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View NCGA Bill Details2021
Senate Bill 465 (Public) Filed Thursday, April 1, 2021
Intro. by Johnson, Craven, Corbin.

Status: Re-ref to the Com on Insurance, if favorable, Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House (House action) (Sep 1 2021)
S 465

Bill Summaries:

  • Summary date: Apr 28 2021 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Makes a technical correction to direct the Building Code Council (previously "Commission" in error) to adopt revisions consistent with the act of the exit obstruction and waste accumulation provisions, as previously defined. 

    Makes technical corrections to the numbers of sections enacted in new Article 81A, Regulation of Valet Trash Companies, of GS Chapter 58.

  • Summary date: Apr 1 2021 - View Summary

    Directs the Building Code Council (Council), and local governments enforcing the 2018 NC Fire Prevention Code (Code) to adhere to the following directives with respect to exit obstruction and waste accumulation, defined to mean Section 1031.2, 1031.3, 304.1, 304.2, and 304.4 of the Code. 

    Directs code enforcement authorities with jurisdiction over apartment occupancies to permit doorstep refuse and recycling collection containers that stand upright on their own and do not leak liquids in exit access corridors. Establishes distinct criteria and limitations based on whether apartment occupancies have enclosed corridors, or have open-air corridors or balconies served by exterior exit stairs. Allows for doorstep refuse and recycling collection containers to be up to 13 gallons, with one refuse and one recycling collection container per apartment occupancy for those with enclosed corridors. Allows for doorstep refuse and recycling collection containers to be up to 27 gallons, with one refuse and one recycling collection container per apartment occupancy for those with open-air corridors or balconies. For enclosed corridors, limits doorstep containers from occupying exit access corridors for single periods exceeding 12 hours. For both types of occupancy corridors, limits waste in a doorstep container to be placed in the exit access corridor for single periods not to exceed 5 hours. Details further criteria regarding compliance with Code provisions related to egress and required written policies and procedures that must be in place and enforced by apartment occupancy management staff. Authorizes enforcement authorities to approve alternative container and storage arrangements that provide the equivalent level of safety as those described. Allows a phase-in period until December 31, 2021, prior to enforcement of the provisions. 

    Directs the Council to revise the identified exit obstruction and waste accumulation provisions of the Code consistent with the described directives. Authorizes adoption of temporary implementing rules. 

    Enacts Article 81A, Regulation of Valet Trash Companies, to GS Chapter 58, directing the Office of State Fire Marshal of the Department of Insurance (Office) to adopt rules for valet trash services, defined to mean the removal of household waste and recyclable materials after the residents of multifamily residential communities place the waste and materials for collection outside their doors. Requires consultation with persons who own or operate a company engaged in providing valet trash services. Enumerates five components that must be addressed, including the establishment of a registry for persons offering valet trash services that comply with the Article and procedures and submissions required to be listed in the registry. Authorizes the Commissioner of Insurance (Commissioner) to execute cease and desist orders for violations of the Article or its companion rules. Authorizes the Commissioner to access a civil penalty ranging from $100 to $500 per violation of the Article, subject to notice and hearing requirements. Provides parameters for determining the penalty amount. Directs for penalty proceeds to be remitted to the Civil Penalty and Forfeiture Fund. Provides for the penalty to be in addition to payment of other criminal penalties.