North Carolina HB 768: Emergency Communication Code Exemptions/Sanitary Board/401.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-50
HOUSE BILL 768

*H768-v-6*
AN ACT TO DIRECT THE NORTH CAROLINA BUILDING CODE COUNCIL TO ADOPT
RULES TO AMEND THE STATE BUILDING CODE AND STATE FIRE CODE TO
CLARIFY EXEMPTIONS FROM IN-BUILDING EMERGENCY RESPONDER
COMMUNICATION COVERAGE REQUIREMENTS; TO PROVIDE FOR THE
FILLING OF VACANCIES ON CERTAIN SANITARY BOARDS; AND TO ESTABLISH
STATUTORY REQUIREMENTS FOR THE DEPARTMENT OF ENVIRONMENTAL
QUALITY'S HANDLING OF APPLICATIONS FOR 401 CERTIFICATIONS FOR
PROJECTS THAT ARE ELIGIBLE FOR A NATIONWIDE PERMIT OR REGIONAL
GENERAL PERMIT.

The General Assembly of North Carolina enacts:

CLARIFY FIRE CODE EXEMPTIONS FROM IN-BUILDING EMERGENCY
RESPONDER COMMUNICATION COVERAGE REQUIREMENTS
SECTION 1.(a) Definitions. – For purposes of this section, the following are
defined:
(1) Code. – The North Carolina State Building Code collection, including the
North Carolina Fire Code, and amendments thereto, as adopted by the
Council.
(2) Council. – The North Carolina Building Code Council.
(3) Emergency responder communication coverage requirements. – The
requirements for in-building emergency responder communications coverage
systems specified under Section 510 of the North Carolina Fire Code.
SECTION 1.(b) Exemptions Established. – Notwithstanding the emergency
responder communication coverage requirements of the Code, the following buildings and
structures, whether existing, newly constructed, or altered after the effective date of this act, are
exempt from those requirements:
(1) R-2 Apartment Buildings of Type V construction that meet the egress
requirements of the Code.
(2) Apartment buildings and transient public lodging establishments, including
hotels and motels, not exceeding two stories above grade plane and that
provide direct exterior egress from each dwelling unit or guest room.
SECTION 1.(c) Treatment of Existing Systems in Exempted Buildings. –
Notwithstanding Section 901.6 of the North Carolina Fire Code or any other provision of the
Code that might require the removal of nonrequired, obsolete, or abandoned systems, an
emergency responder communication coverage system installed prior to the effective date of this
act in a building or structure that meets the exemption criteria established in subsection (b) of
this section may be disconnected as follows:
(1) Systems that are monitored by a fire alarm system shall be properly
disconnected to eliminate unnecessary supervisory signals.

Page 2 Session Law 2025-50 House Bill 768
(2) Primary and secondary power sources shall be permanently removed by
disconnecting the primary power from the circuit breaker and removing the
secondary backup batteries and/or emergency generator connection.
(3) The system shall be permanently disconnected from the donor antenna. Where
the donor antenna is left in place, lightning protection for the antenna and mast
shall be maintained.
(4) Signal booster shall be labeled with signage that states "Emergency Responder
Communication Coverage is disconnected as permitted by Section 510 of the
North Carolina Fire Code."
SECTION 1.(d) Rulemaking Required. – The Council shall adopt rules to amend
the Code, specifically Section 510 of the North Carolina Fire Code and any related sections
addressing emergency responder communication coverage, to incorporate the exemptions listed
in subsection (b) of this section and the provisions regarding existing systems in subsection (c)
of this section. Notwithstanding G.S. 150B-19(4), the rules adopted by the Council pursuant to
this section shall be substantively identical to the provisions of subsections (b) and (c) of this
section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter
150B of the General Statutes. Rules adopted pursuant to this section shall become effective as
provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received as
provided in G.S. 150B-21.3(b2).
SECTION 1.(e) Interim Application of Exemptions. – Until the effective date of the
permanent rules that the Council is required to adopt pursuant to subsection (d) of this section,
the Council and local governments enforcing the Code shall not enforce the emergency responder
communication coverage requirements against buildings and structures that meet the exemption
criteria established in subsection (b) of this section and shall apply the provisions regarding
existing systems established in subsection (c) of this section.
SECTION 1.(f) Sunset. – This section expires when permanent rules adopted as
required by subsection (d) of this section become effective.

VACANCY APPOINTMENTS FOR CERTAIN SANITARY BOARDS
SECTION 2. G.S. 130A-50(h) reads as rewritten:
"(h) For purposes of the election of the members of the sanitary district board, a sanitary
district board shall adopt single-member residency districts in which only a person residing in a
single-member residency district shall be eligible as a candidate i