Chapter 20

Fire Prevention and Protection

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* Cross References: Buildings and building regulations, ch. 6; burning garbage and refuse regulated, § 30-3.
State Law References: Fire protection in municipalities, G.S. 160A-291--160A-293.
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Article I. In General

• Secs. 20-1--20-25. Reserved.

Article II. Fire Prevention Code

• Sec. 20-26. Title.
• Sec. 20-27. Intent.
• Sec. 20-28. Violations and penalties.
• Sec. 20-29. Enforcement officer.
• Sec. 20-30. Adoption of codes and standards by reference.
• Sec. 20-31. Inspection of buildings and premises.
• Sec. 20-32. Permits.
• Sec. 20-33. Service of orders or notices.
• Sec. 20-34. Tank installation.
• Sec. 20-35. Fee schedule.
• Sec. 20-36. Removal of obstructions; prohibited parking.
• Sec. 20-37. Emergency entry.
• Sec. 20-38. Investigation of fires.
• Sec. 20-39. Fire records, reports.
• Secs. 20-40--20-60. Reserved.

Article III. Volunteer Fire Department

• Sec. 20-61. Organization.
• Sec. 20-62. Duties of chief.
• Sec. 20-63. Chief's duties as fire inspector.
• Sec. 20-64. General authority at fires.
• Sec. 20-65. Riding on fire engine.
• Sec. 20-66. Agreements with other municipalities.
• Sec. 20-67. Annual report to council.

ARTICLE I.

IN GENERAL

Secs. 20-1--20-25. Reserved.

ARTICLE II.

FIRE PREVENTION CODE

Sec. 20-26. Title.

This article shall be known as the fire prevention and protection code of La Grange, North Carolina, and may be cited as such.

Sec. 20-27. Intent.

(a) 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 jurisdiction of the town 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.

(b) This article shall not be construed to hold the town responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this article or failure to inspect or reinspect or the permits issued or denied as provided in this article or by reason of the approval or disapproval of any equipment authorized in this article.

Sec. 20-28. Violations and penalties.

(a) Any person who shall violate any of the provisions of the Code adopted in this article or who shall fail to comply with any judicial warrant, lawful order, or regulation made thereunder or who builds in violation of any specifications or plans submitted and approved thereunder or any permit issued thereunder, shall be guilty of a misdemeanor. Each day that such violation continues shall constitute a separate offense. In the name of the town, the county fire marshal, through the town attorney, may enjoin the construction or erection of any facility, building or structure which does not conform to the provisions of this article.

(b) This article may be enforced by any of the remedies set forth in G.S. 153A-123, in addition to others specifically set out in this article or in this Code.

(c) Any person who violates any of the provisions of this article shall be subject to a civil penalty for each violation in accordance with section 1-6. The civil penalty schedule shall be filed with the clerk and in the fire marshal's office for public inspection. Each day of violation shall constitute a separate and distinct offense.

(d) Civil penalties must be paid within 72 hours after a citation has been issued by the fire marshal for a violation. The fire marshal is authorized to issue written citations in the name of the county for violations.

Sec. 20-29. Enforcement officer.

This article shall be enforced by the county fire marshal and his authorized representatives or as otherwise provided in this article.

Sec. 20-30. Adoption of codes and standards by reference.

(a) There is hereby adopted by reference and incorporated in this article that certain code, known as and entitled "Volume V--Fire Prevention and Protection," of the North Carolina State Building Code, latest edition. Copies of the county fire prevention and protection code and all codes and standards adopted by reference, shall be filed with, and available for public inspection in the offices of the town and the fire marshal.

(b) Amendments to codes and standards adopted by reference in this article which are adopted and published by the North Carolina State Building Code Council shall be effective in the town at the time such amendments become a part of Volume V--Fire Prevention and Protection of the North Carolina State Building Code.

Sec. 20-31. Inspection of buildings and premises.

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 cause to be inspected as often as he may deem necessary or appropriate 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, endanger life from fire or explosion, or any violations of the provisions of the code, or any other ordinances pertaining to fire or explosion hazards.
Cross References: Buildings and building regulations, ch. 6.

Sec. 20-32. Permits.

(a) This article shall require permits from the fire marshal as set forth in Volume V--Fire Prevention and Protection of the North Carolina State Building Code.

(b) It shall be the duty of the fire marshal to evaluate applications and issue, if approved, all permits for those conditions as prescribed in Volume V--Fire Prevention and Protection of the North Carolina State Building Code and this Code.

(c) 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 a permit as required by the fire marshal and prescribed in Volume V--Fire Prevention and Protection of the North Carolina State Building Code and this Code. 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.

Sec. 20-33. Service of orders or notices.

(a) 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 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.

(b) 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 thereof provided 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.

Sec. 20-34. Tank installation.

Before any tank for underground or aboveground storage of volatile, flammable or combustible liquids or any other hazardous material covered by the provisions of this article shall be installed, a permit must be issued and shall be granted only upon written application made to the fire marshal setting forth therein the location, character, size and capacity of the tank, and the purpose for which it is to be used and an agreement that the applicant or user will conform to all the provisions of this Code and the ordinances then existing, and in case a pump is to be used in connection therewith, the application shall state its location with respect to the tanks and with respect to the property line. The fire marshal shall determine whether the proposed tanks comply with the provisions of this article, the ordinances of the town, and laws of the state, and shall issue the permit if he finds there is compliance. The fire marshal shall have the right to inspect the tanks and appliances before and after installation, and see that its location, installation and operation are in accordance with this article, the ordinances of the town and laws of the state. After the tank is placed in the excavation, and fittings and connections have been attached thereto, and before it has been covered or concealed from inspection, the applicant for the permit shall notify the fire marshal and shall wait until the installation of the tank connections and fittings have been approved by the fire marshal before covering them.

Sec. 20-35. Fee schedule.

(a) Fees for inspections required by this article shall be determined by resolution of the town council. An inspection fee schedule shall be filed with the clerk and the fire marshal's office for public inspection.

(b) Inspection fees shall be paid within the number of days specified in the billing or notice of the amount of the fee.

Sec. 20-36. Removal of obstructions; prohibited parking.

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 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 cost incidental to the removal and storage of the vehicle due for the violation of prohibited parking.

Sec. 20-37. Emergency entry.

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 a threat to human life, property or the public safety for the purpose of eliminating, controlling or abating the dangerous condition or situation.

Sec. 20-38. Investigation of fires.

(a) The county fire marshal's office shall investigate the cause, origin and circumstances of every fire occurring in the town which is of a suspicious nature or which involves loss of life or injury to persons, or when notified by any fire department of a fire protection district or when circumstances warrant. Such investigation shall begin immediately upon the occurrence of such a fire and, if it appears that such fire is of suspicious origin, the county fire marshal shall be immediately notified and coordinate investigation activities with the fire department having jurisdiction. Any information obtained pursuant to any such investigation shall be confidential as authorized by law.

(b) The sheriff's department or town police department, upon request of the fire marshal or his authorized representatives, may render such assistance as necessary in the investigation of any fire determined to be of suspicious origin.

Sec. 20-39. Fire records, reports.

(a) The fire marshal's office shall keep a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damages caused thereby. All such records shall be public.

(b) Fire protection districts shall keep a record of all emergency alarms and submit reports of these alarms to the fire marshal's office as the fire marshal prescribes.

Secs. 20-40--20-60. Reserved.

ARTICLE III.

VOLUNTEER FIRE DEPARTMENT*

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* Cross References: Administration, ch. 2; personnel, ch. 28.
State Law References: Authority to maintain a fire department, G.S. 160A-291.
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Sec. 20-61. Organization.

(a) The fire department shall consist of the chief of the fire department and a sufficient number of volunteer firefighters to maintain and operate the department. The council shall appoint the chief and approve the appointment to the department of all members. The department may from time to time adopt its own rules and regulations governing the department subject to the approval of the council.

(b) The chief is authorized and empowered at his discretion to appoint in any emergencies he deems necessary such temporary members of the department as he desires to serve as members temporarily, and each such member so appointed shall be entitled to the same rights and benefits as all other members of the department for the duration of such temporary service, no matter how limited his length of service may be.
(Code 1981, § 3-2001)

Sec. 20-62. Duties of chief.

The fire chief, subject to supervision by the council, shall:

1. Have general control of the fire department, the personnel, apparatus and fire alarm systems.
2. Command the department and supervise the firefighting and extinguishing of all fires and shall have the authority to keep away from the vicinity of all fires any and all idle, disorderly or suspicious persons.
3. Inspect or cause to be inspected all trucks and other equipment of the fire department to ascertain that the equipment is being kept in proper condition. He shall report annually to the council the condition of all equipment.
4. Inspect and cause to be inspected all fire hydrants and fire alarm systems and make a report of such inspections to the council.

(Code 1981, § 3-2002)
State Law References: Duties of fire chief, G.S. 160A-292.

Sec. 20-63. Chief's duties as fire inspector.

(a) The fire chief is to assume the functions of fire inspector. As such, he, or his designated agent, shall have authority to enter any and all premises, at a reasonable time, for purposes of inspection.

(b) He shall make regular inspections of all structures located within the fire district.

(c) He shall upon receipt of a complaint forthwith investigate.

(d) He shall investigate the causes of fires and shall keep records of his findings as to origin, location, owner, extent of damage and injury, and amount of insurance carried.

(e) He shall cause the removal of fire hazards by serving proper orders to the owner or agent of premises in question, the orders to state a reasonable time limit. Failure to comply with the order shall be considered a misdemeanor punishable, upon conviction, in accordance with section 1-6.
(Code 1981, § 3-2003)

Sec. 20-64. General authority at fires.

(a) The officer in command shall have authority to summon aid, and no citizen so summoned may refuse to help in extinguishing the fire or in protecting exposed property.

(b) During the continuance of a fire, the fire chief, his assistant or the mayor shall have authority to call upon any citizen to render assistance in pulling down or demolishing any building or in removing goods or furniture from a building on fire or in danger of fire, but not without the consent of the officer of the fire department or the police department who may be in charge.

(c) It shall be unlawful to congregate on the streets or alleys near a fire in a manner which would interfere with the activities of the fire department.

(d) In the event of an alarm of fire the apparatus of the fire department responding to it shall have the right-of-way in and upon all streets, lanes, alleys and other public ways.
(Code 1981, § 3-2004)

Sec. 20-65. Riding on fire engine.

No person other than a member of the fire department shall mount any fire engine or apparatus before it leaves the station, while on its way to or from a fire, or at any other time, unless by permission of the driver or officer in command of the engine or other apparatus.
(Code 1981, § 3-2006)
Cross References: Traffic and vehicles, ch. 34.

Sec. 20-66. Agreements with other municipalities.

(a) The fire chief is hereby authorized to negotiate with other localities for mutual fire aid agreements. Any agreement shall be effective upon approval of the governing bodies of the participating governments.

(b) The council may establish a schedule of supplementary compensation for firefighters answering out-of-town calls.
(Code 1981, § 3-2009)

Sec. 20-67. Annual report to council.

The fire chief may be required to make an annual written report, accompanied by affidavit, of all meetings of the fire department personnel, all fires occurring in the town, and all out-of-town calls made by members of the department.
(Code 1981, § 3-2010)