A person working within the Fire Marshal’s Office is no longer someone who just attempts to prevent fires. What was once made up of former firefighters who provided only fire prevention inspections in the city’s business areas has now become a complex division, which provides many aspects of emergency and non-emergency services. To meet today’s standards, our personnel must be trained in many fields and must be proficient in many areas of technical expertise and customer service.
Over the years we have become responsible for providing more diverse services. These different levels of service were dictated by the rapid growth in our business community and the cost-effective use of limited city resources.
A few of the public safety services provided are:
- Fire Prevention Periodic Inspections
- Fire Code Enforcement
- Fire/Arson Investigations
- Hazardous Materials Management
- Public Fire & Life Safety Education
- New Construction Inspections
- Site Development and Public Fire Safety Planning
- Training for Pre-incident Response
- Fire Suppression/Rescue Operational Fill-in
These duties are provided within four sub-sections. These include Division Administration, Periodic Fire Inspections, New Construction Fire Inspections, and Fire/Arson Investigations.
Division Administration
Fire Marshal Wayne Hamilton provides the day to day supervision of the division’s personnel. He is responsible for administering the programs assigned to this division, including the implementation, administration and enforcement of the provisions of the NC State Fire Prevention Code. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants, which are not specifically provided for by the fire code are determined by the fire marshal or his designee. He is also delegated with the authority to render interpretations of the city fire protection ordinance, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions and the State Fire Code as well. His office is located at 100 Court Plaza in the Headquarters Station 1.
Periodic Inspections
This section is supervised by two Assistant Fire Marshals (AFM), geographically assigned with our suppression forces, into Battalion areas. AFM Kelly Hinz supervises Battalion One and Trevis Allen supervises Battalion Two. Each has a staff of Deputy Fire Marshals working under them.
Their Deputy Fire Marshals (DFM) are responsible for conducting periodic fire prevention inspections as established by the NC Office of State Fire Marshal for existing premises. Asheville City Council adopted a fee schedule for periodic fire inspections. These fees are based on a cost recovery basis. Each deputy fire marshal conducts fire inspections of every commercial premise located within the City of Asheville and our ETJ areas. Inspections are also conducted for Certificates of Compliance for altered existing structures, new construction, or those buildings with new occupants. Confidence or acceptance testing of fire protection and life safety systems is also managed under this section. Operational fire prevention permits for various regulated activities are issued by the section.
Inspection compliance is achieved through the utilization of adopted codes, standards, and ordinances of the City of Asheville, NFPA National Fire Codes, and the NC State Fire Prevention Code. As a part of our local ordinance, each structure is inspected and the hazards found are listed for the owner / occupant. Also, their enforcement of the fire code allows for identification of unsafe property such as open, vacant structures, which are a danger to the community and firefighters. Several items, which are of primary importance to life safety, are fire alarm systems, sprinkler systems, means of egress, and other fire extinguishing systems. Their offices are located at:
100 Court Plaza in Station 1 for Battalion One.
7 Rocky Ridge Rd in Station 11 for Battalion Two.
Battalion One Fire Marshal’s Staff
Asst. Fire Marshal Kelly Hinz khinz@ashevillenc.gov 251-4010
Deputy Fire Marshal Brian Ronie bronie@ashevillenc.gov 251-4012
Deputy Fire Marshal David Cutshall dcutshall@ashevillenc.gov 259-5531
Battalion Two Fire Marshal’s Staff
Asst. Fire Marshal Trevis Allen tallen@ashevillenc.gov 259-5650
Deputy Fire Marshal Andrew Cowan ccowan@ashevillenc.gov 251-4079
Deputy Fire Marshal Tracy Coggins tcoggins@ashevillenc.gov 232-4588
Frequently Asked Questions Regarding Inspections
Frequently Asked Questions Regarding Vacant Commercial Premises.
New Construction
An Assistant Fire Marshal reviews applications for commercial construction, tents, and temporary uses. They are responsible for ensuring code compliance for site plans, building plans, exit door hardware, fire protection systems, hood system installations, and any plans associated with Fire Prevention Code Construction Permits. One representative assigned to this duty works within the Development Services Office at 161 South Charlotte Street. A staff of Deputy Fire Marshals works under his supervision for field inspections of construction projects. Assistant Fire Marshal Jeff Payne supervises this section. For questions regarding new construction, please call (828)259-5441.
For more information regarding permits and new construction fees, visit Development Services.
New Construction Division Fire Marshal’s Staff
Asst. Fire Marshal Jeff Payne jpayne@ashevillenc.gov 259-5441
Deputy Fire Marshal Jeb Freeman jfreeman@ashevillenc.gov 251-4066
Deputy Fire Marshal Rodger Martin rmartin@ashevillenc.gov 259-5537
Open Burning
Open burning is allowed only when specifically permitted by the WNC Regional Air Quality Agency. In their letter to City Manager Jim Westbrook dated June 5, 2001, the agency states it cannot allow open burning within municipalities where public trash pick-up is available. This is defined in their rule 1903(b)(1)(B).
Fines range from $500 to $10,000, excluding the costs associated with extinguishment of the fire ($250 per hour).
Machine piled debris or the use of an air curtain device for land clearing burning may be allowed under a special permit issued by their office and a permit issued by the Asheville Fire Dept. The owner of the property must apply for the permit where the burning will occur per section 307.2 of the NC Fire Code.
Recreational fires are exempt from a permit, if in compliance with section 307.3.2 and 307.4 of the NC Fire Code. A recreational fire cannot exceed 3 feet in diameter or 2 feet in height and must not contain rubbish, trash, or building materials. The fire must be constantly attended and have a 4-A fire extinguisher, water hose, or other fire extinguishing material available for immediate use. Recreational fires must be a least 25 feet away from structures or combustible materials.Debris burning is the number one cause of wildfires in North Carolina and trash burning is illegal within the Asheville city limits. Asheville Fire and Rescue urges citizens to be extremely careful if they choose to use outdoor grills or recreational fires.
Periodic Fire Code Inspections are required by the NC State Fire Code section 106
“In order to preserve and to protect public health and safety, and to satisfy the requirements of General Statute General Statute 160A-424, political subdivisions assuming inspection duties, as set out in General Statute 160A-411, shall have a periodic inspection schedule for the purpose of identifying activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion, or related hazards.”
These fire inspections are required for all premises, except one and two family dwellings, and are scheduled based on your type of occupancy as defined by the State Fire Code. The examples below illustrate the minimum frequency rate of inspections; however, it is not an all inclusive list.
North Carolina Tier II Reporting Requirements
Tier II Administration: North Carolina Division of Emergency Management
Contact Information
Address:
4714 Mail Service Center
Raleigh, NC 27699-4714
Phone: 919-733-3327
E-Mail: nc-sara@ncem.org
Website: http://www.ncdoi.com/OSFM/RI/ri_home.asp
For more information, contact our office at 828-259-5640, or click on the links below
1 Year Inspections - FAQ
Assembly - Restaurants, clubs, gyms, and places of entertainment, etc.
Hazardous - Hazardous materials, flammable liquids and explosives facilities, etc.
Institutional - Hospital, nursing homes, licensed care facilities, jails, etc.
Residential – Apartments, hotels, motels, dormitories, etc.
High-Rise Buildings – all use types.
2 Year Inspections - FAQ
Factory-Industrial Facilities – manufacturing and assembly plants, etc.
Educational Facilities – Private schools, except public schools are inspected every six months.
3 Year Inspections – FAQ
Assembly –with an occupant load less than 100
Businesses – Banks, barber and beauty shops, gas stations and self-service, educational occupancies above the 12th grade, print shops, professional service offices (architects, attorneys, dentists, physicians, engineers), etc.
Mercantile- Department stores, drug stores, markets, retail or wholesale stores, etc.
Storage Facilities – Warehouses, garages, hangers
Churches and Synagogues
Miscellaneous – Tanks, silos, greenhouses, etc
Details of all Fire and Rescue Department Fees and Charges
Important information on our Citation Program that addresses when civil fines may be issued for fire code violations.
You may view and print a Fire Lane Appeal Form and/or a Fire Code Citation Form.
For more information regarding permits, visit Development Services.
For more information regarding trade show regulations, visit Fire Codes on Trade Shows.