Bill Summary – FastDemocracy

FILED SENATE
                                                                                        Apr 5, 2023
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                S.B. 622
                                     SESSION 2023           PRINCIPAL CLERK
     S                                                                   D
                              SENATE BILL DRS15193-NH-27
     Short Title:   Consumer Protections Against Storm Chasers.                                (Public)
     Sponsors:      Senators Sawyer, Lee, and Lazzara (Primary Sponsors).
     Referred to:
                                   A BILL TO BE ENTITLED
 AN ACT TO PROVIDE CONSUMER PROTECTIONS AGAINST ROOFING REPAIR
     CONTRACTORS.
 The General Assembly of North Carolina enacts:
            SECTION 1. Chapter 75 of the General Statutes is amended by adding a new Article
 to read:
                                             "Article 9.
                                   "Roofing Repair Contractors.
 "§ 75-150. Definitions.
     The following definitions apply in this Article:
            (1)    Consumer. – The person hiring a roofing repair contractor, including the
                   property owner, person in legal possession of the property, or any agent
                   thereof, including the State and any of its political subdivisions.
            (2)    Emergency services. – Any repair needed as the result of a serious,
                   unexpected, or dangerous situation that requires immediate action.
            (3)    Roofing repair. – Repairs to an existing roofing system, including a total
                   replacement of the existing roofing system.
            (4)    Roofing repair contractor. – A person engaged in the business of conducting
                   or soliciting roofing-related services, including construction, installation,
                   renovation, repair, maintenance, alteration, or waterproofing, for a fee in this
                   State, whether a resident of this State or a nonresident.
 "§ 75-151. Exclusions.
     The following are excluded from the provisions of this Article:
            (1)    A licensed general contractor.
            (2)    A person engaged in the demolition of a structure or the cleanup of
                   construction waste and debris that contains roofing material.
            (3)    A person working under the direct supervision of a roofing repair contractor
                   who is hired either as an employee, day laborer, or contract laborer.
 "§ 75-152. Prohibited conduct.
     A roofing repair contractor shall not do any of the following:
            (1)    Advertise or otherwise promise or offer to pay, or pay, all or any portion of
                   any insurance deductible as an inducement to the sale of goods or services or
                   in exchange for permitting the roofing contractor to display a sign or any other
                   type of advertisement at the consumer's premises.
            (2)    In circumstances in which payment may be made from the proceeds of a
                   property and casualty insurance policy, a roofing repair contractor shall not
                                   *DRS15193-NH-27*
     General Assembly Of North Carolina                                                    Session 2023
                     require any payments from an insured until the five-day cancellation period
                     has expired. If, however, the residential roofing contractor has performed
                     emergency services, acknowledged by the insured in writing to be necessary
                     to prevent further damage to the premises, the residential roofing contractor
                     shall be entitled to collect the amount due for the emergency services at the
                     time they are rendered.
             (3)     A residential roofing contractor shall not represent or negotiate, or offer or
                     advertise to represent or negotiate, on behalf of an owner or possessor of
                     residential real estate on any insurance claim in connection with the repair or
                     replacement of roof systems. This subdivision shall not apply to a public
                     adjuster licensed under Chapter 58 of the General Statutes.
 "§ 75-153. Written contract requirements.
     A written contract for roofing repairs shall contain, in at least 10-point bold type, the
 following statement:
             "You may cancel this contract at any time before midnight on the fifth business day
             after you have received written notification from your insurer that all or any part of
             the claim or contract is not a covered loss under the insurance policy. This right to
             cancel is in addition to any other rights of cancellation which may be found in state
             or federal law or regulation."
 "§§ 75-154 through 75-158. Reserved for future codification purposes.
 "§ 75-159. Enforcement.
     (a)     A violation of this Article shall constitute an unfair and deceptive trade practice under
 G.S. 75-1.1.
     (b)     Any person who violates subdivision (1) or (3) of G.S. 75-152 is guilty of a Class 1
 misdemeanor."
             SECTION 2. This act is effective 90 days after it becomes law and applies to
 contracts for roofing repair entered into on or after that date.
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