North Carolina 2025 2025-2026 Regular Session

North Carolina Senate Bill S95 Amended / Bill

Filed 02/17/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
S 	1 
SENATE BILL 95 
 
 
Short Title: Promote NC Sawmills. 	(Public) 
Sponsors: Senators Hanig and Moffitt (Primary Sponsors). 
Referred to: Rules and Operations of the Senate 
February 17, 2025 
*S95-v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO PROMOTE LOCAL SAWMILLS BY ALLO WING THE USE OF UNGRADED 2 
LUMBER IN CERTAIN CIRCUMSTANCES. 3 
The General Assembly of North Carolina enacts: 4 
SECTION 1.(a) Definitions. โ€“ For purposes of this section, the following definitions 5 
apply: 6 
(1) Dimension lumber. โ€“ Lumber that has not been grade-stamped under the 7 
authority of a lumber grading bureau. 8 
(2) Small mill. โ€“ A sawmill that mills less than 1,000,000 board feet of lumber 9 
per year. 10 
SECTION 1.(b) The North Carolina Residential Code Council shall amend the 11 
North Carolina Residential Code in order to permit dimension lumber that has not been 12 
grade-stamped under the authority of a lumber grading bureau to be used in the construction of 13 
one- and two-family dwellings, when that use meets all of the following requirements: 14 
(1) The lumber is sold directly by the owner or employee of the sawmill that 15 
milled the lumber to the owner of the dwelling to be constructed or that 16 
person's authorized representative. 17 
(2) The dimension lumber meets or exceeds the requirements of the North 18 
Carolina Residential Code other than the requirements that only 19 
grade-stamped lumber be used in residential construction. 20 
(3) The operator of the sawmill has a certificate from a state-approved lumber 21 
grading training program, certifies that the lumber conforms with product and 22 
inspection standards under American Softwood Lumber Standard PS20, and 23 
marks the lumber with (i) the mill number, name, or abbreviation, (ii) the 24 
species or combination of species of the lumber, (iii) whether the lumber was 25 
dry or green when manufactured as required by American Softwood Lumber 26 
Standard PS20, and (iv) whether the lumber conforms with PS20 standards. 27 
(4) The appropriate code enforcement official reviews the framing of the dwelling 28 
to ensure that it meets the requirements of the North Carolina Residential 29 
Code in all respects other than the requirements that only grade-stamped 30 
lumber be used in residential construction. The code enforcement official shall 31 
not be liable for any structural failure that occurs as a result of the use of 32 
dimension lumber rather than grade-stamped lumber. 33 
(5) The sawmill provides to the purchaser a certificate containing all of the 34 
following information: 35  General Assembly Of North Carolina 	Session 2025 
Page 2  	Senate Bill 95-First Edition 
a. A statement of the species of wood, quantity milled, and address where 1 
the lumber will be used. 2 
b. The name of the sawmill operator certified pursuant to G.S. 143-138.2 3 
who milled the lumber. 4 
c. A certification that the lumber meets or exceeds the requirements of 5 
the North Carolina Residential Code with the exception that it has not 6 
been grade-stamped by an accredited lumber grading bureau. 7 
d. The date of sale of the lumber. 8 
SECTION 1.(c) The North Carolina Residential Code Council shall amend the North 9 
Carolina Residential Code and the North Carolina Building Code Council shall amend the North 10 
Carolina Building Code in order to permit dimension lumber that has not been grade-stamped 11 
under the authority of a lumber grading bureau to be used in the construction of one- and 12 
two-family dwellings and structures classified as Residential Group R-2 or R-3, when that use 13 
meets all of the following requirements: 14 
(1) The lumber is sold directly by the owner or employee of a small mill or a 15 
mobile sawmill that milled the lumber to the owner of the structure to be 16 
constructed or that person's authorized representative. 17 
(2) The dimension lumber meets or exceeds the requirements of the North 18 
Carolina Residential Code or the North Carolina Building Code, as applicable, 19 
other than the requirements that only grade-stamped lumber be used in 20 
residential construction. 21 
(3) The operator of the small mill or mobile sawmill has a certificate from a 22 
state-approved lumber grading training program, certifies that the lumber 23 
conforms with product and inspection standards under American Softwood 24 
Lumber Standard PS20, and marks the lumber with (i) the mill number, name, 25 
or abbreviation, (ii) the species or combination of species of the lumber, (iii) 26 
whether the lumber was dry or green when manufactured as required by 27 
American Softwood Lumber Standard PS20, and (iv) whether the lumber 28 
conforms with PS20 standards. 29 
(4) The appropriate code enforcement official reviews the framing of the structure 30 
to ensure that it meets the requirements of the North Carolina Residential 31 
Code or the North Carolina Building Code, as applicable, in all respects other 32 
than the requirements that only grade-stamped lumber be used in residential 33 
construction. The code enforcement official shall not be liable for any 34 
structural failure that occurs as a result of the use of dimension lumber rather 35 
than grade-stamped lumber. 36 
(5) The small mill or mobile sawmill provides to the purchaser a certificate 37 
containing all of the following: 38 
a. A statement of the species of wood, quantity milled, and address where 39 
the lumber will be used. 40 
b. The name of the sawmill operator certified pursuant to G.S. 143-138.2 41 
who milled the lumber. 42 
c. A certification that the lumber meets or exceeds the requirements of 43 
the North Carolina State Building Code with the exception that it has 44 
not been grade-stamped by an accredited lumber grading bureau. 45 
d. The date of sale of the lumber. 46 
SECTION 1.(d) The Residential Code Council and Building Code Council shall 47 
adopt temporary rules to implement the requirements of this section no later than 180 days after 48 
the effective date of this section. The Residential Code Council and Building Code Council shall 49 
also adopt permanent rules to replace the temporary rules. 50  General Assembly Of North Carolina 	Session 2025 
Senate Bill 95-First Edition  	Page 3 
SECTION 2.(a) Article 9 of Chapter 143 of the General Statutes is amended by 1 
adding a new section to read: 2 
"ยง 143-138.2.  Lumber grading training program. 3 
(a) The North Carolina Cooperative Extension Service shall establish a basic lumber 4 
grading training program for individuals and establish the general requirements for successfully 5 
completing the training program, including requirements for initial certification and for 6 
recertification. The North Carolina Cooperative Extension Service shall offer the training 7 
program at least annually. The Extension Forestry staff, in cooperation with the staff of the North 8 
Carolina Forest Service, shall develop and establish the content of the training program, 9 
determine the certification requirements for instructors teaching the training program, and 10 
determine the criteria for determining successful completion of the training program. Instructors 11 
shall be approved by the North Carolina Cooperative Extension Service. 12 
(b) The North Carolina Cooperative Extension Service may, in its discretion, authorize 13 
one or more private lumber grading training programs, provided that the content of the private 14 
programs and certification requirements for instructors and criteria for successful completion of 15 
the training program are at least as stringent as the program offered by the North Carolina 16 
Cooperative Extension Service. An authorized private training program may issue initial 17 
certifications and recertifications. 18 
(c) An individual holding an initial certification from the program established by 19 
subsection (a) of this section, from a private program authorized under subsection (b) of this 20 
section, or from a state-approved lumber grading program in another state who mills lumber in 21 
the State shall be recertified under the training program every five years. 22 
(d) An individual who holds an initial certification from the program established by 23 
subsection (a) of this section, from a private program authorized under subsection (b) of this 24 
section, or from a state-approved lumber grading program in another state shall register with the 25 
North Carolina Forest Service before selling lumber that has not been grade-stamped under the 26 
authority of a lumber grading bureau directly to the owner of a structure for use in construction 27 
of the structure." 28 
SECTION 2.(b) The North Carolina Cooperative Extension Service shall establish 29 
the basic lumber grading training program no later than 180 days after the effective date of this 30 
section. 31 
SECTION 3. G.S. 160D-1110 is amended by adding a new subsection to read: 32 
"(b1) For a structure constructed with lumber that has not been grade-stamped under the 33 
authority of a lumber grading bureau, a building permit applicant shall submit with the building 34 
permit application all of the following: 35 
(1) A statement of the species of wood, quantity, and address where the lumber 36 
will be used. 37 
(2) The name of the sawmill operator certified pursuant to G.S. 143-138.2 who 38 
milled the lumber. 39 
(3) A certification that the lumber meets or exceeds the requirements of the North 40 
Carolina State Building Code with the exception that it has not been 41 
grade-stamped by an accredited lumber grading bureau. 42 
(4) The date of sale of the lumber." 43 
SECTION 4. Section 1 of this act is effective when it becomes law and expires when 44 
the Residential Code Council and Building Code Council have issued permanent rules 45 
substantially similar to Sections 1(b) and 1(c) of this act and notifies the Codifier of Statutes that 46 
it has done so. Section 3 of this act becomes effective on the date that the temporary rules required 47 
to be adopted by the Residential Code Council and Building Code Council by Section 1 of this 48 
act become effective. The remainder of this act is effective when it becomes law. 49