Bill Summary for H 489 (2021-2022)

Summary date: 

Apr 15 2021

Bill Information:

View NCGA Bill Details2021
House Bill 489 (Public) Filed Thursday, April 1, 2021
AN ACT TO PROVIDE VARIOUS BUILDING CODE AND DEVELOPMENT REGULATORY REFORMS.
Intro. by Brody, Riddell, D. Hall, Hunter.

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Bill summary

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. 

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