North Carolina 2025-2026 Regular Session

North Carolina House Bill H309 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 309
	3	+	H D
	4	+	HOUSE BILL DRH10107-BG-3A
	5	+
5	6
6	7
7	8		Short Title: Bldg. Code Fam. Child Care Home Class. (Public)
8		-	Sponsors: Representatives Arp, Lambeth, Paré, and Rhyne (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Judiciary 1, if favorable, Housing and Development, if favorable, Rules, Calendar,
11		-	and Operations of the House
12		-	March 6, 2025
13		-	H309 -v-1
	9	+	Sponsors: Representative Arp.
	10	+	Referred to:
	11	+
	12	+	DRH10107 -BG-3A
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO DIRECT THE RESIDENTIAL CODE COUNCIL AND BUILDING CODE 2
16	15		COUNCIL TO CREATE A FAMILY CHILD CARE HOME OCCUPANCY 3
17	16		CLASSIFICATION WITHIN THE NORTH CAROLINA STATE BUILDING CODE. 4
18	17		The General Assembly of North Carolina enacts: 5
19	18		SECTION 1.(a) Definitions. – For the purposes of this section, the following 6
20	19		definitions apply: 7
21	20		(1) Code. – The North Carolina State Building Code, and amendments to the 8
22	21		Code, as adopted by the Councils. 9
23	22		(2) Councils. – The Residential Code Council and the Building Code Council. 10
24	23		(3) Family child care home. – As described in G.S. 110-86(3)b. 11
25	24		SECTION 1.(b) Family Child Care Home. – Until the effective date of the rules to 12
26	25		create a family child care home occupancy classification within a dwelling subject to the North 13
27	26		Carolina Residential Code, the Office of the State Fire Marshal, the Councils, and State and local 14
28	27		governments enforcing the Code shall adhere to family child care home requirements as provided 15
29	28		in subsection (c) of this section. 16
30	29		SECTION 1.(c) Implementation. – Notwithstanding Section 310, Residential Group 17
31	30		R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 18
32	31		Carolina Fire Code, a family child care home located within a dwelling subject to the North 19
33	32		Carolina Residential Code shall be treated as a Residential Group R-3 occupancy. The building 20
34	33		where the family child care home is located shall be permitted to comply with the North Carolina 21
35	34		Residential Code, provided that a family child care home must meet only the following additional 22
36	35		requirements: 23
37	36		(1) Rooms and areas within a family child care home where occupants receive 24
38	37		care shall be on the same level of exit discharge. 25
39	38		(2) Rooms and areas within a family child care home where occupants receive 26
40	39		care shall be located on the same level with, and within a maximum of 40 feet 27
41	40		travel distance to, at least one 2A:10B:C fire extinguisher. 28
42	41		(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 29
43	42		and Lockdown Plan compliant with Section 404 of the North Carolina Fire 30
44	43		Code. 31
45	44		(4) A family child care home shall have carbon monoxide alarm and detection 32
46		-	systems compliant with Section R315 of the North Carolina Residential Code. 33 General Assembly Of North Carolina Session 2025
47		-	Page 2 House Bill 309-First Edition
48		-	(5) A family child care home shall have smoke alarms compliant with Section 1
49		-	R314 of the North Carolina Residential Code. 2
50		-	SECTION 1.(d) Additional Residential Code Council Rulemaking Authority. – The 3
51		-	Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 4
52		-	create a family child care home occupancy classification within a dwelling subject to the North 5
53		-	Carolina Residential Code consistent with subsection (c) of this section. Notwithstanding 6
54		-	G.S. 150B-19(4), the rules adopted by the Residential Code Council pursuant to this subsection 7
55		-	shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 8
56		-	pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General 9
57		-	Statutes. Rules adopted pursuant to this subsection shall become effective as provided in 10
58		-	G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 11
59		-	G.S. 150B-21.3(b2). 12
60		-	SECTION 1.(e) Additional Building Code Council Rulemaking Authority. – The 13
61		-	Building Code Council shall adopt rules to amend the North Carolina State Building Code 14
62		-	volumes specified within G.S. 143-138(a)(1) through (9) to make conforming changes consistent 15
63		-	with rules adopted by the Residential Code Council as required by subsection (d) of this section. 16
64		-	Rules adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B 17
65		-	of the General Statutes. Rules adopted pursuant to this subsection shall become effective as 18
66		-	provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received as 19
67		-	provided in G.S. 150B-21.3(b2). 20
68		-	SECTION 1.(f) Sunset. – This section expires when permanent rules adopted as 21
69		-	required by subsections (d) and (e) of this section become effective. 22
70		-	SECTION 2.(a) Definitions. – For the purposes of this section, the following 23
71		-	definitions apply: 24
72		-	(1) Code. – The North Carolina State Building Code, and amendments to the 25
73		-	Code, as adopted by the Councils. 26
74		-	(2) Councils. – The Residential Code Council and the Building Code Council. 27
75		-	(3) Family child care home. – As described in G.S. 110-86(3)b. 28
76		-	SECTION 2.(b) Family Child Care Home. – Until the effective date of the rules to 29
77		-	create a family child care home occupancy classification within a dwelling subject to the North 30
78		-	Carolina Building Code, the Office of the State Fire Marshal, the Councils, and State and local 31
79		-	governments enforcing the Code shall adhere to family child care home requirements as provided 32
80		-	in subsection (c) of this section. 33
81		-	SECTION 2.(c) Implementation. – Notwithstanding Section 310, Residential Group 34
82		-	R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 35
83		-	Carolina Fire Code, a family child care home located within a dwelling subject to the North 36
84		-	Carolina Building Code shall be treated as a Residential Group R-3 occupancy. The dwelling 37
85		-	where the family child care home is located shall be permitted to comply with the North Carolina 38
86		-	Building Code, provided that a family child care home must meet only the following additional 39
87		-	requirements: 40
88		-	(1) Rooms and areas within a family child care home where occupants receive 41
89		-	care shall be on the same level of exit discharge. 42
90		-	(2) Rooms and areas within a family child care home where occupants receive 43
91		-	care shall be located on the same level with, and within a maximum of 40 feet 44
92		-	travel distance to, at least one 2A:10B:C fire extinguisher. 45
93		-	(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 46
94		-	and Lockdown Plan compliant with Section 404 of the North Carolina Fire 47
95		-	Code. 48
96		-	(4) A family child care home shall have carbon monoxide alarm and detection 49
97		-	systems compliant with Section 915 of the North Carolina Building Code. 50 General Assembly Of North Carolina Session 2025
98		-	House Bill 309-First Edition Page 3
99		-	(5) A family child care home shall have smoke alarms compliant with Section 1
100		-	R907 of the North Carolina Building Code. 2
101		-	SECTION 2.(d) Additional Building Code Council Rulemaking Authority. – The 3
102		-	Building Code Council shall adopt rules to amend the North Carolina State Building Code 4
103		-	volumes specified within G.S. 143-138(a)(1) through (9) to create a family child care home 5
104		-	occupancy classification within a dwelling subject to the North Carolina Building Code 6
105		-	consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rules 7
106		-	adopted by the Building Code Council pursuant to this subsection shall be substantively identical 8
107		-	to the provisions of subsection (c) of this section. Rules adopted pursuant to this subsection are 9
108		-	not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted 10
109		-	pursuant to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 11
110		-	10 or more written objections had been received as provided in G.S. 150B-21.3(b2). 12
111		-	SECTION 2.(e) Additional Residential Code Council Rulemaking Authority. – The 13
112		-	Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 14
113		-	make conforming changes consistent with rules adopted by the Building Code Council as 15
114		-	required by subsection (d) of this section. Rules adopted pursuant to this subsection are not 16
115		-	subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant 17
116		-	to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or 18
117		-	more written objections had been received as provided in G.S. 150B-21.3(b2). 19
118		-	SECTION 2.(f) Sunset. – This section expires when permanent rules adopted as 20
119		-	required by subsections (d) and (e) of this section become effective. 21
120		-	SECTION 3.(a) Definitions. – For the purposes of this section, the following 22
121		-	definitions apply: 23
122		-	(1) Code. – The North Carolina State Building Code, and amendments to the 24
123		-	Code, as adopted by the Councils. 25
124		-	(2) Councils. – The Residential Code Council and the Building Code Council. 26
125		-	(3) Family child care home. – As described in G.S. 110-86(3)b. 27
126		-	SECTION 3.(b) Family Child Care Home. – Until the effective date of the rules to 28
127		-	create a family child care home occupancy classification within a dwelling subject to the State 29
128		-	of North Carolina Regulations for Manufactured Homes, the Office of the State Fire Marshal, 30
129		-	the Councils, and State and local governments enforcing the Code shall adhere to family child 31
130		-	care home requirements as provided in subsection (c) of this section. 32
131		-	SECTION 3.(c) Implementation. – Notwithstanding Section 310, Residential Group 33
132		-	R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 34
133		-	Carolina Fire Code, a family child care home located within a dwelling subject to the State of 35
134		-	North Carolina Regulations for Manufactured Homes shall be treated as a Residential Group R-3 36
135		-	occupancy. The dwelling where the family child care home is located shall be permitted to 37
136		-	comply with the North Carolina Regulations for Manufactured Homes, provided that a family 38
137		-	child care home must meet only the following additional requirements: 39
138		-	(1) Rooms and areas within a family child care home where occupants receive 40
139		-	care shall be on the same level of exit discharge. 41
140		-	(2) Rooms and areas within a family child care home where occupants receive 42
141		-	care shall be located on the same level with, and within a maximum of 40 feet 43
142		-	travel distance to, at least one 2A:10B:C fire extinguisher. 44
143		-	(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 45
144		-	and Lockdown Plan compliant with Section 404 of the North Carolina Fire 46
145		-	Code. 47
146		-	(4) A family child care home shall have carbon monoxide alarm and detection 48
147		-	systems compliant with Section R315 of the North Carolina Residential Code. 49
148		-	(5) A family child care home shall have smoke alarms compliant with Section 50
149		-	R314 of the North Carolina Residential Code. 51 General Assembly Of North Carolina Session 2025
150		-	Page 4 House Bill 309-First Edition
151		-	SECTION 3.(d) Additional Building Code Council Rulemaking Authority. – The 1
	45	+	systems compliant with Section R315 of the North Carolina Residential Code. 33
	46	+	(5) A family child care home shall have smoke alarms compliant with Section 34
	47	+	R314 of the North Carolina Residential Code. 35
	48	+	H.B. 309
	49	+	Mar 5, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH10107-BG-3A
	52	+	SECTION 1.(d) Additional Residential Code Council Rulemaking Authority. – The 1
	53	+	Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 2
	54	+	create a family child care home occupancy classification within a dwelling subject to the North 3
	55	+	Carolina Residential Code consistent with subsection (c) of this section. Notwithstanding 4
	56	+	G.S. 150B-19(4), the rules adopted by the Residential Code Council pursuant to this subsection 5
	57	+	shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 6
	58	+	pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General 7
	59	+	Statutes. Rules adopted pursuant to this subsection shall become effective as provided in 8
	60	+	G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 9
	61	+	G.S. 150B-21.3(b2). 10
	62	+	SECTION 1.(e) Additional Building Code Council Rulemaking Authority. – The 11
	63	+	Building Code Council shall adopt rules to amend the North Carolina State Building Code 12
	64	+	volumes specified within G.S. 143-138(a)(1) through (9) to make conforming changes consistent 13
	65	+	with rules adopted by the Residential Code Council as required by subsection (d) of this section. 14
	66	+	Rules adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B 15
	67	+	of the General Statutes. Rules adopted pursuant to this subsection shall become effective as 16
	68	+	provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received as 17
	69	+	provided in G.S. 150B-21.3(b2). 18
	70	+	SECTION 1.(f) Sunset. – This section expires when permanent rules adopted as 19
	71	+	required by subsections (d) and (e) of this section become effective. 20
	72	+	SECTION 2.(a) Definitions. – For the purposes of this section, the following 21
	73	+	definitions apply: 22
	74	+	(1) Code. – The North Carolina State Building Code, and amendments to the 23
	75	+	Code, as adopted by the Councils. 24
	76	+	(2) Councils. – The Residential Code Council and the Building Code Council. 25
	77	+	(3) Family child care home. – As described in G.S. 110-86(3)b. 26
	78	+	SECTION 2.(b) Family Child Care Home. – Until the effective date of the rules to 27
	79	+	create a family child care home occupancy classification within a dwelling subject to the North 28
	80	+	Carolina Building Code, the Office of the State Fire Marshal, the Councils, and State and local 29
	81	+	governments enforcing the Code shall adhere to family child care home requirements as provided 30
	82	+	in subsection (c) of this section. 31
	83	+	SECTION 2.(c) Implementation. – Notwithstanding Section 310, Residential Group 32
	84	+	R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 33
	85	+	Carolina Fire Code, a family child care home located within a dwelling subject to the North 34
	86	+	Carolina Building Code shall be treated as a Residential Group R-3 occupancy. The dwelling 35
	87	+	where the family child care home is located shall be permitted to comply with the North Carolina 36
	88	+	Building Code, provided that a family child care home must meet only the following additional 37
	89	+	requirements: 38
	90	+	(1) Rooms and areas within a family child care home where occupants receive 39
	91	+	care shall be on the same level of exit discharge. 40
	92	+	(2) Rooms and areas within a family child care home where occupants receive 41
	93	+	care shall be located on the same level with, and within a maximum of 40 feet 42
	94	+	travel distance to, at least one 2A:10B:C fire extinguisher. 43
	95	+	(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 44
	96	+	and Lockdown Plan compliant with Section 404 of the North Carolina Fire 45
	97	+	Code. 46
	98	+	(4) A family child care home shall have carbon monoxide alarm and detection 47
	99	+	systems compliant with Section 915 of the North Carolina Building Code. 48
	100	+	(5) A family child care home shall have smoke alarms compliant with Section 49
	101	+	R907 of the North Carolina Building Code. 50 General Assembly Of North Carolina Session 2025
	102	+	DRH10107-BG-3A Page 3
	103	+	SECTION 2.(d) Additional Building Code Council Rulemaking Authority. – The 1
152	104		Building Code Council shall adopt rules to amend the North Carolina State Building Code 2
153	105		volumes specified within G.S. 143-138(a)(1) through (9) to create a family child care home 3
154		-	occupancy classification within a dwelling subject to the State of North Carolina Regulations for 4
155		-	Manufactured Homes consistent with subsection (c) of this section. Notwithstanding 5
156		-	G.S. 150B-19(4), the rules adopted by the Building Code Council pursuant to this subsection 6
157		-	shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 7
158		-	pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General 8
159		-	Statutes. Rules adopted pursuant to this subsection shall become effective as provided in 9
160		-	G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 10
161		-	G.S. 150B-21.3(b2). 11
162		-	SECTION 3.(e) Additional Residential Code Council Rulemaking Authority. – The 12
163		-	Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 13
164		-	make conforming changes consistent with rules adopted by the Building Code Council as 14
165		-	required by subsection (d) of this section. Rules adopted pursuant to this subsection are not 15
166		-	subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant 16
167		-	to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or 17
168		-	more written objections had been received as provided in G.S. 150B-21.3(b2). 18
169		-	SECTION 3.(f) Sunset. – This section expires when permanent rules adopted as 19
170		-	required by subsections (d) and (e) of this section become effective. 20
171		-	SECTION 4.(a) G.S. 110-86 reads as rewritten: 21
172		-	"§ 110-86. Definitions. 22
173		-	Unless the context or subject matter otherwise requires, the terms or phrases used in this 23
174		-	Article shall be defined as follows: 24
175		-	… 25
176		-	(3) Child care facility. – Includes child care centers, family child care homes, and 26
177		-	any other child care arrangement not excluded by G.S. 110-86(2), that 27
178		-	provides child care, regardless of the time of day, wherever operated, and 28
179		-	whether or not operated for profit. 29
180		-	a. A child care center is an arrangement where, at any one time, there are 30
181		-	three or more preschool-age children or nine or more school-age 31
182		-	children receiving child care. 32
183		-	b. A family child care home is a child care arrangement located in a 33
184		-	residence an operator occupied private dwelling where, at any one 34
185		-	time, more than two children, but less than 11 children, receive child 35
186		-	care, provided the arrangement is in accordance with G.S. 110-91(7)b. 36
187		-	…." 37
188		-	SECTION 4.(b) G.S. 110-91 reads as rewritten: 38
189		-	"§ 110-91. Mandatory standards for a license. 39
190		-	All child care facilities shall comply with all State laws and federal laws and local ordinances 40
191		-	that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 41
192		-	standards in this section shall be complied with by all child care facilities. However, none of the 42
193		-	standards in this section apply to the school-age children of the operator of a child care facility 43
194		-	but do apply to the preschool-age children of the operator. Children 13 years of age or older may 44
195		-	receive child care on a voluntary basis provided all applicable required standards are met. The 45
196		-	standards in this section, along with any other applicable State laws and federal laws or local 46
197		-	ordinances, shall be the required standards for the issuance of a license by the Secretary under 47
198		-	the policies and procedures of the Commission except that the Commission may, in its discretion, 48
199		-	adopt less stringent standards for the licensing of facilities which provide care on a temporary, 49
200		-	part-time, drop-in, seasonal, after-school or other than a full-time basis. 50
201		-	… 51 General Assembly Of North Carolina Session 2025
202		-	House Bill 309-First Edition Page 5
203		-	(4) Building. – Each child care facility shall be located in a building which meets 1
204		-	the appropriate requirements of the North Carolina State Building Code under 2
205		-	standards which shall be developed by the Building Code Council, Code, 3
206		-	subject to adoption by the Commission specifically for child care facilities, 4
207		-	including facilities operated in a private residence. as family child care homes. 5
208		-	These standards shall be consistent with the provisions of this Article. A local 6
209		-	building code enforcement officer shall approve any proposed alternate 7
210		-	material, design, or method of construction, provided the building code 8
211		-	enforcement officer finds that the alternate, for the purpose intended, is at least 9
212		-	the equivalent of that prescribed in the technical building codes in quality, 10
213		-	strength, effectiveness, fire resistance, durability, or safety. A local building 11
214		-	code enforcement officer shall require that sufficient evidence or proof be 12
215		-	submitted to substantiate any claim made regarding the alternate. The Child 13
216		-	Care Commission may request changes to the North Carolina State Building 14
217		-	Code to suit the special needs of preschool children. Satisfactorily written 15
218		-	reports from representatives of building inspection agencies shall be required 16
219		-	prior to the issuance of a license and whenever renovations are made to a child 17
220		-	care center, or when the operator requests licensure of space not previously 18
221		-	approved for child care. 19
222		-	(5) Fire Prevention. – Each child care facility shall be located in a building that 20
223		-	meets appropriate requirements for fire prevention and safe evacuation that 21
224		-	apply to child care facilities as established by the Department of Insurance 22
225		-	Office of the State Fire Marshal in consultation with the Department. Except 23
226		-	for child care centers located on State property, each child care center shall be 24
227		-	inspected at least annually by a local fire department or volunteer fire 25
228		-	department for compliance with these requirements. Child care centers located 26
229		-	on State property shall be inspected at least annually by an official designated 27
230		-	by the Department of Insurance.Office of the State Fire Marshal. 28
231		-	…." 29
232		-	SECTION 5. This act is effective when it becomes law. 30
	106	+	occupancy classification within a dwelling subject to the North Carolina Building Code 4
	107	+	consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rules 5
	108	+	adopted by the Building Code Council pursuant to this subsection shall be substantively identical 6
	109	+	to the provisions of subsection (c) of this section. Rules adopted pursuant to this subsection are 7
	110	+	not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted 8
	111	+	pursuant to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 9
	112	+	10 or more written objections had been received as provided in G.S. 150B-21.3(b2). 10
	113	+	SECTION 2.(e) Additional Residential Code Council Rulemaking Authority. – The 11
	114	+	Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 12
	115	+	make conforming changes consistent with rules adopted by the Building Code Council as 13
	116	+	required by subsection (d) of this section. Rules adopted pursuant to this subsection are not 14
	117	+	subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant 15
	118	+	to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or 16
	119	+	more written objections had been received as provided in G.S. 150B-21.3(b2). 17
	120	+	SECTION 2.(f) Sunset. – This section expires when permanent rules adopted as 18
	121	+	required by subsections (d) and (e) of this section become effective. 19
	122	+	SECTION 3.(a) Definitions. – For the purposes of this section, the following 20
	123	+	definitions apply: 21
	124	+	(1) Code. – The North Carolina State Building Code, and amendments to the 22
	125	+	Code, as adopted by the Councils. 23
	126	+	(2) Councils. – The Residential Code Council and the Building Code Council. 24
	127	+	(3) Family child care home. – As described in G.S. 110-86(3)b. 25
	128	+	SECTION 3.(b) Family Child Care Home. – Until the effective date of the rules to 26
	129	+	create a family child care home occupancy classification within a dwelling subject to the State 27
	130	+	of North Carolina Regulations for Manufactured Homes, the Office of the State Fire Marshal, 28
	131	+	the Councils, and State and local governments enforcing the Code shall adhere to family child 29
	132	+	care home requirements as provided in subsection (c) of this section. 30
	133	+	SECTION 3.(c) Implementation. – Notwithstanding Section 310, Residential Group 31
	134	+	R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 32
	135	+	Carolina Fire Code, a family child care home located within a dwelling subject to the State of 33
	136	+	North Carolina Regulations for Manufactured Homes shall be treated as a Residential Group R-3 34
	137	+	occupancy. The dwelling where the family child care home is located shall be permitted to 35
	138	+	comply with the North Carolina Regulations for Manufactured Homes, provided that a family 36
	139	+	child care home must meet only the following additional requirements: 37
	140	+	(1) Rooms and areas within a family child care home where occupants receive 38
	141	+	care shall be on the same level of exit discharge. 39
	142	+	(2) Rooms and areas within a family child care home where occupants receive 40
	143	+	care shall be located on the same level with, and within a maximum of 40 feet 41
	144	+	travel distance to, at least one 2A:10B:C fire extinguisher. 42
	145	+	(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 43
	146	+	and Lockdown Plan compliant with Section 404 of the North Carolina Fire 44
	147	+	Code. 45
	148	+	(4) A family child care home shall have carbon monoxide alarm and detection 46
	149	+	systems compliant with Section R315 of the North Carolina Residential Code. 47
	150	+	(5) A family child care home shall have smoke alarms compliant with Section 48
	151	+	R314 of the North Carolina Residential Code. 49
	152	+	SECTION 3.(d) Additional Building Code Council Rulemaking Authority. – The 50
	153	+	Building Code Council shall adopt rules to amend the North Carolina State Building Code 51 General Assembly Of North Carolina Session 2025
	154	+	Page 4 DRH10107-BG-3A
	155	+	volumes specified within G.S. 143-138(a)(1) through (9) to create a family child care home 1
	156	+	occupancy classification within a dwelling subject to the State of North Carolina Regulations for 2
	157	+	Manufactured Homes consistent with subsection (c) of this section. Notwithstanding 3
	158	+	G.S. 150B-19(4), the rules adopted by the Building Code Council pursuant to this subsection 4
	159	+	shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 5
	160	+	pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General 6
	161	+	Statutes. Rules adopted pursuant to this subsection shall become effective as provided in 7
	162	+	G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 8
	163	+	G.S. 150B-21.3(b2). 9
	164	+	SECTION 3.(e) Additional Residential Code Council Rulemaking Authority. – The 10
	165	+	Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 11
	166	+	make conforming changes consistent with rules adopted by the Building Code Council as 12
	167	+	required by subsection (d) of this section. Rules adopted pursuant to this subsection are not 13
	168	+	subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant 14
	169	+	to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or 15
	170	+	more written objections had been received as provided in G.S. 150B-21.3(b2). 16
	171	+	SECTION 3.(f) Sunset. – This section expires when permanent rules adopted as 17
	172	+	required by subsections (d) and (e) of this section become effective. 18
	173	+	SECTION 4.(a) G.S. 110-86 reads as rewritten: 19
	174	+	"§ 110-86. Definitions. 20
	175	+	Unless the context or subject matter otherwise requires, the terms or phrases used in this 21
	176	+	Article shall be defined as follows: 22
	177	+	… 23
	178	+	(3) Child care facility. – Includes child care centers, family child care homes, and 24
	179	+	any other child care arrangement not excluded by G.S. 110-86(2), that 25
	180	+	provides child care, regardless of the time of day, wherever operated, and 26
	181	+	whether or not operated for profit. 27
	182	+	a. A child care center is an arrangement where, at any one time, there are 28
	183	+	three or more preschool-age children or nine or more school-age 29
	184	+	children receiving child care. 30
	185	+	b. A family child care home is a child care arrangement located in a 31
	186	+	residence an operator occupied private dwelling where, at any one 32
	187	+	time, more than two children, but less than 11 children, receive child 33
	188	+	care, provided the arrangement is in accordance with G.S. 110-91(7)b. 34
	189	+	…." 35
	190	+	SECTION 4.(b) G.S. 110-91 reads as rewritten: 36
	191	+	"§ 110-91. Mandatory standards for a license. 37
	192	+	All child care facilities shall comply with all State laws and federal laws and local ordinances 38
	193	+	that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 39
	194	+	standards in this section shall be complied with by all child care facilities. However, none of the 40
	195	+	standards in this section apply to the school-age children of the operator of a child care facility 41
	196	+	but do apply to the preschool-age children of the operator. Children 13 years of age or older may 42
	197	+	receive child care on a voluntary basis provided all applicable required standards are met. The 43
	198	+	standards in this section, along with any other applicable State laws and federal laws or local 44
	199	+	ordinances, shall be the required standards for the issuance of a license by the Secretary under 45
	200	+	the policies and procedures of the Commission except that the Commission may, in its discretion, 46
	201	+	adopt less stringent standards for the licensing of facilities which provide care on a temporary, 47
	202	+	part-time, drop-in, seasonal, after-school or other than a full-time basis. 48
	203	+	… 49
	204	+	(4) Building. – Each child care facility shall be located in a building which meets 50
	205	+	the appropriate requirements of the North Carolina State Building Code under 51 General Assembly Of North Carolina Session 2025
	206	+	DRH10107-BG-3A Page 5
	207	+	standards which shall be developed by the Building Code Council, Code, 1
	208	+	subject to adoption by the Commission specifically for child care facilities, 2
	209	+	including facilities operated in a private residence. as family child care homes. 3
	210	+	These standards shall be consistent with the provisions of this Article. A local 4
	211	+	building code enforcement officer shall approve any proposed alternate 5
	212	+	material, design, or method of construction, provided the building code 6
	213	+	enforcement officer finds that the alternate, for the purpose intended, is at least 7
	214	+	the equivalent of that prescribed in the technical building codes in quality, 8
	215	+	strength, effectiveness, fire resistance, durability, or safety. A local building 9
	216	+	code enforcement officer shall require that sufficient evidence or proof be 10
	217	+	submitted to substantiate any claim made regarding the alternate. The Child 11
	218	+	Care Commission may request changes to the North Carolina State Building 12
	219	+	Code to suit the special needs of preschool children. Satisfactorily written 13
	220	+	reports from representatives of building inspection agencies shall be required 14
	221	+	prior to the issuance of a license and whenever renovations are made to a child 15
	222	+	care center, or when the operator requests licensure of space not previously 16
	223	+	approved for child care. 17
	224	+	(5) Fire Prevention. – Each child care facility shall be located in a building that 18
	225	+	meets appropriate requirements for fire prevention and safe evacuation that 19
	226	+	apply to child care facilities as established by the Department of Insurance 20
	227	+	Office of the State Fire Marshal in consultation with the Department. Except 21
	228	+	for child care centers located on State property, each child care center shall be 22
	229	+	inspected at least annually by a local fire department or volunteer fire 23
	230	+	department for compliance with these requirements. Child care centers located 24
	231	+	on State property shall be inspected at least annually by an official designated 25
	232	+	by the Department of Insurance.Office of the State Fire Marshal. 26
	233	+	…." 27
	234	+	SECTION 5. This act is effective when it becomes law. 28