Bill Summaries: H489 2021 BUILDING CODE AND DEV. REG. REFORM.

Tracking:
  • Summary date: Aug 31 2021 - More information

    AN ACT TO PROVIDE VARIOUS BUILDING CODE AND DEVELOPMENT REGULATORY REFORMS. SL 2021-121. Enacted Aug. 30, 2021. Effective Aug. 30, 2021, except as otherwise provided.


  • Summary date: Aug 17 2021 - More information

    Senate amendment makes the following changes to the 4th edition.

    Section 9

    Deletes the proposed changes to GS 160D-804 that required the Department of Transportation to add transportation improvements in such regulations intended to be designated as public to the State highway system for maintenance pursuant to specified State law within 90 days after receipt of the filing of the certificate of completion by the division engineer on record. 

    Instead, amends GS 136-102.6 by adding the requirement that the Board of Transportation (Board) approve the addition of subdivision street improvements designated as public to the State highway system for maintenance under the statute within 90 days after the Department Transportation (DOT) receives a petition for road addition and DOT determines those that those subdivision streets meet the Board's minimum standards. Effective January 1, 2022, applicable to petitions for road addition for subdivision street improvements submitted to the DOT on or after that date.


  • Summary date: Aug 4 2021 - More information

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

    Section 5

    Changes the effective date of the proposed changes to GS 113A-60, relating to local erosion and sedimentation control programs, from July 1, 2021, to October 1, 2021.

    Adds the following new content.

    Section 8

    Amends Section 4, SL 2020-61, which sets forth implementation directives for the Environmental Management Commission (EMC) with regard to the Permitting by Regulation for Building Sewer Systems Rule (Sewer Systems Rule), 15A NCAC 02T .0303, and requires EMC to adopt a rule consistent with the implementation directives stated. Revises the directives regarding permitted building sewers that serve a main building to now require EMC to implement the Sewer Systems Rule by also deeming permitted a building sewer that serves an accessory building on the same lot that is connected to the building sewer or building drain, as defined (was, building sewer only), for the main building and a sewer shared between a main building and an accessory building, if the building sewer that serves the accessory building and the shared sewer meet the criteria in the previously specified rule and all criteria for that system in the Sewer Systems Rule, with no other criteria required to satisfy 15A NCAC 02T. Adds a new requirement for the building sewer piping and the drain piping that connect the accessory building to the main building to comply with the applicable provisions of the 2018 NC Building Code. Makes technical and conforming changes. 

    Section 9

    Amends GS 160D-804, regarding contents and requirements of local government subdivision regulations, to require the Department of Transportation to add transportation improvements in such regulations intended to be designated as public to the State highway system for maintenance pursuant to specified State law within 90 days after receipt of the filing of the certificate of completion by the division engineer on record. Effective January 1, 2022. 


  • Summary date: May 6 2021 - More information

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

    Section 1

    Makes a technical change to the effective date of Section 1(c), which amends GS 87-13.1 regarding relief now required for the Licensing Board for General Contractors if the Board prevails in an injunctive action against violators of Article 1, which governs the licensing of general contractors. Adds that the changes apply to Board actions brought on or after the date the act becomes law.

    Section 4

    Revises the proposed changes to GS 160D-1104(d), which prohibits charging a fee for reinspection of additional violations of the Code noted by an inspection conducted during a subsequent inspection to verify completion or correction of instances of Code noncompliance if the additional violations are noted on items already approved by the inspections department. Now provides that the inspector noting additional violations in this circumstance may delay (was prohibited from delaying) the issuance of a temporary certificate of occupancy. 

    Section 5

    Modifies the proposed changes to GS 113A-60 as follows. Now prohibits development regulations and local erosion and sedimentation control plans from requiring a silt fence or other measure to be placed, or a wire-backed reinforced silt fence, which would not substantially and materially retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, due to the contour and topography of the site (was the natural contour and topography of the site).


  • Summary date: Apr 15 2021 - More information

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

    Section 4

    Deletes proposed GS 160D-1104(d1), which prohibited charging fees for follow-up inspections to verify completion or correction of additional violations of the NC Residential Code for One- and Two-Family Dwellings or the Building Code (Code) discovered during a follow-up inspection conducted to verify completion or correction of Code violations noted in a previous inspection, and the additional violations are within an area of work for which a final inspection has already been conducted. 

    Instead amends existing GS 160D-1104(d), enacting a similar provision to prohibit charging a fee for reinspection of additional violations of the Code noted by an inspection conducted during a subsequent inspection to verify completion or correction of instances of Code noncompliance if the additional violations are noted on items already approved by the inspections department. Adds that the inspector noting additional violations in this circumstance cannot delay the issuance of a temporary certificate of occupancy. 

    Section 5

    Now enacts one rather than two new subsections to GS 113A-54.1. Deems, for land-disturbing activity on a single-family residential lot involving new construction with land disturbance of less than one acre where the builder or developer is the land owner, the financial responsibility for land-disturbing activity transfers to the new owner upon the builder or developer's conveyance of the lot to the new owner, deed recordation, and notification of the office or local program that approved the erosion control plan. Eliminates the proposed provision prohibiting requiring additional erosion control measures for the development of a residential lot where an erosion control plan for the development phase in which the lot is located has received final inspection and approval. 

    Revises the proposed changes to GS 113A-54.2. Now deems that GS 113A-60, as amended, governs the local government authority to assess fees for the review (not review and approval) of erosion and sedimentation control plans. 

    Modifies the proposed changes to GS 113A-60. Now authorizes local governments to adopt ordinances establishing a fee for the review (not review and approval) of erosion and sedimentation control plans and related activities (no longer including inspections conducted pursuant to the plan). Revises the established fee parameters, now requiring the fee be calculated either on the basis of the number of acres disturbed, or in the case of a single family lot in a residential development or common plan of development that is less than one acre, set at up to $100 per lot developed (was either based on the number of acres disturbed or set at $1,000 per lot developed, with the method of calculation to be at the option of the person submitting the plan for review and approval). Now prohibits local governments from requiring a separate erosion control plan for development of individual residential lots within a development project which contains an approved erosion control plan for the entire development (previously referred to as a master erosion control plan) which disturb less than one acre, so long as the developer and the builder are the same financially responsible person (previously did not limit the restriction to lots disturbing land of less than one acre and condition the restriction on the developer and building being the same financially responsible person). Now sets forth 12 (was 11) specifications local governments can require for the review (not review and approval) of erosion control measures for a single family lot in a common plan of development where the developer and builder are different (previously allowed local governments to require these specifications for any such development, not just lots where the developer and builder are different). Adds an existing platted survey of the lots to the specifications local governments can require for such lots. Qualifies the permitted requirement of a sketch plan showing erosion control measures, now requiring the seal of a licensed engineer, landscape architect, or registered land surveyor of any design feature requiring such under federal or State law or regulation.

    Revises new GS 113A-61.1(d) to establish that the damage or destruction of a silt fence occurring during land-disturbing activities or ( was development) or construction on a development project cannot be assessed a civil penalty under Article 4 so long as the silt fence is repaired within the compliance period noted in the inspection report or Notice of Violation (previously not considered a violation of Article 4 so long as the silt fence is repaired or replaced within five working days of the inspection revealing the damage or destruction; did not provide for penalty prohibition). 

    Section 7

    Adds the following substantive provisions to the act. Directs enforcement officials enforcing the Building Code collection (Code) to implement the specified sections and tables of the Residential Code and the Plumbing Code relating to the water service pipe material and standard conformance requirements, by permitting the American Water Works Association C900 standard as an acceptable standard for polyvinyl chloride (PVC) plastic pipe. Requires the Building Code Council to adopt a rule amending the specified sections and tables of the Residential Code and the Plumbing Code consistent with the described directive. 


  • Summary date: Apr 5 2021 - More information

    Section 1

    Authorizes the State Licensing Board for General Contractors (Board) to use a criminal background check in determining a general contractor's application for licensure under GS 87-10; requires compliance with the provisions of GS 93B-8.1. Requires general contractors to consent to a criminal background check as part of licensing application requirements, as required by the Board and at the applicant's expense. Provides for information obtained from criminal background checks to be privileged, confidential, and not public record. Deems records, papers, and other documentation containing personal information collected or compiled by the Board in connection with an application for examination, licensure, certification, or renewal or reinstatement, or the subsequent update of information to be not be public records. Effective January 1, 2022, and applies to applications for licensure submitted on or after that date.

    Modifies GS 87-10.2 to require the Board to approve providers and instructors of continuing education courses for licensees and requires providers of the mandatory course to register Board-approved instructors affiliated with the provider to attend a training program established, approved, and administered by the Board. Regarding live instruction credit hours, adds that transmission of live approved presentation by an approved instructor is included. Makes changes to refer to approved providers throughout (instead of approved sponsor in some places). Directs the Board to ensure that all continuing education requirements can be satisfied by approved internet-based e-learning courses. Extends the Board's authority regarding disciplinary action for false continuing education certification to apply to qualifiers and qualifying parties in addition to licensees. Clarifies that the Board's duty to maintain and distribute educational coursework completion applies to required educational coursework. Requires annual requests to the Board for a licensee to place the licensee's license in an inactive status. Effective January 1, 2022, and applies to continuing education hours required on or after that date.

    Regarding the Board's authority to seek injunctive relief for violations of Article 1 and rules adopted thereunder, requires the court to award reasonable attorneys' fees of up to $5,000 plus the costs associated with obtaining the relief and the investigation and prosecution of the violation when the Board is successful in its action (previously authorized the court to award costs associated with the investigation and prosecution). 

    Directs the Board to adopt temporary and permanent implementing rules; excludes the Board from fiscal note requirements in adopting these rules. 

    Section 2

    Amends GS 143-138 to require the Building Code Council (Council) to conduct economic analysis or cost-benefit analysis of its own or that is submitted other than by the proponent of a proposed NC Building Code (Code) amendment or revision, excluding proposals for revision or amendments made upon motion of the Council or submitted by a State agency or political subdivision of the State. Updates statutory cross-references. Allows for rather than requires Council approval of local regulations approved by a local governing body which are found by the Council to be more stringent than the adopted statewide fire prevention code and regulate only activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion or related hazards, and do not conflict with the Code. 

    Section 3

    Amends GS 160A-306 to add to the requirements of any setback lines to require they be designed to provide that measurements for sight distances at street intersections begin within the roadway or edge of pavement of a proposed or existing street. Makes technical changes.

    Amends GS 160D-922 to provide that fees charged by local governments under their erosion and sedimentation control program are governed by GS 113A-60, as amended.

    Section 4

    Enacts GS 160D-1104(d1), prohibiting charging fees for follow-up inspections to verify completion or correction of additional violations of the NC Residential Code for One- and Two-Family Dwellings or the Code discovered during a follow-up inspection conducted to verify completion or correction of Code violations noted in a previous inspection, and the additional violations are within an area of work for which a final inspection has already been conducted. 

    Section 5

    Enacts two new subsections to GS 113A-54.1, which provide as follows. Deems the financial responsibility for land-disturbing activity on residential lots involving new construction owned by builders or developers to transfer to the new owner upon the builder or developer's conveyance of the lot to the new owner and deed recordation. Prohibits requiring additional erosion control measures for the development of a residential lot where an erosion control plan for the development phase in which the lot is located has received final inspection and approval. 

    Amends GS 113A-54.2 to deem that GS 113A-60, as amended, governs the local government authority to assess fees for the review and approval of erosion and sedimentation control plans. 

    Amends GS 113A-60 to authorize local governments to adopt ordinances establishing a fee for the review and approval of erosion and sedimentation control plans, inspections conducted pursuant to the plan, and related activities (was, review of the plan and related activities). Establishes fee parameters to require the fee be calculated on the basis of either the number of acres disturbed or set at up to $100 per lot developed, with the method of calculation at the option of the person submitting the plan for review and approval. Makes conforming and organizational changes. Enacts three new subsections, providing the following. Prohibits local governments from requiring a separate erosion control plan for development of individual residential lots within a development project which contains an approved master erosion control plan. Sets forth 11 specifications local governments can require for the review and approval of erosion control measures for such lot development. Establishes that, subject to federal law, local erosion control programs must provide that no periodic self-inspections or rain gauge installation is required on individual residential lots where less than one acre is being disturbed per lot, and, for a land-disturbing activity on more than one residential lot where the total land disturbed exceeds one acre, allow the person conducting the activity to submit a single erosion plan for all of the disturbed lots or submit for review and approval the erosion control measures of each individual lot as if under an approved erosion control plan. Prohibits development regulations and local erosion and sedimentation control plans from requiring a silt fence or other measure to be placed, or a wire-backed reinforced silt fence, which would not substantially and materially retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, due to the natural contour and topography of the site. Effective July 1, 2021, and applies to erosion control plans submitted for review and approval on or after that date. 

    Enacts GS 113A-61.1(d) to establish that the damage or destruction of a silt fence occurring during development or construction on a development project is not a violation of Article 4 so long as the silt fence is repaired or replaced within five working days of the inspection revealing the damage or destruction. 

    Section 6

    Requires the Council to implement Section D107 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 and Code enforcement official to not require an automatic sprinkler system in one- or two-family dwellings where there are fewer than 100 dwelling units on a single public or private fire apparatus access road with access from one direction. Requires the Council to adopt amendments consistent with this directive, as specified. 


  • Summary date: Apr 1 2021 - More information

    To be summarized.


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