BLDG. PERMIT EXEMPT./TIMESHARE EFF. DATE. (NEW)

View NCGA Bill Details2021
Senate Bill 329 (Public) Filed Monday, March 22, 2021
AN ACT TO MODIFY ARCHITECT LICENSURE AND SEAL, ENGINEER SEAL, AND BUILDING PERMIT EXEMPTION CRITERIA FOR CERTAIN CONSTRUCTION PROJECTS AND TO DELAY THE APPLICABILITY OF REVISIONS TO THE NORTH CAROLINA TIMESHARE ACT TO TIMESHARE TRANSFER SERVICES AND TRANSFER SERVICE PROVIDERS.
Intro. by Jarvis, Johnson, Davis.

Status: Pres. To Gov. 12/1/2021 (Senate action) (Dec 1 2021)

SOG comments (2):

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO EXEMPT CERTAIN SMALL PROJECTS FROM ARCHITECTURAL BUILDING CODE AND BUILDING PERMIT REQUIREMENTS.

Long title change

Conference report to the 4th edition changed the long title. Previous long title was AN ACT TO MODIFY ARCHITECT LICENSURE AND SEAL, ENGINEER SEAL, AND BUILDING PERMIT EXEMPTION CRITERIA FOR CERTAIN CONSTRUCTION PROJECTS.

Bill History:

S 329

Bill Summaries:

  • Summary date: Nov 29 2021 - More information

    Conference report amends the 4th edition as follows.

    Makes technical changes to the lead-in language for the proposed changes to GS 83A-13, GS 143-138, and GS 160D-1104 to reflect changes made to those statutes by various session laws. 

    Further amends GS 143-138(b5), establishing a new limitation for minor activities for which permits are generally not required under the statute, making the subsection not applicable to work involving any changes to which the North Carolina Fire Prevention Code applies. Makes conforming changes to new GS 143-138(b21), which provides for permit exclusion for certain minor activities in commercial buildings or structures. Adds that, for purposes of determining applicability of permit exclusion for a commercial building or structure under GS 143-138(b21) or (b5), or GS 160D-1110(c), cost is the total cost of work, including all building additions, demolition, alterations, and repair work, occurring on the property within 12 consecutive months. 

    Changes the effective date of the proposed changes to GS 83A-13, GS 143-138, GS 160D-1104, and GS 160D-1110 to December 15, 2021 (was, December 1, 2021). Now provides for the expiration of the proposed changes to GS 83A-13, new GS 143-138(b22), and the proposed changes to GS 160D-1104 on December 31, 2024.

    Adds the following new content. Amends SL 2021-163, limiting the scope of Section 1(c) of that act, which amends the North Carolina Timeshare Act, Article 4 of GS Chapter 93A, to exclude timeshare transfer services or transfer service providers prior to July 1, 2022.

    Makes further technical changes and changes the act's titles.


  • Summary date: Oct 20 2021 - More information

    House committee substitute to the 3rd edition changes the act's effective date from October 1, 2021, to December 1, 2021.


  • Summary date: Aug 19 2021 - More information

    House committee substitute to the 2nd edition makes the following changes. 

    Specifies that the exemption from the requirement for a professional architectural seal set forth in proposed subdivision (1) of GS 83A-13(c1) applies to a commercial building project with a total value of less than $300,000 and a total project area of less than 3,000 square feet in gross floor area (previously set the threshold at 3,000 square feet, not specifying gross floor area).

    Adds to new GS 160D-1104(d1) to also prohibit local governments from adopting, in addition to the prohibition against enforcing, any variance requiring that plans and specifications for any alteration, remodeling, renovation, or repair of a commercial building or structure be prepared by and under the seal of a registered architect or registered engineer if the costs are less than $300,000 or if the total building area does not exceed 3,000 square feet in gross floor area, with specified qualifications as previously described.

    Further amends GS 160D-1110(c) to now align the thresholds for the permitting exemption for any construction, installation, repair, replacement, or alterations performed pursuant to the State Building Code (Code) in any single-family residence or farm building, and any commercial building, to costs of $20,000 or less (was, $15,000 or less for single-family residences and farm buildings and $20,000 or less for commercial buildings). Maintains the five stated exceptions to the permitting exemption. Specifies that no permit is required for pickets, railings, stair treads, and decking of porches and exterior decks which otherwise meet the requirements of subsection (c).

    Further amends and makes conforming changes to GS 143-138, modifying subsection (b5) to set the threshold for which no permit can be required under the Code or any local variance for any construction, installation, repair, replacement, or alteration performed in accordance with the current edition of the Code in any single-family residence, farm building, or commercial building at costs of $20,000 or less (was, set at $15,000 and limited to single-family residences and farm buildings). Revises the five exceptions to mirror those set forth in GS 160D-1110(c), as amended.

    Revises the effective date provisions of the act to make the act applicable to construction, installation, repair, replacement, remodeling, renovation, or alteration projects beginning on or after October 1, 2021 (was, projects begun on or after that date).

    Changes the act's titles. 


  • Summary date: May 5 2021 - More information

    Senate amendment makes the following changes to the 1st edition.

    Amends GS 143-138 by adding a new subsection (b21) to prohibit the State Building Code or any local variance from requiring a permit for any construction, installation, repair, replacement, or alteration performed pursuant to the current edition of the Code and the North Carolina Fire Prevent Code (was, Building Code only) and costing $20,000 or less in any commercial building or structure, unless the work meets the specified criteria. Amends (b22) by adding to the criteria to be met for the prohibition on requiring that plans and specifications for any alteration, remodeling, renovation, or repair of a commercial building or structure be prepared by and under the seal of a registered architect or registered engineer if the costs are less than $300,000 or if the total building area does not exceed 3,000 square feet in gross floor area by requiring that the the alteration, remodeling, renovation, or repair be performed in accordance with the current edition of the North Carolina Fire Prevention Code. Makes a technical change in Section 4.


  • Summary date: Mar 22 2021 - More information

    Amends GS 83A-13 to exempt from architectural licensure requirements the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $300,000 (was, $200,000) and the total building area does not exceed 3,000 square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $300,000 (was $200,000) and a total project area less than 3,000 square feet. Adds two new exemptions from the requirement for a professional architectural seal: (1) any alteration, remodeling, renovation, or repair of a commercial building with a total value of less than $300,000; and (2) any alteration, remodeling, renovation or repair of a commercial building if the total building area does not exceed 3,000 square feet in gross floor area.

    Amends GS 143-138 by adding a new subsection (b21) to prohibit the State Building Code or any local variance from requiring a permit for any construction, installation, repair, replacement, or alteration performed pursuant to the current edition of the Code and costing $20,000 or less in any commercial building or structure, unless the work involves the five activities excluded from the similar existing exemption granted for such costs under $15,000 for single family residences and farm buildings under subsection (b5) (excludes from the exemption activities related to load bearing structures, plumbing design, heating and air, prohibited materials, and roofing). Makes conforming changes to GS 160D-1110(c), regarding local variances. 

    Makes further conforming changes by enacting GS 143-138(b22) and GS 160D-1104(d1) to prohibit the State Building Code or any local variance from requiring that plans and specifications for any alteration, remodeling, renovation, or repair of a commercial building or structure be prepared by and under the seal of a registered architect or registered engineer if the costs are less than $300,000 or if the total building area does not exceed 3,000 square feet in gross floor area. Excludes the addition, repair, or replacement of load-bearing structures and projects subject to the requirements of GS 133-1.1(a) regarding the design of buildings involving public funds. 

    Applies to construction, installation, repair, replacement, renovation, or alteration begun on or after October 1, 2021. 


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