Laserfiche WebLink
February 21, 2011 (Regular Meeting) Page 321 <br />(Ord. of 12 -2 -85, § 3; Ord. of 4.3 -86, § 3; Ord. of 4 -7 -86, § 3) <br />Sec. 34 -29. Notice of deficiency; time period for corrections. <br />If during any inspection the Fire Marshal determines that the fire <br />department is not meeting the minimum standards as set forth in this article, <br />a notice of deficiency must be given in writing by the Fire Marshal to the <br />fire chief and at least two officers of the corporation of the fire <br />department. This notice shall specify the period of time within which the <br />deficiencies must be corrected, provided that the length -of the period of <br />time shall be reasonable and in any event shall not be less than 15 days. At <br />the end of the specified period, an inspection shall be made by the Fire <br />Marshal to determine if the deficiencies have been corrected. If the <br />deficiencies have not been corrected, the Fire Marshal shall notify the <br />Cabarrus County Board of Commissioners with a recommendation to contract with <br />another department to provide service until deficiencies have been corrected. <br />(Ord. of 12 -2 -85, § 4; Ord. of 4 -3 -86, § 4; Ord. of 4 -7 -86, § 4) <br />Sec. 34 -30. Minimum standards for qualification. <br />Each fire department desiring to qualify for the financial assistance <br />provided for under this article shall meet the following minimum standards: <br />(1) The fire department shall be incorporated as a nonprofit corporation <br />under state law. A copy of the department's charter and current by -laws <br />shall be on file in the Fire Marshal's Office. <br />(2) Elections of at least a portion of the board of directors for the <br />incorporated fire department shall be held at least every year by the voting <br />membership of the corporation. The voting membership must include but is <br />not limited to either residents of the fire tax district which have <br />registered with the Cabarrus County Board of Elections and are eligible to <br />vote in a general election, or all resident property owners of the district. <br />(3) No absentee or proxy votes will be allowed, nor shall such election be <br />conducted by mail. <br />(4) Notice of an annual meeting to elect officers shall be given by notice in <br />local newspapers and as prescribed in the department's by -laws, or be a fire <br />department lawfully established by a city, town or sanitary district and <br />operate under the laws and provisions governing such departments. <br />(5) Each fire department shall have a fire chief, an assistant chief, other <br />necessary officers and personnel with a minimum of 19 firefighters who are <br />eligible firemen, in accordance with G.S. 118 -38. A list of all members, <br />their addresses, their telephone numbers, and social security numbers must be <br />given to the Cabarrus County Fire Marshal's Office on or before July 1 of <br />each year and within ten days of the addition of new members. <br />(6) All active members of a fire department in good standing shall have a <br />County issued ID card, and a department issued car plate to identify them as <br />a bona fide firefighter. No one other than an active or retired member in <br />good standing shall be allowed to have this identification in his possession. <br />The department issued car plate will be visible from the front of any vehicle <br />running emergency warning devices as defined by NC General Statutes. <br />(7) Each fire department shall maintain a class 9 or better rating with the <br />insurance services office and shall have and maintain equipment as required <br />by the state department of insurance for initial certification. These are <br />minimum requirements; therefore, efforts should be made toward improving fire <br />protection through equipment purchases and water supply development. All <br />equipment specified shall be kept in good condition and operative at all <br />times. Primary pumpers shall be subjected to an annual service test, as <br />prescribed by the ISO, and records of the test shall be filed with the <br />Cabarrus County Fire Marshal's Office. <br />(8) Each department shall carry liability insurance on its personnel and <br />equipment in the indemnity amount of at least $1,000,000.00, and further <br />holding the county harmless from any responsibility for damages, claims, or <br />expenses resulting from the activities of its firefighters or from the <br />operation of its equipment. Each fire department shall also carry worker's <br />compensation insurance on its active members in order to provide those <br />members with the benefits of the worker's compensation act. A certificate of <br />insurance for each department shall be on file at the Fire Marshal's Office. <br />