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Repealed Eff.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Repealed Eff.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.
