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Bill

SB 602

relative to the withholding of state payments to the federal government in response to suspended federal aid.

2026 Regular Session Introduced by Debra Altschiller and 5 co-sponsors

Allows downtown commercial buildings damaged by Hurricane Helene to replace windows with pre‑storm fire rating instead of upgraded code, under a temporary exemption.

Inexpedient to Legislate, MA, VV === BILL KILLED ===; 02/19/2026; SJ 4
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Bill Summary · SB 602

SB 602 — "H'cane Helene Building Code Window Exemption" (Summary)

Status: Withdrawn From Committee
Introduced: February 20, 2025 (bill text and subsequent committee substitutes filed in early 2025)

Purpose

SB 602 would create a temporary, narrow exemption from certain State Building Code requirements that mandate upgraded fire‑resistant (fire‑rated) windows. The exemption is intended to reduce cost/time burdens on downtown commercial property owners rebuilding or repairing structures damaged by Hurricane Helene by allowing replacement of windows to the pre‑storm fire‑protection rating rather than requiring current, higher-rated assemblies.

Key provisions

  • Exemption scope — authorizes owners of qualifying downtown commercial buildings to install window assemblies with the same fire‑protection rating that existed on September 27, 2024, instead of upgrading to newer State Building Code fire‑resistant window requirements.
  • Limited application — the exemption applies only to State Building Code provisions that would require a higher/updated fire‑protection rating or fire‑resistant glazing for window openings. All other building code requirements remain in force.
  • Eligibility criteria — to qualify, a building must:
    • Be located in a county declared a major disaster (Stafford Act) because of Hurricane Helene;
    • Be solely classified as commercial occupancy (not residential or mixed‑use);
    • Be located in the municipality’s central business / downtown commercial district (municipal definition or zoning map);
    • Be undergoing reconstruction/repair to restore substantially the building to its pre‑storm condition without expanding footprint, height, or changing occupancy classification.
  • Owner affidavit — owners electing the exemption must submit a notarized affidavit with the building permit application before installing windows. The affidavit must:
    • Cite the statute and confirm eligibility;
    • State the owner assumes risks from not installing upgraded fire‑resistant windows;
    • Identify which window installations are covered. The local building inspections office keeps the affidavit and notes the exemption on the certificate of occupancy.
  • Time limit — owners must claim the exemption by submitting the building permit application within two years of the act’s effective date. Windows installed under the exemption may remain in use after the two‑year window, but subsequent renovations/additions must meet then‑current code.
  • Rulemaking & form — the Office of the State Fire Marshal and the Building Code Council may adopt implementing rules; the Fire Marshal will provide a standard affidavit form.
  • Liability protection — state/local governments, code officials, and inspectors are not liable for damages arising from a building owner’s use of the exemption.

Who is affected

  • Primary: downtown commercial property owners/operators in Hurricane Helene–declared disaster counties who are repairing or rebuilding storm‑damaged commercial buildings.
  • Secondary: local building inspection departments (permit processing, record retention), code enforcement agencies, design/construction professionals.
  • Public safety implications may concern fire officials and nearby occupants since some buildings may not be upgraded to current fire‑rated window standards.

Procedural / timeline notes

  • The bill text takes effect upon enactment and (as introduced) applies to eligible buildings where repair/reconstruction begins on or after the effective date. Committee substitute versions made technical edits (e.g., clarified downtown definition and applicability tied to certificates of occupancy).
  • Owners have a two‑year window from the act’s effective date to claim the exemption via permit application.
  • As provided in the Bill Information, SB 602’s status is "Withdrawn From Com" (i.e., it was withdrawn from committee consideration during the 2025 session).

Potential impacts / considerations

  • Pros: may lower rebuilding costs and speed reoccupancy for downtown commercial properties after a disaster.
  • Cons/risks: maintaining pre‑storm (potentially lower) fire‑protection window ratings could increase fire risk compared with current code; local fire officials may have concerns. The bill also shifts certain risk‑assumption to property owners and shields government officials from related liability.

(Prepared to explain any specific clause or to compare the introduced version and committee substitute language in greater detail.)

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

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