Fact Check: Can Business Owners in Charlotte use their own employees as Fire Watch Guards?

In Charlotte, North Carolina, a common misconception exists among business owners regarding fire watch duties. Some believe they can assign their own maintenance staff or other employees to act as fire watch guards during instances when a fire suppression system is out of service or during specific public gatherings. This belief contradicts the requirements set forth in the 2018 North Carolina State Building Code: Fire Prevention Code. This fact-check article aims to clarify these misconceptions by analyzing relevant sections of the code and related standards.

Overview of Fire Watch Requirements

1. Fire Watch Personnel Definition and Duties

Section 403.12.1 of the 2018 North Carolina State Building Code: Fire Prevention Code outlines the requirements for fire watch personnel. It specifies that fire watch personnel must be provided when the fire code official deems it essential for public safety in places where people congregate. The responsibilities of fire watch personnel include:

Keeping a diligent watch for fires, obstructions to means of egress, and other hazards.

Taking prompt measures to remediate hazards and extinguish fires.

Assisting in the evacuation of the public from structures.

These duties require specific training and focus, which cannot be effectively managed by employees who have other primary responsibilities within the business.

2. Duty Times and Exclusivity

According to Section 403.12.1.1, fire watch personnel must remain on duty while the place requiring a fire watch is open to the public or when an activity necessitating a fire watch is being conducted. This continuous duty requires full attention and cannot be compromised by employees attending to other tasks simultaneously.

Legal and Safety Considerations

3. Public Safety Plans and Gathering Regulations

Section 403.12.2 addresses the need for a public safety plan during indoor or outdoor gatherings that impact public safety. The fire code official has the authority to order the development of such a plan, which must address fire protection, emergency egress routes, and the presence of fire and emergency medical services personnel. This level of detail and coordination exceeds the capabilities of untrained employees or maintenance staff.

4. Crowd Managers for Large Gatherings

Section 403.12.3 requires crowd managers for events with more than 1,000 attendees. Crowd managers must undergo specific training and perform duties such as inspecting egress routes and mitigating fire hazards. This regulation underscores the necessity for trained and dedicated personnel rather than multitasking employees.

NFPA 601 and Fire Watch Best Practices

5. Essential Steps for Fire Watch Patrols

The NFPA 601 standard provides guidelines for fire watch patrols, emphasizing the importance of thorough inspections and immediate hazard mitigation. Key steps include:

Inspecting all buildings and spaces thoroughly.

Ensuring all fire protection equipment is operational and unobstructed.

Securing doors, gates, and windows.

Removing or reporting combustible materials.

Checking the status of heating devices and sprinkler systems.

These detailed tasks require focused attention and adherence to safety protocols, further illustrating why maintenance staff cannot perform dual roles effectively.

Case Analysis: Misconceptions and Legal Precedents

6. Misconception: Dual Role Capability

The belief that maintenance staff or other employees can serve as fire watch personnel while performing their regular duties is based on a misunderstanding of the fire watch requirements. The responsibilities and continuous duty times mandated by the fire code demand undivided attention, specialized training, and adherence to safety protocols that untrained employees cannot provide.

7. Legal Precedents and Enforcement

Legal precedents reinforce the strict enforcement of fire watch regulations. Business owners who fail to comply with these regulations risk significant legal liabilities, including fines and potential closure of their establishments. The fire code officials have the authority to enforce these regulations strictly to ensure public safety.

Can I use my employees as Fire Watch in Charlotte?

Business owners in Charlotte, North Carolina, cannot legally use their own employees to double as fire watch guards while performing other duties. The 2018 North Carolina State Building Code: Fire Prevention Code, along with NFPA 601 standards, clearly outlines the requirements and responsibilities of fire watch personnel. These regulations are in place to ensure public safety and must be adhered to by utilizing trained and dedicated fire watch guards.

References

2018 North Carolina State Building Code: Fire Prevention Code. Sections 403.12.1, 403.12.1.1, 403.12.2, and 403.12.3.

NFPA 601: Standard for Security Services in Fire Loss Prevention. Section 5.3.2.

This article provides a comprehensive fact check on the false claim that business owners in Charlotte can use their own employees as fire watch guards, dispelling this misconception with detailed analysis and legal backing. For those seeking further information on this topic, understanding and adhering to these regulations is crucial for ensuring public safety and compliance with fire codes.

The claim that a business owner can use their own employees to handle other duties and fire watch in Charlotte is false.