North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S374 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 374
	3	+	S D
	4	+	SENATE BILL DRS15160-NNf-29A
	5	+
5	6
6	7
7	8		Short Title: Licensing Certain Fire Safety Equip. Work. (Public)
8	9		Sponsors: Senators Lazzara and Barnes (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 24, 2025~~
11		-	~~S374 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15160 -NNf-29A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO REQUIRE LICENSING AND PERMITTING FOR INDIVIDUALS AND FIRMS 2
14	15		THAT INSTALL AND SERVICE PORTABLE FIRE EXTINGUISHERS AND FIRE 3
15	16		SUPPRESSION SYSTEMS. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. Chapter 58 of the General Statutes is amended by adding a new Article 6
18	19		to read: 7
19	20		"Article 82C. 8
20	21		"Licensing and Permitting for the Installation and Servicing of Portable Fire Extinguishers and 9
21	22		Fire Suppression Systems. 10
22	23		"§ 58-82C-1. Definitions. 11
23	24		The following definitions apply in this Article: 12
24	25		(1) Engineered special hazard fire suppression system. – A fire suppression 13
25	26		system having pipe lengths, number of fittings, number and types of nozzles, 14
26	27		suppression agent flow rates, and nozzle pressures calculated based on 15
27	28		appropriate standards of the National Fire Protection Association. An 16
28	29		engineered fire suppression system may include other components, including, 17
29	30		but not limited to, detection devices, alarm devices, and control devices as 18
30	31		tested and approved by a nationally recognized testing laboratory, where the 19
31	32		component's manufacturer determines the component is compatible with the 20
32	33		fire suppression system. 21
33	34		(2) Fire suppression system. – Any firefighting system employing a suppression 22
34	35		agent with the purpose of controlling, suppressing, or extinguishing a fire in a 23
35	36		specific hazard, including pre-engineered kitchen fire suppression systems, 24
36	37		pre-engineered industrial fire suppression systems, and engineered special 25
37	38		hazard fire suppression systems. 26
38	39		(3) Firm. – Any business, person, partnership, organization, association, 27
39	40		corporation, contractor, subcontractor, or individual. 28
40	41		(4) Industrial fire suppression system. – A pre-engineered automatic fire 29
41	42		extinguishing system provided for the protection of property or equipment as 30
42	43		described by the manufacturer other than those systems covered under the 31
43	44		definition of kitchen fire suppression system. 32
44	45		(5) Kitchen fire suppression system. – An automatic fire extinguishing system 33
45	46		provided for the protection of grease removal devices, hoods, duct systems, 34
46	47		and cooking equipment. This term also includes "restaurant fire suppression 35
47		-	system." 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 374-First Edition
	48	+	system." 36
	49	+	FILED SENATE
	50	+	Mar 20, 2025
	51	+	S.B. 374
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS15160-NNf-29A
49	54		(6) License. – The document issued by the State Fire Marshal which authorizes a 1
50	55		firm to engage in the business of installation, repair, recharging, inspection, 2
51	56		service, or testing of fire suppression systems or portable fire extinguishers. 3
52	57		(7) Permit. – The document issued by the State Fire Marshal which authorizes an 4
53	58		individual to install, inspect, repair, recharge, service, or test fire suppression 5
54	59		systems or portable fire extinguishers. 6
55	60		(8) Portable fire extinguisher. – A portable device containing an extinguishing 7
56	61		agent that can be expelled under pressure for the purpose of suppressing or 8
57	62		extinguishing a fire. 9
58	63		(9) Pre-engineered fire suppression system. – Any system having predetermined 10
59	64		flow rates, nozzle pressures, and quantities of an extinguishing agent. 11
60	65		(10) State Fire Marshal. – The head of the North Carolina Office of the State Fire 12
61	66		Marshal as defined in G.S. 58-78A-1(c). 13
62	67		(11) Suppression agent. – A currently recognized agent or water additive required 14
63	68		to control, suppress, or extinguish a fire. 15
64	69		"§ 58-82C-2. State Fire Marshal to administer Article; rules and regulations. 16
65	70		(a) The State Fire Marshal, through the Office of the State Fire Marshal, shall have full 17
66	71		power and authority to administer the provisions of this Article, including adopting rules to 18
67	72		enforce the purposes and provisions of this Article. 19
68	73		(b) The State Fire Marshal shall establish rules for the following: 20
69	74		(1) Proper installation, inspection, recharging, repairing, servicing, or testing of 21
70	75		fire suppression systems or portable fire extinguishers. 22
71	76		(2) Required specifications as to the number, type, size, shape, color, and 23
72	77		information and data contained thereon of service tags to be attached to all 24
73	78		portable fire extinguishers and fire suppression systems covered by this 25
74	79		Article when they are installed, inspected, recharged, repaired, serviced, or 26
75	80		tested. 27
76	81		(c) The State Fire Marshal may adopt by rule the applicable standards of the National 28
77	82		Fire Protection Association or another nationally recognized organization if the standards are 29
78	83		judged by the State Fire Marshal to be suitable for the enforcement of this Article. All fire 30
79	84		suppression systems and portable fire extinguishers covered by G.S. 58-82C-3 shall be installed, 31
80	85		inspected, recharged, repaired, serviced, or tested in compliance with this Article and with the 32
81	86		State Fire Marshal's rules. 33
82	87		(d) The State Fire Marshal may adopt rules to require an applicant for a license or permit 34
83	88		to take an examination as to the applicant's competence to be licensed or permitted under this 35
84	89		Article. If required, the applicant must take and pass the examination according to requirements 36
85	90		prescribed by the State Fire Marshal. 37
86	91		(e) The State Fire Marshal is authorized to apply for and receive grants for the 38
87	92		administration of this Article from parties interested in upgrading and improving the quality of 39
88	93		fire protection provided by portable fire extinguishers or fire suppression systems. 40
89	94		"§ 58-82C-3. Compliance with this Article; license and permit requirement. 41
90	95		(a) Except as otherwise provided by this Article, no firm may install, inspect, repair, 42
91	96		service, or test any of the following fire suppression systems or portable fire extinguishers that 43
92	97		are required by the State Fire Marshal's rules or by other State or local fire safety rules, unless 44
93	98		the firm is licensed under the provisions of this Article: 45
94	99		(1) Portable fire extinguishers. 46
95	100		(2) Pre-engineered kitchen fire suppression systems. 47
96	101		(3) Pre-engineered industrial fire suppression systems. 48
97	102		(4) Engineered special hazard fire suppression systems. 49
98	103		(b) Except as otherwise provided by this Article, no individual may install, inspect, 50
99	104		repair, recharge, service, or test any of the following fire suppression systems or portable fire 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 374-First Edition~~ Page 3
	105	+	DRS15160-NNf-29A Page 3
101	106		extinguishers that are required by the State Fire Marshal's rules or by other State or local fire 1
102	107		safety rules, unless the individual is permitted under the provisions of this Article: 2
103	108		(1) Portable fire extinguishers. 3
104	109		(2) Pre-engineered kitchen fire suppression systems. 4
105	110		(3) Pre-engineered industrial fire suppression systems. 5
106	111		(4) Engineered special hazard fire suppression systems. 6
107	112		(c) It shall be unlawful for an individual to install, inspect, recharge, repair, service, or 7
108	113		test any portable fire extinguisher or fire suppression system without attaching the required tag 8
109	114		or tags completed in detail, including the actual month, day, and year the work was performed, 9
110	115		or to use a tag not meeting the specifications set forth by the State Fire Marshal. 10
111	116		(d) The permit established by subsection (b) of this section shall not be required for any 11
112	117		individual employed by any firm or governmental entity that engages only in installing, 12
113	118		inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire 13
114	119		suppression systems owned by the firm and installed on property under the control of the firm. 14
115	120		These individuals shall remain subject to the rules and regulations adopted pursuant to this 15
116	121		Article. 16
117	122		(e) The provisions of this Article do not apply to any of the following: 17
118	123		(1) Fire chiefs, fire marshals, fire inspectors, or insurance company inspectors 18
119	124		with regard to the routine visual inspection of pre-engineered fire suppression 19
120	125		systems or portable fire extinguishers. 20
121	126		(2) Any firm that engages only in the routine visual inspection of fire suppression 21
122	127		systems or portable fire extinguishers owned by the firm and installed on 22
123	128		property under the control of the firm. 23
124	129		"§ 58-82C-4. License and permit fees. 24
125	130		(a) A nonrefundable license fee of two hundred fifty dollars ($250.00) shall be paid to 25
126	131		the State Fire Marshal with each application for the issuance of a license under this Article. 26
127	132		(b) A nonrefundable permit fee of one hundred dollars ($100.00) shall be paid to the State 27
128	133		Fire Marshal with each application for the issuance of a permit under this Article. 28
129	134		(c) The fees required by this Article shall not apply to employees of federal, State, or 29
130	135		local governments or to a member of a legally organized fire department while acting in the 30
131	136		member's official capacity. 31
132	137		"§ 58-82C-5. Requirements for issuance of license. 32
133	138		(a) Before approving a license for a firm pursuant to G.S. 58-82C-3, the State Fire 33
134	139		Marshal shall find that the firm has: 34
135	140		(1) Submitted a completed application pursuant to G.S. 58-82C-8. 35
136	141		(2) Submitted to the State Fire Marshal evidence of registration as a North 36
137	142		Carolina corporation. 37
138	143		(3) Not committed any act that is a ground for denial, suspension, probation, 38
139	144		revocation, or nonrenewal set forth in G.S. 58-82C-11. 39
140	145		(4) Satisfied all requirements of this Article. 40
141	146		(5) Been determined, by inspection of the State Fire Marshal, to possess the 41
142	147		equipment required for the activities the applicant requests to be licensed to 42
143	148		perform. If the applicant includes in the request the high-pressure hydrostatic 43
144	149		testing of equipment, the applicant must submit a copy of its United States 44
145	150		Department of Transportation approval and renewals. 45
146	151		(6) Submitted to the State Fire Marshal proof of a valid comprehensive liability 46
147	152		insurance policy purchased from an insurer authorized to do business in North 47
148	153		Carolina. The coverage must include bodily injury and property damage, 48
149	154		products liability, completed operations, and contractual liability. The proof 49
150	155		of insurance must also be provided before any license can be renewed. The 50
151	156		minimum amount of the coverage shall be one million dollars ($1,000,000) or 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~Senate Bill 374-First Edition~~
	157	+	Page 4 DRS15160-NNf-29A
153	158		any other amount as specified by the State Fire Marshal. An insurer which 1
154	159		provides this coverage shall notify the State Fire Marshal of any change in 2
155	160		coverage. 3
156	161		(7) Paid the applicable fees set forth in G.S. 58-82C-4. 4
157	162		(8) Paid a nonrefundable filing fee fixed by rule of the State Fire Marshal when 5
158	163		filing an application for an examination if the State Fire Marshal requires an 6
159	164		examination pursuant to this Article. 7
160	165		(9) Successfully passed any examination if the State Fire Marshal requires an 8
161	166		examination pursuant to this Article. 9
162	167		(b) Before approving a permit for an individual pursuant to G.S. 58-82C-3, the State Fire 10
163	168		Marshal shall find that the individual has: 11
164	169		(1) Submitted a completed application pursuant to G.S. 58-82C-8. 12
165	170		(2) Not committed any act that is a ground for denial, suspension, probation, 13
166	171		revocation, or nonrenewal set forth in G.S. 58-82C-11. 14
167	172		(3) Satisfied all requirements of this Article. 15
168	173		(4) Paid the applicable fees set forth in G.S. 58-82C-4. 16
169	174		(5) Paid a nonrefundable filing fee fixed by rule of the State Fire Marshal when 17
170	175		filing an application for an examination if the State Fire Marshal requires an 18
171	176		examination pursuant to this Article. 19
172	177		(6) Successfully passed any examination if the State Fire Marshal requires an 20
173	178		examination pursuant to this Article. 21
174	179		"§ 58-82C-6. Production of license or permit on demand. 22
175	180		(a) Every permittee must have a valid permit upon his or her person at all times while 23
176	181		engaging in the installing, inspection, recharging, repairing, servicing, or testing of fire 24
177	182		suppression systems or portable fire extinguishers. 25
178	183		(b) Every licensee or permittee must be able to produce a valid license or valid permit, as 26
179	184		appropriate, upon demand by the State Fire Marshal or his or her representatives or by any local 27
180	185		authority having jurisdiction for fire protection or prevention or by any individual for whom the 28
181	186		licensee or permittee solicits to perform any of the activities covered by this Article. 29
182	187		"§ 58-82C-7. Reciprocity. 30
183	188		The State Fire Marshal may issue a license or permit under this Article to an individual who 31
184	189		holds a comparable valid permit, license, or certification issued by another state, provided the 32
185	190		minimum requirements of that state are at least equal to the minimum requirements under this 33
186	191		Article for the specific license or permit issued and the individual or firm pays the application 34
187	192		and filing fees required under this Article. 35
188	193		"§ 58-82C-8. Forms of licenses, permits, and applications; information required. 36
189	194		(a) An individual applying for a license or permit under this Article shall apply on a form 37
190	195		prescribed by the State Fire Marshal and declare under penalty of denial, suspension, or 38
191	196		revocation of the license that the statements made in the application are true, correct, and 39
192	197		complete to the best of the individual's knowledge and belief. 40
193	198		(b) Permit applications shall include the name of the licensee employing the applicant or 41
194	199		the name of the firm or governmental entity pursuant to the exemptions found in G.S. 58-82C-3. 42
195	200		(c) Each license or permit issued by the State Fire Marshal under this Article shall clearly 43
196	201		state the activity or activities for which the licensee or permittee has been issued the license or 44
197	202		permit to perform. The licensee or permittee shall not perform any activity not noted on a license 45
198	203		or permit issued by the State Fire Marshal. 46
199	204		(d) A licensee or permittee shall notify the State Fire Marshal within 30 days of any 47
200	205		change to the information provided to the State Fire Marshal on the license or permit application. 48
201	206		(e) The State Fire Marshal shall give an applicant 60 days to correct any deficiencies 49
202	207		discovered by inspection. 50
203	208		"§ 58-82C-9. Terms of licenses and permits; failure to renew. 51 General Assembly Of North Carolina Session 2025
204		-	~~Senate Bill 374-First Edition~~ Page 5
	209	+	DRS15160-NNf-29A Page 5
205	210		(a) The licenses and permits required by this Article shall be issued by the State Fire 1
206	211		Marshal for each license year beginning January 1 and expiring the following December 31. 2
207	212		(b) The failure to renew a license or permit by December 31 will cause the license or 3
208	213		permit to become inoperative. A license or permit which is inoperative because of the failure to 4
209	214		renew the license or permit shall be restored upon payment of the applicable fee, plus a penalty 5
210	215		equal to the applicable fee, if the fees are paid within 90 days of expiration. After 90 days, the 6
211	216		former licensees and former permittees must apply for new licenses and permits as required for 7
212	217		an initial license or permit. 8
213	218		"§ 58-82C-10. License or permit sanction and denial procedures. 9
214	219		(a) The suspension, placing on probation, revocation, denial, or refusal to renew any 10
215	220		license or permit under this Article shall be in accordance with the provisions of Chapter 150B 11
216	221		of the General Statutes. 12
217	222		(b) Whenever the State Fire Marshal denies an initial application or an application for a 13
218	223		reissuance of a license or permit under this Article, the State Fire Marshal shall notify the 14
219	224		applicant and advise, in writing, the applicant of the reasons for the denial of the license. The 15
220	225		applicant may also be denied for any reasons for which a license may be suspended or revoked 16
221	226		or not renewed under G.S. 58-82C-11. 17
222	227		(c) In order for an applicant to be entitled to a review of the State Fire Marshal's action 18
223	228		to determine the reasonableness of the action, the applicant must make a written demand upon 19
224	229		the State Fire Marshal for a review no later than 30 days after service of the notification upon the 20
225	230		applicant. The review shall be completed without undue delay, and the applicant shall be notified 21
226	231		promptly in writing of the outcome of the review. 22
227	232		(d) In order for an applicant who disagrees with the outcome of the review to be entitled 23
228	233		to a hearing under Article 3A of Chapter 150B of the General Statutes, the applicant must make 24
229	234		a written demand upon the State Fire Marshal for a hearing no later than 30 days after service 25
230	235		upon the applicant of the notification of the outcome. 26
231	236		(e) A licensee or permittee whose license or permit is suspended, revoked, or not renewed 27
232	237		shall surrender the license or permit to the State Fire Marshal within 30 days of the suspension, 28
233	238		revocation, or nonrenewal. 29
234	239		(f) During the suspension or revocation of any license or permit, the licensee or permittee 30
235	240		whose license or permit has been suspended or revoked shall not engage in or attempt or profess 31
236	241		to engage in any transaction or business for which a license or permit is required under this 32
237	242		Article or directly or indirectly own, control, or be employed in any manner by any firm, business, 33
238	243		or corporation for which a license or permit under this Article is required. 34
239	244		(g) If, during the period between the beginning of proceedings and the entry of an order 35
240	245		of suspension or revocation by the State Fire Marshal, a new license or permit has been issued to 36
241	246		the individual or firm charged, the order of suspension or revocation shall operate to suspend or 37
242	247		revoke, as the case may be, the new license or permit held by the individual or firm. 38
243	248		(h) The State Fire Marshal shall not, so long as the revocation or suspension remains in 39
244	249		effect, issue any new license or permit for the establishment of any new firm, business, or 40
245	250		corporation of any individual or applicant that has or will have the same or similar management, 41
246	251		ownership, control, employees, permittees, or licensees or will use the same or a similar name as 42
247	252		the revoked or suspended firm, business, corporation, individual, or applicant. 43
248	253		"§ 58-82C-11. Grounds for denial, suspension, probation, revocation, or nonrenewal of 44
249	254		licenses or permits. 45
250	255		The State Fire Marshal may deny, suspend, place on probation, revoke, or refuse to renew 46
251	256		any license or permit under this Article, in accordance with the provisions of Article 3A of 47
252	257		Chapter 150B of the General Statutes, for any one or more of the following reasons: 48
253	258		(1) Performing any action for which a license or permit is required under this 49
254	259		Article without having first obtained such license or permit. 50 General Assembly Of North Carolina Session 2025
255		-	Page 6 ~~Senate Bill 374-First Edition~~
	260	+	Page 6 DRS15160-NNf-29A
256	261		(2) Improperly installing, recharging, repairing, servicing, inspecting, or testing a 1
257	262		portable fire extinguisher or fire suppression system. 2
258	263		(3) Rendering inoperative a portable fire extinguisher or pre-engineered or 3
259	264		engineered fire suppression system covered by this Article, except during the 4
260	265		time the extinguisher or system is being inspected, recharged, repaired, 5
261	266		serviced, or tested or except pursuant to court order. 6
262	267		(4) Material misstatement, misrepresentation, or fraud in obtaining a license or 7
263	268		permit under this Article. 8
264	269		(5) Failing to provide proof of or maintain the minimum comprehensive liability 9
265	270		insurance coverage as set forth in G.S. 58-82C-5. 10
266	271		(6) Failing to notify the State Fire Marshal, in writing, within 30 days after a 11
267	272		change of any information required on applications under G.S. 58-82C-8. 12
268	273		(7) Cheating on an examination for a license or permit, if an examination is 13
269	274		required by the State Fire Marshal pursuant to this Article. 14
270	275		(8) Having any professional license denied, suspended, or revoked in this State or 15
271	276		any other jurisdiction for causes substantially similar to those listed in this 16
272	277		subsection. 17
273	278		(9) Failing or refusing to comply with a cease and desist order or any other notice 18
274	279		or order to correct a violation related to conduct governed by this Article. 19
275	280		(10) Retaining an officer, director, stockholder, owner, or individual who has a 20
276	281		direct or indirect interest that has had his or her license or permit suspended 21
277	282		or revoked under this Article. 22
278	283		(11) Serving or previously serving as an officer, director, stockholder, or owner of 23
279	284		a firm, business, or corporation whose license or permit has been suspended 24
280	285		or revoked under this Article, or who has or had a direct or indirect interest in 25
281	286		a firm, business, or corporation whose license or permit has been suspended 26
282	287		or revoked under this Article. 27
283	288		(12) While holding a permit or license, using a license or permit or license number 28
284	289		or permit number other than his or her own valid license or permit or license 29
285	290		number or permit number. 30
286	291		(13) Using credentials, methods, means, or practices to impersonate a 31
287	292		representative of the State Fire Marshal or any local fire chief, fire marshal, 32
288	293		or other fire authority having jurisdiction. 33
289	294		(14) Any cause for which the issuance of the license or permit could have been 34
290	295		denied had it been known to the State Fire Marshal at the time of issuance. 35
291	296		(15) Failing to obtain, retain, or maintain one or more of the qualifications for a 36
292	297		license or permit required by this Article. 37
293	298		(16) Knowingly aiding or abetting others to evade or violate the provisions of this 38
294	299		Article. 39
295	300		(17) Failing to comply with an administrative or court order imposing a child 40
296	301		support obligation, after entry of a final judgment or order finding the 41
297	302		violation to have been willful. 42
298	303		(18) Failing to pay State income tax or comply with any administrative or court 43
299	304		order directing payment of State income tax, after entry of a final judgment or 44
300	305		order finding the violation to have been willful. 45
301	306		(19) Conviction of a crime involving dishonesty, a breach of trust, or moral 46
302	307		turpitude. 47
303	308		(20) Violating any other provision of this Article or any rule or regulation adopted 48
304	309		and promulgated pursuant to this Article. 49
305	310		(21) Any cause sufficient to deny, suspend, or revoke the license or permit under 50
306	311		any other provision of this Article. 51 General Assembly Of North Carolina Session 2025
307		-	~~Senate Bill 374-First Edition~~ Page 7
	312	+	DRS15160-NNf-29A Page 7
308	313		"§ 58-82C-12. Cease and desist orders; period of revocation. 1
309	314		(a) Whenever the State Fire Marshal shall have reason to believe that any individual or 2
310	315		firm is or has been violating any provisions of this Article, the State Fire Marshal may issue and 3
311	316		deliver to the individual or firm an order to cease and desist the violation. 4
312	317		(b) Any order issued by the State Fire Marshal under this section shall contain or be 5
313	318		accompanied by a notice of opportunity for hearing which may provide that a hearing will be 6
314	319		held if and only if an individual subject to the order requests a hearing within 30 days of receipt 7
315	320		of the order and notice. The order and notice shall be served by hand delivery by the State Fire 8
316	321		Marshal or by registered or certified mail. 9
317	322		(c) Failure to comply with a cease and desist order is cause for revocation of any or all 10
318	323		permits and licenses issued by the State Fire Marshal for a period of not less than six months and 11
319	324		not to exceed five years. If a new permit or license has been issued to the individual or firm, the 12
320	325		order of revocation shall operate effectively with respect to the new permits and licenses held by 13
321	326		the individual or firm. 14
322	327		(d) In the case of an applicant for a license or permit, violation of any provision of this 15
323	328		title may constitute grounds for refusal of the application. 16
324	329		"§ 58-82C-13. Civil penalty; injunction. 17
325	330		(a) Any individual or firm who violates any provision of this Article or any rule or order 18
326	331		issued by the State Fire Marshal under this Article shall be subject to a civil penalty imposed by 19
327	332		the State Fire Marshal of not more than one thousand dollars ($1,000) for a first offense, not less 20
328	333		than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) for a second 21
329	334		offense, and not less than two thousand dollars ($2,000) or more than five thousand dollars 22
330	335		($5,000) for a third or subsequent offense. 23
331	336		(b) Prior to subjecting any individual or firm to a fine under this section, the State Fire 24
332	337		Marshal shall give written notice to the individual or firm by hand delivery or by registered or 25
333	338		certified mail of the existence of the violations. After a reasonable period of time after notice is 26
334	339		given, an order may be issued based on this section. The order must be delivered in accordance 27
335	340		with the provisions of G.S. 58-82C-12(b) and must notify the individual or firm of the right to a 28
336	341		hearing with respect to the order. 29
337	342		(c) In addition to other powers granted to the State Fire Marshal under this Article, the 30
338	343		State Fire Marshal may bring a civil action to enjoin a violation of any provision of this Article 31
339	344		or of any rule or order issued by the State Fire Marshal under this Article. 32
340	345		"§ 58-82C-14. Criminal penalty. 33
341	346		(a) Any individual or firm that willfully or intentionally violates any provision of this 34
342	347		Article or any order or rule of the State Fire Marshal shall be guilty of a Class 1 misdemeanor. 35
343	348		(b) It shall also constitute a Class 1 misdemeanor to willfully or intentionally do any of 36
344	349		the following: 37
345	350		(1) Obliterate the serial number on a fire suppression system or portable fire 38
346	351		extinguisher for the purposes of falsifying service records. 39
347	352		(2) Improperly install a fire suppression system or improperly recharge, repair, 40
348	353		service, or test any fire suppression system or portable fire extinguisher. 41
349	354		(3) While holding a permit or license, allow another individual to use the permit 42
350	355		or license or permit number or license number or to use a license or permit or 43
351	356		license number or permit number other than his or her own valid license or 44
352	357		permit or license number or permit number. 45
353	358		(4) Use or permit the use of any license by an individual or firm other than the 46
354	359		one to whom the license is issued. 47
355	360		(5) Use any credential, method, means, or practice to impersonate a representative 48
356	361		of the State Fire Marshal or any local fire chief, fire marshal, or other fire 49
357	362		authority having jurisdiction. 50 General Assembly Of North Carolina Session 2025
358		-	Page 8 ~~Senate Bill 374-First Edition~~
	363	+	Page 8 DRS15160-NNf-29A
359	364		(6) Engage in the business of installing, inspecting, recharging, repairing, 1
360	365		servicing, or testing portable fire extinguishers or fire suppression systems 2
361	366		except in conformity with the provisions of this Article and the applicable 3
362	367		rules and regulations of the State Fire Marshal. 4
363	368		(7) Fail to comply with a cease and desist order under G.S. 58-82C-12. 5
364	369		"§ 58-82C-15. Power of the State and local governments to regulate not limited. 6
365	370		(a) Nothing in this Article limits the power of the State or a unit of local government to 7
366	371		require the submission and approval of plans and specifications or to regulate the quality and 8
367	372		character of work performed by contractors for the protection of the public health and safety. 9
368	373		(b) No unit of local government shall impose any other requirements on individuals 10
369	374		licensed or permitted by the State Fire Marshal as set forth in this Article to prove competency 11
370	375		to conduct any activity covered by the license or permit." 12
371	376		SECTION 2. The Office of the State Fire Marshal may adopt temporary rules to 13
372	377		implement the provisions of this act. Any temporary rules adopted in accordance with this section 14
373	378		shall remain in effect until permanent rules that replace the temporary rules become effective. 15
374	379		SECTION 3. This act becomes effective October 1, 2025. 16