Chapter 78 - Fire Prevention

This article is adopted pursuant to N.C.G.S. 153A-121 and N.C.G.S. 143-138(e).

This article shall be known as the "Fire Prevention Ordinance of Henderson County, North Carolina," and may be cited as such and referred to herein as "this article."

1. It is the intent of this article to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property within the unincorporated limits of Henderson County from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from hazardous conditions in the use or occupancy of buildings or premises.
2. These regulations shall also be controlling within the corporate limits of any municipality within Henderson County upon request by resolution from the governing body of the municipality and upon approval of the Board of County Commissioners by resolution or contract.
3. This article shall not be construed to hold the County responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permits issued or denied as herein provided or by reason of the approval or disapproval of any equipment authorized herein.

The Fire Prevention Ordinance of Henderson County and the North Carolina Fire Prevention Code shall be enforced by the Henderson County Fire Marshal, the Deputy Fire Marshal and Assistant Fire Marshals as certified by the North Carolina Code Officials Qualification Board or as otherwise provided herein by Henderson County policies.

1. There is hereby adopted by reference and incorporated herein that certain code known as and entitled "North Carolina Fire Prevention Code." Copies of the Fire Prevention Ordinance of Henderson County and all technical codes and standards adopted by reference shall be filed with and available for public inspection in the offices of the Fire Marshal.
2. Amendments to codes and standards adopted by reference herein which are adopted and published by the North Carolina State Building Code Council shall be effective in Henderson County at the time such amendments become a part of the North Carolina Fire Prevention Code.

Subject to the limitations and conditions stated in the North Carolina State Building Code, it shall be the duty of the Fire Marshal to inspect or to cause to be inspected on the schedule set by the Board of Commissioners, or more frequently as deemed necessary by the Fire Marshal pursuant to all relevant North Carolina codes all buildings, structures and premises within his jurisdiction for the purposes of ascertaining and causing to be corrected any condition which may cause fire or explosion or endanger life from fire or explosion or any violations of the provisions of this article. All fees assessed under this Article for inspections shall be paid in full to the County by the owner of the real property upon which the inspection takes place within thirty (30) days of inspection of the later to occur of the mailing of an invoice for the same to such owner or the hand delivery of such invoice to the person in apparent control of the premises inspected at the time of such inspection.

1. Fire prevention permits.
   
   1. This article shall require permits from the Fire Marshal as set forth in Chapter 1 of the North Carolina Fire Prevention Code. Such required permits include, but are not limited to, permits for open burning.
   2. It shall be the duty of the Fire Marshal, the Deputy Fire Marshal and Assistant Fire Marshals to evaluate applications and issue, if approved, all permits for those conditions as prescribed in Chapter 1 of the North Carolina Fire Prevention Code and this article.
   3. No person shall maintain, store or handle materials or conduct processes which produce conditions hazardous to life or property or install equipment used in connection with such activities without first obtaining a permit as required by the Fire Marshal and prescribed in the North Carolina Fire Prevention Code of the North Carolina State Building Code and this article. Before a permit may be issued, the Fire Marshal shall inspect and approve the receptacles, vehicles, buildings, structures, storage areas, devices, processes and conditions related to the permit.
   4. A permit may be revoked pursuant to the provisions of Chapter 1 of the North Carolina Fire Prevention Code. Any person may appeal said revocation to the Henderson County Board of Commissioners within 30 days.
   5. To provide for efficient, timely handling of duties set forth in N.C.G.S. 14-284, N.C.G.S. 14-410 and N.C.G.S. 14-413, and with greater convenience to the public, authority is granted to the Fire Marshal to act as the agent of the Board of Commissioners to approve/disapprove the issuance of permits and licenses for the storage of explosives and the exhibition of pyrotechnics at public celebrations.
   6. Each mandatory permit or permit required by Chapter 1 of the North Carolina Fire Prevention Code shall be assessed a fee of $50. Operational permits shall require annual renewal, and such renewal is subject to the permit fee of $50.
2. Other permits. This article shall not exempt a person who has obtained a permit pursuant to this article from any other permits required by other state, federal and local laws.

1. The service of orders or notices for the correction of violations of this article 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 certified or registered mail to the owner's last known address.
2. 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 this article arising out of operations conducted on the premises shall apply to the occupant thereof, provided that, where the order or notices require 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 any order or notice duly served on the occupant.

This article and the North Carolina Fire Prevention Code may be enforced by any methods authorized by N.C.G.S. 153A-123. Such methods shall be carried out in accordance with the procedures outlined in Henderson County Code, Chapter 1, General Provisions, Article II. See also Article II, Violations and Penalties, of this Chapter 78, which includes the applicable penalty schedule.

Any vehicle found obstructing any fire hydrant, fire protection equipment, designated and marked fire lane or fire station may be removed or towed away by or under the direction of the Fire Marshal to a storage area or private garage. The owner of such vehicle shall be deemed to have appointed the Fire Marshal as his agent for the purpose of arranging for the transportation and safe storage of the vehicle. The owner of such vehicle, before obtaining possession thereof, shall pay all reasonable costs incidental to the removal and storage of the vehicle due for the violation of prohibited parking.

1. The Fire Marshal or his authorized representatives shall have the right to enter any building or premises without permission or warrant in the event of any emergency situation constituting an immediate threat to human life, property or the public safety for the purpose of eliminating, controlling or abating the dangerous condition or situation.
2. If entry or access is denied so as to limit the authorized duties of this article, the Fire Marshal or his authorized representatives shall seek and obtain an administrative search warrant pursuant to N.C.G.S. 15-27.2.

1. Each Fire Chief shall be responsible for determining the origin, cause and circumstances of every fire occurring within his/her fire district. The Fire Marshal shall investigate, or cause to be investigated, the origin, cause and circumstances of a fire in the County when: the fire involves injury or loss of life to any person; incendiarism is suspected; the Fire Department having jurisdiction over the fire requests such investigation; or circumstances warrant an investigation. Each investigation shall begin as soon after the occurrence of the fire as practical. Any information obtained pursuant to any such investigation shall be confidential as authorized by N.C.G.S. Chapter 58, Article 79.
2. The Sheriff's Department, upon request of the Fire Marshal or his authorized representatives, may render such assistance as necessary in the investigation of any fire. The law enforcement agency having jurisdiction shall be promptly advised of incidents where incendiarism or other illegal activities are discovered.

Each Fire Department shall compile records of fire alarms and other responses and forward these records to the Fire Marshal. The Fire Marshal's office shall maintain these records and forward them to the North Carolina Fire Commission as prescribed in N.C.G.S. Chapter 58, Article 79. All such records shall be considered public records.

No person shall knowingly maintain a fire hazard.

Violations of this Article I shall be prohibited. In addition, but not by way of limitation, no person shall deliberately, or through carelessness or negligence, set fire to or cause the burning of any material in such a manner as to endanger the safety of any person or property or violate a burning ban imposed by the Fire Marshal.

Nothing in this article shall be construed to conflict with N.C. G. S. Chapter 95, Article 18, as enacted and as may be amended from time to time.

The Fire Marshal has the authority to impose a burning ban on any and all

property within the jurisdiction of this chapter in order to protect such property and persons from the

devastating effects of fire during adverse conditions. A burning ban imposed by the Fire Marshal shall be

immediately effective without notice to the public and supersedes any permits that had been issued prior to

the imposition of the burning ban; however, the Fire Marshal shall make reasonable efforts to communicate

the imposition of the burning ban to the citizens and properties affected.

The following civil penalties are hereby approved, adopted and imposed for each violation of Article I of this Chapter and/or the referenced chapters of the North Carolina Fire Prevention Code.

1. Violations not covered by the North Carolina Fire Prevention Code: as set forth in Henderson County Code, Chapter 1, General Provisions, Article II.
2. Violations covered by the North Carolina Fire Prevention Code:

3. In addition to any applicable penalty, for violations that involve the failure to obtain or maintain a permit required by Article I of this Chapter or by the North Carolina Fire Prevention Code, where appropriate, the violator must obtain or renew such required permit and pay the associated permit fee.