AN ACT TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE STATUTES GOVERNING THE CREATION AND ENFORCEMENT OF BUILDING CODES. Enacted July 20, 2017. Effective July 20, 2017.
Bill Summaries: H 252 BUILDING CODE REGULATORY REFORM.
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Tracking:
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Bill H 252 (2017-2018)Summary date: Jul 25 2017 - View Summary
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Bill H 252 (2017-2018)Summary date: May 31 2017 - View Summary
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 153A-352 (pertaining to counties) and GS 160A-412 (pertaining to cities) to require an inspector, for each requested inspection, to inform the permit holder of instances in which the work is incomplete or otherwise fails to meet the requirements of the North Carolina Residential Code for One- and Two-Family Dwellings or the NC Building Code (was, North Carolina Residential Code for One- and Two-Family Dwellings only).
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Bill H 252 (2017-2018)Summary date: Mar 29 2017 - View Summary
House amendments make the following change to the 2nd edition.
Amendment #1 replaces the proposed amendments to GS 153A-352 and GS 160A-412 with amendments that provide that other than what may be required by GS 153A-352(c) or GS 160A-412(c), respectively, no further certification by a licensed architect or engineer is required for any component or element designed and sealed by a licensed architect or licensed engineer for the manufacturer of the component or element under the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings.
Amendment #2 adds a section that amends GS 143-138(b4) to provide that building rules do not apply to therapeutic equine facilities, as defined, in addition to the currently listed types of buildings, effective when the act becomes law.
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Bill H 252 (2017-2018)Summary date: Mar 28 2017 - View Summary
House committee substitute makes the following changes to the 1st edition.
Makes clarifying and technical changes to the proposed changes to GS 153A-352(b) and GS 160A-412(b), providing that counties and cities may not adopt or enforce a local ordinance or resolution or any other policy (previously, prohibited the adoption of a new local ordinance or resolution or policy and the enforcement of an existing local ordinance, resolution, or policy) requiring inspections of buildings constructed in compliance with the North Carolina Building Code for One- and Two-family Dwellings in addition to those required by the North Carolina Building code, without first obtaining approval by the North Carolina Building Code Council.
Makes technical corrections to the proposed clarifying changes in GS 153A-352(c) and GS 160A-412(c).
Amends proposed GS 153A-352(f) and proposed GS 160A-412(f) to require inspection departments to implement a process (previously, to create a process) for informal internal review of inspection decisions made by department's inspectors, including, at minimum, initial review by the supervisor of the inspector, provisions on permits stating the inspector's contact information and notice of availability of informal internal review, and procedures for internal review of an inspector's decision. Removes the proposed December 1, 2017, deadline for inspection departments to implement a process for an informal internal review of inspection decisions by the department's inspectors. Adds an effective date of December 1, 2017, to these provisions.
Makes technical and organizational changes concerning the directive requiring inspection departments to annually submit reports by January 15 of each year, with the initial report to be submitted by January 15, 2018. Adds that these reporting provisions are effective January 1, 2018, and as previously provided, expire June 30, 2022.
Amends the proposed changes to subsections (c) and (d) of GS 143-136, authorizing a committee within the Building Code Council to review any proposal for revision or amendment to any other code applicable to residential construction, or commercial or multi-family construction (previously, any other current or future code applicable to residential construction, or commercial or multi-family construction; currently authorized to review an enumerated list of codes).
Amends proposed subsection (b) of GS 143-140, providing that if an interpretation under the statute or under GS 143-141(b) changes after a building permit is issued, the permit applicant can choose which version of the interpretation will apply to the permit unless the choice would cause harm to life or property (previously, prohibited the enforcement agency from applying interpretations issued under the statute or under GS 143-141(b) to construction begun under a validly issued permit at the time the agency provides the interpretation).
Amends the proposed added provisions to GS 143-355.4(a), to more specifically exempt from the requirement of separate meters for new in-ground irrigation system lots with privately-owned septic tanks systems or other types of privately-owned innovative on-site wastewater systems if a lockable cutoff valve approved by the water system and a testable backflow prevention device approved by the water system for the appropriate level of risk associated with the irrigation system or other identified risk are installed on the water supply line for the irrigation system (previously, exempts lots with septic tank systems or other types of innovative on-site wastewater systems if a lockable cutoff valve and a backflow prevention device are installed on the water supply line for the irrigation system within 12 inches of the connection to the water meter). Requires the lockable cutoff value to be installed on the water supply line for the irrigation system within 24 inches of the water meter and the testable backflow device to be installed on the water supply line for the irrigation system.
Makes organizational changes to the act's provisions.
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Bill H 252 (2017-2018)Summary date: Mar 2 2017 - View Summary
Section 1 amends GS 153A352(b) and GS 160A412(b). Adds language clarifying that counties and cities may not adopt a new local ordinance or resolution or any other policy, or enforce an existing local ordinance, resolution, or policy, requiring inspections of buildings constructed in compliance with the North Carolina Building Code for One and Twofamily Dwellings in addition to those required by the North Carolina Building code, without first obtaining approval by the North Carolina Building Code Council.
Section 2 amends GS 153A352(c) and GS 160A412(c). Adds language authorizing persons under the direct supervisory control of the licensed architect or licensed engineer submitting a design or other proposal for the construction of buildings to perform field inspections of the installations as required by the subsection, and clarifies that the licensed architect or licensed engineer submitting the design must provide the required signed written statement of compliance.
Section 3 enacts new GS 153A352(e) and GS 160A412(e). Directs that no certification by a licensed architect or engineer is required for components or elements engineered by their manufacturer when the manufacturer has certified the components or elements comply with the North Carolina State Building Code or the North Carolina Residential Code for One and TwoFamily Dwellings.
Enacts new GS 153A352(f) and GS 160A412(f). Directs inspection departments, no later than December 1, 2017, to create a process for informal internal review of inspection decisions made by department's inspectors, including, at minimum, initial review by the supervisor of the inspector, provisions on permits stating the inspector's contact information and notice of availability of informal internal review, and procedures for internal review of an inspector's decision. Does not abrogate rights under GS Chapter 150B to a permit holder or applicant.
Directs each inspection department to annually report to the Joint Legislative Committee on Local Government, no later than January 15, beginning in 2018, on the implementation of the informal internal review process required by new GS 153A352(f) and new GS 160A412(f), including the number of times the informal review process was utilized and the outcome of the review. Authorizes individual inspection departments to meet this requirement through a report by an organization of cities or counties on behalf of the organization's members. Expires June 30, 2022.
Section 4 amends GS 143136(c). Authorizes a committee within the Building Code Council to review any proposal for revision or amendment to any current or future code applicable to residential construction (currently authorized to review an enumerated list of codes). Makes conforming changes.
Section 5 amends GS 143140. Directs enforcement agencies not to apply interpretations of the North Carolina State Building Code to construction begun under validly issued permits at the time the agency provides the interpretation. Makes technical changes.
Section 6 amends GS 143355.4(a) (requiring separate water meters for new inground irrigation systems). Exempts lots with septic tank systems or other types of innovative onsite wastewater systems if a lockable cutoff valve and a backflow prevention device are installed on the water supply line for the irrigation system within 12 inches of the connection to the water meter.
Effective October 1, 2017.