2005 North Carolina Code - General Statutes § 74F-16. Exemptions.

§ 74F‑16.  Exemptions.

The provisions of this Chapter do not apply to:

(1)       An employee of a licensed locksmith when acting under the control and supervision of the licensed locksmith.

(2)       A person working as an apprentice pursuant to G.S. 74F‑7.1.

(3)       A person or business required to be licensed or registered by the North Carolina Alarm Systems Licensing Board pursuant to Chapter 74D of the General Statutes, when acting within the scope and course of the alarm systems license or registration.

(4)       An employee of a towing service or an automotive repair business providing services in the normal course of its business, a repossessor, a taxi cab service, a motor vehicle dealer as defined in G.S. 20‑286(11), or a motor club as defined in G.S. 58‑69‑1 when opening automotive locks in the normal course of their duties, so long as the employee does not represent himself or herself as a locksmith.

(5)       A property owner, or the owner's employee, when providing locksmith services on the property owner's property, so long as the owner or employee does not represent himself or herself as a locksmith. For purposes of this section, "property" means, but is not limited to, a hotel, motel, apartment, condominium, commercial rental property, and residential rental property.

(6)       A merchant, or retail or hardware store, when it lawfully duplicates keys or installs, services, repairs, rebuilds, reprograms, rekeys, or maintains locks in the normal course of its business, so long as the merchant or store does not represent itself as a locksmith.

(7)       A member of a law enforcement agency, fire department, or other government agency who, when acting within the scope and course of the member's employment with the agency or department, opens locked doors to vehicles, homes, or businesses.

(8)       A salesperson while demonstrating the use of locksmith tools to persons licensed under this Chapter.

(9)       A general contractor licensed under Article 1 of Chapter 87 of the General Statutes when acting within the scope and course of the general contractor license, or an agent or subcontractor of a licensed general contractor when acting within the ordinary course of business.

(10)     A person or business when lawfully installing or maintaining a safety lock device on a wastewater system when the safety lock device is required by permit or requested by the owner of the wastewater system, provided the person or business does not represent itself as a locksmith. For purposes of this subdivision, "wastewater system" has the same meaning as in G.S. 130A‑334.

(11)     Any person or firm that sells gun safes or locking devices for firearms when acting within the scope and course of the sale of gun safes or locking devices for firearms.

(12)     A person while performing a locksmith service in an emergency situation without receiving any compensation for this service and who does not advertise those services. (2001‑369, s. 1; 2003‑350, ss. 9, 10, 10.1.)


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