The 2023/2024 Legislative Season

***Reminder – Please Contact Your Legislator Regarding HB 488 Veto Overide***

The General Assembly will be considering Veto Overrides next week during sessions. Please contact them again and ask them not to override the veto of HB 488! See note below. ***

During this years session, the NCSFA and the NC Fire Marshals Association, along with other groups, opposed HB 488, Code Council Reorganization and Various Code Amendments. The Bill reorganizes and separates the Code Council by creating a separate Residential Code Council, and could prohibit the introduction of new building codes in NC until 2031. As written, the proposed Bills could enormously impact The State of North Carolina, its citizens as well as businesses. These Bills could also greatly affect the ability of local governments and the state to recover from natural disasters. It should also be noted that the International Code Council (ICC), National Fire Protection Association (NFPA), National Electrical Manufacturing Association, Underwriters Laboratory, North Carolina Buildings Inspectors Association, NCSFA, and The North Carolina Fire Marshals Association all have the same concerns. Code adoption schedules affects some fire department Fire Suppression Grade Schedule (ISO rating), since points are given for recent code adoption. It could also affect fire departments applying for SAFRE and Fire Act Grants through FEMA, since code adoption is a measurable issue on points.

*** Please contact your House and Senate Representatives and ask them NOT to override the Governors veto of House Bill 488. Be polite above all, discuss the points above, and advise them the risks to citizen safety by delaying adopting new codes until 2031 should rank above the changes in the bill and separation of the code council. Hopefully we can prevent this Bill from becoming law.

Tim Bradley, EFO, CFO, FIFireE

Executive Director, NC State Firefighters’ Association

Joint NCSFA/NCAFC Legislative Committee

Richard Pulley, Chair NCSFA

Steven Roberson NCSFA

Curt Deaton NCSFA

Chris Davis NCSFA

Tim Bradley NCSFA Staff

Ed Brinson NCSFA Staff

Kevin Gordon NCAFC

Joey Webb NCAFC

Jennifer Smith NCAFC

Derrick Clouston NCAFC

Brian Causey NCAFC

Wes Hutchins NCAFC Staff

Listed below are the State bills introduced that we are currently tracking.

Prohibits anyone in uniform from being turned down to vote.

This bill allows an income tax credit to volunteer fire and rescue personnel for expenses incurred while volunteering based upon expenses paid.

INCREASE THE PUNISHMENT FOR DISCHARGING OR ATTEMPTING TO DISCHARGE A FIREARM AT OR INTO AN UNOCCUPIED EMERGENCY VEHICLE AND TO INCREASE THE PUNISHMENT FOR POINTING A LASER DEVICE AT A LAW ENFORCEMENT OFFICER OR OTHER EMERGENCY PERSONNEL WHEN THE PERSON OR ANIMAL IS IN THE PERFORMANCE OF HIS OR HER DUTIES.

Makes income received from a NC State or Local Government Retirement Plan or Federal Retirement plan exempt from State Income Tax. (Similar to previous us bills aligning with the Bailey Act).

H 0054 | Make North Carolina Home Act of 2023 | Feb 06, 2023 | Feb 07, 2023 – Ref to the Com on Local Government – Land Use, Planning and Development, if favorable, Commerce, if favorable, Rules, Calendar, and Operations of the House | Ben Moss |

TO TRANSLATE THE NORTH CAROLINA STATE BUILDING CODE INTO SPANISH; TO DIRECT THE DEPARTMENT OF COMMERCE TO ESTABLISH A WEBSITE TO TRACK ALL LOCAL PLANNING, ZONING, AND LAND-USE REGULATIONS; AND TO DIRECT THE DEPARTMENT OF COMMERCE TO DEVELOP A PROGRAM TO PARTNER WITH COUNTIES ON RESIDENTIAL SITE SELECTION.

Expands the investigative powers of the State Fire Marshal related to Arson.

APPROPRIATE FUNDS FOR CRITICAL PUBLIC SAFETY PRIORITIES AND QUALITY OF LIFE PROJECTS IN ROWAN COUNTY

This bill allows, by indicating “may”, the owner of an all terrain or utility vehicle to register it for a title. It would exclude golf carts. This may effect fd’s who own these type vehicles if they desire to title it for insurance or others reasons.

Increases Fire and Rescue Pension Benefits

Removes forever chemicals in certain projects. Does not appear to include turn-out gear.

REMOVES THE ADDITIONAL FEE FOR A FIRE DEPARTMENT OR RESCUE SQUAD MEMBER SPECIAL REGISTRATION PLATE.

CREATE A STATE BUILDING CODE PERMIT TECHNICIAN CERTIFICATION

EXPEDITE THE APPROVAL OF SEALED COMMERCIAL AND MULTIFAMILY BUILDING PLANS BY LOCAL GOVERNMENTS

APPROPRIATES FUNDS TO ADDRESS AND MINIMIZE EXPOSURE OF FIREFIGHTERS TO PFAS IN FIREFIGHTING FOAM

THE GABE TORRES ACT, TO EXPAND THOSE ELIGIBLE UNDER THE PUBLIC SAFETY EMPLOYEES’ DEATH BENEFITS ACT, AND TO HONOR THE LIFE OF GABE TORRES, A RALEIGH POLICE OFFICER WHOSE LIFE CAME TO AN END AFTER A TRAGIC ACT OF VIOLENCE ON OCTOBER 13, 2022, WHILE HE WAS ON HIS WAY TO WORK. THIS WOULD ALLOW TRAVEL TO AND FROM DUTY AS WELL AS TO AND FROM TRAINING TO BE CONISDERED COVERED UNDER THE LODD ACT.

TO FORBID USE OF FIREFIGHTING FOAMS CONTAINING PFAS CHEMICALS FOR FIREFIGHTING TRAINING OR TESTING PURPOSES. THIS ONLY COVERS TRAINING AND TESTING OF CLASS B FOAM, NOT IT’S USE IN ACTUAL EMERGENCIES.

PROVIDING THAT COUNTIES AND CITIES MAY HAVE CRIMINAL HISTORY RECORD CHECKS FOR FIREFIGHTER APPLICANTS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS CONDUCTED THROUGH THE CLERK OF SUPERIOR COURT OR A THIRD-PARTY VENDOR AND PROVIDING THAT THE CRIMINAL HISTORY RECORD CHECKS REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBERS UNDER EIGHTEEN.

To award the “Medal of Valor Award” to a first responder upon recommendation from the highest-ranking official within a department or agency employing first responders. The Governor may award up to two medals of valor to first responders each calendar year. The Governor may also award one Medal of Valor to an entire unit once each calendar year. If two recipients have already been awarded for the calendar year, the Governor may award a third recipient under special circumstances. The Medal of Valor 16 Award shall be for first responders that have performed great acts of heroism, while under threat of personal risk to their safety, beyond the call of duty in the field. For the purposes of this subdivision, a “first responder” includes any firefighter, paramedic, law enforcement officer, emergency medical services personnel, or rescue squad member.”

EXPANDS PROPERTY TAX HOMESTEAD EXCLUSION RELIEF TO VOLUNTEER FIREFIGHTERS, WHICH EXEMPTS THE FIRST $45,000 OF TAX EVALUATIONON THE PROPERTY.

REORGANIZES THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND AMENDS VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.

ESTABLISHES A SUPPLEMENTAL INSURANCE POLICY FOR FIRST RESPONDERS DIAGNOSED WITH MENTAL HEALTH CONDITIONS TO BE HOUSED WITHIN THE DEPARTMENT OF INSURANCE.

DIRECTS THE DEPARTMENT OF INSURANCE AND THE LABOR AND ECONOMIC ANALYSIS DIVISION OF THE DEPARTMENT OF COMMERCE TO STUDY WAYS TO INCENTIVIZE THE RECRUITMENT AND RETENTION OF VOLUNTEER FIREFIGHTERS.

ALLOWS FIRST RESPONDERS (LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL) WHO ARE MEMBERS OF THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM OR THE LOCAL GOVERNMENTAL EMPLOYEES’ RETIREMENT SYSTEM TO RETIRE WITH UNREDUCED BENEFITS AFTER ACHIEVING TWENTY-FIVE YEARS OF CREDITABLE SERVICE AND MAKING CONFORMING CHANGES.

ALLOWS FOR VOLUNTEER FIREFIGHTERS TO BE REIMBURSED FOR CERTAIN EXPENSES IN THE COURSE OF EMERGENCY RESPONSE.

ENACT THE “SHINE LIKE HAILEY PARADE SAFETY ACT” BY AMENDING THE MOTOR VEHICLE LAWS OF THE STATE TO IMPOSE SAFETY REQUIREMENTS FOR OPERATION OF A PARADE VEHICLE, THAT NO LESS THAN 7 DAYS PRIOR TO THE PARADE THEY BE INSPECTED BY POLICE AND FIRE FOR REGISTRATION AND INSURANCE.

EXPANDS THE SCOPE OF VARIOUS PEER SUPPORT GROUP COUNSELOR PROVISIONS

INCREASES THE PUNISHMENT FOR COMMITTING AN ASSAULT WITH A FIREARM AGAINST CERTAIN EMERGENCY, MEDICAL, AND LAW ENFORCEMENT PERSONNEL; TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT AGAINST AN EXECUTIVE OFFICER, A LEGISLATIVE OFFICER, OR A COURT OFFICER AND INFLICTING SERIOUS BODILY INJURY; AND TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT OR MAKING A THREAT AGAINST AN INDIVIDUAL EMPLOYED BY OR ACTING ON BEHALF OF A COUNTY DEPARTMENT OF SOCIAL SERVICES.

PROTECT THE FIREFIGHTERS OF THE STATE FROM THE HEALTH CONSEQUENCES OF EXPOSURE TO PFAS CHEMICALS BY PROHIBITION OF FIREFIGHTING FOAM CONTAINING PFAS CHEMICALS AND BY REQUIRING NOTICE OF FIREFIGHTING EQUIPMENT CONTAINING PFAS CHEMICALS.

PROVIDE FOR EMERGENCY PREPAREDNESS EDUCATION IN SCHOOLS.

ALLOWING LAW ENFORCEMENT OFFICERS TO RECEIVE RETIREMENT BENEFITS AND SUBSEQUENTLY RETURN TO SERVICE.

H 0785 | Prohibit Fire Sprinkler System Requirement | Apr 18, 2023 | Apr 19, 2023 – Ref to the Com on Local Government – Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House | Mark Brody |

PROVIDING LAW ENFORCEMENT OFFICERS WHO ARE MEMBERS OF THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM OR THE LOCAL GOVERNMENTAL EMPLOYEES’ RETIREMENT SYSTEM AN ALTERNATIVE SPECIAL SEPARATION ALLOWANCE.

Makes income received from a NC State or Local Government Retirement Plan or Federal Retirement plan exempt from State Income Tax. (Similar to previous us bills aligning with the Bailey Act).

Makes it unlawful to use (hold) a wireless communication devise while operating a motor vehicle..

REQUIRE LICENSING AND PERMITTING FOR INDIVIDUALS AND FIRMS THAT INSTALL AND SERVICE PORTABLE FIRE EXTINGUISHERS AND FIRE SUPPRESSION SYSTEMS

TO CLARIFY THAT OCCUPANTS OF ACCOMMODATIONS PROVIDED BY HOTELS, MOTELS, OR SIMILAR LODGINGS DO NOT CREATE A TENANCY AND ARE NOT SUBJECT TO CHAPTER 42 OF THE GENERAL STATUTES AND TO CLARIFY THAT THESE OCCUPANCIES ARE GOVERNED BY THE STATUTES RELATING TO INNS, HOTELS, AND OTHER TRANSIENT OCCUPANCIES.

Allows an immediate inspection and admittance when a known hazard in presented to the inspection department of certain residential housing.

PROVIDE THAT THE PRESUMPTION OF A PERSON HAVING A REASONABLE FEAR OF IMMINENT DEATH OR SERIOUS BODILY HARM TO HIMSELF OR HERSELF OR ANOTHER WHEN USING DEFENSIVE FORCE OF HOME, MOTOR VEHICLE, OR WORKPLACE DOES NOT APPLY IF THE PERSON ENTERING OR ATTEMPTING TO ENTER THE PROPERTY IS AN EMERGENCY MEDICAL SERVICES PERSONNEL OR FIREFIGHTER.

EXPEDITE THE APPROVAL OF SEALED COMMERCIAL AND MULTIFAMILY BUILDING PLANS BY LOCAL GOVERNMENTS

ALLOWS AN INCOME TAX CREDIT TO CERTAIN VOLUNTEER WORKERS FOR UNREIMBURSED BUSINESS EXPENSES

FUNDS THE NORTH CAROLINA FIREFIGHTER CANCER INSURANCE PROGRAM WITHIN THE DEPARTMENT OF INSURANCE BY AMENDING THE CURRENT PERCENTAGE DISTRIBUTION OF THE GROSS PREMIUM ASSESSMENT AND TO SET RETAINED EARNING LIMITS FOR THE VOLUNTEER SAFETY WORKERS’ COMPENSATION FUND

AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE A CERTIFICATE OF TITLE FOR ALL-TERRAIN VEHICLES AND UTILITY VEHICLES AND EXPANDING THE STREETS OR HIGHWAYS ON WHICH A MODIFIED UTILITY VEHICLE MAY BE LEGALLY OPERATED.

Makes OSFM an independent agency with administrative support from DOI, carrying out its duties independent from DOI, and removing the Commissioner as State Fire Marshal. The State Fire Marshal would be appointed by the Commissioner by and with confirmation from the Senate, and serve a three year term.

REORGANIZES THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND AMENDS VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.

EXPANDS THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS AND PROVIDES AN ALTERNATIVE MEANS OF BACKGROUND CHECKS FOR RESIDENTS LIVING IN NORTH CAROLINA FOR LONGER THAN FIVE YEARS.

STUDIES THE INSTALLATION OF ADEQUATE CARBON MONOXIDE ALARM AND DETECTION SYSTEMS AND THE IMPLEMENTATION OF RADON GAS TESTING IN ALL IDENTIFIED PUBLIC SCHOOLS.

CREATES A HOMEBUYERS’ ASSISTANCE PROGRAM WITH THE NORTH CAROLINA HOUSING FINANCE AGENCY FOR FIRST-TIME HOMEBUYERS WHO WORK AS PUBLIC SERVANTS.

MAKE MODIFICATIONS TO THE HOME INSPECTOR LICENSING BOARD POWERS AND FEES AND TO MAKE VARIOUS CHANGES REGARDING LICENSING AND EXAMINATION FOR CODE OFFICIALS AND POWERS OF THE NC CODE OFFICIALS QUALIFICATION BOARD.

PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER FIREWORKS.

REPEALS THE BAN ON PUBLIC EMPLOYEE COLLECTIVE BARGAINING.

See Sections 9 and 10 reference prescribed burning and unmanned aircraft around forest fires.

Establishes A SUPPLEMENTAL INSURANCE POLICY FOR FIRST RESPONDERS DIAGNOSED WITH MENTAL HEALTH CONDITIONS

CREATE A STATE BUILDING CODE PERMIT TECHNICIAN CERTIFICATION.

INCREASES ELIGIBLE FIREFIGHTERS’ RETIREMENT FROM ONE HUNDRED SEVENTY DOLLARS TO TWO HUNDRED DOLLARS, TO INCREASE CONTRIBUTIONS FROM TEN DOLLARS TO TWENTY DOLLARS, AND TO PROVIDE AN INFLATIONARY FACTOR FOR FUTURE DISBURSEMENTS.

The 2023/2024 Legislative Season

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