43070 - Insurance - Osfm - Technical Changes
11 NCAC 05A .0502-.0504 are repealed as published in 32:05 NCR 284-285 as follows:
11 NCAC 05A .0502 QUALIFICATIONS
11 NCAC 05A .0503 ESTABLISHMENT OF FIRE DEPARTMENT
11 NCAC 05A .0504 PRIMARY PERSONNEL
History Note: Authority G.S. 58-2-40; 58-84-5; 58-86-25; 143-166.1;
Eff. September 1, 1985;
Amended Eff. February 1, 2017; October 1, 2006; July 1, 1992; July 1, 1986;
Repealed Eff. January 1, 2018.
11 NCAC 05A .0901 is adopted with changes as published in 32:05 NCR 286 as follows:
CHAPTER 05 - OFFICE OF STATE FIRE MARSHAL
SUBCHAPTER 05A - FIRE AND RESCUE
SECTION .0900 – PUBLIC PROTECTION CLASSIFICATIONS FOR FIRE DISTRICTS
11 NCAC 05A .0901 DEFINITIONS
As used in this Subchapter:
(a) "9S Inspection" means an inspection conducted by the Office of State Fire Marshal (OSFM) to ensure compliance with the requirements of this Section in order to receive a public protection classification rating.
(b) "Automatic Aid" means assistance dispatched automatically by contractual agreement between two communities or fire districts to all structure fires.
[(b)](c) "Eligible Firefighter" means all persons 18 years of age or older who are firefighters as defined by G.S. 58-86-2. [firefighters in the State of North Carolina or any political subdivision thereof, including those performing such functions in the protection of life and property through firefighting within a county or city governmental unit. Eligible firefighter shall also mean an employee of a county whose duty is to act as fire marshal, deputy fire marshal, assistant fire marshal, or firefighter of the county.]
[(c)](d) "Engine" means a motorized vehicle meeting the requirements of NFPA 1901, "Standard for Automotive Fire Apparatus."[Standard for Automotive Fire Apparatus, designed to transport personnel and equipment, and to support the suppression of fires and mitigation of other hazardous conditions.]
[(d)](e) "Fire Department" means an organization established or organized under applicable [state] State and local laws, for the purpose of limiting, [reducing] reducing, or preventing damage or personal injury caused by fire or other emergency.
[(e)](f) "Fire Districts" or "Insurance Districts" means an area within a city, town, [municipality] municipality, or county that is established in order to provide fire prevention and fire suppression services.
[(f)](g) "Fire Station" means a building for the housing of fire department apparatus and personnel.
[(g)](h) "Gallons Per Minute" or "GPM" means the volume of water flow from a hose, [hydrant] hydrant, or other fire suppression apparatus.
(i) "Pounds Per Square Inch" or "PSI" means the pressure a gas or liquid exerts on the walls of its container.
[(h)](j) "Public Protection Classification" or "PPC" means a rating given to fire districts or insurance districts throughout the State [that relates to] on their ability to provide fire prevention and fire suppression services to affected areas within its jurisdictional boundaries.
(k) "Road Miles" are the miles that a fire apparatus will travel from a fire station to an emergency scene.
[(i)](l) "Rural Fire District" means a fire district that is outside the jurisdictional boundaries of a city, town or municipality and is established pursuant to G.S. Chapter 69, Article 3A [Chapter 153A, Article 11 of the North Carolina General Statutes] or G.S. Chapter 153A, Article 11. [Chapter 69, Article 3A of the North Carolina General Statutes.]
[(j)](m) "Structure Fire" means a condition where an actual monetary loss or physical damage has occurred to a building or constructed area, due to the result of a fire. [fire, uncontrolled or otherwise.]
[(k)](n) "Tanker" means a fire truck/engine designed to carry water to fires, [and is] whether equipped with or without a pump to dispense the water.
History Note Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0902 is adopted with changes as published in 32:05 NCR 286 as follows:
11 NCAC 05A .0902 PURPOSE
(a) [The purpose of this Section is to establish] [basic] This Section establishes standards for insurance public protection classifications for fire districts throughout the State.
(b) Fire districts in all rural areas of the State and in cities with populations of 100,000 or fewer according to the most recent annual population estimates certified by the State Budget Officer shall be inspected by the Department in accordance with the requirements of this Section. All other fire districts in the State [are] shall be inspected by the Insurance Services Office ("ISO") in accordance with this Section.
(c) A "PPC 1" is the best rating, and a "PPC 10" indicates that the fire district does not meet the minimum protection requirements.
(d) A fire district that meets the [basic] certification requirements set forth in this Section shall be given a public protection classification of "PPC 9S."
(e) A fire district that meets the certification requirements set forth in this Section, but contains properties within its jurisdictional limits that are more than five but within six road miles from a responding fire station, shall be given a public protection classification rating of "PPC 9E."
(f) If a fire district contains some properties within its jurisdictional limits that meet the requirements of a certain PPC rating, and some properties within its jurisdictional limits that meet the requirements of another PPC rating, the fire district may receive a split rating.
(g) To receive a public protection classification better than a "PPC 9S," a fire district must meet the requirements of this [Section] Section [as well as certain requirements of] and the North Carolina Fire Suppression Rating Schedule ("NCFSRS"). [("NCFSRS"), which is incorporated by reference in accordance with 11 NCAC 05A .0101.]
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0903 is amended as published in 32:05 NCR 286-287 as follows:
11 NCAC 05A .0903 RATING OF FIRE DISTRICTS
(a) To receive a PPC rating, a fire department shall submit a written request to OSFM containing the following information:
(1) The name of the fire district;
(2) The name of the entity that operates the fire district (e.g., city, town, [county);]county, non-profit corporation);
(3) [Whether the fire department is incorporated;]The name of the person in charge of the entity that operates the fire district;
(4) The name and title of the Fire Chief or his or her designee; [person responsible for the operation of the fire department;]
(5) [Physical] The physical address of the location of every fire station utilized by the fire department;
(6) [Mailing] The mailing address of the fire department;
(7) The Federal (FEIN) Tax ID number of the fire department;
(8) [If any contracts are with a local governmental body to provide fire protection, copies of any such contracts;] Copies of any contracts with a local government body to provide fire protection; and
(9) A Geographic Information System ("GIS") [computer generated] computer-generated map of the fire district, and documentation of the approval of the map by the local governing body [body of such map,] if applicable; and applicable.
[(10) Any other information OSFM requests.]
(b) A fire department may contract with more than one unit of government to provide fire protection. In addition, a local unit of government may contract with more than one fire department to provide fire protection.
(c) 9S Re-Inspections. Fire departments shall be re-inspected [at intervals set] by OSFM, at least every 10 years and shall be notified by OSFM of such 9S re-inspection in [a timely manner.] writing at least 30 days in advance. In addition, upon receipt of information alleging noncompliance with this Section that is reviewed and verified by OSFM, OSFM [may] shall perform unannounced re-inspections of fire departments.[departments upon receipt of information indicating noncompliance with this Section.]
(e) New Station Inspection. [The governing body of a]A fire department may request a certification inspection for any new station. Before OSFM will conduct the [inspection will be conducted,] inspection, the fire department must provide the following:
(1) Proof of Certificate of Occupancy; and
(2) If the fire department is adding to their rated insurance district with an additional station or making any changes to the insurance district lines, new maps and approvals [must be provided] in accordance with Subparagraph [(a)(9),] (a)(9). [above.]
(f) Merging of fire [Departments.] departments. When two or more fire departments merge into one fire department, OSFM shall conduct a 9S inspection. [inspection will be conducted.] Before the inspection will be conducted, the fire
departments must provide [provide, in addition to] the requirements of Paragraph (a). [Paragraph (a), above, the following:]
[(1) Name of the Fire Chief of the resulting organization,]
[(2) Name of the President or Chairman of the Board of the resulting organization,]
[(3) Verification of the roster and workers’ compensation requirements of 11 NCAC 05A .0906.]
[(4) Verification of all Contracts, including automatic aid, updated to reflect coverage/participation by the resulting merged organization.]
(g) Unless otherwise approved pursuant to Paragraph (h) of this Rule, a fire district may not extend more than five road miles from a responding fire station.
(h) A rural fire district may extend its boundaries to more than five road miles but within six road miles from a responding fire department if, in addition to the requirements of Paragraph (a) of this Rule, the fire department enters a written automatic aid contract with another jurisdiction that requires the responding party to respond with at least one piece of fire apparatus capable of carrying at least 1,000 gallons of water. [it meets the following requirements:]
[(1) Unless already specified in another contract, the fire department shall enter a written automatic aid contract with another jurisdiction that requires, among other things, the responding party to respond with a minimum of one piece of fire apparatus capable of carrying a minimum of 1,000 gallons of water; and]
[(2) The fire department shall establish automatic aid protocols. These protocols shall be maintained at the communication center, shall be used on all alarms involving reported structure fires, and shall include the signature of each department chief and the effective date.]
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25; 58-83-1.58-83-1;
Eff. January 1, 2018.
11 NCAC 05A .0904 is adopted as published in 32:05 NCR 287 as follows:
11 NCAC 05A .0904 FACILITIES
(a) A fire station shall be provided with [suitable] heating for all-weather protection of apparatus.
(b) If a fire department has multiple fire stations, each fire station [cannot] shall not be more than 10 road miles from another fire station within the fire district.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0905 is adopted with changes as published in 32:05 NCR 287-288 as follows:
11 NCAC 05A .0905 APPARATUS SPECFICATIONS AND EQUIPMENT
(a) Engines. All stations shall have at least one engine that [meets the requirements below:]is:
[(1) Certified by Underwriters Laboratories, Inc. or National Bureau of Fire Underwriters;]
[(2)](1) Constructed in accordance with NFPA 1901, [Standard for Automotive Fire Apparatus;]"Standard for Automotive Fire Apparatus"; and
[(3)](2) Equipped with the following:
(A) A pump certified by an independent third-party certification organization that is accredited for inspection and testing systems on fire apparatus in accordance with NFPA 1901, "Standard for Automotive Fire Apparatus."
[(A)](B) A pump rated at not less than 750 GPM at 150 PSI net pump pressure.
[(B)](C) A tank with at least a 300-gallon [capacity;]capacity.
[(C)](D) Two 200-foot pre-connected hose lines, with a diameter of 1 ½ inches, [1 ¾ inches] 1 ¾ inches, or 2 inches, with nozzles that have a minimum flow of 95 GPM.
[(D)](E) At least 20 feet of hard-suction hose in a size [necessary to flow the capacity of the engine, or at least 15 feet of soft-suction hose with a diameter of at least four inches.
[(E)](F) Four [NFPA approved] self-contained breathing apparatus (SCBA) in proper working condition. A SCBA shall be considered in proper working condition if the facepiece, back frame and harness, cylinder, hoses, low air alarms, [regulators] regulators, and accessories [(if applicable)] are [regularly] tested and [operational.] operational in accordance with manufacturer’s recommendations. The SCBA’s shall be certified in accordance with NFPA 1981, "Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services."
[(F)](G) Four spare SCBA cylinders.
[(G)](H) One roof ladder at least 12 feet long.
[(H)](I) One extension ladder at least 24 feet long.
[(I)](J) One folding ladder.
[(J)](K) One pike-head axe.
[(K)](L) [one] One flat-head axe.
[(L)](M) One forcible entry tool.
[(M)](N)One pike pole or plaster hook at least 6 feet long.
[(N)](O) Two portable, rechargeable hand lights suitable for use in hazardous [conditions.]conditions in accordance with NFPA 70, "National Electrical Code."
[(O)](P) 100 feet of utility rope, at least ½ inch in diameter.
[(P)](Q) Two 20 pound, class BC portable extinguishers.
[(Q)](R) One 2½-gallon water extinguisher.
[(R)](S) One first aid kit.
[(S)](T) One bolt cutter at least 14 inches long.
[(T)](U) One two-way radio assigned to the apparatus.
[(U)](V) One traffic vest for each riding position.
(b) Tankers. [Where applicable, tankers shall meet the requirements below:] If a station has a tanker, the tanker shall:
(1) Be equipped with at least 1,000 gallons of water.
(2) Be equipped with [the necessary hose] hoses and equipment for filling the tank and transferring water to the engine.
(3) Be properly baffled in accordance with [the National Fire Protection Association Standard 1901.] NFPA 1901, "Standard for Automotive Fire Apparatus."
(4) [One] Be equipped with one traffic vest for each riding position.
(c) Protective Clothing. Each eligible firefighter shall be provided [NFPA approved (at the time of purchase) protective clothing, including the following:]protective clothing approved pursuant to NFPA 1851, "Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting," including:
(1) [helmet;] Helmet.
(2) [coat;] Coat.
(3) [pants;] Pants.
(4) [boots;] Boots.
(5) [gloves; and] Gloves.
(6) [hoods.] Hoods.
(d) A fire station shall inspect all [apparatus] equipment inventory monthly, and document [verification of] the inspection.
(e) A fire station shall perform maintenance on engines and tankers in accordance with manufacturers recommendations, and maintain logs documenting all such maintenance.
(f) A fire department shall perform a fire pump performance test on all engines annually, in accordance with NFPA 1911, "Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles." If the engine was purchased within the previous 12 months, the certification required by Subparagraph (a)(2)(A) of this Rule shall satisfy this requirement.
(g) All NFPA standards referenced in this Rule are herein incorporated by reference, including subsequent amendments and editions. Copies of these standards are available for public inspection at the Department, or may viewed online for free at the National Fire Protection Association website at http://www.nfpa.org.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0906 is adopted with changes as published in 32:05 NCR 288 as follows:
11 NCAC 05A .0906 STAFFING LEVELS
(a) [Primary] Fire Station.
(1) Each fire department shall maintain a minimum of 15 eligible firefighters on its roster.
(2) Each fire department shall provide a roster containing the names and date of birth of all eligible firefighters. A report submitted to the North Carolina State Firefighters’ Association pursuant to G.S. 58-86-25 constitutes compliance with this [section.] Subparagraph.
(3) Each fire department shall provide current workers compensation insurance certifications for all of its eligible firefighters.
(4) [Junior firefighters or firefighters] Firefighters under the age of 18 will not be counted for purposes of meeting the requirements of this Rule.
(b) Additional Fire Stations: Fire departments that operate more than one station shall have four additional personnel for each additional station.
History Note: Authority G.S. 58-2-30; 58-36-10; 58-40-25; S.L. 2017-167.S.L. 2017-167;
Eff. January 1, 2018.
11 NCAC 05A .0907 is adopted with changes as published in 32:05 NCR 288 as follows:
11 NCAC 05A .0907 TRAINING
(a) Eligible firefighters shall attend at least 36 hours of training annually in the area of fire prevention, fire suppression, or protection of life and property. No more than 12 hours of emergency medical services training may be counted toward the 36-hour training requirement.
(b) Fire departments shall provide at least four hours of training per month, for a total of 48 hours of training per year.
(c) [The chief officer]Within one year of appointment, the fire chief of each fire department shall complete a class on [basic] management of fire department operations and records approved by the State Fire and Rescue Commission in accordance with G.S. Chapter 58, Article 78.[within one year of appointment.]
(d) Fire departments shall maintain training records in accordance with 11 NCAC 05A .0911.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0908 is adopted with changes as published in 32:05 NCR 288 as follows:
11 NCAC 05A .0908 COMMUNICATIONS AND ALARMS
(a) Fire departments shall utilize the Public Service Answering Point (PSAP) established pursuant to G.S. 143B, Article 15, Part 10, to receive 911 calls and dispatching, 24 hours per day, 7 days per week. [Communications facilities shall be provided for the receipt of reported emergencies, dispatching, documentation of responding fire apparatus, and notification of firefighters.]
[(b) The communications system shall provide facilities for dispatching assistance to fire emergencies 24 hours a day, seven days a week. ]
[(c) The communications facility shall have the capability of activating all types of systems utilized to dispatch the fire apparatus and notify all firefighters of an emergency.]
(d)(b) [The alert] Notification to firefighters of emergencies may be provided by pagers, portable radios with alerting capabilities, or station alerting devices with paid personnel. Text paging or phone paging by a third party shall not be [a credible] an acceptable means of notification.
(e)(c) In jurisdictions utilizing Automatic Vehicle Location [(AVL),] (AVL) systems, the fire department that is responsible for the fire district shall be [dispatched] dispatched, along with the closest unit recommendation of the [AVL.] AVL systems. In accordance with 11 NCAC 05A .0903(h), if a jurisdiction is utilizing AVL for unit dispatch, it shall ensure that an apparatus with a minimum of 1,000 gallons of water is dispatched as required by the automatic aid protocols.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0909 is adopted with changes as published in 32:05 NCR 288 as follows:
11 NCAC 05A .0909 RESPONSE TO STRUCTURE FIRES
(a) Each fire department shall ensure the response of at least four of its [members]eligible firefighters and one engine to all structure fires. [fires and fire alarms in structures where there is fire damage.] The fire chief may be one of the four responding members.
(b) The fire department responding to a structure fire shall have a plan to provide a minimum flow of 200 GPM for 20 minutes within five minutes of the first arriving engine.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0910 is adopted with changes as published in 32:05 NCR 288-289 as follows:
11 NCAC 05A .0910 INCIDENT REPORTING
(a) When a fire department responds to a fire, the fire chief shall [complete or cause to be completed a] ensure that a fire incident report is completed on the current version of the National Fire Incident Reporting System (NFIRS).
(b) A fire department shall keep records on dates, [times] times, and locations of all fires on the current version of the NFIRS.
(c) All reports shall be submitted to OSFM within 120 days of incident occurrence.
(d) When a fire department responds to a fire involving fatalities, an initial report shall be filed by the [district] fire chief or fire marshal of the authority having jurisdiction within 48 hours of the incident to the Office of State Fire Marshal.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25; 58-79-1; 58-79-45.58-79-45;
Eff. January 1, 2018.
11 NCAC 05A .0911 is adopted with changes as published in 32:05 NCR 289 as follows:
11 NCAC 05A .0911 RECORDS
[(a) Annually. A fire department shall perform a pump service test on all engines annually. If the engine has been purchased within the previous 12 months, the certification required by 11 NCAC 05A .0905 will satisfy this requirement. A fire department shall maintain a record of the pump service test for each engine since the date of the fire department’s last rating inspection.]
[(b)] [Monthly:] A fire department shall maintain the following [monthly records:] records for 36 months:
(1) Apparatus maintenance logs for in service engines and [tankers.]tankers, in accordance with 11 NCAC 05A .0905.
(2) Apparatus equipment inventory checks [in accordance with 11 NCAC 05A .0905] for all in service engines and [tankers.]tankers, in accordance with 11 NCAC 05A .0905.
(3) Fire pump performance tests, in accordance with 11 NCAC 05A .0905.
[(3)](4) [Eligible firefighter training]Training records for all eligible [firefighters] firefighters, in accordance with 11 NCAC 05A .0907.
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.
11 NCAC 05A .0912 is adopted with changes as published in 32:05 NCR 289 as follows:
11 NCAC 05A .0912 NON-COMPLIANCE
(a) Upon completion of an inspection, the OSFM inspector will review the inspection results with the fire chief or the chief’s designee. Any fire department that fails to meet any of the standards set forth in this Section shall be considered non-compliant for the purpose of determining Fire Insurance District Rating Classifications.
(b) A [fire department that is considered] non-compliant fire department shall have a period of 30 days from the date of the inspection to submit a written corrective action plan to OSFM. The corrective action plan shall address each deficiency found in the inspection and the corrective action the fire department will take in response to the deficiency. Upon receipt of approval of the corrective action plan from OSFM, the fire department shall have six months to become compliant. [If, after the six-month corrective action period] If the fire department remains [non-compliant,] non-compliant after the expiration of the six-month corrective action period, OSFM [will]shall consult with the [governing body]entity that operates the fire district [of the fire department] and place the fire department on probation until the fire department becomes compliant, for a period not to exceed six months. Upon completion of the probationary period, OSFM [will]shall re-inspect the fire department for compliance. If the fire department remains non-compliant, OSFM shall designate the fire department as a "PPC10" (non-certified).
History Note: Authority G.S. 58-2-40; 58-36-10; 58-40-25.58-40-25;
Eff. January 1, 2018.