§ 74F-16. Exemptions.

§ 74F‑16.  Exemptions.

The provisions of this Chapterdo not apply to:

(1)        An employee of alicensed locksmith when acting under the control and supervision of thelicensed locksmith.

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

(3)        A person or businessrequired to be licensed or registered by the North Carolina Alarm SystemsLicensing Board pursuant to Chapter 74D of the General Statutes, when actingwithin the scope and course of the alarm systems license or registration.

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

(5)        A property owner, orthe owner's employee, when providing locksmith services on the property owner'sproperty, so long as the owner or employee does not represent himself orherself 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, orretail or hardware store, when it lawfully duplicates keys or installs,services, repairs, rebuilds, reprograms, rekeys, or maintains locks in thenormal course of its business, so long as the merchant or store does notrepresent itself as a locksmith.

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

(8)        A salesperson whiledemonstrating the use of locksmith tools to persons licensed under thisChapter.

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

(10)      A person or businesswhen lawfully installing or maintaining a safety lock device on a wastewatersystem when the safety lock device is required by permit or requested by theowner of the wastewater system, provided the person or business does notrepresent 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 firmthat sells gun safes or locking devices for firearms when acting within thescope and course of the sale of gun safes or locking devices for firearms.

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