Section 1

Requires the Office of State Fire Marshal, the Residential Code and Building Code Councils (Councils), and State and local governments enforcing the North Carolina State Building Code (Code) to adhere to the following family child care home requirements until the effective date of the rules to create a family child care home occupancy classification within a dwelling subject to the North Carolina Residential Code.

Requires a family child care home that is located in a dwelling subject to the North Carolina Residential Code to be treated as a Residential Group R-3 occupancy. Requires the building to be permitted to comply with the Residential Code, provided the family child care home meets only the five additional specified requirements related to exit location, fire extinguishers, safety plans, carbon monoxide detection, and smoke alarms. Requires the Residential Code Council to adopt rules to amend the North Carolina Residential Code to create a family child care home occupancy classification within a dwelling subject to the North Carolina Residential Code that is consistent with these provisions. Requires the Building Code Council to adopt rules to amend the North Carolina State Building Code volumes, as specified, to make conforming changes consistent with the rules adopted by the Residential Code Council. Specifies that the rules are not subject to Part 3 of Article 2A of GS Chapter 150B and that the rules will become effective as provided in GS 150B-21.3(b1), as though 10 or more written objections had been received.

Section 2

Requires, until the effective date of the rules to create a family child care home occupancy classification within a dwelling subject to the North Carolina Building Code, that the Office of the State Fire Marshal, the Councils, and State and local governments enforcing the Code adhere to family child care home requirements as provided below.

Treats a family child care home located within a dwelling subject to the North Carolina Building Code as a Residential Group R-3 occupancy. Allows the dwelling where the family child care home is located to comply with the North Carolina Building Code, so long as the family child care home meets only the five specified additional requirements related to exit location, fire extinguishers, safety plans, carbon monoxide detection, and smoke alarms. Requires the Building Code Council to adopt rules to amend the specified North Carolina State Building Code volumes to create a family child care home occupancy classification within a dwelling subject to the North Carolina Building Code that is consistent with these requirements. Require the Residential Code Council to adopt rules to amend the North Carolina Residential Code to make conforming changes consistent with the rules adopted by the Building Code Council. Specifies that the rules are not subject to Part 3 of Article 2A of GS Chapter 150B and that the rules will become effective as provided in GS 150B-21.3(b1), as though 10 or more written objections had been received.

Section 3

Requires, until the effective date of the rules to create a family child care home occupancy classification within a dwelling subject to the State of North Carolina Regulations for Manufactured Homes, that the Office of the State Fire Marshal, the Councils, and State and local governments enforcing the Code adhere to family child care home requirements as provided below.

Treats a family child care home located within a dwelling subject to the State of North Carolina Regulations for Manufactured Homes as a Residential Group R-3 occupancy. Allows the dwelling to comply with the North Carolina Regulations for Manufactured Homes, so long as the family child care home meets only the five specified additional requirements related to exit location, fire extinguishers, safety plans, carbon monoxide detection, and smoke alarms. Requires the Building Code Council to adopt rules to amend the specified North Carolina State Building Code volumes to create a family child care home occupancy classification within a dwelling subject to the North Carolina Regulations for Manufactured Homes that is consistent with these requirements. Requires the Residential Code Council to adopt rules to amend the North Carolina Residential Code to make conforming changes consistent with the rules adopted by the Building Code Council. Specifies that the rules are not subject to Part 3 of Article 2A of GS Chapter 150B and that the rules will become effective as provided in GS 150B-21.3(b1), as though 10 or more written objections had been received.

Section 4

Amends GS 110-86, by amending the definition of child care facility by requiring that a family child care home be located in an operator-occupied private dwelling (was, in a residence).

Amends GS 110-91, concerning standards to be met for a child care facility license, by making conforming and technical changes. Also refers to the Office of the State Fire Marshal, instead of the Department of Insurance, as the entity responsible for establishing requirements related to fire prevention and safe evacuation, as well as for the related annual inspection.