(A) Penalties.
(1) Any person who violates or fails to comply with any provision of the International Fire Prevention Code, N. C. Amendments, as adopted, amended, or augmented, or who shall violate or fail to comply with any order made in connection with the Fire Prevention Code, or who shall build in violation of any specifications or plans submitted under the International Fire Prevention Code, N. C. Amendments, or any certificate or permit issued thereunder, shall be guilty of a Class 1 misdemeanor.
(2) The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such violations shall be corrected within the time specified.
(3) Violations of this code shall constitute either a Class 1 misdemeanor or, at the election of the town, shall subject the offender to a civil penalty upon the issuance of a citation for the violations.
(4) In addition to the civil penalties, any provision of the code that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order abatement by the general court of justice. When a violation of such provision occurs, the town may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and/or order of abatement commanding the owner or possessor of the property to correct the unlawful condition or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings including the Rules of Civil Procedure.
(5) An order of abatement may direct that the buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from any building on the property; that abandoned or junked vehicles be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the International Fire Prevention Code, N. C. Amendments. If the owner or possessor fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and material man's lien. The owner or possessor may secure cancellation of an order of abatement by paying all cost of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties to the Clerk of Superior Court in an amount approved the by judge before whom the matter is heard and shall be conditioned on the owner or possessor full compliance with the terms of the order of abatement within a time fixed by judicial order. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
(B) Enforcement and duties.
(1) The International Fire Prevention Code, N.C. Amendments, shall be enforced by the Fire Department Fire Prevention Bureau or by such other organization designated to undertake such activities or by contract executed and entered into with other appropriate fire prevention organizations.
(2) Fire Inspectors will be appointed as required to enforce the code and to perform required inspections. Fire Inspectors will report to their supervisors in the Fire Department Fire Prevention Bureau. Assignment of specific areas of responsibility shall be made by the Fire Chief.
(C) Periodic inspections. In order to preserve and protect public health and safety, and to satisfy the requirements of G.S. § 153-364 and G.S. § 160A-124, and assuming inspection duties, as set out in G.S. § 153A-351 and G.S. § 160-411, a fire inspection schedule is hereby established as provided below.
(D) Same – fees.
(1) There will be no charge for required fire inspections however; there will be a charge for re-inspections for serious violations and for requested inspections more frequently than required.
(2) The schedule for fire inspection fees as set from time to time by the Town Council shall be kept current and maintained in the office of the Town Clerk.
(3) Subject to the limitations and conditions stated in the International Fire Prevention Code, N. C. Amendments, it shall be the duty of to the Fire Department Fire Prevention Bureau to inspect all buildings, structures, and premises within this jurisdiction for the purposes of ascertaining and causing to be corrected any condition which may cause a fire or an explosion or endanger life from fire or explosion. The Inspector shall determine any violations of the provisions of the code or any other ordinances pertaining to fire or explosion hazards. These inspections and determinations will be done in accordance with the periodic inspection schedule for occupancies as approved by the State Building Code Council or upon complaint by interested parties or if there is probable cause for such inspections.
(4) Fire inspections shall be conducted in accordance with the following schedule or more frequently:
(a) Group 1. Annual inspections shall be conducted in the following: hospitals, nursing
homes, chemical plants, movie theaters, auditoriums, high rise buildings, businesses storing hazardous materials, gymnasiums, restaurants, stadiums with capacities of 100 or more persons and interior common areas of multi-occupant residential structures.
(b) Group 2. Biennial inspections shall be conducted in industries and educational buildings other than public schools.
(c) Group 3. Triennial inspection shall be conducted at all other businesses. Example: offices, banks, barber shops, bowling alleys, florists, retail stores, churches and synagogues.
(d) Group 4. Public schools shall be inspected at least two times per year.
(E) Issuance of notice of violation by Fire Inspectors.
(1) Fire Inspectors are empowered to issue notices of violations when such Fire Inspectors have reasonable cause to believe that any person has violated any provision of the International Fire Prevention Code, N. C. Amendments.
(2) The service of orders or notices for the correction of violations of the code shall be made upon the owner, occupant or other person responsible for the conditions, either by personally delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises or by sending a copy of the order or notices by certified or registered mail to the owner's last known address.
(3) When buildings or their premises are occupied by one other than the owner under a lease or agreement, the orders or notices issued to correct violations of the code shall apply to the occupant thereof; provided that where the order or notices require the making of additions to or changes in the premises themselves which may become part of the real property of the owner, then in such cases, the orders or notice shall also be issued to the owner, as well as the occupant.
(4) The notice of violation shall specify the penalty to be imposed on the violator and shall direct the violator to submit the penalty payment to the Fire Department administrative assistant within 15 business days to pay the penalty. The penalty imposed shall be $100 for violations of the Fire Prevention Code. However, violations of "Exit Obstruction" shall be deemed "Life Safety" violations which shall subject the offender to a penalty of $250 and "Open Burning" violations shall be subject to a penalty of $100.
(5) The notice of violation may specify a period during which the violator must correct the violation. If the violation is not corrected within the specified time, the violator shall be guilty of a new and separate offense.
(6) If the violator does not pay the penalty within 15 business days after the issuance of the notice of violation, a delinquency charge of $10 shall be added to the amount specified in the notice of violation and notice of the delinquency charge shall be mailed to the violator. The delinquency notice shall also inform the violator that a criminal summons will be issued against him or her if the specified penalty and the delinquency charge are not paid within five business days after the date of the delinquency notice.
(7) If the penalty and delinquency charges are not paid within the time allowed, the Chief of the Fire Department Fire Prevention Bureau may have a criminal summons issued against the violator of the International Fire Prevention Code, N. C. Amendments. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the State Building Code, to the penalty specified in the notice of violation and the delinquency charge.
(F) Permits.
(1) It shall be the duty of the Fire Department Fire Prevention Bureau Fire to evaluate applications and issue, if approved, all permits as prescribed in International Fire Prevention Code, N. C. Amendments.
(2) No person shall maintain, store or handle materials or conduct processes which product conditions hazardous to life or property or install equipment used in connection with such activities without a permit as required by the International Fire Prevention Code, N. C. Amendments. Before a permit may be issued, the Chief of the Fire Department Fire Prevention Bureau or his or her representative shall inspect and approve the receptacles, vehicles, buildings, structures, storage areas, devices, processes or conditions related to the permit.
(3) Applications for permits required pursuant to International Fire Prevention Code, N. C. Amendments shall be made to the Fire Department Fire Prevention Bureau on forms provided by the Fire Department. All applications shall be accompanied by the applicable permit fee as established by the town. All applications shall be accompanied by the applicable permit fee schedule. Printed schedules of the permit fees shall be available to the public at the Fire Department Administrative Office or Fire Department Fire Prevention Bureau, and shall be on file at Town Hall.
(4) The Chief of the Fire Department Fire Prevention Bureau is authorized to waive the permit fee for governmental, religious or charitable organizations.
(G) Permit fees. The schedule of fire prevention permit fees is not printed in this subchapter but is on file and available in the Fire Department administrative office and Fire Department Fire Prevention Bureau and shall be effective upon adoption by the Town Council.
(H) Administrative procedures.
(1) Fire Code violations. Fire Code violations shall be handled as follows:
(a) If a Fire Official writes a citation (two-part form), the yellow copy is given to the violator and the white copy is filed with the Fire Department administrative assistant.
(b) The violator will make payment to the Fire Department administrative assistant. The administrative assistant will process the payment and forward the collected fees to Town Hall.
(c) The Fire Department administrative assistant will match the copy of the citation sent to the violator with the copy on file. If a payment is delinquent, the Chief of the Fire Department Fire Prevention Bureau will be notified for code enforcement.
(d) The Fire Department administrative assistant shall serve as the process agent for all fees and/or fines to be collected by the Fire Department. Once received, the administrative assistant will process the payment and forward the collected fees to the Town Hall.
(e) The Chief of the Fire Department Fire Prevention Bureau pursues payment, assigns late fees, issues additional citations, or initiates prosecution.
(f) Copies of invoices should be sent to the Finance office for record keeping purposes.
(2) Permits. Permit requests shall be handled as follows:
(a) The Fire Department administrative assistant receives permits requests and permit payments.
(b) Application and payment are reviewed to ensure that the application is complete and correct payment has been received.
(c) A ledger entry will contain date, type of permit, address of applicant, check number and amount of check.
(d) The permit application is processed by the permit type, any violations are reviewed, and the date of last inspection noted.
(e) The permit is issued and a copy filed.
(Ord. passed 10-13-08)
Cross-reference:
Investigation of fires and inspection of premises, see G.S. § 58-79-1 et seq.