<div class="chunk-title">Sec. 16-6. - Duties and authority of fire marshal's office.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Inspection of buildings and premises.</span> Subject to the limitations and conditions stated in the state building code, it shall
               be the duty of the fire marshal's office to inspect or cause to be inspected as often
               as he may deem necessary or appropriate all buildings, structures and premises, such
               as schools, churches, day care facilities, commercial buildings, foster homes, group
               homes, nursing homes and hospitals, within his jurisdiction, for the purposes of ascertaining
               and causing to be corrected any condition which may cause fire or explosion, or any
               violations of the provisions of this chapter, or any other ordinances pertaining to
               fire or explosion hazards. Inspections may be announced or unannounced. Included in
               the fire marshal's office power to inspect is the authority to take photographs or
               videotapes of violations. The fire marshal's office shall make inspections of buildings,
               institutions, facilities and premises required to be inspected by the North Carolina
               State Fire Prevention Code and G.S. Â§ 115C-525(b), based on the following schedule:
               </p>
            		
            <p class="b0">
               One 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.
               </p>
            <p class="b0">
               One every two years: Educational, except public schools, and industrial.
               </p>
            <p class="b0">
               Once every three years: Business, mercantile, storage, churches and synagogues.
               </p>
            <p class="b0">
               Twice every year: Public and private schools.
               </p>
            <p class="b0">
               Frequency rates for inspections of occupancies as mandated by the state General Statutes
               shall supersede the above schedule. Nothing in this section shall prevent the fire
               marshal's office from conducting more frequent inspections than the schedule listed
               above or any schedule promulgated by any state regulatory agency.
               </p>
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Investigation of fires and keeping records.</span> The fire marshal's office shall investigate the cause, origin and circumstances of
               every fire occurring in the county which is of a suspicious nature or which involves
               loss of life or injury to persons, or when notified by the sheriff's department, or
               any fire department of a fire protection district or when circumstances warrant. Such
               investigation shall begin immediately upon occurrence of such fire and if it appears
               that such fire is of suspicious origin the county fire marshal's office 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. 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 believed to be of suspicious origin. The fire marshal's office investigative
               powers and responsibilities shall include photographing and/or videotaping the scene,
               evidence collection pertaining to origin and cause, and other activities necessary
               to determine the origin and cause in accordance with nationally set standards.
               </p>
            		
            <p class="b0">
               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 except those deemed confidential by law.
               The fire marshal's office shall keep records of all reports of alleged violations
               of this chapter.
               </p>
            <p class="b0">
               The fire marshal's office shall require all fire protection districts to keep a record
               of all emergency alarms and submit reports of these alarms to the fire marshal's office
               as the fire marshal may prescribe.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Fire prevention programs.</span> The fire marshal's office shall assist fire departments, schools, industries and
               the general public in developing fire prevention programs. The fire marshal's office
               shall also plan and conduct public fire prevention and safety programs, answer public
               inquiries on fire prevention matters and speak before clubs, societies, schools and
               other organizations on fire prevention and safety.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Fire prevention advice, plan approval and signing of certificates of occupancy.</span> The fire marshal's office shall provide fire prevention advice to engineers, architects
               and contractors responsible for the construction or alteration of buildings. The fire
               marshal's office shall also review and approve building plans, site plans, water distribution
               plans and all plans necessary for construction. It shall be a violation of this chapter
               to begin construction without receiving the fire marshal's office approval of plans.
               Professional certification of all plans shall be required by the fire marshal's office.
               The fire marshal's office shall issue construction permits required by this chapter
               and is hereby authorized to sign off on certificates of occupancy for buildings or
               structures governed by this chapter.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Applications and permits.</span> The fire marshal's office shall require and evaluate applications and issue, if approved,
               all permits for those conditions as prescribed in the North Carolina State Fire Prevention
               Code and this chapter. The fire marshal's office may refuse or deny the issuance of
               a permit if all of the conditions of this chapter or other policies and procedures
               promulgated by him have not been met.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Fees.</span> The fire marshal's office shall charge and collect such fees and civil penalties
               as the county board of commissioners may authorize and adopt as a part of this chapter.
               The fire marshal's office shall also charge and bill users of services, any user fees
               instituted and adopted by the board of county commissioners. The specific kind of
               fees and the amount thereof shall be fixed in an annual schedule of fire prevention
               fees approved by the board in coordination with the annual budget ordinance.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Entry upon premises.</span> For the purpose of conducting inspections, responding to complaints and making investigations
               pursuant to this chapter, the fire marshal and his officers are hereby authorized
               to enter upon private premises, including any building or other structure subject
               to this chapter, after obtaining the consent of the owner or occupant. If consent
               to enter is withheld or denied by the owner or occupant, the fire marshal or his designated
               representative shall seek an administrative inspection warrant.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Emergency entry.</span> The county fire marshal or his authorized representatives or any fire chief or their
               authorized representatives of fire departments serving fire protection districts 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.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Fire lanes.</span> The county fire marshal shall have the authority to require the designation of fire
               lanes. He shall also have authority to require owners or occupants to erect all signs
               necessary to designate an area a fire lane. Fire lanes shall be designated pursuant
               to <a href="" data-chunk-id="COOR_CH16FIPRPR_S16-9PRDEFILA" class="section-link" data-product-id="12650">section 16-9</a>.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Removal of obstructions and illegally parked vehicles.</span> The county fire marshal or his officers shall have the authority to remove any vehicle
               found obstructing any fire station, fire hydrant, fire protection equipment or designated
               and marked fire lane.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Enforcement remedies.</span> In enforcing this chapter, the fire marshal's office is authorized to issue notices
               of violation, corrective or abatement orders, stop work orders, citations and civil
               penalties, to cause the issuance of criminal summons and to seek injunctive relief
               from the courts. The fire marshal shall have the authority to summarily abate any
               condition that is in violation of any provision of this chapter or the North Carolina
               State Fire Prevention Code and that presents an immediate fire hazard to life or property.
               </p>
            		
            <p class="historynote0">
               (Ord. of 4-26-93, Â§ 7; Ord. of 8-14-06(2), Â§ 4)
               </p></div>