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

Section 1.1

Modifies new GS 130A-330, pertaining to local authority to require backflow preventers, as follows. Clarifies that a local government public water system cannot require a customer to install a backflow preventer on an existing nonresidential or residential connection, including multifamily dwellings not otherwise required by law (currently, just can’t require installation except where installation is required by federal law). Modifies the exception to those instances where the degree of hazard is determined to be high (was, severe) only by the Department of Environmental Quality (currently, Department and the system). Defines high hazard and removes defined term severe hazard. Adds the NC Fire Code as one of the codes that the limitations above cannot be construed to prohibit installations of backflow preventers under the requirements of the code if one of the listed triggering events occurs. Adds change in use of the property served by the connection as another triggering event. Clarifies what types of retrofits or upfit/fit-up to plumbing or increases in water flow do not necessitate a backflow preventer.

Provides for immunity to a public water system owned or operated by a local government unit, and its employees, including the Cross Connection Control Operator in Responsible Charge from civil liability in tort from any loss, damage, or injury arising out of or relating to the backflow of water into potable water supply systems where a backflow preventer is not required by State or federal law, or where the degree of hazard from the customer's connection is not determined to be high by the Department. Requires the Department to determine whether the degree of hazard is high when it is not required by State or federal law and to post notice of such determinations on its website. Allows public water systems owned or operated by a local government from requiring the installation of a backflow preventer if the system pays all costs, including the device, installation, and appropriate landscaping. Includes the Department’s determinations of high hazards as one of the defined rules in the APA.  

Makes technical and organizational changes.

Section 1.4

Changes the deadline for a local government to perform its review of residential building plans (if it chooses to do so) under GS 160D-1110(b) from 15 days to 20 business days of submission of the plans. Makes technical changes.

Section 1.5

Amends the street lighting fixtures excluded from public safety issues under GS 160D-1110(h) to require that a developer submit an affidavit to a local government detailing why the site improvements are not complete, the expected date of completion and compliance, and a statement promising to complete the required site improvements if they have not completed all required site improvements at the time of issuance of a certificate of occupancy.  

Section 1.9

Removes amendments to GS 160D-804, pertaining to remote residential parking facilities.

Section 1.11 (was, Section 1.12)

Removes requirement in new GS 160D-1501 for a permit holder receiving a temporary certificate of occupancy for a model home to post signage indicating that those bathrooms do not work. Makes technical changes.

Section 2.2

Clarifies that as part of the act’s Fire Resistance for Exterior Wall Rule, that any separation of an exterior end wall of a townhouse building less than six feet must provide a minimum cumulative fire-resistance rating of two hours.  

Section 3.5

Removes provisions amending to GS 83A-7 (qualifications and examination requirements for architect licensure).

Section 4.4

Amends definition of private compliance inspector to remove local health department as one of the persons who would be private compliance inspector hired by the owner of a wastewater system under 90A-71. Specifies that the inspector must be hired to perform a compliance inspection (was, inspection).

Amends GS 90A-72 (certification requirements), as follows. Prevents any person from conducting an evaluation or offer to conduct the services authorized in GS 130A-336.2(a) (was, Article 11 of GS Chapter 130A) without being certified as an Authorized On-Site Wastewater Evaluator. No person shall conduct or offer to conduct a private compliance inspection of an on-site wastewater system for compliance with the designs of a Construction Authorization issued pursuant to GS 130A-335(a5) (was, issued by local government) or a Notice of Intent to Construct issued pursuant to GS 130A-336.1 or GS 130A-336.2 unless certified as a Private Compliance Inspector or pursuant to GS 130A-337(a1). Requires the Private Compliance Inspector to obtain written consent from the professional engineer pursuant to GS 130A-336.1 or the Authorized On-Site Wastewater Evaluator pursuant to GS 130A-336.2 prior to conducting the compliance inspection.

Amends the inspector certification application requirements under GS 90A-77 (certification requirements) to allow, in lieu of the experience required by the statute, for the applicant to instead complete the approved education requirements for the grade IV contractor certification. Amends five years of experience that a private inspector applicant is required to have to include experience in on-site wastewater matters as part of the experience.

Changes the expiration date under GS 90A-78 for certifications issued under Article 5 of GS Chapter 90A from November 15 to December 31. Requires certified individuals to submit their renewal by November 15 each year.

Sets an effective date for the changes implemented by Section 4.4 of January 1, 2025.

Section 4.5

Includes GS 130A-337(a1) as one of the statutory sections that GS 130A-337(a2) trumps. Makes conforming change to account for changes to GS 90A-72. Adds a requirement that the Private Compliance Inspector obtain written approval from the professional engineer or Authorized On-Site Wastewater Evaluator prior to conducting the compliance inspection as one of the criteria that must be met for an applicant to contract such an inspector. Removes two business day deadline for delivery of a completed compliance inspection form as part of the inspection form criteria that a Private Compliance Inspector must meet so that an applicant can contract with such an inspector. Includes professional engineers or Authorized On-Site Wastewater Evaluators, as applicable, as persons who the Private Compliance Inspector may need to deliver the form to.

Specifies that the changes to GS 130A-337 are effective January 1, 2025.

Section 4.9

If Senate Bill 508, 2023 Regular Session becomes law makes the following changes:

• Changes the required materials that an owner of a wastewater system must submit as part of the professional engineer’s report under GS 130A-336.1(l) (alternate process for wastewater approval) to include a signed document from the licensed soil scientist or licensed geologist releasing their soils report to be used in obtaining a permit. Provides for date-stamping of the professional engineer’s report by the local health department upon submission. Requires the local health department to notify the appropriate inspections department of the acceptance of the professional engineer’s report and a Certificate of Occupancy must be issued.
• Removes the required fee provisions under GS 130A-336.2 as amended,(alternative wastewater system approvals for nonengineered systems) and provides for date-stamping of the Authorized On-Site Wastewater Evaluator’s report by the local health department upon submission. Requires the local health department to notify the appropriate inspections department of the acceptance of the report and a Certificate of Occupancy must be issued.
• Amends GS 130A-336.1(o)/GS 130A-336.2, as amended (changes in system ownership), to specify that a Notice of Intent to Construct is not transferrable to a new owner without the written consent of the professional engineer (GS 130A-336.1) or the Authorized On-Site Wastewater Evaluator (GS 130A-336.2). Specifies that the wastewater systems’ Authorization to Operate will be transferred to a new owner. Makes conforming changes so that the statutes reflect the changes made by Senate Bill 508, 2023 Regular Session.

Section 4.19

Clarifies that as part of the act’s Licensed or Certified Professionals Rule, that prior to the issuance of an Improvement Plan or Construction Authorization, a signed and sealed consent form from the licensed soil scientist or licensed geologist required by the must be attached to the plans and specifications submitted to the local health department. 

Section 4.27

Makes technical changes to the Tank Leak Testing and Installation Requirements Rule.

Section 4.30

Clarifies that as part of the act’s Large Diameter Pipe Systems Rule, that the measurement to determine when fats, oils, and grease from a food service establishment exceed the limit of domestic strength effluent should be taken as it enters the dispersal product.

Section 4.31

Clarifies that as part of the act’s Prefabricated Permeable Block Panel Systems Rule, that the measurement to determine when fats, oils, and grease from a food service establishment exceed the limit of domestic strength effluent should be taken as it enters the dispersal product.

Section 5.1

Amends GS 143-136 (membership of the Building Code Council [BCC]) the membership requirement of one of the members appointed by the governor so that instead of being a representative of the NC Office of the State Fire Marshal, they are a certified Level III Code Official. Allows for each appointing authority to remove any member of the BCC that they appointed for misfeasance, malfeasance, or nonfeasance. Makes conforming changes.

Section 5.2

Amends GS 143-136.1 (Residential Code Council [RCC]) so that each appointing authority can remove any member of the RCC that they appointed for misfeasance, malfeasance, or nonfeasance. Makes conforming changes.

Removes Sections 6.1-6.3, provisions pertaining to the extraterritoriality of jurisdiction within Moore County.

Makes organizational changes. Makes conforming changes to the act’s long title.