Bill Summary for H 948 (2017-2018)

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Summary date: 

May 30 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 948 (Public) Filed Wednesday, May 16, 2018
Intro. by Brody, Riddell, Cunningham, Potts.

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Bill summary

House committee substitute makes the following changes to 1st edition. Amends GS 143-139(b) by deleting proposed (b2) concerning liability for negligence by a market place pool Code-enforcement official and moves it to new GS 143-139.4. Makes other conforming changes. 

Amends GS Chapter 143, Article 9, adding new section GS 143-139.4, titled "Certain building inspections by State." Provides that when a permit holder has been informed by a local inspection department that any inspection has not been, or will not be, conducted within two business days after first requested, the permit holder may request in writing that the Commissioner assign personnel to conduct the inspection. The submission must be on a form adopted by the Commissioner, which must at a minimum contain the permit holder's name and contact information, a copy of the building permit for the building to be inspected, documentation of the date and time of the initial request to the local inspection department, and whether the local department failed to inspect within two days or notified the permit holder of its inability to inspect. Requires local inspection departments to maintain a record of each inspection request. Requires the Commissioner to verify, prior to assigning a Code-enforcement official, that the permit holder desires the inspection to be completed, that the local inspection department received an inspection request for the property, and that the inspector failed to conduct the inspection. Requires the Commissioner to notify the local inspection department that it is assigning a Code-enforcement official. In turn, prior to the inspection the local inspection department must provide the Commissioner with information regarding any outstanding building permits for that property and any previously conducted inspections on those outstanding building permits. The local inspector may also provide the Commissioner with information regarding other properties with outstanding building permits and inspections by the same permit holder or requestor. The Commissioner must provide a copy of any report produced by a Code-enforcement official to the local inspection department. The Commissioner will charge the permit holder a fee as set by the Commissioner under GS 58-2-40(1a). The fee is due to the Commissioner no later than 30 days after completion of the inspection. Any claim alleging negligence by the Code-enforcement official arising out of an inspection under this section will constitute a claim against the State and will be adjudicated according to the terms of GS Chapter 143, Article 31. A city or county, its inspection department, and its inspectors will be released from any liabilities and duties imposed under the General Statutes or Common Law from any claim arising out of any inspection performed pursuant to this section by Code-enforcement officials under this section, notwithstanding the city's or county's issuance of a certificate of occupancy. Defines inspectionlocal inspection department, and requestor as used in this statute. 

Further amends GS 58-2-40 to allow the Commissioner to collect reimbursement for mileage costs incurred by Code-enforcement officials traveling to and from inspections at the rate established under GS 138-6. 

Allows the Commissioner to charge a fee not to exceed $30 per hour for inspections requested under this section until the Commissioner adopts permanent rules. Forbids the Commissioner from including travel time in the hourly rate calculation for any temporary or permanent rule for Code-enforcement official fees. 

Further amends GS 153A-352 and GS 160A-412(g) to clarify that if a specific building framing inspection as required by the North Carolina Residential Code for One-and Two-Family Dwellings results in 20 or more separate violations, the inspector must forward a copy of the inspection report to the Department of Insurance.