GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-151
SENATE BILL 409
AN ACT to amend the offense of breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft; TO PROVIDE THAT MULTIPLE ACTS OF CERTAIN FINANCIAL CRIME OFFENSES MAY BE AGGREGATED IN CERTAIN CIRCUMSTANCES WHEN DETERMINING THE LEVEL OF PUNISHMENT TO BE IMPOSED; TO PROVIDE THAT PROVING IT WAS THE REGULAR PRACTICE OF A BUSINESS ACTIVITY TO MAKE A MEMORANDUM, REPORT, OR DATA COMPILATION MAY BE MADE BY AN UNSWORN DECLARATION UNDER PENALTY OF PERJURY; TO CREATE A PILOT PROGRAM TO AUTHORIZE AUTOMATIC LICENSE PLATE READERS IN STATE RIGHTS‑OF‑WAY; TO MAKE TECHNICAL CHANGES TO THE obscene literature and exhibitions statute; AND TO ESTABLISH AN INDEPENDENT OFFICE OF THE STATE FIRE MARSHAL IN THE DEPARTMENT OF INSURANCE, TO PRESCRIBE THE POWERS AND DUTIES OF THAT OFFICE, AND TO AMEND CERTAIN FIREFIGHTER PROGRAMS.
The General Assembly of North Carolina enacts:
PART I. BREAKING OR ENTERING INTO OR BREAKING OUT OF RAILROAD CARS, MOTOR VEHICLES, TRAILERS, AIRCRAFT, BOATS, OR OTHER WATERCRAFT
SECTION 1.(a) G.S. 14‑56 reads as rewritten:
"§ 14‑56. Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.
(a) If It is
unlawful for any person, with the intent to commit any felony or
larceny therein, breaks or enters to break or enter any railroad
car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind,
containing any goods, wares, freight, or other thing of value, or, after having
committed any felony or larceny therein, breaks break out of any
railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of
any kind containing any goods, wares, freight, or other thing of value, that
person is guilty of a Class I felony. value. It is prima facie
evidence that a person entered in violation of this section if he the
person is found unlawfully in such a railroad car, motor vehicle, trailer,
aircraft, boat, or other watercraft.
(a1) If any person violates subsection (a) of this
section, that person is guilty of a Class H felony if both of the following
conditions are met:
(1) The railroad car, motor vehicle, trailer,
aircraft, boat, or other watercraft of any kind is owned or operated by any law
enforcement agency, the North Carolina National Guard, or any branch of the
Armed Forces of the United States.
(2) The person knows or reasonably should know that
the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft
of any kind is owned or operated by any law enforcement agency, the North
Carolina National Guard, or any branch of the Armed Forces of the United
States.
(a2) The following classifications apply to an offense under subsection (a) of this section:
(1) An offense is a Class H felony if the goods, wares, freight, or other thing of value taken has a value exceeding one thousand five hundred dollars ($1,500), but no more than twenty thousand dollars ($20,000), aggregated over a 90‑day period, or if all of the following conditions are met:
a. The railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States.
b. The person knows or reasonably should know that the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States.
c. The offense does not involve the taking of goods, wares, freight, or any other thing of value that would be punishable under subdivision (2), (3), or (4) of this subsection.
(2) An offense is a Class G felony if the goods, wares, freight, or other thing of value taken has a value exceeding twenty thousand dollars ($20,000), but no more than fifty thousand dollars ($50,000), aggregated over a 90‑day period.
(3) An offense is a Class F felony if the goods, wares, freight, or other thing of value taken has a value exceeding fifty thousand dollars ($50,000), but no more than one hundred thousand dollars ($100,000), aggregated over a 90‑day period.
(4) An offense is a Class C felony if the goods, wares, freight, or other thing of value taken has a value exceeding one hundred thousand dollars ($100,000), aggregated over a 90‑day period.
(5) An offense is a Class I felony for any other offense under subsection (a) of this section that is not otherwise covered under subdivisions (1) through (4) of this subsection.
(b) It shall not be a violation of this section for any person to break or enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind to provide assistance to a person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind if one or more of the following circumstances exist:
(1) The person acts in good faith to access the person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind in order to provide first aid or emergency health care treatment or because the person inside is, or is in imminent danger of becoming unconscious, ill, or injured.
(2) It is reasonably apparent that the circumstances require prompt decisions and actions in medical, other health care, or other assistance for the person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind.
(3) The necessity of immediate health care treatment or removal of the person from the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is so reasonably apparent that any delay in the rendering of treatment or removal would seriously worsen the physical condition or endanger the life of the person.
(c) Acts occurring in more than one county that would constitute a violation of subsection (a) of this section and involve the taking of goods, wares, freight, or any other thing of value may be aggregated into an alleged violation of subsection (a) of this section. Each county where a part of the charged offense occurs has concurrent venue as described in G.S. 15A‑132."
SECTION 1.(b) G.S. 14‑86.1(a) reads as rewritten:
"(a) All conveyances, including vehicles, watercraft, or aircraft, used to unlawfully conceal, convey, or transport property in violation of G.S. 14‑71, 14‑71.1, or 14‑71.2, used by any person in the commission of armed or common‑law robbery, used in violation of G.S. 14‑72.7, used by any person in the commission of any larceny when the value of the property taken is more than two thousand dollars ($2,000), used by any person in the commission of an offense under G.S. 14‑56, or used by any person in the commission of organized retail theft in violation of G.S. 14‑86.6 shall be subject to forfeiture as provided herein, except that:
."
SECTION 1.(c) Subsections (a) and (b) of this section become effective December 1, 2023, and apply to offenses committed on or after that date.
PART II. AGGREGATION OF FINANCIAL CRIMES
SECTION 2.(a) Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑1340.16F. Aggregation of multiple financial crime offenses.
(a) Definition. For purposes of this section, the term "financial crime offense" means any of the following:
(1) Acts of embezzlement punishable under Article 18 of Chapter 14 of the General Statutes.
(2) Acts of false pretenses punishable under G.S. 14‑100.
(3) Acts of exploitation of an older adult punishable under G.S. 14‑112.2.
(b) Aggregation. If a person is convicted of two or more of the same financial crime offenses, the financial crime offenses may be aggregated for sentencing if it is found that both of the following conditions are met:
(1) The person committed the financial crime offenses against more than one victim or in more than one county.
(2) The financial crime offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a common scheme or plan.
(c) Venue. Each county where a part of the violations aggregated under subsection (b) of this section occurs shall have concurrent venue as described in G.S. 15A‑132.
(d) Pleading. The pleading for financial crime offenses aggregated under this section shall allege the facts set out in subsection (b) of this section and identify the financial crime offenses to which the aggregation shall apply. The pleading is sufficient if it alleges that the defendant committed the financial crime offenses against more than one victim or in more than one county and that the financial crime offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a common scheme or plan.
(e) Procedure. The State shall prove the issues set out in subsections (b) and (f) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the financial crime offenses unless the defendant pleads guilty or no contest to the issues. If the defendant pleads guilty or no contest to the financial crime offenses but pleads not guilty to the issues set out in subsection (b) or subsection (f) of this section, then a jury shall be impaneled to determine the issues.
(f) Punishment. If convictions for two or more of the same financial crime offenses are aggregated in accordance with this section, the court shall use the aggregated value of the money, goods, property, services, chose in action, or other thing of value when determining the level of punishment to be imposed. Notwithstanding any provision of law to the contrary, financial crime offenses aggregated under subsection (b) of this section are punishable as follows:
(1) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds one thousand five hundred dollars ($1,500), then the aggregated offenses shall be punished as one Class H felony.
(2) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds twenty thousand dollars ($20,000), then the aggregated offense shall be punished as one Class G felony.
(3) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds fifty thousand dollars ($50,000), then the aggregated offenses shall be punished as one Class F felony.
(4) If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds one hundred thousand dollars ($100,000), then the aggregated offense shall be punished as one Class C felony."
SECTION 2.(b) Subsection (a) of this section becomes effective March 1, 2024, and applies to offenses committed on or after that date.
PART III. HEARSAY EXCEPTIONS; AVAILABILITY OF DECLARANT IMMATERIAL
SECTION 3.(a) G.S. 8C‑1, Rule 803, reads as rewritten:
"Rule 803. Hearsay exceptions; availability of declarant immaterial.
The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
(6) Records of Regularly
Conducted Activity. A memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses, made at or near the
time by, or from information transmitted by, a person with knowledge, if (i)
kept in the course of a regularly conducted business activity and (ii) it was
the regular practice of that business activity to make the memorandum, report,
record, or data compilation, all as shown by the testimony of the custodian or
other qualified witness, or by affidavit or by document under seal under
Rule 902 of the Rules of Evidence made by the custodian or witness, or by a
certification that complies with 28 U.S.C. § 1746 made by the custodian or
witness, unless the source of information or the method or circumstances of
preparation indicate lack of trustworthiness. Authentication of evidence by
affidavit shall be confined to the records of nonparties, and the proponent of
that evidence shall give advance notice to all other parties of intent to offer
the evidence with authentication by affidavit. The term "business" as
used in this paragraph includes business, institution, association, profession,
occupation, and calling of every kind, whether or not conducted for profit.
."
SECTION 3.(b) Subsection (a) of this section becomes effective March 1, 2024.
PART V. PILOT PROGRAM TO AUTHORIZE AUTOMATIC LICENSE PLATE READERS IN STATE RIGHTS‑OF‑WAY
SECTION 5.(a) The Department of Transportation may enter into agreements with the North Carolina State Bureau of Investigation for the placement and use of automatic license plate reader systems, as defined in G.S. 20‑183.30(1), within land or right‑of‑way owned by the Department of Transportation as part of a pilot program established by this section; provided that (i) the use of the land or right‑of‑way is temporary in nature, (ii) the automatic license plate reader system is above ground, removeable, and contains no combustible fuel, (iii) the placement and use does not unreasonably interfere with the operation and maintenance of public utility facilities or cause the facilities to fail to comply with all applicable laws, codes, and regulatory requirements, (iv) the authorization to locate the automatic license plate reader system within the right‑of‑way is revocable by the Department for cause with at least 30 days' notice, (v) the use of the automatic license plate reader system complies with provisions of Article 8A of Chapter 87 of the General Statutes, and (vi) the automatic license plate reader system is operated in accordance with Article 3D of Chapter 20 of the General Statutes. Placement and use of an automatic license plate reader system and related equipment under this subsection must be terminated and removed by the Department upon request by any affected public utility. The Department or a public utility may relocate an automatic license plate reader system and related equipment in the event that the Department or public utility needs immediate access to its utilities or facilities and shall only be liable for damages to the automatic license plate reader system and related equipment caused solely by its gross negligence or willful misconduct. If an automatic license plate reader system or related equipment is moved for immediate access, the Department or applicable public utility must provide notice to the State Bureau of Investigation. For purposes of this subsection, the term "public utility" means any of the following: a public utility, as defined in G.S. 62‑3(23), an electric membership corporation, telephone membership corporation, a joint municipal power agency, or a municipality, as defined in G.S. 159B‑3(5). The State Bureau of Investigation may enter into an agreement under this section on its own behalf or as an administrative agent of a local law enforcement agency in this State.
SECTION 5.(b) The North Carolina State Bureau of Investigation shall submit an initial report no later than April 15, 2025, and a final report no later than October 1, 2025, to the Joint Legislative Oversight Committee on Justice and Public Safety and the Joint Legislative Transportation Oversight Committee on automatic license plate reader systems placed on rights‑of‑way owned or maintained by the Department of Transportation. The interim and final reports shall contain the written policy governing use of each automatic license plate reader system, the number of requests for captured data by requesting agency, and the amount of data preserved for more than 90 days compared to the amount of data captured during the pilot program.
SECTION 5.(c) G.S. 136‑27.3A and G.S. 20‑183.32A are repealed.
SECTION 5.(d) G.S. 20‑183.30 reads as rewritten:
"§ 20‑183.30. Definitions.
The following definitions apply in this Article:
(1) Automatic license plate reader system. A system of one or more mobile or fixed automated high speed cameras used in combination with computer algorithms to convert images of license plates into computer readable data. This term shall not include a traffic control photographic system, as that term is defined in G.S. 160A‑300.1(a), or an open road tolling system, as that term is defined in G.S. 136‑89.210(3).
(1a) Reserved for future codification purposes.
(1b) Reserved for future codification purposes.
(1c) Reserved for future codification purposes.
(1d) Criminal justice officer. A criminal justice officer as defined in G.S. 17C‑2 and justice officer as defined in G.S. 17E‑2.
(2) Law enforcement agency. Any agency or officer of the State of North Carolina or any political subdivision thereof who is empowered by the laws of this State to conduct investigations or to make arrests and any attorney, including the Attorney General of North Carolina, authorized by the laws of this State to prosecute or participate in the prosecution of those persons arrested or persons who may be subject to civil actions related to or concerning an arrest.
(3) Reserved for future codification purposes.
(4) Reserved for future codification purposes.
(5) Law enforcement purpose. Any of the following:
a. Actions related to criminal investigations, arrests, prosecutions, post‑conviction confinement, or supervision.
b. Apprehending an individual with an outstanding felony warrant.
c. Locating a missing or endangered person.
d. Locating a lost or stolen vehicle.
(6) Reserved for future codification purposes.
(7) Reserved for future codification purposes.
(8) Missing or endangered person. A person who has been identified as a missing or endangered person by at least one of the following:
a. The National Criminal Information Center.
b. The National Center for Missing and Exploited Children.
c. A "be on the lookout" bulletin issued by a law enforcement agency."
SECTION 5.(e) G.S. 20‑183.31(b) reads as rewritten:
"(b) Data obtained by a
law enforcement agency in accordance with this Article shall be obtained,
accessed, preserved, or disclosed only for law enforcement or criminal
justice purposes. Notwithstanding, data obtained under the authority of
this Article shall not be used for the enforcement of traffic violations."
SECTION 5.(f) G.S. 20‑183.32(e) reads as rewritten:
"(e) Captured plate data
obtained in accordance with this Article is confidential and not a public
record as that term is defined in G.S. 132‑1. Data shall not be
disclosed except to a federal, State, criminal justice officer at a
State or local law enforcement agency or a similar official at a federal
law enforcement agency for a legitimate law enforcement or public safety
purpose pursuant to a written request from the requesting agency. Written
requests may be in electronic format. Nothing in this subsection shall be
construed as requiring the disclosure of captured plate data if a law
enforcement agency determines that disclosure will compromise an ongoing
investigation. Captured plate data shall not be sold for any purpose."
SECTION 5.(g) Article 3D of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑183.33. Penalty for violation.
Any person who violates the provisions of this Article by obtaining, accessing, preserving, or disclosing data obtained in accordance with this Article in a manner other than that allowed by the provisions of this Article is guilty of a Class 1 misdemeanor."
PART VII. CORRECTION TO G.S. 14‑190.1(g) OBSCENE LITERATURE AND EXHIBITIONS
SECTION 7.(a) G.S. 14‑190.1(g), as amended by Section 1 and Section 3 of S.L. 2023‑127, reads as rewritten:
"(g) Any person who
knowingly violates this section in the presence of a minor under 18 years of
age shall be guilty of a Class H felony. Any other violation Except as
otherwise provided in this subsection, a violation of this section is a Class I
felony. A violation of this section committed knowingly in the presence of an
individual under 18 years of age is a Class H felony.Except as otherwise
provided in this subsection, a violation of this section is a Class I felony. A
violation of this section committed knowingly in the presence of a minor under
18 years of age is a Class H felony."
SECTION 7.(b) Subsection (a) of this section becomes effective December 1, 2023, and applies to offenses committed on or after that date.
PART X. INDEPENDENT OFFICE OF THE STATE FIRE MARSHAL ESTABLISHED
SECTION 10.1.(a) Article 78A of Chapter 58 of the General Statutes, as enacted by Section 30.8(a) of S.L. 2023‑134, reads as rewritten:
"Article 78A.
"Office of State Fire Marshal.
"§ 58‑78A‑1. Office of the State Fire Marshal.
(a) The Office of the State
Fire Marshal is created within the Department of Insurance and that office may
and the Office shall exercise its prescribed powers and duties
independently of the Department. Department. The Commissioner Department
of Insurance shall provide general administrative support clerical
and professional services to the Office of the State Fire Marshal.Marshal
for the purpose of carrying out its powers and duties under this Article and
the laws of this State. For purposes of this section, the phrase "clerical
and professional services" includes, but is not limited to, budgetary,
human resources, information technology, and legal.
(b) The Office of the State Fire Marshal shall be responsible for all of the following:
(1) State Fire and Rescue Commission, Article 78 of this Chapter.
(2) Investigation of Fires and Inspection of Premises, Article 79 of this Chapter.
(3) State Volunteer Fire Department, Article 80 of this Chapter.
(4) Pyrotechnics Training and Permitting, Article 82A of this Chapter.
(5) Management of Aqueous Film‑Forming Foams, Article 82B of this Chapter.
(6) Local Firefighters' Relief Funds, Article 84 of this Chapter.
(7) Statewide Firefighters' Relief Fund, Article 85 of this Chapter.
(8) State Fire Protection Grant Fund, Article 85A of this Chapter.
(9) North Carolina Firefighters' and Rescue Squad Workers' Pension Fund, Article 86 of this Chapter.
(10) Volunteer Safety Workers Assistance, Article 87 of this Chapter.
(11) Rescue Squad Workers' Relief Fund, Article 88 of this Chapter.
(12) Building Code Council and Building Code, Article 9 of Chapter 143 of the General Statutes.
(13) North Carolina Manufactured Housing Board‑Manufactured Home Warranties, Article 9A of Chapter 143 of the General Statutes.
(14) Uniform Standards Code for Manufactured Homes, Article 9B of this Chapter.
(15) North Carolina Code Officials Qualification Board, Article 9C of this Chapter.
(16) North Carolina Home Inspector Licensure Board, Article 9F of this Chapter.
(17) Engineering and Building Codes Division in the Department of Insurance.
(18) Risk Management Division in the Department of Insurance.
(19) Community Risk Reduction Division in the Department of Insurance.
(b)(c) The "State
Fire Marshal," as that term is used in this Article and elsewhere
in the General Statutes, shall be the head of the Office of the State Fire
Marshal and shall be a person appointed by the Commissioner of Insurance subject
to confirmation by the General Assembly by joint resolution. The State Fire
Marshal shall be a person other than the Commissioner of Insurance and
shall serve a three‑year term. If a vacancy arises or exists pursuant to
this subsection when the General Assembly is not in session, the Commissioner of
Insurance may appoint a State Fire Marshal to serve on an interim basis
pending confirmation by the General Assembly. For the purposes of this
subsection, the General Assembly is not in session only (i) prior to convening
of the Regular Session, (ii) during any adjournment of the Regular Session for
more than 10 days, and (iii) after sine die adjournment of the Regular Session.
(c)(d) The salary of
the State Fire Marshal shall be set by the General Assembly in the Current
Operations Appropriations Act. In addition to the salary set by the General
Assembly in the Current Operations Appropriations Act, the State Fire Marshal
shall receive as longevity pay in an amount equal to four and eight‑tenths
percent (4.8%) of the annual salary set forth in the Current Operations
Appropriations Act payable monthly after five years of service, and nine and
six‑tenths percent (9.6%) after 10 years of service. For purposes of this
subsection, the term "service" means service as the State Fire
Marshal.
"§ 58‑78A‑2. Execution of laws; adopt rules to enforce laws.
The State Fire Marshal shall see that all laws he is responsible for administering are faithfully executed and, to that end, the State Fire Marshal is authorized to adopt rules in accordance with Chapter 150B of the General Statutes in order to enforce, carry out, and make effective the provisions of those laws. The State Fire Marshal is also authorized to adopt such further rules not contrary to those laws that will prevent persons subject to the State Fire Marshal's regulatory authority from engaging in practices injurious to the public.
"§ 58‑78A‑3. Public office; inspection of records.
The Office of the State Fire Marshal shall be a public office and the records, reports, books, and papers thereof on file therein shall be accessible to the inspection of the public, except that the records compiled as a part of an investigation for the crime of arson, that of unlawful burning, or of fraud, shall not be considered as public records and may be made available to the public only upon an order of a court of competent jurisdiction. Provided that such records shall upon request be made available to the district attorney of any district if the same concerns persons or investigations in his district.
"§ 58‑78A‑4. Hearings and investigations.
All hearings and investigations undertaken by the Office of the State Fire Marshal as required by this Article may be conducted by the State Fire Marshal personally or by one or more employees in the Office of the State Fire Marshal or, if requested by the State Fire Marshal, one or more employees in the Department of Insurance. If the State Fire Marshal or any investigator appointed to conduct the investigations is of the opinion that there is evidence to charge any person or persons with a criminal violation, the State Fire Marshal may arrest with warrant or cause the person or persons to be arrested. All hearings shall, unless otherwise specially provided, be held in accordance with this Article and Article 3A of Chapter 150B of the General Statutes and at a time and place designated in a written notice given by the State Fire Marshal to the person cited to appear. The notice shall state the subject of inquiry and the specific charges, if any.
"§ 58‑78A‑5. Designated hearing officers.
In any contested case involving the Office of the State Fire Marshal, the State Fire Marshal may designate a member of his staff to serve as a hearing officer. When the State Fire Marshal is unable or elects not to hear a contested case and elects not to designate a hearing officer to hear a contested case, the State Fire Marshal shall apply to the Director of the Office of Administrative Hearings for the designation of an administrative law judge to preside at the hearing of a contested case. Upon receipt of the application, the Director shall, without undue delay, assign an administrative law judge to hear the case.
"§ 58‑78A‑6. Civil penalties or restitution for violations; administrative procedure.
(a) This section applies to any person who is subject to licensure by the Office of the State Fire Marshal.
(b) Whenever the State Fire Marshal finds a violation of any of the provisions of this Article, the State Fire Marshal may, in addition to or instead of suspending or revoking the license issued by the State Fire Marshal, order the payment of a monetary penalty as provided in subsection (c) of this section or petition the Superior Court of Wake County for an order directing payment of restitution as provided in subsection (d) of this section, or both. Each day during which a violation occurs constitutes a separate violation.
(c) If the State Fire Marshal orders the payment of a monetary penalty pursuant to subsection (b) of this section, the penalty shall not be less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). In determining the amount of the penalty, the State Fire Marshal shall consider the degree and extent of harm caused by the violation, the amount of money that inured to the benefit of the violator as a result of the violation, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with laws, rules, or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. Payment of the civil penalty under this section shall be in addition to payment of any other penalty for a violation of the criminal laws of this State.
(d) Upon petition of the State Fire Marshal, the court may order the person who committed a violation of this Article to make restitution in an amount that would make whole any person harmed by the violation. The petition may be made at any time and also in any appeal of the State Fire Marshal's order. Restitution to any State agency for extraordinary administrative expenses incurred in the investigation and hearing of the violation may also be ordered by the court in such amount that would reimburse the agency for the expenses.
(e) Nothing in this section shall prevent the State Fire Marshal from negotiating a mutually acceptable agreement with any person as to the status of the person's license or as to any civil penalty or restitution.
(f) Unless otherwise specifically provided for, all administrative proceedings under this Article are governed by Chapter 150B of the General Statutes. Appeals of the State Fire Marshal's orders under this section shall be governed by G.S. 58‑78A‑7.
"§ 58‑78A‑7. Court review of orders and decisions.
(a) Any order or decision made, issued, or executed by the State Fire Marshal is subject to review in the Superior Court of Wake County on petition by any person aggrieved filed within 30 days from the date of the delivery of a copy of the order or decision made by the State Fire Marshal upon the person. A copy of the petition for review as filed with and certified by the clerk of the Superior Court of Wake County shall be served upon the State Fire Marshal within five days after the filing thereof. If the petition for review is not filed within 30 days, the parties aggrieved shall be deemed to have waived the right to have the merits of the order or decision reviewed and there shall be no trial of the merits thereof by any court to which application may be made by petition or otherwise, to enforce or restrain the enforcement of the same.
(b) The State Fire Marshal shall within 30 days, unless the time is extended by order of court, after the service of the copy of the petition for review as provided in subsection (a) of this section, prepare and file with the clerk of the Superior Court of Wake County a complete transcript of the record of the hearing, if any, had before him, and a true copy of the order or decision duly certified. The order or decision of the State Fire Marshal if supported by substantial evidence shall be presumed to be correct and proper. The court may change the place of hearing (i) upon consent of the parties, (ii) when the convenience of witnesses and the ends of justice would be promoted by the change, or (iii) when the judge has at any time been interested as a party or counsel. The cause shall be heard by the trial judge as a civil case upon transcript of the record for review of findings of fact and errors of law only. It shall be the duty of the trial judge to hear and determine the petition with all convenient speed and, to this end, the cause shall be placed on the calendar for the next succeeding term for hearing ahead of all other cases except those already given priority by law. If, on the hearing before the trial judge, it shall appear that the record filed by the State Fire Marshal is incomplete, the trial judge may, by appropriate order, direct the State Fire Marshal to certify any or all parts of the record omitted. The trial judge shall have jurisdiction to affirm or to set aside the order or decision of the State Fire Marshal and to restrain the enforcement thereof.
(c) Appeals from all final orders and judgments entered by the superior court in reviewing the orders and decisions of the State Fire Marshal may be taken to the appellate division of the General Court of Justice by any party to the action as in other civil cases.
(d) The commencement of proceedings under this section shall not operate as a stay of the State Fire Marshal's order or decision, unless otherwise ordered by the court.
"§ 58‑78A‑8. Original documents and certified copies as evidence.
Every document executed by the State Fire Marshal, in pursuance of any authority conferred on him by law and sealed with his seal of office, may be used as evidence and may be recorded in the proper recording offices, in the same manner and with like effect as a deed regularly acknowledged or proved before an officer authorized by law to take the probate of deeds, and all copies of papers in the Office of the State Fire Marshal certified by him and authenticated by his official seal shall be evidence as the original.
"§ 58‑78A‑9. Court appearances.
Whenever the State Fire Marshal or any employee of the Office of the State Fire Marshal is requested or subpoenaed to testify as an expert witness in any civil or administrative action, the party making the request or filing the subpoena and on whose behalf the testimony is given shall, upon receiving a statement of the cost from the State Fire Marshal, reimburse the Office of the State Fire Marshal for the actual time and expenses incurred by the Office of the State Fire Marsal in connection with the testimony.
"§ 58‑78A‑10. Seal.
The State Fire Marshal, with the approval of the Governor, shall devise a seal, with suitable inscription, for his office, a description of which, with the certificate of approval by the Governor, shall be filed in the Office of the Secretary of State, with an impression thereof, which seal shall thereupon become the seal of the Office of the State Fire Marshal. The seal may be renewed whenever necessary.
"§ 58‑78A‑11. Oaths.
The State Fire Marshal or his designee in the Office of the State Fire Marshal shall administer all oaths required in the discharge of the State Fire Marshal's official duty.
"§ 58‑78A‑12. Manufactured housing; restraining orders; criminal convictions; license surrenders.
(a) Restraining Order. Whenever it appears to the State Fire Marshal that any person has violated, is violating, or threatens to violate any provision of Article 9A of Chapter 143 of the General Statutes (North Carolina Manufactured Housing Board Manufactured Home Warranties), the State Fire Marshal may apply to the superior court of any county in which the violation has occurred, is occurring, or may occur for a restraining order and injunction to restrain such violation. If upon application the court finds that any provision of Article 9A of Chapter 143 of the General Statutes has been violated, is being violated, or a violation thereof is threatened, the court shall issue an order restraining and enjoining such violations and relief may be granted regardless of whether criminal prosecution is instituted under any provision of law.
(b) Criminal Conviction. The conviction in any court of competent jurisdiction of any licensee for any criminal violation of Article 9A of Chapter 143 of the General Statutes automatically has the effect of suspending the license of that person until such time that the license is reinstated by the North Carolina Manufactured Housing Board. As used in this subsection, "conviction" includes an adjudication of guilt, a plea of guilty, and a plea of nolo contendere.
(c) License Surrenders. When a person or entity licensed under Article 9A of Chapter 143 of the General Statutes is accused of any act, omission, or misconduct that would subject the license to suspension or revocation, the licensee, with the consent and approval of the State Fire Marshal, may surrender the license for a period of time established by the State Fire Marshal. A person or entity who surrenders a license shall not thereafter be eligible for or submit any application for licensure during the period of license surrender.
"§ 58‑78A‑13. Notification of criminal convictions and changes of address; service of notice.
(a) Every applicant for a license issued by the State Fire Marshal shall inform the State Fire Marshal of the applicant's residential address and provide the applicant's email address to which the State Fire Marshal can send electronic notifications and other messages. Every licensee shall give written notification to the State Fire Marshal of any change of the licensee's residential or email address within 10 business days after the licensee moves into the licensee's new residence or obtains a different email address. This requirement applies if the change of residential address is by governmental action and there has been no actual change of residence location, in which case the licensee shall notify the State Fire Marshal within 10 business days after the effective date of the change. A violation of this subsection is not a ground for revocation, suspension, or nonrenewal of the license or for the imposition of any other penalty by the State Fire Marshal, though a licensee who violates this subsection shall pay an administrative fee of fifty dollars ($50.00) to the State Fire Marshal. Notification under this subsection may be accomplished by submitting written notification directly to the State Fire Marshal or by using any online services approved by the State Fire Marshal for this purpose.
(b) If a licensee is convicted in any court of competent jurisdiction for any crime or offense other than a motor vehicle infraction, the licensee shall notify the State Fire Marshal in writing of the conviction within 10 days after the date of the conviction. As used in this subsection, "conviction" includes an adjudication of guilt, a plea of guilty, or a plea of nolo contendere.
(c) Notwithstanding any other provision of law, whenever the State Fire Marshal is authorized or required to give any notice under this Article, the notice may be given personally or by sending the notice by first‑class mail to the licensee at the address that the licensee has provided to the State Fire Marshal under subsection (a) of this section. The giving of notice by mail under this subsection is complete upon the expiration of four days after the deposit of the notice in the post office. Proof of the giving of notice by mail may be made by the certificate of any employee of the Department of Insurance.
"§ 58‑78A‑14. Advisory committees.
The State Fire Marshal may create and appoint committees, each of which shall consist of no more than 13 members unless otherwise provided by law. The members of any committee shall serve at the pleasure of the State Fire Marshal and may be paid per diem and necessary travel and subsistence expenses within the limits of appropriations made by the General Assembly and in accordance with G.S. 138‑5. Per diem, travel, and subsistence payments to members of committees that are created in connection with federal programs shall be paid from federal funds unless otherwise provided by law. For purposes of this section, the term "committee" means a collective body that consults with and advises the State Fire Marshal or his designee in detailed technical areas or as representative of citizen advice in specific areas of interest.
."
SECTION 10.1.(b) G.S. 58‑2‑95 is recodified as G.S. 58‑78A‑15.
SECTION 10.1.(c) G.S. 58‑78A‑15, as recodified by subsection (b) of this section, reads as rewritten:
"§ 58‑78A‑15. Commissioner State Fire
Marshal to supervise local inspectors.
The Commissioner State
Fire Marshal shall exercise general supervision over local investigators of
fires and fire prevention inspectors. Whenever the Commissioner State
Fire Marshal has reason to believe that the local inspectors are not doing their
duty, he or his the State Fire Marshal or the State Fire Marshal's deputy
shall make special trips of inspection and take proper steps to have all the
provisions of the law relative to the investigation of fires and the prevention
of fire waste enforced."
SECTION 10.1.(d) G.S. 58‑31‑40 is recodified as G.S. 58‑78A‑16.
SECTION 10.1.(e) G.S. 58‑78A‑16, as recodified by subsection (d) of this section, reads as rewritten:
"§ 58‑78A‑16. Commissioner State Fire
Marshal to inspect State property.
(a) The Commissioner State
Fire Marshal shall, as often as is required in the fire code adopted by the
North Carolina Building Code Council or more often if the Commissioner State
Fire Marshal considers it necessary, visit, inspect, and thoroughly examine
every State property to analyze and determine its protection from fire,
including the property's occupants or contents. The Commissioner State
Fire Marshal shall notify in writing the agency or official in charge of
the property of any defect noted by the Commissioner State Fire
Marshal or any improvement considered by the Commissioner State
Fire Marshal to be necessary, and a copy of that notice shall be forwarded
by the Commissioner State Fire Marshal to the Department of
Administration.
(b) No agency or person authorized
or directed by law to select a plan or erect a building comprising 20,000
square feet or more for the use of any county, city, or school district shall
receive and approve of the plan until it is submitted to and approved by the Commissioner
State Fire Marshal as to the safety of the proposed building from
fire, including the property's occupants or contents.
."
SECTION 10.1.(f) G.S. 58‑2‑121 is recodified as G.S. 58‑78A‑17.
SECTION 10.1.(g) G.S. 58‑78A‑17, as recodified by subsection (f) of this section, reads as rewritten:
"§ 58‑78A‑17. Report of Department to General Assembly committees on various relief funds.
Beginning on April 1, 2016, and
each year thereafter, the Department of Insurance Office of the State
Fire Marshal shall report to the House Appropriations Subcommittee on
General Government and Government, the Senate Appropriations
Committee on General Government and Information Technology Technology,
and the Fiscal Research Division the following information about each local
firefighters' relief fund board, the North Carolina State Firefighters'
Association, and the North Carolina Association of Rescue and Emergency Medical
Services, Inc.:
(1) The total amount of money disbursed from the relief funds controlled by each of the entities.
(2) The amount of money spent by each entity for each of the statutorily permissible uses.
(3) Each entity's ending fund balance.
The report also should describe any problems with data collection and quality and, if applicable, make recommendations on actions the General Assembly could take to resolve any data issues."
SECTION 10.1.(h) This section is effective January 1, 2024.
SECTION 10.2.(a) Section 30.8(e) of S.L. 2023‑134 reads as rewritten:
"SECTION 30.8.(e) Notwithstanding G.S. 58‑78A‑1, as enacted
by subsection (a) of this section, or any other provision of law, the Commissioner
of the Department of Insurance Chief State Fire Marshal, position number
60013729, serving on October 1, 2023, shall serve as the State Fire Marshal
until the General Assembly confirms an independent State Fire Marshal, as
authorized by G.S. 58‑78A‑1, as enacted by subsection (a) of
this section.section. In his capacity as State Fire Marshal until the
General Assembly confirms an independent State Fire Marshal as provided in
subsection (a) of this section, the Chief State Fire Marshal shall have the
same powers as the Commissioner of Insurance under Chapter 58 of the General
Statutes for the purpose of executing the laws of this State that are assigned
to the State Fire Marshal and the Office of the State Fire Marshal by the
General Assembly."
SECTION 10.2.(b) The individual serving as the legislative liaison for the Office of the State Fire Marshal, position number 60013560, on October 1, 2023, shall continue to serve in that capacity at the individual's option or until further action is taken by the Office of the State Fire Marshal in accordance with law.
SECTION 10.3. All employees of the Office of the State Fire Marshal on October 1, 2023, shall continue as employees of the Office at their option or until further action is taken by the Office in accordance with law. All positions in the Office of the State Fire Marshal on October 1, 2023, shall remain in the Office of the State Fire Marshal unless changed by the General Assembly. All programs and functions conducted by the Office of the State Fire Marshal on October 1, 2023, shall continue without any reduction in funds, responsibilities, or administrative support, including, but not limited to, budgetary, human resources, information technology, and legal, unless expressly authorized by the General Assembly.
PART xI. POWERS AND DUTIES OF STATE FIRE MARSHAL
SECTION 11.1. G.S. 58‑2‑40(1a) is repealed.
SECTION 11.2. G.S. 58‑2‑50 reads as rewritten:
"§ 58‑2‑50. Examinations, hearings, and investigations.
All examinations, hearings, and investigations provided for by this Chapter that are within the scope of the Commissioner's powers and duties may be conducted by the Commissioner personally or by one or more deputies, investigators, actuaries, examiners or employees designated for the purpose. If the Commissioner or any investigator appointed to conduct the investigations is of the opinion that there is evidence to charge any person or persons with a criminal violation of any provision of this Chapter, the Commissioner may arrest with warrant or cause the person or persons to be arrested. All hearings shall, unless otherwise specially provided, be held in accordance with this Article and Article 3A of Chapter 150B of the General Statutes and at a time and place designated in a written notice given by the Commissioner to the person cited to appear. The notice shall state the subject of inquiry and the specific charges, if any."
SECTION 11.3. G.S. 58‑2‑55 reads as rewritten:
"§ 58‑2‑55. Designated hearing officers.
In any contested case under this Chapter
or Article 9A or Article 9B of Chapter 143 of the General Statutes, Chapter
that is within the scope of the Commissioner's powers and duties, the Commissioner
may designate a member of his staff to serve as a hearing officer. When the
Commissioner is unable or elects not to hear a contested case and elects not to
designate a hearing officer to hear a contested case, he shall apply to the
director of the Office of Administrative Hearings for the designation of an
administrative law judge to preside at the hearing of a contested case. Upon
receipt of the application, the Director shall, without undue delay, assign an
administrative law judge to hear the case."
SECTION 11.4. G.S. 58‑2‑60 reads as rewritten:
"§ 58‑2‑60. Restraining orders; criminal convictions.
(a) Whenever it appears to
the Commissioner that any person has violated, is violating, or threatens to
violate any provision of Articles 1 through 64, 65 and 66, 67, 69, 70, or 71 of
this Chapter, or Article 9A of Chapter 143 of the General Statutes, Chapter,
he may apply to the superior court of any county in which the violation has
occurred, is occurring, or may occur for a restraining order and injunction to
restrain such violation. If upon application the court finds that any provision
of said statutes has been violated, is being violated, or a violation thereof
is threatened, the court shall issue an order restraining and enjoining such
violations; and such relief may be granted regardless of whether criminal
prosecution is instituted under any provision of law.
."
SECTION 11.5. G.S. 58‑2‑65 reads as rewritten:
"§ 58‑2‑65. License surrenders.
This section applies to persons or
entities licensed under Articles 1 through 64, 65 and 66, 67, 69, 70, or 71 of
this Chapter, or Article 9A of Chapter 143 of the General Statutes. Chapter.
When a licensee is accused of any act, omission, or misconduct that would
subject the license to suspension or revocation, the licensee, with the consent
and approval of the Commissioner, may surrender the license for a period of
time established by the Commissioner. A person or entity who surrenders a
license shall not thereafter be eligible for or submit any application for
licensure during the period of license surrender."
SECTION 11.6. G.S. 58‑2‑70 reads as rewritten:
"§ 58‑2‑70. Civil penalties or restitution for violations; administrative procedure.
(a) This section applies to
any person who is subject to licensure or certification under any Article of
this Chapter.Chapter that is within the scope of the Commissioner's
powers and duties.
."
SECTION 11.7. G.S. 58‑2‑100 reads as rewritten:
"§ 58‑2‑100. Office of Commissioner a public office; records, etc., subject to inspection.
The office of the Commissioner
shall be a public office and the records, reports, books and papers thereof on
file therein shall be accessible to the inspection of the public, public
in accordance with the provisions of Chapter 132 of the General Statutes, except
that the records in the custody of the office of the Commissioner that were compiled
as a part of an investigation for the crime of arson, that of unlawful burning,
or of fraud, shall not be considered as public records and may be made
available to the public only upon an order of court of competent jurisdiction. Provided
that such records Records in the custody of the office of the
Commissioner that were compiled as a part of an investigation described in this
section shall upon request be made available to the district attorney of
any district if the same concerns persons or investigations in his
district."
SECTION 11.8.(a) G.S. 58‑78‑1 reads as rewritten:
"§ 58‑78‑1. State Fire and Rescue Commission created; membership.
(a) There is created the State Fire and Rescue Commission of the Department, which shall be composed of 15 voting members to be appointed as follows:
(1) The Commissioner State
Fire Marshal shall appoint 12 members, two from nominations submitted by
the North Carolina State Firefighters' Association, one from nominations
submitted by the North Carolina Association of Fire Chiefs, one from
nominations submitted by the Professional Firefighters of North Carolina
Association, one from nominations submitted by the North Carolina Society of
Fire Service Instructors, one from nominations submitted by the North Carolina
Fire Marshal's Association, two from nominations submitted by the North
Carolina Association of Rescue and Emergency Medical Services, Inc., one from
nominations submitted by the North Carolina Chapter of the International
Association of Arson Investigators, one mayor or other elected city official
nominated by the President of the League of Municipalities, one county
commissioner nominated by the President of the Association of County
Commissioners, and one from the public at‑large.
(e) The following State
officials, or their designees, shall serve by virtue of their offices as
nonvoting members of the Commission: the Commissioner of Insurance, State
Fire Marshal, the Commissioner of Labor, the Attorney General, the
Secretary of Public Safety, the Secretary of Environmental Quality, and the
President of the Department of Community Colleges.
."
SECTION 11.8.(b) The current members of the State Fire and Rescue Commission appointed by the Commissioner of Insurance pursuant to G.S. 58‑78‑1 may continue to serve until the expiration of their terms. Upon the expiration of each current member's term, the State Fire Marshal shall appoint a successor to serve as provided in G.S. 58‑78‑1.
SECTION 11.9. G.S. 58‑78‑5, as amended by Section 30.3(c) of S.L. 2023‑134, reads as rewritten:
"§ 58‑78‑5. State Fire and Rescue Commission Powers and duties.
(a) The Commission shall have the following powers and duties:
(16) To provide oversight for
the workers' compensation benefits administered by the Department of
Insurance Office of the State Fire Marshal under G.S. 58‑87‑10,
to create a Volunteer Safety Workers' Compensation Board to assist it in
performing this duty, and to reimburse the members of the Commission's
Volunteer Safety Workers' Compensation Board in accordance with G.S. 138‑5
for travel and subsistence expenses incurred by them.
."
SECTION 11.10. G.S. 58‑78‑10 reads as rewritten:
"§ 58‑78‑10. State Fire and Rescue Commission Organization; rules and regulations; meetings.
(b) Rules and Regulations. The Commission shall adopt such rules and regulations, not inconsistent with the laws of this State as may be required by the federal government for programs and grants‑in‑aid for fire protection, firefighting, and rescue purposes which may be made available to the State by the federal government. The Commission shall be the single State agency responsible for establishing policy, planning and carrying out the State's duties with respect to all programs of and grants to the State by the United States Fire Administration, Federal Emergency Management Agency. In respect to such programs and grants, the Commission shall have authority to review, approve and maintain general oversight to the State plan and its implementation, including subgrants and allocations to local units of government and local fire prevention and control and rescue agencies.
All actions taken by the Commission
in the performance of its duties shall be implemented and administered by the Department.Office
of the State Fire Marshal.
."
SECTION 11.11. G.S. 58‑78‑15 reads as rewritten:
"§ 58‑78‑15. State Fire and Rescue Commission; staff.
(a) There The
State Fire Marshal shall be an serve as the executive
director nominated by of the Commission with direct
responsibilities to the Commission, who shall be appointed by the
Commissioner.Commission.
(b) Personnel Upon
request by the Office of the State Fire Marshal, personnel of the
Department shall serve as staff to the Commission. Commission;
provided, however, the Office of the State Fire Marshal may also serve as staff
to the Commission in the discretion of the State Fire Marshal. The
Department or Office shall provide the clerical and professional
services required by the Commission and, at the direction of the Commission,
shall develop and administer the State Master Plan for Fire Prevention and
Control, the State Fire Education and Training Plan, the Rescue Training Plan,
the State Master Plan for Rescue Services, and any additional related programs
as may be established by, or assigned to, the Commission.
(c) In addition to the other duties prescribed under this section, the State Fire Marshal shall also serve as the State Fire Training Director."
SECTION 11.12. G.S. 58‑78‑20 reads as rewritten:
"§ 58‑78‑20. State Fire and Rescue Commission Fiscal affairs.
All funds for the operation of the
Commission and its staff shall be appropriated to the Office of the State
Fire Marshal in the Department. All such funds shall be held in a separate
or special account on the books of the Department with a separate financial
designation or code number to be assigned by the Department of Administration
or its agent. Expenditures for staff salaries and operating expenses shall be
made in the same manner as expenditures of any other Department funds. The Department
Office of the State Fire Marshal may hire such additional personnel
as may be necessary to handle the work of the Commission, within the limits of
funds appropriated to it by the State and made available to it by the federal
government."
SECTION 11.13. G.S. 58‑79‑20 reads as rewritten:
"§ 58‑79‑20. Inspection of premises; dangerous material removed.
The Commissioner of Insurance, State
Fire Marshal, or the chief of fire department or chief of police where
there is no chief of fire department, or the city or county building inspector,
electrical inspector, heating inspector, or fire prevention inspector has the
right at all reasonable hours, for the purpose of examination, to enter into
and upon all buildings and premises in their jurisdiction. When any of such
officers find in any building or upon any premises overcrowding in violation of
occupancy limits established pursuant to the North Carolina State Building
Code, combustible material or inflammable conditions dangerous to the safety of
such building or premises they shall order the same to be removed or remedied,
and this order shall be forthwith complied with by the owner or occupant of such
buildings or premises. The owner or occupant may, within twenty‑four
hours, appeal to the Commissioner of Insurance State Fire Marshal from
the order, and the cause of the complaint shall be at once investigated by the Commissioner's
State Fire Marshal's direction, and unless by the Commissioner's State
Fire Marshal's authority the order of the officer above named is revoked it
remains in force and must be forthwith complied with by the owner or occupant.
The Commissioner of Insurance, State Fire Marshal, fire chief, or
building inspector, electrical inspector, heating inspector, or fire prevention
inspector shall make an immediate investigation as to the presence of
combustible material or the existence of inflammable conditions in any building
or upon any premises under their jurisdiction upon complaint of any person
having an interest in such building or premises or property adjacent thereto.
The Commissioner State Fire Marshal may, in person or by deputy,
visit any municipality or county and make such inspections alone or in company
with the local officer. The Commissioner State Fire Marshal shall
submit annually, as early as consistent with full and accurate preparation, and
not later than the first day of June, a detailed report of the Commissioner's
State Fire Marshal's official action under this Article, and it
shall be embodied in the report to the Joint Legislative Oversight Committee on
General Government."
SECTION 11.14.(a) G.S. 58‑79‑22 reads as rewritten:
"§ 58‑79‑22. Door lock exemption permit.
Any business entity licensed to
sell automatic weapons as a federal firearms dealer that is in the business of
selling firearms or ammunition and that operates a firing range which rents
firearms and sells ammunition that desires to be exempt from the door lock
requirements of Chapter 10 of Volume 1 of the North Carolina State Building
Code may apply for a permit to do so with the Department Office of
the State Fire Marshal in accordance with G.S. 143‑143.4 and
rules adopted by the Department. Office of the State Fire Marshal. The
Department Office of the State Fire Marshal shall charge a permit
fee of five hundred dollars ($500.00) for the issuance of a permit issued
pursuant to G.S. 143‑143.4."
SECTION 11.14.(b) Rules adopted by the Department pursuant to G.S. 58‑79‑22 shall remain in effect until amended by the State Fire Marshal as authorized by Chapter 150B of the General Statutes.
SECTION 11.15. G.S. 58‑79‑35 reads as rewritten:
"§ 58‑79‑35. Fire prevention and Fire Prevention Day.
It is the duty of the Commissioner
of Insurance, State Fire Marshal, the Superintendent of Public Instruction
Instruction, and the State Board of Education to provide a pamphlet
containing printed instructions for properly conducting fire drills in all schools
and auxiliary school buildings and the principal of every public and private
school shall conduct at least one fire drill every month during the regular
school session in each building in his charge where children are assembled. The
fire drills shall include all children and teachers and the use of various ways
of egress to assimilate evacuation of said buildings under various conditions,
and such other regulations as prescribed by the Commissioner of Insurance, State
Fire Marshal, Superintendent of Public Instruction Instruction, and
State Board of Education.
The Commissioner of Insurance State
Fire Marshal and Superintendent of Public Instruction shall further provide
for the teaching of "Fire Prevention" in the colleges and schools of
the State, and to arrange for a textbook adapted to such use. The ninth day of
October of every year shall be set aside and designated as "Fire
Prevention Day," and the Governor shall issue a proclamation urging the
people to a proper observance of the day, and the Commissioner of Insurance State
Fire Marshal shall bring the day and its observance to the attention of the
officials of all organized fire departments of the State, whose duty it shall
be to disseminate the materials and to arrange suitable programs to be followed
in its observance."
SECTION 11.16. G.S. 58‑79‑45 reads as rewritten:
"§ 58‑79‑45. Fire incident reports.
(a) Whenever a fire
department responds to a fire, the chief of that department shall complete or
cause to be completed a fire incident report, which report shall be on a form
prescribed by the Department of Insurance. State Fire Marshal. When
such report is made without fraud, bad faith, or actual malice, the person
making the report is not subject to liability for libel or slander.
."
SECTION 11.17. G.S. 58‑80‑25 reads as rewritten:
"§ 58‑80‑25. Dispatching firemen and apparatus from municipalities.
Municipalities endorsing this
Article shall retain full and complete control and authority in sending or
permitting firemen and apparatus to go beyond the limits of the municipality.
The governing bodies of such municipalities shall designate and authorize a
person, and at least two alternates, who shall have authority to grant or deny
permission to firemen and apparatus to leave the municipality in all cases
where request is made for assistance beyond its corporate limits, and the
municipality shall, through the office of its municipal fire chief, furnish to
the office of the State Commissioner of Insurance, Office of the
State Fire Marshal and to the secretary of the North Carolina State
Firefighters' Association, a list of the persons so authorized by the
municipality. The secretary of the North Carolina State Firefighters'
Association shall furnish to all municipalities and counties accepting this
Article a list of all such persons so designated in all municipalities within
the State."
SECTION 11.18.(a) G.S. 58‑82A‑1 reads as rewritten:
"§ 58‑82A‑1. State Fire Marshal establish pyrotechnic safety guidelines.
(a) Guidelines. The Commissioner
of Insurance through the Office of the State Fire Marshal, in consultation
with the State Fire and Rescue Commission, must establish guidelines, testing,
and training requirements for the following:
(c) Rule making. The Commissioner
State Fire Marshal may adopt rules to implement this Article."
SECTION 11.18.(b) Rules adopted by the Commissioner of Insurance pursuant to Article 82A of Chapter 58 of the General Statutes shall remain in effect until amended by the State Fire Marshal as authorized by Chapter 150B of the General Statutes.
SECTION 11.19. G.S. 58‑82A‑1.5 reads as rewritten:
"§ 58‑82A‑1.5. Commissioner of Insurance Office
of State Fire Marshal to administer Article; rules; employees; evidence of Commissioner's
State Fire Marshal's action.
(a) The Commissioner State
Fire Marshal shall have full power and authority to administer the
provisions of this Article, which establishes guidelines for the use, handling,
exhibiting, or discharge of pyrotechnics in connection with a concert or public
exhibition, as allowed under Article 54 of Chapter 14 of the General Statutes,
and to license and regulate pyrotechnic operators. The Commissioner State
Fire Marshal shall adopt any rules necessary to enforce the purposes and
provisions of this Article.
(b) Any written instrument
purporting to be a copy of any action, proceeding, or finding of fact by the Commissioner,
State Fire Marshal, or any record of the Commissioner Office
of the State Fire Marshal authenticated under the head of the Commissioner
State Fire Marshal by the seal of the Commissioner's office, Office
of the State Fire Marshal, shall be accepted by all courts of this State as
prima facie evidence of the contents thereof."
SECTION 11.20. G.S. 58‑82A‑2 reads as rewritten:
"§ 58‑82A‑2. Individual training requirements.
An individual may not use, handle,
exhibit, or discharge pyrotechnics in connection with a concert or public
exhibition, as allowed under Article 54 of Chapter 14 of the General Statutes,
unless the individual successfully completes the training approved or offered
by the Commissioner of Insurance through the Office of State Fire
Marshal or meets all of the following conditions:
."
SECTION 11.21.(a) G.S. 58‑82A‑2.1 reads as rewritten:
"§ 58‑82A‑2.1. Require licenses.
(b) An applicant for a
license authorized by this Article shall apply on forms supplied by the Commissioner.
State Fire Marshal. The Commissioner State Fire Marshal shall
inquire as to the applicant's qualifications and other matters relative to the
applicant's fitness to be licensed or to continue to be licensed.
(c) When a license is issued
under this section, the Commissioner State Fire Marshal shall
issue to the licensee an identification card approved by the Commissioner. State
Fire Marshal. Each licensee must carry this card at all times when working
in the scope of the licensee's employment. A licensee whose license terminates
or is terminated shall surrender the identification card to the Commissioner,
State Fire Marshal, when requested by the Commissioner. State
Fire Marshal. The Commissioner State Fire Marshal may
contract directly with persons for the processing and issuance of
identification cards required by this section and may charge a reasonable fee
in addition to the license fee in an amount that offsets the cost of the
service, including the costs associated with the contract authorized by this
subsection. Contracts entered into under this subsection shall not be subject
to Article 3 of Chapter 143 of the General Statutes."
SECTION 11.21.(b) Licenses and certifications issued under any provision of Article 82A of Chapter 58 of the General Statutes by the Commissioner of Insurance shall remain valid in accordance with the provisions of that Article until suspended, revoked, or not renewed by the State Fire Marshal as authorized by Article 82A of Chapter 58 of the General Statutes.
SECTION 11.22. G.S. 58‑82A‑2.5 reads as rewritten:
"§ 58‑82A‑2.5. Terms of licenses.
A license issued to a pyrotechnics
display operator, a proximate audience display operator, or an assistant
display operator under this Article authorizes the licensee to act in that
capacity until the license is suspended, revoked, or not renewed. Upon the
suspension or revocation of a license, or the failure to renew a license, the
licensee shall return the license to the Commissioner. State Fire
Marshal. A pyrotechnics display operator's license, a proximate audience
display operator's license, and an assistant display operator's license is
valid for three years unless suspended or revoked and may be renewed every
three years from the date of issuance upon payment of the applicable renewal
fee."
SECTION 11.23. G.S. 58‑82A‑3 reads as rewritten:
"§ 58‑82A‑3. Pyrotechnics display operator license.
(a) License Required. A
display operator license issued by the Commissioner State Fire
Marshal is required for an individual to obtain the necessary authorization
under Article 54 of Chapter 14 of the General Statutes to exhibit, use, handle,
manufacture, or discharge pyrotechnics at a concert or public exhibition in
this State. A license issued under this section is valid for three years unless
it is revoked by the Commissioner.State Fire Marshal.
(b) Requirements. The Commissioner
State Fire Marshal may issue a display operator license to an
individual if all of the following conditions are met:
(b1) The Commissioner State
Fire Marshal may issue a Limited Pyrotechnic Operator license to an
individual meeting all the requirements of subsection (b) of this section with
the exception of the "Employer Possessor Letter of Clearance"
required by subdivision (6) of subsection (b) of this section if the individual
signs a statement provided by the Commissioner State Fire Marshal affirming
that the individual has not been convicted of violating 18 U.S.C. Chapter 40,
Section 842(i), and is not otherwise prohibited from possessing pyrotechnic
materials by any provision of 18 U.S.C. Chapter 40, Section 842(i).
."
SECTION 11.24. G.S. 58‑82A‑10 reads as rewritten:
"§ 58‑82A‑10. Proximate audience display operator license.
A proximate audience display
operator license issued by the Commissioner State Fire Marshal is
required for an individual to obtain the necessary authorization under Article
54 of Chapter 14 of the General Statutes to exhibit, use, handle, manufacture,
or discharge pyrotechnics at a concert or public exhibition with a proximate
audience display of pyrotechnics in this State. The Commissioner State
Fire Marshal may issue a proximate audience display operator license to an
individual who meets all of the following requirements:
(2) Completes the training
program approved by the Commissioner State Fire Marshal for
pyrotechnic proximate audience display operators or another program which the Commissioner
State Fire Marshal determines to be substantially equivalent.
(3) Successfully passes the
written examination provided by the Commissioner.State Fire Marshal.
(5) Has no violations of any
provision of this Article or of any similar provision of any other state and
submits an "Employer Possessor Letter of Clearance" issued to the
individual by the Bureau of Alcohol, Tobacco and Firearms pursuant to 18 U.S.C.
Chapter 40 or, if the Bureau of Alcohol, Tobacco and Firearms has not issued a
Letter of Clearance to the individual, the individual signs a statement
provided by the Commissioner State Fire Marshal affirming that
the individual has not been convicted of violating 18 U.S.C. Chapter 40,
Section 842(i)."
SECTION 11.25. G.S. 58‑82A‑15 reads as rewritten:
"§ 58‑82A‑15. Assistant display operator license.
(a) No person shall assist a
pyrotechnics display operator or a proximate audience display operator with the
exhibition, use, handling, or discharge of pyrotechnics or pyrotechnic effects
in connection with a concert or public exhibition authorized under Article 54
of Chapter 14 of the General Statutes without an assistant display operator's
license issued by the Commissioner.State Fire Marshal.
(b) The Commissioner State
Fire Marshal may issue an assistant display operator license to an
individual who meets all of the following requirements:
(2) Signs a statement
provided by the Commissioner State Fire Marshal affirming that
the individual has read and understands the pyrotechnics safety guidelines
established by the Office of the State Fire Marshal.
(3) Successfully passes the
written examination provided by the Commissioner.State Fire Marshal.
(4) Has no violations of any
provision of this Article or of any similar provision of any other state and
submits an "Employer Possessor Letter of Clearance" issued to the
individual by the Bureau of Alcohol, Tobacco and Firearms pursuant to 18 U.S.C.
Chapter 40 or, if the Bureau of Alcohol, Tobacco and Firearms has not issued a
Letter of Clearance to the individual, the individual signs a statement
provided by the Commissioner State Fire Marshal affirming that
the individual has not been convicted of violating 18 U.S.C. Chapter 40 Section
842(i)."
SECTION 11.26. G.S. 58‑82A‑20 reads as rewritten:
"§ 58‑82A‑20. License fees.
(a) A nonrefundable license
fee of one hundred dollars ($100.00) shall be paid by the applicant to the Commissioner
Office of the State Fire Marshal at the time of each application for
a pyrotechnics display operator license.
(b) A nonrefundable license
fee of one hundred dollars ($100.00) shall be paid by the applicant to the Commissioner
Office of the State Fire Marshal at the time of each application for
a license as a proximate audience display operator license.
(c) A nonrefundable license
fee of thirty dollars ($30.00) shall be paid to the Commissioner Office
of the State Fire Marshal by the applicant with each application for a
license as an assistant display operator."
SECTION 11.27. G.S. 58‑82A‑25 reads as rewritten:
"§ 58‑82A‑25. Qualifications for event employees.
Notwithstanding the provisions of
this Article, the Commissioner State Fire Marshal or the fire
code official for the jurisdiction issuing the pyrotechnics permit under
G.S. 14‑413 may certify an individual as an event employee if the
individual meets the following requirements:
(4) Provides written
confirmation from the licensed display operator or proximate audience display
operator that the event employee is working under the supervision of the
operator and that the event employee will not be in the presence of the
pyrotechnic materials without signing a statement provided by the Commissioner
State Fire Marshal affirming that the individual has not been
convicted of violating 18 U.S.C. Chapter 40, Section 842(i), or is not
otherwise prohibited from possessing pyrotechnic materials by any provision of
18 U.S.C. Chapter 40, Section 842(i). The event employee shall not be allowed
to discharge or be in the presence of the pyrotechnic materials unless under
direct supervision of a licensed pyrotechnic operator or an on‑site
representative as provided in G.S. 14‑410(a1)(2). An event employee
certification is valid only for the concert or public exhibition listed on the
pyrotechnic permit and cannot be renewed."
SECTION 11.28. G.S. 58‑82A‑30 reads as rewritten:
"§ 58‑82A‑30. Examination fees.
(a) Each applicant for a
license as a pyrotechnic display operator, a proximate audience display
operator, or assistant display operator shall take a written examination
approved by the Commissioner. State Fire Marshal. The Commissioner
State Fire Marshal may contract with a person to process,
administer, and grade the examination in the same manner as for agent
examinations under Article 33 of this Chapter. The Commissioner State
Fire Marshal may charge a fee to offset the costs of the contract for
examination services.
."
SECTION 11.29. G.S. 58‑82A‑35 reads as rewritten:
"§ 58‑82A‑35. Renewal fees.
(a) To renew a license as a
pyrotechnics display operator, a proximate audience display operator, or an
assistant display operator, a licensee shall make application to the Commissioner
State Fire Marshal upon the renewal application form provided by the
Commissioner Office of the State Fire Marshal and attest that the
statements made in the application are true, correct, and complete to the best
of the individual's knowledge and belief. Failure to provide the attestation or
providing untrue, incorrect, or incomplete statements shall be grounds for
denial, suspension, or revocation of the license.
(b) Before approving the
application for renewal, the Commissioner State Fire Marshal shall
find that the licensee:
."
SECTION 11.30. G.S. 58‑82A‑45 reads as rewritten:
"§ 58‑82A‑45. Reciprocity.
The Commissioner State
Fire Marshal may issue a license under this Article to an individual who
holds a comparable valid permit, license, or certification issued by another
state, provided the minimum requirements of that state are at least equal to
the minimum requirements under this Article for the specific license issued and
the person pays the application fee required under this Article."
SECTION 11.31. G.S. 58‑82A‑50 reads as rewritten:
"§ 58‑82A‑50. Discipline.
The Commissioner State
Fire Marshal may deny, suspend, revoke, or refuse to renew any license
under this Article if any of the following apply:
(9) Any existing cause for
which the issuance of the license could have been denied had it been known to
the Commissioner State Fire Marshal at the time of
issuance."
SECTION 11.32. G.S. 58‑82A‑55 reads as rewritten:
"§ 58‑82A‑55. License sanction and denial procedures.
(b) Whenever the Commissioner
State Fire Marshal denies an initial application for a license or an
application for a reissuance of a license, the Commissioner State
Fire Marshal shall notify the applicant and advise the applicant, in
writing, of the reasons for the denial of the license. The application may also
be denied for any reason for which a license may be suspended or revoked or not
renewed under this Article. In order for an applicant to be entitled to a
review of the Commissioner's State Fire Marshal's action, the
applicant must make a written demand upon the Commissioner State Fire
Marshal for a review no later than 30 days after the service of the
notification upon the applicant. The review shall be completed without undue
delay, and the applicant shall be notified promptly in writing of the outcome
of the review. In order for an applicant who disagrees with the outcome of the
review to be entitled to a hearing under Article 3A of Chapter 150B of the
General Statutes, the applicant must make a written demand upon the Commissioner
State Fire Marshal for a hearing no later 30 days after service upon
the applicant of the Commissioner's State Fire Marshal's decision."
SECTION 11.33. G.S. 58‑84‑5 reads as rewritten:
"§ 58‑84‑5. Definitions.
The following definitions apply in Articles 84, 85, 85A, 87, and 88 of this Chapter:
(3) Fire district. Any political subdivision of the State or federally recognized Native American tribe within the State that meets all of the following conditions:
c. It is rated and certified
by the Commissioner.Commissioner, in consultation with the State Fire
Marshal.
."
SECTION 11.34. G.S. 58‑84‑25 reads as rewritten:
"§ 58‑84‑25. Disbursement of funds by Insurance Commissioner.
(a) Distribution. The
Insurance Commissioner Commissioner, in consultation with the State
Fire Marshal, shall deduct the sum of three percent (3%) from the tax
proceeds credited to the Department pursuant to G.S. 105‑228.5(d)(3)
and pay the same over to the treasurer of the North Carolina State
Firefighters' Association for administrative purposes. The Insurance Commissioner
Commissioner, in consultation with the State Fire Marshal, shall
deduct the sum of two percent (2%) from the tax proceeds and retain the same in
the budget of the Department of Insurance for the purpose of administering the
disbursement of funds by the board of trustees in accordance with the
provisions of G.S. 58‑84‑35. The Insurance Commissioner Commissioner,
in consultation with the State Fire Marshal, shall, pursuant to
G.S. 58‑84‑50, credit the amount forfeited by nonmember fire
districts to the North Carolina State Firefighters' Association. The Insurance Commissioner
Commissioner, in consultation with the State Fire Marshal, shall
distribute the remaining tax proceeds to the treasurer of each fire district as
provided in subsections (b) and (c) of this section.
(b) Allocation to Counties.
The Insurance Commissioner State Fire Marshal shall allocate to
each county an amount of tax proceeds based upon the amount allocated to it in
the previous year. If the amount allocable in the current year is less than the
amount allocated in the previous year, then the Commissioner State
Fire Marshal shall reduce the amount allocated to each county. The amount
of the reduction is equal to the difference in the amount allocated in the
previous year and the amount allocable in the current year multiplied by a
fraction, the numerator of which is the population of the county and the
denominator of which is the population of the State. If the amount allocable in
the current year is greater than the amount allocated in the previous year,
then the Commissioner State Fire Marshal shall increase the
amount allocated to each county. The amount of the increase is equal to the
excess proceeds multiplied by a fraction, the numerator of which is the
population of the county and the denominator of which is the population of the
State.
(c) Distribution to Fire
Districts. Once the Insurance Commissioner State Fire Marshal has
allocated the tax proceeds to a county under subsection (b) of this section,
the Commissioner State Fire Marshal shall distribute those
allocations directly to the fire districts in that county. The Commissioner State
Fire Marshal shall distribute the allocations by electronic funds transfer,
unless a fire district's account cannot accept electronic funds transfers, in
which case the Commissioner State Fire Marshal shall distribute
the district's allocation by paper check. The amount distributed to each fire
district is equal to the total amount allocated to the county multiplied by a
fraction, the numerator of which is the tax value of the property located in
the fire district and the denominator of which is the tax value of all property
located in any fire district in that county. A county shall provide the Commissioner
State Fire Marshal with the tax value of property located in each
fire district in that county by February 1 of each year. If a county does not
submit information that the Commissioner State Fire Marshal needs
to make a distribution by the date the information is due, the Commissioner State
Fire Marshal shall distribute the allocation based on the most recent
information the Commissioner State Fire Marshal has.
(c1) Certain Amounts
Redistributed. Notwithstanding subsection (c) of this section, the Insurance
Commissioner State Fire Marshal shall not distribute funds to a fire
district whose local relief fund's balance exceeds the amount provided under
G.S. 58‑84‑33(a). Instead, the Commissioner State
Fire Marshal shall, using the methodology provided in subsections (b) and
(c) of this section, distribute those funds to the fire districts whose local
relief funds' balances do not exceed the amount provided under G.S. 58‑84‑33(a).
If all of a county's fire districts' local relief funds' balances exceed the
amount provided under G.S. 58‑84‑33(a), then the Commissioner
State Fire Marshal shall reallocate the amount the county would have
received to the counties with fire districts that do not exceed the amount
provided under G.S. 58‑84‑33(a).
."
SECTION 11.35.(a) G.S. 58‑84‑30 reads as rewritten:
"§ 58‑84‑30. Trustees appointed; organization.
For each county, town or city
complying with and deriving benefits from the provisions of this Article, there
shall be appointed a local board of trustees, known as the trustees of the
local Firefighters' Relief Fund, to be composed of five members, two of whom
shall be elected by the members of the local fire department who are qualified
as beneficiaries of such fund, two of whom shall be elected by the mayor and
board of aldermen or other local governing body, and one of whom shall be named
by the Commissioner of Insurance. State Fire Marshal. Their
selection and term of office shall be as follows:
(3) The Commissioner of
Insurance State Fire Marshal shall appoint one representative to
serve as trustee who shall serve at the pleasure of the Commissioner. State
Fire Marshal. The member appointed pursuant to this subdivision shall be
either (i) a resident of the fire district or (ii) an active or retired member
of the fire department.
All of the above trustees shall
hold office for their elected or appointed time, or until their successors are
elected or appointed, and shall serve without pay for their services. They
shall immediately after election and appointment organize by electing from
their members a chairman and a secretary and treasurer, which two last
positions may be held by the same person. The treasurer of said board of
trustees shall give a good and sufficient surety bond in a sum equal to the
amount of moneys in his hand, to be approved by the Commissioner of
Insurance. State Fire Marshal. The cost of this bond may be deducted
by the Insurance Commissioner State Fire Marshal from the
receipts collected pursuant to G.S. 58‑84‑10 before
distribution is made to local relief funds. If the chief or chiefs of the local
fire departments are not named on the board of trustees as above provided, then
they shall serve as ex officio members without privilege of voting on matters
before the board."
SECTION 11.35.(b) The representative trustee appointed by the Commissioner of Insurance pursuant to G.S. 58‑84‑30 shall continue to serve at the pleasure of the State Fire Marshal.
SECTION 11.36. G.S. 58‑84‑33 reads as rewritten:
"§ 58‑84‑33. Maximum fund balances.
(c) A local fire department
whose relief fund balance, at the time of annual distribution by the Insurance
Commissioner, State Fire Marshal, exceeds the amount allowable under
subsection (a) of this section shall not be entitled to receive a distribution
for that year, and the Commissioner State Fire Marshal shall
redistribute the funds that the department would have received, as provided
under G.S. 58‑84‑25(c1).
."
SECTION 11.37. G.S. 58‑84‑40 reads as rewritten:
"§ 58‑84‑40. Trustees to keep account and file certified reports.
(b) In turn, the North
Carolina State Firefighters' Association shall certify to the Department of
Insurance Office of the State Fire Marshal by January 1 of each year
on a form prescribed by the Department, State Fire Marshal, the
following:
(c) In the event that any
board of trustees in any of the towns and cities benefited by this Article
shall neglect or fail to perform their duties, or shall willfully
misappropriate the funds entrusted in their care by obligating or disbursing
such funds for any purpose other than those set forth in G.S. 58‑84‑35,
then the Insurance Commissioner State Fire Marshal shall withhold
any and all further payments to such board of trustees, or their successors,
until the matter has been fully investigated by an official of the North
Carolina State Firefighters' Association, and adjusted to the satisfaction of
the Insurance Commissioner.State Fire Marshal.
."
SECTION 11.38.(a) G.S. 58‑84‑41 reads as rewritten:
"§ 58‑84‑41. Commissioner of Insurance State
Fire Marshal to maintain database of reports; fire department
identification numbers.
(a) Working with the North
Carolina State Firefighters' Association, the Commissioner of Insurance State
Fire Marshal shall develop and maintain a database of the information
reported under G.S. 58‑84‑40(b) and the certifications filed
under G.S. 58‑84‑46.
(b) The Commissioner of
Insurance State Fire Marshal shall issue to each fire department
within the State a unique fire department identification number (FDID) that
shall be used by the Commissioner State Fire Marshal and the
North Carolina State Firefighters' Association to coordinate database records
and reports."
SECTION 11.38.(b) A unique fire department identification number (FDID) issued by the Commissioner of Insurance pursuant to G.S. 58‑84‑41 on or before the date this act becomes law shall continue to be used for the purposes provided for in G.S. 58‑84‑41(b).
SECTION 11.39. G.S. 58‑84‑46 reads as rewritten:
"§ 58‑84‑46. Certification to Commissioner.State
Fire Marshal.
On or before October 31 of each year, the fire chief of each city or county that has a local board of trustees under G.S. 58‑84‑30 shall file a certificate of eligibility with the North Carolina State Firefighters' Association on a form prescribed by the Association. If the certificate is not filed with the Association on or before January 31 in the ensuing year:
(2) The Association shall
inform the Commissioner State Fire Marshal of the local
Firefighters' Relief Funds that have not filed the certificate required by this
section, and the Commissioner State Fire Marshal shall pay over
that amount otherwise due to those local Funds to the treasurer of the North
Carolina State Firefighters' Association.
."
SECTION 11.40. G.S. 58‑84‑50 reads as rewritten:
"§ 58‑84‑50. Fire departments to be members of North Carolina State Firefighters' Association.
For the purpose of supervision and
as a guaranty that provisions of this Article shall be honestly administered in
a businesslike manner, it is provided that every department enjoying the
benefits of this law shall be a member of the North Carolina State
Firefighters' Association and comply with its constitution and bylaws. If the
fire department of any city, town or village shall fail to comply with the
constitution and bylaws of said Association, said city, town or village shall
forfeit its right to the next annual payment due from the funds mentioned in
this Article, and the Commissioner of Insurance State Fire Marshal shall
pay over said amount to the treasurer of the North Carolina State Firefighters'
Association and same shall constitute a part of the Statewide Firefighters'
Relief Fund."
SECTION 11.41. G.S. 58‑85‑10 reads as rewritten:
"§ 58‑85‑10. Treasurer to file report and give bond.
The treasurer of the North Carolina
State Firefighters' Association shall make a detailed report to the State
Treasurer and the Commissioner of Insurance State Fire Marshal of
the yearly expenditures of the appropriation under Articles 84 through 88 of
this Chapter on or before the end of the fiscal year, showing the total amount
of money in his hands at the time of the filing of the report, and shall give a
bond to the State of North Carolina with good and sufficient sureties to the
satisfaction of the Treasurer of the State of North Carolina in a sum not less
than the amount of money on hand as shown by said report."
SECTION 11.42. G.S. 58‑85‑30 reads as rewritten:
"§ 58‑85‑30. Treasurer to pay fund to Volunteer Firemen's Association.
(a) The treasurer of the
North Carolina State Firefighters' Association shall pay to the treasurer of
the North Carolina State Volunteer Firemen's Association one sixth of the funds
arising from the three percent (3%) paid the treasurer of the North Carolina
State Firefighters' Association by the Commissioner State Fire
Marshal each year to be used by the North Carolina State Volunteer
Firemen's Association for the purposes set forth in G.S. 58‑84‑35.
."
SECTION 11.43. G.S. 58‑85A‑1 reads as rewritten:
"§ 58‑85A‑1. Creation of Fund; allocation to local fire districts and political subdivisions of the State.
(b) The Department of
Insurance State Fire Marshal shall develop and implement an
equitable and uniform statewide method for distributing any funds to the
State's local fire districts and political subdivisions.
."
SECTION 11.44. G.S. 58‑86‑2 reads as rewritten:
"§ 58‑86‑2. Definitions.
The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following meanings:
(4) "Eligible fire
department" means a bona fide fire department which is certified to the Commissioner
of Insurance State Fire Marshal by the governing body thereof, and
determined as classified as not less than class "9S," and said fire
department holds training sessions not less than four hours monthly.
."
SECTION 11.45.(a) G.S. 58‑86‑6 reads as rewritten:
"§ 58‑86‑6. Firefighters' and Rescue Squad Workers' Pension Fund Advisory Panel.
There is created an advisory panel to be known as the Firefighters' and Rescue Squad Workers' Pension Fund Advisory Panel, hereinafter referred to as "the advisory panel."
The advisory panel shall consist of seven persons:
(2) A designee of the State Insurance
Commissioner.Fire Marshal.
."
SECTION 11.45.(b) The designee appointed by the Commissioner of Insurance pursuant to G.S. 58‑86‑6 shall continue to serve at the discretion of the State Fire Marshal.
SECTION 11.46.(a) G.S. 58‑87‑1, as amended by Section 30.2(a) of S.L. 2023‑134, reads as rewritten:
"§ 58‑87‑1. Volunteer Fire Department Fund.
(a) Fund. The Volunteer
Fire Department Fund is created as an interest‑bearing, nonreverting fund
in the Department to provide grants to volunteer fire departments to purchase
equipment and make capital improvements. The Commissioner State Fire
Marshal shall administer the Fund. Up to one percent (1%) of the Fund may
be used for additional staff and resources to administer the Fund in each
fiscal year.
(a1) Grant Program. An
eligible fire department may apply to the Commissioner State Fire
Marshal for a grant under this section. In awarding grants under this
section, the Commissioner State Fire Marshal must, to the extent
possible, select applicants from all parts of the State based upon need. The Commissioner
State Fire Marshal must award the grants on May 15, or on the first
business day after May 15 if May 15 falls on a weekend or a holiday, of each
year subject to the following limitations:
(1) The size of a grant may not exceed forty thousand dollars ($40,000).
(b) Eligible Fire Department. A fire department is eligible for a grant under this section if it meets all of the conditions of this subsection. No fire department may be declared ineligible for a grant solely because it is classified as a municipal fire department. The required conditions are:
(1) Repealed by Session Laws 2016‑78, s. 2.1(a), effective June 30, 2016.
(2) It consists entirely of volunteer members, with the exception that the unit may have paid members to fill the equivalent of eight full‑time paid positions. For purposes of this subdivision, a "full‑time paid position" is equivalent to 2,080 hours in a fiscal year.
(3) It has been certified by
the Department of Insurance.Office of the State Fire Marshal.
(c) Report. The Commissioner
State Fire Marshal must submit a written report to the Joint
Legislative Oversight Committee on General Government and the Fiscal
Research Division within 60 days after the grants have been made. This
report must contain the following:
."
SECTION 11.46.(b) Section 30.2(b) of S.L. 2023‑134 reads as rewritten:
"SECTION 30.2.(b) G.S. 58‑87‑1(a1),
G.S. 58‑87‑1(a1)(1), as amended by subsection (a)
of this section, expires June 30, 2025."
SECTION 11.46.(c) Section 30.2(c) of S.L. 2023‑134 reads as rewritten:
"SECTION 30.2.(c) For the 2023‑2024 fiscal year only, the Commissioner of Insurance State Fire Marshal shall
reserve one million dollars ($1,000,000) of the funds in the Volunteer Fire
Department Fund to provide grants to eligible
fire departments in the event of an emergency. For purposes of this subsection,
the term "emergency" has the same meaning as in G.S. 166A‑19.3(6).
Emergency reserve grants shall not exceed fifty thousand dollars ($50,000) and
shall be used for purposes consistent with G.S. 58‑87‑1(a1)(3).
Any unspent funds remaining in the emergency reserve on June 30 of each fiscal
year of the 2023‑2025 fiscal biennium shall revert to the Volunteer Fire
Department Fund. If an eligible fire department is awarded an emergency reserve
grant and thereafter receives a monetary settlement from its insurance carrier
for the same loss or damages for which the grant was awarded, the fire
department shall reimburse the State for the amount of the grant."
SECTION 11.46.(d) Section 30.2(d) of S.L. 2023‑134 reads as rewritten:
"SECTION 30.2.(d) Within 60 days after all grants have been awarded under
this section, the Commissioner State Fire Marshal shall submit a
written report to the Senate Appropriations Committee on General Government and
Information Technology, the House of Representatives Appropriations Committee
on General Government, the Joint Legislative Oversight Committee on General
Government, and the Fiscal Research Division which shall be posted on the
Department of Insurance's website and shall contain all of the following:
."
SECTION 11.47. G.S. 58‑87‑5 reads as rewritten:
"§ 58‑87‑5. Volunteer Rescue/EMS Fund.
(a) There is created in the
Department of Insurance the Volunteer Rescue/EMS Fund to provide grants to
volunteer rescue units, rescue/EMS units, EMS units that are volunteer fire
departments that are a part of a county's EMS system plan, and EMS units
providing rescue or rescue and emergency medical services to purchase equipment
and make capital improvements. An eligible unit may apply to the Department
of Insurance Office of the State Fire Marshal for a grant under this
section. The application form and criteria for grants shall be established by
the Department. Office of the State Fire Marshal. The North
Carolina Association of Rescue and Emergency Medical Services, Inc., shall
provide the Department Office of the State Fire Marshal with an
advisory priority listing for rescue equipment eligible for funding, and the
Department of Health and Human Services shall provide the Department Office
of the State Fire Marshal with an advisory priority listing of EMS
equipment eligible for funding. The State Treasurer shall invest the Fund's
assets according to law, and the earnings shall remain in the Fund. On December
15, or on the first business day after December 15 if December 15 falls on a
weekend or a holiday, of each year, the Department Office of the
State Fire Marshal shall make grants to eligible units subject to all of
the following limitations:
In awarding grants under this section,
the Department Office of the State Fire Marshal shall to the
extent possible select applicants from all parts of the State based upon need.
Up to two percent (2%) of the Fund may be used for additional staff and resources
to administer the Fund in each fiscal year. In addition, notwithstanding
G.S. 58‑78‑20, up to four percent (4%) of the Fund may be used
for additional staff and resources for the North Carolina Fire and Rescue
Commission.
(b) A unit is eligible for a grant under this section if it meets all of the following conditions:
(3) It has been recognized by
the Department Office of the State Fire Marshal as a rescue unit,
a rescue/EMS unit, or an EMS unit.
(4) It satisfies the
eligibility criteria established by the Department Office of the
State Fire Marshal under subsection (a) of this section.
(e) Report. The Commissioner
State Fire Marshal must submit a written report to the Joint
Legislative Oversight Committee on General Government and the Fiscal
Research Division within 60 days after the grants have been made. This
report must contain the following:
."
SECTION 11.48. G.S. 58‑87‑7 reads as rewritten:
"§ 58‑87‑7. Oversight and accountability of grant awards.
(a) Examination of Purchased
Equipment and Supplies. To increase accountability and to expedite receipt of
certain grant awards, notwithstanding any other provision, the Office of the
State Fire Marshal and other employees of the Department of Insurance Insurance,
if those employees are requested to do so by the State Fire Marshal, may in
their discretion conduct on‑site examinations of fire, rescue, and EMS
equipment and supplies purchased with funds awarded from either the Volunteer
Fire Department Fund or the Volunteer Rescue/EMS Fund for up to five years from
the date of the grant award. The on‑site examinations may include the
inspection of equipment purchased from prior grants and may be conducted prior
to or simultaneous with the delivery of the grant awards. The on‑site examination
shall document what equipment and supplies have been purchased by the volunteer
fire department or volunteer rescue/EMS department and whether those items were
received by the department and visually reviewed by the on‑site examiner.
Items that have already been distributed or put in the field shall be noted by
the on‑site examiner. The Office of the State Fire Marshal shall maintain
records of on‑site inspections and provide reports of such inspections,
upon request, to the State Auditor or the Office of State Budget and
Management.
(c) Transfer of Purchased
Equipment. If a grant recipient shall cease to exist within five years of the
date of award of the grant, it shall transfer, subject to the approval of the Department
of Insurance, State Fire Marshal, any and all equipment purchased
with such grant funds to whichever department shall assume responsibility for
providing service to the grant recipient's area of service or to another
appropriate department that may effectively use the equipment."
SECTION 11.49.(a) G.S. 58‑87‑10, as amended by Section 30.3(a) of S.L. 2023‑134, reads as rewritten:
"§ 58‑87‑10. Workers' Compensation Fund for the benefit of certain safety workers.
(d) Administration. The Department
of Insurance Office of the State Fire Marshal shall administer the
Workers' Compensation Fund and shall perform this duty by contracting with a
third‑party administrator. The contracting procedure is not subject to
Article 3C of Chapter 143 of the General Statutes. The reasonable and necessary
expenses incurred by the Department Office in administering the
Fund shall be paid out of the Fund by the State Treasurer. The Department Office
may adopt rules to implement this section. The Department Office shall
include both of the following all provisions of Section 2(d) of S.L.
2014‑64 in its contracts with the third‑party administrator:administrator.
(1) All provisions of Section 2(d) of S.L. 2014‑64.
(2) A clause explicitly stating that no commissions
of any kind may be paid to any agent, broker, or other person from the Fund.
(e) Revenue Source.
Revenue is credited to the Workers' Compensation Fund from a portion of the
proceeds of the tax levied under G.S. 105‑228.5(d)(3). In addition,
every eligible unit and eligible entity that elects to participate shall pay
into the Fund an amount set annually by the Commissioner of Insurance, Office
of the State Fire Marshal, in consultation with the State Fire and Rescue
Commission, to ensure that the Fund will be able to meet its payment
obligations under this section. The amount shall be set as an amount for each
member of the roster of the eligible unit or for each employee or volunteer of
an eligible entity, and the amount may vary based on whether an individual is a
volunteer, a part‑time employee, or a full‑time employee. The
payment shall be made to the Department Office on or before July
1 of each year. The Department Office shall remit the payments it
receives to the State Treasurer, who shall credit the payments to the Fund.
(f) Funding Study. The Department
of Insurance Office of the State Fire Marshal shall annually conduct
an actuarial study that shall do all of the following:
(1) Calculate the amount required to meet the needs of the Fund, projecting at least five years into the future.
(2) Report on the nature of the claims paid by the Fund and any claims‑related trends that impact the financial status of the Fund.
(3) Calculate how much revenue from the State and from member premiums would be required to meet the needs of the Fund for each of the following scenarios:
a. The Fund receives twenty percent (20%) of the net proceeds from the tax collected under G.S. 105‑228.5(d)(3).
b. Member premiums do not change from the prior year.
c. Member premiums fully fund the Fund without any State support.
(4) Be published no later than February 1 of each year. Upon publishing the study, the Department shall notify the following of its publication:
a. The Office of State Budget and Management.
b. The House Appropriations Committee.
c. The Senate Appropriations/Base Budget Committee.
d. The Fiscal Research Division.
Additionally, beginning in 2016 and
every five years thereafter, the study shall include (i) a comparison of Fund
premium levels to the premium levels of employees of municipal fire and rescue
departments and (ii) a calculation of the amount of revenue generated by
experience‑rating premium surcharges and, if necessary, recommend changes
to experience‑rating premium surcharges given claim trends. The Department
Office may contract with a third party to conduct the study required
under this section, and the cost of the study may be paid from the Fund.
However, if the Department Office contracts with the same actuary
that the Volunteer Safety Workers' Compensation Board contracts with to perform
the study under this section, then the Department Office shall
not pay the actuary for data collection and analysis that the actuary has
already performed as part of its loss reserve analysis for the Board.
(g) Allocation of Taxes.
On or before March 1 of each year, the Department of Insurance Office
of the State Fire Marshal must notify the Secretary of Revenue of the
amount required to meet the needs of the Fund, as determined by the study
conducted under subsection (f) of this section, for the upcoming fiscal year.
The Secretary of Revenue shall remit that amount, subject to the twenty percent
(20%) limitation in G.S. 105‑228.5(d)(3), to the Fund.
(h) Reports. The Department
of Insurance Office of the State Fire Marshal shall, on a quarterly
basis, report to the State Fire and Rescue Commission on its activities
conducted pursuant to this section."
SECTION 11.49.(b) Section 30.3(b) of S.L. 2023‑134 is repealed.
SECTION 11.49.(c) Rules adopted by the Department pursuant to G.S. 58‑87‑10 shall remain in effect until amended by the Office of the State Fire Marshal as authorized by Chapter 150B of the General Statutes.
SECTION 11.49.(d) Section 30.5 of S.L. 2023‑134 reads as rewritten:
"SECTION 30.5. Notwithstanding the provisions of G.S. 58‑87‑10,
for the 2023‑2024 fiscal year and the 2024‑2025 fiscal year, the Commissioner
of Insurance State Fire Marshal shall not set an amount to be paid
by every eligible unit and eligible entity, as those terms are defined in
G.S. 58‑87‑10(a), that elects to participate in the Workers'
Compensation Fund created pursuant to G.S. 58‑87‑10(b). For
the 2023‑2024 fiscal year and the 2024‑2025 fiscal year, no
eligible unit or eligible entity shall be required to submit to the Commissioner
of Insurance State Fire Marshal any payment to participate in the
Fund."
SECTION 11.50. G.S. 58‑88‑5 reads as rewritten:
"§ 58‑88‑5. Rescue Squad Workers' Relief Fund; trustees; disbursement of funds.
(c) The Commissioner of
Insurance State Fire Marshal has exclusive control of the Fund and
shall disburse revenue in the Fund to the Association only for the following
purposes:
."
SECTION 11.51. G.S. 58‑88‑10 reads as rewritten:
"§ 58‑88‑10. Membership eligibility.
(a) Any member of a rescue
squad or EMS service who is eligible for membership in the Association and who
has attended a minimum of 36 hours of training in the last calendar year; and
each rescue squad or EMS service whose members are eligible for membership in
the Association who has filed a roster certifying to the Secretary‑Treasurer
who certifies to the Commissioner of Insurance State Fire Marshal by
January 1 of each calendar year that all eligible members have met the
requirements, shall be eligible for the Fund. Any eligible member who, in the
actual discharge of his or her duties as rescue or EMS personnel, is (1) made
sick by disease contracted or (2) becomes disabled, shall be entitled to the
benefits from the Fund.
."
SECTION 11.52. G.S. 58‑88‑15 reads as rewritten:
"§ 58‑88‑15. Accounting; reports; audits.
The Board shall keep a correct
account of all monies received and disbursed by the Board; and shall annually
file a report with the Commissioner of Insurance State Fire Marshal at
such time and in such form prescribed by the Commissioner of Insurance State
Fire Marshal and the State Auditor. The Board shall be bonded by the sum of
any money total for which it is responsible. The books, records, and operations
of the Board shall be subject to the oversight of the State Auditor pursuant to
Article 5A of Chapter 147 of the General Statutes."
SECTION 11.53. G.S. 58‑88‑30 reads as rewritten:
"§ 58‑88‑30. Administration costs.
The Association shall withhold
twelve percent (12%) from the money received pursuant to G.S. 20‑183.7(c)
for the administration of the Fund. The Commissioner of Insurance Insurance,
in consultation with the State Fire Marshal, shall withhold two percent
(2%) from the money received pursuant to G.S. 20‑183.7(c) for the
administration of the Fund."
SECTION 11.54. G.S. 143‑137 reads as rewritten:
"§ 143‑137. Organization of Council; rules; meetings; staff; fiscal affairs.
(a) First Meeting;
Organization; Rules. Within 30 days after its appointment, the Building Code
Council shall meet on call of the Commissioner of Insurance. State
Fire Marshal. The Council shall elect from its appointive members a
chairman and such other officers as it may choose, for such terms as it may
designate in its rules. The Council shall adopt such rules not inconsistent
herewith as it may deem necessary for the proper discharge of its duties. The
chairman may appoint members to such committees as the work of the Council may
require. In addition, the chairman shall establish and appoint ad hoc code
revision committees to consider and prepare revisions and amendments to the
Code volumes. Each ad hoc committee shall consist of members of the Council,
licensed contractors, and design professionals most affected by the Code volume
for which the ad hoc committee is responsible, and members of the public. The
subcommittees shall meet upon the call of their respective chairs and shall
report their recommendations to the Council.
(d) Fiscal Affairs of the
Council. All funds for the operations of the Council and its staff shall be
appropriated to the Department of Insurance for the use of the Council. All
such funds shall be held in a separate or special account on the books of the
Department of Insurance, with a separate financial designation or code number
to be assigned by the Department of Administration or its agent. Expenditures
for staff salaries and operating expenses shall be made in the same manner as
the expenditure of any other Department of Insurance funds. The Department
of Insurance Office of the State Fire Marshal may hire such
additional personnel as may be necessary to handle the work of the Building
Code Council, within the limits of funds appropriated to the Department of
Insurance for the Council and with the approval of the Council."
SECTION 11.55.(a) G.S. 143‑137.1, as enacted by Section 1(a) of S.L. 2023‑108, reads as rewritten:
"§ 143‑137.1. Organization of Residential Code Council; rules; meetings; staff; fiscal affairs; quorum.
(a) First Meeting;
Organization; Rules. Within 30 days after its appointment, the Residential
Code Council shall meet on call of the Commissioner of Insurance. State
Fire Marshal. The Council shall adopt rules it may deem necessary for the
proper discharge of its duties. The chair may establish and appoint members to
any committees the work of the Council may require. In addition, the chair may
establish and appoint an ad hoc code revision committee to consider and prepare
revisions and amendments to the North Carolina Residential Code. The ad hoc
committee shall consist of members of the Council, licensed contractors, and
design professionals most affected by the North Carolina Residential Code, and
members of the public. Committees shall meet upon the call of their respective
chairs and shall report their recommendations to the Council.
."
SECTION 11.55.(b) This section becomes effective January 1, 2025.
SECTION 11.56. G.S. 143‑138, as amended by Section 1(a) of S.L. 2023‑108, reads as rewritten:
"§ 143‑138. North Carolina State Building Code.
(a1) Additional Adoption Requirements.
(1) The Building Code Council
or Residential Code Council shall request the Office of State Budget and
Management to prepare a fiscal note for a proposed Code change that has a
substantial economic impact, as defined in G.S. 150B‑21.4(b1), or that
increases the cost of residential housing by eighty dollars ($80.00) or more
per housing unit. The change can become effective only in accordance with
G.S. 143‑138(d). Neither the Department of Insurance Office
of the State Fire Marshal nor the Councils shall be required to expend any
monies to pay for the preparation of any fiscal note under this section by any
person outside of the Department Office of the State Fire Marshal or
Councils unless the Department Office or Councils contract with a
third‑party vendor to prepare the fiscal note.
(d) Amendments of the Code.
The Building Code Council and Residential Code Council may periodically revise
and amend those parts of the North Carolina State Building Code for which those
Councils are responsible, either on their own motion or upon application from
any citizen, State agency, or political subdivision of the State. In addition
to the periodic revisions or amendments made by the responsible Council, the
Residential Code Council shall perform a comprehensive review and revise or
amend the North Carolina Residential Code, including provisions applicable to
dwellings covered by the North Carolina Residential Code, from the North
Carolina Energy Conservation Code, North Carolina Electrical Code, North
Carolina Fuel Gas Code, North Carolina Plumbing Code, and North Carolina
Mechanical Code only every six years, to become effective the first day of
January of the following year, with at least six months between adoption and
effective date. The first six‑year revision by the Residential Council
under this subsection shall be adopted to become effective January 1, 2031, and
every six years thereafter. After its appointment pursuant to G.S. 143‑136.1,
the Residential Code Council shall review the North Carolina Energy
Conservation Code, the North Carolina Fuel Gas Code, and the North Carolina
Mechanical Code and may amend the relevant chapters of the North Carolina
Residential Code, affected by that review, by January 1, 2026. Following the
adoption of amendments to the North Carolina Residential Code affected by that
review, the North Carolina Residential Code shall also be subject to the first
six‑year revision under this subsection. In adopting any amendment, the
Building Code Council and Residential Code Council shall comply with the same
procedural requirements and the same standards for adoption of the Code. The
Building Code Council and Residential Code Council, through the Department
of Insurance, Office of the State Fire Marshal, shall publish in the
North Carolina Register all appeal decisions made by the responsible Code
Council and all formal opinions at least semiannually. The Building Code
Council and Residential Code Council, through the Department of Insurance, Office
of the State Fire Marshal, shall also publish at least semiannually in the
North Carolina Register a statement providing the accurate website address and
information on how to find additional commentary and interpretation of the
Code.
(e) Effect upon Local Codes.
Except as otherwise provided in this section, the North Carolina State
Building Code shall apply throughout the State, from the time of its adoption.
Approved rules shall become effective in accordance with G.S. 150B‑21.3.
However, any political subdivision of the State may adopt a fire prevention
code and floodplain management regulations within its jurisdiction. The
territorial jurisdiction of any municipality or county for this purpose, unless
otherwise specified by the General Assembly, shall be as follows: Municipal
jurisdiction shall include all areas within the corporate limits of the
municipality and extraterritorial jurisdiction areas established as provided in
G.S. 160D‑202 or a local act; county jurisdiction shall include all
other areas of the county. No such code or regulations, other than floodplain
management regulations and those permitted by G.S. 160D‑1128, shall
be effective until they have been officially approved by the responsible Code
Council as providing adequate minimum standards to preserve and protect health
and safety, in accordance with the provisions of subsection (c) above. Local
floodplain regulations may regulate all types and uses of buildings or
structures located in flood hazard areas identified by local, State, and
federal agencies, and include provisions governing substantial improvements,
substantial damage, cumulative substantial improvements, lowest floor
elevation, protection of mechanical and electrical systems, foundation
construction, anchorage, acceptable flood resistant materials, and other
measures the political subdivision deems necessary considering the
characteristics of its flood hazards and vulnerability. In the absence of
approval by the Building Code Council or Residential Code Council, or in the
event that approval is withdrawn, local fire prevention codes and regulations
shall have no force and effect. Provided any local regulations approved by the
local governing body which are found by the Council to be more stringent than
the adopted statewide fire prevention code and which are found to regulate only
activities and conditions in buildings, structures, and premises that pose
dangers of fire, explosion or related hazards, and are not matters in conflict
with the Code, may be approved. Local governments may enforce the fire
prevention code of the Code using civil remedies authorized under G.S. 143‑139,
153A‑123, and 160A‑175. If the Commissioner of Insurance State
Fire Marshal or other State official with responsibility for enforcement of
the Code institutes a civil action pursuant to G.S. 143‑139, a local
government may not institute a civil action under G.S. 143‑139, 153A‑123,
or 160A‑175 based upon the same violation. Appeals from the assessment or
imposition of such civil remedies shall be as provided in G.S. 160D‑1127.
A local government may not adopt any ordinance In conflict with the exemption provided by subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the exemption provided by subsection (c1) of this section.
(g) Publication and Distribution of Code. The Building Code Council and Residential Code Council shall cause to be printed, after adoption by each responsible Code Council, the North Carolina State Building Code, or any part of the Code, and each amendment thereto. It shall, at the State's expense, distribute copies of the Code and each amendment to State and local governmental officials, departments, agencies, and educational institutions, as is set out in the table below. (Those marked by an asterisk will receive copies only on written request to the Council.)
OFFICIAL OR AGENCY NUMBER OF COPIES
State Departments and Officials
Commissioner
of InsuranceState Fire Marshal................................................... 1
(i) Section 1008 of Chapter X of Volume 1 of the North Carolina State Building Code, Title "Special Safety to Life Requirements Applicable to Existing High‑Rise Buildings" as adopted by the North Carolina State Building Code Council on March 9, 1976, as ratified and adopted as follows:
SECTION 1008‑SPECIAL SAFETY TO LIFE REQUIREMENTS APPLICABLE TO EXISTING HIGH‑RISE BUILDINGS
1008 GENERAL.
(b) Notification of Building Owner. The Department
of Insurance Office of the State Fire Marshal will send copies of
amendments adopted to all local building officials with the suggestion that all
local building officials transmit to applicable building owners in their
jurisdiction copies of adopted amendments, within six months from the date the
amendments are adopted, with the request that each building owner respond to
the local building official how he plans to comply with these requirements
within a reasonable time.
NOTE: Suggested reasonable time and procedures for owners to respond to the building official's request is as follows:
(5) For purposes of this
section, the Construction Section of the Division of Health Service Regulation,
Department of Health and Human Services, will notify all non‑State owned
I‑Institutional buildings requiring licensure by the Division of Health
Service Regulation and coordinate compliance requirements with the Department
of Insurance Office of the State Fire Marshal and the local building
official.
(d) Building Official Notification of Department
of Insurance. Office of State Fire Marshal. The building
official shall send copies of written notices he sends to building owners to
the Engineering and Building Codes Division for their files and also shall file
an annual report by August 15th of each year covering the past fiscal year
setting forth the work accomplished under the provisions of this section.
(f) Filing of Test Reports and Maintenance on Life
Safety Equipment. The engineer performing the design for the electrical
and mechanical equipment, including sprinkler systems, must file the test
results with the Engineering and Building Codes Division of the Department
of Insurance, Office of the State Fire Marshal, or to the agency
designated by the Department of Insurance, Office of the State Fire
Marshal, that such systems have been tested to indicate that they function
in accordance with the standards specified in this section and according to
design criteria. These test results shall be a prerequisite for the Certificate
of Compliance required by (b) above. Test results for I‑Institutional
shall be filed with the Construction Section, Division of Health Service
Regulation. It shall be the duty and responsibility of the owners of Class I,
II and III buildings to maintain smoke detection, fire detection, fire control,
smoke removal and venting as required by this section and similar emergency
systems in proper operating condition at all times. Certification of full tests
and inspections of all emergency systems shall be provided by the owner
annually to the fire department.
."
SECTION 11.57. G.S. 143‑138.1, as amended by Section 1(a) of S.L. 2023‑108, reads as rewritten:
"§ 143‑138.1. Introduction and instruction of the
North Carolina State Building Code; posting of written commentaries and
interpretations on Department of Insurance Office of State Fire
Marshal website.
(a) Prior
to the effective date of Code changes pursuant to G.S. 143‑138, the
responsible Code Council and Department of Insurance the Office of
the State Fire Marshal shall provide for instructional classes for the
various trades affected by the changes. The Department of Insurance Office
of the State Fire Marshal shall develop the curriculum for each class but
shall consult the affected licensing boards and trade organizations. The
curriculum shall include explanations of the rationale and need for each Code
amendment or revision. Classes may also be conducted by, on behalf of, or in
cooperation with licensing boards, trade associations, and professional
societies. The Department of Insurance Office of the State Fire
Marshal may charge fees sufficient to recover the costs it incurs under this
section. The responsible Code Council shall ensure that courses are accessible
to persons throughout the State.
(b) The Department of
Insurance Office of the State Fire Marshal shall post and maintain
on that portion of its website devoted to the Building Code Council and
Residential Code Council written commentaries and written interpretations made
and given by staff to each responsible Code Council and the Department Office
for each section of the North Carolina State Building Code within 10
business days of issuance.
SECTION 11.58. G.S. 143‑139 reads as rewritten:
"§ 143‑139. Enforcement of Building Code.
(b) General Building
Regulations. The Insurance Commissioner State Fire Marshal shall
have general authority, through the Division of Engineering of the Department
of Insurance, to supervise, administer, and enforce all sections of the North
Carolina State Building Code pertaining to plumbing, electrical systems,
general building restrictions and regulations, heating and air conditioning,
fire protection, and the construction of buildings generally, except those
sections of the Code, the enforcement of which is specifically allocated to
other agencies by subsections (c) through (e) below. In the exercise of the
duty to supervise, administer, and enforce the North Carolina State Building
Code (including local building codes which have superseded the State Building
Code in a particular political subdivision pursuant to G.S. 143‑138(e)),
the Commissioner, State Fire Marshal, through the Division of
Engineering, shall:
(b1) Remedies. In case any
building or structure is maintained, erected, constructed, or reconstructed or
its purpose altered, so that it becomes in violation of this Article or of the
North Carolina State Building Code, either the local enforcement officer or the
State Commissioner of Insurance Fire Marshal or other State
official with responsibility under this section may, in addition to other
remedies, institute any appropriate action or proceeding to: (i) prevent the
unlawful maintenance, erection, construction, or reconstruction or alteration
of purpose, or overcrowding, (ii) restrain, correct, or abate the violation, or
(iii) prevent the occupancy or use of the building, structure, or land until
the violation is corrected. In addition to the civil remedies set out in
G.S. 160A‑175 and G.S. 153A‑123, a county, city, or other
political subdivision authorized to enforce the North Carolina State Building
Code within its jurisdiction may, for the purposes stated in (i) through (iii)
of this subsection, levy a civil penalty for violation of the fire prevention
code of the North Carolina State Building Code, which penalty may be recovered
in a civil action in the nature of debt if the offender does not pay the
penalty within a prescribed period of time after the offender has been cited
for the violation. If the Commissioner State Fire Marshal or
other State official institutes an action or proceeding under this section, a
county, city, or other political subdivision may not institute a civil action
under this section based upon the same violation. Appeals from the imposition
of any remedy set forth herein, including the imposition of a civil penalty by
a county, city, or other political subdivision, shall be as provided in
G.S. 160D‑1127.
(e) State Buildings. With
respect to State buildings, the Department of Administration shall have general
supervision, through the Office of State Construction, of the administration
and enforcement of all sections of the North Carolina State Building Code
pertaining to plumbing, electrical systems, general building restrictions and
regulations, heating and air conditioning, fire protection, and the
construction of buildings generally, except those sections of the Code the
enforcement of which is specifically allocated to other agencies by subsections
(c) and (d) of this section, and shall also exercise all remedies as provided
in subsection (b1) of this section. The Department of Administration shall be
the only agency with the authority to seek remedies pursuant to this section
with respect to State buildings. Except as provided herein, nothing in this
subsection shall be construed to abrogate the authority of the Commissioner
of Insurance State Fire Marshal under G.S. 58‑31‑40
or any other provision of law. For the purposes of this subsection, "State
buildings" does not include buildings, facilities, or projects located on
State lands that are (i) privately owned or privately leased and (ii) located
within the North Carolina Global TransPark."
SECTION 11.59. G.S. 143‑139.4 reads as rewritten:
"§ 143‑139.4. Certain building inspections by State.
(a) When a permit holder has
been informed by a local inspection department that any inspection has not
been, or will not be, conducted within two business days after first requested,
the permit holder may request in writing that the Commissioner State
Fire Marshal assign personnel to conduct the inspection.
(b) Any written request by a
permit holder to the Commissioner State Fire Marshal to assign
personnel to conduct an inspection shall be submitted to the Commissioner, State
Fire Marshal, and such submission may be made electronically or by
facsimile. The submission shall be on a form adopted by the Commissioner, State
Fire Marshal, which shall at a minimum contain all of the following:
(e) Prior to making any
assignment of Code‑enforcement officials from the marketplace pool
established under G.S. 143‑151.12(9)a., the Commissioner State
Fire Marshal shall verify all of the following to the Commissioner's State
Fire Marshal's satisfaction:
(4) Any other information the
Commissioner State Fire Marshal deems relevant to determining
whether to assign personnel to conduct the requested inspection.
(f) If the Commissioner State
Fire Marshal assigns a Code‑enforcement official from the marketplace
pool established under G.S. 143‑151.12(9)a. to conduct the requested
inspection, the Commissioner State Fire Marshal shall notify the
local inspection department and the local inspection department shall, prior to
the inspection, provide the Commissioner State Fire Marshal with
information regarding any outstanding building permits and previously conducted
inspections on those outstanding building permits for that property. The local
inspection department may also provide the Commissioner State Fire
Marshal with information regarding other properties with outstanding
building permits and inspections by the same permit holder or requestor.
(f1) Personnel assigned by the
Commissioner State Fire Marshal to conduct inspections under this
section must begin conducting an inspection within two business days after
assignment by the Commissioner.State Fire Marshal.
(g) Not later than one
business day after the receipt of the report, the Commissioner State
Fire Marshal shall provide an electronic copy of the report of any
inspection conducted by a marketplace pool Code‑enforcement official
under G.S. 143‑151.12(9)a. to all of the following:
(h) For the requested
services performed by a Code‑enforcement official under this section, the
Commissioner State Fire Marshal shall charge the permit holder a
fee as set by the Commissioner State Fire Marshal under G.S. 58‑2‑40(1a).
G.S. 143‑151.12(9)a. The fee shall be paid to the Commissioner
State Fire Marshal no later than 30 days after completion of the
requested inspection.
(l) The Commissioner
State Fire Marshal shall contract with any individual, corporation,
or other business entity that holds one of the applicable certificates as
provided in G.S. 143‑151.13 to conduct inspections under this
section."
SECTION 11.60.(a) G.S. 143‑140.1, as amended by Section 1(a) of S.L. 2023‑108, reads as rewritten:
"§ 143‑140.1. Alternative design construction and methods; appeals.
The Building Code Council shall, by
January 1, 2023, promulgate rules, procedures, and policies for the approval of
alternative designs and construction that follow the North Carolina State
Building Code. The Residential Code Council shall, by January 1, 2026,
promulgate rules, procedures, and policies for the approval of alternative
designs and construction that follow the North Carolina State Building Code. In
the event of a dispute between a local authority having jurisdiction and the
designer or owner‑representative regarding alternative designs and
construction, and notwithstanding any other section within this Article,
appeals by the designer or owner‑representative on matters pertaining to
alternative design construction or methods shall be heard by the Department of
Insurance Engineering Division. The Department of Insurance State
Fire Marshal Engineering Division shall issue its decision regarding an
appeal filed under this section within 10 business days. The Commissioner of
Insurance shall adopt rules in furtherance of this section.
SECTION 11.61. G.S. 143‑141, as amended by Section 1(a) of S.L. 2023‑108, reads as rewritten:
"§ 143‑141. Appeals to Building Code Council and Residential Code Council.
(c1) Posting on Department State
Fire Marshal Website The Department of Insurance Office of the
State Fire Marshal shall post and maintain on that portion of its website
devoted to the responsible Code Council all appeal decisions, interpretations,
and variations of the Code issued by the responsible Code Council within 10
business days of issuance.
."
SECTION 11.62.(a) G.S. 143‑143.4 reads as rewritten:
"§ 143‑143.4. Door lock exemption for certain businesses.
(a) Notwithstanding this
Article or any other law to the contrary, any business entity licensed to sell
automatic weapons as a federal firearms dealer that is in the business of
selling firearms or ammunition and that operates a firing range which rents
firearms and sells ammunition shall be exempt from the door lock requirements
of Chapter 10 of Volume 1 of the North Carolina State Building Code when issued
a permit to that effect by the Department of Insurance the Office of
the State Fire Marshal in accordance with this section.
(b) The Department of
Insurance Office of the State Fire Marshal shall issue a permit to a
business entity specified in subsection (a) of this section for an exemption
from the door lock requirements of Chapter 10 of Volume 1 of the North Carolina
State Building Code if all of the following conditions are met:
(2) The building or facility
in which business is conducted is equipped with an approved smoke, fire, and
break‑in alarm system installed and operated in accordance with rules
adopted by the Department of Insurance. Office of the State Fire
Marshal. An approved smoke, fire, or break‑in alarm system does not
have to include an automatic door unlocking mechanism triggered when the smoke,
fire, or break‑in alarm system is triggered.
(5) Payment of a permit fee
of five hundred dollars ($500.00) to the Department of Insurance.Office
of the State Fire Marshal.
(c) The Department of
Insurance Office of the State Fire Marshal shall file a copy of the
permit issued in accordance with subsection (b) of this section with all local
law enforcement and fire protection agencies that provide protection for the
business entity.
(d) The Department of
Insurance Office of the State Fire Marshal shall be responsible for
any inspections necessary for the issuance of permits under this section and,
in conjunction with local inspection departments, shall be responsible for
periodic inspections to ensure compliance with the requirements of this
section. The Department of Insurance Office of the State Fire Marshal
may contract with local inspection departments to conduct inspections under
this subsection.
(e) The Department of
Insurance Office of the State Fire Marshal shall revoke a permit
issued under this section upon a finding that the requirements for the original
issuance of the permit are not being complied with.
(f) Appeals of decisions of
the Department of Insurance Office of the State Fire Marshal regarding
the issuance or revocation of permits under this section shall be in accordance
with Chapter 150B of the General Statutes.
(i) The Department of
Insurance Office of the State Fire Marshal shall adopt rules to
implement this section."
SECTION 11.62.(b) Rules adopted by the Commissioner of Insurance pursuant to G.S. 143‑143.4 shall remain in effect until amended by the State Fire Marshal in accordance with Chapter 150B of the General Statutes.
SECTION 11.63. G.S. 143‑143.7, as amended by Section 1 of S.L. 2023‑68, reads as rewritten:
"§ 143‑143.7. Elevator safety requirements for certain residential rental accommodations.
(c) Upon installation of a
door baffle, door space guard, door, or gate meeting the requirements of
subdivision (1) or (2) of subsection (b) of this section, the landlord shall
provide the Commissioner of Insurance State Fire Marshal with one
of the following:
(1) A statement signed by a professional elevator installer certifying installation of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section.
(2) A receipt for purchase of the door baffle, door space guard, door, or gate meeting the requirements of subsection (b) of this section, a signed statement by the landlord stating the date of installation, and photographs depicting the door baffle, door space guard, door, or gate as installed.
."
SECTION 11.64. G.S. 143‑143.8 reads as rewritten:
"§ 143‑143.8. Purpose.
The General Assembly finds that manufactured homes have become a primary housing resource for many of the citizens of North Carolina. The General Assembly finds further that it is the responsibility of the manufactured home industry to provide homes which are of reasonable quality and safety and to offer warranties to buyers that provide a means of remedying quality and safety defects in manufactured homes. The General Assembly also finds that it is in the public interest to provide a means for enforcing such warranties.
Consistent with these findings and
with the legislative intent to promote the general welfare and safety of
manufactured home residents in North Carolina, the General Assembly finds that
the most efficient and economical way to assure safety, quality and
responsibility is to require the licensing and bonding of all segments of the
manufactured home industry. The General Assembly also finds that it is
reasonable and proper for the manufactured home industry to cooperate with the Commissioner
of Insurance, Office of the State Fire Marshal, through the
establishment of the North Carolina Manufactured Housing Board, to provide for
a comprehensive framework for industry regulations."
SECTION 11.65. G.S. 143‑143.9 reads as rewritten:
"§ 143‑143.9. Definitions.
The following definitions apply in this Part:
(3) Code. Engineering
standards entitled State of North Carolina Regulations for Manufactured Homes
adopted by the Commissioner.State Fire Marshal.
(4) Commissioner. The Commissioner of Insurance of
the State of North Carolina.
."
SECTION 11.66.(a) G.S. 143‑143.10 reads as rewritten:
"§ 143‑143.10. Manufactured Housing Board created; membership; terms; meetings.
(a) There is created the North Carolina Manufactured Housing Board within the Department. The Board shall be composed of 11 members as follows:
(1) The Commissioner of
Insurance or the Commissioner's State Fire Marshal or the State Fire
Marshal's designee.
The Commissioner or the
Commissioner's State Fire Marshal or the State Fire Marshal's designee
shall chair the Board. The Governor shall appoint to the Board the manufactured
home manufacturer and the manufactured home dealer. The General Assembly upon
the recommendation of the Speaker of the House of Representatives in accordance
with G.S. 120‑121 shall appoint to the Board the representative of
the banking and finance industry, the employee of a HUD‑approved housing
counseling agency, and the representative of the insurance industry. The
General Assembly upon the recommendation of the President Pro Tempore of the
Senate in accordance with G.S. 120‑121 shall appoint to the Board
the manufactured home supplier, the accountant, and the set‑up
contractor. The Commissioner State Fire Marshal shall appoint two
representatives of the general public. Except for the representatives from the
general public and the persons appointed by the General Assembly, each member
of the Board shall be appointed by the appropriate appointing authority from a
list of nominees submitted to the appropriate appointing authority by the Board
of Directors of the North Carolina Manufactured and Modular Homebuilders
Association. At least three nominations shall be submitted for each position on
the Board. The members of the Board shall be residents of the State.
The members of the Board shall
serve for terms of three years. In the event of any vacancy of a position
appointed by the Governor or Commissioner, State Fire Marshal, the
appropriate appointing authority shall appoint a replacement in the same manner
as provided for the original appointment to serve the remainder of the
unexpired term. Vacancies in appointments made by the General Assembly shall be
filled in accordance with G.S. 120‑122. In the event of any vacancy,
the appropriate appointing authority shall appoint a replacement to serve the
remainder of the unexpired term. Such appointment shall be made in the same
manner as provided for the original appointment. No member of the Board shall
serve more than two consecutive, three‑year terms.
The members of the Board designated in subdivisions (8), (9), and (10) of this subsection shall have no current or previous financial interest connected with the manufactured housing industry. No member of the Board shall participate in any proceeding before the Board involving that member's own business.
Each member of the Board, except
the Commissioner State Fire Marshal and any other State employee,
shall receive per diem and allowances as provided with respect to occupational
licensing boards by G.S. 93B‑5. Fees collected by the Board under
this Article shall be credited to the Insurance Regulatory Fund created under
G.S. 58‑6‑25.
."
SECTION 11.66.(b) The current members of the Manufactured Housing Board appointed by the Commissioner of Insurance pursuant to G.S. 143‑143.10 may continue to serve until the expiration of their terms. Upon the expiration of the term of each current member appointed by the Commissioner of Insurance, the State Fire Marshal shall appoint a successor in accordance with the provisions of G.S. 143‑143.10.
SECTION 11.67. G.S. 143‑143.15 reads as rewritten:
"§ 143‑143.15. Set‑up requirements.
(a) Manufactured homes shall
be set up in accordance with the standards entitled State of North Carolina
Regulations for Manufactured Homes adopted by the Commissioner.State
Fire Marshal.
."
SECTION 11.68. G.S. 143‑143.54 reads as rewritten:
"§ 143‑143.54. Audits and record inspection.
All financial records required by
this Part shall be subject to audit for cause and to random audit at the
discretion of and by the Board, the Commissioner, State Fire Marshal,
or the Attorney General. The Board may inspect these records periodically,
without prior notice and may also inspect these records whenever the Board
determines that the records are pertinent to an investigation of any complaint
against a licensee. The dealer shall provide written authorization to the bank
that holds the escrow or trust account to release any and all requested
information relative to the account to the parties authorized under this
section to inspect those records."
SECTION 11.69. G.S. 143‑145 reads as rewritten:
"§ 143‑145. Definitions.
The following definitions apply in this Article:
(2) Commissioner. The Commissioner of Insurance of
the State of North Carolina or an authorized designee of the Commissioner.
."
SECTION 11.70.(a) G.S. 143‑146 reads as rewritten:
"§ 143‑146. Statement of policy; rule‑making power.
(a) Manufactured homes,
because of the manner of their construction, assembly and use and that of their
systems, components and appliances (including heating, plumbing and electrical
systems) like other finished products having concealed vital parts may present
hazards to the health, life and safety of persons and to the safety of property
unless properly manufactured. In the sale of manufactured homes, there is also
the possibility of defects not readily ascertainable when inspected by
purchasers. It is the policy and purpose of this State to provide protection to
the public against those possible hazards, and for that purpose to forbid the
manufacture and sale of new manufactured homes, which are not so constructed as
to provide reasonable safety and protection to their owners and users. This
Article provides to the Commissioner State Fire Marshal all
necessary authority to enable the State to obtain approval as a State
Administrative Agency under the provisions of the Act.
(e) The Commissioner State
Fire Marshal may adopt rules to carry out the provisions of the Act and
this Article, including rules for consumer complaint procedures and rules for
the enforcement of the standards and regulations established and adopted by HUD
under the Act."
SECTION 11.70.(b) Rules adopted by the Commissioner of Insurance pursuant to G.S. 143‑146 shall remain in effect until amended by the State Fire Marshal in accordance with Chapter 150B of the General Statutes.
SECTION 11.71.(a) G.S. 143‑148 reads as rewritten:
"§ 143‑148. Certain structures excluded from coverage.
The Commissioner State
Fire Marshal may by rule provide for the exclusion of certain structures by
certification in accordance with the Act."
SECTION 11.71.(b) Rules adopted by the Commissioner of Insurance pursuant to G.S. 143‑148 shall remain in effect unless amended by the State Fire Marshal in accordance with Chapter 150B of the General Statutes.
SECTION 11.72. G.S. 143‑151 reads as rewritten:
"§ 143‑151. Penalties.
(a) Any person who is found
by the Commissioner State Fire Marshal to have violated the
provisions of the Act, this Article, or any rules adopted under this Article,
shall be liable for a civil penalty not to exceed the amount set by 24 C.F.R. §
3282.10 for each violation. Each violation shall constitute a separate violation
for each manufactured home or for each failure or refusal to allow or perform
an act required by the Act, this Article, or any rules adopted under this
Article. The maximum civil penalty may not exceed the amount set by 24 C.F.R. §
3282.10 for any related series of violations occurring within one year after
the date of the first violation. In determining the amount of the penalty, the Commissioner
State Fire Marshal shall consider the degree and extent of harm
caused by the violation, the amount of money that inured to the benefit of the
violator as a result of the violation, whether the violation was willful, and
the prior record of the violator in complying or failing to comply with laws,
rules, or orders applicable to the violator. The clear proceeds of civil
penalties provided for in this section shall be remitted to the Civil Penalty
and Forfeiture Fund in accordance with G.S. 115C‑457.2.
."
SECTION 11.73. G.S. 143‑151.1 reads as rewritten:
"§ 143‑151.1. Enforcement.
The Commissioner State
Fire Marshal may initiate any appropriate action or proceeding to prevent,
restrain, or correct any violation of the Act, this Article, or any rules
adopted under this Article. The Commissioner, State Fire Marshal, or
any of his deputies or employees, upon showing proper credentials and in the
discharge of their duties under this Article, or the Act, is authorized at
reasonable hours and without advance notice to enter and inspect all factories,
warehouses, or establishments in this State in which manufactured homes are
manufactured, stored or held for sale."
SECTION 11.74.(a) G.S. 143‑151.2 reads as rewritten:
"§ 143‑151.2. Fees.
(a) The Commissioner State
Fire Marshal shall establish a monitoring inspection fee in an amount
required by the Secretary of HUD. This monitoring inspection fee shall be an
amount paid by each manufactured home manufacturer in this State for each
manufactured home produced by the manufacturer in this State.
."
SECTION 11.74.(b) The monitoring inspection fee established by the Commissioner of Insurance pursuant to G.S. 143‑151.2 shall remain in effect until amended by the State Fire Marshal in an amount required by the Secretary of HUD.
SECTION 11.75. G.S. 143‑151.3 reads as rewritten:
"§ 143‑151.3. Reports.
Each manufacturer, distributor, and
dealer of manufactured homes shall establish and maintain such records, make
such reports, and provide such information as the Commissioner State
Fire Marshal or the Secretary of HUD may reasonably require to be able to
determine whether the manufacturer, distributor, or dealer has acted or is
acting in compliance with this Article, or the Act and shall, upon request of a
person designated by the Commissioner State Fire Marshal or the
Secretary of HUD, permit the person to inspect appropriate books, papers,
records and documents relevant to determining whether the manufacturer,
distributor, or dealer has acted or is acting in compliance with this Article
or the Act, and any rules adopted by the Commissioner State Fire
Marshal under this Article."
SECTION 11.76. G.S. 143‑151.4 reads as rewritten:
"§ 143‑151.4. Notification of defects and correction procedures.
Every manufacturer of manufactured
homes shall provide for notification and correction procedures in any
manufactured home produced by the manufacturer in accordance with the Act, this
Article, and any rules adopted by the Commissioner.State Fire
Marshal."
SECTION 11.77. G.S. 143‑151.5 reads as rewritten:
"§ 143‑151.5. Prohibited acts.
(a) No person shall:
(5) Fail to comply with a
rule adopted or an order issued by the Commissioner State Fire
Marshal under this Article.
."
SECTION 11.78. G.S. 143‑151.8 reads as rewritten:
"§ 143‑151.8. Definitions.
(a) The following definitions apply in this Article:
(2) Code. Consists of all of the following:
d. The standards adopted by
the Commissioner of Insurance State Fire Marshal under
G.S. 143‑143.15(a).
(c) For purposes of this Article, "willful misconduct, gross negligence, or gross incompetence" in addition to the meaning of those terms under other provisions of the General Statutes or at common law, includes any of the following:
(2) Refusing to accept an
alternative design or construction method that has been appealed under
G.S. 143‑140.1 and found by the Department of Insurance Office
of the State Fire Marshal to comply with the Code under the conditions or
circumstances set forth in the Department's Office of the State Fire
Marshal's decision for that appeal.
(5) Refusing to implement or
adhere to an interpretation of the Building Code issued by the Building Code
Council or the Department of Insurance.Office of the State Fire
Marshal.
."
SECTION 11.79.(a) G.S. 143‑151.9 reads as rewritten:
"§ 143‑151.9. North Carolina Code Officials Qualification Board established; members; terms; vacancies.
(a) There is hereby established the North Carolina Code Officials Qualification Board in the Department of Insurance. The Board shall be composed of 20 members appointed as follows:
The various categories shall be
appointed as follows: (1), (2), (3), and (14) by the Governor; (4), (5), and
(6) by the General Assembly upon the recommendation of the President Pro
Tempore in accordance with G.S. 120‑121; (7), (8), and (9) by the
General Assembly upon the recommendation of the Speaker of the House of
Representatives in accordance with G.S. 120‑121; (10) by the deans
of the respective schools of engineering of the named universities; (11) by the
Dean of the School of Government at the University of North Carolina at Chapel
Hill; (12) by the President of the Community Colleges System; and (13) by the Commissioner
of Insurance.State Fire Marshal.
."
SECTION 11.79.(b) The current member of the North Carolina Code Officials Qualification Board appointed by the Commissioner of Insurance pursuant to G.S. 143‑151.9 shall continue to serve until the expiration of the member's term. Upon the expiration of the member's term, the State Fire Marshal shall appoint a successor as provided in G.S. 143‑151.9.
SECTION 11.80.(a) G.S. 143‑151.12 reads as rewritten:
"§ 143‑151.12. Powers.
In addition to powers conferred upon the Board elsewhere in this Article, the Board has the power to do the following:
(9) Establish within the Department
of Insurance Office of the State Fire Marshal a marketplace pool of
qualified Code‑enforcement officials available for the following
purposes:
a. When requested by the Insurance
Commissioner, State Fire Marshal, to assist in the discharge of the Commissioner's
State Fire Marshal's duty under G.S. 143‑139 to
supervise, administer, and enforce the North Carolina State Building Code. The
State Fire Marshal shall have the power and authority to fix and collect
reasonable fees for services performed by Code‑enforcement officials
under this sub‑subdivision. The State Fire Marshal may also collect
reimbursement, at the rate established under G.S. 138‑6, for mileage
costs incurred by Code‑enforcement officials going to and from
inspections conducted under this sub‑subdivision. The State Fire Marshal
shall have no power or authority to fix or collect fees incurred by local
inspection departments under sub‑subdivision b. of this subdivision.
."
SECTION 11.80.(b) Fees fixed by the Commissioner of Insurance under G.S. 58‑2‑40(1a) for services performed by Code‑enforcement officials under G.S. 143‑151.12(9)a. shall remain in effect until amended by the State Fire Marshal pursuant to G.S. 143‑151.12(9)a. in accordance with Chapter 150B of the General Statutes.
SECTION 11.81. G.S. 143‑151.13 reads as rewritten:
"§ 143‑151.13. Required standards and certificates for Code‑enforcement officials.
(e) The Board shall, without
requiring an examination, issue a standard certificate to any person who is
currently certified as a county electrical inspector pursuant to G.S. 160D‑1102.
The certificate issued by the Board shall authorize the person to serve at the
electrical inspector level approved by the Commissioner of Insurance State
Fire Marshal in G.S. 160D‑1102.
."
SECTION 11.82. G.S. 143‑151.46 reads as rewritten:
"§ 143‑151.46. North Carolina Home Inspector Licensure Board established; members; terms; vacancies.
(a) Membership. The North
Carolina Home Inspector Licensure Board is established in the Department of Insurance.
The Board shall be composed of the Commissioner of Insurance or the
Commissioner's State Fire Marshal or the State Fire Marshal's designee
and seven additional members appointed as follows:
."
SECTION 11.83. G.S. 143‑151.21 reads as rewritten:
"§ 143‑151.21. Disposition of fees.
Fees collected by the Commissioner
State Fire Marshal under this Article shall be credited to the
Insurance Regulatory Fund created under G.S. 58‑6‑25."
SECTION 11.84. G.S. 160D‑402 reads as rewritten:
"§ 160D‑402. Administrative staff.
(d) Financial Support. The
local government may appropriate for the support of the staff any funds that it
deems necessary. It shall have power to fix reasonable fees for support,
administration, and implementation of programs authorized by this Chapter, and
all such fees shall be used for no other purposes. When an inspection, for
which the permit holder has paid a fee to the local government, is performed by
a marketplace pool Code‑enforcement official upon request of the Insurance
Commissioner State Fire Marshal under G.S. 143‑151.12(9)a.,
the local government shall promptly return to the permit holder the fee
collected by the local government for such inspection. This subsection applies
to the following types of inspection: plumbing, electrical systems, general
building restrictions and regulations, heating and air‑conditioning, and
the general construction of buildings."
SECTION 11.85. G.S. 160D‑910 reads as rewritten:
"§ 160D‑910. Manufactured homes.
(g) A local government may require
by ordinance that manufactured homes be installed in accordance with the Set‑Up
and Installation Standards adopted by the Commissioner of Insurance; State
Fire Marshal; provided, however, a local government shall not require a
masonry curtain wall or masonry skirting for manufactured homes located on land
leased to the homeowner."
SECTION 11.86. G.S. 160D‑1102 reads as rewritten:
"§ 160D‑1102. Building code administration.
(b) In the event that any
local government fails to provide inspection services or ceases to provide
inspection services, the Commissioner of Insurance State Fire Marshal
shall arrange for the provision of inspection services, either through
personnel employed by the department Office of the State Fire Marshal
or another division of the Department of Insurance or through an
arrangement with other units of government. In either event, the Commissioner
State Fire Marshal has and may exercise within the local
government's planning and development regulation jurisdiction all powers made
available to the governing board with respect to building inspection under this
Article and Part 1 of Article 20 of Chapter 160A of the General Statutes.
Whenever the Commissioner State Fire Marshal has intervened in
this manner, the local government may assume provision of inspection services
only after giving the Commissioner State Fire Marshal two years'
written notice of its intention to do so; however, the Commissioner State
Fire Marshal may waive this requirement or permit assumption at an earlier
date upon finding that an earlier assumption will not unduly interfere with
arrangements made for the provision of those services.
."
SECTION 11.87. G.S. 160D‑1114, as amended by Section 1(o) of S.L. 2023‑108, reads as rewritten:
"§ 160D‑1114. Appeals of stop orders.
(a) The owner or builder may
appeal from a stop order involving alleged violation of the North Carolina
State Building Code or any approved local modification thereof to the North Carolina
Commissioner of Insurance State Fire Marshal or his or her designee
within a period of five days after the order is issued. Notice of appeal shall
be given in writing to the Commissioner of Insurance State Fire
Marshal or his or her designee, with a copy to the local inspector.
The Commissioner of Insurance State Fire Marshal or his or her
designee shall promptly conduct an investigation, and the appellant and the
inspector shall be permitted to submit relevant evidence. The Commissioner
of Insurance State Fire Marshal or his or her designee shall as
expeditiously as possible provide a written statement of the decision setting
forth the facts found, the decision reached, and the reasons for the decision.
Pending the ruling by the Commissioner of Insurance State Fire
Marshal or his or her designee on an appeal, no further work shall take
place in violation of a stop order. In the event of dissatisfaction with the
decision, the person affected shall have the following options:
(1) Appealing to the Building Code Council or Residential Code Council.
(2) Appealing to the superior court as provided in G.S. 143‑141.
(b) The owner or builder may appeal from a stop order involving alleged violation of a local development regulation as provided in G.S. 160D‑405."
SECTION 11.88. G.S. 160D‑1126 reads as rewritten:
"§ 160D‑1126. Records and reports.
The inspection department shall
keep complete and accurate records in convenient form of all applications
received, permits issued, inspections and reinspections made, defects found,
certificates of compliance or occupancy granted, and all other work and
activities of the department. These records shall be kept in the manner and for
the periods prescribed by the Department of Natural and Cultural Resources.
Periodic reports shall be submitted to the governing board and to the Commissioner
of Insurance State Fire Marshal as they shall by ordinance, rule, or
regulation require."
SECTION 11.89. G.S. 160D‑1127, as amended by Section 1(p) of S.L. 2023‑108, reads as rewritten:
"§ 160D‑1127. Appeals.
Unless otherwise provided by law,
appeals from any order, decision, or determination by a member of a local
inspection department pertaining to the North Carolina State Building Code or
other State building laws shall be taken to the Commissioner of Insurance State
Fire Marshal or the Commissioner's State Fire Marshal's designee
or other official specified in G.S. 143‑139 by filing a written
notice with the Commissioner State Fire Marshal and with the
inspection department within a period of 10 days after the order, decision, or
determination. Further appeals may be taken to the Building Code Council or
Residential Code Council or to the courts as provided by law."
SECTION 11.90. G.S. 160D‑1128 reads as rewritten:
"§ 160D‑1128. Fire limits.
(a) County Fire Limits. A
county may by ordinance establish and define fire limits in any area within the
county and not within a city. The limits may include only business and
industrial areas. Within any fire limits, no frame or wooden building or
addition thereto may be erected, altered, repaired, or moved, either into the
fire limits or from one place to another within the limits, except upon the
permit of the inspection department and approval of the Commissioner of
Insurance. State Fire Marshal. The governing board may make
additional regulations necessary for the prevention, extinguishment, or
mitigation of fires within the fire limits.
(c) Restrictions Within
Municipal Primary Fire Limits. Within the primary fire limits of any city, as
established and defined by ordinance, no frame or wooden building or structure
or addition thereto shall hereafter be erected, altered, repaired, or moved, either
into the limits or from one place to another within the limits, except upon the
permit of the local inspection department approved by the governing board and
by the Commissioner of Insurance State Fire Marshal or the Commissioner's
State Fire Marshal's designee. The governing board may make
additional regulations for the prevention, extinguishment, or mitigation of
fires within the primary fire limits.
(e) Failure to Establish
Municipal Primary Fire Limits. If the governing board of any city shall fail
or refuse to establish and define the primary fire limits of the city as
required by law, after having such failure or refusal called to their attention
in writing by the State Commissioner of Insurance, Fire Marshal, the
Commissioner State Fire Marshal shall have the power to establish
the limits upon making a determination that they are necessary and in the
public interest."
SECTION 11.91. Section 30.4A of S.L. 2021‑180, as amended by Section 30.4A(b) of S.L. 2023‑134, reads as rewritten:
"SECTION 30.4A.(a)
Firefighters' Health Benefits Pilot Program. Of the funds appropriated in
this act to the Department of Insurance, Insurance for the
firefighter cancer health benefit pilot extension, Fund Code 2510, the sum
of five million dollars ($5,000,000) in nonrecurring funds for each fiscal year
of the 2023‑2025 fiscal biennium shall be used by the Office of the
State Fire Marshal to continue and administer a pilot program to provide
health benefits as authorized by this section to eligible firefighters with a
new diagnosis of cancer on or after January 1, 2022. The health benefits
provided under the pilot program shall be supplemental to any other health
benefits authorized by law for firefighters. The pilot program shall end on
June 30, 2025, but claims for health benefits filed by that date shall be paid
as long as funds appropriated for the pilot program are available. Effective
January 1, 2024, the Department Office of the State Fire Marshal shall
begin administering the pilot program instead of purchasing private insurance
for that purpose. purpose, and the Office shall perform this
duty by contracting with a third‑party administrator. The contracting
procedure is not subject to Article 3C of Chapter 143 of the General Statutes. The
Department Office may use up to five percent (5%) ten
percent (10%) of the funds appropriated for the pilot program in this act
for the purpose of hiring additional staff to aid in administering the pilot
program in‑house reasonable and necessary expenses incurred by the
Office in administering the pilot program and conducting an independent
audit of the pilot program. The results of the independent audit shall be
submitted to the General Assembly, the Fiscal Research Division, and the
Governor no later than July 1, 2025, along with the report required by
subsection (f) of this section.
"SECTION 30.4A.(c) Eligibility. To be eligible to receive benefits under the pilot program, a firefighter:
(1) Must have served in a North Carolina fire department for a minimum of five continuous years; provided, however, if a firefighter, during those five years, experiences a lapse in service of no more than six months, the firefighter shall not be ineligible to receive benefits under the pilot program.
(2) Must have received a new
diagnosis of cancer on or after January 1, 2022. A firefighter with a diagnosis
of cancer prior to January 1, 2022, is not eligible for benefits in the pilot
program for that previously diagnosed cancer type but remains eligible for
benefits in the pilot program upon diagnosis of any other cancer type. type,
even if the other cancer type diagnosed on or after January 1, 2022, metastasized
from a cancer diagnosed before January 1, 2022. A firefighter is not
eligible to receive benefits under the pilot program if the firefighter is
receiving benefits related to cancer under Article 1 of Chapter 97 of the
General Statutes, the North Carolina Workers' Compensation Act.
(3) Must have filed a claim
with the Department Office of the State Fire Marshal seeking
benefits under this section no later than June 30, 2025.
"SECTION 30.4A.(d) Benefits Under Pilot Program. To the extent that funds are available, the following benefits shall be provided under the pilot program:
(2) Lump sum benefit. Not to exceed a total of fifty thousand dollars ($50,000), a lump sum benefit of twenty‑five thousand dollars ($25,000) for each diagnosis of cancer shall be payable to an eligible firefighter upon sufficient proof to the insurance carrier, the Department, the Office of the State Fire Marshal, or other applicable payor of a diagnosis of cancer by a board‑certified, licensed physician in the medical specialty appropriate for the type of cancer diagnosed.
(3) Disability benefit. Upon sufficient proof to the insurance carrier, the Department, the Office of the State Fire Marshal, or other applicable payor of total disability resulting from the diagnosis of cancer or that the cancer precludes the firefighter from serving as a firefighter, the following disability benefits shall be paid to an eligible firefighter beginning six months after the total disability or inability to perform the duties of a firefighter, whichever applies:
"SECTION 30.4A.(e) Limitations on Disability Benefit. The following limitations apply to disability benefits under this section:
(1) Disability benefits shall
continue for no more than 36 consecutive months; provided, however, disability
benefits shall continue only until funds appropriated for the pilot program are
available. Upon the expenditure of all funds appropriated for the pilot
program, all disability payments under the pilot program shall terminate and
the Department Office of the State Fire Marshal shall have no
other responsibility to provide benefits under the pilot program.
"SECTION 30.4A.(f) Reporting Requirements. On July 1, 2023, July 1, 2024,
July 1, 2024, and July 1, 2025, the Department Office of
the State Fire Marshal shall submit a report to the General Assembly, the
Fiscal Research Division, and the Governor that includes the following
information:
."
SECTION 11.92. Section 30.6 of S.L. 2023‑134 reads as rewritten:
"SECTION 30.6.(a) Grants Authorized. Of the funds appropriated in this act
to the Department of Insurance, Insurance for rescue squad
assistance, Fund Code 2123, the sum of one million dollars ($1,000,000) in nonrecurring
funds for each year of the 2023‑2025 fiscal biennium shall be used by the
Department Office of the State Fire Marshal to establish and
administer a grant program to provide grants to eligible standalone volunteer
rescue units (hereinafter "unit") for the purpose of purchasing
equipment and making capital improvements. Grants for equipment shall not be
more than twenty‑five thousand dollars ($25,000) to each unit in each
fiscal year and not more than two hundred thousand dollars ($200,000) for capital
improvements in each fiscal year. Each grant applicant shall match an equipment
grant with ten percent (10%) of the grant amount in non‑State funds and a
capital improvement grant with five percent (5%) of the grant amount in non‑State
funds. An applicant may apply for a grant under this section in each fiscal
year of the 2023‑2025 fiscal biennium. Each applicant may be awarded only
one grant in each fiscal year of the 2023‑2025 fiscal biennium. For
purposes of this section, the term "eligible standalone volunteer rescue
unit" means a volunteer rescue unit under G.S. 58‑87‑5(b)
that is not combined with a rescue/EMS, EMS units that are volunteer fire
departments that are a part of a county's EMS system plan, EMS units providing
rescue or rescue and emergency medical services, or any other unit of any type
providing rescue and/or emergency services.
"SECTION 30.6.(b) In awarding grants under this section, the Department Office
of the State Fire Marshal shall, to the extent possible, select applicants
from all parts of the State. Grants shall be made as soon as practicable. If,
in any fiscal year, the Department Office of the State Fire Marshal has
not disbursed all of the grant funds appropriated for the grant program as
provided in subsection (a) of this section, the Department Office of
the State Fire Marshal shall allow applicants who have not received grant
funds in that fiscal year to apply for a grant, and the applicant shall match
the grant funds as provided in subsection (a) of this section. Grants
authorized by this section shall be awarded in addition to and shall not
supplant any amount of the grant awarded to an eligible standalone volunteer
rescue unit under G.S. 58‑87‑5. Any funds appropriated for the
grant program authorized by subsection (a) of this section that are
unencumbered at the end of each fiscal year of the 2023‑2025 fiscal
biennium shall not revert to the Volunteer Rescue/EMS Fund but shall remain
available for providing grants as authorized by this section.
"SECTION 30.6.(c) Report.
Within 60 days after all grants have been awarded under subsection (a) of
this section, the Department Office of the State Fire Marshal shall
submit a written report to the Senate Appropriations Committee on General
Government and Information Technology, the House of Representatives
Appropriations Committee on General Government, the Joint Legislative Oversight
Committee on General Government, and the Fiscal Research Division which shall
include all of the following:
."
SECTION 11.93. Section 30.7 of S.L. 2023‑134 reads as rewritten:
"SECTION 30.7.(a) Grants Authorized. Of the funds appropriated in this act
to the Department of Insurance, Insurance for voluntary fire department
assistance, Fund Code 2133, the sum of one million dollars ($1,000,000) in
nonrecurring funds for each fiscal year of the 2023‑2025 fiscal biennium
shall be used by the Department Office of the State Fire Marshal to
establish and administer a grant program to provide grants in an amount of not
more than ten thousand dollars ($10,000) to eligible fire departments under
G.S. 58‑87‑1(b) for the purpose of replacing fire apparatus
tires. Grants shall be awarded only to applicants who certify in writing the
need to remove fire apparatus tires from service because of any of the
following reasons: (i) tread wear beyond the minimum tread depth, (ii) fire
conditions that caused damage to the tires, such as coming into contact with
fire retardant and/or running over glass, debris, oil, or chemicals, (iii) tire
damage, such as cuts, bulges, and cracks, and (iv) evidence of dry rot or
sidewall cracking. Applicants shall use the grant funds only for the purpose of
replacing fire apparatus tires and shall not use the funds for any other
purpose. Applicants are not required to provide a match for grant funds. An
applicant may apply for a grant under this section in each fiscal year of the
2023‑2025 fiscal biennium. Each applicant may be awarded only one grant
in each fiscal year of the 2023‑2025 fiscal biennium.
"SECTION 30.7.(b) In
awarding grants under this section, the Department Office of the
State Fire Marshal shall, to the extent possible, select applicants from
all parts of the State. Grants shall be made as soon as practicable. If, in any
fiscal year, the Department Office of the State Fire Marshal has
not disbursed all the grant funds appropriated for the grant program authorized
by subsection (a) of this section, the Department Office of the State
Fire Marshal shall allow applicants who have not received grant funds in
that fiscal year to apply for a grant. Grants authorized by this section shall
be awarded in addition to and shall not supplant any amount of the grant
awarded to an eligible fire department under G.S. 58‑87‑1. Any
funds appropriated for the grant program authorized by subsection (a) of this
section that are unencumbered at the end of each fiscal year of the 2023‑2025
fiscal biennium shall not revert to the Volunteer Fire Department Fund but
shall remain available for providing grants as authorized by this section.
"SECTION 30.7.(c)
Report. Within 60 days after all grants have been awarded under subsection
(a) of this section, the Department Office of the State Fire Marshal shall
submit a written report to the Senate Appropriations Committee on General
Government and Information Technology, the House of Representatives
Appropriations Committee on General Government, the Joint Legislative Oversight
Committee on General Government, and the Fiscal Research Division which shall
include all of the following:
."
PART XII. MISCELLANEOUS
SECTION 12.1. G.S. 14‑68 reads as rewritten:
"§ 14‑68. Failure of owner of property to comply with orders of public authorities.
If the owner or occupant of any
building or premises shall fail to comply with the duly authorized orders of
the chief of the fire department, or of the Commissioner of Insurance, State
Fire Marshal, or of any municipal or county inspector of buildings or of
particular features, facilities, or installations of buildings, he shall be
guilty of a Class 3 misdemeanor, and punished only by a fine of not less than
ten ($10.00) nor more than fifty dollars ($50.00) for each day's neglect,
failure, or refusal to obey such orders."
SECTION 12.2. G.S. 66‑25 reads as rewritten:
"§ 66‑25. Acceptable listings as to safety of goods.
(a) All electrical
materials, devices, appliances, and equipment shall be evaluated for safety and
suitability for intended use. Except as provided in subsections (b) and (c) of
this section, this evaluation shall be conducted in accordance with nationally
recognized standards and shall be conducted by a qualified testing laboratory.
The Commissioner of Insurance, State Fire Marshal, through the
Engineering Division of the Department of Insurance, shall implement the
procedures necessary to approve suitable national standards and to approve
suitable qualified testing laboratories. The Commissioner State Fire
Marshal may assign his authority to implement the procedures for specific
materials, devices, appliances, or equipment to other agencies or bodies when
they would be uniquely qualified to implement those procedures.
In the event that the Commissioner
State Fire Marshal determines that electrical materials, devices,
appliances, or equipment in question cannot be adequately evaluated through the
use of approved national standards or by approved qualified testing
laboratories, the Engineering Division of the Department of Insurance shall
specify any alternative evaluations which safety requires.
The Engineering Division of the Department of Insurance shall keep in file, where practical, copies of all approved national standards and resumes of approved qualified testing laboratories.
."
SECTION 12.3. G.S. 115C‑288 reads as rewritten:
"§ 115C‑288. Powers and duties of principal.
(d) To Conduct Fire Drills
and Inspect for Fire Hazards. It shall be the duty of the principal to
conduct a fire drill during the first week after the opening of school and
thereafter at least one fire drill each school month, in each building in his
charge, where children are assembled. Fire drills shall include all pupils and
school employees, and the use of various ways of egress to simulate evacuation
of said buildings under various conditions, and such other regulations as shall
be prescribed for fire safety by the Commissioner of Insurance, State
Fire Marshal, the Superintendent of Public Instruction Instruction,
and the State Board of Education. A copy of such regulations shall be kept
posted on the bulletin board in each building.
It shall be the duty of each principal to inspect each of the buildings in his charge at least twice each month during the regular school session. This inspection shall include cafeterias, gymnasiums, boiler rooms, storage rooms, auditoriums and stage areas as well as all classrooms. This inspection shall be for the purpose of keeping the buildings safe from the accumulation of trash and other fire hazards.
It shall be the duty of the
principal to file two copies of a written report once each month during the
regular school session with the superintendent of his local school
administrative unit, one copy of which shall be transmitted by the
superintendent to the chairman of the local board of education. This report
shall state the date the last fire drill was held, the time consumed in
evacuating each building, that the inspection has been made as prescribed by
law and such other information as is deemed necessary for fire safety by the Commissioner
of Insurance, State Fire Marshal, the Superintendent of Public Instruction
Instruction, and the State Board of Education.
It shall be the duty of the principal to minimize fire hazards pursuant to the provisions of G.S. 115C‑525.
."
SECTION 12.4. G.S. 115C‑525 reads as rewritten:
"§ 115C‑525. Fire prevention.
(a) Duty of Principal Regarding Fire Hazards. The principal of every public school in the State shall have the following duties regarding fire hazards during periods when he is in control of a school:
(2) Every principal shall
make certain that no electrical wiring shall be installed within any school
building or structure or upon the premises and that no alteration or addition
shall be made in any existing wiring, except with the authorization of the
superintendent. Any such work shall be performed by a licensed electrical
contractor, or by a maintenance electrician regularly employed by the board of
education and approved by the Commissioner of Insurance.State Fire
Marshal.
(b) Inspection of Schools for Fire Hazards; Removal of Hazards. Every public school building in the State shall be inspected a minimum of two times during the year in accordance with the following plan: Provided, that the periodic inspections herein required shall be at least 120 days apart:
(1) Each school building
shall be inspected to make certain that none of the fire hazards enumerated in
G.S. 115C‑525(a)(1) through (5) exist, and to ensure that the
building and all heating, mechanical, electrical, gas, and other equipment and
appliances are properly installed and maintained in a safe and serviceable
manner as prescribed by the North Carolina Building Code. Following each
inspection, the persons making the inspection shall furnish to the principal of
the school a written report of conditions found during inspection, upon forms
furnished by the Commissioner of Insurance, State Fire Marshal, and
the persons making the inspection shall also furnish a copy of the report to
the superintendent of schools; the superintendent shall keep such copy on file
for a period of three years. In addition to the periodic inspections herein
required, any alterations or additions to existing school buildings or to
school building utilities or appliances shall be inspected immediately
following completion.
(3) It shall be the duty of
the Commissioner of Insurance, State Fire Marshal, the
Superintendent of Public Instruction, and the State Board of Education to
prescribe any additional rules and regulations which they may deem necessary in
connection with such inspections and reports for the reduction of fire hazards
and protection of life and property in public schools.
."
SECTION 12.5. G.S. 143B‑943 reads as rewritten:
"§ 143B‑943. Criminal history record checks of applicants to and current members of fire departments and emergency medical services.
(g) For purposes of this
section, "local fire chief" shall include the fire chief of any bona
fide fire department certified to the Commissioner of Insurance State
Fire Marshal with at least a Class 9S rating for insurance grading
purposes; "county fire marshal" shall include only fire marshals who
are paid employees of a county; and "emergency services director"
shall include only emergency services directors who are paid employees of a
city or county."
SECTION 12.6. G.S. 150B‑38 reads as rewritten:
"§ 150B‑38. Scope; hearing required; notice; venue.
(a) The provisions of this Article shall apply to:
(5a) The Office of the State Fire Marshal and the State Fire Marshal.
."
SECTION 12.7. G.S. 169‑4 reads as rewritten:
"§ 169‑4. North Carolina Innovation Council established.
(b) The Council shall consist of 11 members, as follows:
(1) The Commissioner of Banks or appointed designee.
(2) The Commissioner of
Insurance and Fire Marshal or appointed designee.
(3) The Secretary of State or appointed designee.
(4) The Attorney General or appointed designee.
(5) Two public members appointed by the Governor.
(6) One public member appointed by the Lieutenant Governor.
(7) Two public members from academia appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(8) Two public members from the North Carolina entrepreneurial or blockchain community appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
."
PART xIII. EFFECTIVE DATE
SECTION 13. Except as otherwise provided, the remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25th day of October, 2023.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 5:12 p.m. this 9th day of November, 2023