(A) (1) Subject to the limitations and conditions stated in the State Building Code, it shall be the duty of the fire official to inspect or cause to be inspected as often as he or she may deem necessary or appropriate all buildings, structures, and premises, such as schools, churches, day care facilities, commercial buildings, foster homes, group homes, nursing homes and hospitals, within his or her jurisdiction, for the purposes of ascertaining and causing to be corrected any condition which may cause fire or explosion, or any violations of the provisions of the code, or any other ordinances pertaining to fire or explosion hazards. Inspections may be announced or unannounced. Included in the fire official's power to inspect is the authority to take photographs or video tapes of violations.
(2) The fire official shall make inspections of buildings, institutions, facilities and premises required to be inspected by Volume V, Fire Prevention, of the State Building Code and G.S. § 115C-525(b), based on the following schedule:
(a) Once every year: hazardous, institutional, high rise, assembly and residential, except one- and two-family dwellings and only interior common areas of dwelling units of multi-family occupancies.
(b) Once every two years: educational, except public schools, and industrial.
(c) Once every three years: business, mercantile, storage, churches and synagogues.
(d) Twice every year: public and private schools.
(3) Frequency rates for inspections of occupancies as mandated by the general statutes shall supersede the above schedule. Nothing in this section shall prevent the fire official from conducting more frequent inspections than the schedule listed above or any schedule promulgated by any state regulatory agency.
(B) (1) The fire official shall investigate the cause, origin and circumstances of every fire occurring in the city which is of a suspicious nature or which involves loss of life or injury to persons or when circumstances warrant. The investigation shall begin immediately upon occurrence of the fire. Any information obtained pursuant to any investigation shall be confidential as authorized by law. The Police Department, upon request of the Fire Chief or his or her authorized representatives, may render the assistance as necessary in the investigation of any fire determined to be of suspicious origin. The fire official's investigatory powers shall include the right to take photographs or make video tapes of the scene.
(2) The fire official shall keep a record of all fires and of all the facts concerning the same, including statistics as to the extent of the fires and damages caused thereby. All records shall be public, except those deemed confidential by law. The fire official shall keep records of all reports of alleged violations of this code.
(C) The fire official shall assist fire departments, schools, industries and the general public in developing fire prevention programs. The fire official shall also plan and conduct public fire prevention and safety programs, answer public inquiries on fire prevention matters and speak before clubs, societies, schools and other organizations on fire prevention and safety.
(D) The fire official shall provide fire prevention advice to engineers, architects and contractors responsible for the construction or alteration of buildings. The fire official shall also review and approve building plans, site plans, water distribution plans and all plans necessary for construction.
(E) The fire official shall require and evaluate applications and issue, if approved, all permits for those conditions as prescribed in Volume V, Fire Prevention, of the State Building Code and this code. The fire official may refuse or deny the issuance of a permit if all of the conditions of the code or other rules, regulations and procedures, promulgated by him or her, have not been met.
(F) The fire official shall charge and collect the fees and penalties as the Board of Commissioners may authorize and adopt as a part of this code. The fire official shall also charge and bill users of services, any user fees instituted and adopted by the Board of City Commissioners. Fees shall be due and payable as provided by rules promulgated by the fire official.
(G) For the purpose of conducting inspections, responding to complaints and making investigations pursuant to this code, the fire official and his or her officers are hereby authorized to enter upon private premises, including any building or other structure subject to this code, after obtaining the consent of the owner or occupant. If consent to enter is withheld or denied by the owner or occupant the fire official or his or her designated representative shall seek an administrative inspection warrant. If consent to enter is wrongfully withheld or denied, the fire official in addition to seeking an administrative inspection warrant, is authorized to issue a monetary penalty and/or initiate the issuance of a criminal summons.
(H) The city fire official or his or her authorized representatives shall have the right to enter any building or premises without permission or warrant in the event of any emergency situation constituting a threat to human life, property or the public safety, for the purpose of eliminating, controlling or abating the dangerous condition or situation.
(I) The city fire official shall have the authority to require the designation of fire lanes. He or she shall also have authority to require owners or occupants to erect all signs necessary to designate an area a fire lane. Fire lanes shall be designated pursuant hereto.
(J) The city fire official or his or her officers shall have the authority to remove any vehicle found obstructing any fire station, fire hydrant, fire protection equipment or designated and marked fire lane.
(K) In enforcing this code, the fire official is authorized to issue notices of violation, corrective or abatement orders, stop work orders, citations and monetary penalties, to cause the issuance of criminal summons and to seek injunctive relief from the Courts. The fire official shall have the authority to summarily abate any condition that is in violation of any provision of this code or Volume V, Fire Prevention, of the State Building Code that prevents immediate fire hazard to life or property.
(Ord. 95-8-2, passed 8-8-95)