AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING BUILDING CODES, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON IMPLEMENTATION OF BUILDING CODE REGULATORY REFORM LEGISLATION. Enacted June 22, 2018. Effective October 1, 2018, except as otherwise provided.
Summary date: Jun 25 2018 - View summary
Summary date: Jun 12 2018 - View summary
Senate Committee Substitute makes the following changes to the 3rd ed.
Modifies the amendment to GS 160A-413.5(b) to clarify that city inspection departments are released from liabilities from claims arising out of construction of the building notwithstanding the issuance of a certificate of occupancy. Adds to new subsection (d) clarification that components and elements are not considered systems for purposes of the definitions under GS 160A-413.5.
Modifies the new GS 143-139.4(g) by requiring the Commissioner to provide an electronic copy of the inspection report not later than one business day after receipt of the report to any requestor who is not the permit holder. Adds a list of report recipients.
Adds to the Local Government Commission Secretary’s reporting requirements that the revised report shall be done in addition to and in conjunction with related reporting requirements provided for under GS 159-33.1.
Modifies the new GS 153A-352(g) and GS 160A-412(g) by reducing the number of violations that trigger reporting to the Department of Insurance from 20 to 15. Adds new sunset provision providing that new subsections (g) in both statutes expire October 1, 2019.
Adds new requirement that the Commissioner of Insurance verify and compile summaries of reports received from local government inspection departments and report to the General Assembly on or before December 31, 2019.
Summary date: May 31 2018 - View summary
House committee substitute makes the following changes to 2nd edition. Removes the term "fire inspection" from the lists of types of inspection to be performed by Code-enforcement officials provided in GS 143-139(b)(2), GS 143.139.4(k)(1), GS 153A-354(b), and GS 160A-414(b).
Removes the term "semiannual" from the reporting requirements to be revised by the Secretary of the Local Government Commission contained in Section 4.(a).
Section 4 now becomes effective June 30, 2019, instead of when the act becomes law. Adds new Section 4.5.(a), providing that if Senate Bill 99 (Appropriations Act of 2018), 2017-18 Regular Session, becomes law, then Senate Bill 99 is amended to add new Section 21.1.(c), which makes Section 21.1 concerning financial reports from local governments and changes to GS 159-33.1, effective June 30, 2019.
Summary date: May 30 2018 - View summary
House committee substitute makes the following changes to 1st edition. Amends GS 143-139(b) by deleting proposed (b2) concerning liability for negligence by a market place pool Code-enforcement official and moves it to new GS 143-139.4. Makes other conforming changes.
Amends GS Chapter 143, Article 9, adding new section GS 143-139.4, titled "Certain building inspections by State." Provides that when a permit holder has been informed by a local inspection department that any inspection has not been, or will not be, conducted within two business days after first requested, the permit holder may request in writing that the Commissioner assign personnel to conduct the inspection. The submission must be on a form adopted by the Commissioner, which must at a minimum contain the permit holder's name and contact information, a copy of the building permit for the building to be inspected, documentation of the date and time of the initial request to the local inspection department, and whether the local department failed to inspect within two days or notified the permit holder of its inability to inspect. Requires local inspection departments to maintain a record of each inspection request. Requires the Commissioner to verify, prior to assigning a Code-enforcement official, that the permit holder desires the inspection to be completed, that the local inspection department received an inspection request for the property, and that the inspector failed to conduct the inspection. Requires the Commissioner to notify the local inspection department that it is assigning a Code-enforcement official. In turn, prior to the inspection the local inspection department must provide the Commissioner with information regarding any outstanding building permits for that property and any previously conducted inspections on those outstanding building permits. The local inspector may also provide the Commissioner with information regarding other properties with outstanding building permits and inspections by the same permit holder or requestor. The Commissioner must provide a copy of any report produced by a Code-enforcement official to the local inspection department. The Commissioner will charge the permit holder a fee as set by the Commissioner under GS 58-2-40(1a). The fee is due to the Commissioner no later than 30 days after completion of the inspection. Any claim alleging negligence by the Code-enforcement official arising out of an inspection under this section will constitute a claim against the State and will be adjudicated according to the terms of GS Chapter 143, Article 31. A city or county, its inspection department, and its inspectors will be released from any liabilities and duties imposed under the General Statutes or Common Law from any claim arising out of any inspection performed pursuant to this section by Code-enforcement officials under this section, notwithstanding the city's or county's issuance of a certificate of occupancy. Defines inspection, local inspection department, and requestor as used in this statute.
Further amends GS 58-2-40 to allow the Commissioner to collect reimbursement for mileage costs incurred by Code-enforcement officials traveling to and from inspections at the rate established under GS 138-6.
Allows the Commissioner to charge a fee not to exceed $30 per hour for inspections requested under this section until the Commissioner adopts permanent rules. Forbids the Commissioner from including travel time in the hourly rate calculation for any temporary or permanent rule for Code-enforcement official fees.
Further amends GS 153A-352 and GS 160A-412(g) to clarify that if a specific building framing inspection as required by the North Carolina Residential Code for One-and Two-Family Dwellings results in 20 or more separate violations, the inspector must forward a copy of the inspection report to the Department of Insurance.
Summary date: May 16 2018 - View summary
Amends GS Chapter 160A to add new GS 160A-413.5 (Alternative inspection method for component or element). Recodifies GS 160A-412(c) as GS 160A-413.5(a); GS 160A-412(d) as GS 160A-413.5(b); and GS 160A-412(e) as GS 160A-413.5(c).
Amends GS 160A-413.5(a)(3) to require that the inspection certification required under this subdivision be provided by electronic or physical delivery and that its receipt be promptly acknowledged by the city through reciprocal means. Adds GS 160A-413.5(d) to define component and element as used in the statute.
Amends newly enacted GS 160A-413.5 with additional clarifying and conforming changes.
Adds new subsection GS 153A-352(b2), which provides that newly created GS 160A-413.5 will apply to counties, and that for purposes of GS 153A-352(b2), references in GS 160A-413.5 to “city” are deemed to refer to “county.”
Repeals GS 153A-352(c), GS 153A-352(d), and GS 153A-352(e) (containing identical language to GS 160A-413.5(a-c).
Section 1 becomes effective July 1, 2018.
Amends GS 143-151.12 (powers of the North Carolina Qualification Board) to add new subsection (9), granting the Board the power to establish within the Department of Insurance a marketplace pool of qualified Code-enforcement officials for the purposes of (a) assisting in the discharge of the Insurance Commissioner’s (the Commissioner) duty to supervise, administer, and enforce the North Carolina State Building Code when requested by the Commissioner and (b) assisting in Code enforcement when requested by local inspection departments.
Adds new GS 143-139(b)(2), requiring the Commissioner, through the Division of Engineering, to timely assign a Code-enforcement official from the marketplace pool established under GS 143-151.12(9)(a) to conduct any inspection required by the North Carolina State Building Code pertaining to plumbing, electrical systems, general building restrictions and regulations, heating and air conditioning, and fire protection, or the general construction of buildings when the Commissioner receives a written request from a permit holder with sufficient evidence that an inspection was requested of the local inspection department but that the inspection has not been, or will not be, conducted within two business days.
Adds new GS 143-139(b2) addressing liability. Requires that any claim alleging negligence by a marketplace pool Code-enforcement official arising out of the official’s duty to conduct an inspection assigned by the Commissioner will constitute a claim against North Carolina and must be brought under and adjudicated according to GS Chapter 143, Article 31 (governing tort claims against State agencies).
Amends GS 143-139(b) with clarifying changes.
Amends GS 58-2-40 to add new subdivision (1a), granting the Commissioner the power to fix and collect reasonable fees for services performed by Code-enforcement officials under GS 143-151.12(9)(a). The Commissioner has no power to fix or collect fees incurred by local inspection departments under GS 143-151.12(9)(b).
This section becomes effective August 1, 2018. The Commissioner must adopt temporary rules to implement this section. The Commissioner must also adopt permanent rules to implement this section no later than August 1, 2019.
Amends GS 153A-354 (concerning counties) and GS 160A-414 (concerning cities) to change title to “Financial support; fee collection, accounting, and use limitation.” Breaks existing law into subsections (a) and (c). Adds subsection (b) requiring that, when an inspection for which the permit holder has paid a fee for the county or city to perform is instead performed by a marketplace pool Code-enforcement official, the county or city must promptly return to the permit holder the fee collected for the inspection. This applies to inspections to plumbing, electrical systems, general building restrictions and regulations, heating and air conditioning, fire protection, and the general construction of buildings.
Directs the Secretary of the Local Government Commission, in consultation with the Department of Insurance, to revise the semiannual reporting requirements for units of local government under GS 159-33.1 to include information sufficient to track whether the fees collected by local inspection departments under GS 153A-354 and GS 160A-414 are used in accordance with those statutes, if the general fund of the local governments supplements the inspection department, and if the local inspection department is supplementing the general fund of the local government.
This section is effective when it becomes law.
Adds new GS 153A-353.1 titled “Mutual aid contracts.” Provides that the provisions of GS 160A-413.6 apply to counties. For purposes of this section, references to “city” in GS 160-413.6 are deemed to refer to county.
Adds new GS 160A-413.6 titled “mutual aid contracts.” Provides that (a) any two or more cities may enter into contracts with each other to provide mutual aid in the administration and enforcement of laws pertaining to the North Carolina State Building Code. Such contracts may include provisions for the scope of aid provided, reimbursement or indemnification for loss incurred by giving aid, delegating authority to a designated official to manage requesting and receiving requests for aid, and any other provisions. Provides that (b) unless contracted for otherwise, a Code-enforcement official working with a requesting city will have the same jurisdiction, powers, privileges and immunities as the Code-enforcement official of the requesting agency. Provides that (c) nothing in this section deprives a party to a mutual aid contract under this section of its discretion to decline to provide aid when requested, regardless of the obligations of the mutual aid contract. Parties to a mutual aid contract and its employees will not be civilly or criminally liable for declining to send aid regardless of the terms of the contract.
Section 5 is effective July 1, 2018.
Amends GS 153A-352 to add subsection (g), requiring that if a specific building framing inspection as required by the North Carolina Building Code results in 20 or more separate violations, the inspector must forward a copy of the inspection report to the Department of Insurance.
Makes technical change to GS 153A-352(b1).
Amends GS 160A-412 to add subsection (g), requiring that if a specific building framing inspection as required by the North Carolina Building Code results in 20 or more separate violations, the inspector must forward a copy of the inspection report to the Department of Insurance.
Makes technical change to GS 160A-412(b1).
Section 6 is effective July 1, 2018.
Amends GS 143-151.14 to break existing law into subsections (a) and (d). Changes new subsection (a) to require that a Code-enforcement official seeking comity must also be in good standing in the other state, district, or territory where the official is certified. Add new subsection (b) allowing the Board to grant comity to a Code-enforcement official who is certified by and in good standing with the International Code Council where standards and examination are acceptable to the Board and not lower than those required by the State. Adds new subsection (c) requiring that the certificates granted under subsections (a) and (b) must expire after three years, unless the certificate holder completes a short course, as prescribed by the board, relating to the State Building Code regulations, prior to the expiration of the certificate.
Makes clarifying changes to GS 143-151.14.
Amends GS 143-151.13A to halve the number of hours of professional development courses required for professionals to reactivate a standard or limited certificate. Currently the law requires 12 hours for officials who were inactive for over two years and were not continuously employed in that capacity, six hours for officials who were inactive for more than two years and were continuously employed, and four hours for officials who were inactive for less than two years. The amendment reduces these requirements to six, three, and two hours, respectively.
Amends GS 143-151.8(c) to add new subsection (7), defining willful misconduct, gross negligence, or gross incompetence to include enforcement of a Code official’s preference in the method or manner of installation of heating ventilation and air-conditioning units, appliances, or equipment that is not required by the State Building Code and is in contradiction of a manufacturer’s installation instructions or specifications.
Except as provided otherwise, this act becomes effective October 1. 2018.