GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 309
Short Title: Bldg. Code Fam. Child Care Home Class. (Public)
Sponsors: Representatives Arp, Lambeth, Paré, and Rhyne (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 1, if favorable, Housing and Development, if favorable, Rules, Calendar,
and Operations of the House
March 6, 2025
*H309 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO DIRECT THE RESIDENTIAL CODE CO UNCIL AND BUILDING C ODE 2
COUNCIL TO CREATE A FAMILY CHILD CARE HO ME OCCUPANCY 3
CLASSIFICATION WITHIN THE NORTH CAROLINA STATE BUILDING CODE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) Definitions. – For the purposes of this section, the following 6
definitions apply: 7
(1) Code. – The North Carolina State Building Code, and amendments to the 8
Code, as adopted by the Councils. 9
(2) Councils. – The Residential Code Council and the Building Code Council. 10
(3) Family child care home. – As described in G.S. 110-86(3)b. 11
SECTION 1.(b) Family Child Care Home. – Until the effective date of the rules to 12
create a family child care home occupancy classification within a dwelling subject to the North 13
Carolina Residential Code, the Office of the State Fire Marshal, the Councils, and State and local 14
governments enforcing the Code shall adhere to family child care home requirements as provided 15
in subsection (c) of this section. 16
SECTION 1.(c) Implementation. – Notwithstanding Section 310, Residential Group 17
R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 18
Carolina Fire Code, a family child care home located within a dwelling subject to the North 19
Carolina Residential Code shall be treated as a Residential Group R-3 occupancy. The building 20
where the family child care home is located shall be permitted to comply with the North Carolina 21
Residential Code, provided that a family child care home must meet only the following additional 22
requirements: 23
(1) Rooms and areas within a family child care home where occupants receive 24
care shall be on the same level of exit discharge. 25
(2) Rooms and areas within a family child care home where occupants receive 26
care shall be located on the same level with, and within a maximum of 40 feet 27
travel distance to, at least one 2A:10B:C fire extinguisher. 28
(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 29
and Lockdown Plan compliant with Section 404 of the North Carolina Fire 30
Code. 31
(4) A family child care home shall have carbon monoxide alarm and detection 32
systems compliant with Section R315 of the North Carolina Residential Code. 33 General Assembly Of North Carolina Session 2025
Page 2 House Bill 309-First Edition
(5) A family child care home shall have smoke alarms compliant with Section 1
R314 of the North Carolina Residential Code. 2
SECTION 1.(d) Additional Residential Code Council Rulemaking Authority. – The 3
Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 4
create a family child care home occupancy classification within a dwelling subject to the North 5
Carolina Residential Code consistent with subsection (c) of this section. Notwithstanding 6
G.S. 150B-19(4), the rules adopted by the Residential Code Council pursuant to this subsection 7
shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 8
pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General 9
Statutes. Rules adopted pursuant to this subsection shall become effective as provided in 10
G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 11
G.S. 150B-21.3(b2). 12
SECTION 1.(e) Additional Building Code Council Rulemaking Authority. – The 13
Building Code Council shall adopt rules to amend the North Carolina State Building Code 14
volumes specified within G.S. 143-138(a)(1) through (9) to make conforming changes consistent 15
with rules adopted by the Residential Code Council as required by subsection (d) of this section. 16
Rules adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B 17
of the General Statutes. Rules adopted pursuant to this subsection shall become effective as 18
provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received as 19
provided in G.S. 150B-21.3(b2). 20
SECTION 1.(f) Sunset. – This section expires when permanent rules adopted as 21
required by subsections (d) and (e) of this section become effective. 22
SECTION 2.(a) Definitions. – For the purposes of this section, the following 23
definitions apply: 24
(1) Code. – The North Carolina State Building Code, and amendments to the 25
Code, as adopted by the Councils. 26
(2) Councils. – The Residential Code Council and the Building Code Council. 27
(3) Family child care home. – As described in G.S. 110-86(3)b. 28
SECTION 2.(b) Family Child Care Home. – Until the effective date of the rules to 29
create a family child care home occupancy classification within a dwelling subject to the North 30
Carolina Building Code, the Office of the State Fire Marshal, the Councils, and State and local 31
governments enforcing the Code shall adhere to family child care home requirements as provided 32
in subsection (c) of this section. 33
SECTION 2.(c) Implementation. – Notwithstanding Section 310, Residential Group 34
R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 35
Carolina Fire Code, a family child care home located within a dwelling subject to the North 36
Carolina Building Code shall be treated as a Residential Group R-3 occupancy. The dwelling 37
where the family child care home is located shall be permitted to comply with the North Carolina 38
Building Code, provided that a family child care home must meet only the following additional 39
requirements: 40
(1) Rooms and areas within a family child care home where occupants receive 41
care shall be on the same level of exit discharge. 42
(2) Rooms and areas within a family child care home where occupants receive 43
care shall be located on the same level with, and within a maximum of 40 feet 44
travel distance to, at least one 2A:10B:C fire extinguisher. 45
(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 46
and Lockdown Plan compliant with Section 404 of the North Carolina Fire 47
Code. 48
(4) A family child care home shall have carbon monoxide alarm and detection 49
systems compliant with Section 915 of the North Carolina Building Code. 50 General Assembly Of North Carolina Session 2025
House Bill 309-First Edition Page 3
(5) A family child care home shall have smoke alarms compliant with Section 1
R907 of the North Carolina Building Code. 2
SECTION 2.(d) Additional Building Code Council Rulemaking Authority. – The 3
Building Code Council shall adopt rules to amend the North Carolina State Building Code 4
volumes specified within G.S. 143-138(a)(1) through (9) to create a family child care home 5
occupancy classification within a dwelling subject to the North Carolina Building Code 6
consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rules 7
adopted by the Building Code Council pursuant to this subsection shall be substantively identical 8
to the provisions of subsection (c) of this section. Rules adopted pursuant to this subsection are 9
not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted 10
pursuant to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 11
10 or more written objections had been received as provided in G.S. 150B-21.3(b2). 12
SECTION 2.(e) Additional Residential Code Council Rulemaking Authority. – The 13
Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 14
make conforming changes consistent with rules adopted by the Building Code Council as 15
required by subsection (d) of this section. Rules adopted pursuant to this subsection are not 16
subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant 17
to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or 18
more written objections had been received as provided in G.S. 150B-21.3(b2). 19
SECTION 2.(f) Sunset. – This section expires when permanent rules adopted as 20
required by subsections (d) and (e) of this section become effective. 21
SECTION 3.(a) Definitions. – For the purposes of this section, the following 22
definitions apply: 23
(1) Code. – The North Carolina State Building Code, and amendments to the 24
Code, as adopted by the Councils. 25
(2) Councils. – The Residential Code Council and the Building Code Council. 26
(3) Family child care home. – As described in G.S. 110-86(3)b. 27
SECTION 3.(b) Family Child Care Home. – Until the effective date of the rules to 28
create a family child care home occupancy classification within a dwelling subject to the State 29
of North Carolina Regulations for Manufactured Homes, the Office of the State Fire Marshal, 30
the Councils, and State and local governments enforcing the Code shall adhere to family child 31
care home requirements as provided in subsection (c) of this section. 32
SECTION 3.(c) Implementation. – Notwithstanding Section 310, Residential Group 33
R, of the North Carolina Building Code, and Section 203.10, Residential Group R, of the North 34
Carolina Fire Code, a family child care home located within a dwelling subject to the State of 35
North Carolina Regulations for Manufactured Homes shall be treated as a Residential Group R-3 36
occupancy. The dwelling where the family child care home is located shall be permitted to 37
comply with the North Carolina Regulations for Manufactured Homes, provided that a family 38
child care home must meet only the following additional requirements: 39
(1) Rooms and areas within a family child care home where occupants receive 40
care shall be on the same level of exit discharge. 41
(2) Rooms and areas within a family child care home where occupants receive 42
care shall be located on the same level with, and within a maximum of 40 feet 43
travel distance to, at least one 2A:10B:C fire extinguisher. 44
(3) A family child care home shall have and maintain a Fire Safety, Evacuation, 45
and Lockdown Plan compliant with Section 404 of the North Carolina Fire 46
Code. 47
(4) A family child care home shall have carbon monoxide alarm and detection 48
systems compliant with Section R315 of the North Carolina Residential Code. 49
(5) A family child care home shall have smoke alarms compliant with Section 50
R314 of the North Carolina Residential Code. 51 General Assembly Of North Carolina Session 2025
Page 4 House Bill 309-First Edition
SECTION 3.(d) Additional Building Code Council Rulemaking Authority. – The 1
Building Code Council shall adopt rules to amend the North Carolina State Building Code 2
volumes specified within G.S. 143-138(a)(1) through (9) to create a family child care home 3
occupancy classification within a dwelling subject to the State of North Carolina Regulations for 4
Manufactured Homes consistent with subsection (c) of this section. Notwithstanding 5
G.S. 150B-19(4), the rules adopted by the Building Code Council pursuant to this subsection 6
shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 7
pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General 8
Statutes. Rules adopted pursuant to this subsection shall become effective as provided in 9
G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 10
G.S. 150B-21.3(b2). 11
SECTION 3.(e) Additional Residential Code Council Rulemaking Authority. – The 12
Residential Code Council shall adopt rules to amend the North Carolina Residential Code to 13
make conforming changes consistent with rules adopted by the Building Code Council as 14
required by subsection (d) of this section. Rules adopted pursuant to this subsection are not 15
subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant 16
to this subsection shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or 17
more written objections had been received as provided in G.S. 150B-21.3(b2). 18
SECTION 3.(f) Sunset. – This section expires when permanent rules adopted as 19
required by subsections (d) and (e) of this section become effective. 20
SECTION 4.(a) G.S. 110-86 reads as rewritten: 21
"§ 110-86. Definitions. 22
Unless the context or subject matter otherwise requires, the terms or phrases used in this 23
Article shall be defined as follows: 24
… 25
(3) Child care facility. – Includes child care centers, family child care homes, and 26
any other child care arrangement not excluded by G.S. 110-86(2), that 27
provides child care, regardless of the time of day, wherever operated, and 28
whether or not operated for profit. 29
a. A child care center is an arrangement where, at any one time, there are 30
three or more preschool-age children or nine or more school-age 31
children receiving child care. 32
b. A family child care home is a child care arrangement located in a 33
residence an operator occupied private dwelling where, at any one 34
time, more than two children, but less than 11 children, receive child 35
care, provided the arrangement is in accordance with G.S. 110-91(7)b. 36
…." 37
SECTION 4.(b) G.S. 110-91 reads as rewritten: 38
"§ 110-91. Mandatory standards for a license. 39
All child care facilities shall comply with all State laws and federal laws and local ordinances 40
that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 41
standards in this section shall be complied with by all child care facilities. However, none of the 42
standards in this section apply to the school-age children of the operator of a child care facility 43
but do apply to the preschool-age children of the operator. Children 13 years of age or older may 44
receive child care on a voluntary basis provided all applicable required standards are met. The 45
standards in this section, along with any other applicable State laws and federal laws or local 46
ordinances, shall be the required standards for the issuance of a license by the Secretary under 47
the policies and procedures of the Commission except that the Commission may, in its discretion, 48
adopt less stringent standards for the licensing of facilities which provide care on a temporary, 49
part-time, drop-in, seasonal, after-school or other than a full-time basis. 50
… 51 General Assembly Of North Carolina Session 2025
House Bill 309-First Edition Page 5
(4) Building. – Each child care facility shall be located in a building which meets 1
the appropriate requirements of the North Carolina State Building Code under 2
standards which shall be developed by the Building Code Council, Code, 3
subject to adoption by the Commission specifically for child care facilities, 4
including facilities operated in a private residence. as family child care homes. 5
These standards shall be consistent with the provisions of this Article. A local 6
building code enforcement officer shall approve any proposed alternate 7
material, design, or method of construction, provided the building code 8
enforcement officer finds that the alternate, for the purpose intended, is at least 9
the equivalent of that prescribed in the technical building codes in quality, 10
strength, effectiveness, fire resistance, durability, or safety. A local building 11
code enforcement officer shall require that sufficient evidence or proof be 12
submitted to substantiate any claim made regarding the alternate. The Child 13
Care Commission may request changes to the North Carolina State Building 14
Code to suit the special needs of preschool children. Satisfactorily written 15
reports from representatives of building inspection agencies shall be required 16
prior to the issuance of a license and whenever renovations are made to a child 17
care center, or when the operator requests licensure of space not previously 18
approved for child care. 19
(5) Fire Prevention. – Each child care facility shall be located in a building that 20
meets appropriate requirements for fire prevention and safe evacuation that 21
apply to child care facilities as established by the Department of Insurance 22
Office of the State Fire Marshal in consultation with the Department. Except 23
for child care centers located on State property, each child care center shall be 24
inspected at least annually by a local fire department or volunteer fire 25
department for compliance with these requirements. Child care centers located 26
on State property shall be inspected at least annually by an official designated 27
by the Department of Insurance.Office of the State Fire Marshal. 28
…." 29
SECTION 5. This act is effective when it becomes law. 30