AN ACT REQUIRING COUNTIES AND CITIES TO HAVE REASONABLE CAUSE BEFORE INSPECTING RESIDENTIAL BUILDINGS OR STRUCTURES. Summarized in Daily Bulletin 4/19/11, 6/8/11, 6/13/11, 6/15/11, and 6/17/11. Enacted June 23, 2011. Effective June 23, 2011.
RESIDENTIAL BUILDING INSPECTIONS.
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View NCGA Bill Details | 2011-2012 Session |
REQUIRING COUNTIES AND CITIES TO HAVE REASONABLE CAUSE BEFORE INSPECTING RESIDENTIAL BUILDINGS OR STRUCTURES.Intro. by Hunt.
Bill History:
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Tue, 19 Apr 2011 Senate: Filed
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Wed, 20 Apr 2011 Senate: Passed 1st Reading
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Wed, 20 Apr 2011 Senate: Ref To Com On Commerce
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Wed, 8 Jun 2011 Senate: Reptd Fav Com Substitute
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Wed, 8 Jun 2011 Senate: Com Substitute Adopted
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Wed, 8 Jun 2011 Senate: Re-ref Com On Finance
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Thu, 9 Jun 2011 Senate: Reptd Fav Com Substitute
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Thu, 9 Jun 2011 Senate: Com Substitute Adopted
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Thu, 9 Jun 2011 Senate: Placed On Cal For 6/9/2011
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Thu, 9 Jun 2011 Senate: Passed 2nd & 3rd Reading
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Mon, 13 Jun 2011 House: Passed 1st Reading
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Wed, 15 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/15/2011
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Thu, 16 Jun 2011 House: Amend Adopted 1
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Thu, 16 Jun 2011 House: Amend Adopted 2
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Thu, 16 Jun 2011 House: Last Action Reconsidered
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Thu, 16 Jun 2011 House: Amend Ruled Out of Order 2
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Thu, 16 Jun 2011 House: Amend Tabled 3
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Thu, 16 Jun 2011 House: Amend Offered 4
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Fri, 17 Jun 2011 House: Amend Adopted 4
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Fri, 17 Jun 2011 House: Passed 2nd & 3rd Reading
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Fri, 17 Jun 2011 Senate: Rec To Concur H Com Sub
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Fri, 17 Jun 2011 Senate: Placed On Cal For 6/17/2011
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Fri, 17 Jun 2011 Senate: Concurred In H/com Sub
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Sat, 18 Jun 2011 Ratified
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Mon, 20 Jun 2011 Pres. To Gov. 6/20/2011
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Thu, 23 Jun 2011 Signed By Gov. 6/23/2011
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Thu, 23 Jun 2011 Ch. SL 2011-281
Bill Summaries:
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Summary date: Jun 30 2011 - View Summary
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Bill S 683 (2011-2012)Summary date: Jun 17 2011 - View Summary
House amendment, adopted 6/16/11, makes the following changes to 4th edition. Deletes provisions from previous edition prohibiting a county or city from requiring inspections of residential buildings or structures in addition to those required by the NC Building Code Council without prior approval from the Council.
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Bill S 683 (2011-2012)Summary date: Jun 17 2011 - View Summary
House amendment makes the following changes to 4th edition, as amended. Provides that, upon a property being identified within the top 10% of properties with crime or disorder problems as set forth in a local ordinance, the property may be subject to the following: (1) a city or county ordinance that would require an owner or manager of rental property to obtain a permit or permission from the county to lease or rent residential real property and (2) a city or county fee for residential rental property registration. Makes other clarifying changes.
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Bill S 683 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 3rd edition. Amends GS 153A-364 (periodic inspections by counties), adding that nothing in the statute prohibits periodic inspections in accordance with state fire prevention code or as otherwise required by state law. Makes the same change to GS 160A-424 (periodic inspections by cities). Makes other clarifying changes.
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Bill S 683 (2011-2012)Summary date: Jun 13 2011 - View Summary
Senate committee substitute, reported in on 6/9/11, makes the following changes to 2nd edition. Enacts new subsection (d) to GS 153A-364, authorizing a county to levy a fee for residential rental property registration under proposed GS 153A-364(c) for properties with more than two verified violations of local ordinances within the previous 12 months. Sets out the fee amounts, based on the number of residential rental units, and specifies that the fee covers the residential registration program and must not be used to supplant other revenue. Makes a similar addition to GS 160A-424. Enacts new subsection (b) to GS 153A-360, stating that, except under specified circumstances, a county may not require inspections of residential buildings or structures in addition to those required by the NC Building Code Council without prior approval from the Council. Makes a similar change to GS 160A-420. Makes other clarifying changes.
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Bill S 683 (2011-2012)Summary date: Jun 8 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition. Amends GS 153A-364(a) (counties) and GS 160A-424 (cities) to clarify that reasonable cause to inspect also includes when the landlord or owner has a history of more than two verified violations of ordinances or codes within the last 12-month period (was “a substantial history of noncompliance”), or when violations of ordinances or codes are visible from the outside of the property. Deletes specific requirement that an inspection department not discriminate between owner-occupied and tenant-occupied structures in conducting inspections. Also clarifies that while a county or city may require periodic inspections as part of a targeted effort within a designated geographic area, the county or municipality will not discriminate in the selection of areas to be targeted and must provide notice and information to residents as set out in the act. Prohibits ordinances which require registration, application, or permission from the county or city to lease or rent residential property, or require participation in any government program as a condition of obtaining a certificate of occupancy, or that levy a special fee or tax on residential property not also levied against other commercial and residential properties. Makes other clarifying changes.
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Bill S 683 (2011-2012)Summary date: Apr 19 2011 - View Summary
Amends GS 153A-364 (pertaining to counties) and GS 160A-424 (pertaining to cities) as the title indicates.
Provides that a local government inspection department may make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions exist in the building. Defines reasonable cause to mean that (1) landlord or owner has a substantial history of noncompliance with unit’s ordinances on unsafe buildings, (2) there has been a report that substandard conditions exist within the building or an occupant has requested that the building be inspected, or (3) the inspection department has actual knowledge of unsafe conditions within the building that was acquired as a result of “routine business activities” conducted by the local government. Prohibits an inspection department from “discriminating” between single-family and multi-family buildings or structures or between owner-occupied and tenant-occupied buildings or structures. Adds a new GS 160A-424(b) and GS 153A-364(b) to allow local governments to require periodic inspections as part of a targeted effort to respond to blighted or potentially blighted conditions within a Community Development Block Grant area that has been designated by the governing board, the Division of Community Assistance (Department of Commerce), or the U.S. Department of Housing and Urban Development. Adds a new GS 153A-364(c) and GS 160A-424(c) to prohibit a local government from levying a special fee or tax on residential rental property that is not also levied against other commercial and residential properties.