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Winston-Salem considers building rule changes after Weaver fertilizer plant fire

Winston-Salem's public works committee discussed a proposal to update the city's UDO to include new regulations for manufacturers like fertilizer plants.

WINSTON-SALEM, N.C. — The Winston Weaver fertilizer fire in January 2022 affected dozens of Winston-Salem businesses and thousands of people living nearby. For a while, firefighters thought the fire could cause a massive explosion. They evacuated everyone within a one-mile radius of the plant. Once the fire was out, investigators found the chemicals from the plant polluted air and water in the area. 

In an effort to prevent future disasters at manufacturing facilities, Winston-Salem's public works committee will consider a change to the city's Unified Development Ordinance (UDO). The changes would line up more regulations and restrictions for future facilities.

The committee discussed the idea during its June 14 meeting. Moments before, the committee received an update from the Winston-Salem Fire Department outlining the Weaver plant's history of fire code violations.

In WSFD's presentation, they note that the Weaver fertilizer plant did not exhibit any fire code violations in their two most recent inspections. Those inspections were held on December 29, 2020 and December 27, 2021.

The plant did have multiple violations between 2016 and 2019:

  • May 2016: Inspectors found violations with overgrowth of combustible vegetation, electrical hazards and misplacement of fire extinguishers. The plant fixed the issues about a month later.
  • October 2017: Fire officials found violations with missing signage, cleaning solvent requirements, storage of combustible rubbish, electrical hazards and misplacement of fire extinguishers. The plant fixed the issues about three months later.
  • October 2018: Inspectors discovered violations with electrical hazards, exit signs, oil storage and misplacement of fire extinguishers. The problems were fixed about two months later.
  • November 2019: Inspectors found, for the fourth time in three years, violations with misplacement of fire extinguishers. The issue was resolved the day of the inspection.

The Weaver fertilizer plant was first constructed in 1939. The building codes enforced at the time were written in 1936. They did not require sprinkler systems or have rules on hazardous materials. Officials for building, electrical, mechanical or plumbing do not hold follow-up inspections once the certificate of occupancy is issued. 

New building codes written in the decades since the plant's construction did not apply.

Winston-Salem's public works committee considered new rules for future facilities during the June 14 meeting.

The changes came about after an April 12 meeting where staff presented results of a community review of fertilizer plant regulations.

The proposed UDO changes would apply to chemical, battery and explosive manufacturing facilities. A plant like Weaver's would fall into this category.

The changes include:

  • Approval of Special Use zoning, including a city council hearing and site plan.
  • Minimum site size of 25 acres.
  • Minimum perimeter setback of 400 feet for facility operations and 200 feet for parking.
  • An opaque security fence at least six feet high. Landscaping must be outside the fence.
  • Approval of a hazardous material management plan by the fire department prior to issuing a building permit.
  • Prohibition of operation within a designated water supply watershed.

The public works committee heard the proposal and directed staff to draft the changes in the form an ordinance change. The committee could consider approval at its next meeting on August 9. The measure would then likely need full city council approval before going into effect.

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