CHAPTER 12 -
FIRE PROTECTION
Article I - Interference with
Fire Fighting Activities
Section 12-1 Interference with Firemen: False Alarms.......................................................
Section 12-2 Riding on Fire Department Apparatus............................................................
Section 12-3 Congregating at Fires.....................................................................................
Article II - Fire Prevention
Section 12-9 Adoption of Volume V, North Carolina State
Building Code...........................
Section 12-10 Inspections....................................................................................................
Section 12-11 Violations......................................................................................................
Section 12-12 Open Burning...............................................................................................
Section 12-13 Smoke Detectors...........................................................................................
Article III - Miscellaneous
Section 12-16 Fire Limits.....................................................................................................
Section 12-17 Fire Chief.....................................................................................................
Section 12-18 Burnt Utility Poles.........................................................................................
Section 12-19 Penalties and Remedies.................................................................................
Article
I - Interference with Fire Fighting Activities
(A) As
provided in G.S. 69-39, no person may willfully interfere in any manner with
firemen engaged in the performance of their duties.
(B) As
provided in G.S. 14-286, no person may wantonly and willfully give a false
alarm or damage fire alarm, detection, or extinguishing equipment.
No person other than a member of the fire department
may mount or ride upon any fire engine, wagon or apparatus before it leaves the
station or while on its way to or from a fire or at any other time, except by
permission of the fire chief.
It shall be unlawful for persons to congregate on
the streets, sidewalks, or other areas adjacent to a fire so as to interfere
with the operations of members of the fire department.
Sections
12-4 through 12-8 Reserved.
For the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, explosion, or exposure to
hazardous materials, the 1991 edition of the North Carolina State Building
Code, Volume V, Fire Prevention, as adopted and published by the North
Carolina Building Code Council and as amended, is hereby adopted by reference
and is set forth herein as the Fire Code for the Town of Blowing Rock.
(A)
Guidelines to be used during inspections shall be dependent upon the
appropriate section of the Fire Code which covers the occupancy. Public safety shall be considered during any
inspection and shall be the prime direction for any code enforcement
measure. The Fire Official will conduct
as many inspections as necessary to assure compliance with the Fire Code.
(B)
Inspections will be conducted once every year for hazardous,
Institutional, High Rise, Assembly, and Residential except one and two family
dwellings and only interior commons areas of dwelling units of multifamily
occupancies. Inspections will be
conducted once every two years for Educational except public schools and Industrial,
Business, Mercantile Storage, Churches and Synagogues. The Fire Code official will conduct Fire Code
inspections at any occupancy where inspections are required for insurance or
other purposes. Frequency rates for
inspection of occupancies as mandated by the NC General Statutes shall
supersede this schedule. Nothing in the
Fire Code is intended to prevent fire officials from conducting more frequent
inspections than the schedule listed above and filed with the Engineering
Division of the N.C. Department of Insurance.
(C) The Fire
Code Official shall conduct a fire code inspection at any location within Blowing
Rock city limits, where there is reason to believe
that fire code violations may exist.
These inspections will be made in an effort to insure the safety of the
citizens of Blowing Rock and to eliminate hazards and inform the owner/occupant
of the requirements of the Fire Code.
(A) Any
violations or deficiencies noted during the Fire Code inspection will be
reported to the owner and/or occupant (whichever is applicable) both orally and
in writing along with the requirements to correct the deficiency or violation
per code requirements.
(B) If the
violations/deficiencies are not corrected as required by the Fire Code, the
procedures in NCGS 153-371 (failure to comply with order) will be followed.
(A) Fire
Officials will enforce regulations set by N.C. Building Code Volume V for open
burning in the city limits. [Amended January 12, 1993]
(B) Standards
for Open Burning.
(1) The Town will follow the standards for open
burning within the Town limits consistent with Chapter 15A of the North
Carolina Administrative Code Section .1900. It is unlawful for any person to
willfully start or cause to be started any open fire within the Primary Fire
District, as established by Section 12-16 of this Code. Furthermore, it is unlawful for any person to
willfully start or cause to be started any open fire within the Town limits. outside of said Primary Fire District, or its
Extraterritorial Zoning Area without first obtaining a burning permit from the
Town.
(2) It is unlawful for any person to burn or cause to be burned any flammable material within 1000 ft. of any dwelling or structure in a method other than within an enclosure from which burning material cannot escape; or within a protected area where a watch is maintained and adequate fire protection equipment is provided
(a) Prevailing winds at the time of ignition must
be away from any dwelling, structure, major highway, or other populated area,
the ambient air of which may be significantly affected by smoke, fly ash, or
other air contaminates from burning.
(b) Burning may not be initiated when it is
determined by the Fire Chief or his designate based on information supplied by
a competent authority that stagnant air conditions or inversions exist or that
such conditions may occur during the duration of the burn.
(c) Asphaltic material, or items containing natural or synthetic rubber
may not be used to ignite the material to be burned or to promote the burning
of such material.
(3) It shall be
unlawful for any person to willfully start or cause to be started any open fire
within the town limits of Blowing Rock on any Saturday, Sunday, or official
holiday within the period beginning on June 1 and ending on October 31 of any
calendar year.
[Amended July
9, 1996] [Amended October 10, 2006]
(A) General
Provisions:
(1) A minimum of one 120-volt outlet shall be
installed outside each sleeping area in each dwelling unit within single-family
dwellings, two family dwellings, apartment houses, condominiums and/or town
houses for the connection of approved fixed automatic smoke detectors
(non-plug-in) as required in the State Building Code subject to definitions
contained in subsection (B) and exceptions set forth in subsection (A)(3) of this section.
(2) Automatic smoke detector outlets required in
residential dwelling units. Such outlets
shall be located on or near the ceiling in accordance with the listing and the
instructions of the manufacture of the approved automatic smoke detector.
(3) Exceptions:
(a) The 120-volt outlets specified in this
section shall not be required when an approved automatic smoke detector system
is installed which provides equivalent protection and whose primary source of
power is 120-volts.
(b) A battery powered, approved automatic smoke
detector may be used in residential dwelling units constructed prior to January
1, 1975 in lieu of the 120-volt automatic smoke detector outlet required in
this section.
(c) A 120-volt (plug-in-type), automatic smoke
detector may be used in residential dwelling units constructed prior to
January 1, 1975 in lieu of the 120-volt automatic smoke detector outlet
required in this section.
(B) Basic
Definitions and Interpretations:
(1) Automatic Smoke Detector Device (
(2) Automatic Smoke Detector Outlet (120-volt). For the purpose of this Ordinance, a
self-acting approved outlet (non-plug-in) powered by 120-volts operating by its
own mechanism when actuated by smoke, with an audible alarm and a visible light
to indicate operability. (Note: Required in residential dwelling units
constructed after January 1, 1975, as per NEC 210-71, a North Carolina
amendment to the State Electrical Code.)
(3) Automatic Smoke Detector Device (120-volt
plug-in). For the purpose of
this Ordinance, a self-acting approved device powered by 120 volts, cord and
plug connected, operating by its own mechanism when actuated by smoke, with an
audible alarm and a visible light to indicate operability. (Note: May be used in
residential dwelling units constructed prior to January 1, 1975).
(4) Residential Dwelling Units. For the purpose of this Ordinance, a
structure with one or more dwelling units that is not owner occupied apartment
houses, condominiums and/or town houses with three or more dwelling units.
(5) Other Construction Related Words. For the purpose of this Ordinance, certain
abbreviations, terms, phrases, words and their derivatives shall be construed
as set forth in the definition sections of the North Carolina Building Code and
Town of Blowing Rock Code of Ordinances.
(6) Other Wording. For the purpose of the Ordinance, all other
wording shall be defined as per a dictionary.
(C) Building
Owner Responsible. The owner(s)
of a building having a residential dwelling unit or dwelling units shall be
responsible for installing or having qualified persons install outlets as
required by this Ordinance. Installation
of 120-volt automatic smoke detector outlets shall be done by a licensed
electrical contractor.
(D) Permits. Permits will only be required if the type
installation is as outlined in General Statute 160A-417. This Statute explains in detail when permits
are required.
(E) Maintenance. The owner and/or tenant of a residential
dwelling unit shall be responsible for maintaining their automatic smoke
detector and its power source.
(F) Compliance
Date. All residential dwelling
units shall be in compliance with this Ordinance no later than November 15,
1987.
(G) Enforcement
and Inspectors. The Building
Inspectors department shall be responsible for enforcing this Ordinance. Inspectors shall be qualified by the Code
Officials Qualification Board.
(H) Appeals. For the purpose of this Ordinance, appeals
from an inspector’s decision may be taken to the Town of Blowing Rock Board of
Commissioners by filing an appeal with the Town of Blowing Rock Board of
Commissioners within five (5) days of an inspector’s written decision.
(I) Violations
and Penalties:
(1) Any person who shall be adjudged to have
violated this Ordinance shall or may be subject to a civil penalty of up to
$25.00 for each offense. Each day that
such violation continues shall constitute a separate and distinct offense.
(2) The inspector shall make written demand for
payment of the penalty assessed upon the person(s) in violation and shall set
forth in detail a description of the violation for which the penalty has been
imposed. If payment is not received or
the matter for which the penalty was imposed is not in compliance within sixty
(60) days after demand for payment is made, the matter shall be referred to the
Town Attorney for institution of a civil action in the nature of a debt in the
name of the general courts of justice for recovery of the penalty.
(3) Any person who shall be adjudged to have
violated this Ordinance shall be guilty of a misdemeanor and shall, upon
conviction, be liable to a fine not to exceed $50.00 for each offense. Each day that such violation continues shall
constitute a separate and distinct offense.
(J) Severability. Each separate provision of this Ordinance is
deemed independent of all other provisions herein so that if any portion of the
provisions of this Ordinance be declared invalid, all other provisions thereof
shall remain valid and enforceable.
[Amended July
14, 1987]
Sections 12-14 through 12-15
Reserved.
(A) The
primary fire limits shall be shown on the fire zone map as approved and
modified from time to time by the Board.
A copy of this map shall be maintained in the office of the town clerk.
(B) As
provided in G.S. 160A-436, within the primary fire zone no frame or wooden
building or structure or addition thereto may be erected, altered, repaired or
moved (either into the limits or from one place to another within the limits),
except in accordance with a building permit issued by the building inspector
and approved by the Commissioner of Insurance.
When used in this chapter the term "fire
chief" refers to the chief of the town volunteer fire department or any
other person designated by the Board to perform the duties assigned to the fire
chief by this chapter.
It shall be unlawful for any telephone, telegraph or
electric light company to allow any pole belonging to
such company which pole has been charred by fire, to remain in such condition
longer than ten days from the time of the fire, and all such poles shall be
scraped or removed.
(A) A
violation of sections 12-1, 12-2, 12-3, 12-9, 12-11, or 12-12, as well as the
provisions of the A.I.A. Fire Prevention Code adopted by reference in Section
12-10 shall constitute a misdemeanor punishable as provided in G.S. 14-4.
(B) A
violation of any of the sections listed in subsection (A) shall also subject
the offender to a civil penalty of $100.00.
If a person fails to pay this penalty within ten days after being cited
for a violation, the town may seek to recover the penalty by filing a civil
action in the nature of debt.
(C) The town
may seek to enforce this chapter through any appropriate equitable action.
(D) Each day
that a violation continues after the offender has been notified of the
violation shall constitute a separate offense.
(E) The town
may seek to enforce this chapter by using any one or any combination of the
foregoing remedies.