2024 BLDG. CODE REGULATORY REFORM. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 166 (Public) Filed Monday, February 27, 2023
AN ACT TO AMEND VARIOUS DEVELOPMENT REGULATIONS; TO AMEND VARIOUS NORTH CAROLINA STATE BUILDING CODES; TO AMEND VARIOUS CONSTRUCTION CONTRACTORS AND DESIGN PROFESSIONALS REGULATIONS; TO AMEND VARIOUS ENVIRONMENT AND ENVIRONMENTAL HEALTH REGULATIONS; AND TO REORGANIZE THE BUILDING CODE COUNCIL.
Intro. by Krawiec, Jarvis, Lowe.

Status: Placed On Cal For 06/24/2024 (Senate action) (Jun 20 2024)

SOG comments (3):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO REQUIRE A PUBLIC ENTERPRISE TO COVER A CUSTOMER'S COSTS TO COMPLY WITH RULES ADOPTED AFTER THE CUSTOMER'S CONNECTION TO THE SYSTEM.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PROHIBIT PUBLIC WATER SYSTEMS FROM REQUIRING INSTALLATION OF BACKFLOW PREVENTERS NOT OTHERWISE REQUIRED BY STATE OR FEDERAL LAW, EXCEPT IN CERTAIN CIRCUMSTANCES.

Long title change

House committee substitute to the 3rd edition changed the long title. Previous title was AN ACT TO AMEND VARIOUS DEVELOPMENT REGULATIONS; AMEND VARIOUS NORTH CAROLINA STATE BUILDING CODES; AMEND VARIOUS CONSTRUCTION CONTRACTORS AND DESIGN PROFESSIONALS REGULATIONS; AMEND VARIOUS ENVIRONMENT AND ENVIRONMENTAL HEALTH REGULATIONS; REORGANIZE THE BUILDING CODE COUNCIL; AND REMOVE ETJ WITHIN THE COUNTY OF MOORE.

Bill History:

S 166

Bill Summaries:

  • Summary date: May 8 2024 - View Summary

    House committee substitute to the 3rd edition makes the following changes.

    Section 1.1

    Modifies new GS 130A-330, pertaining to local authority to require backflow preventers, as follows. Clarifies that a local government public water system cannot require a customer to install a backflow preventer on an existing nonresidential or residential connection, including multifamily dwellings not otherwise required by law (currently, just can’t require installation except where installation is required by federal law). Modifies the exception to those instances where the degree of hazard is determined to be high (was, severe) only by the Department of Environmental Quality (currently, Department and the system). Defines high hazard and removes defined term severe hazard. Adds the NC Fire Code as one of the codes that the limitations above cannot be construed to prohibit installations of backflow preventers under the requirements of the code if one of the listed triggering events occurs. Adds change in use of the property served by the connection as another triggering event. Clarifies what types of retrofits or upfit/fit-up to plumbing or increases in water flow do not necessitate a backflow preventer.

    Provides for immunity to a public water system owned or operated by a local government unit, and its employees, including the Cross Connection Control Operator in Responsible Charge from civil liability in tort from any loss, damage, or injury arising out of or relating to the backflow of water into potable water supply systems where a backflow preventer is not required by State or federal law, or where the degree of hazard from the customer's connection is not determined to be high by the Department. Requires the Department to determine whether the degree of hazard is high when it is not required by State or federal law and to post notice of such determinations on its website. Allows public water systems owned or operated by a local government from requiring the installation of a backflow preventer if the system pays all costs, including the device, installation, and appropriate landscaping. Includes the Department’s determinations of high hazards as one of the defined rules in the APA.  

    Makes technical and organizational changes.

    Section 1.4

    Changes the deadline for a local government to perform its review of residential building plans (if it chooses to do so) under GS 160D-1110(b) from 15 days to 20 business days of submission of the plans. Makes technical changes.

    Section 1.5

    Amends the street lighting fixtures excluded from public safety issues under GS 160D-1110(h) to require that a developer submit an affidavit to a local government detailing why the site improvements are not complete, the expected date of completion and compliance, and a statement promising to complete the required site improvements if they have not completed all required site improvements at the time of issuance of a certificate of occupancy.  

    Section 1.9

    Removes amendments to GS 160D-804, pertaining to remote residential parking facilities.

    Section 1.11 (was, Section 1.12)

    Removes requirement in new GS 160D-1501 for a permit holder receiving a temporary certificate of occupancy for a model home to post signage indicating that those bathrooms do not work. Makes technical changes.

    Section 2.2

    Clarifies that as part of the act’s Fire Resistance for Exterior Wall Rule, that any separation of an exterior end wall of a townhouse building less than six feet must provide a minimum cumulative fire-resistance rating of two hours.  

    Section 3.5

    Removes provisions amending to GS 83A-7 (qualifications and examination requirements for architect licensure).

    Section 4.4

    Amends definition of private compliance inspector to remove local health department as one of the persons who would be private compliance inspector hired by the owner of a wastewater system under 90A-71. Specifies that the inspector must be hired to perform a compliance inspection (was, inspection).

    Amends GS 90A-72 (certification requirements), as follows. Prevents any person from conducting an evaluation or offer to conduct the services authorized in GS 130A-336.2(a) (was, Article 11 of GS Chapter 130A) without being certified as an Authorized On-Site Wastewater Evaluator. No person shall conduct or offer to conduct a private compliance inspection of an on-site wastewater system for compliance with the designs of a Construction Authorization issued pursuant to GS 130A-335(a5) (was, issued by local government) or a Notice of Intent to Construct issued pursuant to GS 130A-336.1 or GS 130A-336.2 unless certified as a Private Compliance Inspector or pursuant to GS 130A-337(a1). Requires the Private Compliance Inspector to obtain written consent from the professional engineer pursuant to GS 130A-336.1 or the Authorized On-Site Wastewater Evaluator pursuant to GS 130A-336.2 prior to conducting the compliance inspection.

    Amends the inspector certification application requirements under GS 90A-77 (certification requirements) to allow, in lieu of the experience required by the statute, for the applicant to instead complete the approved education requirements for the grade IV contractor certification. Amends five years of experience that a private inspector applicant is required to have to include experience in on-site wastewater matters as part of the experience.

    Changes the expiration date under GS 90A-78 for certifications issued under Article 5 of GS Chapter 90A from November 15 to December 31. Requires certified individuals to submit their renewal by November 15 each year.

    Sets an effective date for the changes implemented by Section 4.4 of January 1, 2025.

    Section 4.5

    Includes GS 130A-337(a1) as one of the statutory sections that GS 130A-337(a2) trumps. Makes conforming change to account for changes to GS 90A-72. Adds a requirement that the Private Compliance Inspector obtain written approval from the professional engineer or Authorized On-Site Wastewater Evaluator prior to conducting the compliance inspection as one of the criteria that must be met for an applicant to contract such an inspector. Removes two business day deadline for delivery of a completed compliance inspection form as part of the inspection form criteria that a Private Compliance Inspector must meet so that an applicant can contract with such an inspector. Includes professional engineers or Authorized On-Site Wastewater Evaluators, as applicable, as persons who the Private Compliance Inspector may need to deliver the form to.

    Specifies that the changes to GS 130A-337 are effective January 1, 2025.

    Section 4.9

    If Senate Bill 508, 2023 Regular Session becomes law makes the following changes:

    • Changes the required materials that an owner of a wastewater system must submit as part of the professional engineer’s report under GS 130A-336.1(l) (alternate process for wastewater approval) to include a signed document from the licensed soil scientist or licensed geologist releasing their soils report to be used in obtaining a permit. Provides for date-stamping of the professional engineer’s report by the local health department upon submission. Requires the local health department to notify the appropriate inspections department of the acceptance of the professional engineer’s report and a Certificate of Occupancy must be issued.
    • Removes the required fee provisions under GS 130A-336.2 as amended,(alternative wastewater system approvals for nonengineered systems) and provides for date-stamping of the Authorized On-Site Wastewater Evaluator’s report by the local health department upon submission. Requires the local health department to notify the appropriate inspections department of the acceptance of the report and a Certificate of Occupancy must be issued.
    • Amends GS 130A-336.1(o)/GS 130A-336.2, as amended (changes in system ownership), to specify that a Notice of Intent to Construct is not transferrable to a new owner without the written consent of the professional engineer (GS 130A-336.1) or the Authorized On-Site Wastewater Evaluator (GS 130A-336.2). Specifies that the wastewater systems’ Authorization to Operate will be transferred to a new owner. Makes conforming changes so that the statutes reflect the changes made by Senate Bill 508, 2023 Regular Session.

    Section 4.19

    Clarifies that as part of the act’s Licensed or Certified Professionals Rule, that prior to the issuance of an Improvement Plan or Construction Authorization, a signed and sealed consent form from the licensed soil scientist or licensed geologist required by the must be attached to the plans and specifications submitted to the local health department. 

    Section 4.27

    Makes technical changes to the Tank Leak Testing and Installation Requirements Rule.

    Section 4.30

    Clarifies that as part of the act’s Large Diameter Pipe Systems Rule, that the measurement to determine when fats, oils, and grease from a food service establishment exceed the limit of domestic strength effluent should be taken as it enters the dispersal product.

    Section 4.31

    Clarifies that as part of the act’s Prefabricated Permeable Block Panel Systems Rule, that the measurement to determine when fats, oils, and grease from a food service establishment exceed the limit of domestic strength effluent should be taken as it enters the dispersal product.

    Section 5.1

    Amends GS 143-136 (membership of the Building Code Council [BCC]) the membership requirement of one of the members appointed by the governor so that instead of being a representative of the NC Office of the State Fire Marshal, they are a certified Level III Code Official. Allows for each appointing authority to remove any member of the BCC that they appointed for misfeasance, malfeasance, or nonfeasance. Makes conforming changes.

    Section 5.2

    Amends GS 143-136.1 (Residential Code Council [RCC]) so that each appointing authority can remove any member of the RCC that they appointed for misfeasance, malfeasance, or nonfeasance. Makes conforming changes.

    Removes Sections 6.1-6.3, provisions pertaining to the extraterritoriality of jurisdiction within Moore County.

    Makes organizational changes. Makes conforming changes to the act’s long title.  


  • Summary date: May 1 2024 - View Summary

    House committee substitute to the 2nd edition adds the following new content. Adds Parts and headings. Makes conforming changes to the act's titles.

    Part I.

    Section 1.2

    Enacts new GS 130A-331 prohibiting persons and local governments locating, constructing, altering or operating a public water system, or intending to do those things, from requiring the installation of a redundant inline water service shutoff or cutoff valve between a water service meter and a customer receiving water service within a dwelling that is subject to the North Carolina Residential Code. Sets out exclusions. Effective January 1, 2025. 

    Section 1.3

    Amends GS 160D-402 by specifying that all fees collected by a building inspection department for the administration and enforcement of provisions in Article 11 (Building Code Enforcement) of GS Chapter 160D must be used to support the administration and operations of the building inspection department and for no other purposes (was, fees for support, administration, and implementation of programs authorized by GS Chapter 160D and all of those fess must be used for no other purposes). Effective July 1, 2024. 

    Section 1.4

    Amends GS 160D-1110(b) by adding that a local government that reviews residential building plans for the purpose of issuing a building permit must perform its initial review concurrently with processes for project development approval required from other State, federal, and local agencies; failure to conduct the initial review within 15 business days entitles the applicant to a refund that is to be calculated as specified. Applies to permit applications submitted on or after July 1, 2024. 

    Section 1.5

    Amends GS 160D-1110(h), which prohibits a local government from withholding a building permit or certificate of occupancy that is eligible to be issued, to compel, with respect to another property or parcel, completion of work for a separate permit or compliance with land-use regulations unless otherwise authorized by law or unless the local government reasonably determines the existence of a public safety issue directly related to the issuance of a building permit or certificate of occupancy. Adds a provision that excludes from the definition of public safety issue improvement, installation, placement, repair, or replacement of: (1) landscaping around dwellings subject to the North Carolina Residential Code within individual lots; (2) landscaping within common areas within a subdivision development; and (3) street lighting fixtures within common areas of a subdivision development. 

    Section 1.6

    Amends GS 160D-403 by prohibiting administrative staff from requiring unrestricted written consent from a permit applicant to enter any premises or area that is not public as a condition to accepting an application for, or the issuance of, development approvals.

    Provides that local governments and administrative staff are prohibited from acting upon such unrestricted written consent. 

    Section 1.7

    Amends GS 160D-1104 by prohibiting an inspector from requiring affidavits attesting that work is in compliance with the North Carolina Residential Code instead of conducting inspections required for work that is subject to the Code. 

    Section 1.8

    Amends GS 160D-804 by prohibiting a subdivision regulation from limiting, or prohibiting the use of, curb and gutter design standards adopted by the Department of Transportation (DOT) for subdivision roads adjacent to, and serving, dwellings subject to the North Carolina Residential Code. Applies to permit applications submitted on or after October 1, 2024. 

    Section 1.9

    Amend GS 160D-804 by prohibiting a subdivision regulation from requiring the addition of supplemental remote residential parking facility (as defined) requirements within subdivision developments. Applies to permit applications submitted on or after October 1, 2024. 

    Section 1.10

    Amends GS 160D-804(c) by adding that a regulation adopted by a city must not require a developer to design and construct pedestrian facilities within rights-of-way for new streets designed as public and to be submitted to the DOT for review under GS 136-102.6 (compliance of subdivision streets with minimum standards of the Board of Transportation required of developers) for small residential subdivisions in areas subject to municipal planning and development regulation in an extraterritorial jurisdiction established under GS 160D-202, unless the city accepts long-term maintenance responsibilities in a written agreement with the DOT before the construction of pedestrian facilities.

    Requires a city that required a developer to design and construct pedestrian facilities on or after January 1, 2020, as described above, to coordinate with DOT to accept long-term maintenance responsibility by written agreement for those facilities. Specifies that this does not affect any long-term maintenance agreements between any municipality and DOT for pedestrian facilities in effect on the effective date of this section. 

    Section 1.11

    Amends GS 160D-804(j), concerning private driveway pavement design standards, by making a clarifying change. 

    Section 1.12

    Adds new Article 15, Miscellaneous Provisions, to GS Chapter 160D, providing as follows. Enacts new GS 160D-1501, which allows a model home, as defined, to include an area designed as a Business Group B occupancy. Allows a local government, when construction of a model home is completed, to issue a temporary certificate of occupancy if the permit holder, in their request for the certificate, designates certain areas within the model home as a Business Group B occupancy. Requires that model homes designated a Business Group B occupancy meet accessibility requirements; any other areas must be used for display purposes for prospective buyers to view the product and for no other purpose. Requires the temporary certificate of occupancy to be conspicuously posted and maintained at entrances to model home display areas specifying that the display area is only for prospective buyers to view the developer’s product. Requires any person and local governments authorizing the connection of electrical, water, sewer, and related utilities to a model home to connect services upon issuance of a temporary certificate of occupancy. Requires a permit holder receiving a temporary certificate of occupancy for a model home to shut off all water to bathroom facilities within the home and post signs on those bathrooms with accessible bathroom facility locations on the premises.

    Applies to applications for temporary certificates of occupancy submitted on or after January 1, 2025.

    Section 1.13

    Amends GS 160D-804.1, concerning performance guarantees, as follows. Adds the requirement that local governments inspect improvements subject to a performance guarantee within 30 days of a request received from a developer and advise the developer as to whether improvements meet the required specifications. Provides that if there is a disagreement between the local government and developer over whether the improvement is completed to the local government’s specifications, a developer may get a certification under seal from a licensed professional engineer that the required improvements have been completed to the local government’s specifications. Requires a performance guarantee to be returned or released within 30 days upon acknowledgment by the local government that the improvements are complete or upon receipt of a certification under seal from a professional engineer that the improvements have been completed to the local government’s specifications (was, returned or released in a timely manner upon acknowledgment by the local government that the improvements are complete). Also requires the return of letters of credit or escrowed funds within 30 days upon completion of the required improvements to its specifications or upon acceptance of the required improvements. Adds a prohibition on requiring a performance guarantee, or other security, for the maintenance of any improvement once the improvement is completed to the local government’s specification or upon receipt of a certification under seal from a professional engineer that the improvements have been completed to the local government’s specifications.

    Applies to permit applications submitted on or after January 1, 2025. 

    Part II.

    Section 2.1

    Amends GS 143-138 by prohibiting a political subdivision from adopting local fire prevention code provisions which apply to dwellings subject to the North Carolina Residential Code that are not prescriptively required by the Code. 

    Section 2.2

    Requires that notwithstanding Section R302 and Table R302.1 in the North Carolina Residential Code, a fire separation distance between the exterior end wall of a townhouse building with a fire-resistance rating of 0 hours and closest interior lot line may be less than 3 feet when any exterior elements of an adjacent townhouse or building are located at a distance equal to or greater than 6 feet. Requires the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) to adopt a rule to amend the Section and Table consistent with this provision. 

    Section 2.3

    Requires that for single-phase 15- and 20- ampere receptacles supplied by a branch circuit dedicated to electric sump pumps to prevent flooding installed in locations specified in Sections 210.8(A)(4) and 210.8(A)(5) of the North Carolina Electrical Code required to have ground-fault circuit interrupter protection for personnel, the ground-fault circuit interrupter protection reset for those receptacles must be installed at a readily accessible location within the dwelling unit, and with an indicator light, and clear descriptive labeling to indicate that the receptacles are de-energized due to ground-fault protection application rendering the sump pumps inoperable. Requires the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) to adopt a rule to amend the Section and Table consistent with this provision. 

    Section 2.4 

    Requires that notwithstanding Section R308.4 of the North Carolina Residential Code, glazing adjacent to a landing at the top of a stairway or ramp located more than 18 inches above the landing not be considered a hazardous location. Requires the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) to adopt a rule to amend the Section and Table consistent with this provision.

    Section 2.5

    Specifies that notwithstanding Section P2801.7 of the North Carolina Residential Code, elevation of the ignition source is not required for electric water heaters. Requires the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) to adopt a rule to amend the Section and Table consistent with this provision. 

    Section 2.6 

    Amends Section 6 of SL 2023-108, which amended insulation requirements for unvented attic and enclosed rafter assemblies, as follows. Adds the requirement that the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) amend R402 Rules of the Energy Conservation Code to include, as an alternative to residential ceiling insulation minimums, minimum insulation requirements for the use of air-impermeable insulation in areas with unvented attic and unvented enclosed rafter assemblies. Requires the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) to adopt a rule to amend the Section and Table consistent with this provision.

    Requires enforcement of the Code following these provisions until the rule is amended consistent with the provision above, as follows. Where R402 Rules require R-38 insulation in the ceiling, installing air-impermeable insulation, as follows, to the underside or directly above the roof deck is deemed to satisfy the R-38 requirement in areas with unvented attic or unvented enclosed rafter assemblies; makes conforming changes.    

    Section 2.7

    Amends Section 9 of SL 2023-108, which amended the Residential Code to include three- and four-family dwellings, as follows. Defines the term three-and four-family dwelling as it is used in Section 9. Requires the adoption of rules to amend the Residential Code to include three- and four-family dwellings (was, three-family/triplex and four-family/quadplex dwellings) within its scope by modifying, transitioning, and establishing minimum prescriptive requirements to address the design and construction of those dwellings and make conforming changes to the Code. Prohibits requiring greater than a 2-hour fire resistance rating for three- and four-family dwelling (was, for triplex and quadplex) common wall, floor, and ceiling separation assemblies or requiring automatic fire sprinkler systems within the Residential Code. Adds that until the effective date of the rule to amend the Code that the Council is required to adopt under this section, the Council and local governments enforcing the Code must follow these provisions as they relate to the construction of three-and four-family dwellings.

    Adds the following.  

    Requires three- and four-family dwellings to be constructed in conformance with the North Carolina Residential Code, and when Residential Code does not address materials, design, or methods of construction unique to three- and four-family dwellings, reasonable materials, design, or methods of construction must be used and approved when in compliance with the intent and provisions of this section, and with reasonable extension of the provisions of the Code. Requires that three- and four-family dwellings (1) be required to have a 2-hour fire resistance rating for three- and four-family dwelling common wall, floor, and ceiling separation assemblies; (2) not be required to have automatic fire sprinkler systems installed; and (3) have exits located on an exterior wall or through a common 2-hour fire resistant rated corridor to the public way. Requires the Building Code Council (Council) (or Residential Code Council on or after January 1, 2025) to adopt rules substantively identical to this provision.

    Allows a person in the State using a residential contractor general contractor license classification to engage in all construction and demolition activity pertaining to the construction of three- and  four-family dwellings, and the State Licensing Board for General Contractors can’t  take disciplinary action against a licensee for the unauthorized practice of contracting solely on the basis of exceeding a residential contractor license classification pending the transition of the three- and four-family dwellings to the North Carolina Residential Code pursuant to this section. 

    Part III.

    Section 3.1

    Amends GS 87-25 regarding the authority of the Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors to seek injunctive relief for violations of Article 2. Enacts a new subsection to mandate that the court award the Board its reasonable attorneys' fees, up to $5,000, plus the costs associated with obtaining the relief and the investigation and prosecution of the violation (replacing existing law which authorizes the court to award the Board its reasonable costs associated with the investigation and prosecution). Specifies that exam applicants who have failed to pay a court award are not allowed to take any exam offered by the Board until the award has been satisfied. Makes technical changes. Amends GS 87-48 to enact an identical subsection applicable to actions brought by the Board of Examiners of Electrical Contractors for violations of Article 4.  

    Section 3.2

    Amends GS 87-43.3(a)(1) regarding limited electrical contractor licenses. Now sets the restrictions of a limited license to require that the equipment or installation used in the project is rated at not more than 1,000 (was, 600) volts. Effective October 1, 2024. 

    Section 3.3

    Amends GS 87-43.1(8) to exclude from the provisions of Article 4, regulating electrical contractors, the bonding of corrugated stainless steel tubing gas piping systems as required under the identified section of the NC Fuel Gas Code (was, 2012 version of the Code). 

    Section 3.4

    Amends GS 143-151.12 to give the North Carolina Code Officials Qualification Board (Board) the power to certify persons as being qualified under the provisions of this Article to be North Carolina State Building Code Permit Technicians. Enacts new GS 143-151.22 requiring the Board to develop a North Carolina State Building Code Permit Technician certification program and State Building Code Permit Technician Certificate. Requires passing an exam, made up of specified topics, to obtain a certificate. Allows the Board to establish professional development requirements for State Building Code Permit Technicians as a condition of certificate renewal. Requires certificate holders to present evidence to the Board at each certificate renewal that during the 12 months before the certificate expiration date, the certificate holder has completed the required number of credit hours in Board-approved courses. Requires certificates to be renewed annually. Requires the Board to establish a fee schedule for initial certification and renewal certification, with an application fee of no more than $20 and a fee of no more than $10 for the issuance of a renewal certification. Allows a $4 late renewal fee. Allows granting a certificate without taking the exam to a person with a Building Inspector standard certificate issued by the Board and who is in good standing. Allows the Board to grant a certificate to a person who does not take the exam if at the time of application the person is similarly certified as a permit technician in good standing by a similar board of another jurisdiction or certified as a permit technician in good standing by the International Code Council. Specifies that such a certificate expires after one year unless, within that time period, the holder completes a short course.

    Effective July 1, 2024. 

    Section 3.5

    Amends GS 83A-7 to allow a person who has not completed an accredited master’s or bachelor’s degree in architecture to apply for architecture licensure by examination if the person meets the specified criteria related to training and experience. Effective October 1, 2024.

    Section 3.6

    Enacts new GS 160D-111 prohibiting administrative staff, Code-enforcement officials, or other local government personnel charged with reviewing plans required by GS Chapter 160D from making administrative decisions on the appropriateness of the scope of work covered by architect or engineer seals of designs affixed to work as required by GS Chapter 83A, GS Chapter 89C, the North Carolina State Building Code, or as otherwise required by law. Specifies that this does not prevent a local government from reviewing work to determine whether seals of design are required to be affixed to work as required by law, or filing a complaint. 

    Part IV.

    Section 4.1

    Amends Section 13(b) of SL 2023-108, to provide that if before the effective date of GS 160D-925(d1), a local government has required an owner of a privately owned and maintained stormwater control project to make payments to the local government to ensure assets are available for maintenance, repair, replacement, and reconstruction costs of the owners’ stormwater control project or other stormwater control projects within the local government’s jurisdiction, the local government must, upon request of the owner of the stormwater control project, immediately refund the monies to the owner of the project to make the funds accessible to the owner (was, the local government must make the funds accessible to the owner) to cover listed costs for the owner’s stormwater control project. 

    Section 4.2

    Requires that the Stormwater Control Measure Rule, 15A NCAC 02H .1050 (Minimum Design Criteria for All Stormwater Control Measures, be implemented as follows. Requires the Environmental Management Commission (EMC) to eliminate the requirement that an Operation and Management (O&M) Agreement be referenced on the final plat and recorded with the county register of deeds upon final plat approval. Instead, requires that the EMC require that an O&M Agreement be referenced upon any instrument of title (as defined) recorded with the county register of deeds. Requires the Environmental Management Commission to adopt a rule to amend the Stormwater Control Measure Rule consistent with this provision. 

    Section 4.3

    Amends GS 143-215.1(d) concerning fast track applications and permits for sewer systems, sewer system extensions and pretreatment facilities, land application of waste, and for wastewater treatment facilities not discharging into the State’s surface waters, as follows. Provides that when there is an application digital submission option, the submission constitutes a written submission. Removes language considering an application to be approved when the Commission fails to act on an application for a permit, including a renewal of a permit, within 90 days after all application information has been submitted. Instead, provides that if the Commission does not act on an application for a permit or for a renewal after the applicant submits all required information, the application is deemed approved. Requires a review of a new application for a sewer system extension when a professional engineer provides certification that the design meets or exceeds Minimum Design Criteria within 30 working days of receipt of the application to determine if the application is approved. If approved, requires the Commission to issue a receipt letter or electronic response stating that the application is approved; deems the application incomplete if additional information is required to complete the review and sets out additional steps that must be taken. Provide that within 10 working days of receiving all necessary certifications from a professional engineer that the sewer system extension complies with all applicable rules and Minimum Design Criteria, the certifications are deemed approved and the Commission must issue the permit or permit renewal. Provides that if the Commission fails to act on an application for any other permit within 90 working days after the applicant submits all information required by the Commission, the application is deemed approved. Effective July 1, 2024. Requires the Commission to adopt amendments to its relevant permitting rules to reflect these changes. 

    Section 4.4

    Amends the purpose of GS Chapter 90A, Article 5, Certification of On-Site Wastewater Contractors and Inspectors, under GS 90A-70 to include ensuring the integrity and competence of authorized on-site wastewater evaluators, private compliance inspectors in addition to point-of sale inspections, authorized on-site wastewater evaluators, and private compliance inspectors.  

    Amends GS 90A-71 by adding and defining the terms authorized on-site wastewater evaluator, and private compliance inspector.  

    Amends GS 90A-72 by requiring certification as an authorized on-site wastewater evaluation before a person can valuate, or offer to evaluate, an on-site wastewater system. Also requires certification as a private compliance inspector before a person conducts or offers to conduct a private inspection of an on-site wastewater system for compliance with the designs of a Construction Authorization issued by a local health department or an Authorization to Construct. No longer excludes from the Article’s applicability a licensed public utilities contractor installing or expanding a wastewater treatment facility designed by a registered professional engineer. 

    Amends GS 90A-75 by increasing the fees for application for grade level II, application for grade level IV; sets out separate certification renewal fees for contractor or point of sale inspector, authorized on-site wastewater evaluators, and private compliance inspector; establishes a fee for application for private compliance inspector. 

    Amends GS 90A-77 by amending the certification requirements by setting out distinct requirements for grade level II contractor certification applicants, grade level IV contractor certification applicants, inspector certification applicants, authorized on-site wastewater evaluator applicants, and private compliance inspector applicants. Requires that an exam applicant submit a complete package no later than 15 business days before the exam date in order to be considered eligible for the exam. Makes conforming and clarifying changes. 

    Amends GS 90A-78 by changing the expiration date of certifications to November 15 of each year. Sets out continuing education requirements that vary for each of the types of contractors, inspectors, and evaluators. Amends the renewal process for expired certifications.  

    Amends GS 90A-79 by establishing the time frame within which requests for approval of continuing education programs or courses must be submitted for review.  

    Amends GS 90A-80 by making conforming changes concerning records of complaints against individuals to account for the newly included evaluators and inspectors.  Allows the requirement that the Board provide local health departments with notification of changes in certifications, complaints, suspensions, and reinstatements, to be done electronically via the Environmental Health Listserv. 

    Amends GS 90A-81 by making conforming changes to the remedies provision to account for the newly included evaluators and inspectors.  

    Section 4.5 

    Amends GS 130A-337 to allow applicants to contract with a certified private compliance inspector for any required verifications or inspections of an on-site wastewater system for compliance with the designs of a Construction Authorization issued by a local health department or an Authorization to Construct when the four specified criteria are met, including that the private compliance inspector is not the contractor of the on-site wastewater system being inspected or employed by the contractor of the system being inspected, and the private compliance inspector documents the compliance inspection with the specified form. Discharges and releases the Department and its agents as well as the local health department from any liabilities, duties, and responsibilities arising out of or attributed to an on-site wastewater system inspection under these provisions. 

    Section 4.6 

    Amends GS 89F-25 by increasing the existing fees related to licensed soil scientists and creates fees for application for a corporate certificate of licensure and for renewal of those licenses. 

    Section 4.7 

    Amends GS 143-300.8 to require all local health departments to enter into annual agreements with the Department of Health and Human Services (DHHS) to provide environmental health services; requires the agreement to include a requirement for quality assurance for all environmental health services. Adds and defines the terms department, local health department, registered environmental health associate, registered environmental health specialist, and registered environmental health specialist intern. Requires any registered environmental health specialist, registered environmental health specialist intern, or registered environmental health associate (was, any local health department sanitarian) enforcing rules of the Commission for Public Health (CPH) under DHHS authority to be defended by the Attorney General and protected from liability in any civil or criminal action or proceedings in their official or individual capacity. Requires DHHS to pay half (was, pay all) of any judgment against those individuals or any settlement made on behalf of those individuals. Requires a local health department employing or contracting with those individuals at the time of the underlying act or omission that gives rise to the judgment or settlement to pay half. Excludes from Attorney General defense and DHHS payment requirements those who have not entered into a required annual agreement. Specifies that these individuals will not be defended by the Attorney General or protected from liability for any claim arising from an act or omission made in the scope and course of enforcing a local rule adopted under GS 130A-335(c).  

    Section 4.8 

    Requires that 15A NCAC 02C .0107, the Construction Standards Rule, be implemented so that the horizontal separation between a water supply well and potential sources of groundwater contamination that exist at the time the well is constructed must be no less than 50 feet for any single-family dwelling with the septic tank and drainfield. Requires the Environmental Management Commission to adopt a rule to amend the Construction Standards Rule consistent with this provision. 

    Section 4.9 

    Amends GS 130A-336.1 (alternative process for wastewater approval), as amended by Section 3 of SL 2023-90, as follows. Clarifies that an owner of a wastewater system must submit the required materials to the local health department prior to receiving a certificate of occupancy. Sets forth process by which health department must notify the appropriate inspections department upon receiving the materials by the owner of a wastewater system.  Now specifies that a wastewater system authorized under GS 130A-336.1 is not affected by a change in ownership of the site of the wastewater system (was, system was transferrable to new owner upon consent of the professional engineer with new contract required).  Amends GS 130A-336.2, concerning alternative wastewater system approvals for nonengineered systems, by requiring the listed items to be submitted prior to receiving a certificate of occupancy from the appropriate inspection department; no longer requires inclusion of the specified fee. Requires within two business days of receiving this required documentation that the local health department notify the appropriate inspections department; if it fails to do so, the owner of the wastewater system may submit the authorization to operate to the appropriate inspections department and receive a certificate of occupancy. Amends GS 130A-336.2(o) (alternative wastewater system approvals for nonengineered systems), as amended by Section 4 of SL 2023-90, to now specify that a wastewater system authorized under the law is not affected by a change in ownership of the site of the wastewater system (was, system was transferrable to new owner upon consent of the Authorized On Site Wastewater Evaluator with new contract required). Effective retroactive to July 10, 2023. 

    Section 4.10 

    Requires that 15A NCAC 18E .0102, the Applicability Rule, be implemented to apply to any wastewater system for which an operation permit, authorization to operate, certificate of completion, or an equivalent approval has been issued prior to January 1, 2024. Requires wastewater systems permitted on or after July 1, 1977, to comply with the setback requirements in 15A NCAC 18E and if it is expanded, modified, or repaired, and the wastewater strength is not increasing, any existing wastewater system components not rendered unusable or ineffective so that the component will not function as designed must not be required to meet the requirements of 15A NCAC 18E. Requires all components to comply with the setback requirements in 15A NCAC 18E. Requires that when a wastewater system installed prior to July 1, 1977, is expanded, modified, or repaired, and the wastewater strength is not increasing, any existing wastewater system components that are not rendered unusable or ineffective so that the component will not function as designed must not be required to meet the requirements of 15A NCAC 18E except: setbacks to drinking water wells shall not be reduced, and setbacks to surface water bodies specified in 15A NCAC 24 18E .0601 must not be reduced by more than 50%. Considers existing wastewater systems for which no permit can be found and with no evidence that the wastewater system was installed in violation of Article 11 of GS Chapter 130A and the rules in effect at the time of installation to have an operation permit or its equivalent in accordance with this rule. Requires the CPH to adopt a rule to amend the Applicability Rule consistent with this provision. 

    Section 4.11 

    Requires that 15A NCAC 18E .0105, the Definitions Rule, be implemented to define terms as follows. Artificial drainage systems include foundation drains with cuts greater than two feet. Collection sewer shall not include any appurtenances used to transport waste within a wastewater system. Full kitchen means a kitchen that contains either domestic or commercial equipment and is used for cooking or preparing foods onsite. Normal water level means the water level within a pond, lake, or other type of impoundment, natural or man-made, at the elevation of the outlet structure or spillway. Warming kitchen means a kitchen that contains domestic equipment and is used for plating or dispensing food prepared or cooked at another location. Deletes the definition of stream. Intermittent stream means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the perched or seasonal high water table; allows the flow of an intermittent stream to be supplemented by stormwater runoff. Perennial stream means a well-defined channel containing water year-round during a year of normal rainfall with the aquatic bed located below the perched or seasonal high water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it may also carry stormwater runoff. Requires the CPH to adopt a rule to amend the Definitions Rule consistent with this provision. 

    Section 4.12 

    Requires that 15A NCAC 18E .0202, the Application Rule, be implemented so that prior to the repair of a wastewater system, an application must be submitted to the local health department. Requires the CPH to adopt a rule to amend the Application Rule consistent with this provision. 

    Section 4.13 

    Requires that 15A NCAC 18E .0203, the Improvement Permit Rule, be implemented so that an improvement permit is applicable to both initial and repair dispersal field areas identified and approved on the improvement permit. Requires the CPH to adopt a rule to amend the Improvement Permit Rule consistent with this provision. 

    Section 4.14 

    Requires that 15A NCAC 18E .0204, the Construction Authorization Rule, be implemented so that the construction authorization must also specify the initial water system type and layout, location of all initial wastewater system components, and design details and specifications for supply lines and force mains. Requires the CPH to adopt a rule to amend the Application Rule consistent with this provision. 

    Section 4.15 

    Requires that 15A NCAC 18E .0206, the Existing System Approval for Reconnections and Property Additions Rule, be implemented as follows. The local health department, an Authorized On-Site Wastewater Evaluator, or a certified inspector may issue an existing system approval when there is no increase in design daily flow or wastewater strength for the following: (1) a reconnection for a new or improved facility or (2) a site modification that requires a building permit. Requires existing system approvals as described in Paragraph (a) of this Rule to be issued by an authorized agent, Authorized On-Site Wastewater Evaluator, or certified inspector upon determination that: (1) there is no current or past uncorrected malfunction of the system as described in 15A NCAC .1303(a)(2), (2) the design daily flow and wastewater strength for the proposed facility do not exceed that of the existing system, and (3) the proposed facility or site modification meets the setbacks in 15A NCAC .0600. Sets the existing system approval to expire one year after issuance. Requires that when an approval cannot be issued in accordance with this Rule, a signed, written report must be provided by the authorized agent, Authorized On-Site Wastewater Evaluator, or certified inspector, as applicable, to the applicant describing the reasons for the denial, citing the applicable rule. Requires the local health department to include notice of the right to appeal under GS 130A-24 and GS Chapter 150B. Allows the owner of a wastewater system to decide to use the Affidavit for Existing Wastewater System Approval to obtain a wastewater system approval and any necessary permits. Requires the CPH to adopt a rule to amend the Existing System Approval for Reconnections and Property Additions Rule consistent with this provision. 

    Section 4.16 

    Requires that 15A NCAC 18E .0207, the Alternative Wastewater System Permitting Options Rule, be implemented so that an engineer option permit may be used if the wastewater system design requires a professional engineer. Sets out items that must be included in the Notice of Intent. Requires the CPH to adopt a rule to amend the Alternative Wastewater System Permitting Options Rule consistent with this provision. 

    Section 4.17 

    Requires that 15A NCAC 18E .0301, Owners Rule, be implemented as follows. Requires an easement or encroachment agreement for the permitting of: (1) any part of the wastewater system is located in a common area with other wastewater systems, (2) any part of the wastewater system is located in an area with multiple or third-party ownership or control, (3) any part of the wastewater system is proposed to be in an off-site area, or (4) any part of the wastewater system and the facility are located on different lots or tracts of land and cross a property line or right-of-way. Requires any necessary easements, rights-of-ways, or encroachment agreements to specify in a deed by metes and bounds description the area or site required for the wastewater system and repair area, including force mains and supply lines. Requires the CPH to adopt a rule to amend the Owners Rule consistent with this provision. 

    Section 4.18 

    Requires that 15A NCAC 18E .0302, Local Health Department and Department Rule, be implemented as follows. Provides that when a local health department issues a notice of violation to an owner of a wastewater system under this rule, the local health department may pursue legal remedies no sooner than 30 days after the date of the notice of violation, unless the notice of violation specifies a shorter time frame. Requires the local health department to issue a notice of violation to the owner when an individual advanced pretreatment system at a single site is out of compliance in accordance with 15A NCAC 18E .1302(f). Requires the authorized agent to issue a written notice of non-compliance to the owner when the wastewater system is non-compliant with Article 11 of GS Chapter 130A, the Rules of this Subchapter, or conditions in the operation permit or authorization to operate. Requires submission of a monthly activity report to the Department, which collects information on the numbers and types of permits issued by the local health department. Requires adherence to specified laws and guidance. Requires the CPH to adopt a rule to amend the Local Health Department and Department Rule consistent with this provision. 

    Section 4.19 

    Requires that 15A NCAC 18E .0303, the Licensed or Certified Professionals Rule, be implemented as follows. Prohibits a local health department from requiring a North Carolina Professional Engineer to design either of the following: (1) pressure dispersal systems or pressure dosed gravity systems with a design daily flow greater than 600 gallons per day serving a single design unit or (2) two or more septic tanks or advanced pretreatment units, each serving a separate design unit and served by a common dosing tank. Requires the CPH to adopt a rule to amend the Licensed or Certified Professionals Rule consistent with this provision. 

    Section 4.20 

    Requires that 15A NCAC 18E .0401, the Design Daily Flow Rule, be implemented as follows. Provides that in calculating design daily flow, the designer is not required to use the maximum building occupancy assigned by the local fire marshal. Sets the design daily flow for a recreational park trailer or park model trailer 400 square feet or less in a recreational vehicle park at 120 gallons per space. The design daily flow for a food establishment with multiuse articles is 25 gallons per seat open 6 hours per day or less, or 40 gallons per seat when open 6-16 hours per day and shall not be based on square footage of floor space. The design daily flow for a food establishment with single service articles is 20 gallons per seat open 6 hours per day or less, or 30 gallons per seat when open 6 to 16 hours per day and shall not be based on square footage of floor space. The design daily flow for rest homes, assisted living homes, group homes, and nursing homes shall increase by 60 gallons per day per resident employee, regardless of the presence of laundry facilities. The design daily flow for drug rehabilitation, mental health, and other care institutions shall be 12 gallons per day per employee working an 8-hour shift or less or 60 gallons per day per resident employee, increasing by 2 gallons per employee per hour when an employee works more than an 8-hour shift. The design daily flow for fitness centers, spas, karate, dance, and exercise shall be 5 gallons per person, increasing by 10 gallons per person if the facility includes showers. The design daily flow for day schools with a gymnasium only shall be 9 gallons per day per student. Day care facilities shall be reclassified as "family child care home or child care centers.” Requires the CPH to adopt a rule to amend the Design Daily Flow Rate Rule consistent with this provision. 

    Section 4.21 

    Requires that 15A NCAC 18E .0508, the Available Space Rule, be implemented as follows. The repair area requirement of Paragraph (a) of this Rule shall not apply to a lot or tract of land if that lot or tract is described in a recorded deed or a recorded plat on or before January 1, 1983. DHHS must specify the information required for a wastewater system to be approved with a two-year field demonstration. Wastewater systems with a rated capacity greater than 1,500 gallons per day that have a letter from NSF International stating that the system will comply with NSF/ANSI Standard 350 may eliminate the requirement for a repair area when installed in Group I soils. Requires the CPH to adopt a rule to amend the Available Space Rule consistent with this provision.  

    Section 4.22

    Requires that 15A NCAC 18E .0601, the Location of Wastewater Systems Rule, be implemented using  new minimum setback and other building requirements for private drinking water wells or upslope springs serving a serving a single-family dwelling unit. Requires CPH to adopt a rule to amend the Location of Wastewater Systems Rule consistent with this provision.

    Section 4.23

    Requires that 15A NCAC 18E .0701, the Collection Sewers Rule, be implemented so that collection sewers for wastewater systems with a design daily flow greater than 3,000 gallons per day be designed and constructed in accordance with the criteria established in this Rule. Requires CPH to adopt a rule to amend the Location of Wastewater Systems Rule consistent with this provision.

    Section 4.24

    Requires that 15A NCAC 18E .0702, the Raw Sewage Lift Stations Rule, be implemented so that: (1) raw sewage lift stations for wastewater systems with a design daily flow greater than 3,000 gallons per day meet all setbacks for wastewater systems in accordance with Table IX of Rule 15A NCAC 18E .0601 (Location of Wastewater Systems Rule) and (2) raw sewage lift stations for wastewater systems with a design daily flow greater than 3,000 gallons per day must be designed and constructed in accordance with the criteria established in this Rule. Requires CPH to adopt a rule to amend the Raw Sewage Lift Stations Rule consistent with this provision.

    Section 4.25

    Requires that 15A NCAC 18E .0703, the Pipe Materials Rule, be implemented so that the gravity pipe between a septic tank, gravity distribution device, and the dispersal field shall have a minimum fall of 1/8-inch per foot if the installation requirements in accordance with the criteria established in the rule are met. Requires CPH to adopt a rule to amend the Pipe Materials Rule consistent with this provision.

    Section 4.26

    Requires that 15A NCAC 18E .0801, the Septic Tank Capacity Requirements Rule, be implemented so that the minimum septic tank capacity serving two or more dwelling units be sized in accordance with Table XV of the rule. Directs that the rule not include any requirements that conflict with the 2018 North Carolina Plumbing Code. Requires CPH to adopt a rule to amend the Septic Tank Capacity Requirements Rule consistent with this provision.

    Section 4.27

    Requires that 15A NCAC 18E .0805, the Tank Leak Testing and Installation Requirements Rule, be implemented so that the tanks are only leak tested when required in the approved plans and specifications for a wastewater system designed by a professional engineer or an Authorized On-Site Wastewater Evaluator, or when the tank is constructed in place at the jobsite by a person not approved by DHHS as a tank manufacturer using bricks, blocks, or poured in place in concrete. Requires the local health department to document the observation of the leak testing. Provides for septic tank outlet pipe requirements. Requires CPH to adopt a rule to amend the Tank Leak Testing and Installation Requirements Rule consistent with this provision.

    Section 4.28

    Requires that 15A NCAC 18E .0901, the General Design and Installation Criteria for Subsurface Dispersal Systems Rule, be implemented so that the minimum required infiltrative surface area and trench length be calculated when high strength effluent is proposed to be discharged to a dispersal field with no advanced pretreatment as required in 15A NCAC 39 .0402(b)(1) or has not been reclassified as domestic strength effluent in accordance with 15A 40 NCAC .0402(c), a licensed professional, if required by Chapters 89C (Engineering and Land Surveying), 89E (Geologists Licensing Act), or 89F (NC Soil Scientist Licensing Act), must calculate the adjusted long term acceptance rate in accordance with 15A NCAC .0402(b)(2). Provides for procedures for wastewater system installation for serial and sequential distribution. Requires CPH to adopt a rule to amend the General Design and Installation Criteria for Subsurface Dispersal Systems Rule consistent with this provision.

    Section 4.29

    Requires that 15A NCAC 18E .0902, the Conventional Wastewater Systems Rule, be implemented so that the aggregate used in trenches is clean, washed gravel or crushed stone and graded or sized in accordance with size numbers 4, 467M, 5, 6, 57, or 67 of ASTM D448. Requires CPH to adopt a rule to amend the Conventional Wastewater Systems Rule consistent with this provision.

    Section 4.30

    Requires that 15A NCAC 18E .0904, the Large Diameter Pipe Systems Rule, be implemented so that large diameter pipe systems not be used with food service establishments or other facilities where the fats, oils, and grease exceed the limit of domestic strength effluent. Specifies that backfill not be limited to Soil Groups I, II, or III. Requires CPH to adopt a rule to amend the Large Diameter Pipe Systems Rule consistent with this provision.

    Section 4.31

    Requires that 15A NCAC 18E .0905, the Prefabricated Permeable Block Panel Systems Rule, be implemented so that prefabricated permeable block panel systems not be used with food service establishments or other facilities where the fats, oil, and grease exceed the limit of domestic strength effluent. Requires CPH to adopt a rule to amend the Prefabricated Permeable Block Panel Systems Rule consistent with this provision.

    Section 4.32

    Requires that 15A NCAC 18E .0906, the Sand Lined Trench Systems Rule, be implemented so that there is no depth requirement for the naturally occurring receiving permeable horizon for any soil or site, nor can advanced pretreatment be required if the receiving permeable horizon is greater than 60 inches below the naturally occurring soil surface. Requires CPH to adopt a rule to amend the Sand Lined Trench Systems Rule consistent with this provision.

    Section 4.33

    Requires that 15A NCAC 18E .0907, the Low Pressure Pipe Systems Rule, be implemented so that the minimum required dispersal field area and trench length are calculated when high strength effluent is proposed to be discharge to a low pressure pipe field with no advanced pretreatment as required in 15A NCAC 18E 5 .0402(b)(1) or has not been reclassified as domestic strength effluent in accordance with 15A 6 NCAC .0402(c), a licensed professional, if required by GS Chapters 89C (Engineering and Land Surveying), 89E (Geologists Licensing Act), or 89F (NC Soil Scientist Licensing Act), will calculate the long term acceptance rate in accordance with 15A NCAC 18E 8 .0402(b)(2). Requires CPH to adopt a rule to amend the Low Pressure Pipe Systems Rule consistent with this provision.

    Section 4.34

    Requires that 15A NCAC 18E .0908, the Drip Dispersal Systems Rule, be implemented so that drip dispersal systems receiving domestic strength effluent meet the soil and site criteria identified in 15A NCAC .0908(c). Requires CPH to adopt a rule to amend the Drip Dispersal Systems Rule consistent with this provision.

    Section 4.35

    Requires that 15A NCAC 18E .0909, the Fill Systems Rule, be implemented so that new fill systems are only installed on sites with uniform slops less than 15%. Requires CPH to adopt a rule to amend the Fill Systems Rule consistent with this provision.

    Section 4.36

    Requires that 15A NCAC 18E .1202, the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day Rule, be implemented so that sandy clay loam saprolite may be used with  advanced pretreatment meeting NSF/ANSI 40, Treatment Standard I, or Treatment Standard II effluent standards. Requires CPH to adopt a rule to amend the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day Rule consistent with this provision.

    Section 4.37

    Requires that 15A NCAC 18E .1203, the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day Rule, be implemented so that sandy clay loam saprolite may be used with advanced pretreatment meeting NSF/ANSI 40, Treatment Standard I, or Treatment Standard II effluent standards, or with advanced pretreatment with a design daily flow greater than 3,000 gallons per day. Requires CPH to adopt a rule to amend the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day Rule consistent with this provision.

    Section 4.38

    Requires that 15A NCAC 18E .1205, the Advanced Pretreatment Sand Lined Trench Systems Rule, be implemented so that trench length for trench dispersal products approved with a specific dispersal field reduction in area or trench length when receiving domestic strength effluent in accordance with this Subchapter or a provisional Innovative or Accepted approval are calculated in accordance with this Subchapter or the provisional  Innovative or Accepted approval. Requires CPH to adopt a rule to amend the Advanced Pretreatment Sand Lined Trench Systems Rule consistent with this provision.

    Section 4.39

    Requires that 15A NCAC 18E .1301, the Operation and Maintenance of Wastewater Systems Rule, be implemented so that System Classification Type IIa is described as a conventional system with 750 linear feet of trench or less and that System Classification Type IIIa is deleted. Requires CPH to adopt a rule to amend the Operation and Maintenance of Wastewater Systems Rule consistent with this provision.

    Section 4.40

    Requires that 15A NCAC 18E .1305, the Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule, be implemented so that the authorized agent issues a written  notice of non-compliance to the owner when the wastewater system is not malfunctioning in accordance with 15A NCAC 18E .1303(a)(2), but non-compliant with the performance standards  in the operation permit or the authorization to operate. Requires CPH to adopt a rule to amend the Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule consistent with this provision.

    Section 4.41

    Requires that 15A NCAC 18E .1306, the System Malfunction and Repair Rule, be implemented so that the rule identifies the responsibilities of the  local health department and the owner when a system is malfunctioning, totally or partially destroyed, or otherwise determined to require repair, including authorizing use of best professional judgment by an authorized agent, Authorized On-Site Wastewater Evaluator, or Professional Engineer in certain instances. Requires CPH to adopt a rule to amend the System Malfunction and Repair Rule consistent with this provision.

    Section 4.42

    Requires that 15A NCAC 18E .1401, the Plans for Prefabricated Tanks Rule, be implemented so that no documentation of proof of design for a tank is  required prior to approval of the tank by DHHS. Requires CPH to adopt a rule to amend the Plans for Prefabricated Tanks Rule consistent with this provision.

    Section 4.43

    Requires that 15A NCAC 18E .1402, the Tank Design and Construction Rule, be implemented so the location of the tank is not required 2to be visible at finished grade when the top of the septic tank or access riser is below the finished grade. Requires CPH to adopt a rule to amend the Tank Design and Construction Rule consistent with this provision.

    Section 4.44

    Requires that 15A NCAC 18E .1403, the Tank Material Requirements Rule, be implemented so that reinforced precast concrete tanks must achieve a minimum 28-day compressive strength of 4,000 pounds per square inch. Directs that the concrete must meet a compressive strength of 3,500 pounds per square inch prior to removal of the tank from the place of manufacture. Provides for requirements on certification of above conditions, testing to verify certifications of conditions, reporting of test readings, and rebound hammers.  Requires CPH to adopt a rule to amend the Tank Material Requirements Rule consistent with this provision.

    Section 4.45

    Requires that 15A NCAC 18E .1404, the Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots Rule, be implemented so that certain provisions of the rule apply to effluent filters, or pipe penetration boots made from plastic or  fiberglass. Provides requirements for  load withstanding minimums and concrete risers. Requires CPH to adopt a rule to amend the Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots Rule consistent with this provision.

    Section 4.46

    Requires that 15A NCAC 18E .1405, the Risers, Effluent Filters, and Pipe Penetration Boots Approval  Renewal Rule, be implemented so that the rule only applies to risers, effluent filters, or pipe penetration boots made from plastic or fiberglass. Requires CPH to adopt a rule to amend the Risers, Effluent Filters, and Pipe Penetration Boots Approval  Renewal Rule consistent with this provision.

    Section 4.47

    Requires that 15A NCAC 18E .1713, the Local Health Department Responsibilities Rule, be implemented so that local health department not be required to include in its monthly activity reports to DHHS the number of new system operations permits for Provisional, Innovative, or Accepted systems, the number of construction authorizations issued for Provisional systems, including system type, for repairs of Provisional, Innovative, Accepted systems, including system type being repaired, or repairs of Accepted systems, including system type being repaired, or repair system type. Requires CPH to adopt a rule to amend the Local Health Department Responsibilities Rule consistent with this provision.

    Section 4.48

    Adds new GS 143-214.7D (limitations upon built-upon areas). Defines built-upon area to mean impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. For purposes of implementing State or local government stormwater programs, lists six surfaces that are not built-upon areas or an impervious or partially impervious surface, including certain decks, water areas of a swimming pool, certain types of stones, certain landscaping material, and artificial turf. Allows owners or developers of property to opt out any of those exemptions. Prevents local governments from enacting, implementing, or enforcing an ordinance, comprehensive plan, or stormwater plan that establishes a definition of built-upon area or impervious surface that does not comply with the provisions set forth above, unless it is required by federal law to do so. Authorizes the EMC to enact implementing rules.  Requires local governments operating a stormwater system to update its program to be consistent with the statute.

    Makes conforming changes to GS 143-214.7(b2) (pertaining to “built-upon areas” as part of stormwater programs).

    Part V.

    Section 5.1

    Amends GS 143-136(membership of the Building Code Council [BCC]) to change its membership from 17 members appointed by the Governor, to 13 specified members, with six members appointed by the NCGA, upon the recommendation of the Speaker of the House or President Pro Tempore of the Senate and the other seven members appointed by the Governor, subject to confirmation by the NCGA. Specifies that 1/3 of the NCGA appointees on recommendation of the House Speaker and Senate President Pro Tempore will serve a two-year term, another 1/3 will serve a four-year term, and the final third will serve a six-year term.   Specifies that two of the Governor’s appointees will each serve a four-year term (currently, three appointees serve four-year term) and two of the Governor’s appointees will serve six-year terms (currently, three of the Governor’s appointees serve six-year terms). Removes the Governor’s removal power and ability to appoint vacancies. Creates vacancy processes for vacancies created by NCGA appointees and by gubernatorial appointees. Provides for a process for gubernatorial appointees.

    Disbands the Building Code Committee and makes conforming changes.  Removes requirement that BCC meet upon the call of the chair.

    Specifies that nine BCC members constitute a quorum for the transaction of business under GS 143-137 (currently, seven members constitute a quorum). Requires an affirmative vote of nine members present to approve any action of the BCC, including any code amendments. Prevents members from voting by proxy.  Makes conforming changes to account to scope of code review under GS 143-138(a).

    Makes language gender neutral.  Removes outdated language. Makes technical and conforming changes. Provides for an initial schedule of appointments effective January 1, 2025.

    Effective January 1, 2025.

    Section 5.2

    Amends GS 143-136.1 (pertaining to the Residential Code Council [RCC]) as follows. Provides for a process for gubernatorial appointees. Specifies that the RCC oversees revision of the NC Residential Code. Makes conforming changes to account to scope of code review under GS 143-138(a). Makes technical changes. 

    Makes technical changes to GS 143-137.1 (pertaining to organization of the RCC). Makes conforming changes to account to scope of code review under GS 143-138(a).

    Amends GS 143-138 to set forth the scope of code review for the BCC and the RCC. Specifies that the BCC may oversee state building code provisions applicable to commercial or multi-family construction and that are listed as one through nine in the statute and the RCC will oversee state building code provisions applicable to residential construction and that are listed as one through ten of the statute. Makes clarifying, conforming, and technical changes.

    Requires the RCC, in reviewing the relevant provisions of the State Building Code, to include relevant provisions from the NC Administrative Code and Policies volume. 

    Makes technical change to GS 143-139 (pertaining to the enforcement of the Building Code), GS 130A-248 (regulation of food and lodging establishments); GS 143-151.13 (required standards and certificates for code-enforcement officials); GS 143-151.14 (comity); GS 143-151.17 (grounds for disciplinary action-NC Code Officials Qualifications Board); GS 153A-123 (county enforcement of ordinances); GS 58-78A-16 (inspections of State property by State Fire Marshal); and GS 160A-175 (enforcement of ordinances). Makes clarifying and technical changes to GS 143-140 (hearings before code enforcement agencies under the Building Code); and GS 143-151.8 (definitions provisions of the NC Code Officials Qualifications Board), which adds in references to the Residential Code Council. Makes conforming change to GS 87-10 (applications for licensure -general contractors); GS 58-6-25 (insurance regulatory charges); GS 58-78A-1 (office of the State Fire Marshal); GS 150B-21.5 (circumstances when notice and rulemaking hearing are not required); GS 150B-21.21 (publication of rules of exempt agencies including the BCC and now, the RCC); GS 150B-38 (scope of article).

    Effective January 1, 2025.

    Part VI.

     

    Section 6.1

    Effective August 1, 2025, and applicable only to cities within Moore County, amends the following statutory provisions. Amends GS 160D-201 by limiting a city within Moore County's exercise of powers granted by GS Chapter 160D to within the city's corporate limits, no longer including extraterritorial areas. Amends the following by removing provisions related to extraterritorial jurisdiction and areas: GS 160D-202 (municipal extraterritorial jurisdiction), GS 160D-602 (notice of hearing on proposed zoning map amendments), GS 160D-903 (agricultural uses), GS 160D-912 (outdoor advertising), GS 160D-925(e) (repeal provisions related to baring EMC from requiring certain measures pertaining to stormwater control), GS 160D-1125 (enforcement), and GS 113A-208 (regulation of mountain ridge construction by counties and cities).

    Repeals GS 160D-307, extraterritorial representation on boards.

    Repeals any provision in a local act granting a city in Moore County the power to exercise extraterritorial planning jurisdiction under Article 19 (Planning and Regulation of Development) of GS Chapter 160A, or its successor, GS Chapter 160D.

    Amends GS 130A-317(d) and GS 143-215.1(f) by adding defined term extraterritorial jurisdiction, which means the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 or its successor GS Chapter 160D before the municipality's relinquishment of extraterritorial planning jurisdiction over the area, and specifies that this relinquishment is in accordance with the law.

    Removes references to "extraterritorial jurisdiction" in GS 136-55.1 (notice of abandonment of roads), GS 136-63 (change or abandonment of roads), GS 136-66.3 (local government participation in improvements to the State transportation system), GS 143-138 (North Carolina State Building Code), GS 153A-317.14 (extension of economic development and training districts), GS 160A-176.1 and GS 160A-176.2 (ordinances effective in Atlantic Ocean), GS 160A-296 (establishment and control of streets), and GS 160A-299 (procedure for permanently closing streets and alleys).

    Makes conforming changes.

    Section 6.2

    Prevents any city within Moore County from expanding its extraterritorial jurisdiction beyond the territory that the city was exercising extraterritorial jurisdiction authority upon as of June 1, 2024.

    Section 6.3

    Provides that, notwithstanding GS 160D-202(h), the relinquishment of jurisdiction over an area that a city, within Moore County, is regulating under the authority of extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, will be determined by Moore County, not the city which has been exercising extraterritorial jurisdiction over the area.

    Specifies that the act should not be construed as preventing a city within Moore County from relinquishing jurisdiction over an area prior to August 1, 2025,  so long as the city complies with the provisions of Article 19  of GS Chapter 160A, or its successor Chapter GS 160D. Sets forth rules pertaining to enforceable law upon relinquishment of jurisdiction that a city in Moore County is regulating under the authority of extraterritorial planning under Article 19  of GS Chapter 160A, or its successor Chapter GS 160D. Provides for notice to county by cities within Moore County to be provided at least 180 days before August 1, 2025.

    Section 6.4

    Specifies that the above Sections 6.1 through 6.3 have no effect on the extraterritorial jurisdiction of law enforcement officers as authorized by any of the following: (1) GS Chapter 77 (rivers, creeks, and coastal waters); (2) GS 15A-402 (territorial jurisdiction of officers to make arrest); (3) GS 20-38.2 (pertaining to certain vehicle investigations by law enforcement); (4) GS 160A-286 (extraterritorial jurisdiction of police); or (5) Any local act or provision of general law.

    Part VII.

    Section 7.1

    Contains severability clause.


  • Summary date: May 2 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.

    Creates new GS 130A-330 (Local authority to prevent backflow preventers), which prohibits water systems owned by local government units from requiring a customer to install a backflow preventer unless required by state or federal law, or to prevent a severe hazard from the customer’s connection. Provides definitions of backflow preventer and severe hazard. Specifies that the prohibition should not be construed to prevent installation of a backflow preventer if required by the State Plumbing Code due to retrofit or facility addition on the property. 

    Amends the titles to reflect the new section’s contents. 

    Removes changes to GS 160A-312 and GS 153A-275 requiring a public enterprise to bear the cost of complying with an adopted rule if the rule applies to a customer who had previously received approval to connect to the public enterprise system. 

    Removes new section GS 162A-900 (Certain costs of customer compliance to be borne by authority or district), which applied to costs applicable for a customer who had previously received approval to connect to the applicable water or sewer system. 

    Removes new section GS 130A-64.2 (Certain costs of customer compliance to be borne by sanitary district) which applied to costs applicable for a customer who had previously received approval to connect to the applicable water or sewer system.


  • Summary date: Feb 27 2023 - View Summary

    Amends GS 160A-312 (concerning cities) and GS 153A-275 (concerning counties), which authorize cities and counties to operate public enterprises, and enacts GS 162A-900 (concerning water or sewer authorities and districts) and GS 130A-64.2 (concerning sanitary districts) to require that these entities bear the cost to comply with any adopted rule that applies to customers who have received previous approval to connect to the specified system. Specifies that the cost to comply with a numerical pretreatment standard for each of these specified systems will be borne by the customer. Applies to compliance costs arising on or after the act becomes law.