GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 374
Short Title: Licensing Certain Fire Safety Equip. Work. (Public)
Sponsors: Senators Lazzara and Barnes (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 24, 2025
*S374 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE LICENSING AND PERMITTING FOR INDIVIDUALS AND FIRMS 2
THAT INSTALL AND SER VICE PORTABLE FIRE EXTINGUISHERS AND FIR E 3
SUPPRESSION SYSTEMS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Chapter 58 of the General Statutes is amended by adding a new Article 6
to read: 7
"Article 82C. 8
"Licensing and Permitting for the Installation and Servicing of Portable Fire Extinguishers and 9
Fire Suppression Systems. 10
"§ 58-82C-1. Definitions. 11
The following definitions apply in this Article: 12
(1) Engineered special hazard fire suppression system. – A fire suppression 13
system having pipe lengths, number of fittings, number and types of nozzles, 14
suppression agent flow rates, and nozzle pressures calculated based on 15
appropriate standards of the National Fire Protection Association. An 16
engineered fire suppression system may include other components, including, 17
but not limited to, detection devices, alarm devices, and control devices as 18
tested and approved by a nationally recognized testing laboratory, where the 19
component's manufacturer determines the component is compatible with the 20
fire suppression system. 21
(2) Fire suppression system. – Any firefighting system employing a suppression 22
agent with the purpose of controlling, suppressing, or extinguishing a fire in a 23
specific hazard, including pre-engineered kitchen fire suppression systems, 24
pre-engineered industrial fire suppression systems, and engineered special 25
hazard fire suppression systems. 26
(3) Firm. – Any business, person, partnership, organization, association, 27
corporation, contractor, subcontractor, or individual. 28
(4) Industrial fire suppression system. – A pre-engineered automatic fire 29
extinguishing system provided for the protection of property or equipment as 30
described by the manufacturer other than those systems covered under the 31
definition of kitchen fire suppression system. 32
(5) Kitchen fire suppression system. – An automatic fire extinguishing system 33
provided for the protection of grease removal devices, hoods, duct systems, 34
and cooking equipment. This term also includes "restaurant fire suppression 35
system." 36 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 374-First Edition
(6) License. – The document issued by the State Fire Marshal which authorizes a 1
firm to engage in the business of installation, repair, recharging, inspection, 2
service, or testing of fire suppression systems or portable fire extinguishers. 3
(7) Permit. – The document issued by the State Fire Marshal which authorizes an 4
individual to install, inspect, repair, recharge, service, or test fire suppression 5
systems or portable fire extinguishers. 6
(8) Portable fire extinguisher. – A portable device containing an extinguishing 7
agent that can be expelled under pressure for the purpose of suppressing or 8
extinguishing a fire. 9
(9) Pre-engineered fire suppression system. – Any system having predetermined 10
flow rates, nozzle pressures, and quantities of an extinguishing agent. 11
(10) State Fire Marshal. – The head of the North Carolina Office of the State Fire 12
Marshal as defined in G.S. 58-78A-1(c). 13
(11) Suppression agent. – A currently recognized agent or water additive required 14
to control, suppress, or extinguish a fire. 15
"§ 58-82C-2. State Fire Marshal to administer Article; rules and regulations. 16
(a) The State Fire Marshal, through the Office of the State Fire Marshal, shall have full 17
power and authority to administer the provisions of this Article, including adopting rules to 18
enforce the purposes and provisions of this Article. 19
(b) The State Fire Marshal shall establish rules for the following: 20
(1) Proper installation, inspection, recharging, repairing, servicing, or testing of 21
fire suppression systems or portable fire extinguishers. 22
(2) Required specifications as to the number, type, size, shape, color, and 23
information and data contained thereon of service tags to be attached to all 24
portable fire extinguishers and fire suppression systems covered by this 25
Article when they are installed, inspected, recharged, repaired, serviced, or 26
tested. 27
(c) The State Fire Marshal may adopt by rule the applicable standards of the National 28
Fire Protection Association or another nationally recognized organization if the standards are 29
judged by the State Fire Marshal to be suitable for the enforcement of this Article. All fire 30
suppression systems and portable fire extinguishers covered by G.S. 58-82C-3 shall be installed, 31
inspected, recharged, repaired, serviced, or tested in compliance with this Article and with the 32
State Fire Marshal's rules. 33
(d) The State Fire Marshal may adopt rules to require an applicant for a license or permit 34
to take an examination as to the applicant's competence to be licensed or permitted under this 35
Article. If required, the applicant must take and pass the examination according to requirements 36
prescribed by the State Fire Marshal. 37
(e) The State Fire Marshal is authorized to apply for and receive grants for the 38
administration of this Article from parties interested in upgrading and improving the quality of 39
fire protection provided by portable fire extinguishers or fire suppression systems. 40
"§ 58-82C-3. Compliance with this Article; license and permit requirement. 41
(a) Except as otherwise provided by this Article, no firm may install, inspect, repair, 42
service, or test any of the following fire suppression systems or portable fire extinguishers that 43
are required by the State Fire Marshal's rules or by other State or local fire safety rules, unless 44
the firm is licensed under the provisions of this Article: 45
(1) Portable fire extinguishers. 46
(2) Pre-engineered kitchen fire suppression systems. 47
(3) Pre-engineered industrial fire suppression systems. 48
(4) Engineered special hazard fire suppression systems. 49
(b) Except as otherwise provided by this Article, no individual may install, inspect, 50
repair, recharge, service, or test any of the following fire suppression systems or portable fire 51 General Assembly Of North Carolina Session 2025
Senate Bill 374-First Edition Page 3
extinguishers that are required by the State Fire Marshal's rules or by other State or local fire 1
safety rules, unless the individual is permitted under the provisions of this Article: 2
(1) Portable fire extinguishers. 3
(2) Pre-engineered kitchen fire suppression systems. 4
(3) Pre-engineered industrial fire suppression systems. 5
(4) Engineered special hazard fire suppression systems. 6
(c) It shall be unlawful for an individual to install, inspect, recharge, repair, service, or 7
test any portable fire extinguisher or fire suppression system without attaching the required tag 8
or tags completed in detail, including the actual month, day, and year the work was performed, 9
or to use a tag not meeting the specifications set forth by the State Fire Marshal. 10
(d) The permit established by subsection (b) of this section shall not be required for any 11
individual employed by any firm or governmental entity that engages only in installing, 12
inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire 13
suppression systems owned by the firm and installed on property under the control of the firm. 14
These individuals shall remain subject to the rules and regulations adopted pursuant to this 15
Article. 16
(e) The provisions of this Article do not apply to any of the following: 17
(1) Fire chiefs, fire marshals, fire inspectors, or insurance company inspectors 18
with regard to the routine visual inspection of pre-engineered fire suppression 19
systems or portable fire extinguishers. 20
(2) Any firm that engages only in the routine visual inspection of fire suppression 21
systems or portable fire extinguishers owned by the firm and installed on 22
property under the control of the firm. 23
"§ 58-82C-4. License and permit fees. 24
(a) A nonrefundable license fee of two hundred fifty dollars ($250.00) shall be paid to 25
the State Fire Marshal with each application for the issuance of a license under this Article. 26
(b) A nonrefundable permit fee of one hundred dollars ($100.00) shall be paid to the State 27
Fire Marshal with each application for the issuance of a permit under this Article. 28
(c) The fees required by this Article shall not apply to employees of federal, State, or 29
local governments or to a member of a legally organized fire department while acting in the 30
member's official capacity. 31
"§ 58-82C-5. Requirements for issuance of license. 32
(a) Before approving a license for a firm pursuant to G.S. 58-82C-3, the State Fire 33
Marshal shall find that the firm has: 34
(1) Submitted a completed application pursuant to G.S. 58-82C-8. 35
(2) Submitted to the State Fire Marshal evidence of registration as a North 36
Carolina corporation. 37
(3) Not committed any act that is a ground for denial, suspension, probation, 38
revocation, or nonrenewal set forth in G.S. 58-82C-11. 39
(4) Satisfied all requirements of this Article. 40
(5) Been determined, by inspection of the State Fire Marshal, to possess the 41
equipment required for the activities the applicant requests to be licensed to 42
perform. If the applicant includes in the request the high-pressure hydrostatic 43
testing of equipment, the applicant must submit a copy of its United States 44
Department of Transportation approval and renewals. 45
(6) Submitted to the State Fire Marshal proof of a valid comprehensive liability 46
insurance policy purchased from an insurer authorized to do business in North 47
Carolina. The coverage must include bodily injury and property damage, 48
products liability, completed operations, and contractual liability. The proof 49
of insurance must also be provided before any license can be renewed. The 50
minimum amount of the coverage shall be one million dollars ($1,000,000) or 51 General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 374-First Edition
any other amount as specified by the State Fire Marshal. An insurer which 1
provides this coverage shall notify the State Fire Marshal of any change in 2
coverage. 3
(7) Paid the applicable fees set forth in G.S. 58-82C-4. 4
(8) Paid a nonrefundable filing fee fixed by rule of the State Fire Marshal when 5
filing an application for an examination if the State Fire Marshal requires an 6
examination pursuant to this Article. 7
(9) Successfully passed any examination if the State Fire Marshal requires an 8
examination pursuant to this Article. 9
(b) Before approving a permit for an individual pursuant to G.S. 58-82C-3, the State Fire 10
Marshal shall find that the individual has: 11
(1) Submitted a completed application pursuant to G.S. 58-82C-8. 12
(2) Not committed any act that is a ground for denial, suspension, probation, 13
revocation, or nonrenewal set forth in G.S. 58-82C-11. 14
(3) Satisfied all requirements of this Article. 15
(4) Paid the applicable fees set forth in G.S. 58-82C-4. 16
(5) Paid a nonrefundable filing fee fixed by rule of the State Fire Marshal when 17
filing an application for an examination if the State Fire Marshal requires an 18
examination pursuant to this Article. 19
(6) Successfully passed any examination if the State Fire Marshal requires an 20
examination pursuant to this Article. 21
"§ 58-82C-6. Production of license or permit on demand. 22
(a) Every permittee must have a valid permit upon his or her person at all times while 23
engaging in the installing, inspection, recharging, repairing, servicing, or testing of fire 24
suppression systems or portable fire extinguishers. 25
(b) Every licensee or permittee must be able to produce a valid license or valid permit, as 26
appropriate, upon demand by the State Fire Marshal or his or her representatives or by any local 27
authority having jurisdiction for fire protection or prevention or by any individual for whom the 28
licensee or permittee solicits to perform any of the activities covered by this Article. 29
"§ 58-82C-7. Reciprocity. 30
The State Fire Marshal may issue a license or permit under this Article to an individual who 31
holds a comparable valid permit, license, or certification issued by another state, provided the 32
minimum requirements of that state are at least equal to the minimum requirements under this 33
Article for the specific license or permit issued and the individual or firm pays the application 34
and filing fees required under this Article. 35
"§ 58-82C-8. Forms of licenses, permits, and applications; information required. 36
(a) An individual applying for a license or permit under this Article shall apply on a form 37
prescribed by the State Fire Marshal and declare under penalty of denial, suspension, or 38
revocation of the license that the statements made in the application are true, correct, and 39
complete to the best of the individual's knowledge and belief. 40
(b) Permit applications shall include the name of the licensee employing the applicant or 41
the name of the firm or governmental entity pursuant to the exemptions found in G.S. 58-82C-3. 42
(c) Each license or permit issued by the State Fire Marshal under this Article shall clearly 43
state the activity or activities for which the licensee or permittee has been issued the license or 44
permit to perform. The licensee or permittee shall not perform any activity not noted on a license 45
or permit issued by the State Fire Marshal. 46
(d) A licensee or permittee shall notify the State Fire Marshal within 30 days of any 47
change to the information provided to the State Fire Marshal on the license or permit application. 48
(e) The State Fire Marshal shall give an applicant 60 days to correct any deficiencies 49
discovered by inspection. 50
"§ 58-82C-9. Terms of licenses and permits; failure to renew. 51 General Assembly Of North Carolina Session 2025
Senate Bill 374-First Edition Page 5
(a) The licenses and permits required by this Article shall be issued by the State Fire 1
Marshal for each license year beginning January 1 and expiring the following December 31. 2
(b) The failure to renew a license or permit by December 31 will cause the license or 3
permit to become inoperative. A license or permit which is inoperative because of the failure to 4
renew the license or permit shall be restored upon payment of the applicable fee, plus a penalty 5
equal to the applicable fee, if the fees are paid within 90 days of expiration. After 90 days, the 6
former licensees and former permittees must apply for new licenses and permits as required for 7
an initial license or permit. 8
"§ 58-82C-10. License or permit sanction and denial procedures. 9
(a) The suspension, placing on probation, revocation, denial, or refusal to renew any 10
license or permit under this Article shall be in accordance with the provisions of Chapter 150B 11
of the General Statutes. 12
(b) Whenever the State Fire Marshal denies an initial application or an application for a 13
reissuance of a license or permit under this Article, the State Fire Marshal shall notify the 14
applicant and advise, in writing, the applicant of the reasons for the denial of the license. The 15
applicant may also be denied for any reasons for which a license may be suspended or revoked 16
or not renewed under G.S. 58-82C-11. 17
(c) In order for an applicant to be entitled to a review of the State Fire Marshal's action 18
to determine the reasonableness of the action, the applicant must make a written demand upon 19
the State Fire Marshal for a review no later than 30 days after service of the notification upon the 20
applicant. The review shall be completed without undue delay, and the applicant shall be notified 21
promptly in writing of the outcome of the review. 22
(d) In order for an applicant who disagrees with the outcome of the review to be entitled 23
to a hearing under Article 3A of Chapter 150B of the General Statutes, the applicant must make 24
a written demand upon the State Fire Marshal for a hearing no later than 30 days after service 25
upon the applicant of the notification of the outcome. 26
(e) A licensee or permittee whose license or permit is suspended, revoked, or not renewed 27
shall surrender the license or permit to the State Fire Marshal within 30 days of the suspension, 28
revocation, or nonrenewal. 29
(f) During the suspension or revocation of any license or permit, the licensee or permittee 30
whose license or permit has been suspended or revoked shall not engage in or attempt or profess 31
to engage in any transaction or business for which a license or permit is required under this 32
Article or directly or indirectly own, control, or be employed in any manner by any firm, business, 33
or corporation for which a license or permit under this Article is required. 34
(g) If, during the period between the beginning of proceedings and the entry of an order 35
of suspension or revocation by the State Fire Marshal, a new license or permit has been issued to 36
the individual or firm charged, the order of suspension or revocation shall operate to suspend or 37
revoke, as the case may be, the new license or permit held by the individual or firm. 38
(h) The State Fire Marshal shall not, so long as the revocation or suspension remains in 39
effect, issue any new license or permit for the establishment of any new firm, business, or 40
corporation of any individual or applicant that has or will have the same or similar management, 41
ownership, control, employees, permittees, or licensees or will use the same or a similar name as 42
the revoked or suspended firm, business, corporation, individual, or applicant. 43
"§ 58-82C-11. Grounds for denial, suspension, probation, revocation, or nonrenewal of 44
licenses or permits. 45
The State Fire Marshal may deny, suspend, place on probation, revoke, or refuse to renew 46
any license or permit under this Article, in accordance with the provisions of Article 3A of 47
Chapter 150B of the General Statutes, for any one or more of the following reasons: 48
(1) Performing any action for which a license or permit is required under this 49
Article without having first obtained such license or permit. 50 General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 374-First Edition
(2) Improperly installing, recharging, repairing, servicing, inspecting, or testing a 1
portable fire extinguisher or fire suppression system. 2
(3) Rendering inoperative a portable fire extinguisher or pre-engineered or 3
engineered fire suppression system covered by this Article, except during the 4
time the extinguisher or system is being inspected, recharged, repaired, 5
serviced, or tested or except pursuant to court order. 6
(4) Material misstatement, misrepresentation, or fraud in obtaining a license or 7
permit under this Article. 8
(5) Failing to provide proof of or maintain the minimum comprehensive liability 9
insurance coverage as set forth in G.S. 58-82C-5. 10
(6) Failing to notify the State Fire Marshal, in writing, within 30 days after a 11
change of any information required on applications under G.S. 58-82C-8. 12
(7) Cheating on an examination for a license or permit, if an examination is 13
required by the State Fire Marshal pursuant to this Article. 14
(8) Having any professional license denied, suspended, or revoked in this State or 15
any other jurisdiction for causes substantially similar to those listed in this 16
subsection. 17
(9) Failing or refusing to comply with a cease and desist order or any other notice 18
or order to correct a violation related to conduct governed by this Article. 19
(10) Retaining an officer, director, stockholder, owner, or individual who has a 20
direct or indirect interest that has had his or her license or permit suspended 21
or revoked under this Article. 22
(11) Serving or previously serving as an officer, director, stockholder, or owner of 23
a firm, business, or corporation whose license or permit has been suspended 24
or revoked under this Article, or who has or had a direct or indirect interest in 25
a firm, business, or corporation whose license or permit has been suspended 26
or revoked under this Article. 27
(12) While holding a permit or license, using a license or permit or license number 28
or permit number other than his or her own valid license or permit or license 29
number or permit number. 30
(13) Using credentials, methods, means, or practices to impersonate a 31
representative of the State Fire Marshal or any local fire chief, fire marshal, 32
or other fire authority having jurisdiction. 33
(14) Any cause for which the issuance of the license or permit could have been 34
denied had it been known to the State Fire Marshal at the time of issuance. 35
(15) Failing to obtain, retain, or maintain one or more of the qualifications for a 36
license or permit required by this Article. 37
(16) Knowingly aiding or abetting others to evade or violate the provisions of this 38
Article. 39
(17) Failing to comply with an administrative or court order imposing a child 40
support obligation, after entry of a final judgment or order finding the 41
violation to have been willful. 42
(18) Failing to pay State income tax or comply with any administrative or court 43
order directing payment of State income tax, after entry of a final judgment or 44
order finding the violation to have been willful. 45
(19) Conviction of a crime involving dishonesty, a breach of trust, or moral 46
turpitude. 47
(20) Violating any other provision of this Article or any rule or regulation adopted 48
and promulgated pursuant to this Article. 49
(21) Any cause sufficient to deny, suspend, or revoke the license or permit under 50
any other provision of this Article. 51 General Assembly Of North Carolina Session 2025
Senate Bill 374-First Edition Page 7
"§ 58-82C-12. Cease and desist orders; period of revocation. 1
(a) Whenever the State Fire Marshal shall have reason to believe that any individual or 2
firm is or has been violating any provisions of this Article, the State Fire Marshal may issue and 3
deliver to the individual or firm an order to cease and desist the violation. 4
(b) Any order issued by the State Fire Marshal under this section shall contain or be 5
accompanied by a notice of opportunity for hearing which may provide that a hearing will be 6
held if and only if an individual subject to the order requests a hearing within 30 days of receipt 7
of the order and notice. The order and notice shall be served by hand delivery by the State Fire 8
Marshal or by registered or certified mail. 9
(c) Failure to comply with a cease and desist order is cause for revocation of any or all 10
permits and licenses issued by the State Fire Marshal for a period of not less than six months and 11
not to exceed five years. If a new permit or license has been issued to the individual or firm, the 12
order of revocation shall operate effectively with respect to the new permits and licenses held by 13
the individual or firm. 14
(d) In the case of an applicant for a license or permit, violation of any provision of this 15
title may constitute grounds for refusal of the application. 16
"§ 58-82C-13. Civil penalty; injunction. 17
(a) Any individual or firm who violates any provision of this Article or any rule or order 18
issued by the State Fire Marshal under this Article shall be subject to a civil penalty imposed by 19
the State Fire Marshal of not more than one thousand dollars ($1,000) for a first offense, not less 20
than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) for a second 21
offense, and not less than two thousand dollars ($2,000) or more than five thousand dollars 22
($5,000) for a third or subsequent offense. 23
(b) Prior to subjecting any individual or firm to a fine under this section, the State Fire 24
Marshal shall give written notice to the individual or firm by hand delivery or by registered or 25
certified mail of the existence of the violations. After a reasonable period of time after notice is 26
given, an order may be issued based on this section. The order must be delivered in accordance 27
with the provisions of G.S. 58-82C-12(b) and must notify the individual or firm of the right to a 28
hearing with respect to the order. 29
(c) In addition to other powers granted to the State Fire Marshal under this Article, the 30
State Fire Marshal may bring a civil action to enjoin a violation of any provision of this Article 31
or of any rule or order issued by the State Fire Marshal under this Article. 32
"§ 58-82C-14. Criminal penalty. 33
(a) Any individual or firm that willfully or intentionally violates any provision of this 34
Article or any order or rule of the State Fire Marshal shall be guilty of a Class 1 misdemeanor. 35
(b) It shall also constitute a Class 1 misdemeanor to willfully or intentionally do any of 36
the following: 37
(1) Obliterate the serial number on a fire suppression system or portable fire 38
extinguisher for the purposes of falsifying service records. 39
(2) Improperly install a fire suppression system or improperly recharge, repair, 40
service, or test any fire suppression system or portable fire extinguisher. 41
(3) While holding a permit or license, allow another individual to use the permit 42
or license or permit number or license number or to use a license or permit or 43
license number or permit number other than his or her own valid license or 44
permit or license number or permit number. 45
(4) Use or permit the use of any license by an individual or firm other than the 46
one to whom the license is issued. 47
(5) Use any credential, method, means, or practice to impersonate a representative 48
of the State Fire Marshal or any local fire chief, fire marshal, or other fire 49
authority having jurisdiction. 50 General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 374-First Edition
(6) Engage in the business of installing, inspecting, recharging, repairing, 1
servicing, or testing portable fire extinguishers or fire suppression systems 2
except in conformity with the provisions of this Article and the applicable 3
rules and regulations of the State Fire Marshal. 4
(7) Fail to comply with a cease and desist order under G.S. 58-82C-12. 5
"§ 58-82C-15. Power of the State and local governments to regulate not limited. 6
(a) Nothing in this Article limits the power of the State or a unit of local government to 7
require the submission and approval of plans and specifications or to regulate the quality and 8
character of work performed by contractors for the protection of the public health and safety. 9
(b) No unit of local government shall impose any other requirements on individuals 10
licensed or permitted by the State Fire Marshal as set forth in this Article to prove competency 11
to conduct any activity covered by the license or permit." 12
SECTION 2. The Office of the State Fire Marshal may adopt temporary rules to 13
implement the provisions of this act. Any temporary rules adopted in accordance with this section 14
shall remain in effect until permanent rules that replace the temporary rules become effective. 15
SECTION 3. This act becomes effective October 1, 2025. 16