Bill Summaries: H 255 BUILDING CODE REG. REFORM.

Tracking:
  • Summary date: Jul 14 2015 - More information

    AN ACT TO REFORM BUILDING CODE ENFORCEMENT TO PROMOTE ECONOMIC GROWTH BY CONFORMING WORK IN PROGRESS INSPECTION AUTHORITY TO RECENTLY ENACTED INSPECTION LIMITATIONS, BY REQUIRING THE BUILDING CODE COUNCIL TO STUDY THE ALTERNATE METHODS APPROVAL PROCESS, BY CLARIFYING THE DEFINITION OF OFFICIAL MISCONDUCT FOR CODE OFFICIALS, BY RAISING THE THRESHOLD FOR REQUIREMENT OF A BUILDING PERMIT, BY CREATING THE BUILDING CODE COUNCIL RESIDENTIAL CODE COMMITTEE AND THE BUILDING CODE COMMITTEE, BY REQUIRING INTERNET POSTING OF CERTAIN COUNCIL DECISIONS AND INTERPRETATIONS, BY CLARIFYING THAT INSPECTION FEES COLLECTED BY CITIES AND COUNTIES MAY ONLY BE USED TO SUPPORT THE INSPECTION DEPARTMENT, AND BY REQUIRING THAT INSPECTIONS BE PERFORMED IN FULL AND IN A TIMELY MANNER AND INSPECTION REPORTS TO INCLUDE ALL ITEMS FAILING TO MEET CODE REQUIREMENTS, BY AUTHORIZING INSPECTIONS OF COMPONENTS OR ELEMENTS OF BUILDINGS CERTIFIED BY LICENSED ARCHITECTS OR LICENSED ENGINEERS, AND BY EXEMPTING CERTAIN COMMERCIAL BUILDING PROJECTS FROM THE REQUIREMENT OF A PROFESSIONAL SEAL. Enacted July 13, 2015. Effective October 1, 2015.


  • Summary date: Jun 25 2015 - More information

    Senate amendment #2 makes the following changes to the 5th edition, as amended.

    Amends subsection (c), as enacted in this act, to GS 153A-352, which pertains to the duties and responsibilities of a county inspection department and its inspectors. Provides that for a county to accept and approve, without additional responsibility to inspect, a design or other proposal for a component or element in the construction of buildings from a licensed architect or engineer, there are conditions that must all apply. Amends one of those conditions to clarify that field inspection of the installation or completion of the construction component or element of the buildings (was, installation or completion of construction) is to be performed by that licensed architect or licensed engineer.

    Makes an identical change to subsection (c), as enacted in this act, in GS 160A-412, pertaining to a city.


  • Summary date: Jun 25 2015 - More information

    Senate amendment makes the following changes to the 5th edition.

    Amends GS 143-136(c) to provide that there are to be seven (was, six) members on the Residential Code for One- and Two-Family Dwellings Committee that is created in this act. Specifies that the additional member is to be the municipal or county building inspector.


  • Summary date: Jun 24 2015 - More information

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

    Amends the long title. 

    Amends GS 143-136 concerning the Building Code Council, providing that the appointment of the member to the Building Code Council that is required to be an active member of the NC Fire Service with expertise in fire safety must be made based on the recommendation of the NC State Firemen's Association. 

    Amends proposed GS 143-141(c1) to require the Department of Insurance to post and maintain on its website, in the areas devoted to the Council, all appeal decisions, interpretations, and variations of the Code issued by the Council within 10 business days of issuance (previously, required the posting of such information within three business days).

    Amends GS 143-138.1(b) to require the Department of Insurance to post and maintain, on its website in the areas devoted to the Council, written commentaries and interpretations made and given by Council staff and the Department for each section of the Code within 10 business days of issuance (previously, required the posting of such information within three business days). 

    Amends GS 153A-352 and GS 160A-412 concerning the duties and responsibilities of county and city inspectors and inspection departments, deleting language that required inspectors to conduct full inspections and provide permit holders with complete lists of all items that fail to meet the requirements of the Code for One- and Two-Family Dwellings and replacing it with the requirement that inspectors conduct all inspections requested by a permit holder for each scheduled inspection visit. Further requires the inspector to inform the permit holder of instances where the work inspected is incomplete or fails to meet requirements of the NC Residential Code for One- and Two-Family Dwellings. 

    Adds a new section amending GS 153A-352 and GS 160A-412 as follows. Requires counties and cities to accept and approve, without further responsibility to inspect, a design or other proposal for a component or element in the construction of a building from a licensed architect or engineer if (1) the submission is completed under valid seal of the architect or engineer, (2) field inspection of the installation or completion of construction is performed by the architect or engineer, and (3) that architect or engineer provides a signed document stating the component or element of the building inspected is in compliance with the NC State Building Code or the NC Residential Code for One- and Two-Family Dwellings. Discharges the county, city, their inspection departments, and inspectors from any duties and responsibilities with respect to the component or element in the building construction when the signed document is accepted and approved. Makes clarifying changes. Makes conforming changes to GS 153A-356 and GS 160A-416.

    Adds language exempting commercial building projects having a total value of less than $90,000 and a total project area less than 2,500 square feet from the requirement for a professional architectural seal.


  • Summary date: Apr 14 2015 - More information

    House amendments make the following changes to the 3rd edition.

    Amendment #1

    Amends the membership of the Building Code Committee to be nine members (was, eight members). Provides that one of the members of the Committee must be a licensed general contractor. 

    Amendment #2

    Adds language to proposed GS 143-136(c) and (d) concerning recommendations by the Residential Code Committee and the Building Code Committee, providing that the Building Code Council can accept, reject, or amend any recommendation provided that such changes are germane.  

    Amendment #3

    Amends the membership of the Residential Code Committee to be six members (was, five members). Provides that one of the members of the Committee must be a fire service representative.


  • Summary date: Apr 14 2015 - More information

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

    Changes the long title.

    Amends GS 153A-357 (counties) and GS 160A-417 (municipalities) concerning permits, deleting proposed changes to the section which made organizational and technical changes and provided that counties must review and approve building plans submitted for any nonresidential structure pursuant to the NC Building Code. Also deletes language that provided that a city or county cannot require its review and approval of plans for structures subject to the Code for One- and Two-Family Dwellings. Replaces references to a registered architect or engineer with licensed architect or engineer

    Amends GS 143-136 concerning the creation of the Building Code Council, making technical changes. Adds new subsection (d) creating the Building Code Committee (Committee) within the Building Code Council comprised of eight members as specified. Establishes committee rules and procedures and tasks the Committee with oversight of revisions and amendments to the Building Code, as provided. 

    Amends GS 143-138(d), making conforming and clarifying changes.


  • Summary date: Mar 31 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 143-138(b5) to provide that no building permit is required under the NC Building Code (Code) or any local variance approved under subsection (e) for construction, installation, repair, replacement, or alteration costing $15,000 (was, $10,000) or less in any single family residence or farm building unless specified work is performed.

    Amends GS 153A-357 concerning permits, providing that counties must review and approve building plans submitted for any commercial and multifamily structure (was, any nonresidential structure) pursuant to the Code. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $15,000 (was, $10,000) or less in any single-family residence or farm building unless specified work is performed.

    Amends GS 160A-417, providing that cities must review and approve building plans submitted for any commercial and multifamily structure (was, for any nonresidential structure) pursuant to the Code. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $15,000 (was, $10,000) or less in any single-family residence or farm building unless specified work is performed.

    Amends GS 153A-354 and GS 160A-414, concerning financial support of county and city inspection departments, making clarifying changes.

    Changes the effective date to October 1, 2015 (was effective July 1, 2015). 

     

     


  • Summary date: Mar 17 2015 - More information

    Amends GS 153A-360 and GS 160A-420 to provide language that ensures compliance with requirements that the North Carolina Building Code Council (Council) must approve or disapprove requests from a county or city for additional inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two-Family Dwellings. 

    Directs the Council to study procedures and policies for the approval of alternative materials, designs, or methods. Sets out three elements that must be covered in the study, including the alternate methods application process. Provides for staff support to come from the Engineering Division of the Department of Insurance. Requires the Council to submit findings and recommendations to the 2016 Regular Session of the 2015 General Assembly. 

    Enacts new GS 143-151.8(c) in the definitions section for Article 9C, North Carolina Code Officials Qualification Board, setting out and defining the terms willful misconduct and gross negligence or gross incompetence, setting out conduct or actions that are included, such as the habitual failure to provide requested inspections in a timely manner. Requires the North Carolina Code Officials Qualification Board, no later than October 1, 2015, to notify all Code enforcement officials in the state of the clarification to the grounds for disciplinary action enacted by this act. 

    Amends GS 143-138(b5) to provide that no building permit is required under the NC Building Code (Code) or any local variance approved under subsection (e) for construction, installation, repair, replacement, or alteration costing $10,000 (was, $5,000) or less in any single family residence or farm building unless specified work is performed. 

    Recodifies GS 153-357(a2), concerning permits, as GS 153-357(a3) (appears to intend GS 153A-357). 

    Amends GS 153A-357 concerning permits, making organizational and technical changes and providing that counties must review and approve building plans submitted for any nonresidential structure pursuant to the Code (previously, did not require but allowed a county to review and approve residential building plans submitted). Adds new language that provides that a county cannot require that it review and approve plans for the construction of structures subject to the Code for One- and Two-Family Dwellings, except that the county can require building plans to be available on site during the inspection process. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $10,000 (was, $5,000) or less in any single-family residence or farm building unless specified work is performed.

    Recodifies GS 160-417(a2), concerning permits, as GS 160-417(a3) (appears to intend GS 160A-417).

    Amends GS 160A-417, concerning permits, making organizational and technical changes and providing that cities must review and approve building plans submitted for any nonresidential structure pursuant to the Code (previously, did not require but allowed a county to review and approve residential building plans submitted). Adds new language that provides that a city cannot require that it review and approve plans for the construction of structures subject to the Code for One- and Two-Family Dwellings, except that the city can require building plans to be available on site during the inspection process. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $10,000 (was, $5,000) or less in any single-family residence or farm building unless specified work is performed. 

    Enacts new GS 143-136(c) to create a Residential Code for One- and Two-Family Dwellings Committee (Committee) within the Building Code Council. Provides that the membership will be five specific members of the Council and that the licensed general contractor specializing in residential construction will serve as chair of the committee. Provides that the Committee is tasked with reviewing revisions or amendments to the Residential Code for One- and Two-Family Dwellings and that such changes can only be considered by the Council after recommendation by the Committee. Provides further responsibilities of the Committee, including considering appeals or interpretations arising under GS 143-141 and overseeing the process by which the Council conducts revisions pursuant to GS 143-138(d). 

    Amends GS 143-138(d) making a conforming change and deleting language that required the Council to post appeal decisions and formal opinions on the Council's website. 

    Enacts new GS 143-141(c1) requiring the Department of Insurance to post and maintain on its website, in the areas devoted to the Council, all appeal decisions, interpretations, and variations of the Code issued by the Council within three business days of issuance. Amends GS 143-138.1(b) to establish that the Department of Insurance must post and maintain, on its website in the areas devoted to the Council, written commentaries and interpretations made and given by Council staff and the Department for each section of the Code within three business days of issuance. 

    Amends GS 153A-354 and GS 160A-414, concerning financial support of county and city inspection departments, to provide that all fees collected pursuant to the provisions of the respective sections must be used for supporting activities of the inspection department.

    Amends GS 153A-352 and GS 160A-412 concerning the duties and responsibilities of county and city inspectors and inspection departments, clarifying that they include making necessary inspections in a timely manner. Adds new language that requires inspectors to conduct full inspections and provide permit holders with complete lists of all items that fail to meet the requirements of the Code for One- and Two-Family Dwellings. 

    Effective July 1, 2015.  


© 2020 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view