Bill Summary for S 308 (2021)

Summary date: 

Oct 20 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 308 (Public) Filed Tuesday, March 16, 2021
Intro. by Johnson, Jarvis.

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Bill summary

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

Makes technical changes to reflect amendments made to GS 160D-1104(d) by SL 2021-117 and SL 2021-121, concerning local government inspections for compliance with the NC Residential Code for One- and Two-Family Dwellings and the NC Building Code. Maintains the substance of the previously proposed changes to the statute, prohibiting a delay in the issuance of a temporary certificate of occupancy in instances when a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, and additional violations of the Code noted by the inspector on items that were already approved by the inspections department. Previously proposed language prohibiting charging a fee for the reinspection of those items was codified by SL 2021-121. Makes technical changes. 

Adds the following new content. 

Amends GS 143-143.2, which requires electric wiring of houses or buildings to comply with the State Building Code. Eliminates the explicit inclusion of the National Electric Code and any amendments and supplements thereto as adopted and approved by the State Building Code Council (Council) from the requirements of the State Building Code as referenced in the statute. Makes technical changes.

Requires the Council to implement Sections D107 and D107.2 of the 2018 NC Fire Code and other provisions related to fire apparatus access roads for one- and two-family dwelling residential developments as follows. Directs the Council, Code enforcement officials, and fire code officials to not require that fire apparatus access roads be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses, where conformance is technically infeasible, including instances of road connectivity limitations, real property dimensions or limitations, real property acquisition constraints, or environmental constraints, as determined by the property owner or developer. Requires the Council, Code enforcement officials, and fire code officials, for developments where compliance is technically infeasible, to either not require two fire apparatus access roads or allow for alterations that provide for fire apparatus road remoteness to the maximum extent technically feasible. Requires the Council to adopt amendments consistent with this directive, as specified. 

Effective January 1, 2022, amends GS 160A-344, regarding city authority to assume control of abandoned cemeteries. Adds a new subsection to address cemeteries located outside of any city limits and wholly located within a county. Upon request from a verified descendant, authorizes the county to put the cemetery up for sale to all verified descendants in accordance with the county's excess property sale process within 30 days of the request, subject to three requirements, including that the cemetery area is less than one acre, there is historical significance, and the trustees or owners named in the deed(s) have died or are unknown, or the deeds have been lost or misplaced and no record of title has been found, and the property has been occupied and used for burial purposes for a time sufficient to identify its use as a cemetery property. 

Makes conforming changes to the act's titles. 

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