Bill Summary for H 853 (2021)

Summary date: 

May 11 2021

Bill Information:

View NCGA Bill Details2021
House Bill 853 (Public) Filed Tuesday, May 4, 2021
AN ACT TO LIMIT THE SCOPE OF REQUIREMENTS FOR CERTIFICATES OF OCCUPANCY FOR COMMERCIAL BUILDINGS, TO CLARIFY PROCEDURES FOR ADMINISTRATIVE REVIEW BY LOCAL GOVERNMENTS OF APPLICATIONS FOR DEVELOPMENT APPROVALS, AND TO APPROPRIATE FUNDS TO THE NORTH CAROLINA BUILDING CODE COUNCIL TO CONDUCT CERTAIN COST-BENEFIT ANALYSES.
Intro. by Brody, Moffitt, Zenger.

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Bill summary

House committee substitute deletes the content of the 1st edition and replaces it with the following. 

Enacts GS 160D-403.1 to prohibit local governments from conditioning issuance of a certificate of occupancy on the imposition in the sealed commercial plans of any additional requirement other than those required by an applicable code when plans for commercial buildings are submitted under the seal of any licensed design professional and the plans are reviewed by the local government with development authority or by a private engineering or architectural firm contracted by the local government, if authorized. 

Enacts GS 160D-407, establishing eight requirements that apply to a local government's evaluation and approval of permits related to site construction and land use permitting. Includes (1) requiring all standards or requirements for issuance of a construction permit to be in writing and based on a policy, standard procedure, or ordinance adopted or authorized by the governing body and available to the public, such as formal land-use maps, capital improvement plans, or fiscally constrained road improvement requirements; (2) requiring the governing body to adopt a written policy, standard, procedure, or ordinance designating a department to establish a schedule (subject to board approval) that must be used by the department in reviewing permit applications, including a timeline to approve or deny a complete application, which must be made publicly available and published on its website, with exceptions permitted if noted in the required quarterly report to the governing board regarding schedule compliance; and (3) authorizing a local government to establish an online permit application and review process and to require its use.

Subject to HB 489 becoming law, appropriates $20,000 from the General Fund to the NC Building Code Council for 2021-22 to be used to implement the act.

Changes the act's long title. 

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