Office of State Fire Marshal Omnibus Bill.-AB

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 368

Short Title: Office of State Fire Marshal Omnibus Bill.-AB (Public)
Sponsors: Senators Johnson, Barnes, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 24, 2025
*S368-v-1*
A BILL TO BE ENTITLED 1
AN ACT MANDATING ALL OTHER PERIL INSURAN CE COVERAGE FOR CERT AIN 2
ENTITIES, AUTHORIZIN G THE OFFICE OF THE STATE FIRE MARSHAL T O 3
CONTRACT FOR SERVICE S FOR ITS RISK MANAG EMENT DIVISION, 4
MANDATING PARTICIPATION OF PUBLIC EDUCAT ION BOARDS IN THE STATE 5
PUBLIC EDUCATION PROPERTY INSURANCE FUND, AUTHORIZING THE OFFICE 6
OF THE STATE FIRE MA RSHAL TO CHARGE AND WAIVE REGISTRATION FEES 7
FOR ADVANCED FIRE AND RESCUE COURSES, PR OVIDING STATE FUNDS FOR 8
THE WAIVER OF REGISTRATION FEES FOR COURSES OFFERED BY THE OFFICE 9
OF THE STATE FIRE MA RSHAL, AUTHORIZING T HE STATE FIRE AND RE SCUE 10
COMMISSION TO CONDUC T ADMINISTRATIVE HEA RINGS, CLARIFYING TH E 11
POWERS OF THE NORTH CAROLINA HOME INSPEC TOR LICENSURE BOARD, 12
EXTENDING EXEMPTION FROM DEPARTMENT OF A DMINISTRATION OF 13
PASSENGER MOTOR VEHICLES TO THE OFFICE OF THE STATE FIRE MARSHAL, 14
EXEMPTING MANUFACTURED HOME MANUFACTURERS AND DEALERS FROM 15
SHOWROOM REQUIREMENTS, MODERNIZING TERMI NOLOGY FOR THE CODE 16
OFFICIALS QUALIFICATION BOARD, ESTABLISH ING FEES AND PROCEDU RES 17
FOR CODE OFFICIALS QUA LIFICATION BOARD APP ROVAL OF TRAINING 18
COURSES, AUTHORIZING THE CREATION OF A VOLUNTARY APPRENTICESHIP 19
PROGRAM FOR CODE ENF ORCEMENT OFFICIALS, CLARIFYING ELECTRICA L 20
CODE REQUIREMENTS FO R ENERGIZING BUILDIN GS, ENHANCING THE 21
AUTHORITY OF T HE STATE FIRE MARSHA L OVER LOCAL INSPECT IONS AND 22
EMERGENCY ELECTRICAL INSPECTIONS, REQUIR ING REFUNDS AND 23
REMITTANCE OF BUILDI NG INSPECTION FEES W HEN INSPECTIONS ARE 24
PERFORMED BY STATE AND OTHER OFFICIALS, AND ESTABLISHING RECORDS 25
AND REPORTING REQUIREMENTS FOR LOCAL INSPECTION DEPARTMENTS, AS 26
RECOMMENDED BY THE OFFICE OF THE STATE FIRE MARSHAL. 27
The General Assembly of North Carolina enacts: 28
29
PART I. MANDATE ALL OTHER PERIL COVERAGE FOR PARTICIPANTS IN THE 30
STATE PUBLIC EDUCATI ON PROPERTY INSURANC E FUND AND S TATE 31
PROPERTY FIRE INSURANCE FUND 32
SECTION 1.(a) G.S. 58-31A-10 reads as rewritten: 33
"§ 58-31A-10. Flood insurance.insurance; all other peril insurance. 34
(a) Premiums for flood insurance coverage for public education buildings shall be paid 35
by each public education board in accordance with rates fixed by the State Fire Marshal, and the 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 368-First Edition
State Fire Marshal may purchase from insurers admitted to do business in Nor th Carolina such 1
insurance or reinsurance as may be necessary to protect the State Public Education Insurance 2
Fund against loss with respect to such insurance coverage. 3
(b) Every public education board and every charter school approved pursuant to 4
G.S. 115C-218.5 that insures public education property titled to that board or charter school 5
against the direct loss or damage by insurable hazards in public education buildings and other 6
public education properties in the State Public Education Property Insuranc e Fund shall obtain 7
and make payment for the all other perils coverage provided by the Fund." 8
SECTION 1.(b) G.S. 58-31-10 reads as rewritten: 9
"§ 58-31-10. Payment of losses on basis of actual cost of restoration or replacement; rules; 10
insurance and reinsurance; sprinkler leakage insurance.insurance; all other 11
peril insurance. 12
… 13
(d) Every State department, institution, or agency that insures State proper ty against the 14
direct loss or damage by insurable hazards in the State Property Fire Insurance Fund shall obtain 15
and make payment for the all other perils coverage provided by the Fund." 16
SECTION 1.(c) This section becomes effective July 1, 2025. 17
18
PART II. AUTHORIZE THE OFFIC E OF THE STATE FIRE MARSHAL TO 19
CONTRACT FOR SPECIALIZED OR TECHNICAL SERVICES ESSENTIAL TO THE 20
OPERATION OF THE RISK MANAGEMENT DIVISION 21
SECTION 2.(a) G.S. 58-31A-15 reads as rewritten: 22
"§ 58-31A-15. Authority and rules for organization of system. 23
(a) The State Fire Marshal is hereby authorized, directed, and empowered to establish a 24
division to manage and operate a system of insurance for public education property. The State 25
Fire Marshal shall adopt such rules and regulations as may b e necessary to provide all details 26
inherent in the insurance of public education property. The State Fire Marshal shall employ any 27
staff necessary, which in his or her opinion is necessary to insure and protect effectively public 28
education property, and he or she shall fix their compensation consistent with the policies of the 29
State Human Resources Commission. 30
(b) The State Fire Marshal shall, through the State 's agent of record, contract for any 31
specialized or technical services necessitating expertise not otherwise available within the Office 32
of the State Fire Marshal that are determined by the State Fire Marshal to be essential to efficient 33
operations. Contracts authorized pursuant to this subsection are not subject to Article 3C of 34
Chapter 143 of the General Statutes." 35
SECTION 2.(b) This section becomes effective July 1, 2025. 36
37
PART III. MANDATE PA RTICIPATION IN THE S TATE PUBLIC EDUCATIO N 38
PROPERTY INSURANCE FUND UNLESS COVERAGE WAIVER PROVIDED 39
SECTION 3.(a) G.S. 58-31A-25 reads as rewritten: 40
"§ 58-31A-25. Insurance Mandatory insurance of property by public education boards; 41
notice of election to insure and information to be furnished; outstanding 42
policies.boards. 43
(a) Mandatory Insurance in the Fund. – All public education boards may shall insure all 44
public education property titled to that board against the direct loss or damage by insurable 45
hazards in public education buildings and other public education properties in the Fund. Any 46
property covered by an insurance policy in effect on the date when the property of a public 47
education board is insured in the Fund shall be insured by the Fund as of the expiration of the 48
policy. Each public education board shall give notice of its election to insure in the Fund at least 49
90 days prior to such insurance becoming effective and shall furnish to the State Fire Marshal a 50
full and complete list of all outstanding property insurance policies, giving in complete detail the 51
General Assembly Of North Carolina Session 2025
Senate Bill 368-First Edition Page 3
name of the insurers, the amount of the insur ance and expirations thereof. While the said 1
insurance policies remain in effect, the Fund shall act as coinsurer of the properties covered by 2
such insurance to the same extent and in the same manner as is provided for coinsurance under 3
the provisions of the standard form of property insurance as provided by law, and in the event of 4
loss shall have the same rights and duties as required by participating insurance companies.Fund, 5
unless a waiver has been approved for that public education board. 6
(b) Waiver. – A public education board may request a waiver under this section. The 7
Office of the State Fire Marshal shall review and approve a waiver submitted pursuant to this 8
subsection only if the public education board has procured sufficient minimum coverage o f 9
relevant perils." 10
SECTION 3.(b) If any property titled to a public education board is covered by an 11
insurance policy in effect on July 1, 2025, then the Fund shall act as a coinsurer of the properties 12
covered by that insurance until the expiration of that policy. 13
SECTION 3.(c) This section becomes effective July 1, 2025. 14
15
PART IV. NORTH CAROL INA EMERGENCY TRAINI NG CENTER STATE 16
REGISTRATION FEE WAIVER 17
SECTION 4.(a) Article 78A of Chapter 58 of the General Statutes is amended by 18
adding a new section to read: 19
"§ 58-78A-18. Emergency Training Center tuition waivers. 20
(a) Registration Fees. – The Office of the State Fire Marshal shall charge State 21
registration fees for advanced fire and rescue courses delivered by the Office of the State Fire 22
Marshal at the North Carolina Emergency Training Center. The State registration fee charged 23
shall equal the tuition amount set pursuant to G.S. 115D-39 for equivalent community college 24
courses. 25
(b) Allowed Tuition Waivers. – The Office of the State Fire Marshal may waive State 26
registration fees for advanced fire and rescue courses delivered by the Office of the State Fire 27
Marshal at the North Carolina Emergency Training Center for all of the following individuals, 28
entities, and members of those entities: 29
(1) Volunteer fire departments located within North Carolina. 30
(2) Municipal, county, or State fire departments located within North Carolina. 31
(3) Emergency medical services or rescue and lifesaving departments located 32
within North Carolina. 33
(4) Fire, emergency medical services, or rescue and lifesaving entities serving a 34
lake authority that was created by a North Carolina county board of 35
commissioners prior to July 1, 2012. 36
(5) The Eastern Band of Cherokee Indians fire, emergency medical services, or 37
rescue and lifesaving tribal government departments or programs. 38
(6) Firefighters, emergency medical services personnel, law enforcement 39
personnel, and rescue and lifesaving personnel whose duty station is located 40
on a military installation within North Carolina. 41
(7) Law enforcement p ersonnel employed by departments located within North 42
Carolina. 43
(8) High school students at schools located within North Carolina. 44
(c) Fees. – The Office of the State Fire Marshal may charge additional fees to cover the 45
costs of textbooks , supplies, and other expenses incurred in the deliver y of courses or the 46
operation of the North Carolina Emergency Training Center. 47
(d) Annual Report. – Annually by February 1 of each year, the Office of the State Fire 48
Marshal shall report to the Joint Legislative Education Oversight Committee and the Joint 49
Legislative Oversight Committee on General Government on the number and type of waivers 50
granted pursuant to subsection (b) of this section." 51
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Page 4 Senate Bill 368-First Edition
SECTION 4.(b) Funds shall be provided to the Office of the State Fire Marshal 1
(OSFM) based on the number of full -time equivalent (FTE) students enrolled in advanced fire 2
and rescue courses delivered by OSFM at the North Carolina Emergency Training Center for 3
whom State registration fees are waived in accordance with G.S. 58-78A-18(b). OSFM shall 4
calculate FTE enrollment in the same manner as community colleges. Funds provided pursuant 5
to this subsection shall be: (i) based on the equivalent tier -value for community college 6
instruction and (ii) in the same manner as funds are provided to community colleges based on 7
the number of FTE students enrolled in courses for which tuition and registration fees are waived 8
in accordance with G.S. 115D-5(b). OSFM shall not be considered a community college, as that 9
term is defined in G.S. 115D-2(2), or subject to the requirements imposed on community colleges 10
by Chapter 115D of the General Statutes. 11
SECTION 4.(c) This section becomes effective July 1, 2025. 12
13
PART V. CLARIFY POWE RS AND DUTIES OF STA TE FIRE AND RESCUE 14
COMMISSION 15
SECTION 5.(a) G.S. 58-78-5 reads as rewritten: 16
"§ 58-78-5. State Fire and Rescue Commission – Powers and duties. 17
(a) The Commission shall have the following powers and duties: 18
… 19
(18) To conduct administrative hearings in accordance with Article 3A of Chapter 20
150B of the General Statutes. 21
…." 22
SECTION 5.(b) G.S. 150B-38(a) reads as rewritten: 23
"§ 150B-38. Scope; hearing required; notice; venue. 24
(a) The provisions of this Article shall apply to: 25
… 26
(5b) The State Fire and Rescue Commission. 27
…." 28
SECTION 5.(c) This sectio n becomes effective October 1, 2025, and applies to 29
administrative hearings commenced on or after that date. 30
31
PART VI. CLARIFY POW ERS OF THE NORTH CAR OLINA HOME INSPECTOR 32
LICENSURE BOARD REGARDING LICENSING EDUCATION AND EXAMINATION 33
FEES 34
SECTION 6.(a) G.S. 143-151.49 reads as rewritten: 35
"§ 143-151.49. Powers and responsibilities of Board. 36
… 37
(b) Education Requirements. – The education program adopted by the Board may not 38
consist of more than 200 hours of instruction. The instruction may include field training, 39
classroom instruction, distance learning, peer review, and any other educational format approved 40
by the Board. The Board may adopt rules regarding course content, instructor qualifications, 41
approved course offerings, and other criteria for compliance with the education program." 42
SECTION 6.(b) G.S. 143-151.57 reads as rewritten: 43
"§ 143-151.57. Fees. 44
(a) Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in 45
the following table for administering this Article: 46
Item Maximum Fee 47
Application for home inspector license $35.00 48
Home inspector examinationexamination, in person 80.00 49
Home inspector examination, online 200.00 50
Issuance or renewal of home inspector license 160.00 51
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Senate Bill 368-First Edition Page 5
Late renewal of home inspector license 30.00 1
Application for course approval 150.00 2
Renewal of course approval 75.00 3
Course fee, per credit hour per licensee 5.00 4
Credit for unapproved continuing education course 50.00 5
Copies of Board rules or licensure standards Cost of printing 6
and mailing. 7
…." 8
SECTION 6.(c) This section becomes effective October 1, 2025. 9
10
PART VII. EXEMPT MANUFACTURED HOME MANUFACTURERS AND DEALERS 11
FROM SALESROOM REQUIREMENTS 12
SECTION 7. G.S. 20-288 reads as rewritten: 13
"§ 20-288. Application for license; license requirements; expiration of license; bond. 14
… 15
(d) To obtain a license as a wholesaler, an applicant who intends to sell or distribute 16
self-propelled vehicles must have an established office in this State, and an applicant who intends 17
to sell or distribute only trailers or semitrailers of more than 2,500 pounds unloaded weight must 18
have a place of business in this State where the records required under this Article are kept. 19
To obtain a license as a motor vehicle dealer, an applicant who intends to deal in 20
self-propelled vehicles must h ave an established salesroom in this State, and an applicant who 21
intends to deal in only trailers or semitrailers of more than 2,500 pounds unloaded weight must 22
have a place of business in this State where the records required under this Article are kept. 23
An applicant for a license as a manufacturer, a factory branch, a distributor, a distributor 24
branch, a wholesaler, or a motor vehicle dealer must have a separate license for each established 25
office, established salesroom, or other place of business in this State. An application for any of 26
these licenses shall include a list of the applicant's places of business in this State. 27
This subsection does not apply to manufactured home dealers, as defined by 28
G.S. 143-143.9(7), or manufactured home manufacturers, as defined by G.S. 143-143.9(8). 29
…." 30
31
PART VIII. MODERNIZE CODE OFFICIALS QUAL IFICATION BOARD 32
STATUTORY LANGUAGE, ESTABLISH FEES AND P ROCEDURES FOR BOARD 33
APPROVAL OF CODE ENF ORCEMENT OFFICIAL TR AINING COURSES, AND 34
AUTHORIZE THE CREATION OF A VOLUNTARY AP PRENTICESHIP PROGRAM 35
FOR CODE ENFORCEMENT OFFICIALS 36
SECTION 8.(a) G.S. 143-151.8 reads as rewritten: 37
"§ 143-151.8. Definitions. 38
(a) The following definitions apply in this Article: 39
… 40
(5) Qualified Code-enforcement Code official. – A person qualified under this 41
Article to engage in the practice of Code enforcement.compliance inspections 42
or review. 43
…." 44
SECTION 8.(b) G.S. 143-151.11 reads as rewritten: 45
"§ 143-151.11. Chairman; vice-chairman; other officers; meetings; reports. 46
… 47
(d) The activities and recommendations of the Board with respect to standards for Code 48
officials training and certification licensing shall be set forth in regular and special reports made 49
by the Board. Additionally, the Board shall present special reports and recommendations to the 50
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 368-First Edition
Governor or the General Assembly, or both, as the need may arise or as the Governor or the 1
General Assembly may request." 2
SECTION 8.(c) G.S. 143-151.12 reads as rewritten: 3
"§ 143-151.12. Powers. 4
In addition to powers conferred upon the Board elsewhere in this Article, the Board has the 5
power to do the following: 6
(1) Adopt rules necessary to administer this Article. 7
(1a) Require State agencies, local inspection departments, and local governing 8
bodies to submit reports and information about the employment, education, 9
and training of Code-enforcement Code officials. 10
(2) Establish minimum standards for employment as a Code-enforcement Code 11
official: (i) in probationary or temporary status, and (ii) in permanent 12
positions. 13
(3) Certify License persons as being qualified to practice Code compliance 14
inspections or review under the provisions of this Article to be 15
Code-enforcement as Code officials, including persons employed by a 16
federally recognized Indian Tribe to perform inspections on tribal lands. 17
(3a) Certify persons as being qualified under the provisions of this Article to be 18
North Carolina State Building Code Permit Technicians. 19
(4) Consult and cooperate with counties, municipalities, agencies of this State, 20
other governmental agencies, and with universities, colleges, junior colleges, 21
community colleges and other institutions concerning the development of 22
Code-enforcement Code compliance inspections or review training schools 23
and programs or courses of instruction. 24
(5) Establish minimum standards and levels of education or equivalent experience 25
for all Code-enforcement Code compliance inspections or review instructors, 26
teachers or professors. 27
(6) Conduct and encourage research by public and private agencies that shall be 28
designed to improve education and training in the administration of Code 29
enforcement.Code compliance inspections or review. 30
(7) Adopt and amend bylaws, consistent with law, for its internal management 31
and control; appoint advisory committees as necessary; an d enter into 32
contracts and do other things as necessary and incidental to the exercise of its 33
authority pursuant to this Article. 34
(8) Make recommendations concerning any matters within its purview pursuant 35
to this Article. 36
(9) Establish within the Office o f the State Fire Marshal a marketplace pool of 37
qualified Code-enforcement Code officials available for the following 38
purposes: 39
a. When requested by the State Fire Marshal, to assist in the discharge of 40
the State Fire Marshal's duty under G.S. 143-139 to su pervise, 41
administer, and enforce the North Carolina State Building Code. The 42
State Fire Marshal shall have the power and authority to fix and collect 43
reasonable fees for services performed by Code-enforcement Code 44
officials under this sub-subdivision. The State Fire Marshal may also 45
collect reimbursement, at the rate established under G.S. 138-6, for 46
mileage costs incurred by Code-enforcement Code officials going to 47
and from inspections conducted under this sub-subdivision. The State 48
Fire Marshal shall have no power or authority to fix or collect fees 49
incurred by local inspection departments under sub -subdivision b. of 50
this subdivision. 51
General Assembly Of North Carolina Session 2025
Senate Bill 368-First Edition Page 7
b. When requested by local inspection departments, to assist in Code 1
enforcement.compliance inspections or review." 2
SECTION 8.(d) G.S. 143-151.13 reads as rewritten: 3
"§ 143-151.13. Required standards and certificates licenses for Code-enforcement Code 4
officials. 5
(a) No person shall engage in Code enforcement compliance inspections or review under 6
this Article unless that person possesses one of the following types of certificates, licenses, 7
currently valid, issued by the Board attesting to that person's qualifications to engage in Code 8
enforcement: compliance inspections or review: (i) a standard certificate; license; (ii) a limited 9
certificate license provided for in subsection (c) of this section; or (iii) a probationary certificate 10
license provided for in subsection (d) of this section. To obtain a standard certificate, license, a 11
person must pass an examination, as prescribed by the Board or by a contracting party under 12
G.S. 143-151.16(d), that is based on the North Carolina State Building Code and administrative 13
procedures required for Code enforcement. compliance inspections or review. The Board may 14
issue a standard certificate of qualification license to each person who successfully completes the 15
examination. The certificate license authorizes that person to engage in Code enforcement 16
compliance inspections or review and to practice as a qualified Code-enforcement Code official 17
in North Carolina. The certificate of qualification license shall bear the signatures of the chairman 18
and secretary of the Board. 19
(b) The Board shall issue one or more standard certificates licenses to each 20
Code-enforcement Code official demonstrating the qualifications set forth in subsection (b1) of 21
this section. Standard certificates licenses are available for each of the following types of 22
qualified Code-enforcement Code officials: 23
(1) Building inspector. 24
(2) Electrical inspector. 25
(3) Mechanical inspector. 26
(4) Plumbing inspector. 27
(5) Fire inspector. 28
(6) Residential changeout inspector. 29
(b1) The holder of a standard certificate license may practice Code enforcement 30
compliance inspections or review only within the inspection area and level described upon the 31
certificate license issued by the Board. A Code-enforcement Code official may qualify and hold 32
one or more certificates. licenses. These certificates licenses may be for different levels in 33
different types of positions as defined in this section and in rules adopted by the Board. 34
(b2) A Code-enforcement Code official holding a certificate license indicating a specified 35
level of proficiency in a particular type of p osition may hold a position calling for that type of 36
qualification anywhere in the State. With respect to all types of Code-enforcement Code officials, 37
those with Level I, Level II, or Level III certificates licenses shall be qualified to inspect and 38
approve only those types and sizes of buildings as specified in rules adopted by the Board. 39
(c) A Code-enforcement Code official holding office as of the date specified in this 40
subsection for the county or municipality by which he is employed, shall not be required to 41
possess a standard certificate license as a condition of tenure or continued employment but shall 42
be required to complete such in-service training as may be prescribed by the Board. At the earliest 43
practicable date, such official shall receive from the Board a limited certificate license qualifying 44
him to engage in Code enforcement compliance inspections or review at the level, in the 45
particular type of position, and within the governmental jurisdiction in which he is employed. 46
The limited certificate license shall be valid only as an authorization for the official to continue 47
in the position he held on the applicable date and shall become invalid if he does not complete 48
in-service training within two years following the applicable date in the s chedule below, 49
according to the governmental jurisdiction's population as published in the 1970 U.S. Census: 50
Counties and Municipalities over 75,000 population – July 1, 1979 51
General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 368-First Edition
Counties and Municipalities between 50,001 and 75,000 – July 1, 1981 1
Counties and Municipalities between 25,001 and 50,000 – July 1, 1983 2
Counties and Municipalities 25,000 and under – July 1, 1985 3
All fire prevention inspectors holding office – July 1, 1989. Fire prevention inspectors have 4
until July 1, 1993, to complete in-service training. 5
An official holding a limited certificate license can be promoted to a position requiring a 6
higher level certificate license only upon issuance by the Board of a standard certificate license 7
or probationary certificate license appropriate for such new position. 8
(d) The Board may provide for the issuance of probationary or temporary certificates 9
licenses valid for such period (not less than one year nor more than three years) as specified by 10
the Board's rules, or until June 30, 1983, whichever i s later, to any Code-enforcement Code 11
official newly employed or newly promoted who lacks the qualifications prescribed by the Board 12
as prerequisite to applying for a standard certificate license under subsection (a). No official may 13
have a probationary or temporary certificate license extended beyond the specified period by 14
renewal or otherwise. The Board may provide for appropriate levels of probationary or temporary 15
certificates licenses and may issue these certificates licenses with such special conditi ons or 16
requirements relating to the place of employment of the person holding the certificate, license, 17
his supervision on a consulting or advisory basis, or other matters as the Board may deem 18
necessary to protect the public safety and health. 19
(e) The Board shall, without requiring an examination, issue a standard certificate license 20
to any person who is currently certified as a county electrical inspector pursuant to 21
G.S. 160D-1102. The certificate license issued by the Board shall authorize the person to serve 22
at the electrical inspector level approved by the State Fire Marshal in G.S. 160D-1102. 23
(f) The Board shall issue a standard certificate license to any person who passes the 24
examination required under subsection (a) of this section and is currently licensed to practice as 25
a(n):any of the following: 26
(1) Architect, registered licensed pursuant to Chapter 83A;83A of the General 27
Statutes. 28
(2) General contractor, licensed pursuant to Article 1 of Chapter 87;87 of the 29
General Statutes. 30
(3) Plumbing or heating contractor, licensed pursuant to Article 2 of Chapter 31
87;87 of the General Statutes. 32
(4) Electrical contractor, licensed pursuant to Article 4 of Chapter 87; or,87 of the 33
General Statutes. 34
(5) Professional engineer, registered licensed pursuant to Chapter 89C;89C of the 35
General Statutes. 36
provided the person successfully completes a short course, as prescribed by the Board, relating 37
to the State Building Code regulations and Code -enforcement administration. The standard 38
certificate license shall authorize the person to practice as a qualified Code-enforcement Code 39
official in a particular type of position at the level determined by the Board, based on the type of 40
license or registration held in any profession specified above. 41
(g) A licensed architect or licensed professional engineer who possesses a valid 42
certificate license under subsection (f) of this section, but is not employed by the State or a local 43
government, may utilize that certificate license for the limited purpose of performing independent 44
third-party plan review under subsections (d) and (e) of G.S. 160D-1110.1. 45
(h) Notwithstanding any other subsection of this section, the Board, in conjunction with 46
the Office of the State Fire Marshal, may establish a voluntary apprenticeship p rogram for any 47
license issued under this section. The program shall consist of coursework and supervised work 48
under a certified Code official in the relevant discipline. A trainee must pass a standard 49
examination prior to issuance of any license. The Board may charge a fee for participation in the 50
program. The fee shall not exceed the cost of the program." 51
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Senate Bill 368-First Edition Page 9
SECTION 8.(e) G.S. 143-151.13A reads as rewritten: 1
"§ 143-151.13A. Professional development program for officials.officials; course sponsor 2
fees. 3
(a) As used in this section, "official" means a qualified Code-enforcement Code official 4
as that term is defined in G.S. 143-151.8. 5
(b) The Board may establish professional development requirements for officials as a 6
condition of the renewal or reactivation of their certificates. licenses. The purposes of these 7
professional development requirements are to assist officials in maintaining professional 8
competence in their enforcement of the Code and to assure the health, safety, and welfare of the 9
citizens of North Carolina. An official subject to this section shall present evidence to the Board 10
at each certificate license renewal after initial certification, licensure that during the 12 months 11
before the certificate license expiration date, the official has completed the required number of 12
credit hours in courses approved by the Board. Annual continuing education hour requirements 13
shall be determined by the Board but shall not be more than six credit hours. 14
(c) The Board may require an individual who earns a certificate license under programs 15
established in G.S. 143-151.13 to complete professional development courses, not to exceed six 16
hours in each technical area of certification, licensure within one year after that individual is first 17
employed by a city or county inspection department. 18
(d) As a condition of reactivating a standard or limited certificate, license, the Board may 19
require the completion of professional development courses within one year after reemployment 20
as an official as follows: 21
(1) An individual who has been on inactive status for more than two years and 22
who has not been continuously employed by a city or county inspection 23
department during the period of inactive status shall complete professional 24
development courses not to exceed six hours for each technical area in which 25
the individual is certified.licensed. 26
(2) An individual who has been on inactive status for more than two years and 27
who has been continuously employed by a city or county inspection 28
department during the period of inactive status shall complete professional 29
development courses not to exceed three hours for each technical area in 30
which the individual is certified.licensed. 31
(3) An individual who has been on inactive status for two years or less shall 32
complete professional development courses not to exceed two hours for each 33
technical area in which the individual is certified.licensed. 34
(e) The Board may, for good cause shown, grant extensions of time to officials to comply 35
with these requirements. An official who, after obtainin g an extension under this subsection, 36
offers evidence satisfactory to the Board that the official has satisfactorily completed the required 37
professional development courses, is in compliance with this section. 38
(f) The Board may adopt rules to implement this section, including rules that govern: 39
(1) The content and subject matter of professional development courses. 40
(2) The criteria, standards, and procedures for the approval of courses, course 41
sponsors, and course instructors. 42
(3) The methods of instruction. 43
(4) The computation of course credit. 44
(5) The ability to carry-forward course credit from one year to another. 45
(6) The waiver of or variance from the professional development required for 46
hardship or other reasons. 47
(7) The procedures for compliance and sanctions for noncompliance. 48
(g) Each course sponsor shall pay the Board a fee of one dollar ($1.00) per approved 49
credit hour per individual who successfully completes a course under the provisions of this 50
section. 51
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Page 10 Senate Bill 368-First Edition
(h) At the time a course sponsor submits a n application to the Board for approval of a 1
course under the provisions of this section, the sponsor shall pay to the State Fire Marshal a filing 2
fee of one hundred dollars ($100.00) per course up to a maximum of two thousand five hundred 3
dollars ($2,500) per calendar year. 4
(i) An official who selects a course other than one offered by an approved course sponsor 5
and who seeks approval of the course pursuant to rules adopted by the Board shall, upon approval 6
of the course, pay a fee of one dollar ($1.00) per approved credit hour." 7
SECTION 8.(f) G.S. 143-151.14 reads as rewritten: 8
"§ 143-151.14. Comity. 9
(a) The Board may, without requiring an examination, grant a standard certificate license 10
as a qualified Code-enforcement Code official for a particular type of position and level to any 11
person who, at the time of application, is certified as a qualified Code-enforcement Code official 12
in good standing by a similar board of another state, district or territory where standards are 13
acceptable to the Board and not lower than those required by this Article for a similar type of 14
position and level in this State. 15
(b) The Board may, without requiring an examination, grant a standard certificate license 16
as a qualified Code-enforcement Code official for a particular type of position and level to any 17
person who, at the time of application, is certified licensed as a qualified Code-enforcement Code 18
official in good standing by the International Code Council Council, the United States 19
Department of Defense, or the International Fire Services Accreditation Congress where 20
standards and examination are acceptable to the Board and not lower than those required by this 21
Article for a type of position and level in this State. 22
(c) The certificates licenses granted under subsections (a) and (b) of this section shall 23
expire after three years unless within that time period the holder completes a short course, as 24
prescribed by the Board, relating to the State Building Code regulations and Code-enforcement 25
Code compliance inspection or review administration. 26
(d) A fee of not more than twenty dollars ($20.00), as determined by the Board, must be 27
paid by any applicant to the Board for the issuance of a certificate license under this section. The 28
provisions of G.S. 143-151.16(b) relating to renewal fees and late renewals shall apply to every 29
person granted a standard certificate license in accordance with this section." 30
SECTION 8.(g) G.S. 143-151.15 reads as rewritten: 31
"§ 143-151.15. Return of certificate license to Board; reissuance by Board. 32
A certificate license issued by the Board under this Article is valid as long as the person 33
certified licensed is employed by the State of North Carolina or any political subdivision thereof 34
as a Code-enforcement Code official, or is employed by a federally recognized Indian Tribe to 35
perform inspections on tribal lands as a Code-enforcement Code official. When the person 36
certified licensed leaves that employment for any reason, he shall return the certificate license to 37
the Board. If the person subsequently obtains employment as a Code-enforcement Code official 38
in any governmental jurisdiction described above, the Board may reissue the certificate license 39
to him. The provisions of G.S. 143-151.16(b) relating to renewal fees and late renewals shall 40
apply, if appropriate. The provisions of G.S. 143-151.16(c) shall not apply. This section does not 41
affect the Board's powers under G.S. 143-151.17." 42
SECTION 8.(h) G.S. 143-151.16 reads as rewritten: 43
"§ 143-151.16. Certification License fees; renewal of certificates; licenses; examination fees. 44
(a) The Board shall establish a schedule of fees to be paid by each applicant for 45
certification licensure as a qualified Code-enforcement Code official. Such fee shall not exceed 46
twenty dollars ($20.00) for each applicant.license application. 47
(b) A certificate, license, other than a probationary certificate, license, as a qualified 48
Code-enforcement Code official issued pursuant to the provisions of this Article must be renewed 49
annually on or before the first day of July. June 30. Each application for renewal must be 50
accompanied by a renewal fee to be determined by the Board, but not to exceed ten dollars 51
General Assembly Of North Carolina Session 2025
Senate Bill 368-First Edition Page 11
($10.00). fifty dollars ($50.00). The Board is authorized to charge an extra four dollar ($4.00) 1
late renewal fee for renewals made after the first day of July June 30 each year. 2
(c) Any person who fails to renew his certificate license for a period of two consecutive 3
years may be required by the B oard to take and pass the same examination as unlicensed 4
applicants before allowing such person to renew his certificate.license. 5
… 6
(e) The Board shall approve course offerings for all continuing education programs and 7
may charge a fee of up to one hundred dollars ($100.00) per course for review and approval of 8
the continuing education program." 9
SECTION 8.(i) G.S. 143-151.17 reads as rewritten: 10
"§ 143-151.17. Grounds for disciplinary actions; investigation; administrative procedures. 11
(a) The Board has the power to suspend, revoke, demote to a lower level, or refuse to 12
grant a certificate license issued under this Article to any person to whom any of the following 13
applies: 14
(1) Has been convicted of a felony against this State or the United States, or 15
convicted of a felony in another state that would also be a felony if it had been 16
committed in this State. 17
(2) Has obtained certification licensure through fraud, deceit, or perjury. 18
(3) Has knowingly aided or abetted any person practicing contrary to the 19
provisions of this Article or the State Building Code or any building codes 20
adopted by a federally recognized Indian Tribe. 21
(4) Has defrauded the public or attempted to do so. 22
(5) Has affixed his or her signature to a report of inspection or other instrument 23
of service if no inspection has been made by him or her or under his or her 24
immediate and responsible direction. 25
(6) Has been guilty of willful misconduct, gross negligence, or gross 26
incompetence. 27
(b) The Board may investigate the actions of any qualified Code-enforcement Code 28
official or applicant upon the verified complaint in writing of any person alleging a violation of 29
subsection (a) of this section. The Board may suspend, revoke, or demote to a lower level any 30
certificate license of any qualified Code-enforcement Code official and refuse to grant a 31
certificate license to any applicant, whom it finds to have been guilty of one or more of the actions 32
set out in subsection (a) of this section as grounds for disciplinary action. 33
(c) A denial, suspension, revocation, or demotion to a lower level of a certificate license 34
issued under this Article shall be made in accordance with Chapter 150B of the General Statutes. 35
(d) The Board may deny an application for a certificate license for any of the grounds 36
that are described in subsection (a) of this section. Within 30 days after receipt of a notification 37
that an application for a certificate license has been denied, the applicant may make a written 38
request for a review by a committee designated by the chairman of the Board to determine the 39
reasonableness of the Board's action. The review shall be completed without undue delay, and 40
the applicant shall be notified promptly in writing as to the outcome of the review. Within 30 41
days after service of the notification as to the outcome, the applicant may make a written request 42
for a hearing under Article 3A of Chapter 150B of the General Statutes if the applicant disagrees 43
with the outcome. 44
(e) This section applies to Code-enforcement Code officials and applicants who are 45
employed or seek to be employed by a federally recognized Indian Tribe to perform inspections 46
on tribal lands." 47
SECTION 8.(j) G.S. 143-151.18 reads as rewritten: 48
"§ 143-151.18. Violations; penalty; injunction. 49
On and after July 1, 1979, it shall be unlawful for any person to represent himself as a 50
qualified Code-enforcement Code official who does not hold a currently valid certificate of 51
General Assembly Of North Carolina Session 2025
Page 12 Senate Bill 368-First Edition
qualification license issued by the Board. Further, it shall be unlawful for any person to practice 1
Code enforcement compliance inspections or review except as allowed by any currently valid 2
certificate license issued to that person by the Board. Any person violating any of the provisions 3
of this Article shall be guilty of a Class 1 misdemeanor. The Board is authorized to apply to any 4
judge of the superior court for an injunction in order to prevent any violation or threatened 5
violation of the provisions of this Article." 6
SECTION 8.(k) G.S. 143-151.19 reads as rewritten: 7
"§ 143-151.19. Administration. 8
(a) The Division of Engineering and Building Codes in the Department of Insurance 9
Office of the State Fire Marshal shall provide clerical and other staff services required by the 10
Board, and shall administer and enforce all provisions of this Article and all rules promulgated 11
pursuant to this Article, subject to the direction of the Board, except as delegated by this Article 12
to local units of government, other State agencies, corporations, or individuals. 13
(b) The Board shall make copies of this Article and the rules adopted under this Article 14
available to the public at a price determined by the Board. 15
(c) The Board shall keep current a record of the names and addresses of all qualifi ed 16
Code-enforcement Code officials and additional personal data as the Board deems necessary. 17
The Board annually shall publish a list maintain a directory of all currently certified 18
Code-enforcement licensed Code officials. 19
(d) Each certificate license issued by the Board shall contain such identifying information 20
as the Board requires. 21
(e) The Board shall issue a duplicate certificate license to practice as a qualified 22
Code-enforcement Code official in place of one which has been lost, destroyed, or mutila ted 23
upon proper application and payment of a fee to be determined by the Board." 24
SECTION 8.(l) G.S. 143-151.20 reads as rewritten: 25
"§ 143-151.20. Donations and appropriations. 26
… 27
(b) The Board may provide grants as a reimbursement for actual expenses incu rred by 28
the State or political subdivision thereof for the provisions of training programs of officials from 29
other jurisdictions within the State. The Board, by rules, shall provide for the administration of 30
the grant program authorized herein. In promulga ting such rules, the Board shall promote the 31
most efficient and economical program of Code-enforcement Code compliance inspection or 32
review training, including the maximum utilization of existing facilities and programs for the 33
purpose of avoiding duplication." 34
SECTION 8.(m) G.S. 143-151.21 reads as rewritten: 35
"§ 143-151.21. Disposition of fees. 36
Fees collected by the State Fire Marshal under this Article shall be credited to the Insurance 37
Regulatory Fund created under G.S. 58-6-25.deposited in the State treasury to the account of the 38
Board." 39
SECTION 8.(n) G.S. 143-151.22, as enacted by Section 3.4(b) of S.L. 2024 -49, 40
reads as rewritten: 41
"§ 143 -151.22. North Carolina State Building Code Permit Technician; certification 42
program; professional development requirements; renewal of certificates; fees; 43
exam waivers. 44
(a) State Building Code Permit Technician Certification Program. – The Board shall 45
develop a North Carolina State Building Code Permit Technician certification program and North 46
Carolina State Building Code Permit Technician Certificate. To obtain a certificate, a person 47
must pass an examination, as prescribed by the Board, that is based on the North Carolina State 48
Building Code, administrative procedures applicable to permit administration, a nd relevant 49
topics in support of Code-enforcement Code officials and local inspection departments. The 50
General Assembly Of North Carolina Session 2025
Senate Bill 368-First Edition Page 13
Board may issue a certificate to each person who successfully completes the examination. The 1
certificate shall bear the signatures of the chairman and secretary of the Board. 2
… 3
(e) Qualified Code-Enforcement Code Official Exam Waiver. – The Board shall, without 4
requiring an examination, grant a certificate pursuant to this section to any person who, at the 5
time of application, possesses a Building Inspec tor standard certificate license issued by the 6
Board and who is in good standing. The Board may assess a fee for a certificate issued pursuant 7
to this subsection, to the extent authorized by subsection (d) of this section for an initial 8
certification. 9
…." 10
SECTION 8.(o) G.S. 143-151.23 reads as rewritten: 11
"§ 143-151.23. Disasters and emergencies; temporary certificates.licenses. 12
(a) When a state of emergency, as defined in G.S. 166A-19.3, has been declared by the 13
Governor due to a natural disaster such as a hurricane, tornado, or flood, or due to a pending 14
disaster, the Board may issue temporary standard or limited certificates licenses to retired 15
qualified Code-enforcement Code officials to conduct Code enforcement compliance inspections 16
or review in the emergency area, as defined in G.S. 166A-19.3, for the duration of the state of 17
emergency. 18
(b) A temporary standard or limited certificate license issued under this section shall 19
expire at the termination of the state of emergency or 12 months, whichever is earlier. If after 12 20
months the state of emergency has not expired, the Board may renew the temporary standard or 21
limited certificate.license. 22
(c) A qualified Code-enforcement Code official who has been on inactive status and is 23
issued a temporary standard or limited certificate license under this section shall not be subject 24
to the continuing education requirements established pursuant to G.S. 143-151.13A, unless the 25
individual has been inactive or retired over two years and not continuously employed by a city 26
or county inspection department." 27
SECTION 8.(p) Transition from Certificates to Licenses. – The following provisions 28
shall govern the transition from certificates previously issued by the Code Officials Qualification 29
Board to licenses under this section: 30
(1) Automatic conversion. – All individuals holding valid probationary, standard, 31
or limited Code -official certificates issued by the Board as of the effective 32
date of this se ction shall automatically be deemed to hold the equivalent 33
licenses issued under Article 9C of Chapter 143 of the General Statutes, as 34
amended by this section, without further examination, application, fees, or 35
additional qualification requirements. These licenses shall authorize holders 36
to engage in Code -enforcement or Code compliance inspection or review 37
activities to the same extent and under the same conditions as the certificates 38
previously held. 39
(2) Pending applications. – An application for certification submitted prior to the 40
effective date of this section, which remains pending on that date, shall be 41
processed as an application for licensure. Such application shall not require 42
resubmission or additional qualifications solely due to the change in 43
designation from certificate to license provided by this section. A license 44
issued pursuant to this subdivision shall be approved under the same 45
conditions and standards that applied to certification immediately prior to the 46
effective date of this section. 47
(3) Renewal of licenses. – Upon expiration of any certificate converted into a 48
license under subdivision (1) of this subsection, the Board shall permit 49
individuals to renew their credential under the standards applicable to a license 50
General Assembly Of North Carolina Session 2025
Page 14 Senate Bill 368-First Edition
in accordance with the renewal provisions of G.S. 143-151.16, as amended by 1
subsection (h) of this section. 2
SECTION 8.(q) Effective Date. – This section becomes effective October 1, 2025. 3
4
PART IX. CLARIFY ELE CTRICAL CODE REQUIRE MENTS FOR ENERGIZING 5
BUILDINGS 6
SECTION 9. G.S. 143-143.2(a) reads as rewritten: 7
"(a) The electric wiring of houses or buildings for lighting or for other purposes shall 8
conform to the requirements of the North Carolina State Building Code Electrical Code and other 9
applicable State and local laws." 10
11
PART X. EXTEND EXEMPTION FROM DEPARTMENT OF A DMINISTRATION 12
OWNERSHIP OF PASSENG ER MOTOR VEHICLES US ED PRIMARILY FOR 13
LAW-ENFORCEMENT, FIRE, OR EMERGENCY PURP OSES TO THE OFFICE O F 14
THE STATE FIRE MARSHAL 15
SECTION 10. G.S. 143-341 reads as rewritten: 16
"§ 143-341. Powers and duties of Department. 17
The Department of Administration has the following powers and duties: 18
… 19
(8) General Services: 20
… 21
i. To establish and operate a central motor fleet and such subsidiary 22
related facilities as the Secretary may deem necessary, and to that end: 23
… 24
3. To require on a schedule determined by the Department all 25
State agencies to transfer ownership, custody or control of any 26
or all passenger motor vehicles within the ownership, custody 27
or control of that agency to the Department, except those motor 28
vehicles vehicles: (i) under the ownership, custody or control 29
of the Highway Patrol, the State Bureau of Investigation, the 30
State Capitol Police, the Alcohol Law Enforcement Division 31
of the Department of Public Safety, the Samarcand Training 32
Academy, or the constituent institutions of The University of 33
North Carolina which are used primarily for law -enforcement 34
purposes.purposes or (ii) under the ownership, custody or 35
control of the Office of the State Fire Marshal which are used 36
primarily for law-enforcement, fire, or emergency purposes. 37
…." 38
39
PART XI. ENHANCE AUTHORITY OF THE STATE FIRE MARSHAL OVER LOCAL 40
INSPECTIONS, FEES, RECORDS, AND EMERGENCY ELECTRICAL INSPECTIONS 41
SECTION 11.(a) G.S. 58-78A-15 reads as rewritten: 42
"§ 58-78A-15. State Fire Marshal to supervise local inspectors. 43
(a) The State Fire Marshal shall exercise general supervision over local investigators of 44
fires and fire prevention inspectors. Whenever the State Fire Marshal has reason to believe that 45
the local inspectors are not doing their duty, the State Fire Marshal or the State Fire Marshal's 46
deputy shall make special trips of inspection and take proper steps to have all the provisions of 47
the law relative to the investigation of fires and the prevention of fire waste enforced. 48
(b) The State Fire Marshal shall exercise general supervision over local inspection 49
departments, including departments that issue permits for work subject to the North Carolina 50
State Building Code. If the State Fire Marshal determines that a local inspection department has 51
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failed to provide inspection services, ceased providing inspection services, or is otherwise failing 1
to adequately fulfill its duties under this Chapter or Chapter 160D of the General Statutes, the 2
State Fire Marshal shall initiate appropriate corrective actions as provided by G.S. 160D-1102(b). 3
Such actions may include arranging alternate inspection services, suspending the local inspection 4
department's authority, and assigning inspection duties to another jurisdiction or directly to the 5
State. A local government whose inspection authority has been suspended under this subsection 6
may resume providing inspection services only in accordance with the requirements set forth in 7
G.S. 160D-1102(b). Nothing in this Chapter shall prohibit the Stat e Fire Marshal or the State 8
from directly performing inspection duties for any jurisdiction whose inspection department has 9
been suspended. 10
(c) During any declared state of emergency or disaster, including a state emergency 11
declared pursuant to G.S. 166A-19.20 or G.S. 166A-19.22 or a federal emergency or major 12
disaster declared pursuant to the Stafford Act (P.L. 93 -288), the State Fire Marshal shall have 13
authority to decree alternative methods for achieving compliance with the North Carolina State 14
Building Code and to evaluate and approve any system regulated by the North Carolina State 15
Building Code in the State by any means necessary. During emergencies and disasters, the State 16
Fire Marshal shall have the authority to allow persons licensed as an electrica l contractor, as 17
defined in Article 4 of Chapter 87 of the General Statutes, to evaluate and approve systems 18
regulated by the North Carolina Electrical Code and appropriate for such license directly affected 19
by such events." 20
SECTION 11.(b) G.S. 160D-402(d) reads as rewritten: 21
"(d) Financial Support. – The local government may appropriate for the support of the 22
staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, 23
administration, and implementation of programs auth orized by this Chapter. All fees collected 24
by a building inspection department for the administration and enforcement of provisions set 25
forth in Article 11 of this Chapter shall be used to support the administration and operations of 26
the building inspection department and for no other purposes. When an inspection, for which the 27
permit holder has paid a fee to the local government, is performed by a marketplace pool 28
Code-enforcement official upon request of the State Fire Marshal under G.S. 143-151.12(9)a., 29
the local government shall promptly return to the permit holder the fee collected by the local 30
government for such inspection. Whenever an inspections department has been suspended under 31
G.S. 58-78A-15(b), the local government shall remit all building perm it, inspection, and 32
reinspection fees collected by the local government for inspections to be conducted during the 33
suspension period to the jurisdiction assigned to perform the inspections. This subsection applies 34
to the following types of inspection: plum bing, electrical systems, general building restrictions 35
and regulations, heating and air-conditioning, and the general construction of buildings." 36
SECTION 11.(c) G.S. 160D-1126 reads as rewritten: 37
"§ 160D-1126. Records and reports. 38
The inspection departm ent shall keep complete and accurate records as prescribed by the 39
Engineering Division of the Office of the State Fire Marshal in convenient form of all 40
applications received, permits issued, inspections and reinspections made, defects found, 41
certificates of compliance or occupancy granted, and all other work and activities of the 42
department. These records shall be kept in the man ner and for the periods prescribed by the 43
Department of Natural and Cultural Resources. Periodic reports shall be submitted to the 44
governing board and to the State Fire Marshal as prescribed by the Engineering Division of the 45
Office of the State Fire Marshal and they shall by ordinance, rule, or other regulation require. 46
Any inspection department that fails to comply with this section shall be subject to suspension 47
as described in G.S. 58-78A-15(b)." 48
SECTION 11.(d) Effective Date. – This section becomes effective July 1, 2026. 49
50
PART XII. RULEMAKING, SEVERABILITY CLAUSE, AND EFFECTIVE DATE 51
General Assembly Of North Carolina Session 2025
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SECTION 12.(a) Rulemaking Authority. – The Office of the State Fire Marshal, the 1
State Fire and Rescue Commission, the North Carolina Home Inspector Licensure Board, and 2
the North Carolina Code Officials Qualification Board shall adopt rules to implement the 3
provisions of this act. 4
SECTION 12.(b) Severability. – If any provision of this act or the application thereof 5
to any person or circumstances is held invalid, such invalidity shall not affect other provisions or 6
applications of this act that can be given effect without the invalid provision or application and, 7
to this end, the provisions of this act are declared to be severable. 8
SECTION 12.(c) Effective Date. – Except as otherwise provided, this act is effective 9
when it becomes law. 10