REGULATION OF BATTERY-CHARGED SECURITY FENCES.

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View NCGA Bill Details2023-2024 Session
House Bill 385 (Public) Filed Wednesday, March 15, 2023
AN ACT TO PROHIBIT COUNTIES AND CITIES FROM ADOPTING CERTAIN ORDINANCES, RULES, AND REGULATIONS RELATED TO BATTERY-CHARGED SECURITY FENCES AND TO DEFINE AND ESTABLISH REQUIREMENTS FOR THOSE BATTERY-CHARGED SECURITY FENCES.
Intro. by McNeely, Moss.

Status: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate action) (May 20 2024)
H 385

Bill Summaries:

  • Summary date: Mar 15 2023 - View Summary

    Enacts new GS 153A-134.1 (pertaining to regulation of battery-charged security fences--counties) and GS 160A-194.1(pertaining to regulation of battery-charged fences-cities). Defines a battery-charged security fence to mean an alarm system and ancillary components, or equipment attached to that system, including a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the fence, and a battery charging device used exclusively to charge the battery. Establishes the following seven requirements that all battery-charged security fences are required to meet: (1) interfaces with a monitored alarm device enabling the alarm system to transmit a signal intended to summon the business or law enforcement in response to an intrusion or burglary; (2) is located on property that is not designated by a county or city exclusively for residential use; (3) has an energizer powered by a commercial storage battery that is not more than 12 volts of direct current; (4) has an energizer that meets the standards established by the most current  version of the International Electrotechnical Commission Standard 60335-2-76; (5) is surrounded by a non-electric perimeter fence or wall that is not less than 5 feet in height; (6) does not exceed 10 feet in height or 2 feet higher than the non-electric perimeter fence or wall, whichever is higher; (7) is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than 30-foot intervals and read: "WARNING—ELECTRIC FENCE".

    Bars counties and cities from (1) adopting ordinances, rules, or regulations that require a permit, fee, review, or approval for the use or installation of a battery-charged security fence beyond any permit that may be required by an ordinance adopted by the county’s governing board under GS 74D-11; (2) imposing installation or operating requirements inconsistent with the described standards; (3) prohibiting the installation or use of battery-operated security fences on property zoned for nonresidential purposes.