Section 1
Defines home business use as an accessory commercial or professional activity conducted by the owner-occupant within the dwelling that is incidental to the primary residential use. To qualify as a "home business use," the business must be operated directly by the owner-occupant and not leased or rented to a third party. Also defines live/work unit, owner-occupied, and single-family dwelling. Specifies that an owner-occupied, single-family dwelling with a home business use (Dwelling) is subject solely to the provisions of the NC State Building Code (Code) that would apply if the home had no business so long as the three listed conditions are met, including home business use of the Dwelling is permitted under local zoning law and is otherwise lawful. Specifies that the presence of such a dwelling must not alter the Dwelling’s classification as a single-family residence, cause any portion of the Dwelling to be considered a separate occupancy or trigger live/work, mixed-use, or commercial requirements under the Code, or impose any additional requirements under the Code that would not otherwise apply to single family dwellings. If the owner fails to meet the conditions for the exemption, terminates the exemption and orders the Dwelling to be subject to any applicable occupancy classification and associated requirements of the Code. Prevents a Dwelling from being reclassified solely because of the presence of a home business use. Specifies that no reinspection or reissuance of a certificate of occupancy will be required solely on that basis.
Section 2
Prohibits a local government unit from enacting or enforcing the following measures: (1) requiring a Dwelling to be classified or regulated under the commercial live/work requirements of the Code or (2) imposing any construction, fire-safety, or structural requirement more stringent than, or in addition to, those specified by the North Carolina Residential Code (RC) for single-family dwellings, solely because it is a Dwelling.  Requires the NC Building Code Council and the NC Residential Code Council (collectively, Councils) to adopt permanent rules to amend their respective codes to conform to the provisions of this act.  Specifies that the above provisions in Section 1 expire when those permanent rules are adopted. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Specifies that the provisions of the APA requiring review by the rules commission do not apply. Specifies that the provisions pertaining to local government do not impede on: (1) the authority of a county or municipality to regulate land use or to prohibit or restrict particular business activities under its zoning or police powers, including, but not limited to, adult establishments, uses involving highly flammable materials, or other operations deemed unlawful or hazardous under State or federal law; (2)  any valid private covenant, deed restriction, or homeowners' association bylaw that prohibits or limits home-based businesses; and (3) the applicability of other State and federal laws, rules, and regulations to Dwellings, including health and  safety laws, occupational licensing requirements, environmental standards, and any State or federal permit, license, or approval requirement.