GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	3 

SENATE BILL 905
Pensions and Retirement/Insurance/State Personnel Committee Substitute Adopted 5/25/95
House Committee Substitute Favorable 6/18/96

Short Title:  Fire and Rescue/Fire Protection.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

May 1, 1995

A BILL TO BE ENTITLED
AN ACT TO AFFECT THE MEMBERSHIP OF THE STATE FIRE AND RESCUE COMMISSION AND TO FACILITATE FIRE WARNING AND SUPPLEMENTAL FIRE PROTECTION SYSTEMS IN STUDENT HOUSING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 58-78-1 reads as rewritten:
"§ 58-78-1.  State Fire and Rescue Commission created; membership.
(a)	There is created the State Fire and Rescue Commission of the Department, which shall be composed of 15 voting members to be appointed as follows:
(1)	The Commissioner shall appoint twelve members, two from nominations submitted by the North Carolina State Firemen's Association, one from nominations submitted by the North Carolina Association of Fire Chiefs, one from nominations submitted by the Professional Firefighters of North Carolina Association, one from nominations submitted by the North Carolina Society of Fire Service Instructors, one from nominations submitted by the North Carolina Association of County Fire Marshals, one from nominations submitted by the North Carolina Fire Marshal's Association, two from nominations submitted by the North Carolina Association of Rescue and Emergency Medical Services, Inc., one mayor or other elected city official nominated by the President of the League of Municipalities, one county commissioner nominated by the President of the Association of County Commissioners, and one from the public at large;
(2)	The Governor shall appoint one member from the public at large; and
(3)	The General Assembly shall appoint two members from the public at large, one upon the recommendation of the Speaker of the House of Representatives pursuant to G.S. 120-121, and one upon the recommendation of the President of the Senate pursuant to G.S. 120-121.
Public members may not be employed in State government and may not be directly involved in fire fighting or rescue services.
(b)	Of the members initially appointed by the Commissioner, the nominees of the North Carolina State Firemen's Association and the nominees of the North Carolina Association of Fire Chiefs and the nominees of the Professional Firefighters of North Carolina Association and of the North Carolina Association of Rescue and Emergency Medical Services, Inc., shall serve three-year terms; the nominees from the North Carolina Society of Fire Service Instructors, the North Carolina Association of County Fire Marshals, and the North Carolina Fire Marshal's Association shall serve two-year terms; and the mayor or other elected city official, the county commissioner, and the member from the public at large shall serve one-year terms.  The Governor's initial appointee shall serve a three-year term.  The General Assembly's initial appointees shall serve two-year terms.  Thereafter all terms shall be for three years.
(c)	Vacancies shall be filled by the original appointer in the same manner as the original appointment was made, except that vacancies in the appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.
(d)	Appointed members shall serve until their successors are appointed and qualified.
(e)	The following State officials, or their designees, shall serve by virtue of their offices as nonvoting members of the Commission:  the Commissioner of Insurance, the Commissioner of Labor, the Attorney General, the Secretary of Crime Control and Public Safety, the Secretary of Environment, Health, and Natural Resources, and the President of the Department of Community Colleges.
(f)	Members of the Commission shall receive per diem and necessary travel and subsistence allowances in accordance with the provisions of G.S. 138-5 or G.S. 138-6, as appropriate."
Sec. 2.  Article 1 of Chapter 116 of the General Statutes is amended by adding a new Part to read:
"Part 7.  Fire Safety.
"§ 116-44.6.  Definitions.
Unless the context clearly requires another meaning, the following definitions apply in this Part:
(1)	Fraternity or sorority. – A social, professional, or educational incorporated organization that, by official recognition, is affiliated or identified with a public or nonpublic institution of higher education in this State and which maintains a living facility that provides accommodations for five or more students enrolled at the recognition-granting institution of higher education.
(2)	Fund. – The Fire Safety Loan Fund authorized by this Part.
(3)	Living facility. – A sleeping facility capable of overnight accommodation and other capabilities which support continuous occupancy.
(4)	Residence hall. – A living facility maintained by a public or nonpublic institution of higher education in North Carolina or by the North Carolina School of Science and Mathematics for use by enrolled students.
(5)	Supplemental fire safety protection system. – A water system capability which is sized to accommodate the added water supply pressure and volume required for building fire protection.
(6)	Water system. –
a.	A city, county, or sanitary district; or
b.	A water and sewer authority, a metropolitan water district, or county water and sewer district, established pursuant to Chapter 162A of the General Statutes.
"§ 116-44.7.  Exemption from certain fees and charges.
No water system serving a residence hall or fraternity or sorority housing shall levy or collect from such residence hall or fraternity or sorority housing any water-meter fee, water-hydrant fee, tap fee, or similar service fee with respect to supporting a supplemental fire safety protection system.
"§ 116-44.8.  Fire Safety Loan Fund.
(a)	There is established the Fire Safety Loan Fund.  The Fund shall be a revolving loan fund for installing fire safety equipment and systems in fraternity and sorority housing.
(b)	The Fund shall be administered by the Office of the State Treasurer, and that office may establish the policies and procedures that it deems appropriate for the operation of the Fund.
(c)	The Fund shall be operated on a revolving basis with proceeds from the repayment of prior loans being made available for subsequent loans.
(d)	Loans from the Fund shall be secured by a first or second mortgage or other pledge.  Loans shall be made for a period not to exceed 10 years.  Interest shall not be charged on loans from the Fund."
Sec. 3.  This act is effective upon ratification.