Statesville City Zoning Code

No person shall give or cause to be given any false alarm of fire.

(Code 1959, § 8-26)

State Law reference— False alarms, G.S. § 14-286.

It shall be unlawful for persons to congregate in the streets or squares next to a fire, so as to interfere with the work of the department, or for any person to interfere with any member of the fire department or to obstruct the work of the fire department in any way, at or during a fire or while answering an alarm of fire.

(Code 1959, § 8-27)

It shall be unlawful to damage or mutilate any fire hose.

(Code 1959, § 8-28)

State Law reference— Driving over fire hose, G.S. § 20-157.

It shall be unlawful to obstruct any hydrant or fire plug in such manner as to interfere with the easy approach to or the convenient use of such hydrant by the fire department.

(Code 1959, § 8-29)

State Law reference— Blocking firefighting apparatus, G.S. § 20-157.)

No person, other than a bona fide member of the fire department or the police department, shall mount any fire engine, wagon or apparatus at any time, unless by permission of the driver or officer in command of such engine, wagon or other apparatus.

(Code 1959, § 8-17)

The fire and police departments are authorized to lay off by rope or otherwise such portions of the streets or lots adjacent thereto as may be deemed necessary for properly fighting any fire, and it shall be unlawful to cross over or enter such enclosure without the permission of the police or fire department.

(Code 1959, § 8-23)

No person shall intentionally or deliberately set fire to or cause the open burning of any leaves, tree branches, garden space, grasslands, or trash materials inside the corporate limits of the City of Statesville without first obtaining a permit from the office of the fire marshal and complying with all the conditions and instructions set forth in the permit.

(Ord. No. 17-90, 5-21-90)

The fire department of the city shall consist of the chief and such number of firefighters and other personnel as the city council in its discretion shall deem necessary and sufficient to maintain and operate the firefighting equipment, to provide for building inspections as provided for in this chapter and to afford fire protection for the city.

(Code 1959, § 8-1)

The chief and members of the fire department shall be under the direction and control of, and shall be directly responsible to, the city manager for the proper maintenance and operation of the firefighting equipment and in all other matters pertaining to the fire department.

(Code 1959, § 8-2)

Subject to the supervision of the city manager, the chief of the fire department shall have general control of the department personnel and apparatus. It shall be the duty of the chief to prepare a report during each month and to submit such report to the city council and to the civil service board. Such report shall contain a statement of the conduct of the affairs of the department and any suggestions for improvement in the service or personnel of the department.

(Code 1959, § 8-3)

In the absence of the chief of the fire department from the city, or if he is prevented from attending to his duties by sickness or otherwise, the deputy chief or a designated ranking officer shall perform all duties required of the chief and shall have the same authority as the chief.

(Code 1959, § 8-4)

(a)

The fire official shall inspect or cause to be inspected for the purpose of identifying activities in buildings, structures, and premises that pose dangers of fire, explosion, or related hazards. Such inspections shall be conducted using the following schedule:

Every year: Hazardous—Institutional, high rise, assembly, and residential except one- and two-family dwellings and only interior common areas of dwelling units of multifamily occupancies.

Every 2 years: Educational—(Except public schools), industrial

Every 3 years:Business—Mercantile, storage, churches, synagogues

(b)

Whenever any person makes a complaint to the fire official that any business or premise constitutes a fire hazard, the fire official shall have the premise inspected immediately.

(Code 1959, §§ 8-11, 8-12; Ord. No. 53-92, 12-7-92)

State Law reference— Administrative search and inspection warrants, G.S. § 15-27.2.

(a)

Whenever the chief of the fire department finds that any building or any premises constitutes a fire hazard, for any reason, he shall serve or cause to be served upon the owner and the occupant of such building a written notice specifying the condition complained of, ordering such condition to be remedied promptly, and indicating what is considered a reasonable time for compliance with such order.

(b)

The service of any order as provided by subsection (a) may be made on the occupant of the premises to whom it is directed either by delivering a copy of the same to the occupant personally or by delivering the same to and leaving it with any person in charge of such premises or, in case no person is found upon such premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. In case the owner of the premises is some person other than the occupant thereof, service of the notice may be made by delivering a copy to such owner personally or by mailing the copy to his last known address. If the occupant or owner is a partnership, service upon any partner shall be sufficient; and if a corporation, upon any officer or any local agent thereof. Such notice may be served by any police officer.

(c)

It shall be unlawful to fail to comply within a reasonable time after the service of any order with the requirements thereof.

(Code 1959, §§ 8-12—8-14)

No fire apparatus shall leave the city without the consent of the city manager or be used for other than fire purposes without the consent of the chief of the fire department or the city manager; provided, that this section shall not apply to any agreements now existing or which may be made in the future between the city and the county relative to the taking of equipment outside the corporate limits of the city.

(Code 1959, § 8-18)

State Law reference— Fire calls beyond city, G.S. §§ 69-40,160A-293.

For purposes of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the current edition of the North Carolina State Fire Code (including appendices), hereinafter known as the fire prevention code, is hereby adopted and incorporated by reference as if fully set forth in this section and shall be the authority for fire protection and prevention within the city.

(Code 1959, § 9-1; Ord. No. 45-84, 7-15-84; Ord. No. 51-92, 12-7-92; Ord. No. 01-13, 1-14-2013)

Charter reference— Adoption by reference, § 10.5.

State Law reference— Adoption by reference, G.S. § 160A-76.

(a)

The fire prevention code adopted in this article shall be enforced by the bureau of fire prevention in the fire department of the city. The bureau is hereby established and shall be operated under the supervision of the fire marshal.

(b)

The fire marshal shall be appointed by the fire chief on the basis of his qualifications.

(c)

The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors when it is deemed advisable in the best interest of the city.

(d)

A fee schedule is established for required fire prevention code inspections performed by the division under the direction of the fire marshal.

Routine maintenance inspections:

Less than 1,000 square feet .....$ 50.00

1,000—2,499 square feet .....75.00

2,500—9,999 square feet .....100.00

More than 10,000 square feet .....150.00

User fees include inspection and one re-inspection. Additional inspections are in accordance to the routine inspection fee schedule per inspection.

Exception: Educational occupancies are exempt from routine inspections fees.

Exception: Commercial hood systems with fire suppression capabilities will be inspected annually. The routine inspection fee will be applied only if the system is in violation.

Opening a business without an inspection by the division of fire and life safety will subject occupant and owner to a $100.00 fine.

Required permits:

Any required permit as listed in Section 105 of the North Carolina Fire Prevention Code .....75.00

Special permits:

Exhibits and trade shows .....75.00

Temporary membranes, tents, canopies .....75.00

Tank removal/install .....75.00

Fireworks displays (plus two-hour minimum firefighter standby fee) .....100.00

Parking in fire lane .....75.00

Fumigation/insecticide/fogging .....75.00

Burning permit .....75.00

Amusement buildings .....75.00

Carnivals/fairs .....75.00

Combustible dust producing operations .....75.00

Covered mall buildings .....75.00

Explosives .....75.00

Flammable/combustible liquids .....75.00

(Only mandated according to the North Carolina Fire Prevention Code)

Private fire hydrant removal, use of operation .....75.00

Spraying/dipping .....75.00

Liquid or gas fueled vehicles/equipment in assembly buildings .....75.00

ABC inspection .....75.00

Fire protection systems required tests:

Sprinkler systems, per square foot .....0.015

Fire alarm systems, per square foot .....0.015

Hood systems .....75.00

Other extinguishment systems .....75.00

Standpipes, per square foot .....0.015

Spray booths .....75.00

Hydrant flow test .....100.00

Construction inspection:

Plan reviews .....50.00
+ $0.015 per
square foot

Certificate of occupancy .....50.00

Hazardous materials:

As required by Table 105.6.20 of the North Carolina Fire Prevention Code .....150.00

Fines:

Life safety violations

First offense .....125.00

Second offense .....300.00

Third offense .....750.00

No key holder response .....100.00

Any work started prior to issuance of a permit is subject to permit fees × 2

Standby personnel:

Minimum of four-man engine company, per hour .....100.00

The following will be exempt from the user fee schedule:

The City of Statesville.

The State of North Carolina.

The United States Government.

Fees will be charged on a per inspection basis. A building with multiple tenants, each tenant will be assessed.

(Code 1959, § 9-2; Ord. No. 26-96, 6-3-96; Ord. No. 2-03, 1-15-03; Ord. No. 30-05, 7-18-05; Ord. No. 12-10, § 11(Att. A), 6-7-10)

(a)

Whenever the word "municipality" is used in the fire prevention code adopted in this article, it shall be held to mean the city.

(b)

Wherever the term "corporation counsel" is used in the fire prevention code adopted in this article, it shall be held to mean the attorney for the city.

(Code 1959, § 9-3)

Editor's note— Ord. No. 50-92. adopted Dec. 7, 1992, amended this Code by deleting § 9-54, pertaining to amendments of the 1982 edition of the Fire Prevention Code, as it derived from § 9-10 of the 1959 Code and Ord. No. 45-84, adopted July 15, 1984.

All persons, firms, or corporations when storing, handling or using any hazardous materials as described in Volume 5, N.C. Fire Prevention Code of the North Carolina Building Code shall report in writing to the fire marshal's office immediately upon delivery of the same upon or to the premises, the nature, kind or type of the materials, and shall abide by his written or oral instructions, directives, and orders concerning same.

(Code 1959, § 9-4; Ord. No. 45-84, 7-15-84; Ord. No. 52-92, 12-7-92)

(a)

Any person who shall violate any of the provisions of the fire prevention code adopted in this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build 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 shall fail to comply with such an order as affixed or modified by the chief of the bureau of fire prevention or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be subject to a civil penalty to be recovered by the city pursuant to the provisions of section 1-7. The imposition of a penalty for such violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

(b)

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1959, § 9-14; Ord. No. 25-87, 6-15-87)