Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 11 - insurance/chapter 05 - office of state fire marshal/subchapter a/subchapter a rules.html
Published: 2015

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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 fifty-five dollars ($55.00).  Fire chiefs and

local government chief administrative officials may request a single copy of

the FSRS, or on-line access to the FSRS and commentaries, free of charge.

(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.  The NFIRS can be accessed electronically and free software and copies

of the program may be obtained by contacting the NC Office of the State Fire

Marshal at:

Office of the State Fire Marshal

P.O. Box 1202 Mail Service Center

Raleigh, NC  27699-1202

or by contacting the USFA at http://www.usfa.dhs.gov.

(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; 58-79-45;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. 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Repealed Eff.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

The Field Training Staff of the Fire and Rescue Division of

the Department of Insurance shall serve as staff to the State Fire Commission. 

Staff duties shall include but not be limited to the following:

(1)           Research and development of new techniques, tools,

and procedures in order to develop specialized training for firefighters as

well as instructor training.

(2)           Provide input to the State Fire Commission

regarding changes in standards based on research.

(3)           Provide technical support to the State Fire

Commission.

(4)           Evaluate and audit delivery programs when the State

Fire Commission requests and approves such evaluations.

(5)           Plan, develop and deliver training programs for

fire departments, rescue squads, colleges, universities and other governmental

agencies.

 

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.

 

SECTION .0200 ‑ STATE VOLUNTEER FIRE DEPARTMENT

 

11 NCAC 05A .0201          ADMINISTRATION OF STATE VOLUNTEER FIRE

DEPARTMENT

The Fire and Rescue Services Division shall be

prepared to administer the State Volunteer Fire Department in case of

emergencies caused by fire, floods, war, tornadoes or otherwise in the manner

and subject to the conditions provided in G.S. 58, Article 80. As used in this

Article and elsewhere in the General Statutes, "State Fire Marshal"

means the Commissioner of Insurance of the State of North Carolina.

 

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

58-80-60;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

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

 

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 Comprehensive Emergency Management Plan and assists other

state and local agencies through the Fire and Rescue Services Division 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)           The Fire and Rescue Services

Division serves as the lead agency for Structural Fire Suppressions and Rescue

Services during these declared emergencies;

(4)           The Fire and Rescue Services

Division serves as a support agency for search and rescue functions during

these declared emergencies.

 

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

58-80-60;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. July 1, 1986.

 

SECTION .0300 ‑ FIREFIGHTERS' RELIEF FUND

 

11 NCAC 05A .0301          ELIGIBLE MEMBERS

The certification provided by the North Carolina State

Firemen's Association to the Department under G.S. 58-84-40(b) shall contain

the balance in each local fund, and a verification that a financial statement

and status of fire department membership was submitted.

 

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.

 

11 NCAC 05A .0302          CERTIFICATION OF ELIGIBILITY

The certification form required by G.S. 58-84-46 shall be

entitled "Report of Fire Conditions" and shall, in addition to the

information required by G.S. 58-84-46, include the following:

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

district;

(2)           Names of the "board of trustees of the local Firefighters'

Relief Fund"; and

(3)           Identity of the treasurer of the local Firefighters'

Relief Fund.

 

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

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. 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)  The Fire and Rescue Services Division shall compile and

maintain accurate records utilizing computer or paper records, including the

following information:

(1)           Certifications of the "Report of Fire

Conditions" filed by the local clerks or finance officers;

(2)           Certifications of the member fire

departments, the fund balance of each fund, and the bond amount covering each

fund, filed by the North Carolina State Firemen's Association each year;

(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 funds mentioned in Article 84 of Chapter 58.

(c)  If a rated fire department that is serving two or more

rated districts divides into separate fire departments, the original rated fire

department shall retain the relief fund for each rated district.  Any new fire

department resulting from the division shall be entitled to receive relief fund

money when it has been rated.

(d)  Fire department checks shall be disbursed by the

Department of Insurance to the finance officer of the local government entity.

 

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

58-84-50; 58-85-1; 58-86-25;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. 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

The purpose of this Section is to set forth the minimum

requirements that a fire department must meet in order to qualify for

eligibility for death benefits under Article 12A of Chapter 143 of the North

Carolina General Statutes, and the North Carolina Firemen's Pension Fund under

G.S. 58-86-25; for initial recognition in insurance premiums for a responding

fire department; and for response rating to designate insurance premiums.  Upon

meeting the initial requirements for certification, a fire district shall be

given a rating of "9S".  A fire district may get a rating from "1

through 8" upon improving its response capabilities with "1"

being the best rating.  For ratings of 1 through 8, the fire department shall

be evaluated using the current NCFSRS.

 

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.

 

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 certified fire department, a fire department

shall apply and meet the following criteria:

(1)           The fire department shall be incorporated under

Chapter 55A of the General Statutes or be operated by a city, county, or

sanitary district as a division of that governmental unit.

(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.

(4)           The fire department shall provide the OSFM with a hand

drawn map and written description or a GIS computer generated map of its

initial or revised fire district.

 

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.

 

11 NCAC 05A .0504          PERSONNEL

Upon initial certification as a Class "9S" fire

department, the fire department shall have a minimum of 20 personnel, with at

least two designated as traffic control and at least 18 designated as

firefighters.  At the time of re-inspection, a fire department shall maintain

20 personnel or show, through documentation, that an average of 12 personnel

have responded on each of the last 20 structure fires.  At least one engine

with four personnel must respond to each reported structure fire alarm.  A

roster of personnel containing names and attendance of business meetings and

training meetings shall be kept.  

 

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

Eff. September 1, 1985;

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

 

11 NCAC 05A .0505          DRILLS AND MEETING REQUIREMENTS

(a)  All members of fire departments shall comply with the

drills and meetings requirements of G.S. 58-86-25.

(b)  The chief officer of each fire department shall:

(1)           within one year of appointment, complete a

class on basic management of fire department operations and records approved by

the North Carolina Fire and Rescue Commission for chief officer based upon

National Fire Protection Association (NFPA) standards for chief officer.  NFPA

Standard 1021 is incorporated into this Subchapter by reference, including but

not limited to subsequent amendments or editions.  NFPA Standard 1021 is

available from the National Fire Protection Association at http://www.nfpa.org/

for thirty-seven dollars ($37.00); and

(2)           complete the course as described in Subparagraph

(1) of this Paragraph, which shall be titled "Chief 101" a minimum of

every five years.

 

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.

 

11 NCAC 05A .0506          ALARM AND COMMUNICATIONS

Communications facilities shall be provided for reporting

emergencies, dispatching of fire apparatus, and notification of firefighters.  The

system shall provide one telephone listing for fire emergencies that reaches a

location that receives calls and responds 24 hours a day.  That location shall

have the capability of activating sirens or pagers in order to dispatch the

fire department.

 

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

143‑166.1;

Eff. September 1, 1985;

Amended Eff. October 1, 2006.

 

11 NCAC 05A .0507          RECORDS AND DOCUMENTS

(a)  In addition to personnel records, the city or county

manager or fire department chief or county fire marshal shall keep records on

dates, times and locations of emergencies on the current version of the National

Fire Incident Reporting System (NFIRS) as prescribed in 11 NCAC 05A .0101(3),

inventory of equipment, and maintenance of apparatus; and shall submit the

following documents to the Department of Insurance:  roster, charter,

contract(s) with city and county, service test report, weight tickets, current

map and written description of the map, an inventory of protective clothing,

and verification from the county approving the fire district boundaries.

(b)  Whenever a fire department responds to a fire, a chief

of that department shall complete or cause to be completed a fire incident

report on the current version of the National Fire Incident Reporting System

(NFIRS) in accordance with 11 NCAC 05A .0101(3) and otherwise comply with G.S.

58-79-45.

 

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

58-79-45; 58-86-25;

Eff. September 1, 1985;

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

1992.

 

11 NCAC 05A .0508          APPARATUS

To qualify for initial certification and receive a minimum

rating of Class "9S", the fire department shall have the following

apparatus and equipment:

(1)           Pumper.

(a)           The fire department shall have an approved

pumper (automotive fire apparatus equipped with a fire pump and tank).  To be

approved, the fire department pumper must be certified by Underwriters

Laboratories, Inc., and constructed in accordance with the National Fire

Protection Association Standard 1901 ‑ Standard for Automotive Fire

Apparatus.  The apparatus shall not be loaded beyond limits certified by the

"Gross Vehicle Weight" label attached to the vehicle; nor shall the

vehicle be modified in a manner that would invalidate this certification. NFPA

Standard 1901 is incorporated into this Subchapter by reference, but not

including subsequent amendments or editions. NFPA Standard 1901 is available

from the National Fire Protection Association at http://www.nfpa.org/ for fifty

dollars ($50.00).

(b)           The pump shall have a rated capacity of not

less than 750 gallons per minute at 150 pounds per square inch net pump

pressure.

(c)           The pumper shall be equipped with at least a

500 gallon tank.

(d)           A service test must have been performed on

the "first responding" pumper during the 12-month period before the

inspection.  If the pumper has been purchased as new within the 12-month period

before the "9S" inspection, the U.L. Certificate meets this requirement.

(2)           Tanker.

(a)           The fire department shall have a motorized

tank truck of at least 1000 gallons capacity or enough to equal at least 1500

gallons total for pumper and tanker

(b)           The tanker shall be equipped with the

necessary hose for filling the tank and hose for transferring water to the

pumper.

(c)           The tanker, when fully loaded, shall not

exceed the Gross Vehicle Weight limits as certified on the label attached to

the vehicle; nor shall the vehicle be modified in a manner that would

invalidate this certification.  All tankers shall be baffled in accordance

with the National Fire Protection Association Standard 1901 – Standard for

Automotive Fire Apparatus which is available from the National Fire Protection

Association. 

(3)           The following equipment shall be carried on

responding fire department pumpers:

(a)           The pumper shall be equipped with 2 ‑

150 foot 1-1/2 inch hose lines with fog nozzles attached;

(b)           One booster reel or three pre-connected hose

lines;

(c)           Suction hose ‑ size necessary to flow

the capacity of pumper ‑ 2 ‑ 10 foot sections;

(d)           Four OSHA approved self‑contained

breathing apparatus in proper working condition;

(e)           OSHA approved protective clothing for all

firefighters including helmets, hoods, coats, pants, boots, gloves; and

reflective clothing and helmet for traffic control personnel;

(f)            One 12 foot or 14 foot roof ladder;

(g)           One 24 foot or 35 foot extension ladder;

(h)           One axe;

(i)            One claw tool (Halligan Tool may replace

claw tool and crowbar);

(j)            One crowbar (Halligan Tool may replace

crowbar and claw tool);

(k)           One pike pole, minimum 8 foot;

(l)            Two portable hand lights ("4V"

wet or "6V" dry);

(m)          100 feet of rope, minimum ½ inch;

(n)           Two shovels;

(o)           Two 20 pound. Class B‑C portable

extinguishers;

(p)           One First Aid kit; and

(q)           One bolt cutter, 14 inches or longer.

 

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.

 

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

Any persons or fire departments needing information on

obtaining certification under this Section may contact the OSFM.

 

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.

 

11 NCAC 05A .0511          SIX MILE INSURANCE DISTRICT

To extend its insurance district to six miles, each fire

department shall apply and meet the following criteria:

(1)           The fire department shall provide the OSFM with a

hand drawn map and written description or a GIS computer generated map of its

fire district.

(2)           The map and written description shall be presented

to the County Commissioners for their approval, as set forth in G.S. 153A-233.

(3)           The department applying to extend its insurance

district to six miles shall enter into a written automatic aid contract with

the adjoining districts specifying that "an apparatus capable of  transporting"

a minimum of 1000 gallons of water shall be dispatched simultaneously with the

department whose district the incident is occurring within.

(4)           The County shall establish automatic aid protocols.

These protocols shall be maintained at the county communication center and shall

be used on all alarms involving reported structure fires.

 

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



Eff. October 1, 2006.

 

11 NCAC 05A .0512          STANDARDS AND POLICIES

(a)  The NCFSRS shall be used by the OSFM when the 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 members and one engine to all fires and fire alarms

in structures.  The chief may be one of the four responding members.  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 manpower shall be considered by the OSFM to

be a Non-Response.  Any department determined by the OSFM to have two or more "Non-Response"

records shall be placed by the OSFM on probation for a period of 12 months.  A

fire department on probation shall submit quarterly to the OSFM inspector all fire

and fire alarm in structure response records for the next 12 consecutive

calendar months that show there have been no additional "non-responses"

within that 12 month period.  If the fire department fails to submit the

quarterly report, the insurance district for the fire department shall be

designated a "Class 10" by the OSFM.

(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 or fire department chief or county fire marshal in writing of the

reduction in ratings classification.  The notification shall include:

(1)           Hydrant flow tests and hauled water

evaluations.

(2)           Ratings classification details.

(3)           Recommendations for improvement.

(c)  If the city or county manager or fire department chief

or county fire marshal fails to acknowledge receipt with 30 days after receipt

of the notification, the OSFM shall reduce the ratings classification of the

fire department.

(d)  If the city or county manager or fire department chief

or county fire marshal acknowledges receipt of the notification to the OSFM

within 30 days after receipt of the notification and advises the OSFM that the

fire department wants to retain its ratings classification, the city or county

manager or fire department chief or county fire marshal shall consult with the

individual who conducted the NCFSRS inspection and develop a plan to correct

the deficiencies that caused the reduction in ratings classification.

(e)  Within 90 days after the consultation, the city or county

manager or fire department chief or county fire marshal shall submit the plan

to the OSFM which shall determine whether the plan is satisfactory to cover the

deficiencies.  The OSFM shall notify the city or county manager or fire

department chief or county fire marshal in writing when the OSFM approves the

plan.

(f)  The fire department shall have one year after the

receipt of the approval to complete the plan to correct the deficiencies that

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/equipment grading score of a NCFSRS

inspection is prohibited.

 

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

58-86-25;

Eff. October 1, 2006.

 

SECTION .0600 - VOLUNTEER FIRE DEPARTMENT FUND

 

11 NCAC 05A .0601          DEFINITIONS

As used in this section:

(1)           "Department" means a volunteer fire

department situated in the State of North Carolina.

(2)           "Division" means the Fire and Rescue

Services Division of the North Carolina Department of Insurance.

(3)           "Fund" means the Volunteer Fire

Department Fund created in G.S. 58-87-1.

 

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

Eff. February 1, 1993.

 

 

 

11 NCAC 05A .0602          FIRE DISTRICT RATING CERTIFICATION

If a department is actively working with the Division to

obtain its fire district rating certification as of March 1, it may apply for a

grant.  In order to receive a grant, the department must obtain its fire

district rating certification within 60 days after the Division has determined

that the department has otherwise satisfied the requirements of G.S. 58-87-1

and this Section.

 

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

58‑87‑1;

Eff. February 1, 1993.

 

 

 

11 NCAC 05A .0603          REQUIREMENTS

(a)  The Volunteer Fire Department Fund application forms

for requesting grants for equipment purchases and capital expenditures, shall

be made available by the Division to all departments registered with the

Division and approved by the Division by the first business day of January of

each year.

(b)  Applications shall be submitted to the Division and be

postmarked or electronic date stamped no later than March 1. Applications

bearing postmarks or electronic date stamps later than March 1 are

disqualified.  The names of grant recipients shall be announced on May 15.  If

May 15 falls on a weekend, the announcement shall be made on the following

Monday.

(c)  Any application received by the Division that is

incorrect or incomplete shall be returned to the department with a request that

the correct or complete information be sent to the Division 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)  If the application includes a request for a motor

vehicle, the vehicle specifications and, if used, the previous year's

maintenance records shall accompany the application.

(e)  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 firemen as defined in G.S. 58-86-25;

(3)           A statement verifying the population that

the department serves;

(4)           A financial statement of the department;

and

(5)           A statement verifying that the department

is financially able to match the grant.

(f)  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 the Division 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 the Division 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.

(g)  Equipment purchased with grants is subject to

inspection by Division personnel.

 

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

58-87-1; 143C-6-23(b);

Eff. February 1, 1993;

Amended Eff. 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 Division shall consider the following criteria in relation to each

department:

(1)           number and age of vehicles;

(2)           population served;

(3)           county per capita income;

(4)           source of department funding;

(5)           money on hand;

(6)           protective equipment requested;

(7)           miscellaneous equipment requested;

(8)           vehicles requested;

(9)           capital improvements requested; and

(10)         current fire insurance rating.

 

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

Eff. February 1, 1993.

 

 

 

 

 

SECTION .0700 - VOLUNTEER RESCUE/EMS FUND

 

11 NCAC 05A .0701          DEFINITIONS

As used in this section:

(1)           "Division" means the Fire and Rescue

Services Division of the North Carolina Department of Insurance.

(2)           "Fund" means the Volunteer Rescue/EMS

Fund created in G.S. 58-87-5.

(3)           "Unit" means a volunteer rescue or

rescue/EMS unit situated in the State of North Carolina.

 

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

Eff. February 1, 1993.

 

 

 

11 NCAC 05A .0702          ALS CERTIFICATION

If a unit is actively 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 must obtain its ALS certification from OEMS within 60 days after the

Division has determined that the unit has otherwise satisfied the requirements

in G.S. 58-87-5 and this Section.

 

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

Eff. February 1, 1993.

 

 

 

11 NCAC 05A .0703          REQUIREMENTS FOR UNITS REQUIRED TO

MATCH GRANTS

(a)  The Volunteer Rescue/EMS Fund application forms for

requesting grants for equipment purchases and capital expenditures, shall be

made available by the Division to all departments registered with Division and

approved by the Division by the first business day of August of each year.

(b)  Applications shall be submitted to the Division and be

postmarked or electronic date stamped no later than October 1. Applications

bearing postmarks or electronic date stamps later than October 1 are

disqualified.  The names of the grant recipients shall be announced on December

15.  If December 15 falls on a weekend, the announcement shall be made on the

following Monday.

(c)  Any application received by the Division that is

incorrect or incomplete shall be returned to the unit with a request that the

correct or complete information be sent to the Division 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)  If the application includes a request for a vehicle,

the vehicle specifications and, if used, the previous year's maintenance

records shall accompany the application.

(e)  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; and

(4)           A financial statement of the unit.

(f)  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 the Division no later than April 30. 

Units submitting incorrect invoices, such as sales orders, acknowledgements,

and packing slips, before April 30 shall be contacted by the Division 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)  Equipment purchased with grants is subject to

inspection by Division personnel.

 

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

143C-6-23(b);

Eff. February 1, 1993;

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

 

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

MATCH GRANTS

Units that are not required to match funds must comply with

11 NCAC 5A .0703 except for Subparagraph (f)(4) of that Rule, which requires

the filing of a statement verifying that a unit is financially able to match a

grant.

 

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

Eff. February 1, 1993.

 

 

 

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 Division shall consider the following

criteria in relation to each unit:

(1)           number of personnel;

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

county;

(3)           number and age of vehicles;

(4)           county per capita income;

(5)           unit funding sources;

(6)           money on hand;

(7)           protective equipment requested;

(8)           miscellaneous equipment requested;

(9)           capital improvements requested; and

(10)         vehicles requested.

 

History Note:        Authority G.S. 58-2-40(10; 58-87-5;

Eff. February 1, 1993.

 

 

 

 

 

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.