(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Violations of §§ 93.001 through 93.018. This chapter may also be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such cases, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
(1) Criminal remedies. Any person who shall violate or fail to comply with any provisions of this code shall be guilty of a Class 3 misdemeanor and shall be fined. Each day that such violation continues shall constitute a separate and distinct criminal offense. Punishable as hereinbefore provided and fined $100 per violation type per day until violation(s) have been abated.
(2) Civil penalties. In addition to, or in lieu of, criminal penalties set forth in division (B)(1), life safety civil penalties for non-compliant conditions or activities found during an initial fire inspection, site visit, or compliant are as follows:
Penalty | Fine |
Penalty | Fine |
(a) Overcrowding. Occupancy of a building in excess of the posted occupant load as defined in § 1004 of the NC Fire Code. | $500 |
(b) Block exit. Any obstruction in the required width of a means of egress. (A means of egress is the continuous and unobstructed path of vertical and horizontal egress travel from any point in a building or structure to a public way, consisting of three separate and distinct parts: the exit access, the exit, and the exit discharge.) | $500 |
(c) Spraying operation not complying with the code. Spraying flammable or combustible finishes without a properly installed spray booth or approved spraying area. | $100 |
(d) Fire alarm system inspection/maintenance. Failure to have the required annual maintenance test conducted of the fire alarm system(s), all deficiencies corrected, and to have required documentation of test(s) available to the fire code official on site. | $100 |
(e) Fire suppression system inspection/maintenance. Failure to have the required annual maintenance test conducted of all the fire suppression system(s), all deficiencies corrected, and to have required documentation of test(s) available to the fire code official on site. | $100 |
(f) Unauthorized storage. The storage of flammable, combustible or hazardous liquids or materials improperly stored and/or without a permit. | $100 |
(g) Emergency lighting inspection/maintenance. Failure to provide documentation and/or to conduct the required emergency lighting tests set forth in § 604.6 of the NC Fire Code. | $50 |
(h) Fire extinguisher inspection/maintenance. Failure to properly maintain and service required portable fire extinguishers. | $50 |
(i) Use of non-approved heating appliances. The use of non-listed heating appliances and/or use in an unapproved manner or location. | $50 |
(j) Other life safety matters not provided for. Other life safety matters not listed above. | $50 |
Notes:
1. Each day’s continuing violation shall constitute a separate offense as provided by G.S. 160A-175(g). Each day such violation(s) continues, however, shall be a separate and distinct offense, punishable as hereinbefore provided and fined $100 per day.
2. Fire alarm, fire sprinkler, hood systems, and other fire suppression systems and equipment that are no more than 30 days past due owners, operators or tenants have 72 hours of due notice to have a fire protection company correct violation(s) and found to be in code compliance by the Fire Code Official to avoid having a civil penalty levied.
3. Fire alarm, fire sprinkler, hood system, other fire suppression systems and equipment discovered during a fire inspection or a site visit that in order to abate the violation will require a construction permit for a pre-existing system owners, operators or tenants have 96 hours of due notice to have a fire protection company assess the fire protection situation and submit a construction permit application to the Fire Code Official’s office within three weeks following the fire protection assessment period to avoid having a civil penalty levied.
4. An owner, operator or tenant that is issued a civil penalty may submit a letter to the Fire Code Official’s office requesting the civil penalty be waived provided that the condition or activity is corrected and found to be in code compliance by the Fire Code Official within 72 hours of due notice. A civil penalty up to $200 may be waived by the Town Administrator. A civil penalty in excess of $201 will require a Board action. | |
(3) Equitable relief. In addition to the criminal and civil penalties set out in division (B)(1) and (2) above, any provision of this code may be enforced by an appropriate equitable remedy, including, but not limited to injunctive relief or order of abatement, issuing from a court of competent jurisdiction in accordance with 1-6(b) of this code and provisions of the North Carolina General Statutes.
(4) Summary abatement. Where conditions exist that are deemed hazardous to life and property, the Fire Code Official is authorized to abate summarily such hazardous conditions that are in violation of this subchapter.
(1) The Fire Code Official or someone designated by the Fire Code Official shall cite any person who habitually violates any provision of §§ 93.035 through 93.039 who shall be subject to a civil penalty. The offender shall pay the civil penalty into the office of the Town Clerk within 72 hours following the receipt of the civil citation. Each day’s continuing violation shall be a separate and distinct civil offense and shall be subject to a civil penalty as follows:
Commercial Violators | |
(a) First offense: | $250 |
(b) Second offense: | $500 |
(c) Third offense: | $750 |
(d) Fourth offense: | $1,000 |
(2) If the civil penalty is not paid within 72 hours, in accordance with G.S. § 160A-175, violations of any provision of §§ 93.035 through 93.038 of this chapter shall be a Class 3 misdemeanor as provided in G.S. § 14-4 punishable upon conviction by a fine not to exceed $500 or by imprisonment not exceeding 30 days.
(3) Sections 93.035 through 93.039 may also be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In this case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
(Ord. passed 11-16-1999; Ord. passed 5-2-2000; Ord. passed 9-4-2007; Ord. passed 1-6-2009; Ord. 10-11, passed 7-6-2010; Ord. 14-07, passed 6-18-2014; Ord. 14-17, passed 12-2-2014)