Bill Summary for H 433 (2013-2014)

Summary date: 

May 9 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 433 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE.
Intro. by J. Bell, Stam, McElraft, Whitmire.

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Bill summary

Senate committee substitute makes the following changes to the 4th edition.

Amends GS 143-151.71, Definitions, deleting Secretary and State Construction Office. Adds and defines Building Code Council and Commissioner. Adds Air Route Surveillance Radar (ARSR-4) at Fort Fisher to the definition for Major Military Installation.

Deletes the occurrence of the words State Construction Office throughout the act, replacing them with Building Code Council. Makes related conforming changes.

Enacts new GS 143-151.75(e), providing that the Building Code Council can meet by telephone, video, or internet conference, so long as it is consistent with applicable law regarding public meetings, in order to make a decision on a request for an endorsement for the construction of a tall building or structure pursuant to subsection (d) of this statute.

Deletes the provisions and title of GS 143-151.77, Injunctive relief, of the previous edition, providing for new a section titled Enforcement and penalties. New section establishes civil penalties for violations of the rules adopted pursuant to this article. Provides the maximum civil penalty for a violation is $5,000.  Sets out the process and procedure for the Commissioner to determine the amount of the civil penalty. Provides for notice of the assessment and provides the process for instituting a civil action upon nonpayment.

Enacts new GS 13-138(j2), which establishes that, pursuant to Article 9G of GS 143, the Building Code Council is authorized to review and endorse proposals for the construction of tall buildings or structures in the areas surrounding major military installations, as those terms are defined.

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