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PERMIT TYPES
(A) Permits. Permits shall be in accordance with § 105 of the NCFC and this chapter.
(B) Permits required. Permits required by this code and this chapter shall be obtained from the Fire Marshal’s office. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times, and shall be readily available for inspection by the Fire Official.
(C) Types of permits. There shall be three types of permits as follows:
(1) Operational permit. A permit that allows the applicant to conduct an operation or a business for which a permit is required by § 105.6 of the NCFC and this chapter for either:
(a) A prescribed period; or
(b) Until renewed or revoked.
(2) Construction permit. A permit that allows the applicant to install or modify systems and equipment for which a permit is required by § 105.6 of the NCFC and this chapter; and
(3) Special use permits. Special use permits are for and/or allow special tests, inspections, certain applications, operations, assemblies, to maintain, store, or handle certain materials, special events, and services for which a permit is required by § 105.6 of the NCFC and this chapter.
(D) Permits for the same location. When more than one permit is required for the same location, the Fire Official is authorized to consolidate the permits into a single permit, provided that each provision is listed in that permit.
(E) Tents. Tents used at funerals are exempt from all fees and do not require any permits.
(Ord. passed - -; Ord. passed 11-6-2023) Penalty, see § 95.999
(A) Permit required. A permit will be required to be obtained from the Fire Marshal’s office for the removal or installation of new or existing aboveground or belowground storage tanks used for flammable, combustible liquids or hazardous materials.
(B) Permit issuance and fee. The permit fee will be based on the service and permit fee schedule. Once the plans are approved, then a permit will be issued to the contractor. Once the permit fee is paid, then a copy of the permit, along with the approved plans, will be returned to the contractor.
(C) New installations; application and plans required. Plans and a permit application shall be submitted to the Fire Marshal’s office for approval prior to issuance of the permit. A permit shall be obtained for the installation of stationary tanks for the storage of flammable and combustible liquids or hazardous materials. Plans shall be submitted with each permit application. The plans shall include the method of storage and dispensing, quantities and types of liquids to be stored, distances from tanks and dispensers to property lines, buildings, and rights-of-way, vehicle access, fire appliances, collision barriers, design and construction of tanks and tank supports, seismic design of tank supports, secondary containment, tank venting and vapor recovery provisions, emergency controls, and any additional information required by the Fire Official.
(D) Inter-departmental approval. It will be the responsibility of the contractor to obtain approval from the Planning and Inspection Department, if required by it, including, but not limited to, any electrical, building, plumbing, or mechanical permits, or any zoning approval and compliance. These approvals shall be required prior to any issuance of the tank permit.
(E) Inspections required. It will be the responsibility of the contractor to contact the Fire Marshal’s office at least 48 hours in advance to schedule an inspection.
(1) An inspection will be required on all rough-in wiring or piping prior to any concealment.
(2) Testing tank pressure and inspecting tanks (all underground tanks will require an inspection prior to and after installation into the excavated burial area).
(3) A final inspection will be conducted once the entire system is completed and ready for operation.
(4) A check of all devices will be required.
(5) The contractor shall conduct any tests deemed necessary by the Fire Official to determine the system operation capabilities.
(6) It will be the responsibility of the contractor to have the necessary personnel present to conduct the test.
(F) Materials test and certification. Once a system has been deemed approved by the Fire Marshal’s office, the contractor will be responsible for issuing a materials test and certification letter to the Fire Marshal’s office. This letter shall state that the system has been installed in accordance with the appropriate NFPA standards, state building codes, along with State Amendments to the State Building Code. The letter shall state that the system has been tested, all materials used are approved for their use, the system is in full operation and meets or exceeds the appropriate NFPA standards and state building codes. A letter shall be submitted for any new system, for any renovation work, or when a permit has been issued.
(G) Inspection report and finalization. An inspection report will be completed after each inspection has been conducted on the storage tank installation. A copy will be left with the contractor, with the remaining copies of the inspection report filed at the Fire Marshal’s office. Once all the necessary requirements have been met for the storage tank system, the inspector may then consider the permit complete and final, and may note as such on the permit. No permit may be considered final until all requirements, including receipt of the permit fee, are completed.
(H) State registration. All tanks installed underground shall be registered with the State Department of Environmental, Health, and Natural Resources, Division of Environmental Management, Ground Water Section. A copy of the registration shall be submitted to the Fire Marshal’s office prior to the final inspection.
(I) Abandonment and removal. All storage tanks shall be abandoned or removed in accordance with the NCFC. A letter of certification of abandonment or removal shall be submitted to the Fire Marshal’s office, along with a copy of the soil testing and analysis. This information shall be submitted prior to final approval by the Fire Marshal’s office.
(Ord. passed - -; Ord. passed 11-6-2023)
(A) Generally. Permits are required for the burning of leaves, tree branches, or yard trimmings originating on the premises.
(1) In accordance with the Fire Prevention Code, any outdoor open burning conducted within the county requires a permit to be issued by the one of the agencies that issues burning permits. The outdoor open burning must meet all provisions of the fire code, North Carolina Administrative Code (15A NCAC 1901 through 1907), and this chapter, prior to the issuance of any permit. No permit shall be issued for the burning of refuse in violation of any state or local air quality open burning regulations.
(2) Debris burning falling under the jurisdiction of the State Division of Forest Resources shall meet its required permit conditions. All requirements of the fire code shall be met along with any other state laws.
(3) Those provisions listed in the State Administrative Code regarding the control and prohibition of open burning shall take precedence in all cases where open burning is requested. Permits may not be issued for any outdoor burning under any of the following conditions:
(a) Open burning of rubbish or waste material;
(b) Open burning for land clearing, when the burning is located within 1,000 feet of any residential structure other than a dwelling structure located on the property on which the burning is done; and/or
(c) Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences, unless the location is not at least 50 feet from any structure and adequate provisions are made to prevent fire from spreading to within 50 feet of any structure or other property.
(B) Burning site requirements.
(1) The location of the material to be burned shall be a minimum of 50 feet from any structure located on the property of which the burning is done. If a possible hazard exists, the Fire Official may require this distance to be increased.
(2) Piles of material should be burned in a safe matter. This would also include bonfires for different events. Bonfires used for ceremonial and religious purposes (schools, civic groups, and churches) may take place after 6:00 p.m. when all regulations are met. Materials used for bonfires must also comply with the EPA regulations and the LCFPPO.
(3) An area ten-feet wide shall be cleared completely around the material to be burned.
(4) Only natural materials, such as limbs, brush, grass, leaves, or wood, may be burned. Heavy oils, asphalt materials, polar solvents, treated lumber, trash, paper or items containing natural or synthetic rubber, or any materials other than plant growth shall not be burned.
(5) A competent person shall constantly attend the fire until it is extinguished.
(6) A garden hose with suitable water supply or other fire-extinguishing equipment, as deemed acceptable by the Fire Official, shall be readily available for immediate use during the course of the fire until it is extinguished.
(C) Permit-issuance procedure.
(1) For outdoor burning, including, but is not limited to, bonfires, clearing land in certain areas, burning leaves and brush, or other burning that does not meet the State Forest Services requirements:
(a) A site inspection may be required before burning is to be done.
(b) The applicant shall verify all information and shall read all the rules and regulations on the open burning permit. The applicant will then be required to sign the permit, acknowledging the understanding and responsibility to obey these regulations.
(c) It will be the responsibility of the applicant to keep this permit available at the burn site at all times.
(2) The following types of open burning are permissible:
(a) The material burned originates on the premises of private residences, is burned on those premises, and consists of natural materials, such as limbs, brush, grass, leaves, yard trimmings, or wood;
(b) There are no public pickup services available;
(c) Non-vegetable materials, such as household garbage or other man-made materials, are not burned;
(d) The burning is started no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00 p.m. and 8:00 a.m. on the following day;
(e) The burning does not create a nuisance; and
(f) Material is not burned when the Division of Forest Resources and the County Fire Marshal office have issued a burning ban for that area.
(D) Nuisance burning.
(1) If, at any time during the burning, the smoke and/or odors create a neighborhood nuisance by causing physical irritation exacerbating a documented medical condition, visibility impairment, evidence of soot or ash on a property or structure other than the property on which the burning is done, the smoke and odors do not rise, hang close to the ground, cross a street or highway and cause a hazard, and three or more separate businesses or homes complain, the burning shall be ceased and all fires will be extinguished.
(2) If, at any time during the burning, the regulations regarding open burning are not met or are neglected in any way, the fire shall be extinguished.
(3) All open burning, including, but not limited to, brush, limbs, leaves, farm lands, fields and clearing of land, shall stop in the event of a burning ban issued by the State Forest Service, or by the County Fire Marshal’s office in conjunction with the State Forest Service.
(4) Willful neglect and/or willful violations of the Fire Prevention Code shall be subject to a civil citation. Any such action shall be brought to the Fire Marshal with proper documentation to be acted upon.
(E) Burning ban.
(1) In the event that the County Fire Marshal’s office issues a ban on outdoor burning within 100 feet of a structure, then, in accordance with state law, all open burning permits issued shall be deemed invalid, with no issuance of any new permits until the ban is lifted by the County Fire Marshal’s office. The ban may be restricted to certain areas of the county or may be enforceable countywide. During the ban, no open burning shall be conducted at all within 100 feet of a structure; this includes any outdoor burning at residences. A civil citation may be issued for violations.
(2) A burning ban on outdoor burning within 100 feet of a structure may be issued by the County Fire Marshal’s office in the event that atmospheric conditions or local circumstances make the fire hazardous. Atmospheric conditions that warrant a burning ban include, but are not limited to:
(a) Extended periods of low humidity (below 50%);
(b) High winds;
(c) Elevated temperatures; and/or
(d) Lack of substantial rainfall.
(3) Local conditions that may warrant a burning ban include, but are not limited to:
(a) Flammable and/or combustible liquid spills or leaks close to a burning site;
(b) A hazardous materials incident, where the proximity of the burn site could cause a possible ignition source or prove hazardous to operations controlling the incident; and/or
(c) The proximity of adjacent structures or other such hazards.
(4) In the event a burning ban is issued, all permit holders shall be notified by the Fire Marshal’s office, by using contact information provided, and also through the news media. The notification should state that the permit is invalid and any fires shall be extinguished immediately. In conjunction with a State Forest Service burning ban, the County Fire Marshal’s office shall issue a burning ban of all open burning within 100 feet of a structure and all fires shall be extinguished immediately. The local press shall be notified by the County Public Affairs Officer that such ban is in effect, that no permits will be issued until the ban is lifted, and that no open burning will be allowed.
(5) Any burning ban issued by the Fire Marshal’s office shall be repealed in the same manner.
(F) Extinguishing illegal fires, nuisance burning, fires when burning bans are in effect, and all other fires that fall under this chapter, the NCBC, and state regulations.
(1) The responding Fire Department has the authority to extinguish any fires that do not meet this chapter, the NCBC, or state regulations, including, but are not limited to, illegal fires, nuisance burning, and fires when burning bans are in effect.
(2) The Fire Marshal’s office, or its authorized representative, has the authority to extinguish any fires that do not meet this chapter, the NCBC, and any state regulations, including, but are not limited to, illegal fires, nuisance burning, and fires when burning bans are in effect. Any citations that fall under this chapter will be issued by the Fire Marshal’s office or its authorized representative.
(3) The Fire Marshal’s office, or its authorized representative, does not have to be present to extinguish the fire(s). If the owner or person(s) burning refuse to let the Fire Department extinguish the fire(s), then the Fire Department can have the Fire Marshal’s office contacted (either directly or through the Communications Center), and a representative from that office will respond to assist the Fire Department.
(4) The Fire Marshal’s office and law enforcement will respond to any nuisance burning when the person will not allow the Fire Department to extinguish the fire.
(5) The Fire Marshal, or a representative of that office, will respond to any illegal burning when needed. The Fire Marshal, or its representative, does not need to be present to extinguish the fire. The Fire Department can extinguish the fire and email any information about the fire to the Fire Marshal’s office, which shall investigate the incident. If there is a problem with the person who is burning illegally, the Fire Marshal, or its representative, shall respond to assist the Fire Department.
(6) If any citations are to be issued that fall under this chapter or the NCBC, then the Fire Marshall, or its authorized representative, shall be responsible for conducting any investigation required and for issuing any citation.
(7) If any costs are incurred in extinguishing of an illegal fire, as provided for herein, then the individual or entity responsible for the illegal fire shall be obligated to reimburse the Fire Marshal’s office or the responding Fire Department for the expense.
(Ord. passed - -; Ord. passed 11-6-2023) Penalty, see § 95.999
(A) Permit required.
(1) In accordance with the Fire Prevention Code, no person shall use or explode any fireworks for public display without having first obtained a permit from the Fire Marshal’s office, and meeting the requirements of this chapter and/or the NCFC.
(2) A permit fee, in accordance with the permit and fee schedule, shall be required prior to issuance of the permit and shall be collected by the Fire Marshal’s office at the time of the application for a permit.
(B) Permit-issuance procedure.
(1) Any person wishing to obtain a permit for fireworks for public display shall first submit an application with the Fire Marshal’s office and pay the designated fee.
(2) Under the Fire Prevention Code, the permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Official for the payment of damages.
(3) The Fire Official responsible for making the site inspections shall make any inspections as deemed necessary to assure the site is in compliance.
(4) Once the Fire Official is satisfied that the site is ready and in compliance with the provisions of the this chapter and/or the NCFC, then the permit shall be issued. The permit shall not be transferable. The permit shall be valid only as specified as per the conditions of the permit.
(C) Permit revocation.
(1) If due to atmospheric conditions or other such conditions that may cause a danger to life and/or property from the display of the fireworks, or if there is a burning ban in place, the Fire Marshal may revoke the permit.
(2) In the event that a permit is revoked due to atmospheric conditions, the applicant shall be entitled to a full refund of the permit fee.
(3) (a) Failure to abide by the rules and regulations of the fire code shall be subject to a civil citation and immediate revocation of the permit.
(b) In this case, the permittee shall not be entitled to a refund of the permit fee.
(D) Fireworks on display; permit required.
(1) In accordance with the LCFPPO, it shall be unlawful for any person to possess, store, offer for sale, or sell at retail, without having first obtained a permit, if one is required, from the Fire Marshal’s office, and meeting the requirements of the LCFPPO and the NCFC. All fireworks offered for sale must meet those requirements as allowed by G.S. § 14-414 and the NCFC.
(2) A permit fee, as provided for in the county fee schedule, shall be required to be paid prior to the issuance of the permit required hereunder.
(E) Seizure and disposal of fireworks. The Fire Official shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of the NCFC, the State Building Code, and G.S. § 14-414. Failure to abide by these rules and regulations shall be subject to a civil citation.
(Ord. passed - -; Ord. passed 11-6-2023) Penalty, see § 95.999
(A) Generally. Other permits needed, according to Chapter 1, § 105.6 of the NCFC, in order to perform an operation or task, will need to be obtained from the Fire Marshal’s office. For any violation of Chapter 1 or other chapters of the NCFC, or of this chapter, a civil citation may be issued at the discretion of the Fire Marshal or its designee.
(B) Application for a permit. Applications for permits shall be made to the Fire Marshal, on forms provided by the county, and shall include full and complete answers from the applicant to inquiries set forth in the forms. The appropriate fees shall accompany applications for permits, if a fee is required, and any data as may be required by the Fire Marshal. All applications and forms shall be available on the county’s website, or in person at the Fire Marshal’s office. Failure to submit an application shall be just cause to deny issuance of a permit.
(C) Review and issuance. The Fire Marshal shall review all applications submitted. An on-site inspection shall be conducted to determine compliance with applicable provisions of this chapter and/or the NCFC. If an application for a permit is rejected by the Fire Marshal, the applicant shall be advised in writing of the reasons for the rejection. Permits for activities requiring the applicant to provide evidence of financial responsibility to the jurisdiction shall not be issued unless proof of required financial responsibility is furnished in the form of a bond or letter of credit.
(Ord. passed - -; Ord. passed 11-6-2023)
(A) Generally. The following is a list of jobs/tasks that will need operational permits.
(B) Specifically.
(1) Amusement buildings;
(2) Aviation facilities;
(3) Carnivals and fairs;
(4) Covered mall buildings;
(5) Exhibits and trade shows;
(6) Explosives (blasting, storage, manufacturing, and the like);
(7) Fireworks;
(8) Flammable and combustible liquids;
(9) Fumigation and thermal insecticidal fogging;
(10) Hazardous materials;
(11) HPM facilities;
(12) High-piled or high-rack storage;
(13) Liquid- or gas-fueled vehicles or equipment in assembly buildings;
(14) Open burning;
(15) Open flames and candles (churches are exempt);
(16) Organic coatings;
(17) Places of assembly (churches are exempt);
(18) Private hydrants;
(19) Pyrotechnic special effects material;
(20) Pyroxylin plastic;
(21) Spraying or dipping;
(22) Storage of scrap tires and tire byproducts;
(23) Temporary membrane structures, tents, and canopies (exceeding 200/400 square feet);
(24) Tire-rebuilding plants; and
(25) Waste handling (wrecking yards, junk yards, and waste-material-handling facilities).
(Ord. passed - -; Ord. passed 11-6-2023)
(A) The following is a list of jobs/tasks that will need a construction permit for the business to do the job or task. These permits must be issued before work begins:
(1) Automatic fire extinguishing systems and related equipment;
(2) Compressed gases;
(3) Fire alarm and detection systems and related equipment;
(4) Fire pumps and related equipment;
(5) Flammable and combustible liquids;
(6) Hazardous materials;
(7) Industrial ovens;
(8) LP gas;
(9) Private hydrants;
(10) Spraying or dipping;
(11) Standpipe systems and related equipment; and
(12) Temporary membrane structures, tents, and canopies.
(B) The permit fee shall be based upon the county fee schedule.
(C) Construction permits check-off list:
(1) New alarm systems certification test;
(2) New fixed fire suppression system certification test;
(3) New sprinkler systems (20 heads or more);
(4) New standpipe systems;
(5) Renovations of standpipe systems;
(6) Renovations of fixed fire systems;
(7) Renovations of alarm systems;
(8) Renovations of sprinkler systems (20 heads or more);
(9) Storage tanks used for flammable/combustible liquids or hazardous materials (aboveground and underground);
(a) Removal (per tank); and
(b) New installations (per tank).
(10) Inspection of the retrofitting of storage tanks and pipes containing or used for flammable or combustible liquids or hazardous materials;
(11) Preliminary plans review:
(a) Up to 5,000 square feet;
(b) Five thousand one to 10,000 square feet;
(c) Ten thousand one to 25,000 square feet;
(d) Twenty-five thousand one to 100,000 square feet; and
(e) Over 100,000 square feet.
(Ord. passed - -; Ord. passed 11-6-2023)
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