chapter 05 -  OFFICE OF STATE FIRE MARSHAL

 

SUBCHAPTER 05A ‑ FIRE AND RESCUE

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

11 NCAC 05A .0101         DEFINITIONS

As used in this Subchapter:

(1)           "ISO" means the Insurance Services Office, Inc., or any successor organization.

(2)           "North Carolina Fire Suppression Rating Schedule" or "NCFSRS" means the ISO Fire Suppression Rating Schedule. The NCFSRS is incorporated into this Subchapter by reference, including subsequent amendments or editions. The NCFSRS may be obtained from the ISO at http://www.iso.com/ for a fee of one hundred dollars ($100.00). Fire chiefs and local government chief administrative officials may request a single copy of the FSRS, free of charge at www.iso.com.

(3)           "NFIRS" means the National Fire Incident Reporting System administered by the United States Fire Administration (USFA) and coordinated and collected in North Carolina by the Office of the State Fire Marshal. State fire incident reporting instructions are provided by OSFM at http://www.ncdoi.com/OSFM/Fire_Rescue_Commission/Default.aspx?field1=Incident_Reporting_-_Information&user=Incident_Reporting for no charge and satisfy NFIRS reporting requirements.

(4)           "Office of State Fire Marshal" or "OSFM" means the Office of State Fire Marshal of the North Carolina Department of Insurance

 

History Note:        Authority G.S. 58-2-40;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. February 1, 2017; September 1, 2010; October 1, 2006; July 1, 1986.

 

11 NCAC 05A .0102         PURPOSE OF DIVISION

 

History Note:        Authority G.S. 11‑23; 58‑7.3; 58‑9; 69‑19; 118‑1 through 118‑17; 118A‑3;                          147‑33.1;

Eff. February 1, 1976;

Amended Eff. July 1, 1986;

Repealed Eff. July 1, 1988.

 

11 NCAC 05A .0103         MAILING ADDRESS

All requests for information, assistance, training, or required reports shall be directed to: North Carolina Department of Insurance, Office of State Fire Marshal, 1202 Mail Service Center, Raleigh, NC 27699-1202.

 

History Note:        Authority G.S. 58-2-40;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. October 1, 2006; July 1, 1986.

 

11 NCAC 05A .0104         DIVISION PERSONNEL

 

History Note:        Authority G.S. 58‑7.3; 58‑9;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. July 1, 1986;

Repealed Eff. July 1, 1988.

 

11 NCAC 05A .0105         TRAINING OPERATIONS

 

History Note:        Authority G.S. 58-2-40; 58-78-10;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. October 1, 1988;

Repealed Eff. May 1, 2017.

 

SECTION .0200 ‑ STATE VOLUNTEER FIRE DEPARTMENT

 

11 NCAC 05A .0201         ADMINISTRATION OF STATE VOLUNTEER FIRE DEPARTMENT

 

History Note:        Authority G.S. 58-2-40; 58-80-1 thru 58-80-60;

Text Box: General Statutes















G.S. 58-84-40


G.S. 58-84-40(b)































Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. April 8, 2002; July 1, 1986;

Repealed Eff. May 1, 2017.

 

11 NCAC 05A .0202         COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

The Commissioner of Insurance acts as an advisor to the Governor for Structural Fire Suppressions and Rescue Services under the North Carolina Emergency Operations Plan and assists other state and local agencies through the OSFM in the following areas:

(1)           planning in the fire and rescue services;

(2)           training in the various fields of emergency structural fire suppression, rescue services, search and rescue, fire prevention and education;

(3)           serving as the lead agency for Structural Fire Suppressions and Rescue Services during these declared emergencies; and

(4)           serving as a support agency for search and rescue functions during these declared emergencies.

 

History Note:        Authority G.S. 58-2-40;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. February 1, 2017; July 1, 1986.

 

 

SECTION .0300 ‑ FIREFIGHTERS' RELIEF FUND

 

11 NCAC 05A .0301         ELIGIBLE MEMBERS

 

History Note:        Authority G.S. 58-2-40(1); 58-84-40;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. September 1, 2010; October 1, 2006; February 1, 1993; July 1, 1986;

Repealed Eff. May 1, 2017.

 

11 NCAC 05A .0302         CERTIFICATION OF ELIGIBILITY

The certification form required by G.S. 58-84-46 shall be entitled "Local Relief Fund Board of Trustees Report" and shall, include the following:

(1)           the name of the city, fire district, or sanitary district;

(2)           names, home addresses, email addresses, and phone numbers of the "board of trustees of the local Firefighters' Relief Fund";

(3)           identify of the treasurer and board chair of the local Firefighters' Relief Fund; and

(4)           the date each person was (re)elected or (re)appointed to the board.

Text Box: General Statutes
G.S. 58-84-30
G.S. 58-84-46



































G.S. 58-84-30 (1)(2)(3)

History Note:        Authority G.S. 58-2-40(1); 58-84-46;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. February 1, 2017; September 1, 2010; October 1, 2006; July 1, 2002; February 1, 1993; July 1, 1986.

 

11 NCAC 05A .0303         ADMINISTRATION OF FIREFIGHTERS' RELIEF FUND

(a)  OSFM shall compile and maintain records, including the following information:

(1)           certifications of the "Local Relief Fund Board of Trustees Report" filed in accordance with G.S. 58-84-46;

(2)           certifications filed by the North Carolina State Firemen's Association in accordance with G.S. 58-84-40(b);

(3)           amount of Firefighters' Relief Fund tax assigned by the North Carolina Department of Revenue; and

(4)           amount of property tax values for each rated fire district as filed by each County.

(b)  If a fire department dissolves, the following procedures apply:

(1)           If a neighboring fire department elects to expand its boundaries to include the area served by the dissolved fire department, the Firefighters' Relief Fund account shall be transferred to the expanding fire department.

(2)           If no neighboring fire department elects to include the dissolved fire department's territory into its own, the dissolved fire department shall not be certified and shall forfeit its right to future annual payments from the Firefighters' Relief Fund.

(c)  If a rated and certified fire department that is serving two or more rated and certified districts divides into separate fire departments, the original rated and certified fire department shall retain the relief fund for each rated and certified district. Any new fire department resulting from the division shall be entitled to receive relief fund money after it has been rated and certified in accordance with 11 NCAC 05A .0503.

(d)  Fire department checks shall be disbursed by the Department of Insurance Controllers office to the fire departments in that county through Electronic Funds Transfer, unless a fire department's account cannot accept electronic funds transfers, in which case the Commissioner shall distribute the department's allocation by paper check.

 

History Note:        Authority G.S. 58-2-40(1); 58-84-25; 58-84-40; 58-84-50; 58-85-1;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. February 1, 2017; September 1, 2010; February 1, 1993; July 1, 1986.

 

SECTION .0400 ‑ ADMINISTRATION OF OTHER FUNDS

 

11 NCAC 05A .0401         FIREMEN'S PENSION FUND

11 NCAC 05A .0402         FIREMEN AND RESCUE SQUAD IN LINE OF DUTY DEATH BENEFIT

 

History Note:        Authority G.S. 118A‑19; 143‑166.1 through 143‑166.7;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Repealed Eff. July 1, 1986.

 

11 NCAC 05A .0403         RURAL VOLUNTEER FIRE DEPARTMENT FUND

11 NCAC 05A .0404         RESCUE SQUAD WORKERS' RELIEF FUND

 

History Note:        Authority G.S. 118‑50; 118‑61;

Eff. October 1, 1988;

Repealed Eff. February 1, 1993.

 

SECTION .0500 - INITIAL CERTIFICATION AND RESPONSE RATINGS FOR FIRE DEPARTMENTS

 

11 NCAC 05A .0501         PURPOSE

 

History Note:        Authority G.S. 58-2-40; 58-86-25;

Eff. September 1, 1985;

Amended Eff. October 1, 2006: July 1, 1992; July 1, 1986;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0502         QUALIFICATIONS

11 NCAC 05A .0503         ESTABLISHMENT OF FIRE DEPARTMENT

11 NCAC 05A .0504         PRIMARY PERSONNEL

 

History Note:        Authority G.S. 58‑2-40; 58-84-5; 58-86-25; 143-166.1;

Eff. September 1, 1985;

Amended Eff. February 1, 2017; October 1, 2006; July 1, 1992; July 1, 1986;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0505         DRILLS AND MEETING REQUIREMENTS

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-78-5; 58-86-25;

Eff. September 1, 1985;

Amended Eff. October 1, 2010; October 1, 2006; July 1, 1992;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0506         ALARM AND COMMUNICATIONS

11 NCAC 05A .0507         RECORDS AND DOCUMENTS

 

History Note:        Authority G.S. 58-2-40; 58-79-45;

Eff. September 1, 1985;

Amended Eff. February 1, 2017; September 1, 2010; October 1, 2006; July 1, 1992;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0508         APPARATUS

 

History Note:        Authority G.S. 58-2-40; 58-36-10(3); 58-86-25;

Eff. September 1, 1985;

Amended Eff. October 1, 2006; August 3, 1992;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0509         FIRE STATION

 

History Note:        Authority G.S. 58‑2‑40; 58‑86‑25; 143‑166.1;

Eff. September 1, 1985;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0510         INSPECTION

 

History Note:        Authority G.S. 58-2-40; 58-36-10(3); 58-86-25;

Eff. September 1, 1985;

Amended Eff. October 1, 2006; July 1, 1992;

Repealed Eff. February 1, 2017.

 

11 NCAC 05A .0511         SIX MILE INSURANCE DISTRICT

 

History Note:        Authority G.S. 58-2-40; 58-86-25; 58-40-25(4);

Eff. October 1, 2006;

Repealed Eff. January 1, 2018.

 

11 NCAC 05A .0512         STANDARDS AND POLICIES

 

History Note:        Authority G.S. 58-2-40; 58-36-10(3);

Eff. October 1, 2006;

Amended Eff. February 1, 2017;

Repealed Eff. January 1, 2018.

 

SECTION .0600 - VOLUNTEER FIRE DEPARTMENT FUND

 

11 NCAC 05A .0601         DEFINITIONS

 

History Note:        Authority G.S. 58-2-40(1); 58-87-1;

Eff. February 1, 1993.

Repealed Eff. February 1, 2017.

 

11 NCAC 05A .0602         FIRE DISTRICT RATING CERTIFICATION

If a fire department is working with OSFM to obtain its fire district rating certification as of March 1, it may apply for a grant. In order to receive a grant, the fire department shall obtain its fire district rating certification within 60 days after OSFM has determined that the fire department has otherwise satisfied the requirements of G.S. 58-87-1 and the rules in this Section.

 

History Note:        Authority G.S. 58-2-40(1); 58-36-10(3); 58-87-1;

Eff. February 1, 1993;

Amended Eff. February 1, 2017.

 

11 NCAC 05A .0603         REQUIREMENTS

(a)  A department shall apply for a grant by using an online application made available by OSFM. This application shall contain the following information:

(1)           general contact information for the applicant;

(2)           a description of the department, including the names and total number of active members, services provided, the number of volunteers and paid personnel and the total annual salary;

(3)           a list of current vehicles owned by the department;

(4)           total county and city funding received by the department;

(5)           contract information for each city and county; and

(6)           a list of equipment requested by the department.

(b)  Online applications shall be submitted to OSFM and be electronic date stamped no later than March 1. Applications bearing electronic date stamps later than March 1 shall be disqualified.

(c)  Any application received by OSFM that is incorrect or incomplete shall be returned to the department with a request that the correct or complete information be sent to OSFM within 10 business days after receipt by the department. The failure of the department to return the requested correct or complete information shall result in the forfeiture by the department of its eligibility for a grant during that grant cycle.

(d)  Any department listed on the Office of State Budget and Management Suspension of Funding List for Non State Entities available at http://www.osbm.state.nc.us/ shall be ineligible to participate in the grant program until the department is removed from the Suspension of Funding List pursuant to G.S. 143C-6-23. If a department is awarded a grant and becomes ineligible to receive funding due to being listed on Suspension of Funding List, the department may be required to forfeit the grant pursuant to 09 NCAC 03M .0801.

(e)  If the application includes a request for a motor vehicle, the vehicle specifications shall accompany the application. If a used vehicle is requested, then the previous year's maintenance records shall accompany the application. Maintenance records shall consist of items such as weekly or monthly vehicle checks that would include annual inspections, oil changes, fuel level, tire pressure, mileage, hour meter, and other pertinent fluid levels and service test records, if applicable.

(f)  The following documents shall accompany a grant application:

(1)           A contract verification form showing an agreement between the department and a county for the department to provide fire protection to a district;

(2)           A current roster comprising a list of "eligible firefighters" as defined in G.S. 58-86-2;

(3)           A financial statement of the department; and

(4)           A statement verifying that the department is financially able to match the grant in accordance with G.S. 58-87-1(a1)(2).

(g)  Statements that there are no overdue taxes, conflict of interest statements as defined in G.S. 143C-6-23(b), payment agreements, and equipment invoices shall be received by OSFM no later than September 30 following the announcement of grant recipients. Departments submitting incorrect invoices, such as sales orders, acknowledgements, and packing slips, on or before September 30 shall be contacted by OSFM and given 10 business days to submit correct documents. The failure of any department to comply shall result in the department forfeiting its eligibility for a grant from the Fund. Equipment or capital improvements that are ordered by a department before May 15 or equipment that is back-ordered by a vendor for a department or equipment not received by a department on or before September 30 shall not be funded by grants from the Fund.

(h)  OSFM may extend the September 30 deadline for invoice submission for the following:

(1)           new vehicles;

(2)           self-contained breathing apparatus;

(3)           personal protective equipment; or

(4)           capital improvements.

(i)  In order for the deadline to be extended pursuant to Paragraph (h) of this Rule, the department shall notify OSFM in writing by August 31. OSFM shall review the grant extension request and may approve an extension of up to 90 days. If an extension greater than the initial 90 days is needed by the department, another written request shall be submitted to OSFM no later than 30 days prior to the end of the first extension. The first extension shall be for 90 days, any subsequent extension and its length shall be determined by OSFM based on the information provided, but shall not exceed 90 days. Extensions may be granted for the following reasons: manufacturing delays, state declared disasters, shipping delays, and supply shortages.

 

History Note:        Authority G.S. 58-2-40(1); 58-87-1;

Eff. February 1, 1993;

Amended Eff. May 1, 2017; September 1, 2010; January 1, 2007.

 

11 NCAC 05A .0604         OTHER GRANT CRITERIA

In addition to criteria in G.S. 58-87-1, in awarding grants the Commissioner of Insurance shall consider the following criteria in relation to each fire department:

(1)           number of paid personnel;

(2)           personnel salary paid by the unit or the city or county;

(3)           number and age of vehicles;

(4)           county population density;

(5)           county per capita income;

(6)           source of fire department funding, including the following funding sources for the last fiscal year:

(a)           city or county funding;

(b)           fire tax;

(c)           sales tax;

(d)           contracted services;

(e)           revenue from EMS billing;

(f)            fund raising;

(g)           donations; and

(h)           revenue from non-OSFM grants.

(7)           cash balance as of the beginning of current fiscal year;

(8)           protective equipment requested;

(9)           miscellaneous equipment requested;

(10)         vehicles requested;

(11)         capital improvements requested; and

(12)         current fire insurance rating.

 

History Note:        Authority G.S. 58-2-40(1); 58-87-1;

Eff. February 1, 1993;

Amended Eff. February 1, 2017.

 

SECTION .0700 - VOLUNTEER RESCUE/EMS FUND

 

11 NCAC 05A .0701         DEFINITIONS

As used in this section:

(1)           "Office of State Fire Marshal" or "OSFM" means the Office of State Fire Marshal of the North Carolina Department of Insurance.Text Box: General Statute
















G.S. 58-87-5







G.S. 143C-6-23 (c)
G.S. 143C-10-1.(3)
G.S. 143C-6-22 (b)

(2)           "Fund" means the Volunteer Rescue/EMS Fund created in G.S. 58-87-5.

(3)           "Unit" means a volunteer rescue unit, a rescue/EMS unit, or an EMS unit recognized by OSFM in accordance with G.S. 58-87-5(b)(3).

 

History Note:        Authority G.S.58-2-40(1); 58-87-5;

Eff. February 1, 1993;

Amended Eff. February 1, 2017.

 

11 NCAC 05A .0702         ALS CERTIFICATION

If a unit is working with the Office of Emergency Medical Services (OEMS) to obtain its Advanced Life Support (ALS) certification as of October 1, that unit may apply for a grant. In order to receive a grant, the unit shall obtain its ALS certification from OEMS within 60 days after OSFM has determined that the unit has otherwise satisfied the requirements in G.S. 58-87-5 and the rules in this Section.

 

History Note:        Authority G.S. 58-2-40(1); 58-87-5;

Eff. February 1, 1993;

Amended Eff. February 1, 2017.

 

11 NCAC 05A .0703         REQUIREMENTS FOR UNITS REQUIRED TO MATCH GRANTS

(a)  A unit shall apply for a grant by using an online application made available by OSFM. This application shall contain the following information:

(1)           general contact information for the applicant;

(2)           a description of the unit, including the names and total number of active members, services provided, the number of volunteers and paid personnel and the total annual salary;

(3)           a list of current vehicles owned by the unit;

(4)           total county and city funding received by the unit;

(5)           contract information for each city and county; and

(6)           a list of equipment requested by the unit.

(b)  Online applications shall be submitted to OSFM and be electronic date stamped no later than October 1. Applications bearing electronic date stamps later than October 1 shall be disqualified.

(c)  Any application received by OSFM that is incorrect or incomplete shall be returned to the unit with a request that the correct or complete information be sent to OSFM within 10 business days after receipt by the unit. The failure by the unit to return the requested correct or complete information shall result in the forfeiture by the unit of its eligibility for a grant during that grant cycle.

(d)  Any unit listed on the Office of State Budget and Management Suspension of Funding List for Non State Entities available at http://www.osbm.state.nc.us/ shall be ineligible to participate in the grant program until the unit is removed from the Suspension of Funding List pursuant to G.S. 143C-6-23. If a unit is awarded a grant and becomes ineligible to receive funding due to being listed on the Suspension of Funding List, the unit may be required to forfeit the grant pursuant to 09 NCAC 03M .0801.

(e)  If the application includes a request for a motor vehicle, the vehicle specifications shall accompany the application. If a used vehicle is requested, then the previous year's maintenance records shall accompany the application. Maintenance records shall consist of items such as weekly or monthly vehicle checks that would include annual inspections, oil changes, fuel level, tire pressure, mileage, hour meter, and other pertinent fluid levels and service test records, if applicable.

(f)  The following documents shall accompany a grant application;

(1)           A Rescue Provider Statement showing that a county recognizes the unit as providing rescue or rescue/EMS services to a specified district. As used in this Subparagraph, "rescue provider statement" means a statement, signed by representatives of a unit and the county in which the rescue or rescue/EMS services are provided, that the unit provides rescue or rescue/EMS services within the county;

(2)           A current roster of unit members;

(3)           A statement verifying that the unit is financially able to match the amount of the grant in accordance with G.S. 58-87-5(a)(2); and

(4)           A financial statement of the unit.

(g)  Statements that there are no overdue taxes, conflict of interest statements as defined in G.S. 143C-6-23(b), payment agreements, and equipment invoices shall be received by OSFM no later than April 30. Units submitting incorrect invoices, such as sales orders, acknowledgements, and packing slips, before April 30 shall be contacted by OSFM and given 10 business days to submit the correct documents. The failure of any unit to comply shall result in the unit forfeiting its eligibility for a grant from the Fund. Equipment or capital improvements that are ordered by a unit before December 15 or equipment that is back-ordered by a vendor for a unit or equipment not received by a unit on or before April 30 shall not be funded by grants from the Fund.

(h)  OSFM may extend the April 30 deadline for invoice submission for the following:

(1)           new vehicles;

(2)           self-contained breathing apparatus;

(3)           personal protective equipment; or

(4)           capital improvements.

(i)  In order for the deadline to be extended pursuant to Paragraph (h) of this Rule, the unit shall notify OSFM in writing by March 31. OSFM shall review the grant extension request and may approve an extension of up to 90 days. If an extension greater than the initial 90 days is needed by the unit, another written request shall be submitted to OSFM no later than 30 days prior to the end of the first extension. The first extension shall be for 90 days, any subsequent extension and its length shall be determined by OSFM based on the information provided, but shall not exceed 90 days. Extensions may be granted for the following reasons: manufacturing delays, state declared disasters, shipping delays, and supply shortages.

 

History Note:        Authority G.S. 58-2-40(1); 58-87-5;

Eff. February 1, 1993;

Amended Eff. May 1, 2017; September 1, 2010; January 1, 2007.

 

11 NCAC 05A .0704         REQUIREMENTS FOR UNITS NOT REQUIRED TO MATCH GRANTS

 

History Note:        Authority G.S. 58-2-40(1); 58-87-5;

Eff. February 1, 1993;

Repealed Eff. May 1, 2017.

 

11 NCAC 05A .0705         OTHER GRANT CRITERIA

In addition to criteria in G.S. 58-87-5 and other Rules in this Section, in awarding grants the OSFM shall consider the following criteria in relation to each unit:

(1)           number of paid personnel;

(2)           personnel salary paid by the unit or the city or county;

(3)           number and age of vehicles;

(4)           county population density;

(5)           county per capita income;

(6)           unit funding sources including the following funding sources for the last fiscal year:

(a)           city or county funding;

(b)           fire tax;

(c)           sales tax;

(d)           contracted services;

(e)           revenue from EMS billing;

(f)            fund raising;

(g)           donations; and

(h)           revenue from non-OSFM grants;

(7)           cash balance as of the beginning of current fiscal year;

(8)           protective equipment requested;

(9)           miscellaneous equipment requested;

(10)         capital improvements requested; and

(11)         vehicles requested.

 

History Note:        Authority G.S. 58-2-40(1); 58-87-5;

Eff. February 1, 1993;

Amended Eff. February 1, 2017.

 

CHAPTER 05 - OFFICE OF STATE FIRE MARSHAL

 

SUBCHAPTER 05A - FIRE AND RESCUE

 

SECTION .0800 - CIGARETTE FIRE-SAFETY STANDARDS

 

11 NCAC 05A .0801         CERTIFICATIONS

(a)  Certifications and fees submitted pursuant to G.S. 58-92-20 shall be sent to:

NCDOI-OSFM

NC Fire Safety Programs

1202 Mail Service Center

Raleigh, NC  27699-1202

(b)  OSFM shall return incomplete certifications.  The submitter shall complete or correct the original submittal within 90 days after the date of return.  If the submitter fails to return a completed or corrected submittal within the 90-day period, the submitter shall pay the fee specified in G.S 58-92-20(e) for each subsequent submittal.

(c)  Payment of all fees under Article 92 of Chapter 58 of the General Statutes shall be remitted by way of a check drawn on a bank.  As used in this Paragraph, "bank" has the meaning set forth in Section 2(c) of the Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841(c)).

 

History Note:        Authority G.S. 58-2-40; 58-92-20; 58-92-35; 58-92-30(g);

Eff. February 1, 2010.

 

chapter 05 - OFFICE OF STATE FIRE MARSHAL

 

SUBCHAPTER 05A ‑ FIRE AND RESCUE

 

SECTION .0900 – Public Protection Classifications FOR FIRE DISTRICTS

 

11 NCAC 05A .0901         DEFINITIONS

As used in this Subchapter:

(1)           "9S Inspection" means an inspection conducted by the Office of State Fire Marshal (OSFM) to ensure compliance with the requirements of this Section in order to receive a public protection classification rating.

(2)           "Automatic Aid" means assistance dispatched automatically by contractual agreement between two communities or fire districts to all structure fires.

(3)           "Eligible Firefighter" means all persons 18 years of age or older who are firefighters as defined by G.S. 58-86-2.

(4)           "Engine" means a motorized vehicle meeting the requirements of NFPA 1901, "Standard for Automotive Fire Apparatus."

(5)           "Fire Department" means an organization established or organized under applicable State and local laws, for the purpose of limiting, reducing, or preventing damage or personal injury caused by fire or other emergency.

(6)           "Fire Districts" or "Insurance Districts" means an area within a city, town, municipality, or county that is established in order to provide fire prevention and fire suppression services.

(7)           "Fire Station" means a building for the housing of fire department apparatus and personnel.

(8)           "Gallons Per Minute" or "GPM" means the volume of water flow from a hose, hydrant, or other fire suppression apparatus.

(9)           "Pounds Per Square Inch" or "PSI" means the pressure a gas or liquid exerts on the walls of its container.

(10)         "Public Protection Classification" or "PPC" means a rating given to fire districts or insurance districts throughout the State on their ability to provide fire prevention and fire suppression services to affected areas within its jurisdictional boundaries.

(11)         "Road Miles" are the miles that a fire apparatus will travel from a fire station to an emergency scene.

(12)         "Rural Fire District" means a fire district that is outside the jurisdictional boundaries of a city, town or municipality and is established pursuant to G.S. Chapter 69, Article 3A of or G.S. Chapter 153A, Article 11.

(13)         "Structure Fire" means a condition where an actual monetary loss or physical damage has occurred to a building or constructed area, due to the result of a fire.

(14)         "Tanker" means a fire truck/engine designed to carry water to fires, whether equipped with or without a pump to dispense the water.

 

History Note         Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0902         PURPOSE

(a)  This Section establishes standards for insurance public protection classifications for fire districts throughout the State.

(b)  Fire districts in all rural areas of the State and in cities with populations of 100,000 or fewer according to the most recent annual population estimates certified by the State Budget Officer shall be inspected by the Department in accordance with the requirements of this Section. All other fire districts in the State shall be inspected by the Insurance Services Office ("ISO") in accordance with this Section.

(c)  A "PPC 1" is the best rating, and a "PPC 10" indicates that the fire district does not meet the minimum protection requirements.

(d)  A fire district that meets the certification requirements set forth in this Section shall be given a public protection classification of "PPC 9S."

(e)  A fire district that meets the certification requirements set forth in this Section, but contains properties within its jurisdictional limits that are more than five but within six road miles from a responding fire station, shall be given a public protection classification rating of "PPC 9E."

(f)  If a fire district contains some properties within its jurisdictional limits that meet the requirements of a certain PPC rating, and some properties within its jurisdictional limits that meet the requirements of another PPC rating, the fire district may receive a split rating.

(g)  To receive a public protection classification better than a "PPC 9S," a fire district must meet the requirements of this Section and the North Carolina Fire Suppression Rating Schedule ("NCFSRS").

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0903         RATING OF FIRE DISTRICTS

(a)  To receive a PPC rating, a fire department shall submit a written request to OSFM containing the following information:

(1)           The name of the fire district;

(2)           The name of the entity that operates the fire district (e.g., city, town, county, non-profit corporation);

(3)           The name of the person in charge of the entity that operates the fire district;

(4)           The name and title of the Fire Chief or his or her designee;

(5)           The physical address of the location of every fire station utilized by the fire department;

(6)           The mailing address of the fire department;

(7)           The Federal (FEIN) Tax ID number of the fire department;

(8)           Copies of any contracts with a local government body to provide fire protection; and

(9)           A Geographic Information System ("GIS") computer-generated map of the fire district, and documentation of the approval of the map by the local governing body if applicable.

(b)  A fire department may contract with more than one unit of government to provide fire protection. In addition, a local unit of government may contract with more than one fire department to provide fire protection.

(c)  9S Re-Inspections. Fire departments shall be re-inspected by OSFM, at least every 10 years and shall be notified by OSFM of such 9S re-inspection in writing at least 30 days in advance. In addition, upon receipt of information alleging noncompliance with this Section that is reviewed and verified by OSFM, OSFM shall perform unannounced re-inspections of fire departments.

(d)  New Station Inspection. A fire department may request a certification inspection for any new station. Before OSFM will conduct the inspection, the fire department must provide the following:

(1)           Proof of Certificate of Occupancy; and

(2)           If the fire department is adding to their rated insurance district with an additional station or making any changes to the insurance district lines, new maps and approvals in accordance with Subparagraph (a)(9) of this Rule.

(e)  Merging of fire departments. When two or more fire departments merge into one fire department, OSFM shall conduct a 9S inspection. Before the inspection will be conducted, the fire departments must provide the requirements of Paragraph (a) of this Rule.

(f)  Unless otherwise approved pursuant to Paragraph (g) of this Rule, a fire district may not extend more than five road miles from a responding fire station.

(g)  A rural fire district may extend its boundaries to more than five road miles but within six road miles from a responding fire department if, in addition to the requirements of Paragraph (a) of this Rule, the fire department enters a written automatic aid contract with another jurisdiction that requires the responding party to respond with at least one piece of fire apparatus capable of carrying at least 1,000 gallons of water.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25; 58-83-1;

Eff. January 1, 2018.

 

11 NCAC 05A .0904         FACILITIES

(a)  A fire station shall be provided with heating for all-weather protection of apparatus.

(b)  If a fire department has multiple fire stations, each fire station shall not be more than 10 road miles from another fire station within the fire district.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0905         APPARATUS SPECFICATIONS AND EQUIPMENT

(a)  Engines. All stations shall have at least one engine that is:

(1)           Constructed in accordance with NFPA 1901, "Standard for Automotive Fire Apparatus"; and

(2)           Equipped with the following:

(A)          A pump certified by an independent third-party certification organization that is accredited for inspection and testing systems on fire apparatus in accordance with NFPA 1901, "Standard for Automotive Fire Apparatus."

(B)          A pump rated at not less than 750 GPM at 150 PSI net pump pressure.

(C)          A tank with at least a 300-gallon capacity.

(D)          Two 200-foot pre-connected hose lines, with a diameter of 1 ½ inches, 1 ¾ inches, or 2 inches, with nozzles that have a minimum flow of 95 GPM.

(E)           At least 20 feet of hard-suction hose in a size to flow the capacity of the engine, or at least 15 feet of soft-suction hose with a diameter of at least four inches.

(F)           Four self-contained breathing apparatus (SCBA) in proper working condition. A SCBA shall be considered in proper working condition if the facepiece, back frame and harness, cylinder, hoses, low air alarms, regulators, and accessories are tested and operational in accordance with manufacturer's recommendations. The SCBA's shall be certified in accordance with NFPA 1981, "Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services."

(G)          Four spare SCBA cylinders.

(H)          One roof ladder at least 12 feet long.

(I)            One extension ladder at least 24 feet long.

(J)            One folding ladder.

(K)          One pike-head axe.

(L)           One flat-head axe.

(M)         One forcible entry tool.

(N)          One pike pole or plaster hook at least 6 feet long.

(O)          Two portable, rechargeable hand lights suitable for use in hazardous conditions in accordance with NFPA 70, "National Electrical Code."

(P)           100 feet of utility rope, at least ½ inch in diameter.

(Q)          Two 20 pound, class BC portable extinguishers.

(R)          One 2½-gallon water extinguisher.

(S)           One first aid kit.

(T)           One bolt cutter at least 14 inches long.

(U)          One two-way radio assigned to the apparatus.

(V)          One traffic vest for each riding position.

(b)  Tankers. If a station has a tanker, the tanker shall:

(1)           Be equipped with at least 1,000 gallons of water.

(2)           Be equipped with hoses and equipment for filling the tank and transferring water to the engine.

(3)           Be properly baffled in accordance with NFPA 1901, "Standard for Automotive Fire Apparatus."

(4)           Be equipped with one traffic vest for each riding position.

(c)  Protective Clothing. Each eligible firefighter shall be provided protective clothing approved pursuant to NFPA 1851, "Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting," including:

(1)           Helmet.

(2)           Coat.

(3)           Pants.

(4)           Boots.

(5)           Gloves.

(6)           Hoods.

(d)  A fire station shall inspect all equipment inventory monthly, and document the inspection.

(e)  A fire station shall perform maintenance on engines and tankers in accordance with manufacturers recommendations, and maintain logs documenting all such maintenance.

(f)  A fire department shall perform a fire pump performance test on all engines annually, in accordance with NFPA 1911, "Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles." If the engine was purchased within the previous 12 months, the certification required by Part (a)(2)(A) of this Rule shall satisfy this requirement.

(g)  All NFPA standards referenced in this Rule are herein incorporated by reference, including subsequent amendments and editions. Copies of these standards are available for public inspection at the Department, or may viewed online for free at the National Fire Protection Association website at http://www.nfpa.org.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0906         STAFFING LEVELS

(a)  Fire Station.

(1)           Each fire department shall maintain a minimum of 15 eligible firefighters on its roster.

(2)           Each fire department shall provide a roster containing the names and date of birth of all eligible firefighters. A report submitted to the North Carolina State Firefighters' Association pursuant to G.S. 58-86-25 constitutes compliance with this Subparagraph.

(3)           Each fire department shall provide current workers compensation insurance certifications for all of its eligible firefighters.

(4)           Firefighters under the age of 18 will not be counted for purposes of meeting the requirements of this Rule.

(b)  Additional Fire Stations: Fire departments that operate more than one station shall have four additional personnel for each additional station.

 

History Note:        Authority G.S. 58-2-30; 58-36-10; 58-40-25; S.L. 2017-167;

Eff. January 1, 2018.

 

11 NCAC 05A .0907         TRAINING

(a)  Eligible firefighters shall attend at least 36 hours of training annually in the area of fire prevention, fire suppression, or protection of life and property. No more than 12 hours of emergency medical services training may be counted toward the 36-hour training requirement.

(b)  Fire departments shall provide at least four hours of training per month, for a total of 48 hours of training per year.

(c)  Within one year of appointment, the fire chief of each fire department shall complete a class on management of fire department operations and records approved by the State Fire and Rescue Commission in accordance with G.S. 58, Article 78.

(d)  Fire departments shall maintain training records in accordance with 11 NCAC 05A .0911.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0908         COMMUNICATIONS AND ALARMS

(a)  Fire departments shall utilize the Public Service Answering Point (PSAP) established pursuant to G.S. 143B, Article 15, Part 10, to receive 911 calls and dispatching, 24 hours per day, 7 days per week.

(b)  Notification to firefighters of emergencies may be provided by pagers, portable radios with alerting capabilities, or station alerting devices with paid personnel. Text paging or phone paging by a third party shall not be an acceptable means of notification.

(c)  In jurisdictions utilizing Automatic Vehicle Location (AVL) systems, the fire department that is responsible for the fire district shall be dispatched, along with the closest unit recommendation of the AVL systems. In accordance with 11 NCAC 05A .0903(g), if a jurisdiction is utilizing AVL for unit dispatch, it shall ensure that an apparatus with a minimum of 1,000 gallons of water is dispatched as required by the automatic aid protocols.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0909         RESPONSE TO STRUCTURE FIRES

(a)  Each fire department shall ensure the response of at least four of its eligible firefighters and one engine to all structure fires. The fire chief may be one of the four responding members.

(b)  The fire department responding to a structure fire shall have a plan to provide a minimum flow of 200 GPM for 20 minutes within five minutes of the first arriving engine.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0910         INCIDENT REPORTING

(a)  When a fire department responds to a fire, the fire chief shall ensure that a fire incident report is completed on the current version of the National Fire Incident Reporting System (NFIRS).

(b)  A fire department shall keep records on dates, times, and locations of all fires on the current version of the NFIRS.

(c)  All reports shall be submitted to OSFM within 120 days of incident occurrence.

(d)  When a fire department responds to a fire involving fatalities, an initial report shall be filed by the fire chief or fire marshal of the authority having jurisdiction within 48 hours of the incident to the Office of State Fire Marshal.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25; 58-79-1; 58-79-45;

Eff. January 1, 2018.

 

11 NCAC 05A .0911         RECORDS

A fire department shall maintain the following records for 36 months:

(1)           Apparatus maintenance logs for in service engines and tankers, in accordance with 11 NCAC 05A .0905.

(2)           Apparatus equipment inventory checks for all in service engines and tankers, in accordance with 11 NCAC 05A .0905.

(3)           Fire pump performance tests, in accordance with 11 NCAC 05A .0905.

(4)           Training records for all eligible firefighters, in accordance with 11 NCAC 05A .0907.

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

11 NCAC 05A .0912         NON-COMPLIANCE

(a)  Upon completion of an inspection, the OSFM inspector will review the inspection results with the fire chief or the chief's designee. Any fire department that fails to meet any of the standards set forth in this Section shall be considered non-compliant for the purpose of determining Fire Insurance District Rating Classifications.

(b)  A non-compliant fire department shall have a period of 30 days from the date of the inspection to submit a written corrective action plan to OSFM. The corrective action plan shall address each deficiency found in the inspection and the corrective action the fire department will take in response to the deficiency. Upon receipt of approval of the corrective action plan from OSFM, the fire department shall have six months to become compliant. If the fire department remains non-compliant after the expiration of the six-month corrective action period, OSFM shall consult with the entity that operates the fire district and place the fire department on probation until the fire department becomes compliant, for a period not to exceed six months. Upon completion of the probationary period, OSFM shall re-inspect the fire department for compliance. If the fire department remains non-compliant, OSFM shall designate the fire department as a "PPC10" (non-certified).

 

History Note:        Authority G.S. 58-2-40; 58-36-10; 58-40-25;

Eff. January 1, 2018.

 

 

SUBCHAPTER 5B ‑ N.C. STATE FIRE COMMISSION

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

11 NCAC 05B .0101          DEFINITIONS

As used in this Chapter, the following terms shall be construed as follows:

(1)           "Community College" shall mean the Fire Training Services Section of the North Carolina Department of Community Colleges;

(2)           "FEMA" shall mean the Federal Emergency Management Agency of the Federal Government;

(3)           "Fire and Rescue Division" or "fire and rescue" shall mean the Fire and Rescue Division of the North Carolina Department of Insurance;

(4)           "Fire Commission" or "the Commission" shall mean the North Carolina State Fire Commission of the North Carolina Department of Insurance;

(5)           "NFA" shall mean the National Fire Academy, Division of the Federal Emergency Management Agency.

(6)           "US Fire Administration" or "USFA" shall mean the United States Fire Administration, Division of the Federal Emergency Management Agency.

 

History Note:        Authority G.S. 58-2-40; 58-78-1;

Eff. November 1, 1988.

11 NCAC 05B .0102          PURPOSE

In order to carry out the duties of the State Fire Commission as listed in G.S. 58-78-5, that Commission shall:

(1)           develop voluntary certification and professional standards for all levels of fire service personnel;

(2)           develop and maintain a statewide fire incident reporting system;

(3)           serve as the central state clearing house for all federal programs from the USFA, and NFA involving fire prevention and control programs that come into North Carolina; and

(4)           provide on a bi-annual basis an updated listing of North Carolina fire departments and fire marshals.

 

History Note:        Authority G.S. 58-2-4-; 58-78-1; 58-78-5; 58-78-10;

Eff. November 1, 1988;

Amended Eff. April 8, 2002.

 

11 NCAC 05B .0103          MAILING ADDRESS

All requests for information, assistance, or forms, and all replies, answers, supplied information, etc., shall be forwarded to the North Carolina Fire Commission, P.O. Box 26387, Raleigh, N.C. 27611.

 

History Note:        Authority G.S. 58-2-40; 58-78-20;

Eff. November 1, 1988.

 

SECTION .0200 ‑ MASTER PLANNING

 

11 NCAC 05B .0201          STATE FIRE TRAINING

The commission shall develop and monitor a master plan which shall include guidelines for training of fire service personnel in North Carolina.  These guidelines shall be consistent with the needs of the state's fire service, and shall be continually monitored and updated to reflect the training needs of the state's fire service.  Any state agency involved in the training of fire service personnel shall submit to the executive director on a quarterly basis descriptions of programs currently under way or planned.

The executive director shall serve as state training director for the purpose of coordinating state training programs.  The director shall serve as the central clearinghouse for the information on state programs and information coming into the state from federal agencies and other states.

 

History Note:        Authority G.S. 58-2-40; 58-78-5;

Eff. November 1, 1988.

 

11 NCAC 05B .0202          ADDITIONAL PROGRAMS

The state master plan shall contain guidelines for additional programs deemed useful to fire service organizations throughout the state.  These may include, but are not limited to:

(1)           fire service computer coordination;

(2)           data collection and analysis;

(3)           fire codes and inspections;

(4)           radio communications; and

(5)           arson.

 

History Note:        Authority G.S. 58-2-40; 58-78-5;

Eff. November 1, 1988.

 

SECTION .0300 ‑ CERTIFICATION OF FIRE SERVICE PERSONNEL

 

11 NCAC 05B .0301          MINIMUM PROFESSIONAL QUALIFICATIONS

The commission shall establish voluntary minimum professional qualifications for all levels of fire service personnel.  These shall be developed by special committees, appointed by the chairman or full commission, and shall be subject to final approval of the full commission.  All boards, committees and sub‑committees, having recommendations for changes to these standards shall make them to the full commission for approval.  The commission shall make final ruling on appeals to these standards, and shall have the authority to appoint boards or committees to act as intermediaries.

 

History Note:        Authority G.S. 58-2-40; 58-78-5(a)(14b);

Eff. November 1, 1988.

 

11 NCAC 05B .0302          VOLUNTARY CERTIFICATION

The commission shall establish certification levels for the qualifications developed, and shall issue such certification to appropriate individuals who meet the commission's standards.  Certification shall be voluntary, unless adopted as mandatory at the local level.  The commission shall be the only state agency certifying fire service personnel on professional qualifications for fire prevention and control duties.  The commission shall maintain appropriate records and provide same to individuals upon written request.  The commission shall rule on all questions and appeals regarding certification programs.  The commission shall inform participating agencies of standard changes and status of certified personnel.

 

History Note:        Authority G.S. 58-2-40; 58-78-5(a)(14); 58-78-5(a)(14b);

Eff. November 1, 1988.

 

11 NCAC 05B .0303          COORDINATION WITH OTHER STATE AGENCIES

The commission shall serve as the central clearinghouse for certification issues.  All state agencies participating in the certification process shall follow reporting procedures developed by the commission.

 

History Note:        Authority G.S. 58-78-5(a)(14); 58-78-5(a)(14b);

Eff. November 1, 1988.

 

SECTION .0400 ‑ FIRE INCIDENT REPORTING

 

11 NCAC 05B .0401          DEVELOPMENT

The North Carolina Fire Commission shall develop and implement a uniform fire incident reporting system for the fire service of North Carolina.

 

History Note:        Authority G.S. 58-79-45;

Eff. November 1, 1988.

 

11 NCAC 05B .0402          OPERATION AND CONTROL

(a)  The commission shall have full authority over the operation and control of the fire incident reporting system.  Each county shall have a central collection site to which participating fire departments shall report.  Larger municipal departments may obtain permission from the executive director to report directly to the commission.  The data collected shall be available for use at the local, county and state levels.  The commission may submit state data to the United States Fire Administration.  Any equipment dispersed by the commission for the purpose of inputting incident reports shall remain under the control of the commission, and said local agency shall sign an approved contract with the commissioner of insurance for the use of said equipment.

(b)  The commission may utilize dispersed equipment for the purpose of creating a fire information network, to be used for the collection and dissemination of information pertinent to the state's fire service.  The network may contain, but not be limited to:

(1)           fire incident reporting;

(2)           emergency medical reporting;

(3)           hazardous material reporting;

(4)           arson or suspicious fire reporting;

(5)           hazardous material data collection and disbursement;

(6)           bulletin board for exchange of information; and

(7)           schedule announcements.

(c)  Those locations which agree to the use of any provided equipment shall keep said equipment in good order and shall provide the commission with requested reports.

 

History Note:        Authority G.S. 58-79-45;

Eff. November 1, 1988.

 

SECTION .0500 ‑ CENTRAL INFORMATION OFFICE

 

11 NCAC 05B .0501          COLLECTION AND DISSEMINATION OF INFORMATION

The commission shall be the central information office for all fire service activity in the state.  Any state agency involved in fire service activities shall submit to the executive director quarterly reports in a form set out by the commission.  The commission staff shall provide available information to individuals whenever requested in accordance with applicable state or federal laws.

 

History Note:        Authority G.S. 58-78-5(a)(14a);

Eff. November 1, 1988.

 

11 NCAC 05B .0502          FEDERAL PROGRAMS

The commission shall be the central clearinghouse for all fire prevention and control programs coming into the state from federal agencies including the National Fire Academy and the United States Fire Administration.  The executive director shall serve as the state representative to the USFA and NFA, and shall be considered the state fire training director for the purposes of participating in federal training programs.

 

History Note:        Authority G.S. 58-78-5;

Eff. November 1, 1988.

 

 

 

CHAPTER 5 - FIRE AND RESCUE SERVICES DIVISION

 

SUBCHAPTER 5C – WORKER'S COMPENSATION FUND

 

SECTION .0100 - GENERAL PROVISIONS

 

11 NCAC 05C .0101         DEFINITIONS

As used in this Subchapter:

(1)           "Commission" means the State Fire and Rescue Commission, created in G.S. 58-78-1.

(2)           "Eligible unit" has the same meaning as in G.S. 58-87-10(a).

(3)           "Fund" means the Workers' Compensation Fund, created in G.S. 58-87-10(b).

 

History Note:        Authority G.S. 58-87-10;

Eff. August 1, 1998.

 

11 NCAC 05C .0102         MEMBERSHIP CANCELLATION

If the Commission determines that an eligible unit is no longer eligible for membership in the Fund, or the eligible unit ceases to pay premiums as they become due, the Commission shall cancel the eligible unit's membership.  The Commission shall provide written notice of the cancellation to the eligible unit.  Upon cancellation of membership, the eligible unit shall pay any additional premiums that are due.

 

History Note:        Authority G.S. 58-87-10;

Eff. August 1, 1998.

 

11 NCAC 05C .0103         ROSTER OF COVERED INDIVIDUALS

Each year every eligible unit shall determine and report to the unit's governing body the names of the individual members of the eligible unit who are covered by the Fund.  The governing body shall, upon determination of the validity and accuracy of the information, certify the information to the Commission by June 30 of each year.

 

History Note:        Authority G.S. 58-87-10;

Eff. August 1, 1998.

 

 

 

SUBCHAPTER 05D – PYROTECHNICS

 

SECTION .0100 - GENERAL PROVISIONS

 

11 NCAC 05D .0101         DEFINITIONS

As used in this Subchapter:

(1)           "Assistant display operator" means an  individual who assists the operator in exhibiting, using, handling, manufacturing, or discharging pyrotechnics at a concert or public exhibition in this State.

(2)           "ATF" means the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3)           "Display Operator" means an individual who exhibits, uses, handles, manufactures, or discharges pyrotechnics at a concert or public exhibition in this State.

(4)           "NFPA" means the National Fire Protection Association.

(5)           "OSFM" means the Office of State Fire Marshal in the North Carolina Department of Insurance.

(6)           "Permit" means a display operator permit.

(7)           "Permittee" means an individual to whom a display operator permit has been issued by OSFM under Article 82A of Chapter 58 of the General Statutes and this Subchapter.

(8)           "Proximate audience display" means a display of special effects fireworks that occurs within a building or structure or that occurs outside before an audience closer than 75 feet to the pyrotechnics in accordance with NFPA 1126.

(9)           "Proximate Operators Permit" means a permit for an operator for pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such.

(10)         "Pyrotechnics" has the same meaning as in G.S. 14-414.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

11 NCAC 05D .0102         DISPLAY OPERATOR’S IDENTIFICATION BADGES

OSFM shall issue an identification badge to a display operator and an assistant display operator, which will serve as the permit.  The display operator or assistant display operator shall be in possession of, and display his or her identification badge on his or her person, at all times during the delivery, setup, and performance of the display. 

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0103         DISPLAY OPERATOR'S PERMIT

(a)  The applicant shall provide proof of successful completion of the OSFM training program or another program that OSFM determines to be substantially equivalent to the OSFM training program.

(b)  The applicant must achieve a passing score of 80 percent on the written examination required by G.S. 58-82A-3(b)(4).

(c)  The applicant shall submit evidence of participation in the safe performance of three pyrotechnic displays.

(d)  In order to operate proximate audience displays as a permittee, the applicant shall submit evidence of participation in the safe performance of three proximate audience displays.

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0104         ASSISTANT DISPLAY OPERATOR'S PERMIT

OSFM shall not issue an assistant display operator's permit to any individual who has applied for the permit unless the applicant has read OSFM fireworks safety guidelines and correctly answered 80 percent of the questions contained in the operator's assistant exam.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0105         ASSISTANT DISPLAY OPERATOR'S CERTIFICATION

(a)  An individual may assist with the set up, safety, firing, and removal of pyrotechnics displays without a permit as long as the assistant does not handle pyrotechnics materials covered under the ATF licensing requirements, provided that the individual shows the county fire code official that he or she:

(1)           Has read and understands OSFM fireworks safety guidelines and correctly answered 80 percent of the questions contained in the operators assistant exam; and

(2)           Signs the OSFM fireworks safety application form and provides a fire code official with the signed application form.

(b) As used in this Rule, "fire code official" means an individual certified by the North Carolina Code Officials Qualification Board as the primary official responsible for the enforcement of the North Carolina Fire Code within a county or city.

(c)  Upon successful completion of the show, the assistant certification card issued by the code official may be sent in a sealed envelope to:

Office of the State Fire Marshal

Pyrotechnic Permitting

1202 Mail Service Center

Raleigh, NC  27699-1202

Receipt of the certification card with all information provided assures the applicant that OSFM shall give credit towards the completion of the three show requirement for Pyrotechnics and Proximate Operators.

(d)  The application and all additional documentation provided for certification shall be retained by the code official for a minimum of 72 hours following the completion of the permitted show.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0106         APPLICATION FOR PERMIT

(a)  All applications for a permit shall be signed by the applicant and submitted on forms provided by OSFM and must be accompanied by the following additional information:

(1)           A copy of the applicant's driver's license or other government issued identification that includes the date of birth and photograph;

(2)           A 2 inch by 2 inch photograph, taken within the preceding two years. The photograph must show the applicant from a front view with his or her full-face and head and shoulders visible. OSFM shall reject photographs showing the applicant wearing sunglasses, hats, scarves, or any objects that obscure the applicant's identity;

(3)           The applicable permit fee.

(b)  Upon receipt and review of the application, OSFM shall issue the appropriate permission letter to take an examination or shall notify the applicant of the reason for the denial of the permit.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0107         EXAMINATION

(a)  An applicant must complete a written examination designed to demonstrate the applicant's knowledge of Article 54 of Chapter 14 of the General Statutes, this Subchapter, and NFPA 1123, NFPA 1126 standards relating to safe practices for the storage, use, handling, discharge and display of pyrotechnics administered by OSFM and achieve a passing score of at least 80.

(b)  The examination shall be prepared by OSFM.

(c)  Persons who do not pass the examination may retake the examination two times after the initial failed test.  Thirty days must elapse between a failed examination and a subsequent examination. 

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0108         APPLICATION FOR RECIPROCITY

(a)  Display operators who are licensed or permitted in other states shall submit:

(1)           the OSFM permit application;

(2)           the state license or state permit for which the applicant is seeking  reciprocity; and

(3)           a letter from the reciprocal state issuing agency indicating the applicant's license or permit is in good standing.

(b)  The applicant for an operator’s permit shall be at least 21 years of age at the time of application.

(c)  The applicant for an assistant operators permit shall be at least 18 years of age at the time of application.

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0109         PERMIT RENEWAL

(a)  Permittees may apply for renewal of their permits during the 60-day period before and 60-day period after the permit expiration date.  Submission of a renewal application shall be on forms provided by OSFM, and shall be submitted together with the required fee.

(b)  Any permit that is not renewed within 60 days after its expiration shall be cancelled. Any requests after that date to renew or restore shall be treated as a new application.

(c)  During the 60-day period after the permit expiration, no permittee shall engage in any conduct or activities for which a permit is required until the permit is renewed or issued as a new permit.

(d)  A permittee who is serving in the armed forces of the United States and to whom G.S. 105‑249.2 grants an extension of time to file a tax return shall be granted an extension of time to pay any permit renewal application fee as a condition of renewing a permit.  The extension is for the same period that would apply if the fee were a tax.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0110         FEES

Applicants and permittees shall pay the following nonrefundable fees to OSFM for administration of pyrotechnics training and permitting:

(1)           Display operator initial permit application                                                    $100.00

(2)           Display operator permit renewal application                                                 $100.00

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0111         NOTIFICATION TO OSFM

(a)  Written communications to OSFM shall be mailed to:

Office of the State Fire Marshal

Pyrotechnic Permitting

1202 Mail Service Center

Raleigh, North Carolina 27699-1202

(b)  A permittee shall notify OSFM in writing within seven calendar days after any of the following events:

(1)           Discovery that his/her permit has been lost, stolen, or destroyed; or

(2)           The permittee's reciprocal out-of-state license or permit has been terminated, suspended, or revoked. The permittee shall also send OSFM a copy of any written notice of termination, suspension, or revocation; or

(3)           A violation of any requirement of a permit issued under G.S. 14-413; or

(4)           A conviction of a crime under Article 54 of Chapter 14 of the General Statutes.

(c)  A permittee shall notify OSFM in writing within 10 days after a change in the permittee's address or name.

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0112         REPLACEMENT AND DUPLICATE PERMIT

(a)  If a permit has been lost, stolen, or destroyed, the permittee shall notify OSFM. Upon receipt of the written notification, OSFM shall issue a replacement permit.

(b)  If a permit becomes worn or damaged to the extent that it is illegible in any respect, or if the permittee changes his or her address or name, the permittee shall return the permit to OSFM. Upon receipt of the original permit and proof of any changes necessary to maintain correct information, OSFM shall issue a replacement permit.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0113         REPORT OF THEFT OR LOSS OF PYROTECHNICS

(a)  A permittee shall report the theft or loss of pyrotechnics to the county sheriff or city police, to ATF and to OSFM, by telephone, within eight hours after the permittee discovers the theft or loss.  OSFM may be reached at 919-661-5880 during normal working hours and at the North Carolina Highway Patrol dispatch number, 919-733-3861, outside normal working hours.

(b)  Within 24 hours after discovery of the loss or theft, the permittee shall provide OSFM written notice that includes a description of the pyrotechnics, including the manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss.  The written notice shall also name the law enforcement agencies contacted by the permittee under Paragraph (a) of this Rule.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0114         REPORT OF INJURY OR PROPERTY DAMAGE

(a)  A permittee shall notify OSFM within 24 hours after any of the following involving pyrotechnics:

(1)           A fire causing property damage in excess of one thousand dollars ($1,000) to an automobile or ten thousand dollars ($10,000) to real property; or

(2)           An injury to any person caused by the display resulting in hospitalization; or

(3)           Damage to property in excess of one thousand dollars ($1,000), not related to fire.

(b)  OSFM may be reached at 919-661-5880 during normal working hours and at the North Carolina Highway Patrol dispatch number, 919-733-3861, outside normal working hours.

(c)  The permittee shall submit a written report to OSFM within three days after a pyrotechnics display conducted by the permittee if any of the following occurred:

(1)           Any of the incidents identified in Paragraph (a) of this Rule; or

(2)           Whenever a defective pyrotechnic product or equipment resulting in any amount of injury or damage occurs.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0115         INSPECTIONS

(a)  A permittee shall make any records required under Article 54 of Chapter 14 of the General Statutes and Article 82A of Chapter 58 of the General Statutes available to authorized representatives of OSFM or a city or county fire code official.

(b)  A permittee shall allow the display site, storage facility, or delivery point to be inspected at all times by authorized representatives of OSFM or a city or county fire code official.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.