Amends GS 58-31-13 to require the Commissioner of Insurance (Commissioner) to notify the proper State agency regarding the Commissioner's determination that an undue hazard to life, safety, or property due to a defect, condition or use of a building owned by the State (was, limited to a condition or use of the building), in addition to advising the agency on how to limit or prohibit the use of the building until the hazard is abated. Adds new authority for the Commissioner to restrain, correct, or abate such described violation or prevent the occupancy or use of the building, structure, or land until such described violation is corrected.
Amends GS 58-31-40, regarding the Commissioner's duty to conduct fire safety inspections of every State property, to now require the Commissioner to provide written notification to the agency or official in charge of the property pursuant to the procedures of GS 143-139(e1) (previously did not specify the manner) of any defect, condition, or change of use (was, defect only) noted by the Commissioner or any improvement considered by the Commissioner to be necessary, with a copy of the notice forwarded to the Department of Administration. Adds new authority for the Commissioner to restrain, correct, or abate the violation or prevent the occupancy or use of the building, structure, or land until the violation is corrected upon determining an imminent undue hazard to life, safety, or property due to a defect, condition, or the use of a building owned by the State. Adds a new duty of the Commissioner to supervise and inspect all work done and materials used in the construction or renovation of all State buildings, including all community college buildings, that pertains to the electrical systems and fire protection features and component of the construction or renovation. Directs the Commissioner to act as the appropriate official inspector or inspection department for the purposes of GS 143-143.2. Prohibits the State or any State agency from accepting work subject to this new supervisory authority of the Commissioner until the work has been approved by the Commissioner.
Amends GS 143-139 to distinguish the enforcement of the NC Building Code pertaining to fire protection from the general enforcement authority of the Code granted to the Department of Administration. Adds new subsection (e1), granting the Commissioner the general authority to supervise, administer, and enforce all sections of the Building Code pertaining to electrical and fire protection features and components during the construction or renovation of State property generally, and to inspect and approve construction pursuant to GS 58-31-40, except those sections for which enforcement is specifically allocated to other agencies in subsections (c), (d), and (e) of the statute. Establishes procedures for when the Commissioner notes a defect or condition or an improvement necessary to comply with the Code pertaining to electrical systems and fire protection of State property, including the Commissioner notifying the Department of Administration who must respond within 30 days of notice indicating that the defect, condition, or improvement has been addressed, completed, or intent exists to formulate a plan to address the defect or condition. When the defect or condition noted results in an imminent undue hazard to life, safety, or property, authorizes the Commissioner to (1) prevent the unlawful maintenance, erection, construction, reconstruction, or alteration of purpose, (2) restrain, correct, or abate the violation, or (3) prevent the occupancy or use of the building, structure, or land until the violation is corrected. Mandates buildings receive a Certificate of Occupancy from the Commissioner prior to occupancy, conditioned upon all required inspections having been completed and the work approved. Requires the Department of Administration to provide records of all inspections and approvals required by the Building Code to the Commissioner. Makes conforming changes.
Amends GS 143-340, adding to the Secretary of Administration's powers and duties with regard to the protection of all public building and grounds from fire, to require consultation and cooperation with the Commissioner with regard to fire protection features and components, and electrical installation means for building and properties owned by the State. Makes language gender neutral.
Amends GS 143-341(3), revising the Department of Administration's powers and duties with regard to architecture and engineering of State buildings, to require the Commissioner's approval of all work done in the construction or renovation of State buildings for purposes of electrical and fire protection features and components for buildings and properties owned by the State pursuant to new GS 143-139(e1), prior to acceptance by the State or any State agency. Makes technical changes.
Amends GS 143-345.11 to add GS 58-31-13 and GS 143-139(e1) to the statutory authorities of the Commissioner which are not abrogated by the Secretary of Administration's authority over State building plans.
Bill Summaries: H804 (2021)
Bill H 804 (2021-2022)Summary date: May 3 2021 - View summary