GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 368
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Short Title: Office of State Fire Marshal Omnibus Bill.-AB |
(Public) |
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Sponsors: |
Senators Johnson, Barnes, and Lazzara (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 24, 2025
A BILL TO BE ENTITLED
AN ACT Mandating all other peril insurance coverage for certain entities, Authorizing the office of the state fire marshal to contract for services for its Risk management division, mandating participation of public education boards in the State public education property insurance fund, Authorizing the office of the state fire marshal to charge and waive registration fees for advanced fire and rescue courses, Providing state funds for the waiver of registration fees for courses offered by the office of the state fire marshal, Authorizing the state fire and rescue commission to conduct administrative hearings, CLARIfying the POWERS OF THE NORTH CAROLINA HOME INSPECTOR LICENSURE BOARD, Extending exemption from Department of Administration of passenger motor vehicles to the office of the state fire marshal, EXEMPTing MANUFACTURED HOME MANUFACTURERS AND DEALERS FROM SHOWROOM REQUIREMENTS, MODERNIZing TERMINOLOGY FOR THE CODE OFFICIALS QUALIFICATION BOARD, ESTABLISHing FEES AND PROCEDURES FOR Code Officials Qualification BOARD APPROVAL OF TRAINING COURSES, AUTHORIZing THE CREATION OF A VOLUNTARY APPRENTICESHIP PROGRAM FOR CODE ENFORCEMENT OFFICIALS, CLARIFYING ELECTRICAL CODE REQUIREMENTS FOR ENERGIZING BUILDINGS, ENHANCING THE AUTHORITY OF THE STATE FIRE MARSHAL OVER LOCAL INSPECTIONS AND EMERGENCY Electrical INSPECTIONS, REQUIRING REFUNDS AND REMITTANCE OF BUILDING INSPECTION FEES WHEN INSPECTIONS ARE PERFORMED BY STATE and Other OFFICIALS, and ESTABLISHING RECORDS AND REPORTING REQUIREMENTS FOR LOCAL INSPECTION DEPARTMENTS, as recommended by the office of the state fire marshal.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 58‑31A‑10 reads as rewritten:
"§ 58‑31A‑10. Flood insurance.insurance;
all other peril insurance.
(a) Premiums for flood insurance coverage for public education buildings shall be paid by each public education board in accordance with rates fixed by the State Fire Marshal, and the State Fire Marshal may purchase from insurers admitted to do business in North Carolina such insurance or reinsurance as may be necessary to protect the State Public Education Insurance Fund against loss with respect to such insurance coverage.
(b) Every public education board and every charter school approved pursuant to G.S. 115C‑218.5 that insures public education property titled to that board or charter school against the direct loss or damage by insurable hazards in public education buildings and other public education properties in the State Public Education Property Insurance Fund shall obtain and make payment for the all other perils coverage provided by the Fund."
SECTION 1.(b) G.S. 58‑31‑10 reads as rewritten:
"§ 58‑31‑10. Payment of losses on basis of
actual cost of restoration or replacement; rules; insurance and reinsurance;
sprinkler leakage insurance.insurance; all other peril insurance.
…
(d) Every State department, institution, or agency that insures State property against the direct loss or damage by insurable hazards in the State Property Fire Insurance Fund shall obtain and make payment for the all other perils coverage provided by the Fund."
SECTION 1.(c) This section becomes effective July 1, 2025.
part II. Authorize the Office of the State Fire Marshal to contract for specialized or technical services essential to the operation of the Risk Management Division
SECTION 2.(a) G.S. 58‑31A‑15 reads as rewritten:
"§ 58‑31A‑15. Authority and rules for organization of system.
(a) The State Fire Marshal is hereby authorized,
directed, and empowered to establish a division to manage and operate a system
of insurance for public education property. The State Fire Marshal shall adopt such
rules and regulations as may be necessary to provide all details inherent
in the insurance of public education property. The State Fire Marshal shall
employ any staff necessary, which in his or her opinion is necessary to
insure and protect effectively public education property, and he or she shall
fix their compensation consistent with the policies of the State Human
Resources Commission.
(b) The State Fire Marshal shall, through the State's agent of record, contract for any specialized or technical services necessitating expertise not otherwise available within the Office of the State Fire Marshal that are determined by the State Fire Marshal to be essential to efficient operations. Contracts authorized pursuant to this subsection are not subject to Article 3C of Chapter 143 of the General Statutes."
SECTION 2.(b) This section becomes effective July 1, 2025.
part IIi. Mandate participation in the State Public Education Property Insurance Fund unless coverage waiver provided
SECTION 3.(a) G.S. 58‑31A‑25 reads as rewritten:
"§ 58‑31A‑25. Insurance Mandatory
insurance of property by public education boards; notice of election to
insure and information to be furnished; outstanding policies.boards.
(a) Mandatory Insurance in the Fund. – All
public education boards may shall insure all public education
property titled to that board against the direct loss or damage by insurable
hazards in public education buildings and other public education properties in
the Fund. Any property covered by an insurance policy in effect on the date
when the property of a public education board is insured in the Fund shall be
insured by the Fund as of the expiration of the policy. Each public education
board shall give notice of its election to insure in the Fund at least 90 days
prior to such insurance becoming effective and shall furnish to the State Fire
Marshal a full and complete list of all outstanding property insurance
policies, giving in complete detail the name of the insurers, the amount of the
insurance and expirations thereof. While the said insurance policies remain in
effect, the Fund shall act as coinsurer of the properties covered by such
insurance to the same extent and in the same manner as is provided for
coinsurance under the provisions of the standard form of property insurance as
provided by law, and in the event of loss shall have the same rights and duties
as required by participating insurance companies.Fund, unless a waiver
has been approved for that public education board.
(b) Waiver. – A public education board may request a waiver under this section. The Office of the State Fire Marshal shall review and approve a waiver submitted pursuant to this subsection only if the public education board has procured sufficient minimum coverage of relevant perils."
SECTION 3.(b) If any property titled to a public education board is covered by an insurance policy in effect on July 1, 2025, then the Fund shall act as a coinsurer of the properties covered by that insurance until the expiration of that policy.
SECTION 3.(c) This section becomes effective July 1, 2025.
part Iv. North carolina emergency training center State registration fee waiver
SECTION 4.(a) Article 78A of Chapter 58 of the General Statutes is amended by adding a new section to read:
"§ 58‑78A‑18. Emergency Training Center tuition waivers.
(a) Registration Fees. – The Office of the State Fire Marshal shall charge State registration fees for advanced fire and rescue courses delivered by the Office of the State Fire Marshal at the North Carolina Emergency Training Center. The State registration fee charged shall equal the tuition amount set pursuant to G.S. 115D‑39 for equivalent community college courses.
(b) Allowed Tuition Waivers. – The Office of the State Fire Marshal may waive State registration fees for advanced fire and rescue courses delivered by the Office of the State Fire Marshal at the North Carolina Emergency Training Center for all of the following individuals, entities, and members of those entities:
(1) Volunteer fire departments located within North Carolina.
(2) Municipal, county, or State fire departments located within North Carolina.
(3) Emergency medical services or rescue and lifesaving departments located within North Carolina.
(4) Fire, emergency medical services, or rescue and lifesaving entities serving a lake authority that was created by a North Carolina county board of commissioners prior to July 1, 2012.
(5) The Eastern Band of Cherokee Indians fire, emergency medical services, or rescue and lifesaving tribal government departments or programs.
(6) Firefighters, emergency medical services personnel, law enforcement personnel, and rescue and lifesaving personnel whose duty station is located on a military installation within North Carolina.
(7) Law enforcement personnel employed by departments located within North Carolina.
(8) High school students at schools located within North Carolina.
(c) Fees. – The Office of the State Fire Marshal may charge additional fees to cover the costs of textbooks, supplies, and other expenses incurred in the delivery of courses or the operation of the North Carolina Emergency Training Center.
(d) Annual Report. – Annually by February 1 of each year, the Office of the State Fire Marshal shall report to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on General Government on the number and type of waivers granted pursuant to subsection (b) of this section."
SECTION 4.(b) Funds shall be provided to the Office of the State Fire Marshal (OSFM) based on the number of full‑time equivalent (FTE) students enrolled in advanced fire and rescue courses delivered by OSFM at the North Carolina Emergency Training Center for whom State registration fees are waived in accordance with G.S. 58‑78A‑18(b). OSFM shall calculate FTE enrollment in the same manner as community colleges. Funds provided pursuant to this subsection shall be: (i) based on the equivalent tier‑value for community college instruction and (ii) in the same manner as funds are provided to community colleges based on the number of FTE students enrolled in courses for which tuition and registration fees are waived in accordance with G.S. 115D‑5(b). OSFM shall not be considered a community college, as that term is defined in G.S. 115D‑2(2), or subject to the requirements imposed on community colleges by Chapter 115D of the General Statutes.
SECTION 4.(c) This section becomes effective July 1, 2025.
part v. clarify powers and duties of state fire and rescue commission
SECTION 5.(a) G.S. 58‑78‑5 reads as rewritten:
"§ 58‑78‑5. State Fire and Rescue Commission – Powers and duties.
(a) The Commission shall have the following powers and duties:
…
(18) To conduct administrative hearings in accordance with Article 3A of Chapter 150B of the General Statutes.
…."
SECTION 5.(b) G.S. 150B‑38(a) reads as rewritten:
"§ 150B‑38. Scope; hearing required; notice; venue.
(a) The provisions of this Article shall apply to:
…
(5b) The State Fire and Rescue Commission.
…."
SECTION 5.(c) This section becomes effective October 1, 2025, and applies to administrative hearings commenced on or after that date.
PART VI. CLARIFY POWERS OF THE NORTH CAROLINA HOME INSPECTOR LICENSURE BOARD REGARDING LICENSING EDUCATION AND EXAMINATION FEES
SECTION 6.(a) G.S. 143‑151.49 reads as rewritten:
"§ 143‑151.49. Powers and responsibilities of Board.
…
(b) Education Requirements. – The education program adopted by the Board may not consist of more than 200 hours of instruction. The instruction may include field training, classroom instruction, distance learning, peer review, and any other educational format approved by the Board. The Board may adopt rules regarding course content, instructor qualifications, approved course offerings, and other criteria for compliance with the education program."
SECTION 6.(b) G.S. 143‑151.57 reads as rewritten:
"§ 143‑151.57. Fees.
(a) Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in the following table for administering this Article:
Item Maximum Fee
Application for home inspector license $35.00
Home inspector examinationexamination,
in person 80.00
Home inspector examination, online 200.00
Issuance or renewal of home inspector license 160.00
Late renewal of home inspector license 30.00
Application for course approval 150.00
Renewal of course approval 75.00
Course fee, per credit hour per licensee 5.00
Credit for unapproved continuing education course 50.00
Copies of Board rules or licensure standards Cost of printing
and mailing.
…."
SECTION 6.(c) This section becomes effective October 1, 2025.
PART VII. EXEMPT MANUFACTURED HOME MANUFACTURERS AND DEALERS FROM SALESROOM REQUIREMENTS
SECTION 7. G.S. 20‑288 reads as rewritten:
"§ 20‑288. Application for license; license requirements; expiration of license; bond.
…
(d) To obtain a license as a wholesaler, an applicant who intends to sell or distribute self‑propelled vehicles must have an established office in this State, and an applicant who intends to sell or distribute only trailers or semitrailers of more than 2,500 pounds unloaded weight must have a place of business in this State where the records required under this Article are kept.
To obtain a license as a motor vehicle dealer, an applicant who intends to deal in self‑propelled vehicles must have an established salesroom in this State, and an applicant who intends to deal in only trailers or semitrailers of more than 2,500 pounds unloaded weight must have a place of business in this State where the records required under this Article are kept.
An applicant for a license as a manufacturer, a factory branch, a distributor, a distributor branch, a wholesaler, or a motor vehicle dealer must have a separate license for each established office, established salesroom, or other place of business in this State. An application for any of these licenses shall include a list of the applicant's places of business in this State.
This subsection does not apply to manufactured home dealers, as defined by G.S. 143‑143.9(7), or manufactured home manufacturers, as defined by G.S. 143‑143.9(8).
…."
SECTION 8.(a) G.S. 143‑151.8 reads as rewritten:
"§ 143‑151.8. Definitions.
(a) The following definitions apply in this Article:
…
(5) Qualified Code‑enforcement
Code official. – A person qualified under this Article to engage in
the practice of Code enforcement.compliance inspections or review.
…."
SECTION 8.(b) G.S. 143‑151.11 reads as rewritten:
"§ 143‑151.11. Chairman; vice‑chairman; other officers; meetings; reports.
…
(d) The activities and
recommendations of the Board with respect to standards for Code officials
training and certification licensing shall be set forth in
regular and special reports made by the Board. Additionally, the Board shall
present special reports and recommendations to the Governor or the General
Assembly, or both, as the need may arise or as the Governor or the General
Assembly may request."
SECTION 8.(c) G.S. 143‑151.12 reads as rewritten:
"§ 143‑151.12. Powers.
In addition to powers conferred upon the Board elsewhere in this Article, the Board has the power to do the following:
(1) Adopt rules necessary to administer this Article.
(1a) Require State agencies,
local inspection departments, and local governing bodies to submit reports and
information about the employment, education, and training of Code‑enforcement
Code officials.
(2) Establish minimum
standards for employment as a Code‑enforcement Code official:
(i) in probationary or temporary status, and (ii) in permanent positions.
(3) Certify License
persons as being qualified to practice Code compliance
inspections or review under the provisions of this Article to be Code‑enforcement
as Code officials, including persons employed by a federally
recognized Indian Tribe to perform inspections on tribal lands.
(3a) Certify persons as being qualified under the provisions of this Article to be North Carolina State Building Code Permit Technicians.
(4) Consult and cooperate
with counties, municipalities, agencies of this State, other governmental
agencies, and with universities, colleges, junior colleges, community colleges
and other institutions concerning the development of Code‑enforcement Code
compliance inspections or review training schools and programs or courses
of instruction.
(5) Establish minimum
standards and levels of education or equivalent experience for all Code‑enforcement
Code compliance inspections or review instructors, teachers or
professors.
(6) Conduct and encourage
research by public and private agencies that shall be designed to improve
education and training in the administration of Code enforcement.Code
compliance inspections or review.
(7) Adopt and amend bylaws, consistent with law, for its internal management and control; appoint advisory committees as necessary; and enter into contracts and do other things as necessary and incidental to the exercise of its authority pursuant to this Article.
(8) Make recommendations concerning any matters within its purview pursuant to this Article.
(9) Establish within the
Office of the State Fire Marshal a marketplace pool of qualified Code‑enforcement
Code officials available for the following purposes:
a. When requested by the
State Fire Marshal, to assist in the discharge of the State Fire Marshal's duty
under G.S. 143‑139 to supervise, administer, and enforce the North
Carolina State Building Code. The State Fire Marshal shall have the power and
authority to fix and collect reasonable fees for services performed by Code‑enforcement
Code officials under this sub‑subdivision. The State Fire
Marshal may also collect reimbursement, at the rate established under
G.S. 138‑6, for mileage costs incurred by Code‑enforcement Code
officials going to and from inspections conducted under this sub‑subdivision.
The State Fire Marshal shall have no power or authority to fix or collect fees
incurred by local inspection departments under sub‑subdivision b. of this
subdivision.
b. When requested by local
inspection departments, to assist in Code enforcement.compliance
inspections or review."
SECTION 8.(d) G.S. 143‑151.13 reads as rewritten:
"§ 143‑151.13.
Required standards and certificates licenses for Code‑enforcement
Code officials.
(a) No person shall engage
in Code enforcement compliance inspections or review under this
Article unless that person possesses one of the following types of certificates,
licenses, currently valid, issued by the Board attesting to that
person's qualifications to engage in Code enforcement: compliance
inspections or review: (i) a standard certificate; license; (ii)
a limited certificate license provided for in subsection (c) of
this section; or (iii) a probationary certificate license provided
for in subsection (d) of this section. To obtain a standard certificate, license,
a person must pass an examination, as prescribed by the Board or by a
contracting party under G.S. 143‑151.16(d), that is based on the
North Carolina State Building Code and administrative procedures required for
Code enforcement. compliance inspections or review. The Board may
issue a standard certificate of qualification license to each
person who successfully completes the examination. The certificate license
authorizes that person to engage in Code enforcement compliance
inspections or review and to practice as a qualified Code‑enforcement
Code official in North Carolina. The certificate of qualification
license shall bear the signatures of the chairman and secretary of
the Board.
(b) The Board shall issue
one or more standard certificates licenses to each Code‑enforcement
Code official demonstrating the qualifications set forth in
subsection (b1) of this section. Standard certificates licenses are
available for each of the following types of qualified Code‑enforcement
Code officials:
(1) Building inspector.
(2) Electrical inspector.
(3) Mechanical inspector.
(4) Plumbing inspector.
(5) Fire inspector.
(6) Residential changeout inspector.
(b1) The holder of a standard certificate
license may practice Code enforcement compliance
inspections or review only within the inspection area and level described
upon the certificate license issued by the Board. A Code‑enforcement
Code official may qualify and hold one or more certificates. licenses.
These certificates licenses may be for different levels in
different types of positions as defined in this section and in rules adopted by
the Board.
(b2) A Code‑enforcement
Code official holding a certificate license indicating
a specified level of proficiency in a particular type of position may hold a
position calling for that type of qualification anywhere in the State. With
respect to all types of Code‑enforcement Code officials,
those with Level I, Level II, or Level III certificates licenses shall
be qualified to inspect and approve only those types and sizes of buildings as
specified in rules adopted by the Board.
(c) A Code‑enforcement
Code official holding office as of the date specified in this
subsection for the county or municipality by which he is employed, shall not be
required to possess a standard certificate license as a condition
of tenure or continued employment but shall be required to complete such in‑service
training as may be prescribed by the Board. At the earliest practicable date,
such official shall receive from the Board a limited certificate license
qualifying him to engage in Code enforcement compliance
inspections or review at the level, in the particular type of position, and
within the governmental jurisdiction in which he is employed. The limited certificate
license shall be valid only as an authorization for the official to
continue in the position he held on the applicable date and shall become
invalid if he does not complete in‑service training within two years
following the applicable date in the schedule below, according to the
governmental jurisdiction's population as published in the 1970 U.S. Census:
Counties and Municipalities over 75,000 population – July 1, 1979
Counties and Municipalities between 50,001 and 75,000 – July 1, 1981
Counties and Municipalities between 25,001 and 50,000 – July 1, 1983
Counties and Municipalities 25,000 and under – July 1, 1985
All fire prevention inspectors holding office – July 1, 1989. Fire prevention inspectors have until July 1, 1993, to complete in‑service training.
An official holding a limited certificate
license can be promoted to a position requiring a higher level certificate
license only upon issuance by the Board of a standard certificate
license or probationary certificate license appropriate
for such new position.
(d) The Board may provide for
the issuance of probationary or temporary certificates licenses valid
for such period (not less than one year nor more than three years) as specified
by the Board's rules, or until June 30, 1983, whichever is later, to any Code‑enforcement
Code official newly employed or newly promoted who lacks the
qualifications prescribed by the Board as prerequisite to applying for a
standard certificate license under subsection (a). No official
may have a probationary or temporary certificate license extended
beyond the specified period by renewal or otherwise. The Board may provide for
appropriate levels of probationary or temporary certificates licenses
and may issue these certificates licenses with such special
conditions or requirements relating to the place of employment of the person
holding the certificate, license, his supervision on a consulting
or advisory basis, or other matters as the Board may deem necessary to protect
the public safety and health.
(e) The Board shall, without
requiring an examination, issue a standard certificate license to
any person who is currently certified as a county electrical inspector pursuant
to G.S. 160D‑1102. The certificate license issued by
the Board shall authorize the person to serve at the electrical inspector level
approved by the State Fire Marshal in G.S. 160D‑1102.
(f) The Board shall issue a
standard certificate license to any person who passes the
examination required under subsection (a) of this section and is currently
licensed to practice as a(n):any of the following:
(1) Architect, registered licensed
pursuant to Chapter 83A;83A of the General Statutes.
(2) General contractor,
licensed pursuant to Article 1 of Chapter 87;87 of the General
Statutes.
(3) Plumbing or heating
contractor, licensed pursuant to Article 2 of Chapter 87;87 of the
General Statutes.
(4) Electrical contractor,
licensed pursuant to Article 4 of Chapter 87; or,87 of the General
Statutes.
(5) Professional engineer, registered
licensed pursuant to Chapter 89C;89C of the General
Statutes.
provided
the person successfully completes a short course, as prescribed by the Board,
relating to the State Building Code regulations and Code‑enforcement
administration. The standard certificate
license shall authorize the person to practice as a qualified Code‑enforcement
Code official in a particular type of position at the level
determined by the Board, based on the type of license or registration held
in any profession specified above.
(g) A licensed architect or
licensed professional engineer who possesses a valid certificate license
under subsection (f) of this section, but is not employed by the State or a
local government, may utilize that certificate license for the
limited purpose of performing independent third‑party plan review under
subsections (d) and (e) of G.S. 160D‑1110.1.
(h) Notwithstanding any other subsection of this section, the Board, in conjunction with the Office of the State Fire Marshal, may establish a voluntary apprenticeship program for any license issued under this section. The program shall consist of coursework and supervised work under a certified Code official in the relevant discipline. A trainee must pass a standard examination prior to issuance of any license. The Board may charge a fee for participation in the program. The fee shall not exceed the cost of the program."
SECTION 8.(e) G.S. 143‑151.13A reads as rewritten:
"§ 143‑151.13A.
Professional development program for officials.officials; course
sponsor fees.
(a) As used in this section, "official"
means a qualified Code‑enforcement Code official as that
term is defined in G.S. 143‑151.8.
(b) The Board may establish professional development
requirements for officials as a condition of the renewal or reactivation of their
certificates. licenses. The purposes of these professional
development requirements are to assist officials in maintaining professional
competence in their enforcement of the Code and to assure the health, safety,
and welfare of the citizens of North Carolina. An official subject to this
section shall present evidence to the Board at each certificate license
renewal after initial certification, licensure that during
the 12 months before the certificate license expiration date, the
official has completed the required number of credit hours in courses approved
by the Board. Annual continuing education hour requirements shall be determined
by the Board but shall not be more than six credit hours.
(c) The Board may require an individual who earns a certificate
license under programs established in G.S. 143‑151.13 to
complete professional development courses, not to exceed six hours in each
technical area of certification, licensure within one year after
that individual is first employed by a city or county inspection department.
(d) As a condition of reactivating a standard or
limited certificate, license, the Board may require the
completion of professional development courses within one year after
reemployment as an official as follows:
(1) An individual who has been on inactive status for
more than two years and who has not been continuously employed by a city or
county inspection department during the period of inactive status shall
complete professional development courses not to exceed six hours for each
technical area in which the individual is certified.licensed.
(2) An individual who has been on inactive status for
more than two years and who has been continuously employed by a city or county
inspection department during the period of inactive status shall complete
professional development courses not to exceed three hours for each technical
area in which the individual is certified.licensed.
(3) An individual who has been on inactive status for
two years or less shall complete professional development courses not to exceed
two hours for each technical area in which the individual is certified.licensed.
(e) The Board may, for good cause shown, grant extensions of time to officials to comply with these requirements. An official who, after obtaining an extension under this subsection, offers evidence satisfactory to the Board that the official has satisfactorily completed the required professional development courses, is in compliance with this section.
(f) The Board may adopt rules to implement this section, including rules that govern:
(1) The content and subject matter of professional development courses.
(2) The criteria, standards, and procedures for the approval of courses, course sponsors, and course instructors.
(3) The methods of instruction.
(4) The computation of course credit.
(5) The ability to carry‑forward course credit from one year to another.
(6) The waiver of or variance from the professional development required for hardship or other reasons.
(7) The procedures for compliance and sanctions for noncompliance.
(g) Each course sponsor shall pay the Board a fee of one dollar ($1.00) per approved credit hour per individual who successfully completes a course under the provisions of this section.
(h) At the time a course sponsor submits an application to the Board for approval of a course under the provisions of this section, the sponsor shall pay to the State Fire Marshal a filing fee of one hundred dollars ($100.00) per course up to a maximum of two thousand five hundred dollars ($2,500) per calendar year.
(i) An official who selects a course other than one offered by an approved course sponsor and who seeks approval of the course pursuant to rules adopted by the Board shall, upon approval of the course, pay a fee of one dollar ($1.00) per approved credit hour."
SECTION 8.(f) G.S. 143‑151.14 reads as rewritten:
"§ 143‑151.14. Comity.
(a) The Board may, without
requiring an examination, grant a standard certificate license as
a qualified Code‑enforcement Code official for a particular
type of position and level to any person who, at the time of application, is
certified as a qualified Code‑enforcement Code official in
good standing by a similar board of another state, district or territory where
standards are acceptable to the Board and not lower than those required by this
Article for a similar type of position and level in this State.
(b) The Board may, without
requiring an examination, grant a standard certificate license as
a qualified Code‑enforcement Code official for a particular
type of position and level to any person who, at the time of application, is certified
licensed as a qualified Code‑enforcement Code official
in good standing by the International Code Council Council, the
United States Department of Defense, or the International Fire Services
Accreditation Congress where standards and examination are acceptable to
the Board and not lower than those required by this Article for a type of
position and level in this State.
(c) The certificates licenses
granted under subsections (a) and (b) of this section shall expire after
three years unless within that time period the holder completes a short course,
as prescribed by the Board, relating to the State Building Code regulations and
Code‑enforcement Code compliance inspection or review administration.
(d) A fee of not more than twenty dollars ($20.00), as
determined by the Board, must be paid by any applicant to the Board for the
issuance of a certificate license under this section. The
provisions of G.S. 143‑151.16(b) relating to renewal fees and late
renewals shall apply to every person granted a standard certificate license
in accordance with this section."
SECTION 8.(g) G.S. 143‑151.15 reads as rewritten:
"§ 143‑151.15. Return of certificate license
to Board; reissuance by Board.
A certificate license issued
by the Board under this Article is valid as long as the person certified licensed
is employed by the State of North Carolina or any political subdivision
thereof as a Code‑enforcement Code official, or is employed
by a federally recognized Indian Tribe to perform inspections on tribal lands
as a Code‑enforcement Code official. When the person certified
licensed leaves that employment for any reason, he shall return the certificate
license to the Board. If the person subsequently obtains employment
as a Code‑enforcement Code official in any governmental
jurisdiction described above, the Board may reissue the certificate license
to him. The provisions of G.S. 143‑151.16(b) relating to renewal
fees and late renewals shall apply, if appropriate. The provisions of
G.S. 143‑151.16(c) shall not apply. This section does not affect the
Board's powers under G.S. 143‑151.17."
SECTION 8.(h) G.S. 143‑151.16 reads as rewritten:
"§ 143‑151.16. Certification
License fees; renewal of certificates; licenses; examination
fees.
(a) The Board shall establish a schedule of fees to be
paid by each applicant for certification licensure as a qualified
Code‑enforcement Code official. Such fee shall not exceed
twenty dollars ($20.00) for each applicant.license application.
(b) A certificate, license, other than a
probationary certificate, license, as a qualified Code‑enforcement
Code official issued pursuant to the provisions of this Article must
be renewed annually on or before the first day of July. June 30. Each
application for renewal must be accompanied by a renewal fee to be determined
by the Board, but not to exceed ten dollars ($10.00). fifty dollars
($50.00). The Board is authorized to charge an extra four dollar ($4.00)
late renewal fee for renewals made after the first day of July June
30 each year.
(c) Any person who fails to renew his certificate license
for a period of two consecutive years may be required by the Board to take
and pass the same examination as unlicensed applicants before allowing such
person to renew his certificate.license.
…
(e) The Board shall approve course offerings for all continuing education programs and may charge a fee of up to one hundred dollars ($100.00) per course for review and approval of the continuing education program."
SECTION 8.(i) G.S. 143‑151.17 reads as rewritten:
"§ 143‑151.17. Grounds for disciplinary actions; investigation; administrative procedures.
(a) The Board has the power to suspend, revoke, demote
to a lower level, or refuse to grant a certificate license issued
under this Article to any person to whom any of the following applies:
(1) Has been convicted of a felony against this State or the United States, or convicted of a felony in another state that would also be a felony if it had been committed in this State.
(2) Has obtained certification licensure through
fraud, deceit, or perjury.
(3) Has knowingly aided or abetted any person practicing contrary to the provisions of this Article or the State Building Code or any building codes adopted by a federally recognized Indian Tribe.
(4) Has defrauded the public or attempted to do so.
(5) Has affixed his or her signature to a report of inspection or other instrument of service if no inspection has been made by him or her or under his or her immediate and responsible direction.
(6) Has been guilty of willful misconduct, gross negligence, or gross incompetence.
(b) The Board may investigate the actions of any
qualified Code‑enforcement Code official or applicant upon
the verified complaint in writing of any person alleging a violation of
subsection (a) of this section. The Board may suspend, revoke, or demote to a
lower level any certificate license of any qualified Code‑enforcement
Code official and refuse to grant a certificate license to
any applicant, whom it finds to have been guilty of one or more of the actions
set out in subsection (a) of this section as grounds for disciplinary action.
(c) A denial, suspension, revocation, or demotion to a
lower level of a certificate license issued under this Article
shall be made in accordance with Chapter 150B of the General Statutes.
(d) The Board may deny an application for a certificate
license for any of the grounds that are described in subsection (a)
of this section. Within 30 days after receipt of a notification that an
application for a certificate license has been denied, the
applicant may make a written request for a review by a committee designated by
the chairman of the Board to determine the reasonableness of the Board's
action. The review shall be completed without undue delay, and the applicant
shall be notified promptly in writing as to the outcome of the review. Within
30 days after service of the notification as to the outcome, the applicant may
make a written request for a hearing under Article 3A of Chapter 150B of the
General Statutes if the applicant disagrees with the outcome.
(e) This section applies to Code‑enforcement Code
officials and applicants who are employed or seek to be employed by a
federally recognized Indian Tribe to perform inspections on tribal lands."
SECTION 8.(j) G.S. 143‑151.18 reads as rewritten:
"§ 143‑151.18. Violations; penalty; injunction.
On and after July 1, 1979, it shall
be unlawful for any person to represent himself as a qualified Code‑enforcement
Code official who does not hold a currently valid certificate of
qualification license issued by the Board. Further, it shall be
unlawful for any person to practice Code enforcement compliance
inspections or review except as allowed by any currently valid certificate
license issued to that person by the Board. Any person violating any
of the provisions of this Article shall be guilty of a Class 1 misdemeanor. The
Board is authorized to apply to any judge of the superior court for an
injunction in order to prevent any violation or threatened violation of the
provisions of this Article."
SECTION 8.(k) G.S. 143‑151.19 reads as rewritten:
"§ 143‑151.19. Administration.
(a) The Division of Engineering and Building Codes in
the Department of Insurance Office of the State Fire Marshal shall
provide clerical and other staff services required by the Board, and shall
administer and enforce all provisions of this Article and all rules promulgated
pursuant to this Article, subject to the direction of the Board, except as
delegated by this Article to local units of government, other State agencies,
corporations, or individuals.
(b) The Board shall make copies of this Article and the rules adopted under this Article available to the public at a price determined by the Board.
(c) The Board shall keep current a record of the names
and addresses of all qualified Code‑enforcement Code officials
and additional personal data as the Board deems necessary. The Board annually
shall publish a list maintain a directory of all currently certified
Code‑enforcement licensed Code officials.
(d) Each certificate license issued by
the Board shall contain such identifying information as the Board requires.
(e) The Board shall issue a duplicate certificate license
to practice as a qualified Code‑enforcement Code official
in place of one which has been lost, destroyed, or mutilated upon proper
application and payment of a fee to be determined by the Board."
SECTION 8.(l) G.S. 143‑151.20 reads as rewritten:
"§ 143‑151.20. Donations and appropriations.
…
(b) The Board may provide grants as a reimbursement
for actual expenses incurred by the State or political subdivision thereof for
the provisions of training programs of officials from other jurisdictions
within the State. The Board, by rules, shall provide for the administration of
the grant program authorized herein. In promulgating such rules, the Board
shall promote the most efficient and economical program of Code‑enforcement
Code compliance inspection or review training, including the maximum
utilization of existing facilities and programs for the purpose of avoiding duplication."
SECTION 8.(m) G.S. 143‑151.21 reads as rewritten:
"§ 143‑151.21. Disposition of fees.
Fees collected by the State Fire
Marshal under this Article shall be credited to the Insurance Regulatory
Fund created under G.S. 58‑6‑25.deposited in the State
treasury to the account of the Board."
SECTION 8.(n) G.S. 143‑151.22, as enacted by Section 3.4(b) of S.L. 2024‑49, reads as rewritten:
"§ 143‑151.22. North Carolina State Building Code Permit Technician; certification program; professional development requirements; renewal of certificates; fees; exam waivers.
(a) State Building Code
Permit Technician Certification Program. – The Board shall develop a North
Carolina State Building Code Permit Technician certification program and North
Carolina State Building Code Permit Technician Certificate. To obtain a
certificate, a person must pass an examination, as prescribed by the Board,
that is based on the North Carolina State Building Code, administrative
procedures applicable to permit administration, and relevant topics in support
of Code-enforcement Code officials and local inspection
departments. The Board may issue a certificate to each person who successfully
completes the examination. The certificate shall bear the signatures of the
chairman and secretary of the Board.
…
(e) Qualified Code-Enforcement
Code Official Exam Waiver. – The Board shall, without requiring an
examination, grant a certificate pursuant to this section to any person who, at
the time of application, possesses a Building Inspector standard certificate
license issued by the Board and who is in good standing. The Board
may assess a fee for a certificate issued pursuant to this subsection, to the
extent authorized by subsection (d) of this section for an initial
certification.
…."
SECTION 8.(o) G.S. 143‑151.23 reads as rewritten:
"§ 143‑151.23. Disasters
and emergencies; temporary certificates.licenses.
(a) When a state of emergency, as defined in G.S. 166A‑19.3,
has been declared by the Governor due to a natural disaster such as a
hurricane, tornado, or flood, or due to a pending disaster, the Board may issue
temporary standard or limited certificates licenses to retired
qualified Code-enforcement Code officials to conduct Code enforcement
compliance inspections or review in the emergency area, as defined
in G.S. 166A‑19.3, for the duration of the state of emergency.
(b) A temporary standard or limited certificate license
issued under this section shall expire at the termination of the state of
emergency or 12 months, whichever is earlier. If after 12 months the state of
emergency has not expired, the Board may renew the temporary standard or
limited certificate.license.
(c) A qualified Code-enforcement Code official
who has been on inactive status and is issued a temporary standard or limited certificate
license under this section shall not be subject to the continuing
education requirements established pursuant to G.S. 143‑151.13A,
unless the individual has been inactive or retired over two years and not
continuously employed by a city or county inspection department."
SECTION 8.(p) Transition from Certificates to Licenses. – The following provisions shall govern the transition from certificates previously issued by the Code Officials Qualification Board to licenses under this section:
(1) Automatic conversion. – All individuals holding valid probationary, standard, or limited Code‑official certificates issued by the Board as of the effective date of this section shall automatically be deemed to hold the equivalent licenses issued under Article 9C of Chapter 143 of the General Statutes, as amended by this section, without further examination, application, fees, or additional qualification requirements. These licenses shall authorize holders to engage in Code‑enforcement or Code compliance inspection or review activities to the same extent and under the same conditions as the certificates previously held.
(2) Pending applications. – An application for certification submitted prior to the effective date of this section, which remains pending on that date, shall be processed as an application for licensure. Such application shall not require resubmission or additional qualifications solely due to the change in designation from certificate to license provided by this section. A license issued pursuant to this subdivision shall be approved under the same conditions and standards that applied to certification immediately prior to the effective date of this section.
(3) Renewal of licenses. – Upon expiration of any certificate converted into a license under subdivision (1) of this subsection, the Board shall permit individuals to renew their credential under the standards applicable to a license in accordance with the renewal provisions of G.S. 143‑151.16, as amended by subsection (h) of this section.
SECTION 8.(q) Effective Date. – This section becomes effective October 1, 2025.
PART IX. CLARIFY ELECTRICAL CODE REQUIREMENTS FOR ENERGIZING BUILDINGS
SECTION 9. G.S. 143‑143.2(a) reads as rewritten:
"(a) The electric wiring
of houses or buildings for lighting or for other purposes shall conform to the
requirements of the North Carolina State Building Code Electrical
Code and other applicable State and local laws."
PART X. Extend exemption from Department of Administration ownership of passenger motor vehicles used primarily for law‑enforcement, fire, or emergency purposes to the office of the state fire marshal
SECTION 10. G.S. 143‑341 reads as rewritten:
"§ 143‑341. Powers and duties of Department.
The Department of Administration has the following powers and duties:
…
(8) General Services:
…
i. To establish and operate a central motor fleet and such subsidiary related facilities as the Secretary may deem necessary, and to that end:
…
3. To require on a schedule
determined by the Department all State agencies to transfer ownership, custody
or control of any or all passenger motor vehicles within the ownership, custody
or control of that agency to the Department, except those motor vehicles vehicles:
(i) under the ownership, custody or control of the Highway Patrol, the
State Bureau of Investigation, the State Capitol Police, the Alcohol Law
Enforcement Division of the Department of Public Safety, the Samarcand Training
Academy, or the constituent institutions of The University of North Carolina
which are used primarily for law‑enforcement purposes.purposes
or (ii) under the ownership, custody or control of the Office of the State Fire
Marshal which are used primarily for law‑enforcement, fire, or emergency
purposes.
…."
part xi. ENHANCE AUTHORITY OF THE STATE FIRE MARSHAL OVER LOCAL INSPECTIONS, fees, records, AND EMERGENCY ELECTRICAL INSPECTIONS
SECTION 11.(a) G.S. 58‑78A‑15 reads as rewritten:
"§ 58‑78A‑15. State Fire Marshal to supervise local inspectors.
(a) The State Fire Marshal shall exercise general supervision over local investigators of fires and fire prevention inspectors. Whenever the State Fire Marshal has reason to believe that the local inspectors are not doing their duty, the State Fire Marshal or the State Fire Marshal's deputy shall make special trips of inspection and take proper steps to have all the provisions of the law relative to the investigation of fires and the prevention of fire waste enforced.
(b) The State Fire Marshal shall exercise general supervision over local inspection departments, including departments that issue permits for work subject to the North Carolina State Building Code. If the State Fire Marshal determines that a local inspection department has failed to provide inspection services, ceased providing inspection services, or is otherwise failing to adequately fulfill its duties under this Chapter or Chapter 160D of the General Statutes, the State Fire Marshal shall initiate appropriate corrective actions as provided by G.S. 160D‑1102(b). Such actions may include arranging alternate inspection services, suspending the local inspection department's authority, and assigning inspection duties to another jurisdiction or directly to the State. A local government whose inspection authority has been suspended under this subsection may resume providing inspection services only in accordance with the requirements set forth in G.S. 160D‑1102(b). Nothing in this Chapter shall prohibit the State Fire Marshal or the State from directly performing inspection duties for any jurisdiction whose inspection department has been suspended.
(c) During any declared state of emergency or disaster, including a state emergency declared pursuant to G.S. 166A‑19.20 or G.S. 166A‑19.22 or a federal emergency or major disaster declared pursuant to the Stafford Act (P.L. 93‑288), the State Fire Marshal shall have authority to decree alternative methods for achieving compliance with the North Carolina State Building Code and to evaluate and approve any system regulated by the North Carolina State Building Code in the State by any means necessary. During emergencies and disasters, the State Fire Marshal shall have the authority to allow persons licensed as an electrical contractor, as defined in Article 4 of Chapter 87 of the General Statutes, to evaluate and approve systems regulated by the North Carolina Electrical Code and appropriate for such license directly affected by such events."
SECTION 11.(b) G.S. 160D‑402(d) reads as rewritten:
"(d) Financial Support. – The local government may appropriate for the support of the staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, administration, and implementation of programs authorized by this Chapter. All fees collected by a building inspection department for the administration and enforcement of provisions set forth in Article 11 of this Chapter shall be used to support the administration and operations of the building inspection department and for no other purposes. When an inspection, for which the permit holder has paid a fee to the local government, is performed by a marketplace pool Code‑enforcement official upon request of the State Fire Marshal under G.S. 143‑151.12(9)a., the local government shall promptly return to the permit holder the fee collected by the local government for such inspection. Whenever an inspections department has been suspended under G.S. 58‑78A‑15(b), the local government shall remit all building permit, inspection, and reinspection fees collected by the local government for inspections to be conducted during the suspension period to the jurisdiction assigned to perform the inspections. This subsection applies to the following types of inspection: plumbing, electrical systems, general building restrictions and regulations, heating and air‑conditioning, and the general construction of buildings."
SECTION 11.(c) G.S. 160D‑1126 reads as rewritten:
"§ 160D‑1126. Records and reports.
The inspection department shall keep complete and accurate records as prescribed by the Engineering Division of the Office of the State Fire Marshal in convenient form of all applications received, permits issued, inspections and reinspections made, defects found, certificates of compliance or occupancy granted, and all other work and activities of the department. These records shall be kept in the manner and for the periods prescribed by the Department of Natural and Cultural Resources. Periodic reports shall be submitted to the governing board and to the State Fire Marshal as prescribed by the Engineering Division of the Office of the State Fire Marshal and they shall by ordinance, rule, or other regulation require.
SECTION 11.(d) Effective Date. – This section becomes effective July 1, 2026.
PART XII. RULEMAKING, SEVERABILITY CLAUSE, AND EFFECTIVE DATE
SECTION 12.(a) Rulemaking Authority. – The Office of the State Fire Marshal, the State Fire and Rescue Commission, the North Carolina Home Inspector Licensure Board, and the North Carolina Code Officials Qualification Board shall adopt rules to implement the provisions of this act.
SECTION 12.(b) Severability. – If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application and, to this end, the provisions of this act are declared to be severable.
SECTION 12.(c) Effective Date. – Except as otherwise provided, this act is effective when it becomes law.