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(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)
FEE ADMINISTRATION
(A) Fees will be according to the current schedule as adopted by the Board of Commissioners.
(B) An individual permit, with appropriate permit fee, shall be charged for each event or project.
(C) Special use permit fees for specific events, projects, or time periods shall be for the amount specified for that particular permit.
(D) Special use permits may not be combined.
(E) For a use permit, an appropriate permit fee shall be charged.
(F) For new fire alarm/sprinkler/standpipe/fire suppression systems, an appropriate permit fee shall be charged.
(G) For renovations to fire alarms/sprinklers/standpipe/fire suppression systems, an appropriate permit fee shall be charged.
(H) For new installations and removals of storage tanks used for flammable/combustible liquids or hazardous materials, an appropriate permit fee shall be charged.
(I) For places of assembly, see the service and permit fee schedule.
(J) Churches, schools, county operations and buildings, city operations and buildings, and emergency service organizations (fire; rescue; EMS; state, county, and city jails, detention centers, correction facilities; and state, county, and city law enforcement agencies) are exempt from operational permit fees. However, depending on the operation, those entities may still be required to obtain necessary permits. Also, tents used at funerals are exempt from all fees under this chapter, and a permit shall not be required for this use.
(K) No one is exempt from any construction permit fees or special use permit fees, except as listed in § 102 of the NCFC.
(L) Permits shall be in accordance with § 105 of the NCFC and this chapter.
(M) Service and permit fee schedule.
(1) Generally. Permits shall be in accordance with § 105 of the NCFC and this chapter.
(2) Permits required. Permits required by this NCFC and this chapter shall be obtained from the Fire Official. 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; and
(3) Types of permits. There shall be three types of permits as follows.
(a) Operational permit. An operational permit 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:
1. A prescribed period; or
2. Until renewed or revoked.
(b) Construction permit. A construction permit 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.
(c) Special use permits. Special use permits are for and/or allow special tests, inspections, certain applications, operations, and assemblies, to maintain, store, or handle certain materials, special events, and services for which a permit is required by § 105.6 of NCFC and this chapter.
(Ord. passed - -; Ord. passed 11-6-2023)
(A) State-certified fire inspectors of the County Fire Marshal’s office are empowered to issue notices of violation and civil citations when they have reasonable cause to believe that any person or business has violated any provision of the NCFC, as amended, or this chapter. The notice of violation or civil citation may be delivered in person to the violator or, if the violator cannot be readily found, the notice of violation or civil citation may be mailed by certified mail. The notice of violation or civil citation shall specify the penalty to be imposed on the violator, and shall direct the violator to appear to the Fire Marshal’s office within 30 days to pay the penalty or, alternatively, to pay the penalty by mail.
(B) The notice of violation may specify a period (a minimum of 30 days and a maximum of 90 days) during which the violator must correct the violation. If the violation is not corrected within the specific time, the violator shall be guilty of a new and separate offense. Violation(s) consisting of locked and/or blocked exits, impedance of the occupants to quickly evacuate a structure or premise, or conditions posing imminent danger to the occupants on or about the premise, or violation(s) of occupancy limits established pursuant to the State Building Code and/or the fire code must be fixed or corrected during the time of the inspection if at all possible.
(C) If, on a first or second offense, the violator does not pay the penalty within 30 days after issuance of the notice of violation or civil citation, a delinquency charge of $10 will be added to the amount specified in the notice of violation or civil citation, and the notice of the delinquency charge shall be mailed to the violator. A criminal summons or warrant may be issued if the penalty plus delinquency charge are not paid within five days after the date of the delinquency notice. On a third offense of the same code violation during the same calendar year, there is a per-day civil fee until the violation is corrected.
(D) If the penalty and delinquency charge are not paid within the time allowed, the Fire Marshal’s office may have a criminal summons issued against the violator for the violation of the NCFC, as amended, or this chapter. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the NCFC or this chapter, to the penalty specified in the notice of violation or civil citation and the delinquency charge.
(Ord. passed - -; Ord. passed 11-6-2023)
GENERAL REGULATIONS
(A) In accordance with the fire code, the Fire Marshal shall have the authority to designate fire lanes necessary for fire-apparatus accessibility.
(B) All designated fire lanes shall be marked as specified by the Fire Marshal. A “ NO PARKING” sign of the type specified by the Fire Marshal shall be installed adjacent to the fire lane perimeter. Additional signs shall be posted at intervals not exceeding 100 feet.
(C) All fire lanes previously designated and described by the county prior to this amendment shall remain as fire lanes and maintained as such. The parking of motor vehicles or other obstruction of a required fire lane shall be prohibited at all times per the NCFC and this chapter.
(D) Any person who shall park in a fire lane shall be subject to a civil citation, issued either by the Fire Marshal’s office or by a law enforcement agency having jurisdiction.
(Ord. passed - -; Ord. passed 11-6-2023) Penalty, see § 95.999
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