HomeMy WebLinkAboutAgenda - 11-17-20; 8-d - Contract for Orange County Fire Marshal Division to Provide Fire Code Enforcement in Town Limits of Hillsborough 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 2020
Action Agenda
Item No. 8-d
SUBJECT: Contract for Orange County Fire Marshal Division to Provide Fire Code
Enforcement in Town Limits of Hillsborough
DEPARTMENT: Emergency Services Fire
Marshal Division
ATTACHMENT(S): INFORMATION CONTACT:
Draft Agreement Jason B. Shepherd, Fire Marshal -
919-245-6151
Dinah Jeffries, Emergency Services
Director - 919-245-6123
Margaret Hauth, Planning Director Town
of Hillsborough - 919-296-9471
PURPOSE: To approve an agreement between Orange County Fire Marshal Division and the
Town of Hillsborough to provide fire code enforcement in the town limits of Hillsborough.
BACKGROUND: The town fire marshal retired September 30, 2020. The town currently has a
part time Level 1 fire inspector who works 30 hours a week. The Code of Qualifications Board that
oversees fire inspector certification under the North Carolina Office of State Fire Marshal sets
limitations on the scope of fire code enforcement. County Fire Marshal staff has capability to
provide fire code enforcement without restrictions of occupancy and permitting due to their Level
3 certification. The Town of Hillsborough has requested county staff to support the town with Level
2 and Level 3 fire code enforcement. Due to jurisdictional restrictions for inspection departments,
an inter-local agreement shall be in place for county staff to assist the town with fire code
enforcement services. Planning Director Margaret Hauth approached the Town Board of
Commissioners on Monday, October 26, 2020 and they approved this agreement with Orange
County.
Examples of Certification Level for Fire Inspectors
Level I Occupancy
• Business
• Assembly 1 story, 20,000 sf
• Mercantile
• Residential
• Storage S-2
• Factor Industrial F-2
• Utility
• Excluding Highrise*
Note: A Level I fire inspector shall not conduct any plan review on any building, highrise or
other.
2
Level I I Occupancy
• Everything in Level I
• Assembly — unlimited
• Educational
• Factory F-1
• Storage S-1
• Excluding Highrise*
Note: A level 11 fire inspector is authorized to conduct plan review of all occupancies in Level
I and 11.
Level III Occupancy
• Everything in Levels I and 11
• Hazardous
• Institutional
• Highrise
• (Unlimited Occupancies)
Note: A level III fire inspector is authorized to conduct plan review of all occupancies in Level
I, II and III.
FINANCIAL IMPACT: Fire inspection services conducted in the town by county staff will generate
revenue per the adopted fee schedule for permits and inspections.
SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this agenda item:
• Goal: Create a Safe Community
o The reduction of risks from vehicle/traffic accidents, childhood and senior injuries,
gang activity, substance abuse and domestic violence.
ENVIRONMENTAL IMPACT: There is no environmental impact is associated with this abstract.
RECOMMENDATION(S): The Manager recommends the Board approve the agreement
between Orange County Fire Marshal Division and the Town of Hillsborough and authorize the
Manager to sign the agreement pending final review by the County Attorney.
3
NORTH CAROLINA
ORANGE COUNTY
ORANGE COUNTY-TOWN OF HILLSBOROUGH
FIRE INSPECTION SERVICE AGREEMENT
This AGREEMENT made and entered into this the day of November 2020,by and between
Orange County, a local political subdivision of the State of North Carolina (referred to as
"County") and the Town of Hillsborough, a North Carolina Municipality, (referred to as "Town"),
to conduct and provide oversight for fire code enforcement within Town's jurisdiction as mandated
by the State of North Carolina pursuant to the authority contained Chapter 160D of the North
Carolina General Statutes.
WHEREAS, the Town has assumed the duties of performing fire inspections through its Fire
Inspector of the Level One facilities within the jurisdiction of the Town and requires the County's
assistance to conduct and provide oversight for Level Two and Three fire safety inspections.
NOW,THEREFORE, for and in consideration of the mutual terms and agreements hereinafter
set forth, the County and the Town do agree as follows:
1. County will carry out, or cause to be carried out, within Town's jurisdiction all fire code
enforcement duties outlined in the most recent North Carolina Fire Prevention Code as
adopted by the North Carolina Building Code Council. The Town's Level One certified
inspector shall perform inspections for Level One facilities only. County staff will
conduct the Town Level Two and Level Three certified inspections.
2. The Town Fire Inspector has completed training for Level Two activities and will take
the Level Two exam by the end of the calendar year 2020. Once the Town Fire Inspector
has received a full Level Two certificate, County shall cease conducting Level Two
activities, and the Town Fire Inspector will perform Level Two certified responsibilities.
3. The County will provide oversight, mentoring, and supervision to the Town Fire
Inspector to assist in preparing and attaining the State certification for Level Three fire
inspections. The County will conduct Level Three inspections until all Level Three
facilities have been inspected,the Town has a Level Three certified inspector on staff, or
an agreement for all fire inspection services is in place with Orange County. The Town
Fire Inspector will not participate in any Level Three fire inspections independent of the
County.
4. The Town will share its list and schedule that identifies buildings, structures, and
premises, which are of priority for inspections within the Town's jurisdiction.
5. The County Fire Marshal will submit to the Town a copy of each fire safety inspection
performed by the County within Town's jurisdiction.
6. The County Fire Marshal will charge and collect fees for inspections and related services
4
performed under this agreement in accordance with the current fee schedule adopted by
the Board of County Commissioners as compensation for assistance to the Town.
7. County will inspect all public school facilities within County's and Town's jurisdictions
and all facilities owned by the County.
8. The County will perform plans review in conjunction with the Orange County Planning
Department, and the Town Fire Inspector will participate in all levels of plans review
and corresponding inspections where a Certificate of Occupancy is issued. This review
shall include reviews of any changes made to plans after issuing a building permit and
the issuance of a Certificate of Occupancy. A minimum of Level Two certification is
required for Level One and Level Two Plans Review, and a Level Three certification is
required for Level Three Plans Review.
9. The Town will maintain in full force,and effect all adopted ordinances,codes,regulations
in force as of the date of this agreement, unless or until this agreement expires, is
terminated, or a decision is made by the Town to fully out-source fire inspection services
within the Town's jurisdiction.
10. The Town has assumed responsibility and liability for inspections and enforcement in
accordance with the North Carolina Fire Prevention Code for all Level One and facilities
inspected by the Town's staff. When the Town's inspector is certified at Level Two, the
Town will likewise assume responsibility and liability for inspection and enforcement for
Level Two facilities. The County will accept full responsibility and liability for
inspections and enforcement in accordance with the North Carolina Fire Prevention Code
for all Level Two and Level Three facilities until the Town accepts responsibility or this
agreement expires or is terminated.
11. Nothing in this agreement shall prevent appropriate Town agencies or personnel from
assisting in the enforcement of the North Carolina Fire Prevention Code and in detecting
and reporting such violations as they deem necessary.
12. This agreement will be in effect through June 30,2021; it may be revised and/or renewed
beyond that date if mutually agreed upon in writing by Parties. This agreement may be
terminated by either party by giving 90 (ninety) days written notice.
IN WITNESS WHEREOF, the undersigned do hereby cause this agreement to be executed this
the day,November 2020.
5
SIGNATURE PAGE
Orange County,North Carolina
By:
Bonnie Hammersley, County Manager
Town of Hillsborough,North Carolina
By:
Eric Peterson, Town Manager
This instrument has been pre-audited in the manner required by the Local Government Fiscal and
Control Act.
, Town Finance Officer