EMERG. COMM. CODE EXEMPTS/SANITARY BOARD/401. (NEW)

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 768 (Public) Filed Thursday, April 3, 2025
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.
Intro. by Brody, Cotham, Zenger, Winslow.

Status: Placed On Cal For 06/23/2025 (Senate action) (Jun 19 2025)

SOG comments (2):

Long title change

Previous title was AN ACT TO DIRECT THE NORTH CAROLINA BUILDING CODE COUNCIL TO ADOPT RULES TO AMEND THE STATE BUILDING CODE AND STATE FIRE PREVENTION CODE TO CLARIFY EXEMPTIONS FROM IN-BUILDING EMERGENCY RESPONDER RADIO COVERAGE REQUIREMENTS.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was 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.

Bill History:

H 768

Bill Summaries:

  • Summary date: Jun 18 2025 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes.

    Amends the categories of buildings that are exempt from the emergency responder communication coverage requirements by removing (1) apartment buildings not exceeding 75 feet in height, constructed using wood framing, if the building has fewer than 150 dwelling units, and all dwelling units discharge directly to the exterior or to an interior corridor providing required egress that leads directly to an exterior exit; (2) buildings or structures subject to the North Carolina Residential Code; and (3) buildings with a total gross floor area of less than 12,000 square feet and containing no story below grade plane or basement areas. Retains the exclusion for 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, and adds an exclusion for R-2 Apartment Buildings of Type V construction that meet egress requirements. Allows an emergency communications coverage system installed before the act’s effective date in a building or structure meeting the exemptions criteria to be discontinued according to four specified requirements (was, must not be required to be removed, but allowed the systems to be deactivated).

    Adds the following new content and makes conforming changes to the act's titles.

    Section 2

    Amends GS 130A-50(h) to require a vacancy in a sanitary district board to be filled by the remaining members until the next election for sanitary district board members. Requires a vacancy to be filled by a resident from the same residency district as the vacating commissioner. Specifies that the provisions of (h) apply only to a sanitary district that provides water and sewer services lying wholly within a county with more than 17 municipalities lying wholly within that county.

    Section 3

    Amends GS 143-214.1A to require that for projects eligible for a Nationwide Permit or Regional General Permit that are not subject to (a) (setting out requirements for applications for certification under section 401 of the Clean Water Act filed for maintenance dredging projects partially funded by the Shallow draft navigation channel Dredging and Aquatic Weed Fund, projects involving the distribution or transmission of energy or fuel, and projects involving construction of an upland basin marina) that are required or elect to be covered under an Individual Water Quality Certification, that DEQ review the application according to the specified requirements. Those requirements address notification of the required fees, determining completeness of the application and providing notice of incompleteness, holding any necessary public hearings, a timeline for approval or denial of an application, issuance of a certification (which may include conditions if the proposed discharges into navigable waters subject to the Clean Water Act will comply with State water quality requirements), conditions under which a certification can be denied, and allowing a certification to be granted, denied, or waived, but prohibiting requiring withdrawal of an application. Requires DEQ, upon receiving an application for certification under section 401 of the Clean Water Act, to notify the applicant of required fees within five business days; if it fails to send the fee request within that time, the fee is waived. Effective October 1, 2025.


  • Summary date: Apr 17 2025 - View Summary

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

    Makes conforming changes to act’s long and short titles. Changes the name of the defined term emergency responder radio coverage requirements to emergency responder communication coverage requirements (Requirements). Makes technical change to reference to NC Fire Code (was, NC Fire Prevention Code). Modifies the exemption to the Requirements pertaining to the NC Residential Code to specify that it covers buildings or structures subject to that code (was, buildings defined as one-family dwellings, two-family dwellings and townhouses). Clarifies that the act’s provisions apply notwithstanding any provisions of the NC Fire Code or any other provision of the NC Residential Code that might apply to obsolete systems, in addition to those listed. Makes conforming changes.


  • Summary date: Apr 7 2025 - View Summary

    Defines emergency responder radio coverage requirements (Requirements) to mean those requirements for in-building emergency responder communications enhancement systems specified under Section 510 of the North Carolina Fire Prevention Code (Code). Exempts four structures from the Requirements, including apartments and transients public lodging establishments that meet certain height or story requirements with the requisite egress. Directs that an emergency responder radio coverage system installed prior to the effective date of the act in a building or structure that meets the exemption criteria is not be required to be removed and allows those systems to be deactivated. Requires the Building Code Council to adopt rules to amend the Code in line with the provisions of the Requirements. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Specifies that the provisions of the APA requiring review by the rules commission do not applyUntil permanent rules are adopted as discussed above, instructs the Council and local governments enforcing the Code not to enforce the emergency responder radio coverage requirements against buildings and structures that meet the exemption criteria and instead allow for deactivation of such systems instead.