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Chapter 14 – FIRE PREVENTION AND PROTECTION ARTICLE I. – IN GENERAL Sec. 14-1. - Fire protection district created; described. A Gordon County Fire Protection District is hereby created and such district shall include all that land now known as Gordon County, Georgia, with the exceptions of the incorporated areas of the City of Calhoun. (the County) Sec. 14-2. - Duties of the Chief generally. The Fire Chief, or Fire Department personnel under the chief's direction shall: See to the proper and speedy extinguishment of fires which may endanger life or property within the Gordon County Fire Protection District; Enforce all regulations of the Fire Department and directives of the Board of Commissioners and the County Administrator; Have command at the scene of a fire over the endangered property, the general area surrounding the property and all County personnel present including law enforcement personnel; Investigate all fires to identify the area of origin and cause, and to determine whether the crime of arson has been committed; Perform such other duties as may be required of the Fire Chief by this chapter, or by the Board of Commissioners or County Administrator; Enforce the provisions of this chapter and all state laws under his or her jurisdiction pertaining to the prevention, suppression, or extinguishing of fires. Sec. 14-3. - Mutual aid and automatic aid agreements adopted. The Board of Commissioners adopts agreements for mutual aid in fire protection between Gordon County and other agencies outside of the Gordon County jurisdiction for the purpose of securing to each the benefits of mutual aid in fire prevention, in the protection of life and property from fire, and in firefighting. The Board of Commissioners adopts agreements for automatic aid in fire protection between Gordon County and other agencies outside of the Gordon County jurisdiction for the purpose of securing to each the benefits of automatic aid in the protection of life and property from fire, and in firefighting. Such agreements are on file in the office of the clerk of the Board of Commissioners and available for inspection by the public during normal working hours. Sec. 14-4. – Liability. All employees charged with the enforcement of this chapter shall retain all official and governmental immunities afforded by law. Sec. 14-5—14-10. – Reserved ---PAGE BREAK--- ARTICLE II. – HAZARDOUS MATERIALS. Sec. 14-11. – Purpose To ensure, as far as possible, the safety of the citizens and personnel of the County from the possible harmful effects of hazardous materials, the ordinance from which this article is derived is adopted as an amendment to the fire prevention and protection ordinance to ensure that the quantities and types of hazardous chemicals and extremely hazardous substances will be known and regulated within the County to ensure as far as possible the safety of the citizens of the County from the dangers of hazardous materials. Sec. 14-12. – Scope This Article shall apply to all Hazardous Materials as described in IFC Chapter 50 and the companion provisions with the specific requirements of Chapters 51 through 67 regarding a given hazardous material. Also, Section 414 and 415 of the International Building Code which contain construction requirements related to the storage and use of such materials. All rules, regulations, and requirements of federal, state, or local law including, but not limited to the IFC and IBC, pertaining to hazardous materials as amended, are incorporated by reference as if specifically stated herein. Sec. 14-13. – Reporting requirements. The owner or operator of a facility subject to this article shall submit a safety data sheet and any other required forms to the Fire Prevention Division of the Fire Department. All Class A, B, and C explosives and blasting agents must be reported to the Fire Prevention Division of the Fire Department. Technical Opinion and Report - A third party technical opinion and report shall be prepared by a qualified expert to evaluate the fire, explosion, and health risk associated with all indoor and outdoor storage and handling area(s). The report shall be submitted to the fire code official and shall require the fire code official's approval prior to issuance of a permit. In addition to the requirements of the codes, the technical opinion and report(s) shall encompass the following criteria: The potential for deflagration of flammable gases released during a thermal runaway event. The basis of design for an automatic sprinkler system or other approved fire suppression and detection system. Such design basis shall reference relevant full-scale fire testing or another approved method of demonstrating sufficiency of the recommended. Evaluation and recommendations for fire and explosion protection. Hazardous Materials Management Plan (HMMP) in accordance with Section 5001.5.1 of the IFC. Hazardous Materials Inventory Statement (HMIS) in accordance with Section 5001.5.2 of the IFC. Fire Safety Plan - A fire safety plan shall be provided in accordance to Section 404 of the IFC. The facility will be subject to unannounced inspections by the Fire Prevention Division of the Fire Department to ensure compliance with the requirements of this chapter. Sec. 14-14. - Labeling requirements. All locations within the County boundaries that contain hazardous materials must label all containers in conformity with current DOT guidelines. The NFPA 704 system will also be required to be placed on a readily visible location of facilities to indicate hazardous materials. The above-mentioned plaque must be securely mounted to the side of any truck, wall, construction trailer, etc., and be in place at the location that is readily visible at all times; and be a minimum of at least 48 inches above ground level. ---PAGE BREAK--- Sec. 14-15. - Lithium-ion battery and lithium metal battery ordinance. The Authority Having Jurisdiction the fire code official, code enforcement officer, and building official shall enforce the provisions of this chapter to ensure the safety of the public, occupants of building and structures, and the building and structures within the jurisdiction. Per Federal, State, and local laws, rules, and regulations, Lithium-ion battery and lithium metal batteries are considered a high-hazard commodity aligning with the International Fire Code Appendix E 102.1.4 and Chapter 50 - Table 5003.1.1(1), that may produce a particular dangerous volume of fire that is difficult to extinguish. Permits. Permits shall be required for storage and handling of more than 15 cubic feet of lithium-ion and lithium metal batteries and shall comply with all requirements mandated by the IBC, IFC, and Gordon County Ordinances. Permitting and fee requirements shall follow all guidelines established by section 4-40.5 of the Gordon County Ordinances. Control areas shall be established and maintained for safe storage and handling of lithium-ion and lithium metal batteries. An additional plan review fees shall be calculated and applied based on each individual control area. Storage and handling of lithium-ion batteries and lithium metal batteries shall comply with this section with the following exceptions: New or refurbished batteries installed in the equipment and devices they are designed to power. New or refurbished batteries packed for use with the equipment and devices they are designed to power. Batteries for retail sale that are in original retail packaging that are rated at three hundred (300) watt-hours or less for lithium batteries or contain twenty-five (25) grams or less of lithium metal for lithium metal batteries. Lithium-ion and lithium metal battery storage shall be limited to ground level storage only. Storage of lithium batteries is prohibited under exit stairways. Fire areas shall be separated from each other by fire barriers having not less than two-hour fire resistance rating constructed in accordance with the building code, including horizontal assemblies. Where storage areas of lithium-ion and lithium metal batteries are in a building with other uses, battery storage areas shall be separated from the remainder of the building by two-hour rated fire barriers, including horizontal assemblies. Fire barriers shall be constructed according to the IBC. The maximum number of fire areas within a building shall be four the aggregate amount of lithium-ion and lithium metal batteries stored or handled in a single fire area shall not exceed nine thousand (9,000) pounds per fire area. Exceeding the allowable number of fire areas will require an increase in the hazardous occupancy classification and construction type, and must conform to all current and/or future adopted standards regulated by the Authority Having Jurisdiction, the fire marshal, and the building official. Lithium-ion and lithium metal batteries held in storage shall not be charged at levels exceeding fifty (50) percent of their rated capacity. Lithium-ion and lithium metal batteries held in storage shall be kept at temperatures between forty (40) and eighty (80) degrees Fahrenheit (four to twenty-seven (27) degrees Celsius) to help minimize the risk of thermal runaway from manufacturing defects, damage, or internal failures. Collection containers or bins used to collect, or store lithium-ion or lithium metal batteries shall be noncombustible and shall not have an individual capacity exceeding thirty (30) gallons (one hundred thirteen and six-tenths (113.6) liter), or seven and one-half (7.5) cubic feet, or shall be approved for transportation in accordance with the Department of Transportation (DOT). A second container or group of containers shall be separated by not less than three feet of open space, ten (10) feet of open space that contains combustible materials. Containers shall be located not less than ten (10) feet from exits, exits access, or exit access doors. Including containers or bins used to collect or hold damaged or discarded batteries. Bins used for damaged or discarded batteries shall be constructed as above and equipped with metal lids. Batteries that are damaged, or which have been designated as waste should have their battery terminals covered with insulating materials. ---PAGE BREAK--- Technical Opinion and Report - A third party technical opinion and report shall be prepared by a qualified expert to evaluate the fire, explosion, and health risk associated with all indoor and outdoor storage and handling area(s). The report shall be submitted to the fire code official and shall require the fire code official's approval prior to issuance of a permit. In addition to the requirements of the codes, the technical opinion and report(s) shall encompass the following criteria: The potential for deflagration of flammable gases released during a thermal runaway event. The basis of design for an automatic sprinkler system or other approved fire suppression and detection system. Such design basis shall reference relevant full-scale fire testing or another approved method of demonstrating sufficiency of the recommended. Evaluation and recommendations for fire and explosion protection. Testing requirements of UL9540A, as specified in NFPA 855 and the International Fire Code (IFC) for all energy storage systems (ESS). Hazardous Materials Management Plan in accordance with Section 5001.5.1 of the IFC. Hazardous Materials Inventory Statement (HMIS) in accordance with Section 5001.5.2 of the IFC. Fire Safety Plan - A fire safety plan shall be provided in accordance to Section 404 of the International Fire Code. Explosion Control - where the approved technical opinion and report recommends explosion control then such measures shall be established and approved by the AHJ. Outdoor Storage - outdoor storage of lithium-ion and lithium metal batteries, including storage beneath weather protection, shall comply with the following: Battery storage shall be located not less than twenty (20) feet from any building, lot line, public street, public alley, public way or means of egress. Battery storage shall be located not less than five feet from any building, lot line, public street public alley, public way or means of egress where the battery storage is separated by a two-hour fire resistance-rated assembly without openings or penetrations and extending five feet above and to the sides of the battery storage area(s). Battery storage shall be located not less than five feet from any building, lot line, public street, public alley, public way or means of egress where batteries are contained in approved prefabricated portable structures providing a complete two-hour fire resistance-rated enclosure. Storage areas, including storage beneath weather-protection shall not exceed nine hundred (900) square feet. The height of battery storage in such areas shall not exceed ten (10) feet. Multiple battery storage areas shall be separated from each other by not less than ten (10) feet of open space. Sprinkler Requirements - All fire areas used for lithium-ion and lithium metal battery storage or handling shall be equipped throughout with an approved automatic sprinkler system according to the following: All sprinkler systems shall conform to NFPA standards for plastics. Sprinkler protection shall be provided as detailed in NFPA 13, Standard for the installation of sprinkler systems, for cartooned unexpanded plastic commodities and for exposed unexpanded plastics. An approved automatic smoke detection system that activates an approved occupant notification system shall be provided throughout each fire area. Each fire area shall be provided with an approved automatic detection and alarm system. The system shall use air-aspirating smoke detection, radiant energy-sensing fire detection, or both. Continuous air sampling provides the earliest possible warning of an impending fire hazard. Aspiring detectors buy critical time needed to investigate an alarm and initiate an appropriate response to prevent injury, property damage or business disruption. Where storage and handling are required by other provisions of code to be provided with a higher level of sprinkler system protection, the higher level of sprinkler system protection shall be provided. Electrical Energy Storage Systems - ESS systems shall comply with Chapter 12; Section 1207 of the 2021 International Fire Code. Multifamily Developments. ---PAGE BREAK--- Any residential structure, other than single-family dwelling units, with an attached garage, shall have a minimum two-hour fire-resistance rated UL assembly separating the garage from any other portion of the structure. Any residential development, other than of single-family dwelling units, with detached garages shall maintain at least a twenty-foot separation from the residential structure to any detached garage structure within the development. Sec. 14-16 – 14-30. – Reserved. ARTICLE III. – FIRE PREVENTION Sec. 14-31. - Adoption of fire, life safety, and accessibility standards by reference. This chapter has been enacted to establish the minimum fire safety standards and requirements for the prevention of loss of life from fire, panic from fear of fire, explosions or other related hazards in all buildings, structures, and facilities. Further, this chapter provides for rules and regulations to improve public safety by promoting the control of fire hazards; regulating the use of structures; premises and open area; providing for the abatement of fire hazards; establishing the responsibilities and procedures for Code Enforcement; and setting forth the standards for compliance. The state minimum fire safety standards shall be enforced by the fire code official in the Fire Department of the County which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. The fire code official shall have the duties of the Chief of the Fire Prevention Division. Any authority, power or duty vested in the fire code official by any provision of this chapter may be exercised, discharged or performed by a deputy, assistant or other designated individual acting in the fire code officials name and by their delegated authority. There is hereby approved and adopted by reference as if the same were set forth herein in its full entirety and complete length the following standard fire codes, including all amendments, appendices, updates and modifications of said publication, including but not necessarily limited to those approved by the State of Georgia, shall automatically become a part of this Code without further action by the governing authority: International Fire Code; International Building Code; National Fire Protection Association (NFPA) 101 Life Safety Code; National Fire Protection Association (NFPA) 13, 13D, 13E, and 13R Sprinkler Code; National Fire Protection Association (NFPA) 72 Alarm Code; National Fire Protection Association (NFPA) Fire Protection Handbook; National Fire Protection Association (NFPA) 111 Standard on Stored Electrical Energy Emergency and Standby Power Systems; National Fire Protection Association (NFPA) 400 Hazardous Materials Code; National Fire Protection Association (NFPA) 401 Recommended Practice for the Prevention of Fires and Uncontrolled Chemical Reactions Associated with the Handling of Hazardous Waste; (10) National Fire Protection Association (NFPA) 484 Standard for Combustible Metals; (11) National Fire Protection Association (NFPA) 855 Standard for the Installations of Stationary Energy Storage Systems; (12) 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards; (13) 120-3-20 Georgia Accessibility Code; ---PAGE BREAK--- Any changes or variances of said publications adopted by reference in subsection must be approved by the County Fire Chief or County fire code official. In the event of any conflict between this code and the state minimum fire safety standards as adopted by the state, the more stringent code shall apply. Sec. 14-32. - Inspections and Enforcement. All buildings, structures, and facilities shall acquire a fire safety compliance certificate issued by the fire code official’s office prior to occupancy. The certificate shall be displayed in a conspicuous place in the business establishment at which address the certificate was issued. Any change of business or change in occupancy shall obtain a new certificate prior to occupancy or issuance of a business license. Said certificate will be issued upon satisfactory completion of all required technical codes, applicable laws and ordinances. The fire code official shall inspect or cause to be inspected at various intervals all construction work pertaining to fire codes and shall make any orders as may be necessary for the enforcement of the laws and ordinances governing the same. A final inspection shall be made of every building, structure, site, premises or facility for safeguarding of life and property from fire, explosion, and other hazards for use and occupancy of such. The fire code official shall examine all plans for buildings or developments for evidence of compliance with applicable requirements of specific code sections. Owners, their agents or designees, of all buildings, tenant spaces, and/or commercial sites covered by this article are required to submit plans and specifications of the project to the fire code official prior to obtaining the necessary construction permits. An eighty-percent completion inspection and a final inspection shall be performed by the fire code official prior to the occupancy of the facility. The fire code official may require tests or other investigations to be conducted by an agency satisfactory to the jurisdiction when appliances, devices, equipment, or systems intended for installation do not specifically meet the requirements of the code, but meet the intent of this code. The fire code official or fire investigator designated by the Fire Chief shall investigate or cause to be investigated every fire covered by this chapter by which property has been destroyed or damaged and, so far as possible, shall determine the cause. Such investigation shall begin immediately upon the occurrence of such fire. The fire code official shall notify the other authorities designated by law to pursue the investigation of such matters, and shall further cooperate with other agencies in the collection of evidence and the prosecution of any resulting case. Whenever an investigator or inspector shall find any building, or upon any premises or other places, combustible or explosive matter or dangerous accumulations of rubbish, or any highly flammable materials especially liable to fire, and which is so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows, liable to interfere operations of the Fire Department or egress of occupants in case of fire, the investigator or inspector shall order the same to be removed or remedied. Such order shall be complied with by the owner or occupant of such premises or building, subject to the appeal procedure provided for in this chapter. Any owner or occupant failing to comply with such order within a reasonable period after the service of said order shall be liable to penalties as herein provided. The service of any such order may be made upon the occupant of the premises to whom it is directed, or any person in charge of the premises. Sec. 14-33. - Construction Documents. Submittals. Construction documents shall be submitted in such form and detail as required by the fire code official. Documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official. ---PAGE BREAK--- It shall be the responsibility of the applicant to ensure that the construction documents include all of the fire protection requirements and are in compliance with the applicable codes and standards. Construction documents approved by the fire code official are approved with the intent that such construction documents comply in all respects with building and fire codes. Review and approval by the fire code official shall not relieve the applicant of the responsibility of compliance with this code. Where field conditions necessitate any substantial change from the approved construction documents, the fire code official shall have the authority to require the corrected construction documents to be submitted for approval. Revocation. The fire code official is authorized to revoke a permit issued under the provisions of this code when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or construction documents on which the permit or approval was based. Sec. 14-34. - Pre-Construction meetings. Prior to approval of certain project plans, mandatory pre-construction meetings may be required by the fire code official due to the project's complexity, size, scope and/or uniqueness. Sec. 14-35. - Sprinkler requirement for existing buildings and structures. The purpose of this section is to encourage the continued use or reuse of legally existing buildings and structures. The intent is to permit repairs, renovations, modifications, reconstructions, additions, and change of use or occupancy in existing buildings. Any requirements that are essential for the safety of building occupants and that are not specifically provided for by the life safety code, building code, or fire code, shall be determined by the Authority Having Jurisdiction. The provisions of this chapter shall apply to existing buildings and structures constructed prior to the adoption of this chapter, and shall provide a minimum degree of fire and life safety to persons occupying space which does not comply with current codes. The legal occupancy of any building or structure existing on the date of adoption of this Code shall be permitted to continue without change, except as otherwise provided, according to the following No change shall be made in the use or occupancy of any building or structure that would place the building or structure in a different division of the same group of occupancy or in a different group of occupancies, unless it is made to comply with the requirements of the current code for such division or group of occupancy. Any change of use or occupancy classification shall comply with the automatic sprinkler system requirements for new construction. In any building where renovation, modification, or reconstruction exceeds fifty (50) percent of the work area, an automatic fire sprinkler system shall be installed accordance with requirements for new construction and NFPA 13, 13R, or 13D. The requirement shall apply to the highest floor containing a work area and all floors below. Repair, renovation, modification, and reconstruction shall be defined by NFPA 5000. Exceptions: Historic buildings shall be defined as a building or facility deemed to have historical, architectural, or cultural significance by a local, regional, or national jurisdiction, and shall comply with the International Existing Building Code and the International Building Code. Single-family residential dwellings. Sec. 14-36. - Rendering equipment inoperable. Portable or fixed fire-extinguishing systems or devices and fire-warning systems shall not be rendered inoperative or inaccessible except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing. ---PAGE BREAK--- It shall be the responsibility of the property owner to notify the fire marshal's office in the event the portable or fixed fire- extinguishing system or device or fire-warning system is inoperative for any period of time. Sec. 14-37. - Emergency entrance key lock box. In order to expedite entry into a structure and to aid the Fire Department in the task of extinguishment, the following requirements have been developed. All new occupancies except one- and two-family dwellings, shall have a key lock box, approved by the fire code official. The location of the key lock box shall be approved by the fire code official. Sec. 14-38. - Fire Hydrants. Fire hydrant installation. Fire hydrants installed in the County shall meet City of Calhoun Utilities Engineering specifications and have a minimum of 1 5-inch Storz connection, and 2 2½-inch connections. All fire hydrants installed in the County shall be approved by the Fire Code Official. Fire hydrants without a pumper connection shall not be permitted. All hydrant cut-off valves shall be accessible and readily identified. Hydrant cut-off valves shall be located within a 3-foot radius of the fire hydrant it serves unless otherwise authorized by the Fire Code Official or Water Department Official. Fire hydrant specification. Current specifications for fire hydrants must be obtained from the Fire Code Official or Water Department Official prior to installation. All fire hydrants will be installed on water lines no less than six inches in diameter. Water supply. Adequate water supply to meet a minimum needed fire flow (NFF) shall be provided for all buildings constructed within the County. To ensure an adequate water supply exists, all proposed developments shall supply to the Fire Department a 24-hour water study by an independent third party. The study shall be of the immediate adjacent property to the proposed development including fire hydrant flow tests. More capacity may be required under certain circumstances by the Fire Code Official. Water mains, appliances, and fire hydrants shall be installed to provide the NFF or available water whichever is greater. In all cases, it is the responsibility of the property owner or developer to provide everything needed in order to provide the NFF or available water for fire protection. All fire flow tests shall be witnessed by the Fire Code Official, or representative, prior to final approval. Dead-end water mains shall be avoided when at all possible. All water mains shall be part of a grid, or loop, system to provide for the use of more than 1 hydrant at a time. The needed fire flow for fire protection shall be determined by an approved method by the Fire Department having jurisdiction. The needed fire flow will be determined before construction commences. The minimum acceptable fire flow for residential areas shall be 500 GPM flow with 20 PSI residual pressure. Locations of fire hydrants. Commercial, industrial, institutional, business, and other similar type building shall have a maximum distance from the nearest hydrant to the most remote exterior point of any building of 500 feet. The distance should be measured on a roadway surface meeting the Fire Department access requirements outlined in the IFC, with distance being added for turns and obstacles that may increase the way hose may be laid. Residential Subdivisions shall have a hydrant located at each entrance to the subdivision with all hydrants thereafter being spaced at intervals not to exceed 500 feet. It shall be unlawful for any person to place any object or materials that might constitute an obstruction within a three- foot radius space of a cistern or fire hydrant, or do any other act which would obstruct approaches to fire hydrants or cisterns by any member of the Fire Department. No person shall put any post or installation or structure or landscaping, nearer than thirty-six (36) inches to any fire hydrant. No person shall allow trees, bushes, or other growth upon the person's property to interfere with the approach to any fire hydrant or to encroach the 36-inch minimum clearance; A fire hydrant may not be painted except by an authorized agent or employee of the Fire Department of the County; ---PAGE BREAK--- Exceptions. Exceptions to the above shall be other installations acceptable to and approved by the Authority Having Jurisdiction. Any new construction development unable to comply with the NFF due to lack of infrastructure of the water system shall obtain an alternative method engineered and presented for approval. Sec. 14-39. – Fire Lanes / Fire Department Access Roads. No person shall park any motor vehicle or place any other property in a fire lane or Fire Department access road. However, this section shall not apply to authorized emergency vehicles. Sec. 14-40. - Fire, safety and accessibility fees. Fire Department plan review—Construction, expansion permit fee. There shall be a permit fee for the construction or for the expansion of every building in the County. Permits required by this Code shall be obtained from the fire code official. Permit fees shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designed therein at all times and shall be readily available for inspection by the fire code official. Said permit fees shall be calculated at a rate prescribed by the Board of Commissioners. Eighty (80) percent or cover up inspection, one hundred (100) percent or final inspection, and first follow-up inspection will be allowed under the construction permit with no additional charge. Sprinkler system and alarm system permit fee. There shall be a permit fee for a sprinkler system or alarm system being installed in buildings in the County, and said permit fee shall be calculated at a rate prescribed by the Board of Commissioners. Minimum fees. The minimum fees at a rate as prescribed by the Board of Commissioners shall be charged for the specific permits and services listed. Commercial Construction Fire Prevention Permit Religious / Private Education Construction Fire Prevention Permit Site Plan Review Second Follow Up Inspection All Other Follow Up inspections Tent Permit NFPA 96 Hood Vent Plan Review and Inspection Sprinkler System Plan Review Up to 15,000 sq ft Sprinkler System Plan Review Over 15,000 sq. ft. (10) Alarm System Plan Review Up to 15,000 sq. ft. (11) Alarm System Plan Review Over 15,000 sq. ft. (12) New Tenant Inspection (Business License) (13) Tenant Remodel or Minor Alterations Plan Review (14) Above Ground Fuel Tank Site Plan Review (15) Consumer Fireworks Retail Sales Stand (16) IFC 510 ERRC Permit There will be no charge for annual inspections. There will be no charge for the first follow-up inspection. Re-inspection fees will automatically be assessed on all second and third re-inspections. If during a re-inspection, a code violation is noted that was not listed as part of the original violation(s), a re- inspection fee will not be assessed for the newly cited code violation(s). Any newly cited code violation discovered at the time of re-inspection will be considered a first-time violation and will restart the re-inspection fee process. Re-inspection fees shall apply to all project plans which are re-submitted prior to addressing all red-line comments made by the fire code official or designee. Project plans submitted with multiple revisions will be assessed a new Fire Department plan review fee. A complete updated set of plans shall be submitted for Fire Department review upon the request of the fire code official or designee. ---PAGE BREAK--- Sec. 14-41. - Violations. It shall be unlawful for any person to violate the provisions or intent of these rules, regulations, codes or ordinances, maintain such violation, to refuse to obey any provision thereof, or fail to comply with any such rule, regulation or code, except by variance allowed by the fire code official. If investigators or inspectors of the Fire Department find conditions which are unsafe and/or in violation of the provisions or intent of the rules, regulations, codes or ordinances enforced by the fire marshal, notice which has been approved by the fire code official, shall be given to the owner, owner's agent, occupant, occupant's representative, or person in control of the premises requiring that any activities impacted by said condition(s) shall cease until the condition(s) is corrected. Said notice shall state the conditions under which work may be resumed. Permits or approvals may be revoked by the fire code official or his designee when there has been any false statement or misrepresentations as to any materials or facts contained in plans or other information which the permit or approval has been based. Proof of any such violation or unlawful act or failure shall be deemed prima facie evidence, that such act is that of the owner, owner's agent, occupant, occupant's representative or person in control of the premises. Prosecution or lack thereof of the owner, owner's agent, occupant, occupant's representative, or person in charge shall not be deemed to relieve any of the others. Sec. 14-42 –14-52. - Reserved. Sec. 14-53. - Appeals. Appeals shall be governed by Section 109 of the International Fire Code. Sec. 14-54. - Penalties. Any person, firm, corporation, or agent who shall violate any of the provisions of this chapter or the codes adopted herein shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of a penalty shall not be held to prevent the enforced removal of the prohibited conditions. Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. Failure to pay fire, safety and/or accessibility fees within thirty (30) days of the date of invoice will result in a late fee of twenty-five dollars ($25.00). Failure to pay within sixty (60) days will result in an additional late of fifty dollars ($50.00). Failure to pay within ninety (90) days will result in the revocation of the certificate of occupancy. Further, failure to pay fees in a timely manner on all returned checks for insufficient funds will result in the certificate of occupancy not being issued, or the current certificate of occupancy being revoked. The business will be notified in writing by certified mail that the certificate of occupancy has been revoked. Operating a business without a certificate of occupancy is a violation of Gordon County Ordinances. In addition to the late fees and penalties assessed above, any person violating any provision of this chapter shall, upon conviction thereof or upon entering a plea of guilty or nolo contendere thereto in the Magistrate Court of Gordon County, be punished by a fine not exceeding one thousand dollars ($1,000.00) and/or by imprisonment for a term of not more than sixty (60) days or any combination thereof, whichever in the interest of justice is deemed just and appropriate by the magistrate court judge. Each day a violation of this chapter is committed or permitted to continue shall constitute a new and separate offense for which the person may be punished as provided for above. ---PAGE BREAK--- Should any paragraph or provision of this section by declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.