(A) Upon the first visit of the Fire Marshal, or his or her authorized representative, a notice of violation will be issued to any person for violations of the North Carolina Fire Code. Upon the second and all subsequent visits, the person responsible for the code violations may be charged a reinspection fee, as designated on the Town’s fee schedule.
(B) Violations.
(1) Any person shall be subject to all penalties allowed by law if the person:
(a) Violates or fails to comply with the provisions of the North Carolina Fire Code;
(b) Violates or fails to comply with any order made under the North Carolina Fire Code;
(c) Builds in violation of any detailed statement of specifications or plans submitted and approved under the Fire Prevention Code or any certificate or permit issued thereunder; or
(d) Shall fail to comply with such an order as affirmed or modified by the Fire Marshal, and/or his or her authorized representative, or by a court of a competent jurisdiction, within the time affixed.
(2) In addition to any civil penalties that may apply, violators are subject to criminal penalties pursuant to G.S. § 160A-175 and any other criminal laws that may be applicable.
(C) Penalties.
(1) The fine for a violation of this chapter shall be a civil penalty as designated on the Town's fee schedule. Each violation, as well as each day a violation exists, shall constitute a separate and distinct offense.
(2) If a person has not been cited within the previous 12 months and the violations are corrected within 72 hours, the fines may be waived, with the exception of Type 4 violations. The citation and penalties shall be in writing, signed by the Fire Marshal, or his or her authorized representative, and shall be delivered in person or by certified mail, with return receipt requested, to the offender at the place where the violation occurred.
(3) The failure of the offender to make payment of all civil penalties within 15 days from the date of the citation will result in a delinquency charge of $50 and/or further legal action and fines.
(4) The types of violations are as follows:
(a) Type 1 violations. These violations generally increase the likelihood of a fire or injury. They include, but are not limited to, failure to:
1. Obtain proper permits for required uses as listed under the permit fees;
2. Maintain properly operating exit or emergency fights;
3. Maintain clear, unobstructed access to fire protection equipment;
4. Properly cover or close elec-trical junction boxes;
5. Properly use electrical exten-sion cords.
(b) Type 2 violations. These violations represent a general threat to property. They include, but are not limited to, failure to:
1. Safely maintain proper storage of combustibles outside of a business;
2. Maintain clear, unobstructed access to electric panels;
3. Properly maintain automatic-closing fire and smoke doors;
4. Properly maintain and inspect portable fire extinguishers;
5. Properly maintain unob-structed accesses to hydrants, risers and Fire Department connections.
(c) Type 3 violations. These violations directly affect the life safety of persons within an occupancy or the probability of heavy property loss if a fire occurs. Therefore, fines shall be issued upon discovering violations of this type that are not immediately rectified. They include, but are not limited to, failure to:
1. Maintain clear, unobstructed access to and from exit doors, both inside and outside;
2. Install, test or properly maintain smoke and fire alarm systems;
3. Install or properly maintain or test automatic sprinkler and extinguishing systems;
4. Properly store or use flammable, combustible, or hazardous materials;
5. Limit the number of persons in a place of assembly to the maximum posted number allowed;
6. Failure to evacuate upon activation of a manual or automatic fire alarm system.
(d) Type 4 violations. These violations are where, despite prior violations, corrections have not been made and/or previous fines have not been paid. Any person who has committed a Type 3 violation in the previous five months, and has either not made corrections or committed a second Type 3 violation, will receive a Type 4 violation and be subject to the civil penalty of a Type 4 violation.
(D) The application of fines or penalties in this chapter shall not prevent the enforcement of or removal of the prohibited conditions.
(1989 Code, § 95.39) (Ord. 286, passed 1-14-1992; Am. Ord. 3002, passed 9-26-2023)