.02 ADOPTION.
   The Fire Prevention Ordinance for the town shall be the current "North Carolina State Building Codes, (i.e. Fire Prevention)," including all chapters and sections, and as it may be amended from time to time and from this point on shall be called the “Fletcher Fire Prevention Ordinance." A copy of the Fletcher Fire Prevention Ordinance shall be kept, updated, and on file at the Town Hall.
(Ord. O-97-10, passed 1-12-1998; Ord. O-05-03, passed 4-11-2005)
§ 93.03 ADMINISTRATION AND ENFORCEMENT.
   The Fletcher Fire Prevention Ordinance shall be administered and enforced in accordance with all applicable provisions of the current "North Carolina State Building Code, Administration and Enforcement." Violations of the Fletcher Fire Prevention Ordinance may be enforced and penalized by any means authorized by North Carolina General Statutes and the current "North Carolina State Building Code."
(Ord. O-97-10, passed 1-12-1998; Ord. O-05-03, passed 4-11-2005)
 § 93.04 INSPECTORS AND DUTIES.
   (A)   Inspectors and duties. A schedule of fire prevention inspections shall exceed the minimum requirements and provisions of the current "North Carolina Fire Prevention Code." Frequency of inspections shall be established and may be amended from time to time. Fire Marshal(s), Code Enforcement Officer(s), and Fire Inspector(s) shall be appointed by the Town Manager to enforce the Fire Prevention Ordinance and conduct these inspections. These appointments shall continue during good behavior and satisfactory service, and they shall not be removed from office without cause. Inspections personnel shall be certified by the North Carolina Code Officials Qualification Board and duly sworn or affirmed according to North Carolina State Law. Personnel authorized to enforce the Fire Prevention Ordinance shall have the right to enter any premises, without a warrant, in the event of an emergency situation constituting an immediate threat to human life or property or the public safety. Fire Marshal(s), Code Enforcement Officer(s), and Fire Inspector(s), in conjunction with the Chief of the fire district, shall investigate or cause to be investigated, the origin, cause, and circumstances of fire occurring in the town. Assistance may be obtained from any agency necessary. Such investigation shall begin as soon as possible after the occurrence of the fire. The Fletcher Police Department, Fletcher Fire & Rescue Inc. or Mills River Fire & Rescue, Inc., and the Henderson County Fire Marshal's Office shall be promptly advised of any incident to be found involving arson, incendiarism, or other illegal activity. All rights to privacy will be observed.
   (B)   Fire inspection schedule. All buildings regulated by the N.C. State Fire Code shall be required to be inspected on an annual basis. The Fire Marshal (or designee) shall conduct additional inspections as deemed necessary, but not less frequently than required by the N.C. Fire Prevention Code, and when possible, town ordinance.
(Ord. O-97-10, passed 1-12-1998; Ord. O-05-03, passed 4-11-2005)
§ 93.05 PERMITS.
   Permits shall be required for all activities prescribed in the current "North Carolina Fire Prevention Code." Permit applications shall be reviewed by Fire Marshal(s), Inspector(s), or Code Enforcement Officer(s) and if conditions allow shall be approved.
(Ord. O-97-10, passed 1-12-1998; Ord. O-05-03, passed 4-11-2005)
§ 93.06 ESTABLISHMENT OF FIRE LIMIT DISTRICTS.
   (A)   In accordance with N.C.G.S. 160A-435, the town shall hereby establish a primary fire limit district. This shall include the principal business portions of the town designated as the C-1 and CBD zoning districts.
   (B)   In accordance with N.C.G.S. 160A-436, and the requirements of the current International Building Code (Appendix D), within the primary fire limits of the town, no frame or wooden building or structure or addition thereto shall hereafter be erected, altered, repaired, or moved (either into the limits or from one place to another within the limits), except upon the permit of the local inspection department approved by the Town Council and by the Commissioner of Insurance or his or her designee. The Town Council may make additional regulations for the prevention, extinguishment, or mitigation of fires within the primary fire limits.
( Ord. O-05-03, passed 4-11-2005)
§ 93.07 OPEN BURNING.
   (A)   This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the town by regulating the air pollution and fire hazards of open burning and outdoor burning.
   (B)   This section applies to all outdoor burning and open burning within the town.
      (1)   This section does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
      (2)   This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
      (3)   This section does not apply to the use of propane, acetylene, natural gas, gasoline, kerosene, or similar fuel in a device intended for heating, construction or maintenance activities.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CAMPFIRE. A small outdoor fire intended for recreation or cooking, but not including a fire intended for disposal of waste wood or refuse pressure-treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
      CONSTRUCTION and DEMOLITION WASTE. Building waste materials; including but not limited to, waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair and demolition operations on a house, commercial or industrial building, or other structure.
      FIRE CHIEF. The Chief of Fletcher Fire and Rescue or other person designated by the FIRE CHIEF.
      MUNICIPALITY. A county, township, city or village.
      OPEN BURNING. Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney. This includes burning in a burn barrel.
      OUTDOOR BURNING. Open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
      OUTDOOR WOOD-FIRED BOILER. A wood fired-boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
      PATIO WOOD-BURNING UNIT. A chiminea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
      REFUSE. Any waste material except trees, logs, brush, stumps, leaves, grass clippings and other vegetative matter.
   (D)   General prohibition on outdoor burning and open burning. Open burning and outdoor burning are prohibited in the town unless the burning is specifically permitted by this section.
   (E)   Open burning of refuse. Open burning of refuse is prohibited.
   (F)   Burning trees, logs, brush stumps, leaves and grass clippings. Open burning of trees, log stumps, leaves and grass clippings is prohibited.
   (G)   Campfires. Campfires shall not be permitted in the town unless the campfire is located at least 25 feet from any structure and 25 feet from any property line. The campfire shall be no larger than four square feet and shall be surrounded by bricks at least two tiers high.
   (H)   Fire suppression training. Notwithstanding divisions (D) and (E) of this section, structures and other materials may be burned for fire suppression training only in accordance with the following provisions:
      (1)   The burn must be exclusively for fire suppression training. The burning shall not be used as a means to dispose of waste material including tires and other hazardous materials.
      (2)   Any standing structure that will be used in fire suppression training must be inspected by a licensed asbestos inspector. Notification of this inspection must be submitted to the North Carolina Department of Environmental Quality Air Division, at least ten business days prior to burning a standing structure. The notification must be submitted using Form EQP 5661, "Notification of Intent to Renovate/Demolish".
      (3)   All asbestos must be removed prior to conducting the fire suppression training. If the structure is a residential dwelling the owner may remove the asbestos or have it removed by a licensed abatement contractor. If it is a commercial building all asbestos must be removed by a licensed abatement contractor.
      (4)   (a)   All ash shall be disposed of in an approved landfill or an alternate location approved by the North Carolina Department of Environmental Quality.
         (b)   The following additional provisions are optional when burning for fire suppression training purposes:
            1.   Asphalt shingles and asphalt siding or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.
            2.    At least 48 hours before a planned practice burn, residents within 1,000 feet of the site of the proposed burn shall be notified.
            3.   All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403)
   (I)   Liability. A person utilizing or maintaining an outdoor fire in violation of this section shall be responsible for all suppression costs caused by the violation.
   (J)   Burning permit application. Burning permits are issued by the NC Forestry Service are not associated with the Town of Fletcher or Fletcher Fire and Rescue. The permits are not allowed in the town limits of Fletcher and only allowed in unincorporated areas of the county.
(Ord. O-97-10, passed 1-12-1998; Ord. O-05-03, passed 4-11-2005; Ord. O-19-11, passed 10-14-2019)
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