AN ACT TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE STATUTES GOVERNING THE CREATION AND ENFORCEMENT OF BUILDING CODES.
House committee substitute makes the following changes to the 1st edition.
Makes organizational changes to the proposed changes to GS 160A-413.5(a)(3). Now requires the licensed architect or engineer's certification of compliance with the Building Code or Residential Code to include the contractor's license number and the street address of the job location (was, only the contractor's name, and the job location and street address). Makes further conforming and clarifying changes. Modifies subsection (d) to include in the examples given of a component, a foundation and a prepared underslab with slab-related materials without concrete. Deletes the proposed additions to the definition of component in GS 160A-413.5(d)(1).
Modifies proposed GS 160A-372(f1) (concerning city subdivision control ordinances) and GS 153A-331(f1) (concerning county subdivision control ordinances) to prohibit an ordinance from requiring a developer or builder to bury power lines that existed above ground (previously did not specify above ground) at the time of the first approval (rather than submission) of a plat or development plan to the city or county that are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan. Makes technical changes. Modifies the proposed changes to GS 160A-381 and GS 153A-340 to clarify that a city or county zoning ordinance cannot set a minimum square footage of any structures subject to regulation under the Residential Code for One- and Two-Family Dwellings (previously referenced all of the limitations set out in proposed GS 160A-372(f1) and GS 153A-331(f1) respectively, including the limitations regarding power line burial). Makes clarifying and organizational changes. Changes the effective date for these provisions (Section 3 of the act) to July 1, 2019 (was, when the act becomes law).
Modifies the proposed additions to GS 143-138. Now directs the Building Code Council to conduct a cost-benefit analysis for all proposed changes to the NC Energy Conservation Code considered after January 1, 2018 (was, of all proposed changes to the NC Energy Conservation Code based on a five-year period for calculating return on investment of the proposed change and the impacts of the proposed change on the energy efficiency of the entire structure). Limits the permitting exception under the Building Code or any approved local variant for any construction, installation, repair, replacement, or alteration of temporary motion picture, television, and theater stage sets and scenery to those being used for less than one year in one location. Also requires inspection of the stage sets and scenery by the assigned fire code inspector. Directs the Building Code Council to create a fire code inspection checklist. Makes organizational changes.
Eliminates the directive for the Building Code Council to study options for use by builders of demolition debris for additional uses at the construction site.
Deletes the proposed changes to GS 160A-423 and GS 153A-363 and instead adds a new subsection to each statute to allow a permit holder to request and be issued a temporary certificate of occupancy so long as the conditions and requirements of the Building Code are met (previously, prohibited cities and counties from adopting or enforcing a local ordinance, resolution, or any other policy that requires compliance with any conditions or requirements other than those required by the Building Code for a temporary certificate of compliance). Makes conforming changes and makes language gender-neutral.
Modifies and adds to the proposed changes to GS 160A-417 and GS 153A-357. Specifies that the statutes do not require a city or county to review and approve proposed residential building plans submitted to it pursuant to the Building Code (previously referenced plans submitted pursuant to a specific section of the Code). Now requires a city or county to perform a review, if it chooses, of residential building plans within 15 business days of the submission (was, within two days of the submission of sealed plans by an engineer or architect, or within five days of submission for all others). Additionally, prohibits cities and counties from requiring building plans for One- and Two-Family Dwellings to be sealed by a licensed engineer or architect unless required by the Building Code. Makes clarifying changes.
Deletes the proposed changes to GS 83A-13 to exempt from architectural license specifications for certain institutional or commercial buildings.
Modifies the proposed changes to GS 143-355.4 to now require the property owner to select and install a testable backflow preventer (rather than prevention device) appropriate for the level of risk associated with the irrigation system and which meets the Plumbing Code requirements (previously, that meets the Plumbing Code requirements for the appropriate level of risk or other identified risk associated with the irrigation system) when required as part of the separate meter required by the statute. Makes conforming changes. Changes the effective date of these changes to July 1, 2019 (rather than October 1, 2019), and makes the changes applicable to existing municipal or county ordinances. Further, deems void and unenforceable any municipal or county ordinance inconsistent with the changes.
Changes the effective date of the proposed extension of the sunset of Section 6 of SL 2018-29 from October 1, 2019, to the date the act becomes law.
Directs the Department of Insurance to issue a guidance paper by October 1, 2019, to promote uniformity in plan review and interpretations of the Building Code for cities and counties that require review of building plans for structures subject to regulation under the Residential Code for One- and Two- Family Dwellings. Effective when the act becomes law.
Concerning the Building Code Council's study of additional uses of debris at construction sites, requires the Council to consult with the Department of Environmental Quality. Modifies the study provisions to more generally refer to "debris" rather than "demolition debris." Changes the effective date to the date the act becomes law (was, October 1, 2019).
Makes conforming and organizational changes to the act.
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