12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT MANDATING ALL OTHER PERIL INSURANCE COVERAGE FOR CERTAIN 2 |
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14 | 15 | | ENTITIES, AUTHORIZING THE OFFICE OF THE STATE FIRE MARSHAL TO 3 |
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15 | 16 | | CONTRACT FOR SERVICES FOR ITS RISK MANAGEMENT DIVISION, 4 |
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16 | 17 | | MANDATING PARTICIPATION OF PUBLIC EDUCATION BOARDS IN THE STATE 5 |
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17 | 18 | | PUBLIC EDUCATION PROPERTY INSURANCE FUND, AUTHORIZING THE OFFICE 6 |
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18 | 19 | | OF THE STATE FIRE MARSHAL TO CHARGE AND WAIVE REGISTRATION FEES 7 |
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19 | 20 | | FOR ADVANCED FIRE AND RESCUE COURSES, PROVIDING STATE FUNDS FOR 8 |
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20 | 21 | | THE WAIVER OF REGISTRATION FEES FOR COURSES OFFERED BY THE OFFICE 9 |
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21 | 22 | | OF THE STATE FIRE MARSHAL, AUTHORIZING THE STATE FIRE AND RESCUE 10 |
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22 | 23 | | COMMISSION TO CONDUCT ADMINISTRATIVE HEARINGS, CLARIFYING THE 11 |
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23 | 24 | | POWERS OF THE NORTH CAROLINA HOME INSPECTOR LICENSURE BOARD, 12 |
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24 | 25 | | EXTENDING EXEMPTION FROM DEPARTMENT OF ADMINISTRATION OF 13 |
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25 | 26 | | PASSENGER MOTOR VEHICLES TO THE OFFICE OF THE STATE FIRE MARSHAL, 14 |
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26 | 27 | | EXEMPTING MANUFACTURED HOME MANUFACTURERS AND DEALERS FROM 15 |
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27 | 28 | | SHOWROOM REQUIREMENTS, MODERNIZING TERMINOLOGY FOR THE CODE 16 |
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28 | 29 | | OFFICIALS QUALIFICATION BOARD, ESTABLISHING FEES AND PROCEDURES 17 |
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29 | 30 | | FOR CODE OFFICIALS QUALIFICATION BOARD APPROVAL OF TRAINING 18 |
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30 | 31 | | COURSES, AUTHORIZING THE CREATION OF A VOLUNTARY APPRENTICESHIP 19 |
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31 | 32 | | PROGRAM FOR CODE ENFORCEMENT OFFICIALS, CLARIFYING ELECTRICAL 20 |
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32 | 33 | | CODE REQUIREMENTS FOR ENERGIZING BUILDINGS, ENHANCING THE 21 |
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33 | 34 | | AUTHORITY OF THE STATE FIRE MARSHAL OVER LOCAL INSPECTIONS AND 22 |
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34 | 35 | | EMERGENCY ELECTRICAL INSPECTIONS, REQUIRING REFUNDS AND 23 |
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35 | 36 | | REMITTANCE OF BUILDING INSPECTION FEES WHEN INSPECTIONS ARE 24 |
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36 | 37 | | PERFORMED BY STATE AND OTHER OFFICIALS, AND ESTABLISHING RECORDS 25 |
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37 | 38 | | AND REPORTING REQUIREMENTS FOR LOCAL INSPECTION DEPARTMENTS, AS 26 |
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38 | 39 | | RECOMMENDED BY THE OFFICE OF THE STATE FIRE MARSHAL. 27 |
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39 | 40 | | The General Assembly of North Carolina enacts: 28 |
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40 | 41 | | 29 |
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41 | 42 | | PART I. MANDATE ALL OTHER PERIL COVERAGE FOR PARTICIPANTS IN THE 30 |
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42 | 43 | | STATE PUBLIC EDUCATION PROPERTY INSURANCE FUND AND STATE 31 |
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43 | 44 | | PROPERTY FIRE INSURANCE FUND 32 |
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44 | 45 | | SECTION 1.(a) G.S. 58-31A-10 reads as rewritten: 33 |
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45 | 46 | | "§ 58-31A-10. Flood insurance.insurance; all other peril insurance. 34 |
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46 | 47 | | (a) Premiums for flood insurance coverage for public education buildings shall be paid 35 |
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49 | 54 | | State Fire Marshal may purchase from insurers admitted to do business in North Carolina such 1 |
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50 | 55 | | insurance or reinsurance as may be necessary to protect the State Public Education Insurance 2 |
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51 | 56 | | Fund against loss with respect to such insurance coverage. 3 |
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52 | 57 | | (b) Every public education board and every charter school approved pursuant to 4 |
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53 | 58 | | G.S. 115C-218.5 that insures public education property titled to that board or charter school 5 |
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54 | 59 | | against the direct loss or damage by insurable hazards in public education buildings and other 6 |
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55 | 60 | | public education properties in the State Public Education Property Insurance Fund shall obtain 7 |
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56 | 61 | | and make payment for the all other perils coverage provided by the Fund." 8 |
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57 | 62 | | SECTION 1.(b) G.S. 58-31-10 reads as rewritten: 9 |
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58 | 63 | | "§ 58-31-10. Payment of losses on basis of actual cost of restoration or replacement; rules; 10 |
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59 | 64 | | insurance and reinsurance; sprinkler leakage insurance.insurance; all other 11 |
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60 | 65 | | peril insurance. 12 |
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61 | 66 | | … 13 |
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62 | 67 | | (d) Every State department, institution, or agency that insures State property against the 14 |
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63 | 68 | | direct loss or damage by insurable hazards in the State Property Fire Insurance Fund shall obtain 15 |
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64 | 69 | | and make payment for the all other perils coverage provided by the Fund." 16 |
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65 | 70 | | SECTION 1.(c) This section becomes effective July 1, 2025. 17 |
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66 | 71 | | 18 |
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67 | 72 | | PART II. AUTHORIZE THE OFFICE OF THE STATE FIRE MARSHAL TO 19 |
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68 | 73 | | CONTRACT FOR SPECIALIZED OR TECHNICAL SERVICES ESSENTIAL TO THE 20 |
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69 | 74 | | OPERATION OF THE RISK MANAGEMENT DIVISION 21 |
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70 | 75 | | SECTION 2.(a) G.S. 58-31A-15 reads as rewritten: 22 |
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71 | 76 | | "§ 58-31A-15. Authority and rules for organization of system. 23 |
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72 | 77 | | (a) The State Fire Marshal is hereby authorized, directed, and empowered to establish a 24 |
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73 | 78 | | division to manage and operate a system of insurance for public education property. The State 25 |
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74 | 79 | | Fire Marshal shall adopt such rules and regulations as may be necessary to provide all details 26 |
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75 | 80 | | inherent in the insurance of public education property. The State Fire Marshal shall employ any 27 |
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76 | 81 | | staff necessary, which in his or her opinion is necessary to insure and protect effectively public 28 |
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77 | 82 | | education property, and he or she shall fix their compensation consistent with the policies of the 29 |
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78 | 83 | | State Human Resources Commission. 30 |
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79 | 84 | | (b) The State Fire Marshal shall, through the State's agent of record, contract for any 31 |
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80 | 85 | | specialized or technical services necessitating expertise not otherwise available within the Office 32 |
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81 | 86 | | of the State Fire Marshal that are determined by the State Fire Marshal to be essential to efficient 33 |
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82 | 87 | | operations. Contracts authorized pursuant to this subsection are not subject to Article 3C of 34 |
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83 | 88 | | Chapter 143 of the General Statutes." 35 |
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84 | 89 | | SECTION 2.(b) This section becomes effective July 1, 2025. 36 |
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85 | 90 | | 37 |
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86 | 91 | | PART III. MANDATE PARTICIPATION IN THE STATE PUBLIC EDUCATION 38 |
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87 | 92 | | PROPERTY INSURANCE FUND UNLESS COVERAGE WAIVER PROVIDED 39 |
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88 | 93 | | SECTION 3.(a) G.S. 58-31A-25 reads as rewritten: 40 |
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89 | 94 | | "§ 58-31A-25. Insurance Mandatory insurance of property by public education boards; 41 |
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90 | 95 | | notice of election to insure and information to be furnished; outstanding 42 |
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91 | 96 | | policies.boards. 43 |
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92 | 97 | | (a) Mandatory Insurance in the Fund. – All public education boards may shall insure all 44 |
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93 | 98 | | public education property titled to that board against the direct loss or damage by insurable 45 |
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94 | 99 | | hazards in public education buildings and other public education properties in the Fund. Any 46 |
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95 | 100 | | property covered by an insurance policy in effect on the date when the property of a public 47 |
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96 | 101 | | education board is insured in the Fund shall be insured by the Fund as of the expiration of the 48 |
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97 | 102 | | policy. Each public education board shall give notice of its election to insure in the Fund at least 49 |
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98 | 103 | | 90 days prior to such insurance becoming effective and shall furnish to the State Fire Marshal a 50 |
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99 | 104 | | full and complete list of all outstanding property insurance policies, giving in complete detail the 51 General Assembly Of North Carolina Session 2025 |
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101 | 106 | | name of the insurers, the amount of the insurance and expirations thereof. While the said 1 |
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102 | 107 | | insurance policies remain in effect, the Fund shall act as coinsurer of the properties covered by 2 |
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103 | 108 | | such insurance to the same extent and in the same manner as is provided for coinsurance under 3 |
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104 | 109 | | the provisions of the standard form of property insurance as provided by law, and in the event of 4 |
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105 | 110 | | loss shall have the same rights and duties as required by participating insurance companies.Fund, 5 |
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106 | 111 | | unless a waiver has been approved for that public education board. 6 |
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107 | 112 | | (b) Waiver. – A public education board may request a waiver under this section. The 7 |
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108 | 113 | | Office of the State Fire Marshal shall review and approve a waiver submitted pursuant to this 8 |
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109 | 114 | | subsection only if the public education board has procured sufficient minimum coverage of 9 |
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110 | 115 | | relevant perils." 10 |
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111 | 116 | | SECTION 3.(b) If any property titled to a public education board is covered by an 11 |
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112 | 117 | | insurance policy in effect on July 1, 2025, then the Fund shall act as a coinsurer of the properties 12 |
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113 | 118 | | covered by that insurance until the expiration of that policy. 13 |
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114 | 119 | | SECTION 3.(c) This section becomes effective July 1, 2025. 14 |
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115 | 120 | | 15 |
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116 | 121 | | PART IV. NORTH CAROLINA EMERGENCY TRAINING CENTER STATE 16 |
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117 | 122 | | REGISTRATION FEE WAIVER 17 |
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118 | 123 | | SECTION 4.(a) Article 78A of Chapter 58 of the General Statutes is amended by 18 |
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119 | 124 | | adding a new section to read: 19 |
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120 | 125 | | "§ 58-78A-18. Emergency Training Center tuition waivers. 20 |
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121 | 126 | | (a) Registration Fees. – The Office of the State Fire Marshal shall charge State 21 |
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122 | 127 | | registration fees for advanced fire and rescue courses delivered by the Office of the State Fire 22 |
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123 | 128 | | Marshal at the North Carolina Emergency Training Center. The State registration fee charged 23 |
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124 | 129 | | shall equal the tuition amount set pursuant to G.S. 115D-39 for equivalent community college 24 |
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125 | 130 | | courses. 25 |
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126 | 131 | | (b) Allowed Tuition Waivers. – The Office of the State Fire Marshal may waive State 26 |
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127 | 132 | | registration fees for advanced fire and rescue courses delivered by the Office of the State Fire 27 |
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128 | 133 | | Marshal at the North Carolina Emergency Training Center for all of the following individuals, 28 |
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129 | 134 | | entities, and members of those entities: 29 |
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130 | 135 | | (1) Volunteer fire departments located within North Carolina. 30 |
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131 | 136 | | (2) Municipal, county, or State fire departments located within North Carolina. 31 |
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132 | 137 | | (3) Emergency medical services or rescue and lifesaving departments located 32 |
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133 | 138 | | within North Carolina. 33 |
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134 | 139 | | (4) Fire, emergency medical services, or rescue and lifesaving entities serving a 34 |
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135 | 140 | | lake authority that was created by a North Carolina county board of 35 |
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136 | 141 | | commissioners prior to July 1, 2012. 36 |
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137 | 142 | | (5) The Eastern Band of Cherokee Indians fire, emergency medical services, or 37 |
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138 | 143 | | rescue and lifesaving tribal government departments or programs. 38 |
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139 | 144 | | (6) Firefighters, emergency medical services personnel, law enforcement 39 |
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140 | 145 | | personnel, and rescue and lifesaving personnel whose duty station is located 40 |
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141 | 146 | | on a military installation within North Carolina. 41 |
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142 | 147 | | (7) Law enforcement personnel employed by departments located within North 42 |
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143 | 148 | | Carolina. 43 |
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144 | 149 | | (8) High school students at schools located within North Carolina. 44 |
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145 | 150 | | (c) Fees. – The Office of the State Fire Marshal may charge additional fees to cover the 45 |
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146 | 151 | | costs of textbooks, supplies, and other expenses incurred in the delivery of courses or the 46 |
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147 | 152 | | operation of the North Carolina Emergency Training Center. 47 |
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148 | 153 | | (d) Annual Report. – Annually by February 1 of each year, the Office of the State Fire 48 |
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149 | 154 | | Marshal shall report to the Joint Legislative Education Oversight Committee and the Joint 49 |
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150 | 155 | | Legislative Oversight Committee on General Government on the number and type of waivers 50 |
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151 | 156 | | granted pursuant to subsection (b) of this section." 51 General Assembly Of North Carolina Session 2025 |
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153 | 158 | | SECTION 4.(b) Funds shall be provided to the Office of the State Fire Marshal 1 |
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154 | 159 | | (OSFM) based on the number of full-time equivalent (FTE) students enrolled in advanced fire 2 |
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155 | 160 | | and rescue courses delivered by OSFM at the North Carolina Emergency Training Center for 3 |
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156 | 161 | | whom State registration fees are waived in accordance with G.S. 58-78A-18(b). OSFM shall 4 |
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157 | 162 | | calculate FTE enrollment in the same manner as community colleges. Funds provided pursuant 5 |
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158 | 163 | | to this subsection shall be: (i) based on the equivalent tier-value for community college 6 |
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159 | 164 | | instruction and (ii) in the same manner as funds are provided to community colleges based on 7 |
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160 | 165 | | the number of FTE students enrolled in courses for which tuition and registration fees are waived 8 |
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161 | 166 | | in accordance with G.S. 115D-5(b). OSFM shall not be considered a community college, as that 9 |
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162 | 167 | | term is defined in G.S. 115D-2(2), or subject to the requirements imposed on community colleges 10 |
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163 | 168 | | by Chapter 115D of the General Statutes. 11 |
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164 | 169 | | SECTION 4.(c) This section becomes effective July 1, 2025. 12 |
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165 | 170 | | 13 |
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166 | 171 | | PART V. CLARIFY POWERS AND DUTIES OF STATE FIRE AND RESCUE 14 |
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167 | 172 | | COMMISSION 15 |
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168 | 173 | | SECTION 5.(a) G.S. 58-78-5 reads as rewritten: 16 |
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169 | 174 | | "§ 58-78-5. State Fire and Rescue Commission – Powers and duties. 17 |
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170 | 175 | | (a) The Commission shall have the following powers and duties: 18 |
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171 | 176 | | … 19 |
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172 | 177 | | (18) To conduct administrative hearings in accordance with Article 3A of Chapter 20 |
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173 | 178 | | 150B of the General Statutes. 21 |
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174 | 179 | | …." 22 |
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175 | 180 | | SECTION 5.(b) G.S. 150B-38(a) reads as rewritten: 23 |
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176 | 181 | | "§ 150B-38. Scope; hearing required; notice; venue. 24 |
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177 | 182 | | (a) The provisions of this Article shall apply to: 25 |
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178 | 183 | | … 26 |
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179 | 184 | | (5b) The State Fire and Rescue Commission. 27 |
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180 | 185 | | …." 28 |
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181 | 186 | | SECTION 5.(c) This section becomes effective October 1, 2025, and applies to 29 |
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182 | 187 | | administrative hearings commenced on or after that date. 30 |
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183 | 188 | | 31 |
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184 | 189 | | PART VI. CLARIFY POWERS OF THE NORTH CAROLINA HOME INSPECTOR 32 |
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185 | 190 | | LICENSURE BOARD REGARDING LICENS ING EDUCATION AND EXAMINATION 33 |
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186 | 191 | | FEES 34 |
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187 | 192 | | SECTION 6.(a) G.S. 143-151.49 reads as rewritten: 35 |
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188 | 193 | | "§ 143-151.49. Powers and responsibilities of Board. 36 |
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189 | 194 | | … 37 |
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190 | 195 | | (b) Education Requirements. – The education program adopted by the Board may not 38 |
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191 | 196 | | consist of more than 200 hours of instruction. The instruction may include field training, 39 |
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192 | 197 | | classroom instruction, distance learning, peer review, and any other educational format approved 40 |
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193 | 198 | | by the Board. The Board may adopt rules regarding course content, instructor qualifications, 41 |
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194 | 199 | | approved course offerings, and other criteria for compliance with the education program." 42 |
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195 | 200 | | SECTION 6.(b) G.S. 143-151.57 reads as rewritten: 43 |
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196 | 201 | | "§ 143-151.57. Fees. 44 |
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197 | 202 | | (a) Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in 45 |
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198 | 203 | | the following table for administering this Article: 46 |
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199 | 204 | | Item Maximum Fee 47 |
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200 | 205 | | Application for home inspector license $35.00 48 |
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201 | 206 | | Home inspector examinationexamination, in person 80.00 49 |
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202 | 207 | | Home inspector examination, online 200.00 50 |
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203 | 208 | | Issuance or renewal of home inspector license 160.00 51 General Assembly Of North Carolina Session 2025 |
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205 | 210 | | Late renewal of home inspector license 30.00 1 |
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206 | 211 | | Application for course approval 150.00 2 |
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207 | 212 | | Renewal of course approval 75.00 3 |
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208 | 213 | | Course fee, per credit hour per licensee 5.00 4 |
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209 | 214 | | Credit for unapproved continuing education course 50.00 5 |
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210 | 215 | | Copies of Board rules or licensure standards Cost of printing 6 |
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211 | 216 | | and mailing. 7 |
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212 | 217 | | …." 8 |
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213 | 218 | | SECTION 6.(c) This section becomes effective October 1, 2025. 9 |
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214 | 219 | | 10 |
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215 | 220 | | PART VII. EXEMPT MANUFACTURED HOME MANUFACTURERS AND DEALERS 11 |
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216 | 221 | | FROM SALESROOM REQUIREMENTS 12 |
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217 | 222 | | SECTION 7. G.S. 20-288 reads as rewritten: 13 |
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218 | 223 | | "§ 20-288. Application for license; license requirements; expiration of license; bond. 14 |
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219 | 224 | | … 15 |
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220 | 225 | | (d) To obtain a license as a wholesaler, an applicant who intends to sell or distribute 16 |
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221 | 226 | | self-propelled vehicles must have an established office in this State, and an applicant who intends 17 |
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222 | 227 | | to sell or distribute only trailers or semitrailers of more than 2,500 pounds unloaded weight must 18 |
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223 | 228 | | have a place of business in this State where the records required under this Article are kept. 19 |
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224 | 229 | | To obtain a license as a motor vehicle dealer, an applicant who intends to deal in 20 |
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225 | 230 | | self-propelled vehicles must have an established salesroom in this State, and an applicant who 21 |
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226 | 231 | | intends to deal in only trailers or semitrailers of more than 2,500 pounds unloaded weight must 22 |
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227 | 232 | | have a place of business in this State where the records required under this Article are kept. 23 |
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228 | 233 | | An applicant for a license as a manufacturer, a factory branch, a distributor, a distributor 24 |
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229 | 234 | | branch, a wholesaler, or a motor vehicle dealer must have a separate license for each established 25 |
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230 | 235 | | office, established salesroom, or other place of business in this State. An application for any of 26 |
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231 | 236 | | these licenses shall include a list of the applicant's places of business in this State. 27 |
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232 | 237 | | This subsection does not apply to manufactured home dealers, as defined by 28 |
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233 | 238 | | G.S. 143-143.9(7), or manufactured home manufacturers, as defined by G.S. 143-143.9(8). 29 |
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234 | 239 | | …." 30 |
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235 | 240 | | 31 |
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236 | 241 | | PART VIII. MODERNIZE CODE OFFICIALS QUALIFICATION BOARD 32 |
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237 | 242 | | STATUTORY LANGUAGE, ESTABLISH FEES AND PROCEDURES FOR BOARD 33 |
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238 | 243 | | APPROVAL OF CODE ENFORCEMENT OFFICIAL TRAINING COURSES, AND 34 |
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239 | 244 | | AUTHORIZE THE CREATION OF A VOLUNTARY APPRENTICESHIP PROGRAM 35 |
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240 | 245 | | FOR CODE ENFORCEMENT OFFICIALS 36 |
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241 | 246 | | SECTION 8.(a) G.S. 143-151.8 reads as rewritten: 37 |
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242 | 247 | | "§ 143-151.8. Definitions. 38 |
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243 | 248 | | (a) The following definitions apply in this Article: 39 |
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244 | 249 | | … 40 |
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245 | 250 | | (5) Qualified Code-enforcement Code official. – A person qualified under this 41 |
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246 | 251 | | Article to engage in the practice of Code enforcement.compliance inspections 42 |
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247 | 252 | | or review. 43 |
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248 | 253 | | …." 44 |
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249 | 254 | | SECTION 8.(b) G.S. 143-151.11 reads as rewritten: 45 |
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250 | 255 | | "§ 143-151.11. Chairman; vice-chairman; other officers; meetings; reports. 46 |
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251 | 256 | | … 47 |
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252 | 257 | | (d) The activities and recommendations of the Board with respect to standards for Code 48 |
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253 | 258 | | officials training and certification licensing shall be set forth in regular and special reports made 49 |
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254 | 259 | | by the Board. Additionally, the Board shall present special reports and recommendations to the 50 General Assembly Of North Carolina Session 2025 |
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256 | 261 | | Governor or the General Assembly, or both, as the need may arise or as the Governor or the 1 |
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257 | 262 | | General Assembly may request." 2 |
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258 | 263 | | SECTION 8.(c) G.S. 143-151.12 reads as rewritten: 3 |
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259 | 264 | | "§ 143-151.12. Powers. 4 |
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260 | 265 | | In addition to powers conferred upon the Board elsewhere in this Article, the Board has the 5 |
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261 | 266 | | power to do the following: 6 |
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262 | 267 | | (1) Adopt rules necessary to administer this Article. 7 |
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263 | 268 | | (1a) Require State agencies, local inspection departments, and local governing 8 |
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264 | 269 | | bodies to submit reports and information about the employment, education, 9 |
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265 | 270 | | and training of Code-enforcement Code officials. 10 |
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266 | 271 | | (2) Establish minimum standards for employment as a Code-enforcement Code 11 |
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267 | 272 | | official: (i) in probationary or temporary status, and (ii) in permanent 12 |
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268 | 273 | | positions. 13 |
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269 | 274 | | (3) Certify License persons as being qualified to practice Code compliance 14 |
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270 | 275 | | inspections or review under the provisions of this Article to be 15 |
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271 | 276 | | Code-enforcement as Code officials, including persons employed by a 16 |
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272 | 277 | | federally recognized Indian Tribe to perform inspections on tribal lands. 17 |
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273 | 278 | | (3a) Certify persons as being qualified under the provisions of this Article to be 18 |
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274 | 279 | | North Carolina State Building Code Permit Technicians. 19 |
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275 | 280 | | (4) Consult and cooperate with counties, municipalities, agencies of this State, 20 |
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276 | 281 | | other governmental agencies, and with universities, colleges, junior colleges, 21 |
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277 | 282 | | community colleges and other institutions concerning the development of 22 |
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278 | 283 | | Code-enforcement Code compliance inspections or review training schools 23 |
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279 | 284 | | and programs or courses of instruction. 24 |
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280 | 285 | | (5) Establish minimum standards and levels of education or equivalent experience 25 |
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281 | 286 | | for all Code-enforcement Code compliance inspections or review instructors, 26 |
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282 | 287 | | teachers or professors. 27 |
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283 | 288 | | (6) Conduct and encourage research by public and private agencies that shall be 28 |
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284 | 289 | | designed to improve education and training in the administration of Code 29 |
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285 | 290 | | enforcement.Code compliance inspections or review. 30 |
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286 | 291 | | (7) Adopt and amend bylaws, consistent with law, for its internal management 31 |
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287 | 292 | | and control; appoint advisory committees as necessary; and enter into 32 |
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288 | 293 | | contracts and do other things as necessary and incidental to the exercise of its 33 |
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289 | 294 | | authority pursuant to this Article. 34 |
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290 | 295 | | (8) Make recommendations concerning any matters within its purview pursuant 35 |
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291 | 296 | | to this Article. 36 |
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292 | 297 | | (9) Establish within the Office of the State Fire Marshal a marketplace pool of 37 |
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293 | 298 | | qualified Code-enforcement Code officials available for the following 38 |
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294 | 299 | | purposes: 39 |
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295 | 300 | | a. When requested by the State Fire Marshal, to assist in the discharge of 40 |
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296 | 301 | | the State Fire Marshal's duty under G.S. 143-139 to supervise, 41 |
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297 | 302 | | administer, and enforce the North Carolina State Building Code. The 42 |
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298 | 303 | | State Fire Marshal shall have the power and authority to fix and collect 43 |
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299 | 304 | | reasonable fees for services performed by Code-enforcement Code 44 |
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300 | 305 | | officials under this sub-subdivision. The State Fire Marshal may also 45 |
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301 | 306 | | collect reimbursement, at the rate established under G.S. 138-6, for 46 |
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302 | 307 | | mileage costs incurred by Code-enforcement Code officials going to 47 |
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303 | 308 | | and from inspections conducted under this sub-subdivision. The State 48 |
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304 | 309 | | Fire Marshal shall have no power or authority to fix or collect fees 49 |
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305 | 310 | | incurred by local inspection departments under sub-subdivision b. of 50 |
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306 | 311 | | this subdivision. 51 General Assembly Of North Carolina Session 2025 |
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308 | 313 | | b. When requested by local inspection departments, to assist in Code 1 |
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309 | 314 | | enforcement.compliance inspections or review." 2 |
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310 | 315 | | SECTION 8.(d) G.S. 143-151.13 reads as rewritten: 3 |
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311 | 316 | | "§ 143-151.13. Required standards and certificates licenses for Code-enforcement Code 4 |
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312 | 317 | | officials. 5 |
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313 | 318 | | (a) No person shall engage in Code enforcement compliance inspections or review under 6 |
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314 | 319 | | this Article unless that person possesses one of the following types of certificates, licenses, 7 |
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315 | 320 | | currently valid, issued by the Board attesting to that person's qualifications to engage in Code 8 |
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316 | 321 | | enforcement: compliance inspections or review: (i) a standard certificate; license; (ii) a limited 9 |
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317 | 322 | | certificate license provided for in subsection (c) of this section; or (iii) a probationary certificate 10 |
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318 | 323 | | license provided for in subsection (d) of this section. To obtain a standard certificate, license, a 11 |
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319 | 324 | | person must pass an examination, as prescribed by the Board or by a contracting party under 12 |
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320 | 325 | | G.S. 143-151.16(d), that is based on the North Carolina State Building Code and administrative 13 |
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321 | 326 | | procedures required for Code enforcement. compliance inspections or review. The Board may 14 |
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322 | 327 | | issue a standard certificate of qualification license to each person who successfully completes the 15 |
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323 | 328 | | examination. The certificate license authorizes that person to engage in Code enforcement 16 |
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324 | 329 | | compliance inspections or review and to practice as a qualified Code-enforcement Code official 17 |
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325 | 330 | | in North Carolina. The certificate of qualification license shall bear the signatures of the chairman 18 |
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326 | 331 | | and secretary of the Board. 19 |
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327 | 332 | | (b) The Board shall issue one or more standard certificates licenses to each 20 |
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328 | 333 | | Code-enforcement Code official demonstrating the qualifications set forth in subsection (b1) of 21 |
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329 | 334 | | this section. Standard certificates licenses are available for each of the following types of 22 |
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330 | 335 | | qualified Code-enforcement Code officials: 23 |
---|
331 | 336 | | (1) Building inspector. 24 |
---|
332 | 337 | | (2) Electrical inspector. 25 |
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333 | 338 | | (3) Mechanical inspector. 26 |
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334 | 339 | | (4) Plumbing inspector. 27 |
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335 | 340 | | (5) Fire inspector. 28 |
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336 | 341 | | (6) Residential changeout inspector. 29 |
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337 | 342 | | (b1) The holder of a standard certificate license may practice Code enforcement 30 |
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338 | 343 | | compliance inspections or review only within the inspection area and level described upon the 31 |
---|
339 | 344 | | certificate license issued by the Board. A Code-enforcement Code official may qualify and hold 32 |
---|
340 | 345 | | one or more certificates. licenses. These certificates licenses may be for different levels in 33 |
---|
341 | 346 | | different types of positions as defined in this section and in rules adopted by the Board. 34 |
---|
342 | 347 | | (b2) A Code-enforcement Code official holding a certificate license indicating a specified 35 |
---|
343 | 348 | | level of proficiency in a particular type of position may hold a position calling for that type of 36 |
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344 | 349 | | qualification anywhere in the State. With respect to all types of Code-enforcement Code officials, 37 |
---|
345 | 350 | | those with Level I, Level II, or Level III certificates licenses shall be qualified to inspect and 38 |
---|
346 | 351 | | approve only those types and sizes of buildings as specified in rules adopted by the Board. 39 |
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347 | 352 | | (c) A Code-enforcement Code official holding office as of the date specified in this 40 |
---|
348 | 353 | | subsection for the county or municipality by which he is employed, shall not be required to 41 |
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349 | 354 | | possess a standard certificate license as a condition of tenure or continued employment but shall 42 |
---|
350 | 355 | | be required to complete such in-service training as may be prescribed by the Board. At the earliest 43 |
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351 | 356 | | practicable date, such official shall receive from the Board a limited certificate license qualifying 44 |
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352 | 357 | | him to engage in Code enforcement compliance inspections or review at the level, in the 45 |
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353 | 358 | | particular type of position, and within the governmental jurisdiction in which he is employed. 46 |
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354 | 359 | | The limited certificate license shall be valid only as an authorization for the official to continue 47 |
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355 | 360 | | in the position he held on the applicable date and shall become invalid if he does not complete 48 |
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356 | 361 | | in-service training within two years following the applicable date in the schedule below, 49 |
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357 | 362 | | according to the governmental jurisdiction's population as published in the 1970 U.S. Census: 50 |
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358 | 363 | | Counties and Municipalities over 75,000 population – July 1, 1979 51 General Assembly Of North Carolina Session 2025 |
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360 | 365 | | Counties and Municipalities between 50,001 and 75,000 – July 1, 1981 1 |
---|
361 | 366 | | Counties and Municipalities between 25,001 and 50,000 – July 1, 1983 2 |
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362 | 367 | | Counties and Municipalities 25,000 and under – July 1, 1985 3 |
---|
363 | 368 | | All fire prevention inspectors holding office – July 1, 1989. Fire prevention inspectors have 4 |
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364 | 369 | | until July 1, 1993, to complete in-service training. 5 |
---|
365 | 370 | | An official holding a limited certificate license can be promoted to a position requiring a 6 |
---|
366 | 371 | | higher level certificate license only upon issuance by the Board of a standard certificate license 7 |
---|
367 | 372 | | or probationary certificate license appropriate for such new position. 8 |
---|
368 | 373 | | (d) The Board may provide for the issuance of probationary or temporary certificates 9 |
---|
369 | 374 | | licenses valid for such period (not less than one year nor more than three years) as specified by 10 |
---|
370 | 375 | | the Board's rules, or until June 30, 1983, whichever is later, to any Code-enforcement Code 11 |
---|
371 | 376 | | official newly employed or newly promoted who lacks the qualifications prescribed by the Board 12 |
---|
372 | 377 | | as prerequisite to applying for a standard certificate license under subsection (a). No official may 13 |
---|
373 | 378 | | have a probationary or temporary certificate license extended beyond the specified period by 14 |
---|
374 | 379 | | renewal or otherwise. The Board may provide for appropriate levels of probationary or temporary 15 |
---|
375 | 380 | | certificates licenses and may issue these certificates licenses with such special conditions or 16 |
---|
376 | 381 | | requirements relating to the place of employment of the person holding the certificate, license, 17 |
---|
377 | 382 | | his supervision on a consulting or advisory basis, or other matters as the Board may deem 18 |
---|
378 | 383 | | necessary to protect the public safety and health. 19 |
---|
379 | 384 | | (e) The Board shall, without requiring an examination, issue a standard certificate license 20 |
---|
380 | 385 | | to any person who is currently certified as a county electrical inspector pursuant to 21 |
---|
381 | 386 | | G.S. 160D-1102. The certificate license issued by the Board shall authorize the person to serve 22 |
---|
382 | 387 | | at the electrical inspector level approved by the State Fire Marshal in G.S. 160D-1102. 23 |
---|
383 | 388 | | (f) The Board shall issue a standard certificate license to any person who passes the 24 |
---|
384 | 389 | | examination required under subsection (a) of this section and is currently licensed to practice as 25 |
---|
385 | 390 | | a(n):any of the following: 26 |
---|
386 | 391 | | (1) Architect, registered licensed pursuant to Chapter 83A;83A of the General 27 |
---|
387 | 392 | | Statutes. 28 |
---|
388 | 393 | | (2) General contractor, licensed pursuant to Article 1 of Chapter 87;87 of the 29 |
---|
389 | 394 | | General Statutes. 30 |
---|
390 | 395 | | (3) Plumbing or heating contractor, licensed pursuant to Article 2 of Chapter 31 |
---|
391 | 396 | | 87;87 of the General Statutes. 32 |
---|
392 | 397 | | (4) Electrical contractor, licensed pursuant to Article 4 of Chapter 87; or,87 of the 33 |
---|
393 | 398 | | General Statutes. 34 |
---|
394 | 399 | | (5) Professional engineer, registered licensed pursuant to Chapter 89C;89C of the 35 |
---|
395 | 400 | | General Statutes. 36 |
---|
396 | 401 | | provided the person successfully completes a short course, as prescribed by the Board, relating 37 |
---|
397 | 402 | | to the State Building Code regulations and Code-enforcement administration. The standard 38 |
---|
398 | 403 | | certificate license shall authorize the person to practice as a qualified Code-enforcement Code 39 |
---|
399 | 404 | | official in a particular type of position at the level determined by the Board, based on the type of 40 |
---|
400 | 405 | | license or registration held in any profession specified above. 41 |
---|
401 | 406 | | (g) A licensed architect or licensed professional engineer who possesses a valid 42 |
---|
402 | 407 | | certificate license under subsection (f) of this section, but is not employed by the State or a local 43 |
---|
403 | 408 | | government, may utilize that certificate license for the limited purpose of performing independent 44 |
---|
404 | 409 | | third-party plan review under subsections (d) and (e) of G.S. 160D-1110.1. 45 |
---|
405 | 410 | | (h) Notwithstanding any other subsection of this section, the Board, in conjunction with 46 |
---|
406 | 411 | | the Office of the State Fire Marshal, may establish a voluntary apprenticeship program for any 47 |
---|
407 | 412 | | license issued under this section. The program shall consist of coursework and supervised work 48 |
---|
408 | 413 | | under a certified Code official in the relevant discipline. A trainee must pass a standard 49 |
---|
409 | 414 | | examination prior to issuance of any license. The Board may charge a fee for participation in the 50 |
---|
410 | 415 | | program. The fee shall not exceed the cost of the program." 51 General Assembly Of North Carolina Session 2025 |
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412 | 417 | | SECTION 8.(e) G.S. 143-151.13A reads as rewritten: 1 |
---|
413 | 418 | | "§ 143-151.13A. Professional development program for officials.officials; course sponsor 2 |
---|
414 | 419 | | fees. 3 |
---|
415 | 420 | | (a) As used in this section, "official" means a qualified Code-enforcement Code official 4 |
---|
416 | 421 | | as that term is defined in G.S. 143-151.8. 5 |
---|
417 | 422 | | (b) The Board may establish professional development requirements for officials as a 6 |
---|
418 | 423 | | condition of the renewal or reactivation of their certificates. licenses. The purposes of these 7 |
---|
419 | 424 | | professional development requirements are to assist officials in maintaining professional 8 |
---|
420 | 425 | | competence in their enforcement of the Code and to assure the health, safety, and welfare of the 9 |
---|
421 | 426 | | citizens of North Carolina. An official subject to this section shall present evidence to the Board 10 |
---|
422 | 427 | | at each certificate license renewal after initial certification, licensure that during the 12 months 11 |
---|
423 | 428 | | before the certificate license expiration date, the official has completed the required number of 12 |
---|
424 | 429 | | credit hours in courses approved by the Board. Annual continuing education hour requirements 13 |
---|
425 | 430 | | shall be determined by the Board but shall not be more than six credit hours. 14 |
---|
426 | 431 | | (c) The Board may require an individual who earns a certificate license under programs 15 |
---|
427 | 432 | | established in G.S. 143-151.13 to complete professional development courses, not to exceed six 16 |
---|
428 | 433 | | hours in each technical area of certification, licensure within one year after that individual is first 17 |
---|
429 | 434 | | employed by a city or county inspection department. 18 |
---|
430 | 435 | | (d) As a condition of reactivating a standard or limited certificate, license, the Board may 19 |
---|
431 | 436 | | require the completion of professional development courses within one year after reemployment 20 |
---|
432 | 437 | | as an official as follows: 21 |
---|
433 | 438 | | (1) An individual who has been on inactive status for more than two years and 22 |
---|
434 | 439 | | who has not been continuously employed by a city or county inspection 23 |
---|
435 | 440 | | department during the period of inactive status shall complete professional 24 |
---|
436 | 441 | | development courses not to exceed six hours for each technical area in which 25 |
---|
437 | 442 | | the individual is certified.licensed. 26 |
---|
438 | 443 | | (2) An individual who has been on inactive status for more than two years and 27 |
---|
439 | 444 | | who has been continuously employed by a city or county inspection 28 |
---|
440 | 445 | | department during the period of inactive status shall complete professional 29 |
---|
441 | 446 | | development courses not to exceed three hours for each technical area in 30 |
---|
442 | 447 | | which the individual is certified.licensed. 31 |
---|
443 | 448 | | (3) An individual who has been on inactive status for two years or less shall 32 |
---|
444 | 449 | | complete professional development courses not to exceed two hours for each 33 |
---|
445 | 450 | | technical area in which the individual is certified.licensed. 34 |
---|
446 | 451 | | (e) The Board may, for good cause shown, grant extensions of time to officials to comply 35 |
---|
447 | 452 | | with these requirements. An official who, after obtaining an extension under this subsection, 36 |
---|
448 | 453 | | offers evidence satisfactory to the Board that the official has satisfactorily completed the required 37 |
---|
449 | 454 | | professional development courses, is in compliance with this section. 38 |
---|
450 | 455 | | (f) The Board may adopt rules to implement this section, including rules that govern: 39 |
---|
451 | 456 | | (1) The content and subject matter of professional development courses. 40 |
---|
452 | 457 | | (2) The criteria, standards, and procedures for the approval of courses, course 41 |
---|
453 | 458 | | sponsors, and course instructors. 42 |
---|
454 | 459 | | (3) The methods of instruction. 43 |
---|
455 | 460 | | (4) The computation of course credit. 44 |
---|
456 | 461 | | (5) The ability to carry-forward course credit from one year to another. 45 |
---|
457 | 462 | | (6) The waiver of or variance from the professional development required for 46 |
---|
458 | 463 | | hardship or other reasons. 47 |
---|
459 | 464 | | (7) The procedures for compliance and sanctions for noncompliance. 48 |
---|
460 | 465 | | (g) Each course sponsor shall pay the Board a fee of one dollar ($1.00) per approved 49 |
---|
461 | 466 | | credit hour per individual who successfully completes a course under the provisions of this 50 |
---|
462 | 467 | | section. 51 General Assembly Of North Carolina Session 2025 |
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464 | 469 | | (h) At the time a course sponsor submits an application to the Board for approval of a 1 |
---|
465 | 470 | | course under the provisions of this section, the sponsor shall pay to the State Fire Marshal a filing 2 |
---|
466 | 471 | | fee of one hundred dollars ($100.00) per course up to a maximum of two thousand five hundred 3 |
---|
467 | 472 | | dollars ($2,500) per calendar year. 4 |
---|
468 | 473 | | (i) An official who selects a course other than one offered by an approved course sponsor 5 |
---|
469 | 474 | | and who seeks approval of the course pursuant to rules adopted by the Board shall, upon approval 6 |
---|
470 | 475 | | of the course, pay a fee of one dollar ($1.00) per approved credit hour." 7 |
---|
471 | 476 | | SECTION 8.(f) G.S. 143-151.14 reads as rewritten: 8 |
---|
472 | 477 | | "§ 143-151.14. Comity. 9 |
---|
473 | 478 | | (a) The Board may, without requiring an examination, grant a standard certificate license 10 |
---|
474 | 479 | | as a qualified Code-enforcement Code official for a particular type of position and level to any 11 |
---|
475 | 480 | | person who, at the time of application, is certified as a qualified Code-enforcement Code official 12 |
---|
476 | 481 | | in good standing by a similar board of another state, district or territory where standards are 13 |
---|
477 | 482 | | acceptable to the Board and not lower than those required by this Article for a similar type of 14 |
---|
478 | 483 | | position and level in this State. 15 |
---|
479 | 484 | | (b) The Board may, without requiring an examination, grant a standard certificate license 16 |
---|
480 | 485 | | as a qualified Code-enforcement Code official for a particular type of position and level to any 17 |
---|
481 | 486 | | person who, at the time of application, is certified licensed as a qualified Code-enforcement Code 18 |
---|
482 | 487 | | official in good standing by the International Code Council Council, the United States 19 |
---|
483 | 488 | | Department of Defense, or the International Fire Services Accreditation Congress where 20 |
---|
484 | 489 | | standards and examination are acceptable to the Board and not lower than those required by this 21 |
---|
485 | 490 | | Article for a type of position and level in this State. 22 |
---|
486 | 491 | | (c) The certificates licenses granted under subsections (a) and (b) of this section shall 23 |
---|
487 | 492 | | expire after three years unless within that time period the holder completes a short course, as 24 |
---|
488 | 493 | | prescribed by the Board, relating to the State Building Code regulations and Code-enforcement 25 |
---|
489 | 494 | | Code compliance inspection or review administration. 26 |
---|
490 | 495 | | (d) A fee of not more than twenty dollars ($20.00), as determined by the Board, must be 27 |
---|
491 | 496 | | paid by any applicant to the Board for the issuance of a certificate license under this section. The 28 |
---|
492 | 497 | | provisions of G.S. 143-151.16(b) relating to renewal fees and late renewals shall apply to every 29 |
---|
493 | 498 | | person granted a standard certificate license in accordance with this section." 30 |
---|
494 | 499 | | SECTION 8.(g) G.S. 143-151.15 reads as rewritten: 31 |
---|
495 | 500 | | "§ 143-151.15. Return of certificate license to Board; reissuance by Board. 32 |
---|
496 | 501 | | A certificate license issued by the Board under this Article is valid as long as the person 33 |
---|
497 | 502 | | certified licensed is employed by the State of North Carolina or any political subdivision thereof 34 |
---|
498 | 503 | | as a Code-enforcement Code official, or is employed by a federally recognized Indian Tribe to 35 |
---|
499 | 504 | | perform inspections on tribal lands as a Code-enforcement Code official. When the person 36 |
---|
500 | 505 | | certified licensed leaves that employment for any reason, he shall return the certificate license to 37 |
---|
501 | 506 | | the Board. If the person subsequently obtains employment as a Code-enforcement Code official 38 |
---|
502 | 507 | | in any governmental jurisdiction described above, the Board may reissue the certificate license 39 |
---|
503 | 508 | | to him. The provisions of G.S. 143-151.16(b) relating to renewal fees and late renewals shall 40 |
---|
504 | 509 | | apply, if appropriate. The provisions of G.S. 143-151.16(c) shall not apply. This section does not 41 |
---|
505 | 510 | | affect the Board's powers under G.S. 143-151.17." 42 |
---|
506 | 511 | | SECTION 8.(h) G.S. 143-151.16 reads as rewritten: 43 |
---|
507 | 512 | | "§ 143-151.16. Certification License fees; renewal of certificates; licenses; examination fees. 44 |
---|
508 | 513 | | (a) The Board shall establish a schedule of fees to be paid by each applicant for 45 |
---|
509 | 514 | | certification licensure as a qualified Code-enforcement Code official. Such fee shall not exceed 46 |
---|
510 | 515 | | twenty dollars ($20.00) for each applicant.license application. 47 |
---|
511 | 516 | | (b) A certificate, license, other than a probationary certificate, license, as a qualified 48 |
---|
512 | 517 | | Code-enforcement Code official issued pursuant to the provisions of this Article must be renewed 49 |
---|
513 | 518 | | annually on or before the first day of July. June 30. Each application for renewal must be 50 |
---|
514 | 519 | | accompanied by a renewal fee to be determined by the Board, but not to exceed ten dollars 51 General Assembly Of North Carolina Session 2025 |
---|
516 | 521 | | ($10.00). fifty dollars ($50.00). The Board is authorized to charge an extra four dollar ($4.00) 1 |
---|
517 | 522 | | late renewal fee for renewals made after the first day of July June 30 each year. 2 |
---|
518 | 523 | | (c) Any person who fails to renew his certificate license for a period of two consecutive 3 |
---|
519 | 524 | | years may be required by the Board to take and pass the same examination as unlicensed 4 |
---|
520 | 525 | | applicants before allowing such person to renew his certificate.license. 5 |
---|
521 | 526 | | … 6 |
---|
522 | 527 | | (e) The Board shall approve course offerings for all continuing education programs and 7 |
---|
523 | 528 | | may charge a fee of up to one hundred dollars ($100.00) per course for review and approval of 8 |
---|
524 | 529 | | the continuing education program." 9 |
---|
525 | 530 | | SECTION 8.(i) G.S. 143-151.17 reads as rewritten: 10 |
---|
526 | 531 | | "§ 143-151.17. Grounds for disciplinary actions; investigation; administrative procedures. 11 |
---|
527 | 532 | | (a) The Board has the power to suspend, revoke, demote to a lower level, or refuse to 12 |
---|
528 | 533 | | grant a certificate license issued under this Article to any person to whom any of the following 13 |
---|
529 | 534 | | applies: 14 |
---|
530 | 535 | | (1) Has been convicted of a felony against this State or the United States, or 15 |
---|
531 | 536 | | convicted of a felony in another state that would also be a felony if it had been 16 |
---|
532 | 537 | | committed in this State. 17 |
---|
533 | 538 | | (2) Has obtained certification licensure through fraud, deceit, or perjury. 18 |
---|
534 | 539 | | (3) Has knowingly aided or abetted any person practicing contrary to the 19 |
---|
535 | 540 | | provisions of this Article or the State Building Code or any building codes 20 |
---|
536 | 541 | | adopted by a federally recognized Indian Tribe. 21 |
---|
537 | 542 | | (4) Has defrauded the public or attempted to do so. 22 |
---|
538 | 543 | | (5) Has affixed his or her signature to a report of inspection or other instrument 23 |
---|
539 | 544 | | of service if no inspection has been made by him or her or under his or her 24 |
---|
540 | 545 | | immediate and responsible direction. 25 |
---|
541 | 546 | | (6) Has been guilty of willful misconduct, gross negligence, or gross 26 |
---|
542 | 547 | | incompetence. 27 |
---|
543 | 548 | | (b) The Board may investigate the actions of any qualified Code-enforcement Code 28 |
---|
544 | 549 | | official or applicant upon the verified complaint in writing of any person alleging a violation of 29 |
---|
545 | 550 | | subsection (a) of this section. The Board may suspend, revoke, or demote to a lower level any 30 |
---|
546 | 551 | | certificate license of any qualified Code-enforcement Code official and refuse to grant a 31 |
---|
547 | 552 | | certificate license to any applicant, whom it finds to have been guilty of one or more of the actions 32 |
---|
548 | 553 | | set out in subsection (a) of this section as grounds for disciplinary action. 33 |
---|
549 | 554 | | (c) A denial, suspension, revocation, or demotion to a lower level of a certificate license 34 |
---|
550 | 555 | | issued under this Article shall be made in accordance with Chapter 150B of the General Statutes. 35 |
---|
551 | 556 | | (d) The Board may deny an application for a certificate license for any of the grounds 36 |
---|
552 | 557 | | that are described in subsection (a) of this section. Within 30 days after receipt of a notification 37 |
---|
553 | 558 | | that an application for a certificate license has been denied, the applicant may make a written 38 |
---|
554 | 559 | | request for a review by a committee designated by the chairman of the Board to determine the 39 |
---|
555 | 560 | | reasonableness of the Board's action. The review shall be completed without undue delay, and 40 |
---|
556 | 561 | | the applicant shall be notified promptly in writing as to the outcome of the review. Within 30 41 |
---|
557 | 562 | | days after service of the notification as to the outcome, the applicant may make a written request 42 |
---|
558 | 563 | | for a hearing under Article 3A of Chapter 150B of the General Statutes if the applicant disagrees 43 |
---|
559 | 564 | | with the outcome. 44 |
---|
560 | 565 | | (e) This section applies to Code-enforcement Code officials and applicants who are 45 |
---|
561 | 566 | | employed or seek to be employed by a federally recognized Indian Tribe to perform inspections 46 |
---|
562 | 567 | | on tribal lands." 47 |
---|
563 | 568 | | SECTION 8.(j) G.S. 143-151.18 reads as rewritten: 48 |
---|
564 | 569 | | "§ 143-151.18. Violations; penalty; injunction. 49 |
---|
565 | 570 | | On and after July 1, 1979, it shall be unlawful for any person to represent himself as a 50 |
---|
566 | 571 | | qualified Code-enforcement Code official who does not hold a currently valid certificate of 51 General Assembly Of North Carolina Session 2025 |
---|
568 | 573 | | qualification license issued by the Board. Further, it shall be unlawful for any person to practice 1 |
---|
569 | 574 | | Code enforcement compliance inspections or review except as allowed by any currently valid 2 |
---|
570 | 575 | | certificate license issued to that person by the Board. Any person violating any of the provisions 3 |
---|
571 | 576 | | of this Article shall be guilty of a Class 1 misdemeanor. The Board is authorized to apply to any 4 |
---|
572 | 577 | | judge of the superior court for an injunction in order to prevent any violation or threatened 5 |
---|
573 | 578 | | violation of the provisions of this Article." 6 |
---|
574 | 579 | | SECTION 8.(k) G.S. 143-151.19 reads as rewritten: 7 |
---|
575 | 580 | | "§ 143-151.19. Administration. 8 |
---|
576 | 581 | | (a) The Division of Engineering and Building Codes in the Department of Insurance 9 |
---|
577 | 582 | | Office of the State Fire Marshal shall provide clerical and other staff services required by the 10 |
---|
578 | 583 | | Board, and shall administer and enforce all provisions of this Article and all rules promulgated 11 |
---|
579 | 584 | | pursuant to this Article, subject to the direction of the Board, except as delegated by this Article 12 |
---|
580 | 585 | | to local units of government, other State agencies, corporations, or individuals. 13 |
---|
581 | 586 | | (b) The Board shall make copies of this Article and the rules adopted under this Article 14 |
---|
582 | 587 | | available to the public at a price determined by the Board. 15 |
---|
583 | 588 | | (c) The Board shall keep current a record of the names and addresses of all qualified 16 |
---|
584 | 589 | | Code-enforcement Code officials and additional personal data as the Board deems necessary. 17 |
---|
585 | 590 | | The Board annually shall publish a list maintain a directory of all currently certified 18 |
---|
586 | 591 | | Code-enforcement licensed Code officials. 19 |
---|
587 | 592 | | (d) Each certificate license issued by the Board shall contain such identifying information 20 |
---|
588 | 593 | | as the Board requires. 21 |
---|
589 | 594 | | (e) The Board shall issue a duplicate certificate license to practice as a qualified 22 |
---|
590 | 595 | | Code-enforcement Code official in place of one which has been lost, destroyed, or mutilated 23 |
---|
591 | 596 | | upon proper application and payment of a fee to be determined by the Board." 24 |
---|
592 | 597 | | SECTION 8.(l) G.S. 143-151.20 reads as rewritten: 25 |
---|
593 | 598 | | "§ 143-151.20. Donations and appropriations. 26 |
---|
594 | 599 | | … 27 |
---|
595 | 600 | | (b) The Board may provide grants as a reimbursement for actual expenses incurred by 28 |
---|
596 | 601 | | the State or political subdivision thereof for the provisions of training programs of officials from 29 |
---|
597 | 602 | | other jurisdictions within the State. The Board, by rules, shall provide for the administration of 30 |
---|
598 | 603 | | the grant program authorized herein. In promulgating such rules, the Board shall promote the 31 |
---|
599 | 604 | | most efficient and economical program of Code-enforcement Code compliance inspection or 32 |
---|
600 | 605 | | review training, including the maximum utilization of existing facilities and programs for the 33 |
---|
601 | 606 | | purpose of avoiding duplication." 34 |
---|
602 | 607 | | SECTION 8.(m) G.S. 143-151.21 reads as rewritten: 35 |
---|
603 | 608 | | "§ 143-151.21. Disposition of fees. 36 |
---|
604 | 609 | | Fees collected by the State Fire Marshal under this Article shall be credited to the Insurance 37 |
---|
605 | 610 | | Regulatory Fund created under G.S. 58-6-25.deposited in the State treasury to the account of the 38 |
---|
606 | 611 | | Board." 39 |
---|
607 | 612 | | SECTION 8.(n) G.S. 143-151.22, as enacted by Section 3.4(b) of S.L. 2024-49, 40 |
---|
608 | 613 | | reads as rewritten: 41 |
---|
609 | 614 | | "§ 143-151.22. North Carolina State Building Code Permit Technician; certification 42 |
---|
610 | 615 | | program; professional development requirements; renewal of certificates; fees; 43 |
---|
611 | 616 | | exam waivers. 44 |
---|
612 | 617 | | (a) State Building Code Permit Technician Certification Program. – The Board shall 45 |
---|
613 | 618 | | develop a North Carolina State Building Code Permit Technician certification program and North 46 |
---|
614 | 619 | | Carolina State Building Code Permit Technician Certificate. To obtain a certificate, a person 47 |
---|
615 | 620 | | must pass an examination, as prescribed by the Board, that is based on the North Carolina State 48 |
---|
616 | 621 | | Building Code, administrative procedures applicable to permit administration, and relevant 49 |
---|
617 | 622 | | topics in support of Code-enforcement Code officials and local inspection departments. The 50 General Assembly Of North Carolina Session 2025 |
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619 | 624 | | Board may issue a certificate to each person who successfully completes the examination. The 1 |
---|
620 | 625 | | certificate shall bear the signatures of the chairman and secretary of the Board. 2 |
---|
621 | 626 | | … 3 |
---|
622 | 627 | | (e) Qualified Code-Enforcement Code Official Exam Waiver. – The Board shall, without 4 |
---|
623 | 628 | | requiring an examination, grant a certificate pursuant to this section to any person who, at the 5 |
---|
624 | 629 | | time of application, possesses a Building Inspector standard certificate license issued by the 6 |
---|
625 | 630 | | Board and who is in good standing. The Board may assess a fee for a certificate issued pursuant 7 |
---|
626 | 631 | | to this subsection, to the extent authorized by subsection (d) of this section for an initial 8 |
---|
627 | 632 | | certification. 9 |
---|
628 | 633 | | …." 10 |
---|
629 | 634 | | SECTION 8.(o) G.S. 143-151.23 reads as rewritten: 11 |
---|
630 | 635 | | "§ 143-151.23. Disasters and emergencies; temporary certificates.licenses. 12 |
---|
631 | 636 | | (a) When a state of emergency, as defined in G.S. 166A-19.3, has been declared by the 13 |
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632 | 637 | | Governor due to a natural disaster such as a hurricane, tornado, or flood, or due to a pending 14 |
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633 | 638 | | disaster, the Board may issue temporary standard or limited certificates licenses to retired 15 |
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634 | 639 | | qualified Code-enforcement Code officials to conduct Code enforcement compliance inspections 16 |
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635 | 640 | | or review in the emergency area, as defined in G.S. 166A-19.3, for the duration of the state of 17 |
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636 | 641 | | emergency. 18 |
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637 | 642 | | (b) A temporary standard or limited certificate license issued under this section shall 19 |
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638 | 643 | | expire at the termination of the state of emergency or 12 months, whichever is earlier. If after 12 20 |
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639 | 644 | | months the state of emergency has not expired, the Board may renew the temporary standard or 21 |
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640 | 645 | | limited certificate.license. 22 |
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641 | 646 | | (c) A qualified Code-enforcement Code official who has been on inactive status and is 23 |
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642 | 647 | | issued a temporary standard or limited certificate license under this section shall not be subject 24 |
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643 | 648 | | to the continuing education requirements established pursuant to G.S. 143-151.13A, unless the 25 |
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644 | 649 | | individual has been inactive or retired over two years and not continuously employed by a city 26 |
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645 | 650 | | or county inspection department." 27 |
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646 | 651 | | SECTION 8.(p) Transition from Certificates to Licenses. – The following provisions 28 |
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647 | 652 | | shall govern the transition from certificates previously issued by the Code Officials Qualification 29 |
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648 | 653 | | Board to licenses under this section: 30 |
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649 | 654 | | (1) Automatic conversion. – All individuals holding valid probationary, standard, 31 |
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650 | 655 | | or limited Code-official certificates issued by the Board as of the effective 32 |
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651 | 656 | | date of this section shall automatically be deemed to hold the equivalent 33 |
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652 | 657 | | licenses issued under Article 9C of Chapter 143 of the General Statutes, as 34 |
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653 | 658 | | amended by this section, without further examination, application, fees, or 35 |
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654 | 659 | | additional qualification requirements. These licenses shall authorize holders 36 |
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655 | 660 | | to engage in Code-enforcement or Code compliance inspection or review 37 |
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656 | 661 | | activities to the same extent and under the same conditions as the certificates 38 |
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657 | 662 | | previously held. 39 |
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658 | 663 | | (2) Pending applications. – An application for certification submitted prior to the 40 |
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659 | 664 | | effective date of this section, which remains pending on that date, shall be 41 |
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660 | 665 | | processed as an application for licensure. Such application shall not require 42 |
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661 | 666 | | resubmission or additional qualifications solely due to the change in 43 |
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662 | 667 | | designation from certificate to license provided by this section. A license 44 |
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663 | 668 | | issued pursuant to this subdivision shall be approved under the same 45 |
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664 | 669 | | conditions and standards that applied to certification immediately prior to the 46 |
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665 | 670 | | effective date of this section. 47 |
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666 | 671 | | (3) Renewal of licenses. – Upon expiration of any certificate converted into a 48 |
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667 | 672 | | license under subdivision (1) of this subsection, the Board shall permit 49 |
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668 | 673 | | individuals to renew their credential under the standards applicable to a license 50 General Assembly Of North Carolina Session 2025 |
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670 | 675 | | in accordance with the renewal provisions of G.S. 143-151.16, as amended by 1 |
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671 | 676 | | subsection (h) of this section. 2 |
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672 | 677 | | SECTION 8.(q) Effective Date. – This section becomes effective October 1, 2025. 3 |
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673 | 678 | | 4 |
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674 | 679 | | PART IX. CLARIFY ELECTRICAL CODE REQUIREMENTS FOR ENERGIZING 5 |
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675 | 680 | | BUILDINGS 6 |
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676 | 681 | | SECTION 9. G.S. 143-143.2(a) reads as rewritten: 7 |
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677 | 682 | | "(a) The electric wiring of houses or buildings for lighting or for other purposes shall 8 |
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678 | 683 | | conform to the requirements of the North Carolina State Building Code Electrical Code and other 9 |
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679 | 684 | | applicable State and local laws." 10 |
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680 | 685 | | 11 |
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681 | 686 | | PART X. EXTEND EXEMPTION FROM DEPARTMENT OF ADMINISTRATION 12 |
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682 | 687 | | OWNERSHIP OF PASSENGER MOTOR VEHICLES USED PRIMARILY FOR 13 |
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683 | 688 | | LAW-ENFORCEMENT, FIRE, OR EMERGENCY PURPOSES TO THE OFFICE OF 14 |
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684 | 689 | | THE STATE FIRE MARSHAL 15 |
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685 | 690 | | SECTION 10. G.S. 143-341 reads as rewritten: 16 |
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686 | 691 | | "§ 143-341. Powers and duties of Department. 17 |
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687 | 692 | | The Department of Administration has the following powers and duties: 18 |
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688 | 693 | | … 19 |
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689 | 694 | | (8) General Services: 20 |
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690 | 695 | | … 21 |
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691 | 696 | | i. To establish and operate a central motor fleet and such subsidiary 22 |
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692 | 697 | | related facilities as the Secretary may deem necessary, and to that end: 23 |
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693 | 698 | | … 24 |
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694 | 699 | | 3. To require on a schedule determined by the Department all 25 |
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695 | 700 | | State agencies to transfer ownership, custody or control of any 26 |
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696 | 701 | | or all passenger motor vehicles within the ownership, custody 27 |
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697 | 702 | | or control of that agency to the Department, except those motor 28 |
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698 | 703 | | vehicles vehicles: (i) under the ownership, custody or control 29 |
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699 | 704 | | of the Highway Patrol, the State Bureau of Investigation, the 30 |
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700 | 705 | | State Capitol Police, the Alcohol Law Enforcement Division 31 |
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701 | 706 | | of the Department of Public Safety, the Samarcand Training 32 |
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702 | 707 | | Academy, or the constituent institutions of The University of 33 |
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703 | 708 | | North Carolina which are used primarily for law-enforcement 34 |
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704 | 709 | | purposes.purposes or (ii) under the ownership, custody or 35 |
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705 | 710 | | control of the Office of the State Fire Marshal which are used 36 |
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706 | 711 | | primarily for law-enforcement, fire, or emergency purposes. 37 |
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707 | 712 | | …." 38 |
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708 | 713 | | 39 |
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709 | 714 | | PART XI. ENHANCE AUTHORITY OF THE STATE FIRE MARSHAL OVER LOCAL 40 |
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710 | 715 | | INSPECTIONS, FEES, RECORDS, AND EMERGENCY ELECTRICAL INSPECTIONS 41 |
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711 | 716 | | SECTION 11.(a) G.S. 58-78A-15 reads as rewritten: 42 |
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712 | 717 | | "§ 58-78A-15. State Fire Marshal to supervise local inspectors. 43 |
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713 | 718 | | (a) The State Fire Marshal shall exercise general supervision over local investigators of 44 |
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714 | 719 | | fires and fire prevention inspectors. Whenever the State Fire Marshal has reason to believe that 45 |
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715 | 720 | | the local inspectors are not doing their duty, the State Fire Marshal or the State Fire Marshal's 46 |
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716 | 721 | | deputy shall make special trips of inspection and take proper steps to have all the provisions of 47 |
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717 | 722 | | the law relative to the investigation of fires and the prevention of fire waste enforced. 48 |
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718 | 723 | | (b) The State Fire Marshal shall exercise general supervision over local inspection 49 |
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719 | 724 | | departments, including departments that issue permits for work subject to the North Carolina 50 |
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720 | 725 | | State Building Code. If the State Fire Marshal determines that a local inspection department has 51 General Assembly Of North Carolina Session 2025 |
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722 | 727 | | failed to provide inspection services, ceased providing inspection services, or is otherwise failing 1 |
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723 | 728 | | to adequately fulfill its duties under this Chapter or Chapter 160D of the General Statutes, the 2 |
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724 | 729 | | State Fire Marshal shall initiate appropriate corrective actions as provided by G.S. 160D-1102(b). 3 |
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725 | 730 | | Such actions may include arranging alternate inspection services, suspending the local inspection 4 |
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726 | 731 | | department's authority, and assigning inspection duties to another jurisdiction or directly to the 5 |
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727 | 732 | | State. A local government whose inspection authority has been suspended under this subsection 6 |
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728 | 733 | | may resume providing inspection services only in accordance with the requirements set forth in 7 |
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729 | 734 | | G.S. 160D-1102(b). Nothing in this Chapter shall prohibit the State Fire Marshal or the State 8 |
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730 | 735 | | from directly performing inspection duties for any jurisdiction whose inspection department has 9 |
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731 | 736 | | been suspended. 10 |
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732 | 737 | | (c) During any declared state of emergency or disaster, including a state emergency 11 |
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733 | 738 | | declared pursuant to G.S. 166A-19.20 or G.S. 166A-19.22 or a federal emergency or major 12 |
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734 | 739 | | disaster declared pursuant to the Stafford Act (P.L. 93-288), the State Fire Marshal shall have 13 |
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735 | 740 | | authority to decree alternative methods for achieving compliance with the North Carolina State 14 |
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736 | 741 | | Building Code and to evaluate and approve any system regulated by the North Carolina State 15 |
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737 | 742 | | Building Code in the State by any means necessary. During emergencies and disasters, the State 16 |
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738 | 743 | | Fire Marshal shall have the authority to allow persons licensed as an electrical contractor, as 17 |
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739 | 744 | | defined in Article 4 of Chapter 87 of the General Statutes, to evaluate and approve systems 18 |
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740 | 745 | | regulated by the North Carolina Electrical Code and appropriate for such license directly affected 19 |
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741 | 746 | | by such events." 20 |
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742 | 747 | | SECTION 11.(b) G.S. 160D-402(d) reads as rewritten: 21 |
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743 | 748 | | "(d) Financial Support. – The local government may appropriate for the support of the 22 |
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744 | 749 | | staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, 23 |
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745 | 750 | | administration, and implementation of programs authorized by this Chapter. All fees collected 24 |
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746 | 751 | | by a building inspection department for the administration and enforcement of provisions set 25 |
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747 | 752 | | forth in Article 11 of this Chapter shall be used to support the administration and operations of 26 |
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748 | 753 | | the building inspection department and for no other purposes. When an inspection, for which the 27 |
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749 | 754 | | permit holder has paid a fee to the local government, is performed by a marketplace pool 28 |
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750 | 755 | | Code-enforcement official upon request of the State Fire Marshal under G.S. 143-151.12(9)a., 29 |
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751 | 756 | | the local government shall promptly return to the permit holder the fee collected by the local 30 |
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752 | 757 | | government for such inspection. Whenever an inspections department has been suspended under 31 |
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753 | 758 | | G.S. 58-78A-15(b), the local government shall remit all building permit, inspection, and 32 |
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754 | 759 | | reinspection fees collected by the local government for inspections to be conducted during the 33 |
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755 | 760 | | suspension period to the jurisdiction assigned to perform the inspections. This subsection applies 34 |
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756 | 761 | | to the following types of inspection: plumbing, electrical systems, general building restrictions 35 |
---|
757 | 762 | | and regulations, heating and air-conditioning, and the general construction of buildings." 36 |
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758 | 763 | | SECTION 11.(c) G.S. 160D-1126 reads as rewritten: 37 |
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759 | 764 | | "§ 160D-1126. Records and reports. 38 |
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760 | 765 | | The inspection department shall keep complete and accurate records as prescribed by the 39 |
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761 | 766 | | Engineering Division of the Office of the State Fire Marshal in convenient form of all 40 |
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762 | 767 | | applications received, permits issued, inspections and reinspections made, defects found, 41 |
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763 | 768 | | certificates of compliance or occupancy granted, and all other work and activities of the 42 |
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764 | 769 | | department. These records shall be kept in the manner and for the periods prescribed by the 43 |
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765 | 770 | | Department of Natural and Cultural Resources. Periodic reports shall be submitted to the 44 |
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766 | 771 | | governing board and to the State Fire Marshal as prescribed by the Engineering Division of the 45 |
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767 | 772 | | Office of the State Fire Marshal and they shall by ordinance, rule, or other regulation require. 46 |
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768 | 773 | | Any inspection department that fails to comply with this section shall be subject to suspension 47 |
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769 | 774 | | as described in G.S. 58-78A-15(b)." 48 |
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770 | 775 | | SECTION 11.(d) Effective Date. – This section becomes effective July 1, 2026. 49 |
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771 | 776 | | 50 |
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772 | 777 | | PART XII. RULEMAKING, SEVERABILITY CLAUSE, AND EFFECTIVE DATE 51 General Assembly Of North Carolina Session 2025 |
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