(A) The Fire Chief, or his or her designees, shall be authorized to issue notices of violation when fire inspectors have reasonable cause to believe that any person has violated any provision of this code including the North Carolina State Building Code incorporated herein.
(B) Compliance with the provisions of this chapter, including all requirements of the Fire Prevention Code adopted hereunder, shall be enforced by the inspectors of the Fire Prevention Bureau of the Fire-Rescue-EMS Department. In exercising its enforcement responsibilities, the goal of the Fire Prevention Bureau shall be to employ the enforcement alternatives calculated most effectively to secure compliance with the Fire Prevention Code and other fire prevention standards and requirements of the town.
(C) Any person who violates any of the provisions of the NC Fire Code or its references adopted by this chapter or fails to comply therewith; violates or fails to comply with any order made thereunder; builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken; or who fails to comply with an order as affirmed or modified by the Chief/designee of the Fire Department or by a court of competent jurisdiction, within the time fixed therein, shall be severally for each and every such violation and noncompliance respectively, guilty of a misdemeanor, punishable as provided in § 10.99. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All persons shall be required to correct or remedy violations or defects within a reasonable time determined by the Fire Code Official, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(D) The imposition of a penalty for a violation shall not be held to prevent the enforced removal of prohibited conditions.
(E) The service of notice of violations, orders, civil penalties, or other notices for the correction of violations of the code shall be made upon the owner, occupant or other person responsible for the conditions, either by personally delivering a copy of the same to such person or by delivering the same to and leaving it with any person in charge of the premises or by sending a copy of the order or notice by first class U.S. Mail, certified and return receipt requested, to the owner's last known address as shown on the most recent Pitt County tax records.
(F) When buildings or other premises are occupied by one other than the owner under a lease or other agreement, the orders or notices issued to correct violations of the code shall apply to the occupant; provided, however, that where the order or notices require the making of additions to or changes in the premises themselves which may become part of the real property of the owner, then, in such cases, the orders or notices shall also be issued to the owner of the premises or real property. Failure to deliver an order or notice to the owner, if other than the occupant, shall not invalidate such order or notice.
(G) Any person who shall violate or fail to comply with any of the provisions of this chapter herein or who shall violate or fail to comply with any corrective order of the Fire Prevention Bureau issued hereunder, or who shall build in violation of any specifications or plans submitted and approved hereunder, shall be held responsible for a violation of this chapter and be subject to the penalties and remedies herein provided. In addition, the following persons shall be held responsible for a violation of this chapter and be subject to the penalties and remedies herein provided:
(1) Any person owning, leasing, using, managing or occupying any building, structure or land wherein or whereon there exists any violation of this chapter, including the Fire Prevention Code, or any lawful order issued or plan approved hereunder;
(2) Any architect, builder, contractor, engineer, agent or other person who acts in concert, participates, directs or assists in the creation or maintenance of a violation of this chapter or any order issued or plan approved hereunder;
(3) Any person who shall erect or use any land, building or structure or any part thereof contract to this chapter, the Fire Prevention Code, any order issued or plan approved hereunder; or
(4) Any person who shall omit, neglect or refuse to do any act provided for in this chapter, including the Fire Prevention Code, or any order issued or plan approved hereunder.
(H) The notice of violation and/or subsequent civil penalties shall specify the civil penalty to be imposed on the violator and shall direct the violator to pay the civil penalty within ten days of issuance. The general penalty imposed shall be $50 for violations of the Fire Prevention Code unless otherwise specified. Second and third violations for the same or similar offenses shall be $100 and $500 respectively.
(I) Certain violations shall be deemed life safety violations, which shall subject the offender to a penalty of up to $500. Each day's continuing violation may constitute a separate offense. The following is a list of life safety violations and civil penalty:
(1) Exit door or exit obstruction violations shall be assessed $250 for the first offense and $500 for any recurring violation.
(2) Overcrowding of establishments by exceeding the posted “Maximum Occupancy” notice shall be assessed $250 for the first offense and $500 for any recurring violation.
(3) Fire detection system, fire protective signaling system, standpipe systems, fire extinguishing system or any other fire protection device violations shall be assessed $100 for the first offense and $250 for any recurring violation.
(4) Impaired access to buildings under construction by fire apparatus violations shall be assessed $100.
(5) Failure to comply with permitting process and subsequent occupancy of a structure prior to the issuance of a fire inspection permit shall be assessed $250.
(J) The notice of violation may specify a period during which the violator must correct the violation. If the violation is not corrected within the specified time, the violator shall be guilty of a new and separate offense.
(K) If the civil penalties are not paid within the time allowed, the Finance Director or Fire Chief, or his or her designee, may have a criminal summons issued against the violator for the violation of the North Carolina Fire Prevention Code. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the state fire code or pursuant to Section 34-86, to the penalty specified in the notice of violation and the delinquency charge.
(Ord. 11-O-255, passed 2-14-2011)