North Carolina § 143-138 - North Carolina State Building Code.

§ 143-138. North Carolina State Building Code.

Preparation and Adoption. - The Building Code Council may prepare and adopt, in accordance with the provisions of this Article, a North Carolina State Building Code. Before the adoption of the Code, or any part of the Code, the Council shall hold at least one public hearing. A notice of the public hearing shall be published in the North Carolina Register at least 15 days before the date of the hearing. Notwithstanding G.S. 150B-2(8a)h., the North Carolina State Building Code as adopted by the Building Code Council is a rule within the meaning of G.S. 150B-2(8a) and shall be adopted in accordance with the procedural requirements of Article 2A of Chapter 150B of the General Statutes. Additional Adoption Requirements. - The Council shall request the Office of State Budget and Management to prepare a fiscal note for a proposed Code change that has a substantial economic impact, as defined in G.S. 150B-21.4(b1), or that increases the cost of residential housing by eighty dollars ($80.00) or more per housing unit. The change can become effective only in accordance with G.S. 143-138(d). Neither the Department of Insurance nor the Council shall be required to expend any monies to pay for the preparation of any fiscal note under this section by any person outside of the Department or Council unless the Department or Council contracts with a third-party vendor to prepare the fiscal note. The Council shall conduct a cost-benefit analysis for all proposed changes considered after January 1, 2018, to the North Carolina Energy Conservation Code. Contents of the Code. - The North Carolina State Building Code, as adopted by the Building Code Council, may include reasonable and suitable classifications of buildings and structures, both as to use and occupancy; general building restrictions as to location, height, and floor areas; rules for the lighting and ventilation of buildings and structures; requirements concerning means of egress from buildings and structures; requirements concerning means of ingress in buildings and structures; rules governing construction and precautions to be taken during construction; rules as to permissible materials, loads, and stresses; rules governing chimneys, heating appliances, elevators, and other facilities connected with the buildings and structures; rules governing plumbing, heating, air conditioning for the purpose of comfort cooling by the lowering of temperature, and electrical systems; and such other reasonable rules pertaining to the construction of buildings and structures and the installation of particular facilities therein as may be found reasonably necessary for the protection of the occupants of the building or structure, its neighbors, and members of the public at large. Fire Protection; Smoke Detectors. - The Code may regulate activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion, or related hazards. Such fire prevention code provisions shall be considered the minimum standards necessary to preserve and protect public health and safety, subject to approval by the Council of more stringent provisions proposed by a municipality or county as provided in G.S. 143-138(e). These provisions may include regulations requiring the installation of either battery-operated or electrical smoke detectors in every dwelling unit used as rental property, regardless of the date of construction of the rental property. For dwelling units used as rental property constructed prior to 1975, smoke detectors shall have an Underwriters' Laboratories, Inc., listing or other equivalent national testing laboratory approval, and shall be installed in accordance with either the standard of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the property owner shall retain or provide as proof of compliance. Carbon Monoxide Alarms. - The Code (i) may contain provisions requiring the installation of either battery-operated or electrical carbon monoxide alarms in every dwelling unit having a combustion heater, appliance, or fireplace, and in any dwelling unit having an attached garage and (ii) shall contain provisions requiring the installation of electrical carbon monoxide alarms at a lodging establishment. Violations of this subsection and rules adopted pursuant to this subsection shall be punishable in accordance with subsection (h) of this section and G.S. 143-139. In particular, the rules shall provide: For dwelling units, carbon monoxide alarms shall be those listed by a nationally recognized testing laboratory that is approved to test and certify to American National Standards Institute/Underwriters Laboratories Standards ANSI/UL2034 or ANSI/UL2075 and shall be installed in accordance with either the standard of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the property owner shall retain or provide as proof of compliance. A carbon monoxide alarm may be combined with smoke detectors if the combined alarm does both of the following: (i) complies with ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms and ANSI/UL217 for smoke detectors; and (ii) emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke. For lodging establishments, including tourist homes that provide accommodations for seven or more continuous days (extended-stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A-247, carbon monoxide alarms shall be installed in every dwelling unit or sleeping unit having a combustion heater, appliance, or fireplace and in every dwelling unit or sleeping unit that shares a common wall, floor, or ceiling with a room having a combustion heater, appliance, or fireplace. Carbon monoxide alarms shall be (i) listed by a nationally recognized testing laboratory that is approved to test and certify to American National Standards Institute/Underwriters Laboratories (ANSI/UL) Standards ANSI/UL2034 or ANSI/UL2075, (ii) installed in accordance with either the standard of the National Fire Protection Association (NFPA) or the minimum protection designated in the manufacturer's instructions, which the lodging establishment shall retain or provide as proof of compliance, (iii) receive primary power from the building's wiring, where such wiring is served from a commercial source, and (iv) receive power from a battery when primary power is interrupted. A carbon monoxide alarm may be combined with smoke detectors if the combined alarm complies with the requirements of this subdivision for carbon monoxide alarms and ANSI/UL217 for smoke alarms. In lieu of the carbon monoxide alarms required by this subsection, a carbon monoxide detection system, which includes carbon monoxide detectors and audible notification appliances installed and maintained in accordance with NFPA 720, shall be permitted. The carbon monoxide detectors shall be listed as complying with ANSI/UL2075. For purposes of this subsection, "lodging establishment" means any hotel, motel, tourist home, or other establishment permitted under authority of G.S. 130A-248 to provide lodging accommodations for pay to the public, and "combustion heater, appliance, or fireplace" means any heater, appliance, or fireplace that burns combustion fuels, including, but not limited to, natural or liquefied petroleum gas, fuel oil, kerosene, wood, or coal for heating, cooking, drying, or decorative purposes, including, but not limited to, space heaters, wall and ceiling heaters, ranges, ovens, stoves, furnaces, fireplaces, water heaters, and clothes dryers. For purposes of this subsection, candles and canned fuels are not considered to be combustion appliances. The Building Code Council shall modify the NC State Building Code (Fire Prevention) to regulate the provisions of this subsection in new and existing lodging establishments, including hotels, motels, tourist homes that provide accommodations for seven or more continuous days (extended-stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A-247; provided nothing in this subsection shall prevent the Building Code Council from establishing more stringent rules regulating carbon monoxide alarms or detectors for new lodging establishments, including hotels, motels, tourist homes that provide accommodations for seven or more continuous days (extended-stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A-247. The Building Code Council shall modify the NC State Building Code (Fire Prevention) minimum inspection schedule to include annual inspections of new and existing lodging establishments, including hotels, motels, and tourist homes that provide accommodations for seven or more continuous days (extended-stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A-247 for the purpose of compliance with this subsection. Upon discovery of a violation of this subsection that poses an imminent hazard and that is not corrected during an inspection of a lodging establishment subject to the provisions of G.S. 130A-248, the code official responsible for enforcing the NC State Building Code (Fire Prevention) shall immediately notify the local health director for the county in which the violation was discovered, or the local health director's designee, by verbal contact and shall also submit a written report documenting the violation of this subsection to the local health director for the county in which the violation was discovered, or the local health director's designee, on the next working day following the discovery of the violation. Within one working day of receipt of the written report documenting a violation of this subsection, the local health director for the county in which the violation was discovered, or the local health director's designee, shall investigate and take appropriate action regarding the permit for the lodging establishment, as provided in G.S. 130A-248. Lodging establishments having five or more rooms that are exempted from the requirements of G.S. 130A-248 by G.S. 130A-250 shall be subject to the penalties set forth in the NC State Building Code (Fire Prevention). Upon discovery of a violation of this subsection that does not pose an imminent hazard and that is not corrected during an inspection of a lodging establishment subject to the provisions of G.S. 130A-248, the owner or operator of the lodging establishment shall have a correction period of three working days following the discovery of the violation to notify the code official responsible for enforcing the NC State Building Code (Fire Prevention) verbally or in writing that the violation has been corrected. If the code official receives such notification, the code official may reinspect the portions of the lodging establishment that contained violations, but any fees for reinspection shall not exceed the fee charged for the initial inspection. If the code official receives no such notification, or if a reinspection discovers that previous violations were not corrected, the code official shall submit a written report documenting the violation of this subsection to the local health director for the county in which the violation was discovered, or the local health director's designee, within three working days following the termination of the correction period or the reinspection, whichever is later. The local health director shall investigate and may take appropriate action regarding the permit for the lodging establishment, as provided in G.S. 130A-248. Lodging establishments having five or more rooms that are exempted from the requirements of G.S. 130A-248 by G.S. 130A-250 shall be subject to the penalties set forth in the NC State Building Code (Fire Prevention). The requirements of subdivisions (2) through (5) of this subsection shall not apply to properties subject to the provisions of either G.S. 42-42 or G.S. 42A-31. Applicability of the Code. - Except as provided by subsections (b4) and (c1) of this section, the Code may contain provisions regulating every type of building or structure, wherever it might be situated in the State. Exclusion for Certain Farm Buildings. - Building rules do not apply to (i) farm buildings that are located outside the building-rules jurisdiction of any municipality, (ii) farm buildings that are located inside the building-rules jurisdiction of any municipality if the farm buildings are greenhouses or therapeutic equine facilities, (iii) a primitive camp, or (iv) a primitive farm building. For the purposes of this subsection: For the purposes of this subdivision, a "farm building" means any nonresidential building or structure that is used for a bona fide farm purpose as provided in G.S. 153A-340. A "farm building" shall include: Any structure used or associated with equine activities, including, but not limited to, the care, management, boarding, or training of horses and the instruction and training of riders. Structures that are associated with equine activities include, but are not limited to, free standing or attached sheds, barns, or other structures that are utilized to store any equipment, tools, commodities, or other items that are maintained or used in conjunction with equine activities. The specific types of equine activities, structures, and uses set forth in this subdivision are for illustrative purposes, and should not be construed to limit, in any manner, the types of activities, structures, or uses that may be considered under this subsection as exempted from building rules. A farm building that might otherwise qualify for exemption from building rules shall remain subject only to an annual safety inspection by the applicable city or county building inspection department of any grandstand, bleachers, or other spectator-seating structures in the farm building. An annual safety inspection shall include an evaluation of the overall safety of spectator-seating structures as well as ensuring the spectator-seating structure's compliance with any building codes related to the construction of spectator-seating structures in effect at the time of the construction of the spectator-seating. Any structure used for the display and sale of produce, no more than 1,000 square feet in size, open to the public for no more than 180 days per year, and certified by the Department of Agriculture and Consumer Services as a Certified Roadside Farm Market. Any unoccupied structure built upon land owned by the State of North Carolina and administratively allocated to the North Carolina Department of Agriculture and Consumer Services or North Carolina State University which is used primarily for forestry production and research or agriculture production and research. The term "agriculture" has the same meaning as in G.S. 106-581.1. The term "unoccupied" does not exclude the keeping of livestock. Central Alarm Facility Required. - A central alarm facility accessible at all times to fire department personnel or attended 24 hours a day, shall be provided and shall contain the following: Public service telephone. Direct communication to the control facility. Controls for the voice communication systems. Fire detection and alarm system annunciator panels to indicate the type of signal and the floor or zone from which the fire alarm is received, those signals, shall be both audible and visual with a silence switch for the audible. A "farm building" shall not lose its status as a farm building because it is used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting. A "greenhouse" is a structure that has a glass or plastic roof, has one or more glass or plastic walls, has an area over ninety-five percent (95%) of which is used to grow or cultivate plants, is built in accordance with the National Greenhouse Manufacturers Association Structural Design manual, and is not used for retail sales. Additional provisions addressing distinct life safety hazards shall be approved by the local building-rules jurisdiction. A "therapeutic equine facility" is an equine facility as described in sub-subdivision (1)a. of this subsection operated by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code that provides therapeutic equine-related activities for persons who are physically, intellectually, or emotionally challenged. Repealed by Session Laws 2015-263, s. 34, effective September 30, 2015. A "primitive camp" shall include any structure primarily used or associated with outdoor camping activities, including structures used for educational, instructional, or recreational purposes for campers and for management training, that are (i) not greater than 4,000 square feet in size and (ii) are not intended to be occupied for more than 24 hours consecutively. "Structures primarily used or associated with outdoor camping activities" include, but are not limited to, shelters, tree stands, outhouses, sheds, rustic cabins, campfire shelters, picnic shelters, tents, tepees or other indigenous huts, support buildings used only for administrative functions and not for activities involving campers or program participants, and any other structures that are utilized to store any equipment, tools, commodities, or other items that are maintained or used in conjunction with outdoor camping activities such as hiking, fishing, hunting, or nature appreciation, regardless of material used for construction. The specific types of primitive camping activities, structures, and uses set forth in this subdivision are for illustrative purposes and should not be construed to limit, in any manner, the types of activities, structures, or uses that are exempted from building rules. A "primitive farm building" shall include any structure used for activities, instruction, training, or reenactment of traditional or heritage farming practices. "Primitive farm buildings" include, but are not limited to, sheds, barns, outhouses, doghouses, or other structures that are utilized to store any equipment, tools, commodities, livestock, or other items supporting farm management. These specific types of farming activities, structures, and uses set forth by this subdivision are for illustrative purposes and should not be construed to limit in any manner the types of activities, structures, or uses that are exempted from building rules. Repealed by Session Laws 2015-263, s. 34, effective September 30, 2015. Exclusion for Certain Minor Activities in Residential and Farm Structures. - No permit shall be required under the Code or any local variance thereof approved under subsection (e) for any construction, installation, repair, replacement, or alteration performed in accordance with the current edition of the North Carolina State Building Code and costing fifteen thousand dollars ($15,000) or less in any single family residence or farm building unless the work involves any of the following: The addition, repair, or replacement of load bearing structures. However, no permit is required for replacements of windows, doors, exterior siding, or the pickets, railings, stair treads, and decking of porches and exterior decks that otherwise meet the requirements of this subsection. The addition or change in the design of plumbing. However, no permit is required for replacements otherwise meeting the requirements of this subsection that do not change size or capacity. The addition, replacement or change in the design of heating, air conditioning, or electrical wiring, appliances, or equipment. The use of materials not permitted by the North Carolina Residential Code for One- and Two-Family Dwellings. The addition (excluding replacement) of roofing. No State Agency Permit. - No permit shall be required under the Code from any State agency for the construction of any building or structure, the total cost of which is less than twenty thousand dollars ($20,000), except public or institutional buildings. Appendices. - For the information of users thereof, the Code shall include as appendices the following: Any rules governing boilers adopted by the Board of Boiler and Pressure Vessels Rules, Any rules relating to the safe operation of elevators adopted by the Commissioner of Labor, and Any rules relating to sanitation adopted by the Commission for Public Health which the Building Code Council believes pertinent. Exclusion for Certain Utilities. - Nothing in this Article shall extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of (1) equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuel purposes or anhydrous ammonia or other liquid fertilizers, except for liquefied petroleum gas from the outlet of the first stage pressure regulator to and including each liquefied petroleum gas utilization device within a building or structure covered by the Code, or (2) equipment or facilities, other than buildings, of a public utility, as defined in G.S. 62-3, a cable television company, or an electric or telephone membership corporation, including without limitation poles, towers, and other structures supporting electric, cable television, or communication lines. Exclusion for Industrial Machinery. - Nothing in this Article shall extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of industrial machinery. However, if during the building code inspection process, an electrical inspector has any concerns about the electrical safety of a piece of industrial machinery, the electrical inspector may refer that concern to the Occupational Safety and Health Division in the North Carolina Department of Labor but shall not withhold the certificate of occupancy nor mandate third-party testing of the industrial machinery based solely on this concern. For the purposes of this paragraph, "industrial machinery" means equipment and machinery used in a system of operations for the explicit purpose of producing a product or acquired by a State-supported center providing testing, research, and development services to manufacturing clients. The term does not include equipment that is permanently attached to or a component part of a building and related to general building services such as ventilation, heating and cooling, plumbing, fire suppression or prevention, and general electrical transmission. Replacement Water Heaters. - Exclusion. - No permit shall be required under the Code or any local variant approved under subsection (e) of this section for replacement of water heaters in one- or two-family dwellings, provided (i) the energy use rate or thermal input is not greater than that of the water heater which is being replaced, and there is no change in fuel, energy source, location, or routing or sizing of venting and piping, (ii) the work is performed by a person or employee of a company licensed under G.S. 87-21 or pursuant to G.S. 87-21(i), and (iii) the replacement is installed in accordance with the current edition of the North Carolina State Building Code. Energy efficiency. - The Code may contain rules concerning minimum efficiency requirements for replacement water heaters, which shall consider reasonable availability from manufacturers to meet installation space requirements and may contain rules concerning energy efficiency that require all hot water plumbing pipes that are larger than one-fourth of an inch to be insulated. School Seclusion Rooms. - No State, county, or local building code or regulation shall prohibit the use of special locking mechanisms for seclusion rooms in the public schools approved under G.S. 115C-391.1(e)(1)e., provided that the special locking mechanism shall be constructed so that it will engage only when a key, knob, handle, button, or other similar device is being held in position by a person, and provided further that, if the mechanism is electrically or electronically controlled, it automatically disengages when the building's fire alarm is activated. Upon release of the locking mechanism by a supervising adult, the door must be able to be opened readily. Cisterns. - The Code may include rules pertaining to the construction or renovation of residential or commercial buildings and structures that permit the use of cisterns to provide water for flushing toilets and for outdoor irrigation. No State, county, or local building code or regulation shall prohibit the use of cisterns to provide water for flushing toilets and for outdoor irrigation. As used in this subsection, "cistern" means a storage tank that is watertight; has smooth interior surfaces and enclosed lids; is fabricated from nonreactive materials such as reinforced concrete, galvanized steel, or plastic; is designed to collect rainfall from a catchment area; may be installed indoors or outdoors; and is located underground, at ground level, or on elevated stands. Migrant Housing. - The Council shall provide for an exemption from any requirements in the fire prevention code for installation of an automatic sprinkler system applicable to buildings meeting all of the following: Has one floor. Meets all requirements of 29 C.F.R. § 1910.142, as amended. Meets all requirements of Article 19 of Chapter 95 of the General Statutes and rules implementing that Article. Exclusion for Routine Maintenance of Pumps and Dispensers. - No permit shall be required under the Code or any local variant approved under subsection (e) of this section for routine maintenance on fuel dispensing pumps and other dispensing devices. For purposes of this subsection, "routine maintenance" includes repair or replacement of hoses, O-rings, nozzles, or emergency breakaways. Exclusion from Energy Code Requirements for Existing Commercial Buildings. - The alteration of commercial buildings and structures that received a certificate of occupancy prior to January 1, 2012, may be subject to the rules pertaining to energy efficiency and energy conservation that were in effect on December 31, 2011. The addition to commercial buildings and structures that received a certificate of occupancy prior to January 1, 2012, may be subject to the rules pertaining to energy efficiency and energy conservation that were in effect on December 31, 2011, so long as the addition does not increase the building area of the existing commercial building or structure to more than one hundred fifty percent (150%) of the building area of the commercial building or structure as it was in existence on December 31, 2011. For the purpose of this subsection, the term "commercial buildings and structures" shall include all structures and buildings that are not classified as a Group R occupancy by the Building Code Council. Exclusion for Electrical Devices and Lighting Fixtures. - No permit shall be required under the Code or any local variant approved under subsection (e) of this section for the repair or replacement of dishwashers, disposals, water heaters, electrical devices, or lighting fixtures in residential or commercial structures, provided that all of the following apply: The repair or replacement does not require the addition or relocation of electrical wiring. The work is performed by a person or employee of a company licensed under G.S. 87-43. The repair or replacement is performed in accordance with the current edition of the North Carolina State Building Code. Exclusion for Private Drinking Water Well Installation, Construction, Maintenance, and Repair. - No permit shall be required under the Code or any local variant approved under subsection (e) of this section for the electrical and plumbing activities associated with the installation, construction, maintenance, or repair of a private drinking water well when all of the following apply: The work is performed by a contractor certified under Article 7A of Chapter 87 of the General Statutes under the terms of a permit issued by the local health department pursuant to G.S. 87-97. The scope of work includes only the connection or disconnection of a well system to either the plumbing served by the well system or the electrical service that serves the well system. For purposes of this subsection, a well system includes the well, the pressure tank, the pressure switch, and all plumbing and electrical equipment in the well and between the well, pressure tank, and pressure switch. Exclusion From Energy Efficiency Code Requirements for Certain Use and Occupancy Classifications. - The Council shall provide for an exemption from any requirements in the energy efficiency standards pursuant to Chapter 13 of the 2012 North Carolina Building Code and the 2012 Energy Conservation Code, and any subsequent amendments to the Building Code and Energy Conservation Code, for the following use and occupancy classifications pursuant to Chapter 3 of the 2012 North Carolina Building Code: Section 306, Factory Group F; Section 311, Storage Group S; and Section 312, Utility and Miscellaneous Group U. This exclusion shall apply to the entire floor area of any structure for which the primary use or occupancy is listed herein. Exclusion From Energy Efficiency Code Requirements for Residential Garages. - The Council shall provide for an exemption for detached and attached garages located on the same lot as a dwelling from any requirements in the energy efficiency standards pursuant to Chapter 11 of the North Carolina Residential Code for One- and Two-Family Dwellings and Chapter 4 of the North Carolina Energy Conservation Code. Exclusion for Temporary Motion Picture, Television, and Theater Stage Sets and Scenery. - No permit shall be required under the North Carolina State Building Code or any local variant approved under subsection (e) of this section for any construction, installation, repair, replacement, or alteration of temporary motion picture, television, and theater stage sets and scenery that are being used for less than one year in one location and are inspected by the assigned fire code inspector. The Building Code Council shall create a fire code inspection checklist that shall be used for inspections under this subsection. Standards to Be Followed in Adopting the Code. - All regulations contained in the North Carolina State Building Code shall have a reasonable and substantial connection with the public health, safety, morals, or general welfare, and their provisions shall be construed reasonably to those ends. Requirements of the Code shall conform to good engineering practice. The Council may use as guidance, but is not required to adopt, the requirements of the International Building Code of the International Code Council, the Standard Building Code of the Southern Building Code Congress International, Inc., the Uniform Building Code of the International Conference of Building Officials, the National Building Code of the Building Officials and Code Administrators, Inc., the National Electric Code, the Life Safety Code, the National Fuel Gas Code, the Fire Prevention Code of the National Fire Protection Association, the Safety Code for Elevators and Escalators, and the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, and standards promulgated by the American National Standards Institute, Standards Underwriters' Laboratories, Inc., and similar national or international agencies engaged in research concerning strength of materials, safe design, and other factors bearing upon health and safety. Exemptions for Private Clubs and Religious Organizations. - The North Carolina State Building Code and the standards for the installation and maintenance of limited-use or limited-access hydraulic elevators under this Article shall not apply to private clubs or establishments exempted from coverage under Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a, et seq., or to religious organizations or entities controlled by religious organizations, including places of worship. A nonreligious organization or entity that leases space from a religious organization or entity is not exempt under this subsection. Amendments of the Code. - Subject to the procedures set forth in G.S. 143-136(c) and (d), the Building Code Council may periodically revise and amend the North Carolina State Building Code, either on its own motion or upon application from any citizen, State agency, or political subdivision of the State. In addition to the periodic revisions or amendments made by the Council, the Council shall, following the procedure set forth in G.S. 143-136(c), revise the North Carolina State Building Code: Residential Code for One- and Two-Family Dwellings, including provisions applicable to One- and Two-Family Dwellings from the NC Energy Code, NC Electrical Code, NC Fuel Gas Code, NC Plumbing Code, and NC Mechanical Code only every six years, to become effective the first day of January of the following year, with at least six months between adoption and effective date. The first six-year revision under this subsection shall be adopted to become effective January 1, 2019, and every six years thereafter. In adopting any amendment, the Council shall comply with the same procedural requirements and the same standards set forth above for adoption of the Code. The Council, through the Department of Insurance, shall publish in the North Carolina Register all appeal decisions made by the Council and all formal opinions at least semiannually. The Council, through the Department of Insurance, shall also publish at least semiannually in the North Carolina Register a statement providing the accurate Web site address and information on how to find additional commentary and interpretation of the Code. Effect upon Local Codes. - Except as otherwise provided in this section, the North Carolina State Building Code shall apply throughout the State, from the time of its adoption. Approved rules shall become effective in accordance with G.S. 150B-21.3. However, any political subdivision of the State may adopt a fire prevention code and floodplain management regulations within its jurisdiction. The territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areas within the corporate limits of the municipality and extraterritorial jurisdiction areas established as provided in G.S. 160A-360 or a local act; county jurisdiction shall include all other areas of the county. No such code or regulations, other than floodplain management regulations and those permitted by G.S. 160A-436, shall be effective until they have been officially approved by the Building Code Council as providing adequate minimum standards to preserve and protect health and safety, in accordance with the provisions of subsection (c) above. Local floodplain regulations may regulate all types and uses of buildings or structures located in flood hazard areas identified by local, State, and federal agencies, and include provisions governing substantial improvements, substantial damage, cumulative substantial improvements, lowest floor elevation, protection of mechanical and electrical systems, foundation construction, anchorage, acceptable flood resistant materials, and other measures the political subdivision deems necessary considering the characteristics of its flood hazards and vulnerability. In the absence of approval by the Building Code Council, or in the event that approval is withdrawn, local fire prevention codes and regulations shall have no force and effect. Provided any local regulations approved by the local governing body which are found by the Council to be more stringent than the adopted statewide fire prevention code and which are found to regulate only activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion or related hazards, and are not matters in conflict with the State Building Code, shall be approved. Local governments may enforce the fire prevention code of the State Building Code using civil remedies authorized under G.S. 143-139, 153A-123, and 160A-175. If the Commissioner of Insurance or other State official with responsibility for enforcement of the Code institutes a civil action pursuant to G.S. 143-139, a local government may not institute a civil action under G.S. 143-139, 153A-123, or 160A-175 based upon the same violation. Appeals from the assessment or imposition of such civil remedies shall be as provided in G.S. 160A-434. Repealed by Session Laws 1989, c. 681, s. 3. Publication and Distribution of Code. - The Building Code Council shall cause to be printed, after adoption by the Council, the North Carolina State Building Code and each amendment thereto. It shall, at the State's expense, distribute copies of the Code and each amendment to State and local governmental officials, departments, agencies, and educational institutions, as is set out in the table below. (Those marked by an asterisk will receive copies only on written request to the Council.) Violations. - Any person who shall be adjudged to have violated this Article or the North Carolina State Building Code, except for violations of occupancy limits established by either, shall be guilty of a Class 3 misdemeanor and shall upon conviction only be liable to a fine, not to exceed fifty dollars ($50.00), for each offense. Each 30 days that such violation continues shall constitute a separate and distinct offense. Violation of occupancy limits established pursuant to the North Carolina State Building Code shall be a Class 3 misdemeanor. Any violation incurred more than one year after another conviction for violation of the occupancy limits shall be treated as a first offense for purposes of establishing and imposing penalties. Section 1008 of Chapter X of Volume 1 of the North Carolina State Building Code, Title "Special Safety to Life Requirements Applicable to Existing High-Rise Buildings" as adopted by the North Carolina State Building Code Council on March 9, 1976, as ratified and adopted as follows: The Code may include references to such other rules of special types, such as those of the Medical Care Commission and the Department of Public Instruction as may be useful to persons using the Code. No rule issued by any agency other than the Building Code Council shall be construed as a part of the Code, nor supersede that Code, it being intended that they be presented with the Code for information only. For purposes of this subsection, "migrant housing" and "migrant" shall be defined as in G.S. 95-223 . A local government may not adopt any ordinance in conflict with the exemption provided by subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the exemption provided by subsection (c1) of this section. OFFICIAL OR AGENCY NUMBER OF COPIES State Departments and Officials Governor ................................................ 1 Lieutenant Governor ..................................... 1 Auditor ................................................. 1 Treasurer ............................................... 1 Secretary of State ...................................... 1 Superintendent of Public Instruction .................... 1 Attorney General (Library) .............................. 1 Commissioner of Agriculture ............................. 1 Commissioner of Labor ................................... 1 Commissioner of Insurance ............................... 1 Department of Environmental Quality ............................................... 1 Department of Health and Human Services ................. 1 Division of Adult Correction and Juvenile Justice of the Department of Public Safety ........................... 1 Board of Transportation ................................. 1 Utilities Commission .................................... 1 Department of Administration ............................ 1 Clerk of the Supreme Court .............................. 1 Clerk of the Court of Appeals ........................... 1 Department of Natural and Cultural Resources [State Library] .............................................. 1 Supreme Court Library ................................... 1 Legislative Library ..................................... 1 Office of Administrative Hearings ....................... 1 Rules Review Commission ................................. 1 Schools All state-supported colleges and universities in the State of North Carolina ............ * 1 each Local Officials Clerks of the Superior Courts ........................... 1 each Chief Building Inspector of each incorporated municipality or county ................................ 1 In addition, the Building Code Council shall make additional copies available at such price as it shall deem reasonable to members of the general public. The proceeds from sales of the Building Code shall be credited to the Insurance Regulatory Fund under G.S. 58-6-25 . SECTION 1008-SPECIAL SAFETY TO LIFE REQUIREMENTS APPLICABLE TO EXISTING HIGH-RISE BUILDINGS 1008 - GENERAL. Applicability. - Within a reasonable time, as fixed by "written order" of the building official, and except as otherwise provided in subsection (j) of this section every building the [then] existing, that qualifies for classification under Table 1008.1 shall be considered to be a high-rise building and shall be provided with safety to life facilities as hereinafter specified. All other buildings shall be considered as low-rise. NOTE: The requirements of Section 1008 shall be considered as minimum requirements to provide for reasonable safety to life requirements for existing buildings and where possible, the owner and designer should consider the provisions of Section 506 applicable to new high-rise buildings. Notification of Building Owner. - The Department of Insurance will send copies of amendments adopted to all local building officials with the suggestion that all local building officials transmit to applicable building owners in their jurisdiction copies of adopted amendments, within six months from the date the amendments are adopted, with the request that each building owner respond to the local building official how he plans to comply with these requirements within a reasonable time. The building owner shall, upon receipt of written request from the building official on compliance procedures within a reasonable time, submit an overall plan required by 1008(c) below within one year and within the time period specified in the approved overall plan, but not to exceed five years after the overall plan is approved, accomplish compliance with this section, as evidenced by completion of the work in accordance with approved working drawings and specifications and by issuance of a new Certificate of Compliance by the building official covering the work. Upon approval of building owner's overall plan, the building official shall issue a "written order", as per 1008(a) above, to comply with Section 1008 in accordance with the approved overall plan. The building official may permit time extensions beyond five years to accomplish compliance in accordance with the overall plan when the owner can show just cause for such extension of time at the time the overall plan is approved. The local building official shall send second request notices as per 1008(b) to building owners who have made no response to the request at the end of six months and a third request notice to no response building owners at the end of nine months. If the building owner makes no response to any of the three requests for information on how the owner plans to comply with Section 1008 within 12 months from the first request, the building official shall issue a "written order" to the building owner to provide his building with the safety to life facilities as required by this section and to submit an overall plan specified by (1) above within six months with the five-year time period starting on the date of the "written order". For purposes of this section, the Construction Section of the Division of Health Service Regulation, Department of Health and Human Services, will notify all non-State owned I-Institutional buildings requiring licensure by the Division of Health Service Regulation and coordinate compliance requirements with the Department of Insurance and the local building official. Submission of Plans and Time Schedule for Completing Work. - Plans and specifications, but not necessarily working drawings covering the work necessary to bring the building into compliance with this section shall be submitted to the building official within a reasonable time. (See suggested time in NOTE of Section 1008(b) above). A time schedule for accomplishing the work, including the preparation of working drawings and specifications shall be included. Some of the work may require longer periods of time to accomplish than others, and this shall be reflected in the plan and schedule. Building Official Notification of Department of Insurance. - The building official shall send copies of written notices he sends to building owners to the Engineering and Building Codes Division for their files and also shall file an annual report by August 15th of each year covering the past fiscal year setting forth the work accomplished under the provisions of this section. Construction Changes and Design of Life Safety Equipment. - Plans and specifications which contain construction changes and design of life safety equipment requirements to comply with provisions of this section shall be prepared by a registered architect in accordance with provisions of Chapter 83A of the General Statutes or by a registered engineer in accordance with provisions of Chapter 89C of the General Statutes or by both an architect and engineer particularly qualified by training and experience for the type of work involved. Such plans and specifications shall be submitted to the Engineering and Building Codes Division of the Department of Insurance for approval. Plans and specifications for I-Institutional buildings licensed by the Division of Health Service Regulation as noted in (b) above shall be submitted to the Construction Section of that Division for review and approval. Filing of Test Reports and Maintenance on Life Safety Equipment. - The engineer performing the design for the electrical and mechanical equipment, including sprinkler systems, must file the test results with the Engineering and Building Codes Division of the Department of Insurance, or to the agency designated by the Department of Insurance, that such systems have been tested to indicate that they function in accordance with the standards specified in this section and according to design criteria. These test results shall be a prerequisite for the Certificate of Compliance required by (b) above. Test results for I-Institutional shall be filed with the Construction Section, Division of Health Service Regulation. It shall be the duty and responsibility of the owners of Class I, II and III buildings to maintain smoke detection, fire detection, fire control, smoke removal and venting as required by this section and similar emergency systems in proper operating condition at all times. Certification of full tests and inspections of all emergency systems shall be provided by the owner annually to the fire department. Applicability of Chapter X and Conflicts with Other Sections. - The requirements of this section shall be in addition to those of Sections 1001 through 1007; and in case of conflict, the requirements affording the higher degree of safety to life shall apply, as determined by the building official. Classes of Buildings and Occupancy Classifications. - Buildings shall be classified as Class I, II or III according to Table 1008.1. In the case of mixed occupancies, for this purpose, the classification shall be the most restrictive one resulting from the application of the most prevalent occupancies to Table 1008.1. Assignment of a responsible person to work with the fire authority in the establishment, implementation and maintenance of the emergency pre-fire plan. Emergency plan procedures shall be supplied to all tenants and shall be posted conspicuously in each hotel guest room, each office area, and each schoolroom. Submission to the local fire authority of an annual renewal or amended emergency plan. Plan should be completed as soon as possible. NOTE: Suggested reasonable time and procedures for owners to respond to the building official's request is as follows: NOTE: Suggested Time Period For Compliance: SUGGESTED TIME PERIOD FOR COMPLIANCE --------------------------------------------------------------- ----------- CLASS I CLASS II CLASS III TIME FOR ITEM (SECTION) (SECTION) (SECTION) COMPLETION --------------------------------------------------------------- ----------- Signs in Elevator Lobbies and Elevator Cabs 1008.2(h) 1008.3(h) 1008.4(h) 180 days Emergency Evacuation Plan 1008(b) NOTE: 180 days Corridor Smoke Detectors (Includes alternative door closers) 1008.2(c) 1008.3(c) 1008.4(c) 1 year Manual Fire Alarm 1008.2(a) 1008.3(a) 1008.4(a) 1 year Voice Communication System Required 1008.2(b) 1008.3(b) 1008.4(b) 2 years Smoke Detectors Required 1008.2(c) 1008.3(c) 1008.4(c) 1 year Protection and Fire Stopping for Vertical Shafts 1008.2(f) 1008.3(f) 1008.4(f) 3 years Special Exit Requirements-Number, Location and Illum- ination to be in accordance with Section 1007 1008.2(e) 1008.3(e) 1008.4(e) 3 years Emergency Electrical Power Supply 1008.2(d) 1008.3(d) 1008.4(d) 4 years Special Exit Facilities Required 1008.2(e) 1008.3(e) 1008.4(e) 5 years Compartmentation for Institutional Buildings 1008.2(f) 1008.3(f) 1008.4(f) 5 years Emergency Elevator Requirements 1008.2(h) 1008.3(h) 1008.4(h) 5 years Central Alarm Facility Required 1008.3(i) 1008.4(i) 5 years Areas of Refuge Required on Every Eighth Floor 1008.4(j) 5 years Smoke Venting 1008.4(k) 5 years Fire Protection of Electrical Conductors 1008.4( l ) 5 years Sprinkler System Required 1008.4(m) 5 years FOOTNOTE: Emergency Plan. - Owners, operators, tenants, administrators or managers of high-rise buildings should consult with the fire authority having jurisdiction and establish procedures which shall include but not necessarily be limited to the following: 1008.1 - ALL EXISTING BUILDINGS SHALL BE CLASSIFIED AS CLASS I, II AND III ACCORDING TO TABLE 1008.1. TABLE 1008.1 Scope --------------------------------------------------------------- ----------- OCCUPIED FLOOR CLASS (1) OCCUPANCY ABOVE AVERAGE GRADE GROUP (3)(4) EXCEEDING HEIGHT (2) --------------------------------------------------------------- ----------- Group R-Residential 60' but less than Group B-Business 120' above average Group E-Educational grade or 6 but less CLASS I Group A-Assembly than 12 stories above Group H-Hazardous average grade. Group I-Institutional-Restrained ________1 Group I-Institutional-Unrestrained 36' but less than 60' above average grade or 3 but less than 6 stories above average grade. ________ Group R-Residential 120' but less than Group B-Business 250' above average Group E-Educational grade or 12 but less CLASS II Group A-Assembly than 25 stories Group H-Hazardous above average grade. Group I-Institutional-Restrained ________ Group I-Institutional-Unrestrained 60' but less than 250' above average grade or 6 but less than 25 stories above average grade. ________ Group R-Residential 250' or 25 stories Group B-Business above average grade. CLASS III Group E-Educational Group I-Institutional Group A-Assembly Group H-Hazardous NOTE 1: The entire building shall comply with this section when the building has an occupied floor above the height specified, except that portions of the buildings which do not exceed the height specified are exempt from this section, subject to the following provisions: Low-rise portions of Class I buildings must be separated from high-rise portions by one-hour construction. Low-rise portions of Class II and III buildings must be separated from high-rise portions by two-hour construction. Any required exit from the high-rise portion which passes through the low-rise portions must be separated from the low-rise portion by the two-hour construction. NOTE 2: The height described in Table 1008.1 shall be measured between the average grade outside the building and the finished floor of the top occupied story. NOTE 3: Public parking decks meeting the requirements of Section 412.7 and less than 75 feet in height are exempt from the requirements of this section when there is no other occupancy above or below such deck. NOTE 4: Special purpose equipment buildings, such as telephone equipment buildings housing the equipment only, with personnel occupant load limited to persons required to maintain the equipment may be exempt from any or all of these requirements at the discretion of the Engineering and Building Codes Division provided such special purpose equipment building is separated from other portions of the building by two-hour fire rated construction. 1008.2 - REQUIREMENTS FOR EXISTING CLASS I BUILDINGS. All Class I buildings shall be provided with the following: An approved manual fire alarm system, meeting the requirements of Section 1125 and applicable portions of NFPA 71, 72A, 72B, 72C or 72D, shall be provided unless the building is fully sprinklered or equipped with an approved automatic fire detection system connected to the fire department. All Class I buildings shall meet the requirements of Sections 1001-1007. Smoke Detectors Required. - At least one approved listed smoke detector tested in accordance with UL-167, capable of detecting visible and invisible particles of combustion shall be installed as follows: All buildings classified as institutional, residential and assembly occupancies shall be provided with listed smoke detectors in all required exit corridors spaced no further than 60' on center or more than 15' from any wall. Exterior corridors open to the outside are not required to comply with this requirement. If the corridor walls have one-hour fire resistance rating with all openings protected with 1-3/4 inch solid wood core or hollow metal door or equivalent and all corridor doors are equipped with approved self-closing devices, the smoke detectors in the corridor may be omitted. Detectors in corridors may be omitted when each dwelling unit is equipped with smoke detectors which activate the alarm system. In every mechanical equipment, boiler, electrical equipment, elevator equipment or similar room unless the room is sprinklered or the room is separated from other areas by two-hour fire resistance construction with all openings therein protected with approved fire dampers and Class B fire doors. (Approved listed fire (heat) detectors may be submitted for these rooms.) In the return air portion of every air conditioning and mechanical ventilation system that serves more than one floor. The activation of any detector shall activate the alarm system, and shall cause such other operations as required by this Code. The annunciator shall be located near the main entrance or in a central alarm and control facility. Emergency Electrical Power Supply. - An emergency electrical power supply shall be provided to supply the following for a period of not less than two hours. An emergency electrical power supply may consist of generators, batteries, a minimum of two remote connections to the public utility grid supplied by multiple generating stations, a combination of the above. Emergency, exit and elevator cab lighting. Emergency illumination for corridors, stairs, etc. Emergency Alarms and Detection Systems. - Power supply for fire alarm and fire detection. Emergency power does not need to be connected to fire alarm or detection systems when they are equipped with their own emergency power supply from float or trickle charge battery in accordance with NFPA standards. Special Exit Requirements. - Exits and exitways shall meet the following requirements: Protection of Stairways Required. - All required exit stairways shall be enclosed with noncombustible one-hour fire rated construction with a minimum of 13/4 inch solid core wood door or hollow metal door or 20 minute UL listed doors as entrance thereto. (See Section 1007.5). Number and Location of Exits. - All required exit stairways shall meet the requirements of Section 1007 to provide for proper number and location and proper fire rated enclosures and illumination of and designation for means of egress. Exit Outlets. - Each required exit stair shall exit directly outside or through a separate one-hour fire rated corridor with no openings except the necessary openings to exit into the fire rated corridor and from the fire rated corridor and such openings shall be protected with 13/4 inch solid wood core or hollow metal door or equivalent unless the exit floor level and all floors below are equipped with an approved automatic sprinkler system meeting the requirements of NFPA No. 13. Smoke Compartments Required for I-Institutional Buildings. - Each occupied floor shall be divided into at least two compartments with each compartment containing not more than 30 institutional occupants. Such compartments shall be subdivided with one-half hour fire rated partitions which shall extend from outside wall to outside wall and from floor to and through any concealed space to the floor slab or roof above and meet the following requirements: Maximum area of any smoke compartment shall be not more than 22,500 square feet in area with both length and width limited to 150 feet. At least one smoke partition per floor regardless of building size forming two smoke zones of approximately equal size. All doors located in smoke partitions shall be properly gasketed to insure a substantial barrier to the passage of smoke and gases. All doors located in smoke partitions shall be no less than 13/4 inch thick solid core wood doors with UL, 1/4 inch wire glass panel in metal frames. This glass panel shall be a minimum of 100 square inches and a maximum of 720 square inches. Every door located in a smoke partition shall be equipped with an automatic closer. Doors that are normally held in the open position shall be equipped with an electrical device that shall, upon actuation of the fire alarm or smoke detection system in an adjacent zone, close the doors in that smoke partition. Glass in all corridor walls shall be 1/4", UL approved, wire glass in metal frames in pieces not to exceed 1296 square inches. Doors to all patient rooms and treatment areas shall be a minimum of 13/4 inch solid core wood doors except in fully sprinklered buildings. Protection and Fire Stopping for Vertical Shafts. - All vertical shafts extending more than one floor including elevator shafts, plumbing shafts, electrical shafts and other vertical openings shall be protected with noncombustible two-hour fire rated construction with Class B-labeled door except for elevator doors which shall be hollow metal or equivalent. All vertical shafts which are not so enclosed must be fire stopped at each floor slab with noncombustible materials having a fire resistance rating of not less than two hours to provide an effective barrier to the passage of smoke, heat and gases from floor to floor through such shaft. Signs in Elevator Lobbies and Elevator Cabs. - Each elevator lobby call station on each floor shall have an emergency sign located adjacent to the call button and each elevator cab shall have an emergency sign located adjacent to the floor status indicator. The required emergency sign shall be readable at all times and shall be a minimum of 1/2" high block letters with the words: "IN CASE OF FIRE DO NOT USE ELEVATOR - USE THE EXIT STAIRS" or other words to this effect. NOTE 1: Limited area sprinklers may be supplied from the domestic water system provided the domestic water system is designed to support the design flow of the largest number of sprinklers in any one of the enclosed areas. When supplied by the domestic water system, the maximum number of sprinklers in any one enclosed room or area shall not exceed 20 sprinklers which must totally protect the room or area. EXCEPTION: Shaft wall openings protected in accordance with NFPA No. 90A and openings connected to metal ducts equipped with approved fire dampers within the shaft wall opening do not need any additional protection. 1008.3 - REQUIREMENTS FOR EXISTING CLASS II BUILDINGS. All Class II buildings must meet the following requirements: Manual Fire Alarm. - Provide manual fire alarm system in accordance with Section 1008.2(a). In addition, buildings so equipped with sprinkler alarm system or automatic fire detection system must have at least one manual fire alarm station near an exit on each floor as a part of such sprinkler or automatic fire detection and alarm system. Such manual fire alarm systems shall report a fire by floor. Voice Communication System Required. - An approved voice communication system or systems operated from the central alarm and control facilities shall be provided and shall consist of the following: One-Way Voice Communication Public Address System Required. - A one-way voice communication system shall be established on a selective basis which can be heard clearly by all occupants in all exit stairways, elevators, elevator lobbies, corridors, assembly rooms and tenant spaces. Smoke Detectors Required. - Smoke detectors are required as per Section 1008.2(c). The following are additional requirements: Storage rooms larger than 24 square feet or having a maximum dimension of over eight feet shall be provided with approved fire detectors or smoke detectors installed in an approved manner unless the room is sprinklered. The actuation of any detectors shall activate the fire alarm system. Emergency Electrical Power Supply. - An emergency electrical power supply shall be provided to supply the following for a period of not less than two hours. An emergency electrical power supply may consist of generators, batteries, a minimum of two remote connections to the public utility grid supplied by multiple generating stations, a combination of the above. Power supply shall furnish power for items listed in Section 1008.2(d) and the following: Pressurization Fans. - Fans to provide required pressurization, smoke venting or smoke control for stairways. Elevators. - The designated emergency elevator. Special Exit Facilities Required. - The following exit facilities are required: The special exit facilities required in 1008.2(e) are required. All required exit stairways shall be enclosed with noncombustible two-hour fire rated construction with a minimum of 11/2 hour Class B-labeled doors as entrance thereto: (See Section 1007.5). Smoke-Free Stairways Required. - At least one stairway shall be a smoke free stairway in accordance with Section 1104.2 or at least one stairway shall be pressurized to between 0.15 inch and 0.35 inch water column pressure with all doors closed. Smoke-free stairs and pressurized stairs shall be identified with signs containing letters a minimum of 1/2 inch high containing the words "PRIMARY EXIT STAIRS" unless all stairs are smoke free or pressurized. Approved exterior stairways meeting the requirements of Chapter XI or approved existing fire escapes meeting the requirements of Chapter X with all openings within 10 feet protected with wire glass or other properly designed stairs protected to assure similar smoke-free vertical egress may be permitted. All required exit stairways shall also meet the requirements of Section 1008.2(e). If stairway doors are locked from the stairway side, keys shall be provided to unlock all stairway doors on every eighth floor leading into the remainder of the building and the key shall be located in a glass enclosure adjacent to the door at each floor level (which may sound an alarm when the glass is broken). When the key unlocks the door, the hardware shall be of the type that remains unlocked after the key is removed. Other means, approved by the building official may be approved to enable occupants and fire fighters to readily unlock stairway doors on every eighth floor that may be locked from the stairwell side. The requirements of this section may be eliminated in smoke-free stairs and pressurized stairs provided fire department access keys are provided in locations acceptable to the local fire authority. Compartmentation for I-Institutional Buildings Required. - See Section 1008.2(f). Protection and Fire Stopping for Vertical Shafts. - All vertical shafts extending more than one floor including elevator shafts, plumbing shafts, electrical shafts and other vertical openings shall be protected with noncombustible two-hour fire rated construction with Class B-labeled door except for elevator doors which shall be hollow metal or equivalent. All vertical shafts which are not so enclosed must be fire stopped at each floor slab with noncombustible materials having a fire resistance rating of not less than two hours to provide an effective barrier to the passage of smoke, heat and gases from floor to floor through such shaft. Emergency Elevator Requirements. Elevator Recall. - Each elevator shall be provided with an approved manual return. When actuated, all cars taking a minimum of one car at a time, in each group of elevators having common lobby, shall return directly at normal car speed to the main floor lobby, or to a smoke-free lobby leading most directly to the outside. Cars that are out of service are exempt from this requirement. The manual return shall be located at the main floor lobby. Identification of Emergency Elevator. - At least one elevator shall be identified as the emergency elevator and shall serve all floor levels. NOTE: This elevator will have a manual control in the cab which will override all other controls including floor call buttons and door controls. Signs in Elevator Lobbies and Elevator Cabs. - Each elevator lobby call station on each floor shall have an emergency sign located adjacent to the call button and each elevator cab shall have an emergency sign located adjacent to the floor status indicator. These required emergency signs shall be readable at all times and shall be a minimum of 1/2 inch high block letters with the words: "IN CASE OF FIRE DO NOT USE ELEVATOR - USE THE EXIT STAIRS" or other words to this effect. Master keys for access from all stairways to all floors. One-way voice emergency communications system controls. NOTE 1: This system shall function so that in the event of one circuit or speaker being damaged or out of service, the remainder of the system shall continue to be operable. NOTE 2: This system shall include provisions for silencing the fire alarm devices when the loud speakers are in use, but only after the fire alarm devices have operated initially for not less than 15 seconds. EXCEPTION: Shaft wall openings protected in accordance with NFPA No. 90A and openings connected to metal ducts equipped with approved fire dampers within the shaft wall opening do not need any additional protection. NOTE: Manually operated cars are considered to be in compliance with this provision if each car is equipped with an audible or visual alarm to signal the operator to return to the designated level. (1) Facilities to automatically transmit manual and automatic alarm signals to the fire department either directly or through a signal monitoring service. (2) Public service telephone. (3) Fire detection and alarm systems annunciator panels to indicate the type of signal and the floor or zone from which the fire alarm is received. These signals shall be both audible and visual with a silence switch for the audible. NOTE: Detectors in HVAC systems used for fan shut down need not be annunciated. 1008.4 - REQUIREMENTS FOR EXISTING CLASS III BUILDINGS. All Class III Buildings shall be provided with the following: Manual Fire Alarm System. - A manual fire alarm system meeting the requirements of Section 1008.3(a). Voice Communication System Required. - An approved voice communication system or systems operated from the central alarm and control facilities shall be provided and shall consist of the following: One-Way Voice Communication Public Address System Required. - A one-way voice communication system shall be established on a selective or general basis which can be heard clearly by all occupants in all elevators, elevator lobbies, corridors, and rooms or tenant spaces exceeding 1,000 sq. ft. in area. Two-way system for use by both fire fighters and occupants at every fifth level in stairways and in all elevators. Within the stairs at levels not equipped with two-way voice communications, signs indicating the location of the nearest two-way device shall be provided. Smoke Detectors Required. - Approved listed smoke detectors shall be installed in accordance with Section 1008.3(c) and in addition, such detectors shall terminate at the central alarm and control facility and be so designed that it will indicate the fire floor or the zone on the fire floor. Amendments of the Code. - Subject to the procedures set forth in G.S. 143-136(c) and (d), the Building Code Council may periodically revise and amend the North Carolina State Building Code, either on its own motion or upon application from any citizen, State agency, or political subdivision of the State. In addition to the periodic revisions or amendments made by the Council, the Council shall, following the procedure set forth in G.S. 143-136(c), revise the North Carolina State Building Code: Residential Code for One- and Two-Family Dwellings, including provisions applicable to One- and Two-Family Dwellings from the NC Energy Code, NC Electrical Code, NC Fuel Gas Code, NC Plumbing Code, and NC Mechanical Code only every six years, to become effective the first day of January of the following year, with at least six months between adoption and effective date. The first six-year revision under this subsection shall be adopted to become effective January 1, 2019, and every six years thereafter. In adopting any amendment, the Council shall comply with the same procedural requirements and the same standards set forth above for adoption of the Code. The Council, through the Department of Insurance, shall publish in the North Carolina Register all appeal decisions made by the Council and all formal opinions at least semiannually. The Council, through the Department of Insurance, shall also publish at least semiannually in the North Carolina Register a statement providing the accurate Web site address and information on how to find additional commentary and interpretation of the Code. Special Exit Requirements. - All exits and exitways shall meet the requirements of Section 1008.3(e). Compartmentation of Institutional Buildings Required. - See Section 1008.2(f). Protection and Fire Stopping for Vertical Shafts. - Same as Class II buildings. See Section 1008.3(g). Emergency Elevator Requirements. Primary Emergency Elevator. - At least one elevator serving all floors shall be identified as the emergency elevator with identification signs both outside and inside the elevator and shall be provided with emergency power to meet the requirements of Section 1008.3(c). Elevator Recall. - Each elevator shall be provided with an approved manual return. When actuated, all cars taking a minimum of one car at a time, in each group of elevators having common lobby, shall return directly at normal car speed to the main floor lobby or to a smoke-free lobby leading most directly to the outside. Cars that are out of service are exempt from this requirement. The manual return shall be located at the main floor lobby. Signs in Elevator Lobbies and Elevator Cabs. - Each elevator lobby call station on each floor shall have an emergency sign located adjacent to the call button and each elevator cab shall have an emergency sign located adjacent to the floor status indicator. These required emergency signs shall be readable at all times and have a minimum of 1/2" high block letters with the words: "IN CASE OF FIRE, UNLESS OTHERWISE INSTRUCTED, DO NOT USE THE ELEVATOR - USE THE EXIT STAIRS" or other words to this effect. Machine Room Protection. - When elevator equipment located above the hoistway is subject to damage from smoke particulate matter, cable slots entering the machine room shall be sleeved beneath the machine room floor to inhibit the passage of smoke into the machine room. Secondary Emergency Elevator. - At least one elevator located in separate shaft from the Primary Emergency Elevator shall be identified as the "Secondary Emergency Elevator" with identification signs both outside and inside the elevator. It will serve all occupied floors above 250 feet and shall have all the same facilities as the primary elevator and will be capable of being transferred to the emergency power system. Central Alarm and Control Facilities Required. Elevator status indicator. Direct communication to the central alarm facility. Areas of Refuge Required. - Class III buildings shall be provided with a designated "area of refuge" at the 250 ft. level and on at least every eighth floor or fraction thereof above that level to be designed so that occupants above the 250 ft. level can enter at all times and be safely accommodated in floor areas meeting the following requirements unless the building is completely sprinklered: Identification and Size. - These areas of refuge shall be identified on the plans and in the building as necessary. The area of refuge shall provide not less than 3 sq. ft. per occupant for the total number of occupants served by the area based on the occupancy content calculated by Section 1105. A minimum of two percent (2%) of the number of occupants on each floor shall be assumed to be handicapped and no less than 16 sq. ft. per handicapped occupant shall be provided. Smoke proof stairways meeting the requirements of Section 1104.2 and pressurized stairways meeting the requirements of Section 1108.3(e)(2) may be used for ambulatory occupants at the rate of 3 sq. ft. of area of treads and landings per person, but in no case shall the stairs count for more than one-third of the total occupants. Doors leading to designated areas of refuge from stairways or other areas of the building shall not have locking hardware or shall be automatically unlocked upon receipt of any manual or automatic fire alarm signal. Pressurized. - The area of refuge shall be pressurized with 100% fresh air utilizing the maximum capacity of existing mechanical building air conditioning system without recirculation from other areas or other acceptable means of providing fresh air into the area. Fire Resistive Separation. - Walls, partitions, floor assemblies and roof assemblies separating the area of refuge from the remainder of the building shall be noncombustible and have a fire resistance rating of not less than one hour. Duct penetrations shall be protected as required for penetrations of shafts. Metallic piping and metallic conduit may penetrate or pass through the separation only if the openings around the piping or conduit are sealed on each side of the penetrations with impervious noncombustible materials to prevent the transfer of smoke or combustion gases from one side of the separation to the other. The fire door serving as a horizontal exit between compartments shall be so installed, fitted and gasketed to provide a barrier to the passage of smoke. Access Corridors. - Any corridor leading to each designated area of refuge shall be protected as required by Sections 1104 and 702. The capacity of an access corridor leading to an area of refuge shall be based on 150 persons per unit width as defined in Section 1105.2. An access corridor may not be less than 44 inches in width. The width shall be determined by the occupant content of the most densely populated floor served. Corridors with one-hour fire resistive separation may be utilized for area of refuge at the rate of three sq. ft. per ambulatory occupant provided a minimum of one cubic ft. per minute of outside air per square foot of floor area is introduced by the air conditioning system. Penetrations. - The continuity of the fire resistance at the juncture of exterior walls and floors must be maintained. Smoke Venting. - Smoke venting shall be accomplished by one of the following methods in nonsprinklered buildings: In a nonsprinklered building, the heating, ventilating and air conditioning system shall be arranged to exhaust the floor of alarm origin at its maximum exhausting capacity without recirculating air from the floor of alarm origin to any other floor. The system may be arranged to accomplish this either automatically or manually. If the air conditioning system is also used to pressurize the areas of refuge, this function shall not be compromised by using the system for smoke removal. Venting facilities shall be provided at the rate of 20 square feet per 100 lineal feet or 10 square feet per 50 lineal feet of exterior wall in each story and distributed around the perimeter at not more than 50 or 100 foot intervals openable from within the fire floor. Such panels and their controls shall be clearly identified. Any combination of the above two methods or other approved designs which will produce equivalent results and which is acceptable to the building official. Fire Protection of Electrical Conductors. - New electrical conductors furnishing power for pressurization fans for stairways, power for emergency elevators and fire pumps required by Section 1008.4(d) shall be protected by a two-hour fire rated horizontal or vertical enclosure or structural element which does not contain any combustible materials. Such protection shall begin at the source of the electrical power and extend to the floor level on which the emergency equipment is located. It shall also extend to the emergency equipment to the extent that the construction of the building components on that floor permits. New electrical conductors in metal raceways located within a two-hour fire rated assembly without any combustible therein are exempt from this requirement. Automatic Sprinkler Systems Required. All areas which are classified as Group M-mercantile and Group H-hazardous shall be completely protected with an automatic sprinkler system. All areas used for commercial or institutional food preparation and storage facilities adjacent thereto shall be provided with an automatic sprinkler system. An area used for storage or handling of hazardous substances shall be provided with an automatic sprinkler system. All laboratories and vocational shops in Group E, Educational shall be provided with an automatic sprinkler system. Sprinkler systems shall be in strict accordance with NFPA No. 13 and the following requirements: Subsection (i) of this section does not apply to business occupancy buildings as defined in the North Carolina State Building Code except that evacuation plans as required on page 8, lines 2 through 16 [Section 1008, footnote following subsection (h)], and smoke detectors as required for Class I Buildings as required by Section 1008.2, page 11, lines 5 through 21 [Section 1008.2, subdivision (c)(1)]; Class II Buildings as required by Section 1008.3, page 17, lines 17 through 28 and page 18, lines 1 through 10 [Section 1008.3, subsections (c) and (d)]; and Class III Buildings, as required by Section 1008.4, lines 21 through 25 [Section 1008.4, subsection (c)] shall not be exempted from operation of this act as applied to business occupancy buildings, except that the Council shall adopt rules that allow a business occupancy building built prior to 1953 to have a single exit to remain if the building complies with the Building Code on or before December 31, 2006. A nonbusiness occupancy building built prior to the adoption of the 1953 Building Code that is not in compliance with Section 402.1.3.5 of Volume IX of the Building Code or Section 3407.2.2 of Volume I of the Building Code must comply with the applicable sections by December 31, 2006. Repealed by Session Laws 2014-79, s. 5, effective July 22, 2014. For purposes of use in the Code, the term "Family Care Home" shall mean an adult care home having two to six residents. When any question arises as to any provision of the Code, judicial notice shall be taken of that provision of the Code. NOTE 1: This system shall be designed so that in the event of one circuit or speaker being damaged or out of service the remainder of the system shall continue to be operable. NOTE 2: This system shall include provisions for silencing the fire alarm devices when the loud speakers are in use, but only after the fire alarm devices have operated initially for not less than 15 seconds. NOTE: The one-way and two-way voice communication systems may be combined. NOTE: This elevator will have a manual control in the cab which will override all other controls including floor call buttons and door controls. NOTE: Manually operated cars are considered to be in compliance with this provision if each car is equipped with an audible or visual alarm to signal the operator to return to the designated level. NOTE: Emergency power supply can be sized for nonsimultaneous use of the primary and secondary emergency elevators. NOTE: Detectors in HVAC systems used for fan shut down need not be annunciated. (2) A control facility (fire department command station) shall be provided at or near the fire department response point and shall contain the following: NOTE: Not required in buildings where there is a status indicator at the main elevator lobby. (ii) Master keys for access from all stairways to all floors. (iii) Controls for the two-way communication system. (iv) Fire detection and alarm system annunciator panels to indicate the type of signal and the floor or zone from which the fire alarm is received. (3) The central alarm and control facilities may be combined in a single approved location. If combined, the duplication of facilities and the direct communication system between the two may be deleted. The sprinkler system must be equipped with a water flow and supervisory signal system that will transmit automatically a water flow signal directly to the fire department or to an independent signal monitoring service satisfactory to the fire department. History (1957, c. 1138; 1969, c. 567; c. 1229, ss. 2-6; 1971, c. 1100, ss. 1, 2; 1973, c. 476, ss. 84, 128, 138, 152; c. 507, s. 5; 1981, c. 677, s. 3; c. 713, ss. 1, 2; 1981 (Reg. Sess., 1982), c. 1282, s. 20.2D; c. 1348, s. 1; 1983, c. 614, s. 3; 1985, c. 576, s. 1; c. 622, s. 2; c. 666, s. 39; 1989, c. 25, s. 2; c. 681, ss. 2, 3, 9, 10, 18, 19; c. 727, ss. 157, 158; 1991 (Reg. Sess., 1992), c. 895, s. 1; 1993, c. 329, ss. 1, 3; c. 539, s. 1009; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 111, s. 1; c. 242, s. 1; c. 507, s. 27.8(r); c. 535, s. 30; 1997-26, ss. 1-3, 5; 1997-443, ss. 11A.93, 11A.94, 11A.118(a), 11A.119(a); 1998-57, s. 2; 1998-172, s. 1; 1998-202, s. 4(u); 1999-456, s. 40; 2000-137, s. 4(x); 2000-140, s. 93.1(a); 2001-141, ss. 1, 2, 3, 4; 2001-421, ss. 1.1, 1.2, 1.5; 2001-424, s. 12.2(b); 2002-144, s. 5; 2003-221, s. 6; 2003-284, s. 22.2; 2004-124, ss. 21.1, 21.2; 2005-205, s. 6; 2007-182, ss. 1, 2; 2007-529, s. 1; 2007-542, s. 1; 2008-176, s. 2; 2008-219, s. 1; 2009-79, s. 1(a)-(c); 2009-243, s. 1; 2009-532, s. 1; 2009-570, s. 18; 2010-97, s. 6(b); 2011-145, s. 19.1(mm); 2011-364, s. 1; 2012-34, s. 1; 2012-187, s. 16.1; 2013-75, s. 1; 2013-118, ss. 2, 3; 2013-206, s. 2; 2013-265, s. 18; 2013-413, ss. 19(a), 41; 2014-79, s. 5; 2014-90, s. 1; 2014-115, s. 17; 2014-120, s. 22(c); 2015-145, ss. 4.1, 5.2; 2015-241, s. 14.30(s), (u); 2015-263, s. 34; 2016-113, s. 13(a); 2017-10, s. 1.3(b); 2017-108, s. 8(b); 2017-130, s. 8(a); 2017-212, s. 8.11; 2017-186, s. 2(aaaaaa); 2018-65, s. 2(a); 2019-174, s. 4.) Local Modification. - Towns of Boone and Blowing Rock: 1987, c. 226; town of Carrboro: 1995 (Reg. Sess., 1996), c. 571, s. 1; town of Chapel Hill: 1981, c. 911; 1987, c. 460, s. 3; 1995 (Reg. Sess., 1996), c. 571, s. 1; town of Edenton: 1989 (Reg. Sess., 1990), c. 829; towns of Kill Devil Hills and Nags Head: 1987 (Reg. Sess., 1988), c. 911, s. 1. Regulation of Hazardous Materials Facilities Task Force. - Session Laws 2007-107, s. 4.1(a)-(j), created the Regulation of Hazardous Materials Facilities Task Force, provided for its membership, duties, staffing, final report, and termination on filing the report. Specifically, Session Laws 2007-107, s. 4(k), provides: "(k) North Carolina Building Code Council to Adopt Rules. - The North Carolina Building Code Council shall adopt rules or amend the State Building Code to implement the recommendations of the Regulation of Hazardous Materials Facilities Task Force. In particular, the Building Code Council shall adopt rules or amend the State Building Code to require that hazardous materials are classified and identified in a manner that provides State and local inspectors with sufficient information to identify all potential risks to the citizens of the State." Building Code Exemption - Session Laws 2017-104, s. 1(a)-(c), provides: "(a) Notwithstanding any provision of the North Carolina State Building Code to the contrary, if a lot line or public way exists between a single city-owned lot and a single privately owned lot, a parking garage that extends across the lot line or public way between the two lots may be constructed as if the city-owned lot has been combined with the privately owned lot such that there is no lot line or public way between them. "(b) This section shall apply only to municipalities with a population of more than 250,000. "(c) This section expires June 30, 2020." Editor's Note. - Session Laws 1971, c. 1100, which amended this section, provided in s. 3: "Provided that nothing in this act shall in any way apply to any type of farm building." Session Laws 1989, c. 681, s. 21 provides: "Section 10 [which amended subsection (e)] and Sections 14 through 17 shall become effective upon the adoption of fire protection code provisions by the North Carolina Building Code Council." Fire protection code provisions were adopted effective July 1, 1991. Session Laws 1989, c. 25, s. 4 provides: "All statutory authority, powers, and duties, including rule making and the rendering of findings, orders, and adjudications, of the Department of Agriculture pertaining to the regulation of the design, construction, location, installation, or operation of equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuel purposes, from the outlet of the first stage pressure regulator to and including each liquefied petroleum gas utilization device within a building or structure covered by the North Carolina Building Code are transferred to the Building Code Council. "Until the Building Code Council adopts rules regarding the entry of liquefied petroleum gas service piping into a building, 2 NCAC 38 .0701(2) shall remain in effect." The references in brackets in subsection (j) have been inserted to guide the reader to what appear to be the general locations of the provisions referred to by the page and line references. The page and line references are printed just as they are set out in the ratified bill, Session Laws 1981, c. 713, but the line references in particular do not correspond to lines in the ratified bill, and their intention is not always clear. Session Laws 1995, c. 111, s. 4, effective May 29, 1995, provides that the amendment made by section 1, which added the last two sentences of the second paragraph of subsection (b), shall not be construed to imply that the Building Code Council did not have the authority contained in that amendment prior to the effective date of the amendment. Session Laws 1998-172, s. 2 provides that local floodplain management ordinances adopted as of the effective date of Section 5 of Session Laws 1997-26 (April 17, 1997) continue in effect until repealed. Session Laws 2001-219, s. 1, provides: "Notwithstanding any provision of the State Building Code or any public or local law to the contrary, including Chapter 143 of the General Statutes, counties may establish by ordinance the requirements for bathroom facilities, including the number of toilets required, in buildings that are used primarily for outdoor school sporting events." Session Laws 2001-219, s. 2, provides: "This act is effective when it becomes law, and only applies to counties that (i) have a population of 190,000 or more according to the most recent decennial federal census and (ii) border both another state and county with a population of 650,000 or more according to the most recent decennial federal census." Session Laws 2003-239, ss. 1 and 2, provide: "Notwithstanding any requirements for additional plumbing facilities imposed under Section 403.3.1.4, Table 403.1 and Table 403.4 of Chapter 4 of the North Carolina Plumbing Code, 2002 Edition, a public university, as part of its addition of bleachers to an existing softball field, shall not be required to provide facilities in addition to those facilities currently existing at the stadium. "This act applies to public universities located in counties that (i) have a population of 160,000 or more according to the most recent decennial federal census; (ii) border the Atlantic Ocean; and (iii) border no more than two other counties that are a part of this State." This section was amended by Session Laws 2007-542, s. 1, in the coded bill drafting format provided by G.S. 120-20.1 . The act failed to use underscoring to indicate the insertion of the words "the following" at the end of the seventh paragraph in subsection (b). Subsection (b) has been set out in the form above at the direction of the Revisor of Statutes. Session Laws 2009-79, s. 2, provides: "Nothing in this act shall be construed to limit the authority of the North Carolina Department of Labor to perform safety inspections of hydraulic elevators." Session Laws 2009-79, s. 3, provides: "The Commissioner of Labor shall adopt rules pursuant to Article 14A of Chapter 95 of the General Statutes (Elevator Act of North Carolina) to require, in any building or structure having more than one elevator, the posting of a distinct number in plain view in the passenger cabin of each elevator for the purpose of identification of the elevator to facilitate extrication from any elevator that malfunctions while occupied." Session Laws 2009-206, s. 2, provides: "Notwithstanding any established expiration date for the application of the 2006 North Carolina State Building Code occurring prior to August 1, 2009, a county may obtain a permit until August 1, 2009 under the 2006 North Carolina State Building Codes (Building, Energy Conservation, Fire, Fuel Gas, Mechanical, and Plumbing) for the construction of facilities to be used for administrative purposes." Session Laws 2009-243, s. 1, effective June 30, 2009, and applicable to any cistern, as defined in this section, installed on or after that date that is used to provide water for flushing toilets or for outdoor irrigation, added the language designated herein as subsection (b12). Session Laws 2011-269, ss. 1 and 2 provide: "1. Notwithstanding G.S. 150B-21.3 , or any other provision of law, if approved by the Rules Review Commission, the following rules adopted by the Building Code Council on April 21, 2011, shall become effective January 1, 2012. "2012 NC Fire Code - Appendices 101.2.1; "2012 NC Residential Code - Egress Door R311.2; "2012 NC Residential Code - Minimum Width of Footings Table R403.1; "2012 NC Residential Code - Concrete Masonry Foundation Details Figure R 403.3(1); "2012 NC Residential Code - Foundation Vent Sizing R408.1.1; "2012 NC Residential Code - Ground Vapor Retarder R408.2; "2012 NC Residential Code - Framing Details R802.3; "2012 NC Residential Code - Attic Access R807.1. "2. Notwithstanding G.S. 150B-21.3 , or any other provision of law, the 2012 North Carolina Energy Conservation Code, as adopted by the Building Code Council on December 14, 2010, and approved by the Rules Review Commission on February 17, 2011, and the 2012 North Carolina Residential Code, as adopted by the Building Code Council on December 14, 2010, and approved by the Rules Review Commission on March 17, 2011, shall take effect on January 1, 2012, with a mandatory compliance date of March 1, 2012." Session Laws 2013-77, s. 1, provides: "Definitions. - As used in this act, 'Council' means the Building Code Council, 'Code' means the 2012 NC Building Code, and 'Homeless Shelter Provision' means the requirement set forth in Section 424.1.1 of the North Carolina Building Code requiring that homeless occupants of a temporary overflow shelter for the homeless be over the age of 18." Session Laws 2013-77, s. 2, provides: "New Code amendment. - Until the effective date of the Code amendment that the Council is required to adopt pursuant to Section 4 of this act, the Council and local governments enforcing the Code shall implement Section 424.1.1, as provided in Section 3 of this act." Session Laws 2013-77, s. 3, provides: "Implementation. - Notwithstanding any provision of the Code to the contrary, temporary overflow emergency shelters for the homeless may house occupants under the age of 18 when the shelter meets the following requirements: "(1) The shelter is intended to serve homeless families that include children under 18 and their parents or other legal guardians. "(2) The temporary shelter consists of a group of churches or other nonprofit religious entities that have agreed to host the shelter occupants on the premises of each church or religious entity on a rotating basis. "(3) The shelter is equipped with smoke detectors meeting applicable Code provisions for such devices in all sleeping areas." Session Laws 2013-77, s. 4, provides: "Additional rule-making authority. - Notwithstanding G.S. 150B-19(4) , the Commission shall adopt amendments to the Homeless Shelter Provision to be substantively identical to the provisions of Section 3 of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." Session Laws 2013-77, s. 5, provides: "Sunset. - Section 3 of this act expires on the date that rules adopted pursuant to Section 4 of this act become effective." Session Laws 2013-206, s. 4, made subsection (j2), as added by Session Laws 2013-206, s. 2, applicable to tall buildings and structures for which construction is initiated on or after October 1, 2013. Session Laws 2013-265, s. 1, provides: "This act shall be known and may be cited as the 'North Carolina Farm Act of 2013.'" Session Laws 2013-265, s. 18, and Session Laws 2013-413, s. 41, each add a new subsection (b13). Session Laws 2013-413, s. 41 is designated (b14). Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2013-413, s. 61(a) is a severability clause. Session Laws 2014-90, s. 7, provides: "The Building Code Council, the Environmental Management Commission, the Coastal Management Commission, and the Department of Environment and Natural Resources shall amend their rules to conform with this act." Session Laws 2014-90, s. 8, is a severability clause. Session Laws 2014-103, s. 14(a)-(c), provides: "Notwithstanding Section 1008.1.4.5 of the 2012 NC State Building Code (Fire Code), horizontal sliding or vertical security grilles shall be permitted at all exits or exit access doorways, provided that the grilles are openable from the inside without the use of a key or special knowledge or effort during periods that the space is occupied by authorized persons and that the grilles remain secured in the full-open position during the period of occupancy by the general public. "(b) The Building Code Council shall adopt a rule to amend Section 1008.1.4.5 of the 2012 NC State Building Code (Fire Code) consistent with Section 14(a) of this section. "(c) Section 14(a) of this section expires on the date that the rule adopted pursuant to Section 14(b) of this section becomes effective. Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part." Session Laws 2014-120, s. 22(e), provides: "No later than March 31, 2015, the Building Code Council shall adopt a rule to amend the NC State Building Code (Fire Prevention) as it applies to structures required to comply with the provisions of G.S. 143-138(b2)(2) , as enacted by this section, to adopt the standards for carbon monoxide alarms contained in the 2015 International Fire Code promulgated by the International Code Council. The effective date of the rule required by this section shall be no later than June 1, 2015." Session Laws 2014-120, s. 60, is a severability clause. Session Laws 2015-19, ss. 1-5, provides: "1. Definitions. - As used in this act, "Council" means the Building Code Council, "Code" means the current North Carolina Building Code as adopted by the Council, and "open air camp cabin" means a single-story structure that (i) has three walls consisting of at least twenty percent (20%) screened openings no more than 44 inches above the floor; (ii) has no heating or cooling system; (iii) is occupied for no more than 150 days within any rolling 365-day time span; and (iv) accommodates 36 or fewer persons. "2. New Code amendment. - Until the effective date of the Code amendment that the Council is required to adopt pursuant to Section 4 of this act, the Council and local governments enforcing the Code shall follow the provisions of Section 3 of this act with respect to open air camp cabins. "3. Implementation. - Notwithstanding any provision of the Code to the contrary, the Council shall not enforce any requirements more stringent than the following for open air camp cabins: "(1) The open air camp cabin shall have at least two remote unimpeded exits, but lighted exit signs shall not be required. "(2) The open air camp cabin shall not be required to have plumbing or electrical systems, but if the cabin has these systems, then the provisions of the Code otherwise applicable to those systems shall apply. "(3) Smoke detectors and handheld fire extinguishers may be required as otherwise provided in the Code, but no requirement for a sprinkler system shall be imposed. "4. Rule-making authority. - Notwithstanding G.S. 150B-19(4) , the Commission shall adopt rules establishing a new residential occupancy category under Section 310 of the Code for open air camp cabins that are substantively identical to the provisions of Section 3 of this act. "5. Sunset. - Section 3 of this act expires on the date that rules adopted pursuant to Section 4 of this act become effective." Session Laws 2016-113, s. 17(b), effective October 1, 2016, provides: "The Building Code Council shall amend the State Electrical Code and the State Plumbing Code consistent with this section." Session Laws 2016-113, s. 17(a) amended G.S. 87-97 . Session Laws 2016-113, s. 19(a), is a severability clause. Session Laws 2017-10, s. 5.1, is a severability clause. Session Laws 2019-174, s. 10, provides: "To promote uniformity in plan review and interpretation of the North Carolina State Building Code among those cities and counties that require review of building plans for structures subject to regulation under North Carolina Residential Code for One- and Two-Family Dwellings, the North Carolina Department of Insurance shall issue a guidance paper by October 1, 2019." Session Laws 2019-174, s. 11, provides: "The North Carolina Building Code Council shall consult with the Department of Environmental Quality to study options for the use by builders of debris, such as dirt, sand, gravel, rock, concrete, or similar nonhazardous material for additional uses at the site of construction, including fill under porches, driveways, and other options that will decrease the volume of demolition debris sent to solid waste disposal facilities. The Council shall report its findings and recommendations, including any proposed legislative changes, to the 2020 Regular Session of the 2019 General Assembly when it convenes." Session Laws 2020-74, s. 18, provides: "Notwithstanding G.S. 150B-21.3(b1) , the following rules, as adopted by the North Carolina Building Code Council on March 10, 2020, and approved by the Rules Review Commission on May 21, 2020, shall not become effective: "1102.7 (2018 NC Plumbing Code/Fittings). "1102.2 (2018 NC Plumbing Code/Inside Storm Drainage Conductors). "702.4 (2018 NC Plumbing Code/Fittings). "702.1 (2018 NC Plumbing Code/Above-Ground Sanitary Drainage and Vent Pipe)." Effect of Amendments. - Session Laws 2002-144, s. 5, as amended by Session Laws 2004-124, s. 21.1, effective July 1, 2002, in subsection (g), deleted the Clerk of the Superior Court from the list of government officials who receive a copy of the State Building Code, changed the number of copies of the State Building Code received by the Department of Cultural Resources State Library from 5 to 1, changed the number of copies of the State Building Code received by the Supreme Court Library from 2 to 1, and added the second sentence in the last paragraph. Session Laws 2004-124, s. 21.2, effective July 1, 2004, deleted the second paragraph of subsection (d). Session Laws 2005-205, s. 6, effective July 1, 2006, added the last undesignated paragraph in subsection (b). Session Laws 2007-182, ss. 1 and 2, effective July 5, 2007, in the Section 1008 of Chapter X of Volume 1 of the North Carolina State Building Code, which appears in subdivision (b)(3), substituted "Commission for Public Health" for "Commission for Health Services" once, and substituted "Division of Health Service Regulation" for "Division of Facility Services" three times. Session Laws 2007-529, s. 1, effective August 31, 2007, added the tenth paragraph in subsection (b). Session Laws 2008-176, s. 2, effective August 4, 2008, rewrote the fifth paragraph of subsection (b). Session Laws 2008-219, s. 1, effective August 16, 2008, added the third paragraph in subsection (b). Session Laws 2009-79, s. 1(a)-(c), effective June 11, 2009, in subsection (b), added the exception at the beginning of the fourth paragraph; added subsection (c1); and in subsection (e), in the first paragraph, added the exception at the beginning, and added the last paragraph. Session Laws 2009-532, s. 1, effective October 1, 2009, rewrote subsection (b5). Session Laws 2009-570, s. 18, effective August 28, 2009, added "the following:" in the second paragraph of subsection (b6). Session Laws 2010-97, s. 6(b), effective July 20, 2010, substituted "burning heater, appliance, or fireplace, and in any dwelling unit having an attached garage" for "burning heater or appliance, fireplace, or an attached garage" in the first sentence of subsection (b2). Session Laws 2011-145, s. 19.1(mm), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Office of Juvenile Justice" in subsection (g). Session Laws 2011-364, s. 1, effective June 27, 2011, and applicable to all farm buildings, including farm buildings where construction either began or was completed prior to that date, in subdivision (b4)(1), deleted the former last sentence and added the last two sentences. Session Laws 2012-34, s. 1, effective June 20, 2012, inserted "or acquired by a State-supported center providing testing, research, and development services to manufacturing clients" in the third sentence of subsection (b9). Session Laws 2012-187, s. 16.1, effective July 16, 2012, added subdivision (b4)(3). Session Laws 2013-75, s. 1, effective June 12, 2013, in subsection (b3), substituted "subsections (b4) and (c1)" for "subsection (c1)" near the beginning, subsection (b4), deleted "or" following "municipality", inserted "(iii) a primitive camp, or (iv) a primitive farm building" in the first sentence; and added subdivisions (b4)(4 and (b4)(5). Session Laws 2013-118, s. 2, effective July 1, 2013, in subsection (d), added "periodically" in the first sentence, and the second, third, fifth and sixth sentences. Session Laws 2013-118, s. 3, effective July 1, 2013, in subsection (b8), inserted "a cable television company" following "defined in G.S. 62-3 " and "electric, cable television" preceding "or communication lines." Session Laws 2013-206, s. 2, effective October 1, 2013, added subsection (j2). For applicability, see editor's note. Session Laws 2013-265, s. 18, effective July 17, 2013, added subsection headings in subsection (b1) through (b12); added subdivision (b4)(6); redesignated the former last sentence in subsection (b6) as present subsection (b7) and former subdivisions (b6)(1) through (b6)(3) as present subdivisions (b7)(1) through (b7)(3); and added subsection (b13). Session Laws 2013-413, s. 19(a), effective July 1, 2015, in subsection (b2), added "Carbon Monoxide Detectors," "(i)," and added the language following "garage"; redesignated former subsection (b2) as present subsection (b2) and subdivision (b2)(1); added "For dwelling units" in subdivision (b2)(1); and added subdivision (b2)(2). Session Laws 2013-413, s. 41, added subsection (b13) (now subsection (b14)). For effective date and applicability, see Editor's note. Session Laws 2014-79, s. 5, effective July 22, 2014, repealed subsection (j2). See Editor's note for applicability. Session Laws 2014-90, s. 1, effective July 30, 2014, added subsection (b15). Session Laws 2014-120, s. 22(c), effective September 18, 2014, rewrote subsection (b2). Session Laws 2015-145, ss. 4.1, 5.2, effective October 1, 2015, substituted "fifteen thousand dollars ($15,000)" for "five thousand dollars ($5,000)" in subsection (b5); and substituted "Subject to the procedures set forth in G.S. 143-136(c) and (d)" for "The" at the beginning of the first sentence of subsection (d); inserted "following the procedure set forth in G.S. 143-136(c) " following "the Council shall" in the second sentence of subsection (d); and deleted "and shall post on the Council's Web site" following "in the North Carolina Register" in the next-to-last sentence of subsection (d). Session Laws 2015-241, ss. 14.30(s), (u), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" and "Department of Environmental Quality" for "Department of Environment and Natural Resources" in the table in subsection (g). Session Laws 2015-263, s. 34, effective September 30, 2015, added the sub-subdivision (b4)(1)a. designation and added sub-subdivisions (b4)(1)b. and (b4)(1)c. and subdivision (b4)(1a); and deleted subdivisions (b4)(3) and (b4)(6). Session Laws 2016-113, s. 13(a), effective October 1, 2016, rewrote subsection (b5); in subsection (b6), deleted "building" preceding "permit" and substituted "the Code" for "such Code"; rewrote subsection (b10); in subsection (b14), added the subsection heading and, in the first sentence, deleted "building" preceding "permit" and inserted "or any local variant approved under subsection (e) of this section"; and added subsection (b16). Session Laws 2017-10, ss. 1.3(b), 1.4, effective May 4, 2017, added subsections (b17) and (b18). Session Laws 2017-108, s. 8(b), effective October 8, 2017, inserted "or therapeutic equine facilities" in the introductory paragraph of subsection (b4), added the first sentence in subdivision (b4)(1), and added subdivision (b4)(2a). Session Laws 2017-130, s. 8(a), effective October 8, 2017, added "or therapeutic equine facilities" following "greenhouses" in the introductory language of subsection (b4), and added subdivision (b4)(2a). Session Laws 2017-186, s. 2(aaaaaa), effective December 1, 2017, substituted "Division of Adult Correction and Juvenile Justice" for "Division of Juvenile Justice" in the table in subsection (g). Session Laws 2017-212, s. 8.11, effective October 8, 2017, deleted "sub-subdivision a. of subdivision (1) of this subsection" near the beginning of subdivision (b4)(2a). Session Laws 2018-65, s. 2(a), effective October 1, 2018, added subsection (b19). Session Laws 2019-174, s. 4, effective October 1, 2019, designated the former second paragraph of subsection (a) as subdivision (a1)(1) and added the subsection designation and heading; added subdivision (a1)(2); and added subsection (b20). Legal Periodicals. - For survey of 1981 commercial law, see 60 N.C.L. Rev. 1238 (1982). For 1997 legislative survey, see 20 Campbell L. Rev. 413.