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HB 768

Emergency Communication Code Exemptions/Sanitary Board/401.

2025-2026 Session Introduced by Mark Brody and 6 co-sponsors

HB 768 exempts certain small, low-rise buildings from in-building emergency radio coverage rules and allows deactivation of existing systems, cutting owner costs.

Signed by Gov. 7/2/2025
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WeVote Research Nonpartisan
Bill Summary · HB 768

Summary — HB 768 (Session Law 2025‑50)

Short title: Emerg. Comm. Code Exempts / Sanitary Board / 401.
Status: Ratified and signed by Governor July 2, 2025 (Session Law 2025‑50). Effective when enacted; several provisions require subsequent rulemaking or take effect on rules' effective dates.

Main purpose

HB 768 makes three distinct changes to North Carolina law:
1. Clarifies exemptions from in‑building emergency responder communication (radio) coverage requirements in the State Building/Fire Code and provides how existing systems in exempt buildings may be handled.
2. Modifies vacancy‑filling and residency‑district rules for certain sanitary district boards.
3. Establishes statutory timelines and procedural requirements for the Department of Environmental Quality (DEQ) when processing Clean Water Act Section 401 water quality certification applications for projects eligible for U.S. Army Corps of Engineers Nationwide or Regional General Permits.

Key provisions

  1. Emergency responder communication exemptions (Building/Fire Code)
  2. Specifies that Section 510 in the Fire/Building Code will be amended by the Building Code Council to exempt certain buildings from in‑building emergency responder communications requirements, including:
    • R‑2 apartment buildings of Type V construction that meet egress rules (as described in the Code);
    • Apartment buildings and transient lodging (hotels/motels) no more than two stories above grade plane with direct exterior egress from each unit/room;
    • Buildings governed by the Residential Code; and
    • Buildings with gross floor area under 12,000 sq ft and no below‑grade stories (in some bill drafts additional size/height/unit thresholds appear).
  3. Existing systems in now‑exempt buildings: systems installed before enactment may be deactivated/disconnected (procedures include removal of primary/backup power, disconnection from donor antenna, elimination of unnecessary supervisory signals, and labeling of disconnected boosters).

  4. The Building Code Council must adopt rules to incorporate these exemptions and treatment of existing systems; interim non‑enforcement applies until those permanent rules take effect. The statutory exemption expires once the permanent rules are effective.

  5. Sanitary district board vacancies (G.S. 130A‑50(h))

  6. For sanitary districts that provide water/sewer and lie wholly within counties that contain more than 17 municipalities wholly within the county, boards must adopt single‑member residency districts (members elected at large).

  7. Vacancies must be filled by the remaining board members with an appointee who resides in the same single‑member residency district as the vacating member; appointees serve until the next election.

  8. Staggered four‑year terms are required and must be considered when establishing or revising districts.

  9. DEQ handling of 401 certification applications (G.S. 143‑214.1A additions)

  10. For projects eligible for Corps Nationwide/Regional General Permits that require or elect Individual 401 Certification, DEQ must follow specific procedural timelines:

    • Notify applicant of any required fee within 5 business days of receiving an application; failure to do so waives the fee and starts the review clock on the 6th business day.
    • The review period begins on payment date (or sixth business day if fee waived).
    • DEQ must post any federally required public notice within 5 business days of application receipt.
    • (The statute includes additional 30‑business‑day review steps and other procedural requirements; the enacted text prescribes review deadlines and steps intended to expedite 401 reviews for Corps‑permitted projects.)

Who is affected

  • Building owners, developers, property managers, architects and installers of in‑building radio systems; local code enforcement and fire officials; the NC Building Code Council.
  • Sanitary district boards, residents and candidates in affected sanitary districts.
  • Project applicants seeking USACE Nationwide/Regional permit coverage who need NC 401 water quality certification; DEQ staff and consultants.

Procedural/timeline notes

  • Building exemptions are interim/applicable immediately to enforcement but rely on the Building Code Council to promulgate substantive identical rules; the statutory exemption sunsets when those rules become effective.
  • The 401 certification changes impose short, specific timelines (e.g., 5 business‑day fee notice) to expedite DEQ review for Corps general‑permit projects.
  • Vacancy appointment rule changes apply when sanitary districts in qualifying counties adopt single‑member residency districts as required.

Potential impacts

  • Property owners of smaller, lower‑rise residential buildings may no longer be required to install or maintain in‑building emergency responder radio systems; existing systems can be deactivated under defined procedures, reducing installation/maintenance costs.
  • Sanitary district boards will have clearer residency‑based vacancy appointment rules, which may alter how interim appointments are made and ensure local representation continuity.
  • Developers and permit applicants could see faster, more predictable 401 certification processing for projects under Corps general permits due to firm DEQ timelines and notice requirements; DEQ administrative workload may shift to meet statutory deadlines.

If you want, I can produce a one‑page explainer for building owners or a checklist for DEQ applicants summarizing the new 401 application timelines and applicant responsibilities.

Compiled from official sources — confirm details with the bill’s official record.

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