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2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-22 - Hazardous materials emergency response program.

§ 166A-22. Hazardous materials emergency response program.
(a) The Secretary shall adopt rules establishing a regional response program for hazardous materials emergencies and terrorist incidents, to be administered by the Division of Emergency Management. To the extent possible, the regional response program shall be coordinated with other emergency planning activities of the State. The regional response program shall include at least seven hazmat teams located strategically across the State that are available to provide regional response to hazardous materials or terrorist incidents requiring technician-level entry capability and 24-hour dispatch and communications capability at the Division of Emergency Management Operations Center. The rules for the program shall include:
(1) Standards, including training, equipment, and personnel standards required to operate a regional response team with technician-level entry capability.
(2) Guidelines for the dispatch of a regional response team to a hazardous materials or terrorist incident.
(3) Guidelines for the on-site operations of a regional response team.
(4) Standards for administration of a regional response team, including procedures for reimbursement of response costs.
(5) Refresher and specialist training for members of regional response teams.
(6) Procedures for recovering the costs of a response to a hazardous materials or terrorist incident from persons determined to be responsible for the emergency.
(7) Procedures for bidding and contracting for the provision of a hazmat team for the regional response program.
(8) Criteria for evaluating bids for the provision of a hazmat team for regional response.
(9) Delineation of the roles of the regional response team, local fire department and local public safety personnel, the Division of Emergency Management's area coordinator, and other State agency personnel responding to the scene of a hazardous materials or terrorist incident.
(b) In developing the program and adopting rules, the Secretary shall consult with the Regional Response Team Advisory Committee established pursuant to G.S. 166A-24. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(c); 2014-100, s. 16B.3(d).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-23 - Contracts; equipment loans.

§ 166A-23. Contracts; equipment loans.
(a) The Secretary may contract with any unit or units of local government for the provision of a regional response team to implement the regional response program. Contracts are to be let consistent with the bidding and contract standards and procedures adopted pursuant to G.S. 166A-22(a)(7) and (8). In entering into contracts with units of local government, the Secretary may agree to provide:
(1) A loan of equipment, including a hazmat vehicle, necessary for the provision technician-level entry capability;
(2) Reimbursement of personnel costs when a regional response team is authorized by the Department to respond to a hazmat or terrorist incident, including the cost of call-back personnel;
(3) Reimbursement for use of equipment and vehicles owned by the regional response team;
(4) Replacement of disposable materials and damaged equipment;
(5) Costs of medical surveillance for members of the regional response team, including baseline, maintenance, and exit physicals;
(6) Training expenses; and
(7) Other provisions agreed to by the Secretary and the regional response team.
(b) The Secretary shall not agree to provide reimbursement for:
(1) Costs of clean-up activities, after a spill or leak has been contained;
(2) Local response not requiring technician-level entry capability; or
(3) Standby time.
(c) Any contract entered into between the Secretary and a unit of local government for the provision of a regional response team shall specify that the members of the regional response team, when performing their duties under the contract, shall not be employees of the State and shall not be entitled to benefits under the Teachers' and State Employees' Retirement System or for the payment by the State of federal social security, employment insurance, or workers' compensation.
(d) Regional response teams that have the use of a State hazmat vehicle may use the vehicle for local purposes. Where a State vehicle is used for purposes other than authorized regional response to a hazardous materials or terrorist incident, the regional response team shall be liable for repairs or replacements directly attributable to the nonauthorized response. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(d).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-24 - Immunity of Regional Response Team Personnel.

§ 166A-24. Immunity of Regional Response Team Personnel.
Members of a regional response team shall be protected from liability under the provisions of G.S. 166A-19.60(a) while responding to a hazardous materials or terrorist incident pursuant to authorization from the Division of Emergency Management. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(e); 2012-12, s. 2(y).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-25 - Right of entry.

§ 166A-25. Right of entry.
A regional response team, when authorized to respond to a release or threatened release of hazardous materials or when authorized to respond to a terrorist or threatened or imminent terrorist incident, may enter onto any private or public property on which the release or terrorist incident has occurred or on which there is an imminent threat of such release or terrorist incident. A regional response team may also enter, under such circumstances, any adjacent or surrounding property in order to respond to the release or threatened release of hazardous material or to monitor, control, and contain the release or perform any other action in mitigation of a hazardous materials or terrorist incident. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(f).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-26 - Regional Response Team Advisory Committee.

§ 166A-26. Regional Response Team Advisory Committee.
(a) The Regional Response Team Advisory Committee is created. The Secretary shall appoint the members of the Committee and shall designate the chair. In making appointments, the Secretary shall take into consideration the expertise of the appointees in the management of hazardous materials emergencies. The Secretary shall appoint one representative from:
(1) The Division of Emergency Management;
(2) The North Carolina Highway Patrol;
(3) The State Fire and Rescue Commission of the Department of Insurance;
(4) The Department of Environmental Quality;
(5) The Department of Transportation;
(6) The Department of Agriculture and Consumer Services;
(7) The Chemical Industry Council of North Carolina;
(8) The N.C. Association of Hazardous Materials Responders;
(9) Each regional response team;
(10) The State Bureau of Investigation.
In addition to the persons listed above, the Secretary shall appoint to the Advisory Committee three persons designated jointly by the North Carolina Fire Chiefs Association and the North Carolina State Firefighters' Association.
(b) The Advisory Committee shall meet on the call of the chair, or at the request of the Secretary; provided that the Committee shall meet no less than once every three months. The Department of Public Safety shall provide space for the Advisory Committee to meet. The Department also shall provide the Advisory Committee with necessary support staff and supplies to enable the Committee to carry out its duties in an effective manner.
(c) Members of the Advisory Committee shall serve without pay, but shall receive travel allowance, lodging, subsistence, and per diem as provided by G.S. 138-5.
(d) The Regional Response Team Advisory Committee shall advise the Secretary on the establishment of the program for regional response to hazardous materials emergencies in the State. The Committee shall also evaluate and advise the Secretary of the need for additional regional response teams to serve the State. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 1997-261, s. 108; 1997-443, s. 11A.123; 2002-179, s. 21(g); 2011-145, s. 19.1(g); 2015-241, s. 14.30(u); 2016-51, s. 6.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-27 - Action for the recovery of costs of hazardous materials emergency response.

§ 166A-27. Action for the recovery of costs of hazardous materials emergency response.
(a) A person who causes the release of a hazardous material requiring the activation of a regional response team shall be liable for all reasonable costs incurred by the regional response team in responding to and mitigating the incident. The Secretary shall invoice the person liable for the hazardous materials release, and, in the event of nonpayment, may institute an action to recover those costs in the superior court of the county in which the release occurred.
(b) A person who causes the release of a hazardous material that results in the activation of one or more State Medical Assistance Teams (SMATs) or the Epidemiology Section of the Division of Public Health of the Department of Health and Human Services shall be liable for all reasonable costs incurred by each team or the Epidemiology Section that responds to or mitigates the incident. The Secretary of Health and Human Services shall invoice the person liable for the hazardous materials release and, in the event of nonpayment, may institute an action to recover those costs in the superior court of the county in which the release occurred. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2007-107, s. 3.1(a).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-28 - Hazardous Materials Emergency Response Fund.

§ 166A-28. Hazardous Materials Emergency Response Fund.
There is established in the Department of Public Safety a fund for those monies collected pursuant to G.S. 166A-27. The Fund is also authorized to accept any gift, grant, or donation of money or property to facilitate the establishment and operation of the regional response system. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 2 - Hazardous Materials Emergency Response. › § 166A-29 - Emergency planning; charge.

§ 166A-29. Emergency planning; charge.
(a) Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear facility for the production of electricity shall pay to the Department of Public Safety an annual fee of at least thirty thousand dollars ($30,000) for each fixed nuclear facility which is located within this State or has a Plume Exposure Pathway Emergency Planning Zone of which any part is located within this State. This fee is to be applied to the costs of planning and implementing emergency response activities as are required by the Federal Emergency Management Agency for the operation of nuclear facilities. Said fee is to be paid on a schedule set by the Department of Public Safety. This minimum fee may be increased from time to time as the costs of such planning and implementation increase. Such increases shall be by agreement between the State and the licensees or operators of the fixed nuclear facilities.
(b) Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear facility for the production of electricity shall pay to the Department of Public Safety, for the use of the Radiation Protection Section of the Division of Health Service Regulation of the Department of Health and Human Services, an annual fee of at least thirty-six thousand dollars ($36,000), not to exceed the cost of the service provided, for each fixed nuclear facility that is located within this State or that has a Plume Exposure Pathway Emergency Planning Zone any part of which is located within this State. This fee shall be applied only to the costs of planning and implementing emergency response activities as required by the Federal Emergency Management Agency for the operation of nuclear facilities. This fee is to be paid on a schedule set by the Department of Public Safety.
(c) The fees imposed by this section do not revert at the end of a fiscal year. The amount of fees carried forward from one fiscal year to the next shall be taken into consideration in determining the fee to be assessed each fixed nuclear facility under subsection (a) in that fiscal year. (1981, c. 1128, ss. 1, 2; 1983, c. 622, ss. 1-3; 1989, c. 727, s. 219(42); 1989 (Reg. Sess., 1990), c. 964, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 18; 1997-443, s. 11A.123; 2000-109, s. 6; 2002-70, s. 5; 2011-145, ss. 13.3(ooo), 19.1(g); 2012-12, s. 1(a); 2020-83, s. 11.1(a).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 3 - Disaster Service Volunteer Leave Act. › § 166A-31 - Definitions.

§ 166A-31. Definitions.
As used in this Article:
(1) "Certified disaster service volunteer" means a person who has completed the necessary training for and been certified as a disaster service specialist by the American National Red Cross.
(2) "Disaster" means a disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures.
(3) "State agency" means and includes all departments, institutions, commissions, committees, boards, divisions, bureaus, officers, and officials of the State, including those within the legislative and judicial branches of State government. (1993, c. 13, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 3 - Disaster Service Volunteer Leave Act. › § 166A-32 - Disaster service volunteer leave.

§ 166A-32. Disaster service volunteer leave.
An employee of a State agency who is a disaster service volunteer of the American Red Cross may be granted leave from his work with pay for a time not to exceed 15 work days in any 12-month period to participate in specialized disaster relief services for the American Red Cross. To be granted leave, the request for the services of that employee must come from the American Red Cross. The decision to grant the employee leave rests in the sole discretion of the employing State agency based on the work needs of that agency. Employees granted leave pursuant to this Article shall not lose seniority, pay, vacation time, sick time, or earned overtime accumulation. The State agency shall compensate an employee granted leave under this Article at the regular rate of pay for those regular work hours during which the employee is absent from his work. Leave under this Article shall be granted only for services related to a disaster occurring within the United States.
The State of North Carolina shall not be liable for workers compensation claims arising from accident or injury while the State employee is on assignment as a disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. The employee is granted leave based on the need for the employee's area of expertise. Job functions although similar or related are performed on behalf of and for the benefit of the American Red Cross. (1993, c. 13, s. 1; 2001-508, s. 6.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-40 - Title of Article; entering into Compact.

§ 166A-40. Title of Article; entering into Compact.
(a) This Article may be cited as the Emergency Management Assistance Compact.
(b) The Emergency Management Assistance Compact, hereinafter "Compact", is hereby enacted into law and entered into by this State with all other states legally joining therein, in the form substantially as set forth in this Article. This Compact is made and entered into by and between the party states which enact this Compact. For the purposes of this Article, the term "states" means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions and the term "party states" means the participating member states which enact and enter into this Compact. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-41 - Purposes and authorities.

§ 166A-41. Purposes and authorities.
(a) The purpose of this Compact is to provide for mutual assistance between the party states in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
(b) This Compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this Compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. (1997-152, s. 1; 2009-281, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-42 - General implementation.

§ 166A-42. General implementation.
(a) Each party state recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this Compact. Each party state further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to respond to emergencies effectively and promptly. This is because few, if any, individual states have all the resources that they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
(b) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this Compact shall be understood.
(c) On behalf of the governor of each party state, the legally designated state official who is assigned responsibility for emergency management shall be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this Compact. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-44 - Limitations.

§ 166A-44. Limitations.
(a) Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this Compact in accordance with the terms hereof; provided that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
(b) Each party state shall afford to the emergency forces of any party state while operating within its state limits under the terms and conditions of this Compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state or states, whichever is longer. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-45 - Licenses and permits.

§ 166A-45. Licenses and permits.
Whenever any person holds a license, certificate, or other permit issued by any party state evidencing the meeting of qualifications for professional, mechanical, or other skills, and when assistance is requested by the receiving party state, the person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving skill to meet a declared emergency or disaster, subject to any limitations and conditions the governor of the requesting state may prescribe by executive order or otherwise. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-46 - Liability.

§ 166A-46. Liability.
Officers or employees of a party state rendering aid in another state pursuant to this Compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this Compact shall be liable for any act or omission occurring as a result of a good faith attempt to render aid or as a result of the use of any equipment or supplies used in connection with an attempt to render aid. For the purposes of this Article, "good faith" does not include willful misconduct, gross negligence, or recklessness. (1997-152, s. 1; 2007-484, s. 24.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-47 - Supplementary agreements.

§ 166A-47. Supplementary agreements.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-48 - Compensation.

§ 166A-48. Compensation.
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of the forces in case the members sustain injuries or are killed while rendering aid pursuant to this Compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-49 - Reimbursement.

§ 166A-49. Reimbursement.
Any party state rendering aid in another state pursuant to this Compact shall be reimbursed by the party state receiving the aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with the requests; provided, that any aiding party state may assume in whole or in part the loss, damage, expense, or other cost, or may loan the equipment or donate the services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-50 - Evacuation.

§ 166A-50. Evacuation.
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant shall be worked out and maintained between the party states and the emergency management or services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting the evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of the evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. The expenditures shall be reimbursed as agreed by the party state from which the evacuees come and that party state shall assume the responsibility for the ultimate support of repatriation of the evacuees. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-51 - Effective date.

§ 166A-51. Effective date.
(a) This Compact shall become operative immediately upon its enactment into law by any two states; thereafter, this Compact shall become effective as to any other state upon its enactment by the state.
(b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. The action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this Compact and of any supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the federal government. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-52 - Validity.

§ 166A-52. Validity.
If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances shall not be affected thereby. (1997-152, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 4 - Emergency Management Assistance Compact. › § 166A-53 - Additional provisions.

§ 166A-53. Additional provisions.
Nothing in this Compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under section 1385 of Title 18, United States Code. (1997-152, s. 1; 2009-281, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 5 - Emergency Management Certification Program. › § 166A-60 - Emergency Management Certification Program authority; purpose.

§ 166A-60. Emergency Management Certification Program authority; purpose.
The Division of Emergency Management in the Department of Public Safety shall establish, as a voluntary program, an Emergency Management Certification Program as provided for in this Article. The purpose of the Program is to strengthen and enhance the professional competencies of emergency management personnel in State and local emergency management agencies. (2009-192, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 5 - Emergency Management Certification Program. › § 166A-61 - Program standards and guidelines.

§ 166A-61. Program standards and guidelines.
(a) The Division shall establish standards and guidelines for administration of the Program.
(b) In developing the Program, the Division may consult and cooperate with political subdivisions, agencies of the State, other governmental agencies, universities, colleges, community colleges, and other institutions, public or private, concerning the development of the Program and a systematic career development plan, including conducting and stimulating research by public and private agencies designed to improve education and training in the administration of emergency management.
(c) The Division shall study and make reports and recommendations to the Secretary of Public Safety and other appropriate agencies and officials concerning compliance with federal guidance, training, educational, technical assistance needs, and equipment needs of State and local emergency management agencies. (2009-192, s. 2; 2011-145, s. 19.1(g); 2023-92, s. 9.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 5 - Emergency Management Certification Program. › § 166A-62 - Emergency Management Training and Standards Advisory Board.

§ 166A-62. Emergency Management Training and Standards Advisory Board.
(a) The Secretary of Public Safety shall establish and appoint the Emergency Management Training and Standards Advisory Board to provide oversight of training and certification programs established pursuant to this Article.
(b) The composition of the Board shall include emergency management subject matter experts representative of the State, its political subdivisions, and private industry.
(c) The duties of the Board shall include:
(1) Oversight of the Emergency Management Certification Program.
(2) Review of applications for certification.
(3) Issuance of certifications at least semiannually.
(d) The Board shall meet at least semiannually and at other times at the discretion of the Secretary. (2009-192, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 5 - Emergency Management Certification Program. › § 166A-63 - Issuance of certification; reciprocity; renewal.

§ 166A-63. Issuance of certification; reciprocity; renewal.
(a) The Emergency Management Training and Standards Advisory Board shall issue documentation of certification, in a form and manner prescribed by the Division, to each applicant within North Carolina demonstrating successful completion of the requirements for the level of certification sought by the applicant.
(b) The Board may issue documentation of certification to any person in another state or territory if the person's qualifications were, at the date of registration or certification, substantially equivalent to the requirements established pursuant to this Article.
(c) Every person certified pursuant to this Article who desires to maintain certification shall apply for renewal of certification within five years of the date of original certification or certification renewal.
(d) Renewal of Type I (advanced) certification is subject to completion of at least 24 hours of continuing education requirements as established by the Board.
(e) A certification that is not renewed in accordance with this section automatically expires. The Board may approve reinstatement of an expired certification upon good cause shown by the applicant.
(f) Certifications that have been expired for more than five years shall not be reinstated. (2009-192, s. 2.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 6 - North Carolina Search and Rescue. › § 166A-65 - Definitions.

§ 166A-65. Definitions.
The following definitions apply in this Article:
(1) Contract response team. – A search and rescue team, specialty rescue team, or incident support team.
(2) Incident support team. – A team of trained emergency response personnel, organized to provide coordination between governmental agencies and nongovernmental organizations as well as technical and logistical support to search and rescue teams and specialty rescue teams.
(2a) Search and rescue team. – A specialized team or group of teams, organized with capabilities equivalent to search and rescue teams established under the Federal Emergency Management Agency in order to assist in the removal of trapped victims during emergencies, including, but not limited to, collapsed structures, trench excavations, elevated locations, and other technical rescue situations.
(3) Secretary. – The Secretary of the Department of Public Safety.
(4) Specialty rescue team. – A specialized response team, organized to provide technical rescue assistance to first responders. The term includes, but is not limited to, a canine search and rescue or disaster response team, a cave search and rescue team, a collapse search and rescue team, a mine and tunnel search and rescue team, and a swift water or flood search and rescue team. A specialty rescue team shall be aligned with one or more of the search and rescue categories within the Federal Emergency Management Agency's national resource typing system.
(5) Repealed by Session Laws 2017-57, s. 16E.2, effective July 1, 2017. (2014-27, s. 4; 2017-57, s. 16E.2; 2017-170, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 6 - North Carolina Search and Rescue. › § 166A-66 - North Carolina Search and Rescue Program.

§ 166A-66. North Carolina Search and Rescue Program.
(a) The Secretary shall adopt rules establishing a program for search and rescue that relies on contracts, memorandums of understanding, and memorandums of agreement with contract response teams. The program shall be administered by the Division of Emergency Management. To the extent possible, the program shall be coordinated with other emergency planning activities of the State. The program shall include contract response teams located strategically across the State that are available to provide 24-hour dispatch from the Division of Emergency Management Operations Center. The rules for the program shall include:
(1) Standards, including training, equipment, and personnel standards required to operate a contract response team.
(2) Guidelines for the dispatch of a contract response team to a search and rescue team or specialty rescue team mission.
(3) Guidelines for the on-site operations of a contract response team.
(4) Standards for administration of a contract response team, including procedures for reimbursement of response costs.
(5) Refresher and specialist training for members of contract response teams.
(6) Procedures for recovering the costs of a search and rescue team or specialty rescue team mission.
(7) Procedures for bidding and contracting for search and rescue team and specialty rescue team missions.
(8) Criteria for evaluating bids for search and rescue team and specialty rescue team missions.
(9) Delineation of the roles of the contract response team, local public safety personnel, the Division of Emergency Management's area coordinator, and other State agency personnel participating in a search and rescue team or specialty rescue team mission.
(10) Procedures for the Division of Emergency Management to audit the contract response teams to ensure compliance with State and federal guidelines.
(b) Within available appropriations, the Division of Emergency Management shall spend the necessary funds for training, equipment, and other items necessary to support the operations of contract response teams. The Division of Emergency Management may also administer any grants of other funds made available for contract response teams, in accordance with applicable rules and regulations approved by the Director of the State Budget.
(c) In developing the North Carolina Search and Rescue Program and adopting the rules required by this section, the Secretary shall consult with the North Carolina Search and Rescue Team Advisory Committee established pursuant to G.S. 166A-69. (2014-27, s. 4; 2017-57, s. 16E.2; 2017-170, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 6 - North Carolina Search and Rescue. › § 166A-67 - Contracts; equipment loans.

§ 166A-67. Contracts; equipment loans.
(a) The Secretary may contract with any unit or units of local government for the provision of a contract response team to implement the North Carolina Search and Rescue Program. Contracts are to be let consistent with the bidding and contract standards and procedures adopted pursuant to G.S. 166A-66(a)(7) and G.S. 166A-66(a)(8). In entering into contracts with units of local government, the Secretary may agree to provide any of the following:
(1) A loan of equipment.
(2) Reimbursement of personnel costs, including the cost of callback personnel, when a contract response team is authorized by the Department to respond to search and rescue team and specialty rescue team missions.
(3) Reimbursement for use of equipment and vehicles owned by the contract response team.
(4) Replacement of disposable materials and damaged equipment.
(5) Training expenses.
(6) Anything else agreed to by the Secretary and the contract response team.
(b) The Secretary shall not agree to provide reimbursement for standby time.
(c) Any contract entered into between the Secretary and a unit of local government for the provision of a contract response team shall specify that the members of the contract response team, when performing under the contract, shall not be employees of the State and shall not be entitled to benefits under the Teachers' and State Employees' Retirement System or for the payment by the State of federal Social Security, employment insurance, or workers' compensation.
(d) Contract response teams that have the use of a State vehicle may use the vehicle for local purposes. Where a State vehicle is used for purposes other than authorized contract response to a search and rescue team and specialty rescue team mission, the contract response team shall be liable for repairs or replacements directly attributable to that use. (2014-27, s. 4; 2017-57, s. 16E.2; 2017-170, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 6 - North Carolina Search and Rescue. › § 166A-68 - Immunity of contract response team personnel.

§ 166A-68. Immunity of contract response team personnel.
Members of a contract response team shall be protected from liability under the provisions of G.S. 166A-19.60(a) while on a search and rescue team or specialty rescue team mission pursuant to authorization from the Division of Emergency Management. (2014-27, s. 4; 2017-57, s. 16E.2; 2017-170, s. 1.)
2023 North Carolina General Statutes › Chapter 166A - North Carolina Emergency Management Act › Article 6 - North Carolina Search and Rescue. › § 166A-69 - North Carolina Search and Rescue Team Advisory Committee.

§ 166A-69. North Carolina Search and Rescue Team Advisory Committee.
(a) The North Carolina Search and Rescue Team Advisory Committee is created. The Secretary shall appoint the members of the Committee and shall designate the Director of the North Carolina Division of Emergency Management or the Director's designee as the chair. In making appointments, the Secretary shall take into consideration the expertise of the appointees in the management of search and rescue or specialty response team missions. The Secretary shall appoint one representative from each of the following:
(1) The Division of North Carolina Emergency Management, who shall be the Director of the North Carolina Division of Emergency Management or the Director's designee and who shall serve as the chair.
(2) Each state regional contract response team's Chief or Deputy Chief.
(3) The North Carolina Office of State Fire Marshal.
(4) The North Carolina Highway Patrol.
(5) The North Carolina National Guard.
(6) The North Carolina Association of Rescue and E.M.S., Inc.
(7) The North Carolina Association of Fire Chiefs.
(8) The North Carolina State Firefighters' Association.
(9) The North Carolina Emergency Management Association.
(10) A program representative from each of the following specialty rescue programs:
a. Helicopter rescue.
b. Swiftwater rescue.
c. Mountain rescue.
d. Wilderness search and rescue.
(b) The Advisory Committee shall meet on the call of the chair, or at the request of the Secretary, provided that the Committee shall meet no less than once every year. The Department of Public Safety shall provide space for the Advisory Committee to meet. The Department shall also provide the Advisory Committee with necessary support staff and supplies to enable the Committee to carry out its duties in an effective manner.
(c) Members of the Advisory Committee shall serve without pay, but shall receive travel allowance, lodging, subsistence, and per diem as provided by G.S. 138-5.
(d) The Contract Response Team Advisory Committee shall advise the Secretary on the establishment of the North Carolina Search and Rescue Program. The Committee shall also evaluate and advise the Secretary of the need for additional contract response teams to serve the State. (2014-27, s. 4; 2016-51, s. 6; 2017-57, s. 16E.2; 2017-170, s. 1; 2023-92, s. 6.)
2023 North Carolina General Statutes › Chapter 168 - Persons with Disabilities › Article 1 - Rights. › § 168-1 - Purpose and definition.

§ 168-1. Purpose and definition.
The State shall encourage and enable persons with disabilities to participate fully in the social and economic life of the State and to engage in remunerative employment. For purposes of this Article, the term "person with a disability" shall have the same meaning as set forth in G.S. 168A-3(7a). (1973, c. 493, s. 1; 2000-121, s. 33; 2005-450, s. 1.)
2023 North Carolina General Statutes › Chapter 168 - Persons with Disabilities › Article 1 - Rights. › § 168-2 - Right of access to and use of public places.

§ 168-2. Right of access to and use of public places.
Persons with disabilities have the same right as persons without disabilities to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and all other buildings and facilities, both publicly and privately owned, which serve the public. (1973, c. 493, s. 1; 1991, c. 672, s. 4; c. 726, s. 23; 1991 (Reg. Sess., 1992), c. 959, s. 84; 1997-443, s. 11A.118(a); 2004-203, s. 61; 2005-450, s. 1; 2015-241, s. 12F.17; 2015-264, s. 87(a), (b).)
2023 North Carolina General Statutes › Chapter 168 - Persons with Disabilities › Article 1 - Rights. › § 168-3 - Right to use of public conveyances, accommodations, etc.

§ 168-3. Right to use of public conveyances, accommodations, etc.
Persons with disabilities are entitled to accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation; hotels, lodging places, places of public accommodation, amusement or resort to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (1973, c. 493, s. 1; 2005-450, s. 1.)
2023 North Carolina General Statutes › Chapter 168 - Persons with Disabilities › Article 1 - Rights. › § 168-4.2 - May be accompanied by service animal.

§ 168-4.2. May be accompanied by service animal.
(a) Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3, and has the right to keep the service animal on any premises the person leases, rents, or uses. The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3, stamped "NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION" and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3.
(b) An animal in training to become a service animal may be taken into any of the places listed in G.S. 168-3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training. The trainer shall be liable for any damage caused by the animal while using a public conveyance or on the premises of a public facility or other place listed in G.S. 168-3. (1985, c. 514, s. 1; 1987, c. 401, s. 1; 1995, c. 276, s. 1; 1997-443, s. 11A.118(a); 2004-203, s. 62(a); 2005-450, s. 1.)
2023 North Carolina General Statutes › Chapter 168 - Persons with Disabilities › Article 1 - Rights. › § 168-4.3 - Training and registration of service animal.

§ 168-4.3. Training and registration of service animal.
The Department of Health and Human Services, shall adopt rules for the registration of service animals and shall issue registrations to a person with a disability who makes application for registration of an animal that serves as a service animal or to a person who is training an animal as a service animal.
The rules adopted regarding registration shall require that the animal be trained or be in training as a service animal. The rules shall provide that the certification and registration need not be renewed while the animal is serving or training with the person applying for the registration. No fee may be charged the person for the application, registration, tag, or replacement in the event the original is lost. The Department of Health and Human Services may, by rule, issue a certification or accept the certification issued by the appropriate training facilities. (1985, c. 514, s. 1; 1987, c. 401, s. 2; 1997-443, s. 11A.118(a); 2004-203, s. 62(b); 2005-450, s. 1.)