Bill Summaries: H675 2019 BUILDING CODE REGULATORY REFORM.

Tracking:
  • Summary date: Jul 29 2019 - More information

    AN ACT TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE STATUTES GOVERNING THE CREATION AND ENFORCEMENT OF BUILDING CODES. SL 2019-174. Enacted July 26, 2019. Sections 3 and 9-12 are effective July 26, 2019. The remainder is effective October 1, 2019.


  • Summary date: Jun 19 2019 - More information

    Senate committee substitute to the 4th edition makes the following changes. Removes the changes to GS 143-355.4 that added requirements concerning the installation of any required testable backflow preventer and made related changes. 

    Amends GS 87-21 by adding a requirement that the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors establish and issue a residential Fire Sprinkler Design license under which a person with the appropriate Residential Fire Sprinkler Contractor license can design and install the proper multipurpose fire sprinkler system. Effective October 1, 2019. 

    Makes additional technical changes. 


  • Summary date: Apr 29 2019 - More information

    House amendment #1 makes the following changes to the 3rd edition.

    Makes a clarifying change to proposed GS 160A-413.5(a1).


  • Summary date: Apr 26 2019 - More information

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

    Amends GS 143-355.4 to also allow the property owner's designee to select and install an appropriate testable backflow preventer. Makes conforming changes. 


  • Summary date: Apr 25 2019 - More information

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

    Makes organizational changes to the proposed changes to GS 160A-413.5(a)(3). Now requires the licensed architect or engineer's certification of compliance with the Building Code or Residential Code to include the contractor's license number and the street address of the job location (was, only the contractor's name, and the job location and street address). Makes further conforming and clarifying changes. Modifies subsection (d) to include in the examples given of a component, a foundation and a prepared underslab with slab-related materials without concrete. Deletes the proposed additions to the definition of component in GS 160A-413.5(d)(1).

    Modifies proposed GS 160A-372(f1) (concerning city subdivision control ordinances) and GS 153A-331(f1) (concerning county subdivision control ordinances) to prohibit an ordinance from requiring a developer or builder to bury power lines that existed above ground (previously did not specify above ground) at the time of the first approval (rather than submission) of a plat or development plan to the city or county that are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan. Makes technical changes. Modifies the proposed changes to GS 160A-381 and GS 153A-340 to clarify that a city or county zoning ordinance cannot set a minimum square footage of any structures subject to regulation under the Residential Code for One- and Two-Family Dwellings (previously referenced all of the limitations set out in proposed GS 160A-372(f1) and GS 153A-331(f1) respectively, including the limitations regarding power line burial). Makes clarifying and organizational changes. Changes the effective date for these provisions (Section 3 of the act) to July 1, 2019 (was, when the act becomes law).

    Modifies the proposed additions to GS 143-138. Now directs the Building Code Council to conduct a cost-benefit analysis for all proposed changes to the NC Energy Conservation Code considered after January 1, 2018 (was, of all proposed changes to the NC Energy Conservation Code based on a five-year period for calculating return on investment of the proposed change and the impacts of the proposed change on the energy efficiency of the entire structure). Limits the permitting exception under the Building Code or any approved local variant for any construction, installation, repair, replacement, or alteration of temporary motion picture, television, and theater stage sets and scenery to those being used for less than one year in one location. Also requires inspection of the stage sets and scenery by the assigned fire code inspector. Directs the Building Code Council to create a fire code inspection checklist. Makes organizational changes.

    Eliminates the directive for the Building Code Council to study options for use by builders of demolition debris for additional uses at the construction site.

    Deletes the proposed changes to GS 160A-423 and GS 153A-363 and instead adds a new subsection to each statute to allow a permit holder to request and be issued a temporary certificate of occupancy so long as the conditions and requirements of the Building Code are met (previously, prohibited cities and counties from adopting or enforcing a local ordinance, resolution, or any other policy that requires compliance with any conditions or requirements other than those required by the Building Code for a temporary certificate of compliance). Makes conforming changes and makes language gender-neutral.

    Modifies and adds to the proposed changes to GS 160A-417 and GS 153A-357. Specifies that the statutes do not require a city or county to review and approve proposed residential building plans submitted to it pursuant to the Building Code (previously referenced plans submitted pursuant to a specific section of the Code). Now requires a city or county to perform a review, if it chooses, of residential building plans within 15 business days of the submission (was, within two days of the submission of sealed plans by an engineer or architect, or within five days of submission for all others). Additionally, prohibits cities and counties from requiring building plans for One- and Two-Family Dwellings to be sealed by a licensed engineer or architect unless required by the Building Code. Makes clarifying changes.

    Deletes the proposed changes to GS 83A-13 to exempt from architectural license specifications for certain institutional or commercial buildings.

    Modifies the proposed changes to GS 143-355.4 to now require the property owner to select and install a testable backflow preventer (rather than prevention device) appropriate for the level of risk associated with the irrigation system and which meets the Plumbing Code requirements (previously, that meets the Plumbing Code requirements for the appropriate level of risk or other identified risk associated with the irrigation system) when required as part of the separate meter required by the statute. Makes conforming changes. Changes the effective date of these changes to July 1, 2019 (rather than October 1, 2019), and makes the changes applicable to existing municipal or county ordinances. Further, deems void and unenforceable any municipal or county ordinance inconsistent with the changes.

    Changes the effective date of the proposed extension of the sunset of Section 6 of SL 2018-29 from October 1, 2019, to the date the act becomes law.

    Directs the Department of Insurance to issue a guidance paper by October 1, 2019, to promote uniformity in plan review and interpretations of the Building Code for cities and counties that require review of building plans for structures subject to regulation under the Residential Code for One- and Two- Family Dwellings. Effective when the act becomes law.

    Concerning the Building Code Council's study of additional uses of debris at construction sites, requires the Council to consult with the Department of Environmental Quality. Modifies the study provisions to more generally refer to "debris" rather than "demolition debris." Changes the effective date to the date the act becomes law (was, October 1, 2019).

    Makes conforming and organizational changes to the act.


  • Summary date: Apr 10 2019 - More information

    Amends GS 160A-413.5(3), which requires a city to accept a design or proposal for a component or element in the construction of building from a licensed architect or engineer if three criteria are met. Modifies the criteria of a written, signed inspection certification to require the certification be made on a form created by the NC Building Code Council (Council) with the information specified, and prohibits the city from requiring additional information than that specified. Makes clarifying changes.

    Amends GS 160A-413.5(d)(1) to add a foundation and underslab materials and equipment to the example provided of a component.

    Amends GS 143-151.13(b) to add residential changeout inspector to the standard certificates available for Code-enforcement officials issuable by the NC Code Officials Qualification Board. 

    Amends GS 160A-372, concerning city subdivision control ordinances, to prohibit an ordinance from requiring a developer or builder to bury power lines that existed at the time of the first submission of a plat or development plan to the city and are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan. Also prohibits the ordinance from setting a minimum square footage of any structures subject to regulation under the NC Residential Code for One-and Two-Family Dwellings. Makes conforming changes to GS 160A-381(a). Makes identical changes to GS 153A-331 concerning county subdivision control ordinances. Makes conforming changes to GS 153A-340(c). Provides that any municipal or county ordinance inconsistent with these provisions is void and unenforceable.

    Amends GS 143-138 to establish that no permit is required under the Building Code or any local variant approved under subsection (e) (which provides for certain local variants to the Building Code) for any construction, installation, repair, replacement, or alteration of temporary motion picture, television, and theater stage sets and scenery.

    Further amends GS 143-138 to require the Council to conduct a cost-benefit analysis for all proposed changes to the NC Energy Conservation Code based on a five-year period for calculating return on investment of the proposed change and the impacts of the proposed change on the energy efficiency of the entire structure.

    Directs the Council to study options for the use by builders of demolition debris for additional uses at the construction site to decrease the volume of demolition debris sent to solid waste disposal facilities. Requires the Council to report to the 2020 Regular Session of the 2019 General Assembly when it convenes.

    Amends GS 160A-423 to prohibit a city from adopting or enforcing a local ordinance, resolution, or any other policy that requires compliance with any conditions or requirements other than those required by the Building Code for a temporary certificate of compliance. Makes identical changes to GS 153A-363 concerning counties. 

    Amends GS 87-13 to make it a Class 2 misdemeanor to falsely claim or suggest in connection with any business activities regulated by the State Licensing Board for General Contractors that a person, firm, or corporation is licensed under GS Chapter 87. 

    Amends GS 160A-417 to require a city to perform a review, if it chooses, of residential building plans within two days of the submission of sealed plans by an engineer or architect, or within five days of submission for all others. Makes identical changes to GS 153A-357 concerning counties. 

    Amends GS 83A-13 to exempt from architectural license for 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 $200,000 (was, $90,000) and the total building area does not exceed 5,000 (was, 2,500) square feet in gross floor area. Makes conforming changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $200,000 and a total project area less than 5,000 square feet.

    Amends Section 6(c) of SL 2018-29 to extend the sunset provision from October 1, 2019, to October 1, 2021, for GS 153A-352(g) and GS 160A-412(g), as enacted under the Section.

    Amends GS 143-355.4 to require the property owner to select and install a testable backflow prevention device which meets the Plumbing Code requirements, as specified, when required as part of the separate meter required by the statute. Makes conforming changes concerning testable backflow prevention devices on lots with privately owned septic systems. 

    Effective October 1, 2019.


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