Critical ERRCS Law Changes in North Carolina: What Building Owners & GCs Must Know

Important Legal Update – Please Read Carefully

Governor Josh Stein signed House Bill 768 into law on July 2, 2025, creating broad exemptions from Emergency Responder Communication Coverage System (ERRCS) requirements in North Carolina.

As North Carolina ERRCS experts, Lexico has serious concerns about these exemptions and their potential impact on public safety. However, we recognize our responsibility to keep our customers informed about current laws. This update provides essential information about what has changed and what you need to know to remain compliant.

⚠️ Our Professional Assessment

While we must inform you of these legal changes, Lexico strongly believes these exemptions represent a dangerous step backward for public safety in North Carolina. The existing Section 510 of the Fire Code already included robust testing requirements to ensure ERRCS systems were only required where emergency responder radio signals were demonstrably insufficient. This new law creates blanket exemptions based solely on building type—a reckless assumption that could cost lives.

1. R-2 Apartment Buildings

Type V construction apartment buildings that meet egress requirements are now exempt from ERRCS requirements.

Our Concern: While building construction type has some correlation with radio signal penetration, factors like location, surrounding structures, building materials, and distance from cell towers also determine signal strength.

2. Low-Rise Lodging with Direct Exterior Access

Buildings no more than two stories with direct exterior egress from each unit are exempt.

Our Concern: Even two-story buildings can have severe signal degradation, especially in rural areas or buildings with metal roofing or siding, energy-efficient windows, or foil-backed insulation. Exterior access doesn’t guarantee radio coverage inside units where victims may be trapped.

⚠️ Critical Safety Consideration

These exemptions assume that building type alone determines radio signal coverage. This is fundamentally flawed. We’ve tested dozens of buildings matching these exempt categories that failed to meet minimum signal requirements for emergency responder communications. Lives depend on reliable in-building communication during emergencies.

While North Carolina is rolling back ERRCS requirements, other states are strengthening them after recognizing their life-saving capabilities. States like Florida, California, and Texas have expanded ERRCS requirements following tragic incidents where first responders couldn’t communicate effectively inside buildings. North Carolina is now moving in the opposite direction.

⚠️ Think Twice Before Disconnecting

We strongly advise against disconnecting existing ERRCS systems. You’ve already incurred the major costs (equipment and installation). The minimal ongoing maintenance costs are a small price for the safety these systems provide. Additionally:

• The signal deficiencies that required the system likely still exist
• Future laws may reinstate requirements, forcing costly reinstallation
• Liability concerns if an emergency occurs after voluntary disconnection

The Real Cost Analysis

• One-time installation: Yes, $50,000-$500,000 is significant
• Annual maintenance: Only $2,500-$15,000 (less than many other building systems)
• Cost per life saved: Immeasurable
• Liability exposure: Potentially millions if responders can’t communicate during an emergency

For existing systems: You’ve already paid 90% of lifetime costs. Disconnecting saves minimal money while eliminating critical safety infrastructure.

A Message from Lexico’s Technical Team

“In our 15+ years of in-building wireless signal testing and system installation, we’ve never found a ‘building type’ that universally has adequate signal coverage. We’ve tested identical buildings just blocks apart with drastically different signal levels. This law ignores the science of radio frequency propagation and puts first responders and building occupants at unnecessary risk. While we must inform you of your legal options, we cannot in good conscience recommend removing life safety equipment that’s already installed and operational.”

Legal Timeline (Though We Hope for Reconsideration):

• July 2, 2025: Exemptions take effect immediately
• Current: NC Building Code Council developing permanent rules
• Unknown: When permanent rules will be adopted
• Possible: Future legislation may reverse these dangerous exemptions

Need Expert Guidance?

While we disagree with these exemptions, Lexico remains committed to helping our customers navigate the current legal landscape. Our team can provide:

• Honest assessments of your building’s actual signal coverage
• Help with disconnections
• Maintenance for existing systems you may choose to keep
• Compliance guidance for non-exempt buildings

Final Thoughts from Lexico

As North Carolina’s premier ERRCS experts, we have a duty to inform you of current laws—even when we strongly disagree with them. These exemptions prioritize short-term cost savings over long-term safety. We’ve seen firsthand how ERRCS systems save lives by ensuring first responders can communicate in critical moments.

Just because you can legally remove or avoid these systems doesn’t mean you should. We encourage all building owners to consider the safety of their occupants and our first responders above potential cost savings.