Fire

When last visited by a City of Asheville Deputy Fire Marshal, the premises were found to be vacant and the state mandated fire prevention inspection could not be completed. This notice lets you know that certain permits and inspections are required before you can open for business. All vacated commercial premises or buildings will need at least a building and fire prevention permit from the City of Asheville before your new business can open.

The best place to start, before you go any further, is to contact the City’s Development Services Center at (828) 259-5656 and located at 161 South Charlotte Street. You can apply for the needed permits there. They can also answer other questions to help you get your business started. Note that a “Business License” is not the same as these permits and does not provide authorization in and of itself to open a business.

Location is a key question, for example, if the building is in a flood plain, there are certain federal rules that must be followed. In Asheville, if the building is in a fire or historic district, for example, hazardous materials storage would be limited. Location of the building will unlock valuable information about the building’s history. We have some information on file which can give you a “historical snapshot” of certain buildings, but it’s not an evaluation one can use to approve a new use. That’s why a completed permit application is required.

Present or former use of a building can make a difference in whether state codes might limit a proposed new use. Please note that the word “use” here is different from the word “use” in a zoning sense. All information you submit, may speed up the permit application process.

As an owner, correction and abatement of violations of the codes are your responsibility, even if the new business creates the violations. As a potential buyer or lessee, part of your assessment of the “buy-ability” or “lease-ability” of this building might depend on costs of building renovations required by the state building code for your anticipated use. In any case, violations must be corrected and a permit review would give you a better chance to head off problems.

For a building renovation, a design professional is a good idea. In some cases, based on the extent, type, and cost of work being done, state law requires a licensed contractor and/or a design professional. A licensed architect is required if the existing exit travel paths will be changed.

If your proposed use is different from the present or last use, the state building code may requires a complete architectural and/or engineering review of the building before it can be “re-used,” or adapted for a new use. Zoning regulations may also come into play.

The Fire and Rescue Department’s Fire Marshal’s Office started with educating the public/owners by posting these notices. Hopefully these stickers will encourage compliance. If needed, the Fire Marshal is authorized by state law to institute appropriate actions to prevent
unlawful construction, or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. This will typically be done by issuing written correction orders, civil citations, termination of building utilities, conducting an unsafe building hearing, and in some rare cases have the offender criminally charged, depending on the severity of the situation. These methods can also be used in various combinations; but voluntary compliance by responsible business owners is always the preferred method.

Finally, keep in mind that it would be in your best interest prior to purchasing or leasing any existing building to check with The City of Asheville Development Services Center to insure you can conduct the business you are planning.

The North Carolina Legislature mandated every structure, other than 1 & 2 family dwellings, be inspected for fire code violations on a structured time line. This was in response to a tragic factory fire in Hamlet, NC that killed 25 workers in 1991. All local jurisdictions were mandated to adopt the fire inspection schedule by law.

The State of North Carolina requires the inspection on a frequency based on the type of occupancy and mandates that the fire inspector have access during normal business hours. Some inspections are mandated due to North Carolina occupational licensing requirements, such as a daycare license or ABC permit.

Your business is classified as a being in a “High Risk” occupancy group, as established by the NC Office of State Fire Marshal. High risk occupancies are inspected every year. These can include Assembly uses over 100 persons, Hotels, Apartment and High-rises common areas, Institutional, Hospitals, Public Schools, Daycare, and Hazardous Occupancies.
These are building uses that have a higher than average probability of a fire or other emergency occurring due to type and/or quantity of materials stored, used, or handled on site, or because of processes typically performed in business operations. Additionally, these occupancies would include those that have a higher than average risk for injury or death to occupants due to age, physical or mental abilities, occupant load, or the size and complexity of structure.

It depends on several factors such as building size and uses. The initial inspection fee is based on the following two factors: square footage and the occupancy hazard type or, in the case of Hotel/Motel/Apartments, the number of
units or buildings.
If violations are found and cannot be immediately corrected, a re-inspection of the premises would be in order. If all violations are corrected at the time of re-inspection there will be no re-inspection fee; however, if violations are not corrected a second re-inspection of the premises will be required and there will be a charge for that inspection. There is a fee for any subsequent re-inspections required to ensure compliance, until all corrections have been made. A detailed fee schedule is on the last page of this handout.

Uniformed firefighters with specialized training as Deputy Fire Marshals conduct the fire inspections. They have expertise in preventing fires, enforcing the codes, and know first hand how fires endanger lives and property. They sometimes ask other specialists, such as Building or Electrical Inspectors, to assist them on some technical matters.

Prior to the state mandate of periodic time requirements for fire inspections, the department was averaging about 4 to 6 years for occupancies the State now requires to be inspected every 1 to 3 years. Asheville City Council elected to charge fees for the unfunded mandate from the State rather than raise property taxes. The costs of the inspections are benchmarked with other NC Cities. For the 13-14 fiscal year, these fees offset approximately 75% of our actual costs with the remaining 25% funded though taxes.

Each year the Chief of the Fire Department submits a proposed budget with fees and charges identified. A committee of City Council members meets with each Department Director and reviews the fees. They make recommendations and suggest changes in the fee structure. Sometimes the fees increase based just on an adjustment for inflation; this year there were no changes from the previous
year’s fees. The fees are adopted within the City’s budget in June of each year.

We can rearrange the inspection visit to suit your best time. Just let your Assistant Fire Marshal know that today is inconvenient and we can establish another time that is best for you.

The City of Asheville Finance Department has this responsibility and will mail you a bill. Fire Marshal’s staff are not allowed to accept funds from you for your bill.

The State law requires the use of the building to be inspected; therefore, we bill the business we inspect. You may have a lease that makes the building owner responsible for certain items. This is a matter left up to you and the owner.

Yes, the fee is for the inspection made while you were at that business address; the service has already occurred and not for a future time or future location.

We can check and determine when we last inspected, if an invoice was mailed, and the date of payment. However, it is possible that the invoice was never sent, the owner or corporate office paid, or a mistake was made last time.

We try to give all businesses the same re-inspection time, span of a couple of weeks. We realize some things cannot be done in that time frame. Contact your fire inspector to discuss a different compliance date. Reasonable efforts at compliance will justify a new re-inspection date.

First we will try to see if you just didn’t understand what was required and try to help you, help yourself. However, fire code violations endanger you, us, your business, and the public. Violations may have significant repercussions when left uncorrected. Reinspection fees are progressively higher, if you have unresolved violations. NC State law also provides for both civil monetary penalties and possible criminal charges. We would prefer to work with you, so that these actions are not needed.

The North Carolina Legislature mandated every structure, other than 1 & 2 family dwellings, be inspected for fire code violations on a structured time line. This was in response to a tragic factory fire in Hamlet, NC that killed 25 workers in 1991.
All local jurisdictions were mandated to adopt the fire inspection schedule by law.

The State of North Carolina requires the inspection on a frequency based on the type of occupancy and mandates that the fire inspector have access during normal business hours. Some inspections are mandated due to North Carolina occupational licensing requirements, such as a daycare license or ABC permit.

Your business is classified as a being in a “Moderate Risk” occupancy group, as established by the NC Office of State Fire Marshal. Moderate risk occupancies are inspected every 24 months. These include Factory-Industrial uses and private schools.
These are building uses that have an average probability of a fire or other emergency occurring, but due to the type and/or quantity of materials stored, used, or handled on site, or because of processes typically performed in their operations, a fire may be more intense or the emergency more severe.
Additionally, these occupancies would have a higher than average risk of injury or death to the occupants in a fire or other emergency due to occupants’ age and/or presence of higher risk processes.

It depends on the building sizes and uses. The initial inspection fee is based on the following of two factors: the square footage or, in the case of private schools the number of buildings.
If violations are found and cannot be immediately corrected, a re-inspection of the premises would be in order. If all violations are corrected at the time of re- inspection there will be no re-inspection fee; however, if violations are not corrected a second re-inspection of the premises will be required and there will be a charge for that inspection. There is a fee for any subsequent re-inspections required to ensure compliance, until all corrections have been made. A detailed fee schedule is on the last page of this handout.

Additional questions may be directed to your local Assistant Fire Marshal or to the City of Asheville Fire Marshal at (828) 259-5641.

Uniformed firefighters with specialized training as Assistant Fire Marshals conduct the fire inspections. They have expertise in preventing fires, enforcing the codes, and know first hand how fires endanger lives and property. They sometimes ask other specialists, such as Building or Electrical Inspectors, to assist them on some technical matters.

Prior to the state mandate of periodic time requirements for fire inspections, the department was averaging about 4 to 6 years for occupancies the State now requires to be inspected every 1 to 3 years. Asheville City Council elected to charge fees for the unfunded mandate from the State rather than raise property taxes. The costs of the inspections are benchmarked with other NC Cities. For the 13-14 fiscal year, these fees offset approximately 75% of our actual costs with the remaining 25% funded though taxes.

Each year the Chief of the Fire Department submits a proposed budget with fees and charges identified. A committee of City Council members meets with each Department Director and reviews the fees. They make recommendations and suggest changes in the fee structure. Sometimes the fees increase based just on an adjustment for inflation; this year there were no changes from the previous
year’s fees. The fees are adopted within the City’s budget in June of each year.

We can rearrange the inspection visit to suit your best time. Just let your Assistant Fire Marshal know that today is inconvenient and we can establish another time that is best for you.

The City of Asheville Finance Department has this responsibility and will mail you a bill. Fire Marshal’s staff are not allowed to accept funds from you for your bill.

The State law requires the use of the building to be inspected; therefore, we bill the business we inspect. You may have a lease that makes the building owner responsible for certain items. This is a matter left up to you and the owner.

Yes, the fee is for the inspection made while you were at that business address, not for a future time or future location.

We can check and determine when we last inspected, if an invoice was mailed, and the date of payment. However, it is possible that the invoice was never sent, the owner or corporate office paid, or a mistake was made last time. ETJ areas have not been charged for inspections the last few years.

We try to give all businesses the same re-inspection time, span of a couple of weeks. We realize some things cannot be done in that time frame. Contact your fire inspector to discuss a different compliance date. Reasonable efforts at compliance will justify a new re-inspection date.

First we will try to see if you just didn’t understand what was required and try to help you, help yourself. However, fire code violations endanger you, us, your business, and the public. Violations may have significant repercussions when left uncorrected. Reinspection fees are progressively higher, if you have unresolved violations. NC State law also provides for both civil monetary penalties and possible criminal charges. We would prefer to work with you, so that these actions are not needed.

Additional questions may be directed to your local Assistant Fire Marshal or to the City of Asheville Fire Marshal at (828) 259-5641.

The North Carolina Legislature mandated every structure, other than 1 & 2 family dwellings, be inspected for fire code violations on a structured time line. This was in response to a tragic factory fire in Hamlet, NC that killed 25 workers in 1991.
All local jurisdictions were mandated to adopt the fire inspection schedule by law.

The State of North Carolina requires the inspection on a frequency based on the type of occupancy and mandates that the fire inspector have access during normal business hours. Some inspections are mandated due to North Carolina occupational licensing requirements, such as a daycare license or ABC permit.

Your business is classified as a being in an “Ordinary Risk” occupancy group, as established by the NC Office of State Fire Marshal. Ordinary risk occupancies are inspected every 36 months. These can include business occupancies, mercantile, storage and warehouse uses, churches and synagogues, and assembly uses that have less than 100 persons.
These are building uses that have an average probability of a fire or other emergency occurring due to type and/or quantity of materials stored, used, or handled on site, or because of processes typically performed in business operations. Additionally, these occupancies would have an average risk of injury or death to the occupants in a fire or other emergency.

It depends on the building sizes and uses. The initial inspection fee is based on the following of two factors: the square footage or, in the case of private schools the number of buildings.
If violations are found and cannot be immediately corrected, a re-inspection of the premises would be in order. If all violations are corrected at the time of re- inspection there will be no re-inspection fee; however, if violations are not corrected a second re-inspection of the premises will be required and there will be a charge for that inspection. There is a fee for any subsequent re-inspections required to ensure compliance, until all corrections have been made. A detailed fee schedule is included with this handout.

Uniformed firefighters with specialized training as Assistant Fire Marshals conduct the fire inspections. They have expertise in preventing fires, enforcing the codes, and know first hand how fires endanger lives and property. They sometimes ask other specialists, such as Building or Electrical Inspectors, to assist them on some technical matters.

Prior to the state mandate of periodic time requirements for fire inspections, the department was averaging about 4 to 6 years for occupancies the State now requires to be inspected every 1 to 3 years. Asheville City Council elected to charge fees for the unfunded mandate from the State rather than raise property taxes. The costs of the inspections are benchmarked with other NC Cities. For the 13-14 fiscal year, these fees offset approximately 75% of our actual costs with the remaining 25% funded though taxes.

Each year the Chief of the Fire and Rescue Department submits a proposed budget with fees and charges identified. A committee of City Council members meets with each Department Director and reviews the fees. They make recommendations and suggest changes in the fee structure. Sometimes the fees increase based just on an adjustment for inflation; this year there were no changes from the previous year’s fees. The fees are adopted within the City’s budget in June of each year.

We can rearrange the inspection visit to suit your best time. Just let your Assistant Fire Marshal know that today is inconvenient and we can establish another time that is best for you.

The City of Asheville Finance Department has this responsibility and will mail you a bill. Fire Marshal’s staff are not allowed to accept funds from you for your bill.

The State law requires the use of the building to be inspected; therefore, we bill the business we inspect. You may have a lease that makes the building owner responsible for certain items. This is a matter left up to you and the owner.

Yes, the fee is for the inspection made while you were at that business address, not for a future time or future location.

We can check and determine when we last inspected, if an invoice was mailed, and the date of payment. However, it is possible that the invoice was never sent, the owner or corporate office paid, or a mistake was made last time. ETJ areas have not been charged for inspections the last few years.

We try to give all businesses the same re-inspection time, span of a couple of weeks. We realize some things cannot be done in that time frame. Contact your fire inspector to discuss a different compliance date. Reasonable efforts at compliance will justify a new re-inspection date.

First we will try to see if you just didn’t understand what was required and try to help you, help yourself. However, fire code violations endanger you, us, your business, and the public. Violations may have significant repercussions when left uncorrected. Reinspection fees are progressively higher, if you have unresolved violations. NC State law also provides for both civil monetary penalties and possible criminal charges. We would prefer to work with you, so that these actions are not needed.

Additional questions may be directed to your local Assistant Fire Marshal or to the City of Asheville Fire Marshal at (828) 259-5640.