Bill Summary for H 488 (2023-2024)

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Summary date: 

Mar 30 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 488 (Public) Filed Monday, March 27, 2023
AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL, TO AMEND VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS, AND TO INCREASE THE PROJECT COST MINIMUM FOR APPLICABILITY OF GENERAL CONTRACTOR LICENSING REQUIREMENTS.
Intro. by Brody, D. Hall, Cotham, Riddell.

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Bill summary

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

Section 1

Amends GS 160D-706(b) (pertaining to zoning conflicts with other development standards) to expand the scope of state agency rules that local governments must look to to make sure that they have not adopted certain terms that are inconsistent with those provisions to include the Residential Code Council. Makes conforming change to update reference to Building Code Council.

Amends GS 160D-1104(d) (pertaining to local government power to require certain residential inspections) to require a local government to obtain approval from the Residential Code Council (currently, Building Code Council) for certain additional inspections. Transfers authority to review applications for additional inspections from the Building Code Council to the Residential Code Council. Makes conforming change to update reference to Building Code Council and North Carolina State Building Code.

Amends GS 160D-1114 (pertaining to appeals of stop orders) and GS 160D-1127 (appeals from a local inspection department pertaining to the North State Building Code or other State building laws) to allow for a subsequent appeal after a determination by the Commissioner of Insurance to either the Building Code Council or the Residential Code Council created by the act (currently, can only take subsequent appeal to the Building Code Council). Also makes conforming changes to update references to North Carolina State Building Code.

Makes conforming changes to GS 160D-102(14), GS 160D-915, GS 160D-1001(c), GS 160D-1103, GS 160D-1110, and GS 160D-1112 to update reference to the North Carolina State Building Code, North Carolina Electrical Code, or North Carolina Residential Code. Makes organizational changes to Section 1 to allow for new subsections.

Adds new Section 1A requiring the Department of Insurance (Department), in conjunction with the Building Code Council to report to the specified chairs of the NCGA Committees and submit recommendations for legislative changes necessary to implement the reorganization of the Building Code Council, the creation of the Residential Code Council, and clarifications of statutory references to the North Carolina State Building Code and its volumes under Section 1 of this Act. Requires the report to include recommended statutory changes, subject matter clarifications, and any additional information the Department deems relevant.

Section 2

Makes technical change to the effective date of Section 2 (pertaining to changes to GS 143-138 and GS 160D-1110).

Section 6

Changes the proposed amendments to the R402 Rules set forth in Section 6 to change references from “air-permeable” to “air-impermeable.”

Section 12

Amends GS 160A-317(a) (pertaining to a city’s power to require connections to water or sewer services) to limit a city’s power to require a developed property to connect to its sewer line to when the city has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection.  Makes organizational changes.