Conference report makes the following changes to the 4th edition.

Makes organizational and technical changes.

Part I

Section 1.1

Amends GS 130A-330 (concerning local authority to require backflow preventers) to prohibit a public water system owned or operated by a local government unit from requiring periodic testing more frequently than once every three years for backflow preventers on residential irrigation systems that do not apply or dispose chemical feeds. Provides for immunity from civil liability for a public water system owned or operated by a local government, and its employees, including the Cross Connection Control Operator in Responsible Charge for the limitations on periodic testing. Allows a public water system owned or operated by a local government unit to accept the results of backflow preventer testing conducted by a plumbing contractor or a certified backflow prevention assembly tester approved by the public water system. Adds new defined term, certified backflow prevention assembly tester. Makes conforming changes to GS 130A-330’s title and effective date.

Section 1.8

Changes the effective date of the act’s changes to GS 160D-804(k) from October 1, 2024, to January 1, 2025.

Section 1.12

Amends the coverage provisions in GS 160D-804.1 (pertaining to performance guarantees) to remove bar on other securities from being required for maintenance of any improvement once completed to the satisfaction of a local government.

Part II

Section 2.7

Amends Section 9 of SL 2023-108, which amended the Residential Code to include three- and four-family dwellings, as follows. Amends option of the exit requirement allowing three- and four-family dwellings to have exits located through a common 2-hour fire resistant rated corridor to the public way, so that the option is just that the dwellings just have exits through a common 2-hour fire resistant rated corridor.  

Adds new Section 2.8, as follows.

Requires the Recreational Vehicle Site Equipment Rule GFCI Rule to be implemented as follows. Notwithstanding Section 551.71(F)(2) of the 2023 North Carolina Electrical Code or any provision of the State Building Code (Code) or law to the contrary, for receptacles installed in recreational vehicle site equipment, ground-fault circuit-interrupter  protection will only be required for 125-volt, single-phase, 15- and 20-ampere receptacles. Requires the NC Building Code Council (Council) to adopt a rule consistent with the above. Defines council and code. Sunsets this provision when the permanent rules become effective.

Adds new Section 2.9, as follows.

Requires the Electric Vehicle Supply Rule as it relates to Article 220, Branch-Circuit Feeder, and Service Local Calculations, and Section 220.57, Electric Vehicle Supply Equipment (EVSE) Load, of the 2023 North Carolina Electrical Code to be implemented as follows. Notwithstanding, these provisions, EVSE loads must not be required for the purpose of calculating loads for electrical feeder or service to dwellings subject to the North Carolina Residential Code (Residential Code). Requires the Council to adopt a rule consistent with the above. Defines council and code. Sunsets this provision when the permanent rules become effective.

Adds new Section 2.10, as follows.

Requires the Emergency Responder Communication Coverage Rule (Exception 4. of Section 510.1, Emergency Responder Communication Coverage in New Buildings, of the North Carolina Fire Code) to be implemented as follows. Notwithstanding Exception 4. of Section 510.1, Emergency Responder Communication Coverage in New Buildings, of the North Carolina Fire Code, one-story buildings not exceeding 12,000 square feet with no below-ground areas are excepted from the requirements of Section 510.1.  Defines council and code. Sunsets this provision when the permanent rules become effective.

Part III

Section 3.2

Extends the effective date of the act’s changes to GS 87-43.3 from October 1, 2024, to January 1, 2025.

Section 3.5

Makes technical changes. Amends GS 160D-111 (local government review of affixed seals of design) so that its clarifying statement declaring that nothing in the section should be construed to prevent a local government from doing certain review tasks now encompasses reviewing plans, drawings, specifications, reports, or other work that requires  a seal pursuant to GS Chapter 83A or GS Chapter 89C, the Code, or other relevant laws, before an architect or engineer seal is affixed, to ensure compliance with applicable codes, ordinances, or other design standards or requirements (was just reviewing work to determine whether seals of design are required to be affixed to work as required by law, or filing a complaint as outlined in GS 83A-14 or GS 89C-22, as applicable).

Part IV

Section 4.3

Changes the Environmental Management Commission’s (EMC) review time for fast-track sewer extensions from 30 working days to within 45 days of receipt of a complete application. Adds new step to the process requiring EMC to perform an administrative review of a new application within ten days of receipt to see if it is complete so that the 45-day clock can start to run on the application review. Provides for notice by letter or electronic response to the applicant. Calls the substantive review of the application the technical review. Removes 10-working day response requirement to the applicant upon receipt of any requested supplement by the EMC as well as the limit on the EMC preventing it from requesting further materials once a request to supplement was sent to the applicant. Now gives the applicant 30 days to provide the requested additional information or else the application is returned.  Requires EMC, after construction of the sewer system is completed, and within 14 days of  receiving all necessary certifications from a professional engineer that  the sewer system extension complies with all applicable rules, to issue a receipt of certification. Minimum Design Criteria Defines complete application and alternative sewer system. Specifies that applications for alternative sewer systems are not eligible for fast-track review. Makes conforming changes.

Removes provision providing that if the EMC fails to act on an application for any other permit within 90 working days after the applicant submits all information required by the EMC, the application is deemed approved.

Section 4.5

Amends GS 130A-337 (private compliance inspectors) to remove requirement that the local health department issue the Operation Permit or Authorization to Operate upon receipt of a completed compliance inspection document completed by a private compliance inspector.

Section 4.7

Amends GS 143-300.8 (defense of registered environmental health specialists, registered environmental health specialist interns, and registered environmental health associates) to allow DEQ to agree, in its sole discretion to an alternate arrangement with the local health department where DEQ pays more than half the judgment or settlement depending on the circumstances. Expands the scope of GS 143-300.8’s provisions governing when DEQ will not pay a judgment on their behalf and/or the Attorney General will not provide them with a defense to include: (1) the listed individuals employed for local health departments  that do not have an annual agreement with DEQ (was, just individuals just contracted to work for those local health departments) and (2) those individuals that DEQ determines who failed to abide the annual agreement as determined by DEQ.  Specifies that GS 143-300.8 applies to actions in which the registered environmental health specialist, registered environmental health intern, or registered environmental health associate, is named individually as a party, as well as contested cases brought in the Office of Administrative Hearings, pursuant to GS Chapter 150B, arising from the alleged acts or omissions of an authorized agent of DEQ, during which DEQ determines that the best course of action is to resolve the matter with a settlement payment to the petitioner to conclude the contested case and avoid any future litigation.

Section 4.14

Changes reference from water to wastewater system in 15A NCAC 18E .0204, the Construction Authorization Rule.

Section 4.16

Changes reference from signed and sealed signature to signed and sealed soils report in 15A NCAC 18E .0207, the Alternative Wastewater System Permitting Options Rule.

Section 4.21

Changes part of the implementation of 15A NCAC 18E .0508, the Available Space Rule, as follows. Now requires that wastewater systems that do not have a repair area in accordance with the stated requirements Paragraph shall only be used to treat DSE, and meet a TN effluent standard of 20 20 mg/l or less. Evidence of TN standards must be provided by applicable NSF/ANSI testing or approval as a TS-II wastewater system under these Rules and included in the IP, CA, or Notice of Intent. (Was, Wastewater systems with a rated capacity greater than 1,500 gallons per day that have a letter from NSF International stating that the system will comply with NSF/ANSI Standard 350 may eliminate the requirement for a repair area when installed in Group I soils.)

Section 4.22

Changes part of the implementation of 15A NCAC 18E .0601, the Location of Wastewater Systems Rule so that there is no setback to a stormwater collection system. (Was, Downslope interceptor or foundation drains  and surface water diversions with a vertical cut of more than two feet, as measured on the ground  surface from the edge of the feature must have a horizontal setback of 15 feet. Upslope and sideslope interceptor or foundation drains and surface water diversions with a vertical cut of more  than two feet, as measured on the ground surface from the edge of the feature shall have a horizontal setback of ten feet.) Makes technical changes.

Section 4.40

Changes the implementation of 15A NCAC 18E .1305, the Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule, be implemented so that the authorized agent issues a written  notice of non-compliance to the owner when the wastewater system is not malfunctioning in accordance with 15A NCAC 18E .1303(a)(2), but non-compliant with the Rules of this Subchapter (was, performance standards)  in the operation permit or the authorization to operate.

Section 4.44

Changes references from Department guidance to the requirements of the rule itself in 15A NCAC 18E .1403, the Tank Material Requirements Rule. Makes technical changes.

Section 4.48

Changes the description of artificial turf in GS 143-214.7D  so that has to be manufactured to allow water to drain through the backing of the turf in order for it to qualify as a built upon area under GS 143-214.7D. Makes technical changes.

Adds new Section 4.49 as follows

Adds new GS 162A-900 (concerning limitations on allocating service for residential development) prohibiting a local government unit from (1) requiring an applicant for water or sewer service for residential development to agree to any condition not otherwise authorized by law or (2) accept any offer by the applicant to consent to any condition, not otherwise authorized by law, including, without limitation, any of the following: (i) payment of taxes, impact fees or other fees, or contributions to any fund; (ii) adherence to any restrictions related to land development or land use, including those within the scope of GS 160D-702(zoning regulations); or (iii) adherence to any restrictions related to building design elements within the scope of GS 160D-702. Prevents local government units from implementing a scoring system or preference system to allocate water or sewer service applicants for residential development that now includes four listed matters, including considering building design elements, setting minimum square footage, or requiring additional fire apparatus roads that are not in compliance with the required number of such roads set forth in the NC Residential Code. Defines residential development as new development of single-family or multi-family housing.

Adds new Section 4.50 as follows

Adds GS 130A-328 (concerning public water systems operating permits), pertaining to authorizations for water distribution systems, as follows. Establishes the time that DEQ has to review a complete application (defined) as 45 calendar days. Specifies that the 45-day review period begins when a professional engineer provides certification that the design meets or exceeds the Minimum Design Criteria developed by DEQ for the project. Requires DEQ’s administrative review of an application to determine if all required information is included. Allows DEQ to send notice of a completed application by letter and  electronic notice. Requires DEQ to return the application to the applicant if DEQ requests additional information to complete the technical review and the applicant does not provide that information within 30 days of DEQ’s request. Pauses the 45-day review period while DEQ awaits any requested information. Unpauses the clock for the 45-day technical review period upon DEQ’s timely receipt of requested information. Specifies that if DEQ goes beyond the technical review period, the authorization to construct will be deemed approved. Effective December 1, 2024, and applies to applications submitted on or after that date.    

Adds new Section 4.51 as follows

Amends GS 130A-280 (scope of regulation of State public swimming pools) as follows. Exempts private pools serving a single family dwelling meeting the minimum requirements of GS 130A-280 which is offered to, and used by, individuals on a temporary basis utilizing a sharing economy platform and meeting all of six listed requirements. Defines a sharing economy platform means an online platform used to facilitate peer-to-peer transactions to acquire, provide, or share access to goods and services. Effective July 1, 2025.