AN ACT requiring that doorstep refuse and recycling collection containers be allowed in exit access corridors of certain apartment occupancies under certain circumstances.

The General Assembly of North Carolina enacts:

SECTION 1.  Definitions. – As used in this act, Council means the Building Code Council, Code means the 2018 North Carolina Fire Prevention Code (NCFPC) as adopted by the Council, and exit obstruction and waste accumulation provisions means Sections 1031.2 (Reliability), 1031.3 (Obstructions), 304.1 (Waste Accumulation Prohibited), 304.2 (Storage), and 304.4 (Valet Trash Collection Services) of the Code.

SECTION 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 exit obstruction and waste accumulation.

SECTION 3.  Implementation. – Notwithstanding any provision of the Code to the contrary, code enforcement authorities with jurisdiction over apartment occupancies shall permit doorstep refuse and recycling collection containers which stand upright on their own and do not leak liquids when standing upright in exit access corridors as follows:

(1)        With respect to apartment occupancies with enclosed corridors, when all of the following conditions exist:

a.         The maximum doorstep refuse and recycling collection container size does not exceed 13 gallons and the number of containers does not exceed one refuse and one recycling collection container for a total of two containers per apartment occupancy.

b.         Waste in a doorstep refuse and recycling collection container is not placed in the exit access corridors for single periods exceeding five hours.

c.         Doorstep refuse and recycling collection containers do not occupy the exit access corridors for single periods exceeding 12 hours.

d.         Doorstep refuse and recycling collection containers do not reduce the means of egress width below that required under Sections 1005 and 1020.2 of the Code.

e.         Management staff of the apartment occupancy have written policies and procedures in place and enforce them to ensure compliance with this subdivision, and, upon request, provide a copy of such policies and procedures to the code enforcement authority having jurisdiction.

(2)        In apartment occupancies with open‑air corridors or balconies served by exterior exit stairs, when all of the following conditions exist:

a.         The maximum doorstep refuse and recycling collection container size does not exceed 27 gallons and the number of containers does not exceed one refuse and one recycling collection container for a total of two containers per apartment occupancy.

b.         Waste in a doorstep refuse and recycling collection container is not placed in the exit access corridors for single periods exceeding five hours.

c.         Doorstep refuse and recycling collection containers do not reduce the means of egress width below that required under Sections 1005 and 1020.2 of the Code.

d.         Management staff of the apartment occupancy have written policies and procedures in place and enforce them to ensure compliance with this subdivision, and, upon request, provide a copy of such policies and procedures to the code enforcement authority having jurisdiction.

(3)        The code enforcement authority having jurisdiction may approve alternative containers and storage arrangements that are demonstrated to provide an equivalent level of safety to that provided under subdivisions (1) and (2) of this section.

(4)        To provide a transition period for compliance with the requirements of this section, code enforcement authorities having jurisdiction shall allow apartment occupancies a phase‑in period until December 31, 2021, to comply with this subsection.

SECTION 4.  Rulemaking Authority. – Notwithstanding G.S. 150B‑19(4), the Council shall revise the exit obstruction and waste accumulation provisions of the NCFPC in a manner substantively identical to the provisions of Section 3 of this act.

SECTION 5.  Sunset. – Section 3 of this act expires on the date that permanent rules adopted pursuant to Section 4 of this act become effective. The Council may adopt temporary rules to implement this act.

SECTION 6.  Chapter 58 of the General Statutes is amended by adding a new Article to read:

Article 81A.

Regulation of Valet Trash Companies.

§ 58‑81A‑1.  Definitions.

The following definitions apply in this Article:

(1)        Office. – The Office of State Fire Marshal of the Department of Insurance.

(2)        Registry. – A listing of valet trash companies that have met the standards adopted by the Office pursuant to the authority granted by this Article.

(3)        Valet trash delivery services. – The removal of household waste and recyclable materials after the residents of multifamily residential communities place the waste and materials for collection outside their doors.

§ 58‑81A‑3.  Office to adopt rules.

The Office, in consultation with persons who own or operate a company engaged in the business of providing valet trash services, shall adopt rules for valet trash services. The rules shall include, at a minimum, the following:

(1)        The establishment of a registry for persons offering valet trash services that have complied with the requirements of this Article.

(2)        Procedures and submissions required for persons engaging in valet trash services to be listed in the registry.

(3)        Minimum standards and procedures for timely handling and disposal of household waste and recyclables collected by valet trash service providers.

(4)        Placarding requirements for each multifamily residential complex serviced by a valet trash service provider.

(5)        Minimum standards by which valet trash service providers can participate in the provision of valet trash service.

§ 58‑81A‑5.  Penalties for violation of Article.

(a)        Cease and Desist Order. – If the Commissioner determines that a person has violated the provisions of this Article or rules adopted under the authority of this Article, the Commissioner shall reduce the finding of violation to writing and shall issue and cause to be served upon the person charged with the violation an order requiring the person to cease and desist from engaging in the method, act, or practice.

(b)        Civil Penalty. – Whenever the Commissioner has reason to believe that any person has violated any of the provisions of this Article, the Commissioner may, after notice and opportunity for a hearing, order the payment of a monetary penalty of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) per violation. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation, the amount of money that inured to the benefit of the violator as a result of the violation, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with laws, rules, or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. Payment of the civil penalty under this section shall be in addition to payment of any other penalty for a violation of the criminal laws of this State.

SECTION 7.  Effective Date. – This act is effective when it becomes law.