Loading...
(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
(A) A “knox box” is required at the following types of buildings and enterprises:
(1) All new or renovated commercial buildings equipped with automatic fire sprinkler systems and building fire alarm systems or inside standpipes shall provide a “knox box” key entry system. In addition, any existing commercial structure with these fire protection features must provide a “knox box” at the time a new tenant or owner occupies the building.
(2) All commercial enterprises, businesses or industries in the town that use, store or manufacture on-site hazardous materials that must be reported under state right-to-know laws, G.S. §§ 95-173 et seq., or under Title III of the Federal Super Fund Amendments and Reauthorization Act, being 42 U.S.C. §§ 9601 et seq., and the regulations promulgated thereunder, must have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be found. For the full requirements regarding hazardous material storage boxes, see §§ 100.01 through 100.99.
(B) The “knox box” box shall be ordered through the Town Fire Department, and shall be in place before a certificate of occupancy is issued. Average delivery time is five to six weeks. This box shall be mounted at the location specified by the town Fire Inspections Office. The owner, manager or tenant shall provide keys to access the facility (or to tenant spaces within the facility) to the Town Fire Department.
(C) The following criteria will be considered before requiring the installation of a “knox box” within the scope of the town Fire Inspection Program. Businesses that meet all of the criteria listed below may be exempt from the “knox box” requirement. Buildings or locations that:
(1) Are less than 2,500 square feet in size and only one occupancy. A maximum of two businesses may occupy one building provided that the total square footage of the building does not exceed 2,500 square feet;
(2) Are not required to have a hazardous material data storage box;
(3) Have at least one main entry door and door frame constructed of wood or have at least one window located on the first floor that is at least three feet by four feet in size. Glass for the window cannot be wired reinforced safety glass, nor are any barriers permitted in front of the window; and
(4) Have other unusual or extraordinary situations that may be specific to an individual location.
(1985 Code, § 94.08)
FLAMMABLE FLUIDS AND EXPLOSIVES
The purpose of this subchapter is to regulate the storage and handling of dangerous materials in accordance with safety methods as established by experience and the findings of the National Board of Fire Underwriters and other authorities.
(1985 Code, § 94.15)
Statutory reference:
Municipality’s authority to regulate explosives, see G.S. § 160A-183
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED CONTAINERS. CONTAINERS APPROVED by the National Board of Fire Underwriters.
EXPLOSIVES. The known explosive materials such as black powder, gunpowder, blasting powder, trinitrotoluene, nitroglycerine, dynamite, blasting caps, detonators and other explosive products.
FLAMMABLE FLUIDS. All combustible liquids and gases of dangerous volatility and low flashpoint such as gasoline, kerosene, fuel oil, acetylene and the like.
(1985 Code, § 94.16)
(A) No person shall keep in any car or warehouse, or on any platform, any cargo of gunpowder or blasting powder or other explosive, for more than six hours.
(B) Every person having any powder or dynamite on his or her premises shall notify the Chief of the Fire Department, in writing, of the location of the powder or dynamite and shall display conspicuously, clearly and legibly a sign bearing the words “POWDER --- DANGER” or “DYNAMITE --- DANGER” at that place.
(C) It shall be unlawful for any person to dispense any gasoline into a glass container or to store any gasoline in a glass container within the town.
(1985 Code, § 94.17) Penalty, see § 94.99
Loading...