(A) Fire Prevention Code adoption.
(1) In order to safeguard life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings, other structures, or premises, the N.C. Fire Prevention Code, a volume of the North Carolina State Building Code, in its most current adopted and published edition by the North Carolina State Building Code Council, including all subsequent amendments or revisions duly adopted, is hereby adopted by the town and incorporated by reference as though fully set forth herein. The N.C. Fire Prevention Code shall be regularly referred to in this section as the “Fire Prevention Code,” or “the Code.” In the event of conflict, the more restrictive provisions of this section shall prevail over the provisions of the Fire Prevention Code.
(2) The listed standards and publications which comprise a part of the Fire Prevention Code, as the same may be periodically revised and updated, are also hereby adopted for use in the enforcement of the Code, as though fully set forth herein.
(3) An official copy of the Fire Prevention Code, and revisions thereto, shall be maintained on file in the offices of the Fire Department and in the office of the Town Clerk.
(4) State law reference. Adoption of technical codes by reference, G.S. § 160A-76(b); State Building Code, G.S. §§ 143-138 et seq.
(5) Adopted North Carolina Fire Prevention Code Appendix D.
(B) Jurisdiction. In accordance with G.S. § 160A-360, the provisions of the Fire Prevention Code are applicable and shall be enforced within the corporate limits, and also within the extraterritorial jurisdiction of the town.
(C) Responsibility for enforcement; Fire Inspection Office.
(1) The Fire Prevention Code shall be enforced by the Fire Inspection Office within the Fire Department of the town, which shall be operated under the supervision of the Fire Chief.
(2) The Chief of the Fire Department shall also be known as the Fire Marshal until a time that he or she appoints a Chief in charge of the Fire Inspection Office. This member, who will then be known as the Fire Marshal, shall be appointed on the basis of the merit principle, and shall serve at the pleasure of the Fire Chief.
(3) The Chief of the Fire Department may detail the members of the Fire Department as Fire Prevention Inspectors as he or she may determine necessary.
(D) Inspections; associated fees.
(1) The Fire Inspection Office shall schedule and perform the inspections of property throughout the jurisdiction as may be needed and appropriate in furtherance of the goals and objectives of the Fire Prevention Code. However, the following minimum inspection schedule shall be met:
(a) Once every year: hazardous, institutional, high rise, assembly and residential (within scope of the Code);
(b) Once every two years: educational (except public schools) and industrial; and
(c) Once every three years: business, mercantile, storage, churches and synagogues.
(2) Fees associated with the enforcement of the Code shall be established by the Town Council, and the official schedule of the fees shall be maintained in the office of the Fire Marshal and the Town Clerk.
(E) Penalties for violations of Fire Prevention Code.
(1) Compliance; responsibility for enforcement. Compliance with the provisions of the section, including all requirements of the Fire Prevention Code adopted hereunder, shall be enforced by the inspectors of the Fire Inspection Office of the Fire Department. In exercising its enforcement responsibilities, the goal of the Fire Inspection Office 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.
(2) Violations. Any person who shall violate or fail to comply with any of the provisions of this section, including the Fire Prevention Code adopted hereunder, or who shall violate or fail to comply with any corrective order of the Fire Inspection Office issued hereunder, or who shall build in violation of any specifications or plans submitted and approved hereunder shall be deemed to have committed a violation of this section and shall be held responsible and subject to the penalties and remedies herein provided. In addition, any person owning, leasing, using, managing or occupying any building, structure or land wherein or whereon there exists anything in violation of this section, including the Fire Prevention Code, or any lawful order issued or plan approved hereunder, or 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; or any person who shall erect or use any land, building or structure or any part thereof contrary to this section, the Fire Prevention Code, any order issued or plan approved hereunder; or any person who shall omit, neglect or refuse to do any act provided for in this section, including the Fire Prevention Code, or any order issued or plan approved hereunder shall be held responsible for a violation of this section and be subject to the penalties and remedies herein provided.
(3) Penalties and remedies. Enforcement may be as authorized by any method described in G.S. § 160A-175. Any fees or associated costs used for enforcement shall be outlined in the official schedule of fees as described in division (D) of this section.
(4) Failure to correct violations; continuing violations. If a violation of this section is not corrected within the time specified in the notice and citation or other lawful order issued hereunder, the violator shall be guilty of a new and separate offense, and each day’s further continuing violation shall be a separate and distinct offense, enforceable by all the remedies herein set forth, including additional civil penalties.
(1985 Code, § 94.07) (Ord. 2015-05, passed 8-4-2014)
Editor’s note:
G.S. 160A-360 was repealed by Session Laws 2019 111, s. 2.3