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Repealed Eff.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Repealed Eff.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

All fire departments previously certified as of the effective date of this Rule are automatically certified and hereby declared eligible for benefits under G.S. 58-86-25 and G.S. 143‑166.1.

 

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

Eff. September 1, 1985;

Amended Eff. July 1, 1992.

 

11 NCAC 05A .0503          ESTABLISHMENT OF FIRE DEPARTMENT

To become a rated and certified fire department, a fire department shall apply and meet the following criteria:

(1)           the fire department shall be operated by a city, county, or sanitary district as a division of that governmental unit or be incorporated under Chapter 55A of the General Statutes;

(2)           if the fire department is incorporated, it shall operate under a contract with either a city, county, or sanitary district or any combination thereof;

(3)           boundaries defining the area of responsibility shall be established by a County Board of Commissioners for areas outside municipalities pursuant to G.S. 153A-233; and

Text Box: General Statutes

G.S. 153A-233
G.S. 58-2-40; G.S. 58-86-25










G.S. 58-2-40; G.S. 58-86-25

G.S. 58-2-40; G.S. 58-86-25










G.S. 58-86-25, G.S. 58-86-1
G.S. 58-2-40; G.S. 58-36-10; 58-78-5











G.S. 150B-21.6

G.S. 58-2-40; G.S. 58-36-10; G.S. 58-78-5; [G.S. 58-86-25]



(4)           the fire department shall provide OSFM with a hand drawn map with a written description or a GIS computer generated map of its initial or revised fire insurance district with the documentation of the approval by the County Commissioners.

 

History Note:        Authority G.S. 58-2-40; 58-84-5;

Eff. September 1, 1985;

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

 

11 NCAC 05A .0504          PRIMARY PERSONNEL

Upon initial or re-inspection for certification as a Class "9S" fire department, the fire department shall have 20 primary personnel. No eligible firefighter may be counted as a primary firefighter of two, on call, volunteer departments. At the time of re-inspection, a fire department shall maintain 20 primary personnel on their certified state roster. At least one engine with four personnel must respond to each reported structure fire, which includes fire alarm activations where fire or damage has occurred. For the purpose of this Section "primary personnel" means an eligible firefighter that is associated with the fire department for the purpose of satisfying certification inspection requirements.

 

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

Eff. September 1, 1985;

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

 

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

Communications facilities shall be provided for the receipt of reported emergencies, dispatching, documentation of responding fire apparatus, and notification of firefighters. The communications system shall provide facilities for dispatching assistance to fire emergencies 24 hours a day, seven days a week. The communications facility shall have the capability of activating all types of systems utilized to dispatch the fire apparatus and notify all firefighters of an emergency. The alert may be provided by pagers, portable radios with alerting capabilities, siren activation from the communications center, or station alerting devices with paid personnel. Text paging or phone paging shall not be a means of notification.

 

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

Eff. September 1, 1985;

Amended Eff. February 1, 2017; October 1, 2006.

 

11 NCAC 05A .0507          RECORDS AND DOCUMENTS

(a)  The city or county manager, fire department chief, or county fire marshal shall keep records on dates, times and locations of all emergencies on the current version of the National Fire Incident Reporting System (NFIRS) as prescribed in Rule .0101 of this Subchapter;  and shall submit the following documents to the Department of Insurance upon request prior to an inspection: certified state roster, charter, contract(s) with city(ies) and county(ies), service test report, weight tickets, an inventory of protective clothing, and verification of workers compensation coverage.

(b)  A fire department shall comply with G.S. 58-79-45 by using the NFIRS reporting requirements found at no charge at the following link: http://www.ncdoi.com/OSFM/Fire_Rescue_Commission/Default.aspx?field1=Incident_Reporting_-_Information&user=Incident_Reporting. All reports shall be submitted within 120 days of incident occurrence.

 

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.

 

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

A fire station shall be provided with suitable heating for all‑weather protection of apparatus.

 

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

Eff. September 1, 1985.

 

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

(a)  The NCFSRS shall be used by OSFM when OSFM inspects fire departments for the purpose of determining Fire Insurance District Ratings Classifications. Each fire department shall assure the response of at least four firefighters and one engine to all fires and fire alarms where fire or damage occurred in structures. The chief may be one of the four responding firefighters. Response of a fire department, as primary first alarm department, to a fire or fire alarm in a structure within its established fire insurance district with less than the minimum required engine or four firefighters shall be considered by OSFM to be an inadequate response. Fire alarms where no fire or damage has occurred as determined by a fire official on-scene shall not be considered by the inspector. Any department determined by OSFM to have two or more inadequate responses shall be placed on probation by OSFM for a period of up to 12 consecutive months. A fire department on probation shall submit quarterly records to the OSFM inspector for all fires and fire alarms reported in structures for the next 12 consecutive calendar months showing there have been no additional inadequate response within the period. If the fire department fails to submit the quarterly report, the insurance district for the fire department shall be designated as "Class 10" (non-certified) by OSFM. In addition, any department found to have any deficiencies during an Inspection shall be placed on probation until the deficiency, as determined by the 9S inspection requirement, has been corrected, or up to 12 months at which time the department shall be designated a "Class 10" insurance district by in accordance with Rule .0501 of this Section.

(b)  After evaluation of data collected during an NCFSRS inspection, if the results of the inspection indicate that a fire department's ratings classification must be reduced, OSFM shall notify the city or county manager, the fire department chief, and the county fire marshal in writing of the reduction in ratings classification. For the purpose of survey grading inspections below 9S notification shall include:

(1)           hydrant flow tests and hauled water evaluations;

(2)           ratings classification details; and

(3)           OSFM community report of conditions found.

(c)  If the city or county manager, the fire department chief, and the county fire marshal fails to acknowledge receipt within 30 days after receipt of the notification, OSFM shall reduce the ratings classification of the fire department.

(d)  If the city or county manager, the fire department chief, and the county fire marshal acknowledges receipt of the notification to OSFM within 30 days after receipt of the notification and advises OSFM that the fire department wants to retain its ratings classification. The city or county manager, the fire department chief, and the county fire marshal shall consult with the individual inspector who conducted the NCFSRS inspection and develop a plan of action to correct the deficiencies which caused the reduction in ratings classification.

(e)  Within 90 days after the consultation, the city or county manager, or fire department chief, and the county fire marshal Text Box: General Statute
G.S. 58-2-40; G.S. 58-36-10(3); G.S. 58-86-25



























shall submit the plan to OSFM that shall determine whether the plan is satisfactory to cover the deficiencies. OSFM shall notify the city manager, county manager, fire department chief, and county fire marshal in writing when OSFM approves the plan.

(f)  The fire department shall have one year after the receipt of the approval to complete the plan of action to correct the deficiencies which caused the reduction in ratings classification.

(g)  The sharing or borrowing of equipment between or among fire departments or between or among stations within a fire department, the falsifying of documents, or engaging in any other act of misrepresentation, for the purpose of falsely satisfying the apparatus or equipment grading score of a NCFSRS survey grading or 9S inspection shall be prohibited, and shall result in the department being placed on probation. Ratings and inspections information may be found at the following link http://www.ncdoi.com/OSFM/Ratings_and_Inspections/Default.aspx?field1=Forms.

 

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

Eff. October 1, 2006;

Amended Eff. February 1, 2017.

 

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.