NC
North Carolina Senate Bill S602

North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S602 Compare Versions

OldNewDifferences
11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 2
3+S 1
44 SENATE BILL 602
5-Commerce and Insurance Committee Substitute Adopted 4/15/25
5+
66
77 Short Title: H'cane Helene Bldg Code Window Exemption. (Public)
8-Sponsors:
9-Referred to:
8+Sponsors: Senator Hise (Primary Sponsor).
9+Referred to: Rules and Operations of the Senate
1010 March 26, 2025
11-*S602 -v-2*
11+*S602 -v-1*
1212 A BILL TO BE ENTITLED 1
1313 AN ACT TO AUTHORIZE A TEMPORARY EXEMPTIO N FROM CERTAIN STATE 2
1414 BUILDING CODE REQUIREMENTS PERTAINING TO FIRE-RESISTANT WINDOWS 3
1515 FOR DOWNTOWN, COMMER CIAL STRUCTURES DAMA GED BY HURRICANE 4
1616 HELENE. 5
1717 The General Assembly of North Carolina enacts: 6
1818 SECTION 1. For purposes of this act, the following definitions apply: 7
1919 (1) Eligible building. – A commercial building or structure that meets all of the 8
2020 following: 9
2121 a. The building or structure is located in a Helene-affected county, as 10
22-defined by this section, that existed prior to September 27, 2024, and 11
22+defined by this section, that existed prior to September 27, 2024 and 11
2323 was directly damaged or destroyed by Hurricane Helene. 12
2424 b. The building or structure must be solely classified as a commercial 13
2525 occupancy under the North Carolina State Building Code and not 14
2626 classified under any residential or mixed-use occupancy group in the 15
2727 North Carolina State Building Code. 16
2828 c. The building or structure must be located within the central business 17
29-district or downtown commercial district, as of September 27, 2024, 18
30-of a city, as defined by G.S. 160A-1. 19
29+district or downtown commercial district of a city or town, as defined 18
30+by that municipality's governing board or zoning maps. 19
3131 d. The building or structure must be undergoing reconstruction, 20
3232 rebuilding, rehabilitation, or repair solely for the purpose of restoring 21
3333 the building to substantially its previous condition, use, occupancy, 22
3434 and size, without expanding its original footprint, height, or changing 23
3535 its occupancy classification under the North Carolina State Building 24
3636 Code. 25
3737 (2) Fire-resistant window requirements. – Any provision of the North Carolina 26
3838 State Building Code, including the Building Code and the Residential Code, 27
3939 requiring the installation of fire-resistant or fire-rated windows, window 28
4040 glazing, or other fire-rated opening protections for exterior or interior wall 29
4141 openings when constructing, altering, or repairing a building. This includes 30
4242 window requirements for fire protection based on building use, occupancy, 31
4343 proximity to property lines, fire separation distance, interior fire barriers, 32
4444 corridors, partitions, or location in fire-prone areas. 33
4545 (3) Helene-affected county. – Any county in North Carolina declared a major 34
4646 disaster by the President of the United States under the Stafford Act (P.L. 35
4747 93-288) as a result of Hurricane Helene. 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 602-Second Edition
48+Page 2 Senate Bill 602-First Edition
4949 SECTION 2.(a) Window Exemption for Eligible Buildings. – Notwithstanding any 1
5050 provision of the North Carolina State Building Code, G.S. 143-138, or any other law to the 2
5151 contrary, the owner of an eligible building may elect to reconstruct or repair the building with 3
5252 window assemblies having the same fire-protection rating that existed in the building as of 4
5353 September 27, 2024, without being required to upgrade to the current fire-resistant window 5
54-assemblies required by the North Carolina State Building Code. This exemption applies solely 6
55-to the North Carolina State Building Code provisions mandating a higher or upgraded 7
56-fire-protection rating or fire-resistant glazing for window openings. This exemption is available 8
57-only when the work on the eligible building is solely to restore damage caused by Hurricane 9
58-Helene and does not include additions or changes that would otherwise trigger the higher 10
59-fire-resistant window requirements. 11
60-SECTION 2.(b) Limitation on Exemption. – If the exemption provided by this act 12
61-is elected for an eligible building, all other applicable provisions of the North Carolina State 13
62-Building Code shall remain in full force and effect. The exemption provided by this section does 14
63-not relieve the building from compliance with other fire safety or North Carolina State Building 15
64-Code requirements. 16
65-SECTION 2.(c) Required Affidavit. – A building owner electing to utilize the 17
66-exemption provided by this section shall submit a written affidavit to the local building 18
67-inspections department with the building permit application and prior to the installation of any 19
68-windows. The affidavit shall be signed by the owner and notarized to constitute a legally binding 20
69-statement. The local building inspections department shall retain the affidavit with the building 21
70-permit records and note the exemption on the certificate of occupancy. The affidavit shall include 22
71-all of the following: 23
72-(1) A citation to this act and confirmation that the building qualifies as an eligible 24
73-building under subdivision (1) of Section 1 of this act. 25
74-(2) A statement that the owner voluntarily assumes any risks associated with not 26
75-installing fire-resistant window assemblies. 27
76-(3) Identification of the specific window installations for which the exemption is 28
77-claimed. 29
78-SECTION 2.(d) Expiration of Exemption. – To utilize the exemption provided by 30
79-this section, an owner shall claim the exemption with submission of their building permit 31
80-application within two years of the effective date of this act. Buildings with windows installed 32
81-under the exemption may continue to use those windows following the expiration of the two-year 33
82-period specified by this section; however, any subsequent renovations or additions shall comply 34
83-with the State Building Code as then in effect. 35
84-SECTION 2.(e) Liability Protection. – No state or local government, building code 36
85-official, inspector, or department shall be liable for any damages arising directly or indirectly 37
86-from a building owner's use of the exemption provided by this section. 38
87-SECTION 2.(f) Rulemaking. – The Office of the State Fire Marshal and the North 39
88-Carolina Building Code Council may adopt rules to implement the provisions of this act. The 40
89-Office of the State Fire Marshal shall produce a standard form to provide to local code 41
90-enforcement officials that may be provided to building owners upon request for purposes of the 42
91-affidavit requirements of subsection (c) of this section. 43
92-SECTION 3. This act is effective when it becomes law and applies to eligible 44
93-buildings for which a Certificate of Occupancy is issued on or after that date. 45
54+assemblies required by the State Building Code. This exemption applies solely to the State 6
55+Building Code provisions mandating a higher or upgraded fire-protection rating or fire-resistant 7
56+glazing for window openings. This exemption is available only when the work on the eligible 8
57+building is solely to restore damage caused by Hurricane Helene and does not include additions 9
58+or changes that would otherwise trigger the higher fire-resistant window requirements. 10
59+SECTION 2.(b) Limitation on Exemption. – If the exemption provided by this act 11
60+is elected for an eligible building, all other applicable provisions of the State Building Code shall 12
61+remain in full force and effect. The exemption provided by this section does not relieve the 13
62+building from compliance with other fire safety or State Building Code requirements. 14
63+SECTION 2.(c) Required Affidavit. – A building owner electing to utilize the 15
64+exemption provided by this section shall submit a written affidavit to the local building 16
65+inspections department with the building permit application and prior to the installation of any 17
66+windows. The affidavit shall be signed by the owner and notarized to constitute a legally binding 18
67+statement. The local building inspections department shall retain the affidavit with the building 19
68+permit records and note the exemption on the certificate of occupancy. The affidavit shall include 20
69+all of the following: 21
70+(1) A citation to this act and confirmation that the building qualifies as an eligible 22
71+building under subdivision (1) of Section 1 of this act. 23
72+(2) A statement that the owner voluntarily assumes any risks associated with not 24
73+installing fire-resistant window assemblies. 25
74+(3) An acknowledgment that alternative means of fire protection have been 26
75+considered and discussed with the project's contractors or design 27
76+professionals. 28
77+(4) Identification of the specific window installations for which the exemption is 29
78+claimed. 30
79+SECTION 2.(d) Expiration of Exemption. – To utilize the exemption provided by 31
80+this section, an owner shall claim the exemption with submission of their building permit 32
81+application within two years of the effective date of this act. Buildings with windows installed 33
82+under the exemption may continue to use those windows following the expiration of the two-year 34
83+period specified by this section; however, any subsequent renovations or additions shall comply 35
84+with the State Building Code as then in effect. 36
85+SECTION 2.(e) Liability Protection. – No state or local government, building code 37
86+official, inspector, or department shall be liable for any damages arising directly or indirectly 38
87+from a building owner's use of the exemption provided by this section. 39
88+SECTION 2.(f) Rulemaking. – The Office of the State Fire Marshal and the North 40
89+Carolina Building Code Council may adopt rules to implement the provisions of this act. The 41
90+Office of the State Fire Marshal shall produce a standard form to provide to local code 42
91+enforcement officials that may be provided to building owners upon request for purposes of the 43
92+affidavit requirements of subsection (c) of this section. 44
93+SECTION 3. This act is effective when it becomes law and applies to eligible 45
94+buildings for which construction or repair work is commenced on or after that date. 46