Bill Summary for H 853 (2021)

Summary date: 

Aug 19 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 to the 2nd edition makes the following changes.

Eliminates proposed GS 160D-403.1, which prohibited 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. Instead, adds substantively similar provisions to subsection (g) of GS 160D-403, concerning the issuance of certificates of occupancy, except now prohibits conditioning the issuance of a certificate of occupancy on the imposition of any additional requirement (rather than 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. 

Eliminates proposed GS 160D-407, which established eight requirements that apply to a local government's evaluation and approval of permits related to site construction and land use permitting. 

Enacts GS 160D-402.1, requiring local governments to complete an administrative review of an application for development approval and any supporting documents within 30 days of receipt within the following procedural requirements. Requires the local government to make an administrative decision that either (1) notifies the developer in writing that the application is complete and no further information is required for an approval determination or (2) notifies the developer in writing that the application is deficient, identifying each deficiency by specific basis and what would be deemed corrective for each. Allows deficiency notices to make recommendations that must be clearly designated as advisory; bars local governments from requiring recommendations as a condition for an approval determination. Allows a developer notified of a deficient application to correct the deficiency and resubmit the application; submit a written explanation for each deficiency and request another administrative review, which must be completed within 10 business days; or appeal the decision pursuant to state law. Requires the local government to review a corrected application within 10 business days of receipt and notify the developer in writing whether the application is complete. Requires resubmitted applications that alter the application with respect to matters unrelated to identified deficiencies to be treated as new applications.

Changes the effective date of the statutory changes in the act amending GS Chapter 160D, to January 1, 2022 (was, effective on the date the act becomes law), applicable to applications for development approvals submitted on or after that date. Maintains that the conditional appropriation set forth in Section 3 of the act is effective on the date the act becomes law. 

Changes the act's long title. 

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