GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 768 Committee Substitute Favorable 4/17/25 Short Title: Clarify Emerg. Comm. Exemptions/Fire Code. (Public) Sponsors: Referred to: April 7, 2025 *H768 -v-2* A BILL TO BE ENTITLED 1 AN ACT TO DIRECT THE NORTH CAROLINA BUILDING CODE COUNCIL TO ADOPT 2 RULES TO AMEND THE S TATE BUILDING CODE A ND STATE FIRE CODE TO 3 CLARIFY EXEMPTIONS F ROM IN-BUILDING EMER GENCY RESPONDER 4 COMMUNICATION COVERA GE REQUIREMENTS. 5 The General Assembly of North Carolina enacts: 6 SECTION 1.(a) Definitions. – For purposes of this section, the following are 7 defined: 8 (1) Code. – The North Carolina State Building Code collection, including the 9 North Carolina Fire Code, and amendments thereto, as adopted by the 10 Council. 11 (2) Council. – The North Carolina Building Code Council. 12 (3) Emergency responder communication coverage requirements. – The 13 requirements for in-building emergency responder communications coverage 14 systems specified under Section 510 of the North Carolina Fire Code. 15 SECTION 1.(b) Exemptions Established. – Notwithstanding the emergency 16 responder communication coverage requirements of the Code, the following buildings and 17 structures, whether existing, newly constructed, or altered after the effective date of this act, are 18 exempt from those requirements: 19 (1) Apartment buildings not exceeding 75 feet in height, constructed using wood 20 framing, provided the building has fewer than 150 dwelling units, and all 21 dwelling units discharge directly to the exterior or to an interior corridor 22 providing required egress that leads directly to an exterior exit. 23 (2) Apartment buildings and transient public lodging establishments, including 24 hotels and motels, not exceeding two stories above grade plane and that 25 provide direct exterior egress from each dwelling unit or guest room. 26 (3) Buildings or structures subject to the North Carolina Residential Code. 27 (4) Buildings with a total gross floor area of less than 12,000 square feet and 28 containing no story below grade plane or basement areas. 29 SECTION 1.(c) Treatment of Existing Systems in Exempted Buildings. – 30 Notwithstanding Section 901.6 of the North Carolina Fire Code or any other provision of the 31 Code that might require the removal of nonrequired, obsolete, or abandoned systems, an 32 emergency responder communication coverage system installed prior to the effective date of this 33 act in a building or structure that meets the exemption criteria established in subsection (b) of 34 this section shall not be required to be removed. Such systems may be deactivated. 35 General Assembly Of North Carolina Session 2025 Page 2 House Bill 768-Second Edition SECTION 1.(d) Rulemaking Required. – The Council shall adopt rules to amend 1 the Code, specifically Section 510 of the North Carolina Fire Code and any related sections 2 addressing emergency responder communication coverage, to incorporate the exemptions listed 3 in subsection (b) of this section and the provisions regarding existing systems in subsection (c) 4 of this section. Notwithstanding G.S. 150B-19(4), the rules adopted by the Council pursuant to 5 this section shall be substantively identical to the provisions of subsections (b) and (c) of this 6 section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 7 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as 8 provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received as 9 provided in G.S. 150B-21.3(b2). 10 SECTION 1.(e) Interim Application of Exemptions. – Until the effective date of the 11 permanent rules that the Council is required to adopt pursuant to subsection (d) of this section, 12 the Council and local governments enforcing the Code shall not enforce the emergency responder 13 communication coverage requirements against buildings and structures that meet the exemption 14 criteria established in subsection (b) of this section and shall apply the provisions regarding 15 existing systems established in subsection (c) of this section. 16 SECTION 1.(f) Sunset. – This section expires when permanent rules adopted as 17 required by subsection (d) of this section become effective. 18 SECTION 2. Effective Date. – This act is effective when it becomes law. 19