GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    3

HOUSE BILL 329

Committee Substitute Favorable 3/24/11
Third Edition Engrossed 4/6/11

Short Title:        Bldg. Codes/Expand Equine Exemption.	(Public)
Sponsors:
Referred to:

March 14, 2011

A BILL TO BE ENTITLED

AN ACT to expand the exemption from Building rules for farm buildings to include farm buildings used for spectator events.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143-138(b4) reads as rewritten:

"(b4)    Farm Exemption. - Building rules do not apply to (i) farm buildings that are located outside the building-rules jurisdiction of any municipality, or (ii) farm buildings that are located inside the building-rules jurisdiction of any municipality if the farm buildings are greenhouses. For the purposes of this subsection:

(1)        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 not be exempt if it is used for a spectator event and more than 10 members50 or more members of the public are present at the farm building for the event.event, unless the spectator event meets all of the following requirements:

A permit is issued by the fire marshal of the county in which the building is located to the owner or lessee of the property in accordance with G.S. 153A-357. Approval shall be granted after the fire marshal has verified the temporary nature of the event, the outstanding unsafe conditions have been mitigated and a fire watch has been established.  For purposes of this section, 'temporary' shall be defined as an event is held not more than four times per calendar year in the building and the period of continuous use does not exceed 24 hours.

(2)        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."

SECTION 2.  This act is effective when it becomes law and applies to all farm buildings, including farm buildings where construction either began or was completed prior to the effective date of this act.