H'cane Helene Bldg Code Window Exemption.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 602
Commerce and Insurance Committee Substitute Adopted 4/15/25

Short Title: H'cane Helene Bldg Code Window Exemption. (Public)
Sponsors:
Referred to:
March 26, 2025
*S602-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE A TEMPORARY EXEMPTIO N FROM CERTAIN STATE 2
BUILDING CODE REQUIREMENTS PERTAINING TO FIRE-RESISTANT WINDOWS 3
FOR DOWNTOWN, COMMER CIAL STRUCTURES DAMA GED BY HURRICANE 4
HELENE. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. For purposes of this act, the following definitions apply: 7
(1) Eligible building. – A commercial building or structure that meets all of the 8
following: 9
a. The building or structure is located in a Helene -affected county, as 10
defined by this section, that existed prior to September 27, 2024, and 11
was directly damaged or destroyed by Hurricane Helene. 12
b. The building or structure must be solely classified as a commercial 13
occupancy under the North Carolina State Building Code and not 14
classified under any residential or mixed -use occupancy group in the 15
North Carolina State Building Code. 16
c. The building or structure must be located within the central business 17
district or downtown commercial district, as of September 27, 2024, 18
of a city, as defined by G.S. 160A-1. 19
d. The building or structure must be undergoing reconstruction, 20
rebuilding, rehabilitation, or repair solely for the purpose of restoring 21
the building to substantially its previous condition, use, occupancy, 22
and size, without expanding its original footprint, height, or changing 23
its occupancy classification under the North Carolina State Building 24
Code. 25
(2) Fire-resistant window requirements. – Any provision of the North Carolina 26
State Building Code, including the Building Code and the R esidential Code, 27
requiring the installation of fire -resistant or fire -rated windows, window 28
glazing, or other fire -rated opening protections for exterior or interior wall 29
openings when constructing, altering, or repairing a building. This includes 30
window requirements for fire protection based on building use, occupancy, 31
proximity to property lines, fire separation distance, interior fire barriers, 32
corridors, partitions, or location in fire-prone areas. 33
(3) Helene-affected county. – Any county in North Carol ina declared a major 34
disaster by the President of the United States under the Stafford Act (P.L. 35
93-288) as a result of Hurricane Helene. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 602-Second Edition
SECTION 2.(a) Window Exemption for Eligible Buildings. – Notwithstanding any 1
provision of the North Carolina State Bu ilding Code, G.S. 143-138, or any other law to the 2
contrary, the owner of an eligible building may elect to reconstruct or repair the building with 3
window assemblies having the same fire -protection rating that existed in the building as of 4
September 27, 20 24, without being required to upgrade to the current fire -resistant window 5
assemblies required by the North Carolina State Building Code. This exemption applies solely 6
to the North Carolina State Building Code provisions mandating a higher or upgraded 7
fire-protection rating or fire-resistant glazing for window openings. This exemption is available 8
only when the work on the eligible building is solely to restore damage caused by Hurricane 9
Helene and does not include additions or changes that would otherwise trigger the higher 10
fire-resistant window requirements. 11
SECTION 2.(b) Limitation on Exemption. – If the exemption provided by this act 12
is elected for an eligible building, all other applicable provisions of the North Carolina State 13
Building Code shall remain in full force and effect. The exemption provided by this section does 14
not relieve the building from compliance with other fire safety or North Carolina State Building 15
Code requirements. 16
SECTION 2.(c) Required Affidavit. – A building owner electing to u tilize the 17
exemption provided by this section shall submit a written affidavit to the local building 18
inspections department with the building permit application and prior to the installation of any 19
windows. The affidavit shall be signed by the owner and notarized to constitute a legally binding 20
statement. The local building inspections department shall retain the affidavit with the building 21
permit records and note the exemption on the certificate of occupancy. The affidavit shall include 22
all of the following: 23
(1) A citation to this act and confirmation that the building qualifies as an eligible 24
building under subdivision (1) of Section 1 of this act. 25
(2) A statement that the owner voluntarily assumes any risks associated with not 26
installing fire-resistant window assemblies. 27
(3) Identification of the specific window installations for which the exemption is 28
claimed. 29
SECTION 2.(d) Expiration of Exemption. – To utilize the exemption provided by 30
this section, an owner shall claim the exemption with submission of their building permit 31
application within two years of the effective date of this act. Buildings with windows installed 32
under the exemption may continue to use those windows following the expiration of the two-year 33
period specified by this section; however, any subsequent renovations or additions shall comply 34
with the State Building Code as then in effect. 35
SECTION 2.(e) Liability Protection. – No state or local government, building code 36
official, inspector, or department shall be liable for any damages aris ing directly or indirectly 37
from a building owner's use of the exemption provided by this section. 38
SECTION 2.(f) Rulemaking. – The Office of the State Fire Marshal and the North 39
Carolina Building Code Council may adopt rules to implement the provisions of this act. The 40
Office of the State Fire Marshal shall produce a standard form to provide to local code 41
enforcement officials that may be provided to building owners upon request for purposes of the 42
affidavit requirements of subsection (c) of this section. 43
SECTION 3. This act is effective when it becomes law and applies to eligible 44
buildings for which a Certificate of Occupancy is issued on or after that date. 45