Bill Summary for H 488 (2023-2024)

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Summary date: 

Jun 20 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

Senate committee substitute to the 5th edition makes the following changes.

Section 1.

Amends GS 143-138(d) (State Building Code [Code] amendments) to require the Residential Code Council (RCC) to now perform a comprehensive review as part of its six-year review and revision process to the NC Residential Code (Residential Code). Directs the RCC to review the NC Energy Conservation Code, the NC Fuel Gas Code, and the NC Mechanical Code and allows it to amend the relevant chapters of the Residential Code affected by that review by January 1, 2026. Specifies that following the adoption of the amendments to the Residential Code impacted by that review, the Residential Code will also be subject to its first six-year revision under GS 143-138(d).

Section 2.

Amends GS 87-14 (regulations as to issue of building permits) to increase the minimum value of the combined costs required for a building permit under GS 160D-1110 from $30,000 to $40,000, effective October 1, 2023. Makes conforming changes to GS 160D-1110 (building permits), as amended by the act, to reflect new $40,000 minimum value.

Makes conforming to GS 160D-1110(g), effective January 1, 2025, to reflect new $40,000 minimum value that became effective October 1, 2023.

Increases minimum value of the cost of undertaking from $30,000 to $40,000 in GS 44A-11.1 (pertaining to requirement to designate a lien agent as part of the building permitting process or as part of a contract for improvements to real property) and GS 89D-12(c)(the minimum value of the landscape construction or contracting work performed by landscape contractor in order for licensing requirement to kick in), effective October 1, 2023.

Makes organizational changes to account for newly inserted amendments. Makes clarifying changes to effective date to account for reorganization of the section. 

Section 3.

Amends new GS 160D-804(j) now pertaining to local government regulations of private driveway pavement (was, roadway pavement) design standards for subdivisions. Removes new privately owned roads from the scope of the subsection. Now also specifies that GS 160D-804(j) only applies to construction of new privately owned driveways, parking lots, and driving areas associated with parking lots (was, parking lots or streets) within a new development or subdivision that the developer designates as private and that are intended to remain privately owned after construction. Makes a technical change.

Section 4.

Amends GS 143-138 (Code) and GS 160D-1104(d) (preventing local governments from adopting certain resolutions without prior approval) to prevent a local government or the Code itself from requiring routine exterior sheathing inspections for structures or dwellings covered by the Code or Residential Code only where the structure or dwelling is located in a region where the ultimate wind speed is less than 140 miles per hour (was, less than 150 miles per hour). Makes conforming changes to GS 160D-1104 (duties and responsibilities of inspector), as amended by the act and effective January 1, 2025, to reflect new restriction on local government from adopting sheathing inspections in areas where the wind speed is less than 140 miles per hour.

Makes organizational changes.