Helene-damaged downtown owners could keep earlier window fire ratings

An eligible building's owner may choose windows with the fire-protection rating the building had on September 27, 2024. The building must be a commercial-only structure in a North Carolina county declared a major disaster because of Hurricane Helene. It must have existed before September 27, 2024, been directly damaged or destroyed by the storm, and be in a city's downtown or central business district. Repairs must restore substantially its former condition, use, occupancy, and size without expanding its footprint or height or changing its occupancy type. The owner must file a signed, notarized affidavit with the building permit application and before installing windows. It must identify the windows, confirm the building qualifies, and state that the owner accepts the risks of not installing fire-resistant windows. The exemption covers only repairs or rebuilding to restore damage caused by Hurricane Helene. It does not cover additions or other changes that trigger higher window requirements. All other building and fire safety rules still apply. The act would take effect when it becomes law and apply to eligible buildings receiving a certificate of occupancy on or after that date. Owners must claim the exemption in a permit application within two years after the effective date. Later renovations or additions must follow the building code then in effect.