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HomeMy WebLinkAboutAgenda - 05-02-2017 - 8-e - Adoption of the NC Fire Code Inspection Schedule 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2, 2017 Action Agenda Item No. 8-e SUBJECT: Adoption of the NC Fire Code Inspection Schedule DEPARTMENT: Emergency Services, Fire Marshal Division ATTACHMENT(S): INFORMATION CONTACT: 1) Excerpt from December 7, 1992 Jason Shepherd, 919-245-6151 Board of Commissioners Minutes 2) December 31, 1992 Letter to NC Department of Insurance 3) NC Fire Code — Section 106 Inspections PURPOSE: To approve a revision to the County's fire code inspection schedule in order to comply with Section 106 — Inspections. BACKGROUND: The North Carolina Fire Prevention Code states, "In order to preserve and protect health and safety and to satisfy the requirements of General Statute 153A-364 and General Statute 160A-424, political subdivisions assuming inspection duties, as set out in General Statute 153A-351 and General Statute 160A-411, shall have periodic inspection schedule for the purpose of identifying activities and conditions in buildings, structures and premises that pose dangers of fire, explosion or related hazards. Such inspection schedule shall be approved by the local governing body and shall be submitted to the Office of State Fire Marshal of the Department of Insurance." On December 7, 1992, the Orange County Board of Commissioners adopted a schedule of periodic fire safety inspections from Volume V of the North Carolina Fire Prevention Code. A copy of that approval is attached. Since the original adoption of a schedule in 1992, there have been five (5) revisions to the NC Fire Code which include additional occupancies or grouping of occupancies since the Volume V schedule was adopted. Below is the schedule to be proposed for adoption. Semi-Annual Public Schools Once Every Year Hazardous, institutional, high-rise, assembly except those noted below, private educational and residential except one- and two family dwellings and only interior common areas of dwelling units of multi-family occupancies. Any occupancy containing a commercial cooking system. 2 Once Every Two Years Industrial, Foster Care Once Every Three Years Assembly occupancies with an occupant load less than 100, business, mercantile, storage, churches, synagogues and miscellaneous Group U occupancies. FINANCIAL IMPACT: There is no substantial increase to owners of buildings within the scope of the fire code that operates in Orange County and the receipt of those monies for inspections conducted from this schedule generates revenue for the County. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. RECOMMENDATION(S): The Manager recommends that the Board adopts the schedule of inspections as detailed above. Excerpt from December 7, 3 P Attachment 1 1992 Board of Commissioners Minutes 1 APPROVED 2/1/93 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 7, 1992 The Orange County Board of Commissioners met in Regular Session on December 7, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commis- sioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., and Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe, Personnel Analyst Lana Chandra, Supervisor of Erosion Control Warren Faircloth, Director of Housing and Community Development Tara Fikes, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, EMS Director of Administration Jeanette Smith, Social Services Director Marti Pryor-Cook, Health Director Dan Reimer, EMS Fire Marshall Mike Tapp, EMS Director Nick Waters, and Planner Mary Willis. A. OATHS OF OFFICE FOR BOARD MEMBERS The Oath of Office was given to Moses Carey, Jr. and Don Willhoit by Clerk to the Board Beverly Blythe. These signed oaths are on file in the Clerk's Office and in the Clerk of Courts Office. For the record, Moses Carey, Jr. was reelected for his third term as County Commissioner and Don Willhoit was reelected for his fifth term as County Commissioner. B. BOARD ORGANIZATION 1. ELECTION OF CHAIR AND VICE-CHAIR The Board elected Moses Carey, Jr. as Chair until the first meeting in December, 1993. The vote was unanimous. The Board elected Stephen H. Halkiotis as Vice-Chair until the first meeting in December, 1993. The vote was unanimous. 2s VOTING DELEGATE FOR NACO MEETINGS Motion was made by Commissioner Insko, seconded by Commissioner Gordon to nominate Commissioner Willhoit as the voting delegate for the NCACC meeting to be held in Greensboro on December 10 and 11. VOTE: UNANIMOUS G. APPOINTMENTS 1. MANAGER Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to appoint John M. Link, Jr. as County Manager. VOTE: UNANIMOUS 2. CLERK TO THE BOARD 4 3 B. FIRE INSPECTION SCHEDULE The Board approved a schedule of periodic fire safety inspections within Orange County's jurisdiction as required by the State of North Carolina and included in the agenda abstract. C. ECONOMIC DEVELOPMENT FUNDING BY THE GENERAL ASSEMBLY The Board approved the resolution as stated below and authorized the Chair to sign: RESOLUTION 92/93 BY ORANGE COUNTY WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the state; and WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and WHEREAS, the 1992 General Assembly recognized this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and WHEREAS, in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park. NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners requests the release of its $6,338.65 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 900, House Bill 1340, section 180 of the 1992 Session Laws. D. ANNUAL CONTRIBUTIONS CONTRACT SECTION 8 CERTIFICATE/VOUCHER PROGRAMS The Board approved and authorized the Chair to sign the Resolution as stated below: RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT WHEREAS, the Orange County Housing Authority (herein called the "PHA") proposes to enter into an Annual Contributions contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein call the "Government") . NOW, THEREFORE, BE IT RESOLVED BY THE PHA AS FOLLOWS: 111117: 5 Attachment 2 Cfr, "Y1,17 ,777, Uyi (717c), (:7;du,. LAO i' n,JHHJ77' 1,7y, h 71,, 1H7,177H ; 717 rR77f,');- 71f- f t ['or, 1,r,r'wfilthf"r „ 9.qt,„! ptftttt Itt(t t,[3,ttcrott't ",t'tiltttr■ 'ttt.t, ■ttt3 ttf r'',:tratttt rtititt-t, (tt rtr ttt,Lt ,t t rttt 'ttt J, n'tt,tttf-: t,ttc, n " Jfrn 107 Virri ■Arlof rtf If I .H,f fk If .5, ttt,tutrt -rtt 717, 7,A %rffrrr'r IM HI, f f'ff H"31/A ,f' 11, (4rPV) Pf(rPff1r)(1) 1, 1,, r'riur0 ';',1,+trttpt3t- it. ttt tt, r 6 .„. . , . .... „. 01,...., GE CD"UNTY - - ISCEEDUIE OF f&R.101!,21CIAE ; SPCTJON5. As outlined in Section 107 of the North. Carolina. Fire! Prevention Code, w.:,,,,.,ndated safety inspectiol,', s re to be perforoed periodically to ensure a facility ' w cop-- . 14 or4,nce. Fire Safety inspections within Orange County'* jurisdiction. will be performed in accordance with the following schedule: Semi-Annual Public Schools (Every 6 Months) Private Schools nnual. Inspections Hazardous (Once per Year) Institutional. ,.,.. High-Rise Assembly. Resid(tmtial, except one and two family dwellings and dwelling units of multi-family. occupancies Day. Care Facilities Nursin . Holes Foster Care Homes Groul.....:,: Horne4 Biannual Inspections Educational, except public (Once: Every Two Years) and private schools :.t Industrial. Triennil Inspection Busines* ((•,,,nce, Every Three., Years) Mercantile Storage Churches/Synagogues i' I l IF 1 Attachment 3 7 I I SCOPE AND ADMINISTRATION r I i fitlf 11 11 it J`,i� I, this code is not considered a modification and does not Exceptions: ��� h require a permit. p 1. Tents used exclusively for recreational camping t I ,t 105.7.7 Flammable and combustible liquids.A construe- purposes. ,y tion permit is required: �� Rlr if ! 2. Funeral tents and curtains or extensions attached I 1 II 'i 1. To install,repair or modify a pipeline for the transpor- thereto,when used for funeral services. i,I tation of flammable or combustible liquids. i 3. Tents and awnings open on all sides which comply 2. To install,construct or alter tank vehicles,equipment, with all of the following: tanks, plants, terminals, wells, fuel-dispensing sta-I i 3.1. Individual tents shall have a maximum size tions, refineries, distilleries and similar facilities of 700 square feet(65 m2). f , I where flammable and combustible liquids are pro- 1 I duced, processed, transported, stored, dispensed or 3.2. The aggregate area of multiple tents placed �'�� used. side by side without a fire break clearance of not less than 12 feet(3658 mm)shall not 411 3. To install, alter, remove, abandon or otherwise dis- exceed 700 square feet(65 m2)total. I I pose of a flammable or combustible liquid tank. I 1 3.3. A minimum clearance of 12 feet (3658 105.7.8 Hazardous materials. A construction permit is mm) to structures and other tents shall be required to install, repair damage to, abandon, remove, maintained. '„Ja. place temporarily out of service, or close or substantially I I a modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed i/r the amounts listed in Table 105.6.20. I Exceptions: In order to preserve and protect public health and safety and to 1. Routine maintenance. satisfy the requirements of General Statute 153A-364 and Gen- d eral.Statute 160A-424,political subdivisions assuming inspec- 1 2. For emergency repair work performed on an emer- tion duties,as set out in General Statute 153A-351 and General I' I' gency basis, application for permit shall be made Statute 160A-411,shall have a periodic inspection schedule for I 1 within two working days of commencement of the purpose of identifying activities and conditions in build- ,'I work. ��� i gs,structures and premises that pose dangers of fire,explo 105.7.9 Industrial ovens.A construction permit is required sion or related hazards. Such inspection schedule shall be IJ;I for installation of industrial ovens covered by Chapter 21. approved by the local governing body and shall be submitted to Exceptions: the Office of State Fire Marshal of the Department of Insur- II ante.In no case shall inspections be conducted less frequently IL 1. Routine maintenance. than described in the schedule below: 2. For repair work performed on an emergency basis, Once every year Hazardous, institutional, high-rise { application for permit shall be made within two assembly except those noted below, hworking days of commencement of work, and Residential except one-and two 105.7.10 LP-gas.A construction permit for the installation family dwellings and only interior 11 common areas of dwelling units of 1 of or modification to an LP-gas system may be required and multi family occupancies. approved by the North Carolina Department of Agriculture I and Consumer Services, Once every two years Industrial and educational (except public schools), 105.7.11 Private fire hydrants. A construction permit is required for the installation or modification of private fire Once every three years Assembly occupancies with an hydrants, occupant load less than 100. busi- II ness, mercantile, storage, churches, 105.7.12 Spraying or dipping. A construction permit is synagogues, and miscellaneous required to install or modify a spray room,dip tank or booth. Group U occupancies. ' I Frequency 105.7.13 Standpipe systems. A construction permit is F rates for inspections of occu ci pan m es as andated required for the installation,modification or removal from by the North Carolina General Statutes shall supersede this I , service of a standpipe system. Maintenance performed in schedule,Nothing in this section is intended to prevent a juris- # accordance with this code is not considered a modification diction from conducting more frequent inspections than the a ;I1 and does not require a permit. schedule listed above or the schedule filed with the Office of 105.7.14 Temporary membrane structures and tents.A State Fire Marshal of the Department of Insurance. construction permit is required to erect an air-supported On unattended or vacant structures, the fire code official ' temporary membrane structure or a tent having an area in shall affix a letter on the premises in a conspicuous o place at or excess of 400 square feet(37 m2). near the entrance to such premises requesting an inspection in I' 10 2012 NORTH CAROLINA FIRE CODE 11110111111* II ill11111111111111111111tf r %r! SCOPE AND ADMINISTRATION$ ' ,r iii � ' c '• or. • IS is I. 1 i SECTION 107 • � � e •r •.'1 .'t t •• • MAINTENANCE oil Irrir( - t' -d - -. ,r, • • •. ,s , •, -a••r- •f - • . e oc •.•t •. 107.1 Maintenance of safeguards. Whenever or wherever erg ,,, •. •,•- • cu••n or• t h.l .i t•r-, •• • to s,id any device, equipment, system,condition, arrangement, level ,10 w` , - d, •. th-s- • t'• . • the ir- •- of protection, or any other feature is required for compliance i�,, • •- d--u-• t• o.•.t ut- a •-ct'on _r .cc•r with the provisions of this code, or otherwise installed, such pit ' •• ,- tion device, equipment, system, condition, arrangement, level of MI 0!"" / protection, or other feature shall thereafter be continuously 00 l inspection authority.Thefire code official is authorized maintained in accordance with this code and applicable refer enter and examine any building, structure, marine vessel, enced standards. %tide or premises in accordance with Section 104.3 for the 107.2 Testing and operation. Equipment requiring periodic et fa ,, this code. testing or operation to ensure maintenance shall be tested or 14,1� use of enforcing operated as specified in this code. Oth ''6.2 Inspections.Thefire code official is authorized to con- 1,'107.2.1 Test and inspection records. Required test and inspection records shall be available to the fire code official et inspections as are deemed necessary to determine the 0 Mt���ii, compliance with the provisions of this code and to at all times or such records as the fire code official desig %°i tent of comp P prove reports of inspection by approved agencies or individ pates shall be filed with thefire code official. 0�''i als.All reports of such inspections shall be prepared and sub- �rnitted in writing for review and approval. Inspection reports 107.2.2 Reinspection and testing. Where any work or ,� �� jail be certified by a responsible officer of such approved installation does not pass an initial test or inspection, the �' envy or by the responsible individual.The fire code official is necessary corrections shall be made so as to achieve compl- �i% I/I)/i/authorized to engage such expert opinion as deemed necessary ance with this code.The work or installation shall then be i�r, it f�d report upon unusual, detailed or complex technical issues resubmitted to thefire code official fir inspection and test- su nbject to the approval of the governing body. ing. ri ir i�i,11, ' 107.3 Supervision.Maintenance and testing shall be under the � % 106.2.1 Inspection requests. It shall be the duty of the supervision of a responsible person who shall ensure that such Jholder of the permit or their duly authorized agent to notify maintenance and testing are conducted at specified intervals in / % ' i thefire code official when work is ready for inspection. It accordance with this code. �' 1 shall be the duty of the permit holder to provide access to 107.4 Rendering equipment inoperable. Portable or fixed jand means for inspections of such work that are required bv fire-extinguishing systems or devices and fire-warning sys- le 1�l r this code. �j, terns shall not be rendered inoperative or inaccessible except as l ,,` necessary during emergencies, maintenance, repairs, alter- r a i /c 106.2.2 Approval required.Work shall not be done beyond ations,drills or prescribed testing. „/r= the point indicated in each successive inspection without 107.5 Owner/occupant responsibility.Correction and abate- first r �„ obtaining the approval of thefire code official.Thefire 2 inept of violations of this code shall be the responsibility of the ' • ,i code official, upon notification, shall make the requested , 1 �'; inspections and shall either indicate the portion of the con owner.If an occupant creates,or allows to be created,hazard- ous conditions in violation of this code,the occupant shall be struction that is satisfactory as completed,or notify the per held responsible for the abatement of such hazardous condi °°F d 01 mit holder or his or her agent wherein the same fails to ,y, tions. e ,,; comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or 107.6 Overcrowding.Overcrowding or admittance of any per- z // concealed until authorized by thefire code official. thereof shall not be allowed.Thefire ocode official,upon finding 00 106.3 Concealed work.It shall be the duty of the permit a li any overcrowding conditions or obstructions in aisles, pas- •eant to cause the work to remain access ble and ex osedfor sageways or other means of egress,or upon finding any condi p tion which constitutes a life safety hazard,shall be authorized A le znsPection purposes. Whenever any installation subject to to cause the event to be stopped until such condition or obstruc- vl l ,inspection prior to use is covered or concealed without having % tion is corrected. i f r,first been inspected,thefire code official shall have the author- ` °It to require that such work be exposed for inspection.Neither j� Y 1 the fire code official nor the jurisdiction shall be liable for 1e expense J SECTION 108 ' 0, pense entailed in the removal or replacement of any material jrequired to allow inspection. p Y BOARD OF APPEALS go �i q p 1� � See the provisions of the North Carolina Administrative Code ///; and Policies and applicable North Carolina General Statutes. 106.4 Approvals.Approval as the result of an inspection shall ;;not be construed to be an approval of a violation of the provi- 108.1 Board of appeals established. In order to hear and �i stuns of this code or of other ordinances of the jurisdiction. decide appeals of orders,decisions or determinations made by J Y Inspections presuming to give authority to violate or cancel thefire code official relative to the application and rote r reta provisions of this code or of other ordinances of the jurisdiction tion of this code,there shall be and is hereby created a board of ��/4 shall not be valid. appeals.The board of appeals shall be appointed by the govern- ion 2012 NORTH CAROLINA FIRE CODE 11