AN ACT TO PREVENT DELAY IN THE ISSUANCE OF TEMPORARY CERTIFICATES OF OCCUPANCY, TO CLARIFY ELECTRIC WIRING REQUIREMENT REFERENCES, AND TO MODIFY ONE- OR TWO-FAMILY DWELLING RESIDENTIAL DEVELOPMENT FIRE APPARATUS ACCESS ROAD REQUIREMENTS. SL 2021-183. Enacted Nov. 23, 2021. Effective Nov. 23, 2021, except as otherwise provided.
Bill Summaries: all (2021)
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Bill S 308 (2021-2022)Summary date: Nov 24 2021 - View summary
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Bill S 308 (2021-2022)Summary date: Nov 4 2021 - View summary
Conference report to the 4th edition makes the following changes.
Deletes the changes to GS 160A-344, regarding city authority to assume control of abandoned cemeteries, which proposed to add a new subsection to address cemeteries located outside of any city limits and wholly within a county.
Makes conforming changes to the act's long title.
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Bill S 308 (2021-2022)Summary date: Oct 20 2021 - View summary
House committee substitute to the 3rd edition makes the following changes.
Makes technical changes to reflect amendments made to GS 160D-1104(d) by SL 2021-117 and SL 2021-121, concerning local government inspections for compliance with the NC Residential Code for One- and Two-Family Dwellings and the NC Building Code. Maintains the substance of the previously proposed changes to the statute, prohibiting a delay in the issuance of a temporary certificate of occupancy in instances when a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, and additional violations of the Code noted by the inspector on items that were already approved by the inspections department. Previously proposed language prohibiting charging a fee for the reinspection of those items was codified by SL 2021-121. Makes technical changes.
Adds the following new content.
Amends GS 143-143.2, which requires electric wiring of houses or buildings to comply with the State Building Code. Eliminates the explicit inclusion of the National Electric Code and any amendments and supplements thereto as adopted and approved by the State Building Code Council (Council) from the requirements of the State Building Code as referenced in the statute. Makes technical changes.
Requires the Council to implement Sections D107 and D107.2 of the 2018 NC Fire Code and other provisions related to fire apparatus access roads for one- and two-family dwelling residential developments as follows. Directs the Council, Code enforcement officials, and fire code officials to not require that fire apparatus access roads be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses, where conformance is technically infeasible, including instances of road connectivity limitations, real property dimensions or limitations, real property acquisition constraints, or environmental constraints, as determined by the property owner or developer. Requires the Council, Code enforcement officials, and fire code officials, for developments where compliance is technically infeasible, to either not require two fire apparatus access roads or allow for alterations that provide for fire apparatus road remoteness to the maximum extent technically feasible. Requires the Council to adopt amendments consistent with this directive, as specified.
Effective January 1, 2022, amends GS 160A-344, regarding city authority to assume control of abandoned cemeteries. Adds a new subsection to address cemeteries located outside of any city limits and wholly located within a county. Upon request from a verified descendant, authorizes the county to put the cemetery up for sale to all verified descendants in accordance with the county's excess property sale process within 30 days of the request, subject to three requirements, including that the cemetery area is less than one acre, there is historical significance, and the trustees or owners named in the deed(s) have died or are unknown, or the deeds have been lost or misplaced and no record of title has been found, and the property has been occupied and used for burial purposes for a time sufficient to identify its use as a cemetery property.
Makes conforming changes to the act's titles.
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Bill S 308 (2021-2022)Summary date: Apr 1 2021 - View summary
Senate amendment to the 2nd edition makes the following changes. Makes technical and clarifying changes to the proposed changes in GS 160D-1104 concerning local government inspections for compliance with the NC Residential Code for One- and Two-Family Dwellings and the NC Building Code.
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Bill S 308 (2021-2022)Summary date: Mar 30 2021 - View summary
Senate committee substitute to the 1st edition makes the following changes. Removes the proposed language in GS 160D-1104 concerning local government inspections for compliance with the NC Residential Code for One- and Two-Family Dwellings and the NC Building Code (Codes). Instead, adds a new provision to provide that when a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, any additional violations of the Code that the inspector notes on items that were already approved by the inspections department will not delay the issuance of a temporary certificate of occupancy. Prohibits charging a fee for the reinspection of those items. Maintains the January 1, 2022, effective date.
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Bill S 308 (2021-2022)Summary date: Mar 16 2021 - View summary
Amends GS 160D-1104 concerning local government inspections for compliance with the NC Residential Code for One- and Two-Family Dwellings and the NC Building Code (Codes). Adds a new provision to prohibit the inspection department from charging an additional fee when a subsequent inspection to verify completion or correction of instances of Code noncompliance finds additional violations of either Codes that are outside the scope of the subsequent inspection and fall within an area or aspect of work for which a final inspection has already been conducted. Additionally prohibits delaying issuance of a temporary certificate of compliance pending completion of additional inspections to verify completion or correction of the additional violations. Specifies that the provisions do not prevent the local government from requiring suitable security to ensure code compliance pursuant to GS 160D-1116. Applies to inspections associated with permits applied for on or after January 1, 2022.