Bill Summary for H 893 (2023-2024)

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Summary date: 

Sep 12 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 893 (Public) Filed Tuesday, April 25, 2023
AN ACT TO AUTHORIZE INSPECTIONS BY PRIVATE INSPECTORS OF COMMERCIAL BUILDINGS AND STRUCTURES FOR COMPLIANCE WITH THE NORTH CAROLINA STATE BUILDING CODE AND TO EXPEDITE LOCAL GOVERNMENT APPROVAL OF SEALED COMMERCIAL AND MULTIFAMILY BUILDING PLANS.
Intro. by Brody, B. Jones, Pyrtle, Hardister.

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Bill summary

House committee substitute to the 2nd edition makes the following changes.

Amends proposed GS 143-151.14A to require that a standard Level I, II, or III private commercial inspector certification must be issued to a licensed engineer without requiring an exam (was, licensed engineers may be issued a standard Level I or Level II private commercial inspector certificate without examination or a Level III private commercial inspector certificate upon passing the exam).

Makes a technical change in Section 3(d). 

Amends proposed GS 160D-1105.1 (private commercial inspection authorized; exceptions) as follows. Adds that upon issuing an inspection report receipt the local government or Commissioner of Insurance, its inspection departments, and its inspectors are immune from any liabilities, duties, and responsibilities with respect to or in common law from any claim arising out of or attributed to the inspection for which the report was submitted. No  longer excludes from the statute final fire inspections under new GS 160D-1105.2. Deletes the content of proposed GS 160D-1105.2, which specified that private commercial inspectors did not have authority to conduct final fire inspections and instead provides that Article 11 does not prevent a local government, before issuing a certificate of occupancy, from conducting acceptance testing or approving any fire prevention systems for which a private commercial inspector has issued a certificate of compliance. 

Makes a technical change to Section 3(j).

Amends the proposed changes to GS 160D-1110 as follows. Removes the requirement that the local government permit fee schedule for projects to be inspected by private commercial inspectors be reduced by 80% and the remaining 20% retained by the local government as an administrative cost. Provides instead that a project is subject to the same local government permit fee schedule that would apply without the notice of intent to use a private commercial inspector for a commercial development project. Makes additional clarifying and technical changes.

Amends GS 160D-116 by adding that upon issuing a certificate of occupancy or temporary certificate for any commercial project in which a private commercial inspector has issued a certificate of compliance, the local government or Commissioner of Insurance, its inspection departments, and its inspectors are immune from any liabilities, duties, and responsibilities with respect to or in common law from any claim arising out of or attributed to the certificate of compliance.

Adds the following new content, effective July 1, 2024..

Enacts GS 160D-1110.1, requiring local governments to complete review of commercial and multifamily building plans submitted with a permit application sealed by a licensed engineer or licensed architect and issue applicable building permit decisions within 21 days after a local government receives all necessary approvals unless otherwise agreed by the parties. Requires the local government to issue all applicable permits within 10 days after receiving additional requested information or a resubmitted plan with changes from the permit applicant. Authorizes local governments to use and contract with the Department of Insurance (DOI) or contract with licensed engineers or certified architects to perform plan reviews within the timeframe required. Allows the permit applicant to elect, if the review does not exceed the prescribed time, to contract with any of the following to perform independent third-party plan reviews: (1) a licensed professional engineer or licensed architect that meets the certification requirements, (2) a private commercial inspector that meets the specified certification and registration requirements, or (3) DOI and its marketplace pool of qualified Code-enforcement officials. Also allows the permit applicant to use and contract with one of the entities if the local government does not issue applicable building permit decisions or determines that it is unable to complete plan reviews within the required time frames. Requires the applicant to provide the local government with a written certification signed by the plan review that complies with application Building Codes and applicable State and local laws. Directs the local government to create a form for certification. Requires the local government to issue applicable permits for a project within three business days of accepting a completed plan review with certification, and refund or waive all applicable plan review and permit fees upon issuance of the permits. Requires third-party plan reviewers to avoid conflicts of interest in conducting reviews. Provides immunity and releases the local government, its inspection department, and its inspectors from any liabilities, duties, or responsibilities under the Article or in common law arising from plans reviewed and certified by a third party. Bars a local government from delaying or denying the issuance of applicable permits based on the receipt of requested manufacturer specifications or engineering information on an element, component, or fixture related to submitted plans. 

Amends GS 143-151.8 to include persons contracting with a local government or a permit applicant to perform third-party plan reviews under new GS 160D-1110.1(c) in the definition of Code enforcement

Amends GS 143-151.12 to require DOI to make its marketplace pool of qualified Code-enforcement officials available when requested by a permit applicant under new GS 160D-1110.1(c).

Amends GS 143-151.13 to allow a licensed architect or licensed engineer who is not employed by the State or a local government to use a standard certificate, which authorizes practice as a qualified Code-enforcement official based on the license held, to perform third-party plans reviewed under GS 160D-1110.1(b) and (c).

Amends GS 160D-403 by requiring local governments to ensure development approval processes run concurrently with other applications or processes from approvals notwithstanding that related development approvals for the project have not yet been obtained.

Amends the act's long title.