NC Administration Code [2009]

North Carolina State Building Code: Administrative Code and Policies, 2009 edition

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PREFACE of the 2009 NORTH CAROLINA STATE BUILDING CODES

North Carolina has been a pioneer in the field of Statewide Building Regulations that have been enacted for the protection of thepublic. The Building Laws passed in 1903 and 1905 created a Building Code for materials and methods of construction in use at thattime in the State.

The General Assembly of 1933 created a Building Code Council and authorized it to, in cooperation with the Commissioner of Insurance, prepare and adopt a State Building Code. The first State Building Code was adopted in 1935 and ratified by the 1941 General Assembly.

The 1957 Legislature rewrote the 1933 Act, ratified the 1953 Edition, and reorganized and expanded the membership andresponsibility of the Council. The 1953 Edition of the State Building Code was revised in accordance with the 1957 Act and printed as the1958 Edition.

The 1933 Act of the General Assembly provided that any city or county could adopt any building regulation that was more stringentthan the State Building Code regulations. However, after a General Assembly Study Commission Report, the 1957 Legislature provided that any local building regulation that was different from the State regulation would have to be approved by the Building CodeCouncil. The Council adopted a policy to only approve local amendments to the State Code that were absolutely necessary. The policy includes that when the Council sees the need for local amendments, they would be incorporated as a part of the State BuildingCode in lieu of approving the regulations applying to a specific city or county unless local conditions warranted such specific regula tions.

The 1967 Edition of the State Building Code was prepared utilizing the framework of the Standard Building Code, with severalchapters taken from the American Insurance Association' s National Building Code and the egress chapter taken from the Life SafetyCode of NFPA.

The 1978, 1991 and 1996 Editions were prepared by the Building Code Council with the assistance of specially appointed Advisoryand Ad-Hoc Committees representing Code Enforcement Officials, Contractors, Designers and others affected by the regulations.These Editions were the latest Standard Building Code with North Carolina amendments.

The 2002,2006 and 2009 Editions were prepared by Ad-Hoc Committees representing Code Enforcement Officials, Contractors,Designers and others affected by the regulations. These Editions were the International Building Code with North Carolina amendments.

The 2009 North Carolina State Code is presented with the hope that its use will protect the public from dangerous and unsanitarybuildings. This Code is intended to provide Code Enforcement Officials, Contractors and Designers a set of minimum standards tofollow in design and construction. The Building Code Council has the authority to amend the Code when the wider use of materialsand methods comply with the safety standards set forth in the laws.

2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES iii

PREFACE of the 2009 NORTH CAROLINAADMINISTRATIVE CODE and POLICIES

The purpose of the North Carolina Administrative Code and Policies is to serve as a comprehensive document to guide decisionsaimed at protecting the public's health, safety and welfare in the built environment. This protection is provided through the enforcement, by state and local governments, of the technical codes incorporated by reference herein.

The North Carolina Administrative Code was first adopted by the Building Council in 1991. The 1996 and 2002 Editions were published in conjunction with the subsequent Code Editions. The 2006 North Carolina Administrative Code and Policies was a reorganization and rewrite of the 2002 Administration and Enforcements Code. The 2009 North Carolina Administrative Code andPolicies is an administrative update of the 2006 Administration and Enforcements Code. Chapter 1, Administrative Code, containsRules adopted by the Building Code Council and approved by the Rules Review Commission. Chapter 2, Policies, contains generally accepted policies and procedures based on the North Carolina General Statutes. Chapter 3, Referenced Statutes, contains reprints of many applicable General Statutes. The appendices include representative administrative forms.

EDITIONS of the NORTH CAROLINA STATE BUILDING CODES

Administrative 1991, 1996, 2002, 2006, 2009

Building 1936, 1953, 1958, 1967, 1978, 1991, 1996,2002,2006,2009

Residential 1968, 1993, 1997,2002,2006,2009

Accessibility 1973, 1991, 1999

Electrical (NEC) 1931,1933,1935,1937,1940,1942,1943,1947,1949, 1951, 1953, 1954, 1955, 1956,1957,1958,1959,1962,1965,1968,1971,1975,1978,1981,1984,1987,1990, 1993, 1996, 1999,2002,2005,2008

Fke 1991, 1996,200~2006,2009

~echanical 1971,1980,1991,1996,2002,2006,2009

Energy Conservation 1991, 1996, 2002, 2006, 2009

Plumbing 1963,1968,1980,1991,1996,2002,2006,2009

Fuel Gas 1991, 1996, 2002, 2006, 2009

iv 2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES

ACKNOWLEDGEMENTS2009 NORTH CAROLINA Ad Hoc Committees

2009 NC-IBC 2006Building Chapters 1-15John Hitch, NCBCC, Co-Chair

Butch Simmons, NCBCC, Co-Chair

Rick Ball, Architect

Barry Gupton, NCDOI

Lon McSwain, Mecklenburg County

Ted Patrick, Greensboro

Alan Perdue, NCBCC

Charles Theisen, Arcvision

Tom Turner, NCBCC

Tom Yount, Integrated Design

2009 NC-IBC 2006Building Chapters 16-EndSteve Knight, NCBCC, Chair

Mark Bailey, NCDOI

Barry Gupton, NCDOI

Mike Huslage, Bobbitt

Paul Lavene, CCMA

Tim Morrison, NCDOI

Bill Murchinson, Engineer

Dan Murray, NCBCC

Frank Park, Guilford County

Bob Ruffner, NCBCC

Dennis Williams, Williams Design

2009 NC-IECC 2006Energy ConservationTom Turner, NCBCC, Chair

Al Bass, NCBCC

Bruce Daniel, Wake Forest

Billy Hinton, NCDOI

John Roberts, IES Engineers

Jeff Tiller, Appalachian State University

Henry Webster, NCDOI

John Wiggins, UL

2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES

2009 NC-IFC 2006FireAlan Perdue, NCBCC, Chair

Frank Blackley, Wilmington

Mike Boggs, NC Propane Gas Association

Mike Edwards, Edwards Electronics

Lyle Gardner, Evergreen

Dana Graham, J and D Sprinkler

Mike Hager, Hager Smith

Wayne Hamilton, Asheville

Steve Hensley, Associated Sprinkler

Derrick Johnson, Electrical and Fire Alarm

Chuck Kimball, Brooks Equipment

Chris Noles, NCDOI

Doug Ridgeway, Simplex-Grinnell

Richard Strickland, NCDOI

John Wiggins, UL

2009 NC-IFGC 2006Fuel GasTerry Greene, NCBCC, Chair

Mike Boggs, NC Propane Gas Association

Larry Capps, Public Service NC

Don Ferguson, Piedmont Natural Gas

Mike Gibson, Fayetteville

Skip Higgins, Contractor

Billy Hinton, NCDOI

Barry Maness, NCBCC

Lacy Smith, Guilford County


John Wiggins, UL

v

2009 NC-IMC 2006MechanicalAl Bass, NCBCC, Chair

Alec Arthur, Asheville

Mike Gibson, Fayetteville

Skip Higgins, Contractor

Billy Hinton, NCDOI

Barry Maness, NCBCC

Mike Norris, Winston-Salem

Lacy Smith, Guilford County


2009 NC-IPC 2006PlumbingAl Bass, NCBCC, Chair

Wallace Cole, Winston-Salem

Phil Edwards, Mecklenburg County

Billy Hinton, NCDOI

Jim Lawson, High Point

Barry Maness, NCBCC

Bill McElrath, Reece, Roland & McElrath

Tommy Poole, American Plumbing


2009 NC-IRC 2006ResidentialDavid Smith, NCBCC, Chair

David Conner, NCDOI

Jeff Griffin, Mecklenburg County

Steve Knight, NCBCC

Jim Lane, Raleigh

Robert Privott, NCHBA

Matt Sigler, C.P. Morgan Homes

Dan Tingen, NCBCC

Tom Turner, NCBCC

Hiram Williams, Action Construction

vi 2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES

NORTH CAROLINA STATE BUILDING CODE COUNCILJanuary 1, 2009

www.ncbuildingcodes.com

Al Bass, Jr., PE - 09 CHAIR VICE CHAIR(Mechanical Engineer) Dan Tingen - 11 John Hitch, AlA - 10Bass, Nixon and Kennedy (Home Builder) (Architect)6425 Chapman Court Tingen Construction Co. The Smith Sinnett Assoc.Raleigh, NC 27612 8411 Garvey Drive, #101 4601 Lake Boone Trail919-782-4689 Raleigh, NC 27616 Raleigh, NC 27607

919-875-2161 919-781-8582Cindy Browning, PE - 11(State Agency) Ed Moore, Sr. - 13 Bob Ruffner, Jr. - 09State Construction (Electrical Contractor) (General Contractor)301 North Wilmington St. E. Moore and Son Electric Clancy and Theys Constr.Raleigh, NC 27601 2708 N. Graham St., Ste. D PO Box 4189919-807-4127 Charlotte, NC 28206 Wilmington, NC 28406

704-358-8828 910-392-5220Ralph Euchner - 13(Gas Industry) Jack Neel, PE - 10 Butch Simmons - 09PSNC Energy (Municipal Representative) (Building Inspector)PO Box 1398 City of Albemarle City of GreensboroGastonia, NC 28053 1007 Colonial Drive PO Box 3136704-810-3331 Albemarle, NC 28001 Greensboro, NC 27402

704-982-8434 336-373-2329Steve Knight, PE - 09(Structural Engineer) Mack Nixon - 10 David Smith - 10Steve L. Knight, PE (County Representative) (Coastal Contractor)1507 Mount Vernon Ave. Albemarle Home Builders D. Smith BuilderStatesville, NC 28677 199 Mill Street 905 Saltwood Lane704-878-2996 Elizabeth City, NC 27909 Wilmington, NC 28411

252-338-5211 910-681-0394Hawley Truax - 11(Public Representative) Alan Perdue - 09 Paula Strickland - 13

(Fire Services) (Mechanical Contractor)Guilford County Williams PH&AC1002 Meadowood Street 1051 Grecade StreetGreensboro, NC 27409 Greensboro, NC 27408336-641-7565 336-275-1328

Kim Reitterer, PE - 13 Tom Turner, FAIA - 10(Electrical Engineer) (Architect)ELM Engineering ADEP,PA212 S. Tryon St., Ste. 1050 3225 Wickersham RoadCharlotte, NC 28281 Charlotte, NC 28211704-335-0396 704-770-0475

2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES vii

NORTH CAROLINADEPARTMENT OF INSURANCE

www.ncdoi.com/osfm

919-661-5880By statute, the Commissioner of Insurance has general supervision of the administration and enforcement of the North CarolinaState Building Code and the Engineering Division serves as the staff for the Building Code Council. Officials of the Department ofInsurance are:

JIM LONGCommissioner

TIM BRADLEYSenior Deputy Commissioner

BARRY GUPTON, PEChief Code Consultant

CHRIS NOLES, PEDeputy Commissioner

MIKE PAGE, PEAdministrative Code Consultant

COMMITTEES OF THE COUNCILJanuary 1, 2009

ADMINISTRATIONDan Tingen - ChairAl Bass, PEJohn Hitch, AlASteve Knight, PEAlan PerdueKim Reitterer, PEButch SimmonsDavid SmithThomas Turner, FAIA

BUILDINGButch Simmons - ChairCindy Browning, PEJohn Hitch, AlAEd Moore, SI.Alan PerdueBob Ruffner, JI.Paula StricklandThomas Turner, FAIA

ELECTRICALKim Reitterer, PE - ChairAl Bass, PECindy Browning, PEJohn Hitch, AlAEd Moore, SI.Bob Ruffner, JI.

ENERGYThomas Turner, FAIA - ChairAl Bass, PERalph EuchnerMack NixonKim Reitterer, PEBob Ruffner, JI.

FIRE PREVENTIONAlan Perdue - ChairRalph EuchnerJohn Hitch, AlAJack Neel, PEMack NixonBob Ruffner, JI.

MECHANICALAl Bass, PE - ChairRalph EuchnerEd Moore, SI.David SmithPaula Strickland

RESIDENTIALDavid Smith - ChairCindy Browning, PESteve Knight, PEJack Neel, PEMack NixonButch SimmonsPaula StricklandThomas Turner, FAIA

STRUCTURALSteve Knight, PE - ChairAl Bass, PEJohn Hitch, AlABob Ruffner, JI.

viii 2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES

TABLE OF CONTENTS

CHAPTER 1 ADMINISTRATIVE CODE 1

101 Title and Scope 1

102 Rule-making to Amend the Technical Codes 2

103 Appeals 3

104 Administration 3

105 Alternate Material, Design or Methods 4

106 Permits 5

107 Inspections 5

CHAPTER 2 ADMINISTRATIVE POLICIES ..... 7

201 Scope 7

202 Building Code Council 7

203 North Carolina Department of Insurance 9

204 City and County Government 10

205 Other Agencies 14

CHAPTER 3 REPRINT OF THEGENERAL STATUTES PERTAININGTO THE ENFORCEMENT OF THENORTH CAROLINA STATEBUILDING CODE 15

Reference List of the General Statutes 15

APPENDIX A PERMIT APPLICATIONINFORMATION SHEET 81

APPENDIX B BUILDING CODE SUMMARY FORALL COMMERCIAL PROJECTS .. 85

APPENDIX C CODE CHANGEPROPOSAL FORM 93

APPENDIX D AFFIDAVIT OF WORKERS'COMPENSATION COVERAGE .... 95

APPENDIX E APPEALS FORM 97

2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES ix

x 2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES

CHAPTER 1

ADMINISTRATIVE CODE

SECTION 101TITLE AND SCOPE

101.1 Title. This document is "The North Carolina Administrative Code and Policies," hereinafter known as "this code."Any references to International Codes shall refer to NorthCarolina State Building Codes.

101.2 Purpose. The purpose of this code is to provide for theadministration and enforcement of the North Carolina StateBuilding Codes as adopted by the Building Code Council andenforced by State and local code enforcement officials. Thiscode is incorporated by reference into the North CarolinaBuilding, Accessibility, Plumbing, Mechanical, Electrical,Fire Prevention, Fuel Gas, Energy Conservation, ExistingBuildings, Rehabilitation, and Residential Codes, hereinafterreferred to collectively as the "technical codes." This code isintended to provide for the administrative aspects of each of thetechnical codes. In this code, the plumbing, mechanical, electrical, fire prevention and gas systems shall be referred to as"service systems."

101.3 Scope.

101.3.1 Requirements of other state agencies, occupational licensing boards or commissions. The NorthCarolina State Building Codes do not include all additionalrequirements for buildings and structures that may beimposed by other state agencies, occupational licensingboards or commissions. It shall be the responsibility of apermit holder, design professional, contractor or occupational license holder to determine whether any additionalrequirements exist.

Commentary: Many State agencies, occupational licensingboards or commissions have specific design and construction requirements that are not incorporated into the NorthCarolina State Building Codes and are not enforced by codeenforcement officials. Permit holders, design professionals,contractors or occupational license holders should consultwith any relevant boards or agencies to detennine whetherthere are any additional construction and design requirements for their projects.


101.3.2 Technical Codes.

101.3.2.1 North Carolina Building Code. The provisions of the Building Code shall apply to the construction, alteration, repair, equipment, use and occupancy,location, movement to another site, removal and demolition' or any appurtenances connected or attached toevery building or structure, other than one- or two-familydwellings and townhouses.

101.3.2.2 North Carolina Accessibility Code. The provisions of the Accessibility Code shall apply to the construction, alteration, repair, replacement, equipment,appliances, fixtures, fittings and appurtenances of allbuildings or structures, other than one- and two-familydwellings and townhouses.

101.3.2.3 North Carolina Plumbing Code. The provisions of the Plumbing Code shall apply to every plumbing installation, including alterations, repairs,replacement, equipment, appliances, fixtures, fittingsand appurtenances.

101.3.2.4 North Carolina Mechanical Code. The provisions of the Mechanical Code shall apply to the installation of mechanical systems, including alterations,repairs, replacement, equipment, appliances, fixtures,fittings and appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems,incinerators and other energy-related systems.

101.3.2.5 North Carolina Electrical Code. The provisions of the Electrical Code shall apply to the installationof electrical systems, including alterations, repairs,replacement, equipment, appliances, fixtures, fittingsand appurtenances.

101.3.2.6 North Carolina Fire Prevention Code. Theprovisions of the Fire Prevention Code shall apply to therepair, equipment, use, occupancy and maintenance ofevery existing building or structure, other than one- ortwo-family dwellings and townhouses. The provisionsof the fire prevention code shall apply to the installationof fire protection systems.

ADMINISTRATIVE CODE

101.3.2.7 North Carolina Fuel Gas Code. The provisions of the Fuel Gas Code shall apply to the installationof gas piping systems extending from the point of delivery to the inlet connections of equipment served, and theinstallation and operation of residential and commercialgas appliances and related accessories.

101.3.2.8 North Carolina Energy Conservation Code.The provisions of the Energy Conservation Code shallapply to the thermal envelope of the building and installation of energy systems, including alterations, repairs,replacement, equipment, appliances, fixtures, fittingsand appurtenances, ventilating, heating, cooling,air-conditioning and refrigeration systems, incineratorsand other energy-related systems.

101.3.2.9 North Carolina Existing Buildings Code.All work on any building that undergoes alterations,repairs, replacement, rehabilitation or change of occupancy shall comply with the Existing Buildings Code orthe technical codes for the proposed work.

101.3.2.10 North Carolina Rehabilitation Code. Allwork on any building that undergoes alterations, repairs,replacement, rehabilitation or change of occupancy shallcomply with the Rehabilitation Code or the technicalcodes for the proposed work.

101.3.2.11 North Carolina Residential Code. The provisions of the Residential Code shall apply to the construction, alteration, movement, enlargement,replacement, repair, equipment, use and occupancy,location, removal and demolition of detached one- andtwo-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in heightwith a separate means of egress and their accessorystructures.

Commentary: Exceptions to the technical codes. Note thatthere are statutory exceptions to the applicability ofthe technical codes. These exceptions can be found in NorthCarolina General Statutes (NCGS) § 143-138(b). The exceptions include (1) fann buildings located outside the jurisdiction of any municipality; (2) equipment for storing,handling, transporting and utilizing liquefied petroleumgasesforfuel purposes and (3) equipment orfacilities, otherthan buildings, ofa public utility, as defined in NCGS § 62-3,or ofan electric or telephone membership corporation, including poles, towers and other structures supporting electric or communication lines.

Commentary: Farm building means any building that is notopen to the general public and is used primarily for a bonafide farm purpose. A bona fide farm purpose includes theproduction or storage ofagricultural products or commodities, including crops, fruits, vegetables, ornamental orflowering plants, dairy, timber, livestock, poultry and all otherforms of agricultural products. Farm buildings do not include such buildings usedfor purposes ofeducation and research.

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101.3.3 Workmanship. Workmanship is not within thepurview of the technical codes unless specifically statedwithin the code.

101.3.4 Appendices. Provisions in the appendices shall notbe enforceable unless specifically incorporated in the technical codes.

Commentary: Use ofappendices. An appendix is part ofthetechnical codes only when the technical code specifically references that appendix in the body of the technicalcode. Conversely, appendices that are not referenced in thetechnical codes are not part of the North Carolina BuildingCodes. These nonenforceable appendices are provided solely for the convenience ofthe reader. Each appendix will indicate under its title whether it is enforceable andrequired as part of the technical code.

101.3.5 Referenced standards. Standards referenced in thetechnical codes shall be considered an integral part of thecodes. If specific portions of a standard are denoted by codetext, only those specific portions of the standard shall beenforced. Where code provisions conflict with a standard,the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

101.3.6 Existing buildings. Additions, alterations, repairs,replacement, rehabilitations or changes of occupancy shallbe permitted to any existing structure or service systemwithout requiring the existing systems to comply with all therequirements of the current building codes. All new workshall conform to the requirements of the technical codes fornew construction except as modified by either the existingbuildings code or the rehabilitation code. For any portion ofan existing building or service system that creates a hazardor unsafe condition, the code enforcement official shalldetermine the extent to which that portion of the existingbuilding or service system is to be upgraded to conform tothe requirements of either the existing buildings code, therehabilitation code or the technical codes.

SECTION 102RULE-MAKING TO AMEND THE

TECHNICAL CODES

102.1 Petition for rule-making.

1. Any person wishing to file a petition requesting theadoption, amendment or repeal of a rule by the BuildingCode Council shall file a written petition on a form provided by the Building Code Council and 21 copies withthe Building Code Council Secretary.

2. The petition shall include the following information:

2.1. Name, address and occupation of petitioner;

2.2. A summary of the proposed action (adoption,amendment or repeal of a rule or rules);

2.3. A draft of the proposed rule or other action;


2.4. A complete statement of the reason for the proposed action with supporting documentation;

2.5. An identification of the persons or class of personsmost likely to be affected by the proposed action;and

2.6. An economic impact analysis as required by Gen-eral Statute §143-138(a).

102.2 Presiding officer. The presiding officer at any rule-making hearing shall have control of the proceedings, including:recognition of speakers, time allotments for presentations, theright to question speakers, direction of the discussion and management of the hearing.

102.3 Record of proceedings. A record of rule-making proceedings will be available for public inspection during regularoffice hours at the Building Code Council's office. This recordwill contain the original petition, if any, the notice, all writtenmemoranda and information submitted, and a record or summary of oral presentations, if any, and, in any case where a proposal was rejected, the reason therefore.

102.4 Effective date of rules. Any rules that are adopted by theBuilding Code Council and approved by the Rules ReviewCommission shall be effective when the next edition of the relevant technical code is effective as provided in Rule 102.6 unlessspecified otherwise by the Building Code Council.

102.5 Interim use of approved rules. Any rules that areadopted by the Building Code Council and approved by theRules Review Commission shall be accepted by the CodeEnforcement Official as an alternate method of constructionprior to the effective date ifrequested by the owner or his agent.

102.6 Effective date of code editions. The provisions of anycode edition which have been approved by both the BuildingCode Council and the Rules Review Commission shall becomeeffective the first day of January of the following year unlessspecified otherwise by the Building Code Council.

SECTION 103APPEALS

103.1 Form of complaints and other pleadings.

1. There shall be no specific form required for complaints.To be sufficient, a complaint shall be in writing, identifythe parties and shall reasonably apprise the BuildingCode Council of the facts that form the basis of the complaint.

2. There shall be no specific form required for answers,motions or other pleadings relating to appeals before theBuilding Code Council, except they shall be in writing.To be sufficient, the document shall identify the case towhich it refers and reasonably apprise the Building CodeCouncil of the matters it alleges, answers or requests. Inlieu of submission in writing, motions, requests and


ADMINISTRATIVE CODE

other pleadings may be made on the record during thecourse of the hearing before the Building Code Council.

103.2 Governing provisions. Hearings before the BuildingCode Council shall be governed by the provisions of GeneralStatutes 150B, Article 3A.

103.3 Presiding officer. The Building Code Council may designate any of its members to preside over the hearing in a caseon appeal. When no designation is made, the chairman of theBuilding Code Council shall preside, or, in his absence, thevice chairman shall preside. The presiding officer shall rule onmotions or other requests made in an appeal case prior to thehearing in that case, except when the ruling on the motionwould be dispositive of the case. When the ruling on a motionor request would be dispositive of the case, the presiding officer shall make no ruling and the motion or request shall bedetermined by a majority of the Building Code Council.

103.4 Continuances. The Building Code Council's Secretarymay grant the first request for a continuance of a hearing forgood cause. Any subsequent requests for continuance may begranted by the chairman of the board. The granting of a continuance is wholly discretionary.

103.5 Modifications. Whenever there are practical difficultiesinvolved in carrying out the provisions of the technical codes,the Building Code Council shall have the authority to grantmodifications for individual cases, after the Building CodeCouncil finds on appeal that (1) special individual reasons,conditions, and/or circumstances exist that make the strict letter of the technical codes impractical, (2) the modification is incompliance with the intent and purpose of the technical codes,and (3) the modification does not lessen health, accessibility,life, fire-safety or structural requirements.

Commentary: Limitation on what constitutes practical difficulties. This section is not intended to permit setting aside orignoring a code provision; rather, it is intended to provideforthe acceptance ofequivalent protection. Such modificationsdo not, however, extend to actions that are necessary to correct violations of the code. In other words, a code violationor the expense ofcorrecting a code violation does not necessarily constitute a practical difficulty.

SECTION 104ADMINISTRATION

104.1 North Carolina Department of Insurance, Engineering Division.

104.1.1 Document approval. Construction specificationsand drawings, including Appendix B of this code, for buildings specified in Table 104.1 shall be submitted to the Engineering Division of the North Carolina Department ofInsurance. The Engineering Division shall grant documentapproval before a permit is issued on any building listed inTable 104.1.

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ADMINISTRATIVE CODE

TABLE 104.1NORTH CAROLINA DEPARTMENT OF INSURANCE,

ENGINEERING DIVISION DOCUMENT APPROVAL FORNEW CONSTRUCTION AND ADDITIONS

OCCUPANCY GROUP BUILDING PLANS TO BE APPROVED

Section 403 - High Rise 1 All buildings

Section 402 - Covered MallAll buildings

Buildings 1

City/county ownedAll buildings 20,000 sq. ft. or greater

as required by G.S. §58-31-40

State OwnedAll buildings as required by G.S.

§58-31-40

Group A 1,2 Occupant load over 1,000

Group E 1 Over 2 stories or over 20,000 sq.ft./story

Group HI Occupant load over 100

Group 11Over 3 stories or over 10,000 sq.

ft./story

Group R 1 Over 4 stories or over 100units/building

For SI: 1 square foot = 0.0929 m 2.

1. Plans and specifications are not required by the Engineering Division onbuildings, except city/county owned, that are located in a city or countyinspection jurisdiction approved to perform plans review.

2. Except temporary bleachers.

Commentary: The square footage listed above refers to thefootprint ofa new building or building addition.

The occupant loads refer to a new building or building addition area only.

For the purpose of this table only, the occupant load for achurch is based on the occupant load ofthe Occupant GroupA-3 main meeting area. If the A-3 area is over 1,000 occupants, then DOl plan review is required unless exception 2applies.

General Statute 58-31-40 indicates that such city/countyowned buildings must be greater than 20,000 square feet(1858 m2

) ofnew or additional building footprint to requireDOl review. The 20,000 squarefeet (1858 m 2

) applies to individual structures on the site and not the sum of the structures.

104.1.2 Local plan review approval.

1. An inspection department may make a written requestto the Building Code Council to review plans andspecifications on buildings listed in Table 104.1. Thisauthority shall be granted provided that the inspectiondepartment is adequately staffed by code enforcement officials with Standard Level III Certificatesissued by the North Carolina Code Officials Qualification Board in all areas.

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2. Local inspection departments approved under thissection shall be listed on the Department of Insuranceweb page, or a list shall be provided by the BuildingCode Council Secretary. www.ncdoi.com/osfm.

SECTION 105ALTERNATE MATERIAL, DESIGN OR METHODS

105.1 Approval. The provisions of this code are intended toallow the use of any alternate material, design or method ofconstruction, provided that the alternate has been approved bythe code enforcement official. An alternative material, designor method of construction shall be approved where the codeenforcement official finds that the proposed alternative material, design or method of construction complies with the intentand provisions of the technical codes.

Commentary: The technical codes are not intended to inhibit innovative ideas or technological advances. A comprehensive regulatory document, such as the NorthCarolina Building Codes, cannot envision and then address all future innovations in the industry. As a result, aperformance code must be applicable to andprovide a basis for the approval ofan increasing number ofnewly developed, innovative materials, systems and methods forwhich no code text or referenced standards yet exist. Thefact that a material, product or method ofconstruction isnot addressed in the technical codes is not an indicationthat such material, product or method is intended to beprohibited. The code enforcement official is expected toapply sound technical judgment in accepting materials,systems or methods that, while not anticipated by thedrafters of the current code text, can be demonstrated tooffer equivalent performance. By virtue of its text, thecode regulates new and innovative construction practiceswhile addressing the relative safety of building occupants. The code enforcement official is responsible for determining if a requested alternative provides theequivalent level ofprotection ofpublic health, safety andwelfare as required by the code.

105.2 Tests or analysis. Whenever there is insufficient evidence of compliance with the provisions of the technical codes,or evidence that a material, design or method does not conformto the requirements of the technical codes, or in order to substantiate claims for an alternative material, design or method,the code enforcement official shall have the authority to requiretests as evidence of compliance to be made at no expense to theauthority having jurisdiction. Test methods shall be as specified in the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods,the code enforcement official shall approve the testing procedures.


SECTION 106PERMITS

106.1 Permit required. A current permit is required for allwork described in the technical codes unless specificallyexempted by the North Carolina General Statutes or the technical codes.

Commentary: Reference North Carolina General Statutes§153A-357 and §160A-417 for exemptions.

106.2 Drawings and Specifications.

106.2.1 Requirements. Drawings and specifications, asrequired by the inspection department, shall be drawn toscale with sufficient clarity and detail to indicate the natureand character of the work and shall accompany the application for a permit. All information, drawings, specificationsand accompanying data shall bear the name, address andsignature of the person responsible for the design.

106.2.2 Additional data. The inspection department mayrequire details, computations, stress diagrams or documentation sealed by a registered design professional and otherdata necessary to describe the construction or installation ofa system.

106.2.3 Review and approval. When the inspection department issues a permit, it shall approve, in writing or by stamp,all sets of drawings and specifications "Reviewed for CodeCompliance."

Exception: Nothing in this section shall require thereview and approval of one- and two-family dwellingplans.

Commentary: Drawings and specifications shall be kept in amanner prescribed by North Carolina General Statutes§153A-373 and §160A-433.

SECTION 107INSPECTIONS

107.1 General. The inspection department shall perform thefollowing inspections:

1. Footing inspection;

2. Under slab inspection, as appropriate;

3. Foundation inspection, wood-frame construction;

4. Rough-in inspection;

5. Building framing;

6. Insulation inspection;

7. Fire protection inspection; and

8. Final inspection.

107.1.1 Footing inspection. Footing inspections shall bemade after the trenches are excavated, all grade stakes areinstalled, all reinforcing steel and supports are in place andappropriately tied, all necessary forms are in place andbraced and before any concrete is placed.


ADMINISTRATIVE CODE

107.1.2 Under-slab inspection. Under-slab inspections, asappropriate, shall be made after all materials and equipmentto be concealed by the concrete slab are completed.

107.1.3 Foundation inspection, crawl space. Foundationand crawl space inspections shall be made after all foundation supports are installed. This inspection is to check foundation supports, crawlspace leveling, ground clearancesand positive drainage when required.

107.1.4 Rough-in inspection. Rough-in inspections shallbe made when all building framing and parts of the electrical, plumbing, fire protection, or heating-ventilation orcooling system that will be hidden from view in the finishedbuilding have been placed but before any wall, ceiling finishor building insulation is installed.

107.1.5 Building framing inspection. Framing inspectionsshall be made after the roof, excluding permanent roof covering, wall ceiling and floor framing is complete withappropriate blocking, bracing and firestopping in place. Thefollowing items shall be in place and visible for inspection:

1. Pipes;

2. Chimneys and vents;

3. Flashing for roofs, chimneys and wall openings;

4. Insulation baffles; and

5. All lintels that are required to be bolted to the framingfor support shall not be covered by any exterior orinterior wall or ceiling finish material beforeapproval. Work may continue without approval forlintels supported on masonry or concrete.

107.1.6 Insulation inspection. Insulation inspections shallbe made after an approved building framing and rough-ininspection and after the permanent roof covering isinstalled, with all insulation and vapor retarders in place, butbefore any wall or ceiling covering is applied.

107.1.7 Fire protection inspection. Fire protection inspections shall be made in all buildings where any material isused for fire protection purposes. The permit holder or hisagent shall notify the inspection department after all fireprotection materials are in place. Fire protection materialsshall not be concealed until inspected and approved by thecode enforcement official.

107.1.8 Final inspection. Final inspections shall be madefor each trade after completion of the work authorized underthe technical codes.

107.2 Inspection requests. It shall be the duty of the permitholder or his or her agent to notify the code enforcement official when work is ready for inspection and to provide access toand means for inspection of the work for any inspections thatare required by this code.

107.3 Approval required. Work shall not be done beyond thepoint indicated in each successive inspection without firstobtaining the approval of the code enforcement official. Thecode enforcement official, upon notification, shall make therequested inspections and shall either indicate the portion ofthe construction that is satisfactory as completed, or shallnotify the permit holder or an agent of the permit holder that the

5

ADMINISTRATIVE CODE

work fails to comply with the technical codes. Any work thatdoes not comply shall be corrected and shall not be covered orconcealed until authorized by the code enforcement official.

107.4 Independent inspections authorized by the codeenforcement official. The code enforcement official mayauthorize a North Carolina registered design professional toinspect the following structural elements, components and systems:

1. The excavation of soil and/or forming of footings withthe associated placement of reinforcing steel prior topouring concrete; and

2. The forming of floors, columns, beams and other structural members, including the placement of reinforcingsteel prior to pouring concrete.

To utilize this procedure, the permit holder must continue toschedule all inspections normally required for this work by theinspection department. The registered design professionalshall provide weekly reports bearing his seal to the inspectiondepartment indicating that the placement of the related construction elements, components and systems either complies ordoes not comply with the approved permit documents. Anychange from the permit documents shall be approved by thecode enforcement official prior to its implementation. The permit holder shall immediately inform the code enforcement official if he or she terminates his or her relationship with theregistered design professional.

107.5 Special inspections. Special inspections required by thebuilding code or the building inspector shall be performed by aNorth Carolina registered design professional or an inspectorunder his responsible charge.

Commentary: Special inspections are code-required inspections that are beyond the scope of inspections performed bybuilding code inspectors. These special inspections arefound only in the Building Code at this time.

The reports required in Section 1704 of the building codewould require the seals for the responsible special inspector(s).

6 2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES

CHAPTER 2

ADMINISTRATIVE POLICIES

SECTION 201SCOPE

201.1 Scope. Chapter 2 is provided as procedural policies.Items discussed in this chapter are intended as commentary tothe General Statutes.

SECTION 202BUILDING CODE COUNCIL

www.ncbuildingcodes.com

202.1 Duties. The Building Code Council has the followingduties:

1. Prepare and adopt the North Carolina Building Code;

2. Revise or amend the code;

3. Hear appeals from decisions of state enforcement agencies as to any matter related to the code;

4. Make a thorough and continuing study of the manner ofenforcement of the code and building laws;

5. Make recommendations to State agencies about anychanges in administrative practices which could improvethe enforcement of the code or building laws; and

6. Recommend to the General Assembly statutory changesto simplify and improve the building laws.

(General Statutes 143-138, 143-140 and 143-142)

202.2 Composition. The Building Code Council shall consistof 17 members appointed by the governor as follows:

1 and 2. Two registered architects;

3. One licensed general contractor;

4. One licensed general contractor specializing in residential construction;

5. One licensed general contractor specializing in coastalresidential construction;

6. One licensed engineer practicing structural engineering;

7. One licensed engineer practicing mechanical engineering;

8. One licensed engineer practicing electrical engineering;

9. One licensed plumbing and heating contractor;

10. One municipal or county building inspector;

11. One representative of the public who is not a member ofthe building construction industry;

12. One licensed electrical contractor;

13. One licensed engineer on the engineering staff of aState agency charged with approval of plans ofState-owned buildings;


14. One representative of the fire services;

15. One licensed liquid petroleum gas dealer/contractorinvolved in the design of natural and liquified petroleum gas systems who has expertise and experience innatural and liquid petroleum gas piping, venting andappliances;

16. One municipal elected official or city manager; and

17. One county commissioner or county manager.

(General Statute 143-136)

202.3 Officers and committees. The Building Code Councilshall elect a chairman and vice chairman from its appointedmembers. The officers shall serve for a period of two yearsfrom the date of election or until their successors are elected.The Building Code Council shall appoint a person to serve assecretary to the Building Code Council from the EngineeringDivision of the Department of Insurance.


202.4 Meetings. The Building Code Council shall meet at leastevery 6 months. Special meetings may be called by the chairman. Any seven members of the Building Code Council shallconstitute a quorum. Information concerning the exact timeand place of each meeting shall be made available from theEngineering Division of the Department of Insurance 15 daysprior to each such meeting. Agenda items, other than proposedamendments, must be submitted to the Building Code CouncilSecretary 21 days prior to the scheduled meeting.


202.5 Proposed amendments. The Building Code Councilmay revise or amend the code, either on its own motion or uponapplication from any person, state agency or political subdivision of the state. Each request to amend the code shall complywith the following policies of the Building Code Council:

202.5.1 Twenty-one copies of the proposed amendmentwith supporting documentation shall be filed with theBuilding Code Council Secretary.

202.5.2 The filing shall be received by the first day of themonth prior to the quarterly scheduled meeting date.

202.5.3 Each request shall be legibly printed, typed or copied on a form (see Appendix C) available from the NorthCarolina Department of Insurance, Building Code Councilsection and shall contain the following:

1. The proposed amendment must be set forth in full andcontain an explicit reference to the affected section orsections of the code;

2. The request shall state the reasons for the proposedamendment with supporting documentation;

3. The proposed amendment shall comply with the standards set forth in General Statute 143-138(c) and ref-

7


Notice of Hearing Published: April NC Register

202.6 Publications.

202.6.1 Amendments. The Building Code Council shallprint all amendments to the codes, and the amendmentsshall be available for distribution in accordance with General Statute 143-138(g). Notices and minutes are availableeither at no charge on the Council web page or for a fee asprescribed by Agency Rules.

202.6.2 Council webpage. The minutes and agenda of theBuilding Code Council may be found on the Council webpage located at http://www.ncbuildingcodes.com.Click onthe desired information topic.

202.6.3 Engineering newsletter. Newsletters will be sent toonline subscribers. Archive copies may be found on the Engineering web page located at http://www.ncdoi.com/osfm.Click on Building Codes to subscribe.

erence to the particular standards shall be set forth inthe request for the amendment; and

4. The proposed amendment shall contain an economicimpact analysis as required by General Statute143-138(a).

202.5.4 When a request is improperly filed or not in accordance with all the rules listed above, the Building CodeCouncil Secretary shall reject the submittal and notify theapplicant of the proper procedure to follow.

202.5.5 Upon the proper filing of a request, the BuildingCode Council Secretary shall forward one copy of saidrequest to each council member prior to the scheduled meeting date. Persons filing proposed petitions are hereby notified of the place and time of the scheduled hearings. TheBuilding Code Council Secretary shall cause to be published the notice of public hearing as specified in NorthCarolina General Statutes 143-138(a).

202.5.6 The Building Code Council shall either grant ordeny the proposed petition for rule-making at the meetingfollowing receipt of the proposed rule change. The councilwill take no further action on items that are denied. Granteditems may be referred to committee for review.

202.5.7 The Building Code Council may hold a public hearing on granted items at the next quarterly scheduled meeting.The council may take final action on granted items at the nextquarterly scheduled meeting after the public hearing.

Timeline Example

Petition Received:

Petition Granted:

Committee Review:

Hearing Held:

Final Adoption:

Rules Review Meeting:

Approved:

February 1

March BCC meeting

April- May

June BCC meeting

September BCCmeeting

November RRCmeeting

December 1

202.7 Approval of local ordinances. The Building CodeCouncil may approve local regulations governing the Fire Prevention Code. All regulations shall be approved by the Building Code Council in order to be legally effective. Regulationsapproved by the local governing body, which are found to bemore stringent than the fire prevention code and, which arefound to regulate activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion orrelated hazards, and are not in conflict with the North CarolinaBuilding Code, shall be approved once reviewed and filed bythe Building Code Council. The rules listed in Section 202.5shall apply for filing a proposed local deviation to the Fire Prevention Code along with the following:

1. Twenty-one copies of the resolution adopted by the governing body requesting the proposed deviation to the fireprevention code.

2. After approval by the Building Code Council, the Building Code Council Secretary shall advise the local governing body and shall retain a copy in the Building CodeCouncil's file as a permanent record.

[General Statute 143-138(e)]

202.8 Committees.

202.8.1 Standing committees. The standing committeesshall consist of members of the Building Code Council. TheChairman of the Building Code Council shall appoint thechairmen and members of each committee.

202.8.2 Ad hoc committees. For each code edition, theChairman shall establish and appoint ad hoc code revisioncommittees and appoint the chairmen. The ad hoc committees shall consider and prepare revisions and amendments tothe code volumes. Each ad hoc committee shall consist ofmembers of the Building Code Council, Department ofInsurance staff, licensed contractors, and design professionals most affected by the code volume for which the ad hoccommittee is responsible and members of the public.

202.8.3 Hearing committee. The chairman may appoint ahearing committee to hear an appeal.

202.9 Appeals.

202.9.1 Engineering division. A written technical interpretation shall be provided as specified in Section 203.1.2.1.2.Any person may appeal in writing an order, decision ordetermination pertaining to the code or any state buildinglaw by filing written notice with the Commissioner of Insurance or his designee within 10 days after the order, decisionor determination. A copy of the appeal shall be furnished toeach party.

(General Statutes 143-140, 153A-374 and 160A-434)

202.9.2 Building Code Council. The Building Code Council shall hear appeals from the decisions of state enforcement agencies relating to any matter related to the code. Anyperson wishing to appeal a decision of a state enforcementagency to the Building Code Council shall give writtennotice of appeal as follows:

202.9.2.1 Twenty-one copies including an original of theNotice of Appeal shall be filed with the Building CodeCouncil c/o North Carolina Department of Insurance,


Engineering Division, 322 Chapanoke Road, Suite 200,Raleigh, North Carolina 27603, and one copy shall befiled with the state enforcement agency from which theappeal is taken.

202.9.2.2 The Notice of Appeal shall be received no laterthan 30 days from the date of the decision of the Stateenforcement agency.

202.9.2.3 The Notice of Appeal shall be legibly printed,typewritten or copied and shall contain the following(See Appendix E):

1. Name, address of the party or parties requestingthe appeal.

2. The name of the state enforcement agency, the dateof the decision from which the appeal is taken, anda copy of the written decision received from theenforcement agency.

3. The decision from which the appeal is taken shallbe set forth in full in the Notice of Appeal or a copyof the decision shall be attached to all copies of theNotice of Appeal.

4. The contentions and allegations of fact must be setforth in full in a clear and concise manner with reference to the sections of the code in controversy.

5. The original Notice of Appeal shall be signed bythe party or parties filing appeal.

6. The Notice of Appeal shall be received by the firstday of the month prior to the Building Code Council's quarterly scheduled meeting in order to beplaced on the agenda for that meeting. The Chairman may schedule a special meeting to hear anappeal.

202.9.2.4 Upon the proper filing of the Notice of Appeal,the Building Code Council Secretary shall forward onecopy of the Notice of Appeal to each member of theBuilding Code Council. The chairman may appoint aHearing Committee to hear appeals. The Secretary shallsend notice in writing to the party or parties requesting anappeal and to the Building Code Council Hearing Committee members at least 15 days prior to the HearingCommittee meeting. A written decision of the HearingCommittee meeting shall be provided to all BuildingCode Council Members. The actions of the HearingCommittee shall be final, unless appealed to the fullBuilding Code Council in writing within 30 days of theHearing Committee's action. If a Hearing Committeeconsists of at least seven council members, it will constitute a quorum of the full council. Further appeals shall beas specified in Section 202.9.3.

202.9.2.5 The Building Code Council shall, upon amotion of the State enforcement agency or on its ownmotion, dismiss appeals for the following reasons:

1. Not pursued by the appellant or withdrawn;

2. Appeal not filed in accordance with these rules; or

3. Lack of jurisdiction.



202.9.2.6 When the Building Code Council finds that aState enforcement agency was in error in its interpretation of the code, the Building Code Council shall remandthe case to the agency with instructions to take suchactions as the Building Code Council directs. When theBuilding Code Council finds on appeal that materials ormethods ofconstruction proposed are equivalent to thoserequired by the code, the Building Code Council shallremand the case to the state enforcement agency withinstructions to permit the use of such materials or meth ods of construction. The Building Code Council shallimmediately initiate procedures for amending the codeto permit the use of such materials or methods of construction.

202.9.2.7 The Building Code Council shall provide awritten decision setting forth the findings of fact and theBuilding Code Council's conclusions to each party orparties filing the appeal and to the State enforcementagency from which the appeal was taken.

202.9.3 Superior court. Whenever any person desires toappeal a decision of the Building Code Councilor a decisionof a State or local enforcement agency, he may appeal eitherto the Wake County Superior Court or the superior court ofthe county in which the proposed building is to be situated inaccordance with the provisions of Chapter 150B of the General Statutes.

[General Statute 143-141(d)]

SECTION 203NORTH CAROLINA DEPARTMENT OF INSURANCE

www.ncdoi.com/osfm

203.1 Administration.

203.1.1 Commissioner of Insurance. The Commissionerof Insurance through the Engineering Division shall havegeneral supervision of the administration and enforcementof the North Carolina State Building Code. This includes allsections of the code pertaining to:

1. General building restrictions and regulations;

2. Plumbing;

3. Heating and air conditioning;

4. Electrical systems;

5. Fire protection; and

6. Natural or liquified petroleum gas systems.

[General Statute 143-139 (b)]

203.1.1.1 Investigation offires. Whenever the Commissioner of Insurance has reason to believe that investigators of fire or fire prevention inspectors are not fulfillingtheir responsibilities, he or his designee shall take propersteps to have all provisions of the law enforced.

(General Statute 58-2-95)

203.1.1.2 Investigation of premises for dangerousmaterials. The Commissioner of Insurance or his or herdesignee shall hear appeals from orders issued by the

9


code enforcement official to remove or remedy combustible materials or inflammable conditions dangerous toany building or premises. The appeal shall be madewithin 24 hours of issue, not counting weekends or holidays. The commissioner shall cause the complaint to beinvestigated immediately. The Commissioner or his orher designee may make inspections of the complaintalone or in the company of the code enforcement official.Unless the Commissioner by his or her authority revokesthe order of the code enforcement official, the orderremains in force and must be complied with by the owneror occupant.

(General Statute 58-79-20)

203.1.1.3 Buildings within primary fire limits. TheCommissioner of Insurance or his or her designee shallreview all permits to erect, alter, repair or move anywood-frame building or structure within the primary firedistrict of a municipality. Such permits shall be receivedand approved by the Inspection Department andapproved by the Municipal Council prior to the Commissioner or his or her designee's approval.

(General Statutes 153A-375 and 160A-436)

203.2 Engineering Division. The Engineering Division of theDepartment of Insurance shall serve as staff for the BuildingCode Council and the Code Official's Qualification Board. TheEngineering Division shall work in cooperation with codeenforcement officials and provide general supervision in theadministration and interpretation of the codes. The staff shallhandle correspondence and maintain an accurate and completerecord of:

1. All meetings or hearings,

2. Laboratory studies, and

3. Technical work performed by or for the Building CodeCouncil.

All records shall be available for public inspection duringregular office hours. All funds for the operation of the BuildingCode Council shall be appropriated to the Department of Insurance. The Department of Insurance may hire additional staff asmay be necessary to handle the work of the Building CodeCouncil with the approval of the council.

[General Statute 143-137(c)]

203.2.1 Interpretations.

203.2.1.1 Informal interpretations. The EngineeringDivision shall provide informal interpretations oncode-related matters either bye-mail, letter or telephone.These informal interpretations may be accepted by thelocal code enforcement official or party requesting theinterpretation. Either party may request a formal interpretation of the code.

203.2.1.2 Formal interpretations. Any person mayrequest in writing a formal interpretation of the code.The request shall be addressed to the ChiefCode Consultant for the Department of Insurance. The request shallbe specific and shall reference the code sections in question. All formal interpretations shall be in writing. A formal interpretation shall be binding on all parties unless

10

appealed to the Building Code Council as specified inSection 201.9.2. Formal interpretations determined to beof a general nature may be posted on the department website.


203.2.2 Appeals. Any person may appeal in writing anorder, decision or determination of a code enforcement official pertaining to the code or any state building law. Theappeal shall be addressed to the Chief Engineer for theDepartment of Insurance by filing written notice within 10days after the order, decision or determination. The appealshall contain the type and size of the building in question,the location of the building and shall reference the code sections in question. The decision shall be in writing and shallset forth the facts found. The decision rendered shall bebased on the technical provisions of the code, public healthand safety and shall be construed liberally to those ends. Adecision shall be binding on all parties unless an appeal issubmitted to the Building Code Council as specified in Section 201.9.2. A copy of the appeal and written decision shallbe furnished to each party.


SECTION 204CITY AND COUNTY GOVERNMENT

www.ncgov.com(Click on "For Government, Local Government")

204.1 General. The powers, duties and responsibilities of thecode enforcement official are generally described in the following General Statutes:

1. GS153A-352 for counties, and

2. GS160A-412 for cities.

204.2 Inspection department.

204.2.1 General. The responsibility for administration andenforcement of the code has been allocated to local codeenforcement officials under the supervision of State officials as designated within Section 203.

[General Statute 143-139(b)]

204.2.2 Jurisdiction. A municipal inspection departmentshall have jurisdiction over all areas within the city limits, allextraterritorial areas that the city has jurisdiction pursuant tostate laws, and over any areas in which the municipal limitshave contracted with another unit of government to performcode enforcement. A county inspection department shallhave jurisdiction over all unincorporated areas outside anymunicipal jurisdiction located within the county, all areas inwhich a municipality has requested the county to enforcethe code, and within the jurisdiction of another unit of government in which the county has contracted to perform codeenforcement. A joint inspection department created by twoor more units of government shall have the authority toenforce the code in all areas of legal jurisdiction of all unitsof government supporting the joint department.

(General Statutes 153A-352 and 153A-353 for counties,and 160A-411 and 160A-413 for cities.)


204.2.3 Duties. Inspection departments shall:

1. Receive applications and supporting data for permits;

2. Issue or deny permits;

3. Make all necessary inspections to ensure code compliance;

4. Identify technical provisions found to be inconsistentwith the inspection;

5. Issue or deny certificates of compliance and certificates of occupancy;

6. Issue stop work orders or orders to correct violations;

7. Maintain adequate records of permits issued ordenied, inspections made, corrections ordered andcertifications issued; and

8. Take other actions that may be required to adequatelyenforce the code.


204.2.4 Code enforcement official's qualifications. Nostate or local government employee shall enforce any provision of the North Carolina State Building Codes who doesnot possess an appropriate valid certificate issued by theNorth Carolina Code Official's Qualification Board as specified in General Statutes 143-151.13, 153A-351.1 and160A-411.1.

204.2.5 Conflict of interest. Information about conflict ofinterest for code enforcement officials can be found in General Statutes 153A-355 for counties and 160A-415 for cities.

204.2.6 Right of entry. The code enforcement official shallhave the right to enter buildings or premises as described inGeneral Statutes 153A-360 and 153A-364 for counties, and160A-420 and 160A-421 for cities.

204.2.7 Stop work orders. General Statute 153A-361authorizes a county code enforcement official to issue stopwork orders. General Statute 160A-421 authorizes a citycode enforcement official to issue stop work orders. Thesestatutes describe when a stop work order can be issued, howthe stop work order is to be issued and how the stop workorder may be appealed.

204.2.8 Unsafe building or systems. A county codeenforcement official's authority to condemn an unsafebuilding is found in General Statute 153A-366. A city codeenforcement official's authority to condemn an unsafebuilding is found in General Statute 160A-426.

204.3 Permits.

204.3.1 General. No person may commence or proceedwith:

1. The construction, reconstruction, alteration, repair,movement to another site, removal or demolition ofany building;

2. The installation, extension or general repair of anyplumbing system;

3. The installation, extension, alteration or generalrepair of any heating or cooling equipment system; or



4. The installation, extension, alteration or generalrepair of any electrical wiring, devices, appliances orequipment without first securing from the InspectionDepartment with jurisdiction over the site of the workeach permit required by the North Carolina StateBuilding Codes and other State or local law or localordinance or regulation applicable to the work.

(General Statute 153A-357 and 160A-417)

204.3.2 Validity. In accordance with General Statutes153A-358 for counties and 160A-418 for cities, a permitexpires 6 months, or any lesser time fixed by local ordinances, after the date of issuance if the work authorized bythe permit has not been commenced. If, after commencement, the work is discontinued for a period of 12 months,the permit immediately expires. No work authorized by apermit that has expired may be performed until a new permithas been issued.

204.3.3 Changes in work. Work shall not deviate substantially from that described on the permit documents.

204.3.4 Information required. A permit application shallbe filed with the Inspection Department on a form furnishedfor that purpose. The Inspection Department shall makeavailable a list of information which must be submitted withthe building permit application, including a complete building code summary (see Appendix B) and a permit application information sheet (see Appendix A).

204.3.5 Design professional seal required. Where theGeneral Statutes require, no permit shall be issued unlessthe construction documents (drawings and specifications),bear the North Carolina seal of a registered design professional. Construction documents shall include the name andaddress of the business entity (individual, corporation orpartnership) with whom the registered design professionalis affiliated. Questions concerning this section should bedirected to the North Carolina Board of Architecture or theNorth Carolina Board of Examiners for Engineers and LandSurveyors.

Exceptions: For permitting purposes, the seal of a registered design professional is not required when the building, structure or project involved is in one of thecategories listed below, unless otherwise required pursuant to the provisions of the General Statutes or the technical codes:

1. A family residence, up to eight units attached withgrade-level exit, which is not a part of or physically connected with any other buildings or residential units. More than one such set of attachedunits on a site is determined to be a complex andwill require the seal of a registered design professional;

2. A building upon any farm that is for the use of anyfarmer, unless the building is of such nature andintended for such use as to substantially involvethe health or safety of the public;

3. An institutional or commercial building if it doesnot have a total cost of construction exceeding$90,000;

11


4. An institutional or commercial building if the totalbuilding area does not exceed 2,500 square feet(2.32 m2) in gross floor area;

5. Alteration, remodeling or renovation of an existing building that is exempt under this section, oralteration, remodeling or renovation of an existingbuilding or building site that does not alter or affectthe structural system of the building; change thebuilding's access or exit pattern; or change the liveor dead load on the building's structural system.This subdivision shall not limit or change anyother exemptions to this chapter or to the practiceof engineering under Chapter 89C of the GeneralStatutes.

6. The preparation and use of details and shop drawings, assembly or erection drawings, or graphicdescriptions utilized to detail or illustrate a portionof the work required to construct the project inaccordance with the plans and specifications prepared or to be prepared under the requirements orexemptions of this chapter.

7. Nothing in this chapter shall be construed to prevent any individual from making plans or data forbuildings for himself or herself. This exemptiondoes not apply to plans for places of religious worship.

204.3.5.1 Registered design professional. The registered design professional shall be a registered architect,licensed professional engineer or NICET Level III sprinkler designer legally registered or licensed under thelaws of this state.

204.3.6 Contractor license required. When the GeneralStatutes require that general construction, plumbing,mechanical, electrical, fire protection or gas work be performed by an appropriately licensed individual, no permitfor such type work shall be issued to an unlicensed person orfirm. Additional requirements may be found in GeneralStatutes 87-14, 87-21(e), 87-43.1, 87-58, 153A-134,153A-357, 160A-194 and 160A-417.

204.3.7 Contractor responsibilities. It shall be the duty ofevery person who contracts for the installation or repair of abuilding or service system to comply with State or localrules and regulations concerning licensing. It shall be thecontractor's responsibility to conform to the technical codesfor all installations or repairs of a building or service system.

204.4 Issuing permits.

204.4.1 Action on permits. In accordance with GeneralStatute 153A-357 for counties and General Statute160A-417 for cities, the Inspection Department shall examine each application for a permit to determine if it is in compliance with the requirements of the technical codes andother pertinent laws and ordinances. If the inspectiondepartment is satisfied that the work described in the application conforms to the requirements of the technical codesand other pertinent laws and ordinances, it shall issue a per-

12

mit to the applicant. If the application does not conform tothe requirements of the technical codes and other pertinentlaws and ordinances, the application shall be returned to theapplicant with the reasons for refusal stated.

(General Statutes 153A-352, 160A-412 and 160A-417)

204.4.2 Permits for modular construction. Permits shallbe required for the installation, connection of units, foundations, utility connections or alterations of buildings or components manufactured off the site and labeled by a thirdparty agency accredited and listed by the Building CodeCouncil.

204.4.2.1 Third-party certification agencies. Thirdparty certification agencies shall be accredited and listedby the Building Code Council. Inspection and certification of buildings or components manufactured off thesite and labeled by a third-party agency shall be acceptedby the inspection department without further inspection.Permits and fees may be required for any installation,connection of units, foundations, utility connections oralterations of such work.

204.5 Conditions of the permit.

204.5.1 Contractor responsibilities. It shall be the duty ofevery person who contracts for the installation or repair of abuilding or services system to comply with state or localrules and regulations concerning licensing. It shall be thecontractor's responsibility to conform to this code and thetechnical codes for all installations or repairs of a building orservice system. Violations and penalties of these provisionsare listed in Sections 204.12 through 204.14 of this code.Additional requirements can be found in General Statutes87-1 through 87-14.

204.5.2 Permit intent. A permit issued shall be construedas permission to proceed with the work and not as authorityto violate, cancel, alter or set aside any of the provisions ofthe technical codes. Issuance of a permit shall not preventthe inspection department from requiring correction oferrors in plans, construction or violations of this code.


204.5.3 Revocation of permits.

204.5.3.1 Misrepresentation of application. The codeenforcement official shall revoke, in writing, a permit orapproval issued under the provisions of this or the technical codes for:

1. Any substantial departure from the approvedapplication, drawings or specifications;

2. Refusal or failure to comply with the requirementsof any applicable State or local laws;

3. Any false statement or misrepresentation as to thematerial fact in the application or plans on whichthe permit or approval was based.

See the North Carolina Fire Prevention Code for otherpermit revocation requirements.


204.5.3.2 Violation of code provIsions. The codeenforcement official may revoke a permit upon determination that the work for which the permit was issued is inviolation of, or not in conformity with, the provisions ofthis or the technical codes.

(General Statute 153A-362, 160A-422)

204.6 Fees.

204.6.1 Fees. A permit shall not be issued until the fees prescribed by the local governing authority have been paid. Noamendment to a permit shall be released until the additionalfee, if any, has been paid.


204.6.2 Work commencing before permit issuance. If anyperson commences any work on a building or service systems before obtaining the necessary permit, he or she shallbe subject to a penalty as established by the local governingbody.


204.7 Inspections.

204.7.1 Periodic inspections for hazardous or unlawfulconditions. The inspection department shall make periodicinspections as specified in General Statutes 153A-364 forcounties and 160A-424 for cities.

204.7.2 Required public school inspections. Inspectionsof schools for fire hazards shall be in accordance with General Statute 115C-525(b).

204.8 Certificate of compliance.

204.8.1 Building occupancy. A new building shall not beoccupied or a change made in the occupancy, nature or useof a building or part of a building until after the inspectiondepartment has issued a certificate of compliance. The certificate of compliance shall not be issued until all requiredservice systems have been inspected for compliance withthe technical codes and other applicable laws and ordinances and released by the inspection department.


204.8.2 Certificate of compliance. Upon satisfactory completion of a building, plumbing, mechanical, electrical, fireprotection or gas system, or portion thereof, a certificate ofcompliance shall be issued. The certificate of compliancerepresents that a structure or system is complete and for certain types of permits is permission granted for connection toa utility system. The certificate of compliance shall not beconstrued to grant authority to occupy a building.


204.8.3 Temporary/partial occupancy. A temporary/partial certificate of compliance may be issued permittingoccupancy for a stated period for specific portions of abuilding or service system that the inspector finds safe foroccupancy prior to final completion of the entire building orsystem.


204.8.4 Issuing certificate of occupancy. Upon satisfactory completion of a building and after the final inspection,



the inspection department may issue a certificate ofoccupancy. The certificate of occupancy shall state theoccupancy may be safely occupied.

204.8.4.1 Existing buildings. A certificate of occupancyfor any existing building may be obtained by applying tothe inspection department and supplying the informationand data necessary to determine compliance with thetechnical codes for the occupancy intended. Where necessary, the code enforcement official may requiredetailed drawings and inspections to determine compliance with the applicable codes. When, upon examinationand inspection, it is found that the building conforms tothe provisions of the technical codes and other applicablelaws and ordinances for such occupancy, a certificate ofoccupancy shall be issued. The certificate shall state theapproved occupancy type.

204.9 Service utilities.

204.9.1 Connection of service utilities. No person shallmake connections from a utility, source of energy, fuel orpower to any building or system that is regulated by thetechnical codes until approved by the inspection departmentand a certificate of compliance is issued.

(General Statute 143-143.2)

204.9.2 Temporary connection. The inspection department may authorize the temporary connection of the building or system to the utility source of energy, fuel or powerfor the purpose of testing building service systems.


204.10 Stop work orders. Whenever a stop order has beenissued by an inspection department involving alleged violations of the State Building Codes, the owner or builder mayappeal in writing to the Commissioner of Insurance, or his orher designee, within 5 days after the date the order is issued,with a copy of the appeal to the inspection department. No further work may take place in violation of a stop order. The Commissioner, or his or her designee, shall promptly conduct aninvestigation. The inspection department and the owner orbuilder shall be permitted to submit relevant evidence for theinvestigation. The Commissioner of Insurance, or his or herdesignee, shall provide a written statement of the decision setting forth the facts found, the decision reached and the reasonsfor the decision. In the event of dissatisfaction with the decision' the person affected shall have the option of appealing asset forth in Section 203.1.2.


204.11 Floor loads and occupant loads.

204.11.1 Occupancy. No building shall be occupied for anypurpose that will cause the floors to be loaded beyond theirsafe capacity. It shall be the responsibility of the owner oroccupant of any building, where excessive floor loading islikely to occur, to employ a design professional in computing the safe load capacity. The computations shall be filed asa permanent record of the inspection department. Theinspection department may permit occupancy of a buildingwhen the department is satisfied that the capacity will not beexceeded.

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204.11.2 Occupant load posted. When required by thecode enforcement official, signs stating the occupant loaddetermined in accordance with occupant load specified inthe technical codes shall be posted by the owner of the building in each assembly room, auditorium or room used for asimilar purpose where fixed seats are not installed. The seating capacity shall be determined in accordance with thetechnical codes and signs posted at locations approved bythe code enforcement official. It shall be unlawful to removeor deface such notice or to permit more than this legal number of people within such space. The signs shall read as follows:

"Occupancy by more than persons is

dangerous and unlawful.

____________, CEO"

204.12 Violations. Any person, firm, corporation or agent whoviolates a provision of this code or the technical codes shall beguilty of a Class 3 misdemeanor. Each person shall be considered guilty of a separate offense for each and every portionthereof during which any violation is committed or continued,for a period of 30 days. Upon conviction of any such violationthe person shall be liable to a fine not to exceed $50.00 for eachoffense. Any violation incurred more than 1 year after anotherconviction for violation of the occupancy limits shall be treatedas a first offense for the purposes of establishing and imposingpenalties.

[General Statute 143-138(h)]

204.13 Remedies.

204.13.1 General. In case any building or structure is constructed or its purpose altered so that it becomes in violationof the technical codes, or if the occupancy limits establishedare exceeded, the code enforcement official may instituteany appropriate action or proceedings, including civil remedies, to:

1. Prevent the unlawful erection, construction or reconstruction or alteration of purpose, or overcrowding;

2. Restrain, correct or abate the violation; or

3. Prevent the occupancy or use of the building, struc-ture or land until the violation is corrected.

204.13.2 Fire prevention. Refer to the North Carolina FirePrevention Code for summary abatement requirements forfire prevention code violations and penalties.

204.14 Code enforcement official not fulfilling responsibilities. When the code enforcement official does not fulfill hisresponsibilities as specified in Section 204.13, the Commissioner of Insurance or his or her designee may institute anyappropriate actions or proceedings available.

(General Statutes 14-230, 14-231, 14-232, 153A-356 andl60A-41)

14

SECTION 205OTHER AGENCIES

www.ncgov.com(Click on NC Agencies)

205.1 Administration by the North Carolina Department ofLabor.

205.1.1 Commissioner of Labor. The Commissioner ofLabor shall have general supervision over the Elevator andAmusement Device Division and the Boiler Pressure VesselDivision.

[General Statute 143-139(c)]

205.1.2 Elevator and amusement device division. TheElevator and Amusement Device Division shall enforce theprovisions of the North Carolina State Building Code thatpertain to the operation of:

1. Elevators;

2. Dumbwaiters;

3. Escalators;

4. Moving walks;

5. Personnel hoists;

6. Chair and wheelchair lifts;

7. Manlifts;

8. Special equipment; and

9. Amusement devices.

Exceptions:

1. Devices and equipment located and operatedwithin a single-family residence.

2. Equipment constructed, installed and usedexclusively for the movement of materials.

3. Mining equipment covered by either the Federal Mine Safety and Health Act or the MineSafety and Health Act of North Carolina.


205.1.3 Boiler and pressure vessel division. The Boilerand Pressure Vessel Division shall enforce the provisions ofChapter 95 of the General Statutes which pertain to boilersand pressure vessels. The Boiler and Pressure Vessel Division shall not regulate hot water supply boilers equippedwith ASME Code and National Board certified safety reliefvalves, which are fired with oil, gas, or electricity or hotwater supply tanks heated by any indirect means which donot exceed any of the following limitations:

1. Heat input of 200,000 Btu/hr;

2. Water temperature of 200°F (93°C);

3. Nominal water capacity of 120 gallons (454 L).

[General Statutes 95-69.10(c), 143-139(c)]


CHAPTER 3

REPRINT OF THE GENERAL STATUTES PERTAINING TO THEENFORCEMENT OF THE NORTH CAROLINA STATE BUILDING CODE

The North Carolina State Building Codes do not include all additional requirements for buildings and structures that may beimposed by other State agencies, occupational licensing boardsand commissions. It shall be the responsibility of a permitholder, design professional, contractor or occupational licenseholder to determine whether any additional requirements exist.

The current language of the General Statutes may be viewed atwww.ncleg.net.

The following list, while extensive, may not include all applicable General Statutes.

119 Article 5 Liquefied petroleum gases

130A-336-339 Wastewater system construction

133-1-4 Public works

143-135.1 Inspection of state owned buildings

143-136-143 Building Code Council and Building Code

143-151.8-21 Code officials qualification board

143-151.42 Prohibition of master meters for electric andnatural gas service

143-151.43-64 North Carolina home inspector board

150B-18-21 Administrative Procedures Act

153A-97-375 Counties

160A-167-438 Cities

1-539.2

14-68

14-228-232

14-414

15-27.2

58-2-95

58-31-40

58-79-20

66-23-27

83A-1-13

87-1-15

87-21

87-43

87-57-58

89C-3-23

95-69

105-130-151

115C-525

Dismantling portion of building

Failure of owner of property to comply withorders of public authorities

Misconduct in public office

Pyrotechnics defined; exceptions

Administrative search and inspection warrants

Commissioner to supervise local inspectors

Commissioner to inspect state property; planssubmitted

Inspection ofpremises; dangerous material removed

Electrical materials, devices, appliances andequipment

Architects

General contractors

Plumbing, heating and fire sprinkler contractor

Electrical contractors

Refrigeration contractors

Engineers

Uniform boiler and pressure vessel act

Accessibility tax credit

Public schools

§ 1-539.2. Dismantling portion of building.

When one person owns a portion of a building and another orother persons own the remainder of said building, neither ofsaid owners shall dismantle his portion of said building withoutmaking secure the portions of said building belonging to otherpersons. Any person violating the provisions of this sectionshall be responsible in damages to the owners of other portionsof such building.

§ 14-68. Failure ofowner ofproperty to comply with ordersof public authorities.

If the owner or occupant of any building or premises shall failto comply with the duly authorized orders of the chief of thefire department, or of the Commissioner of Insurance, or of anymunicipal or county inspector of buildings or of particular features, facilities, or installations of buildings, he shall be guiltyof a Class 3 misdemeanor, and punished only by a fine of notless than ten ($10.00) nor more than fifty dollars ($50.00) foreach day's neglect, failure, or refusal to obey such orders.

Misconduct in Public Office

§ 14-228. Buying and selling offices.

If any person shall bargain away or sell an office or deputationof an office, or any part or parcel thereof, or shall take money,reward or other profit, directly or indirectly, or shall take anypromise, covenant, bond or assurance for money, reward orother profit, for an office or the deputation of an office, or anypart thereof, which office, or any part thereof, shall touch orconcern the administration or execution of justice, or thereceipt, collection, control or disbursement of the public revenue, or shall concern or touch any clerkship in any court ofrecord wherein justice is administered; or if any person shallgive or pay money, reward or other profit, or shall make anypromise, agreement, bond or assurance for any of such offices,or for the deputation of any of them, or for any part of them, theperson so offending in any of the cases aforesaid shall be guiltyof a Class I felony.

§ 14-229. Acting as officer before qualifying as such.

If any officer shall enter on the duties of his office before heexecutes and delivers to the authority entitled to receive thesame the bonds required by law, and qualifies by taking andsubscribing and filing in the proper office the oath of office prescribed, he shall be guilty of a Class 1 misdemeanor and shallbe ejected from his office.

§ 14-230. Willfully failing to discharge duties.

If any clerk of any court of record, sheriff, magistrate, countycommissioner, county surveyor, coroner, treasurer, or officialof any of the State institutions, or of any county, city or town,shall willfully omit, neglect or refuse to discharge any of theduties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1

2009 NORTH CAROLINA ADMINISTRATIVE CODE AND POLICIES 15

REPRINT OF THE GENERAL STATUTES

misdemeanor. If it shall be proved that such officer, after hisqualification, willfully and corruptly omitted, neglected orrefused to discharge any of the duties of his office, or willfullyand corruptly violated his oath of office according to the trueintent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefromunder the sentence of the court as a part of the punishment forthe offense.

§ 14-231. Failing to make reports and discharge otherduties.

If any State or county officer shall fail, neglect or refuse tomake, file or publish any report, statement or other paper, or todeliver to his successor all books and other property belongingto his office, or to pay over or deliver to the proper person allmoneys which come into his hands by virtue or color of hisoffice, or to discharge any duty devolving upon him by virtue ofhis office and required of him by law, he shall be guilty of aClass 1 misdemeanor.

§ 14-232. Swearing falsely to official reports.

If any clerk, sheriff, register of deeds, county commissioner,county treasurer, magistrate or other county officer shall willfully swear falsely to any report or statement required by law tobe made or filed, concerning or touching the county, State orschool revenue, he shall be guilty of a Class 1 misdemeanor.

Sale of Pyrotechnics

§ 14-414. Pyrotechnics defined; exceptions.

For the proper construction of the provisions of this Article,"pyrotechnics," as is herein used, shall be deemed to be andinclude any and all kinds of fireworks and explosives, whichare used for exhibitions or amusement purposes: provided,however, that nothing herein contained shall prevent the manufacture, purchase, sale, transportation, and use of explosives orsignaling flares used in the course of ordinary business orindustry, or shells or cartridges used as ammunition in firearms. This Article shall not apply to the sale, use, or possessionof the following:

1. Explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the explosive capsshall not exceed twenty-five hundredths (.25) of a gramfor each cap.

2. Snake and glow worms composed of pressed pellets of apyrotechnic mixture that produce a large, snake-like ashwhen burning.

3. Smoke devices consisting of a tube or sphere containinga pyrotechnic mixture that produces white or coloredsmoke.

4. Trick noisemakers which produce a small reportdesigned to surprise the user and which include:

a. A party popper, which is a small plastic or paperitem containing not in excess of 16 milligrams ofexplosive mixture. A string protruding from thedevice is pulled to ignite the device, expellingpaper streamers and producing a small report.

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b. A string popper, which is a small tube containingnot in excess of 16 milligrams of explosive mixture with string protruding from both ends. Thestrings are pulled to ignite the friction-sensitivemixture, producing a small report.

c. A snapper or drop pop, which is a small,paper-wrapped item containing no more than 16milligrams of explosive mixture coated on smallbits of sand. When dropped, the device produces asmall report.

5. Wire sparklers consisting of wire or stick coated withnonexplosive pyrotechnic mixture that produces ashower of sparks upon ignition. These items must notexceed 100 grams of mixture per item.

6. Other sparkling devices which emit showers of sparksand sometimes a whistling or crackling effect whenburning, do not detonate or explode, do not spin, arehand-held or ground-based, cannot propel themselvesthrough the air, and contain not more than 75 grams ofchemical compound per tube, or not more than a total of200 grams if multiple tubes are used.

Administrative Search and Inspection Warrants

§ 15-27.2. Warrants to conduct inspections authorized bylaw.

(a) Notwithstanding the provisions of Article 11 of Chapter 15A, any official or employee of the State or of aunit of county or local government of North Carolinamay, under the conditions specified in this section,obtain a warrant authorizing him to conduct a search orinspection of property if such a search or inspection isone that is elsewhere authorized by law, either with orwithout the consent of the person whose privacy wouldbe thereby invaded, and is one for which such a warrantis constitutionally required.

(b) The warrant may be issued by any magistrate of thegeneral court of justice, judge, clerk, or assistant ordeputy clerk of any court of record whose territorialjurisdiction encompasses the property to be inspected.

(c) The issuing officer shall issue the warrant when he issatisfied the following conditions are met:

1. The one seeking the warrant must establish underoath or affirmation that the property to be searchedor inspected is to be searched or inspected as partof a legally authorized program of inspectionwhich naturally includes that property, or thatthere is probable cause for believing that there is acondition, object, activity or circumstance whichlegally justifies such a search or inspection of thatproperty;

2. An affidavit indicating the basis for the establishment of one of the grounds described in (1) abovemust be signed under oath or affirmation by theaffiant;


3. The issuing official must examine the affiantunder oath or affirmation to verify the accuracy ofthe matters indicated by the statement in the affidavit;

(d) The warrant shall be validly issued only if it meets thefollowing requirements:

1. Except as provided in subsection (e), it must besigned by the issuing official and must bear thedate and hour of its issuance above his signaturewith a notation that the warrant is valid for only 24hours following its issuance;

2. It must describe, either directly or by reference tothe affidavit, the property where the search orinspection is to occur and be accurate enough indescription so that the executor of the warrant andthe owner or the possessor of the property can reasonably determine from it what person or propertythe warrant authorizes an inspection of;

3. It must indicate the conditions, objects, activitiesor circumstances which the inspection is intendedto check or reveal;

4. It must be attached to the affidavit required to bemade in order to obtain the warrant.

(e) Any warrant issued under this section for a search orinspection shall be valid for only 24 hours after its issuance, must be personally served upon the owner or possessor of the property between the hours of 8:00 A.M.and 8:00 P.M. and must be returned within 48 hours. Ifthe warrant, however, was procured pursuant to aninvestigation authorized by G.S. 58-79-1, the warrantmay be executed at any hour, is valid for 48 hours afterits issuance, and must be returned without unnecessarydelay after its execution or after the expiration of the 48hour period if it is not executed. If the owner or possessor of the property is not present on the property atthe time of the search or inspection and reasonableefforts to locate the owner or possessor have been madeand have failed, the warrant or a copy thereof may beaffixed to the property and shall have the same effect asif served personally upon the owner or possessor.

(f) No facts discovered or evidence obtained in a search orinspection conducted under authority of a warrantissued under this section shall be competent as evidence in any civil, criminal or administrative action,nor considered in imposing any civil, criminal, oradministrative sanction against any person, nor as abasis for further seeking to obtain any warrant, if thewarrant is invalid or if what is discovered or obtained isnot a condition, object, activity or circumstance whichit was the legal purpose of the search or inspection todiscover; but this shall not prevent any such facts orevidence to be so used when the warrant issued is notconstitutionally required in those circumstances.

(g) The warrants authorized under this section shall not beregarded as search warrants for the purposes of application of Article 11 of Chapter 15A of the General Statutes of North Carolina.



Commissioner of Insurance

§ 58-2-95. Commissioner to supervise local inspectors.

The Commissioner shall exercise general supervision overlocal investigators of fires and fire prevention inspectors.Whenever the Commissioner has reason to believe that thelocal inspectors are not doing their duty, he or his deputy shallmake special trips of inspection and take proper steps to haveall the provisions of the law relative to the investigation of firesand the prevention of fire waste enforced.

§ 58-31-40. Commissioner to inspect State property; planssubmitted.

(a) The Commissioner shall, at least once every year ormore often if the Commissioner considers it necessary,visit, inspect, and thoroughly examine every Stateproperty to analyze and determine its protection fromfire, including the property's occupants or contents.The Commissioner shall notify the agency or official incharge of the property of any defect noted by the Commissioner or any improvement considered by the Commissioner to be necessary.

(b) No agency or other person authorized or directed bylaw to select a plan and erect a building for the use ofthe State or any State institution shall receive andapprove of the plan until it is submitted to and approvedby the Commissioner as to the safety of the proposedbuilding from fire, including the property's occupantsor contents. No agency or person authorized or directedby law to select a plan or erect a building comprising20,000 square feet or more for the use of any county,city, or school district shall receive and approve of theplan until it is submitted to and approved by the Commissioner as to the safety of the proposed building fromfire, including the property's occupants or contents.

(c) The Commissioner shall review a plan subject to subsection (b) of this section within 30 days of submission,provided that the Commissioner may require one additional 30-day extension if necessary to complete thereview. If the Commissioner has neither approved nordenied the plan during the initial30-day review period,the owner may proceed with the building site preparation, the building foundation, and any structural components of the building that are not subject toinspection for the purposes set forth in subsection (b) ofthis section. If the Commissioner has neither approvednor denied the plan within 60 days of submission, theowner may request review and final approval undersubsection (b) of this section by the Department ofAdministration, State Construction Office, pursuant torules adopted under G.S. 143-135.26.

§ 58-79-20. Inspection of premises; dangerous materialremoved.

The Commissioner of Insurance, or the chief of fire departmentor chief of police where there is no chief of fire department, orthe city or county building inspector, electrical inspector, heating inspector, or fire prevention inspector has the right at allreasonable hours, for the purpose of examination, to enter into

17


and upon all buildings and premises in their jurisdiction. Whenany of such officers find in any building or upon any premisesovercrowding in violation of occupancy limits established pursuant to the North Carolina State Building Code, combustiblematerial or inflammable conditions dangerous to the safety ofsuch building or premises they shall order the same to beremoved or remedied, and this order shall be forthwith complied with by the owner or occupant of such buildings or premises. The owner or occupant may, within twenty-four hours,appeal to the Commissioner of Insurance from the order, andthe cause of the complaint shall be at once investigated by hisdirection, and unless by his authority the order of the officerabove named is revoked it remains in force and must be forthwith complied with by the owner or occupant. The Commissioner of Insurance, fire chief, or building inspector, electricalinspector, heating inspector, or fire prevention inspector shallmake an immediate investigation as to the presence of combustible material or the existence of inflammable conditions in anybuilding or upon any premises under their jurisdiction uponcomplaint of any person having an interest in such building orpremises or property adjacent thereto. The Commissioner may,in person or by deputy, visit any municipality or county andmake such inspections alone or in company with the local officer. The Commissioner shall submit annually, as early as consistent with full and accurate preparation, and not later than thefirst day of June, a detailed report of his official action underthis Article, and it shall be embodied in his report to the GeneralAssembly.

Electrical Materials, Devices, Appliances and Equipment

§ 66-23. Sale of electrical goods regulated.

Every person, firm or corporation before selling, offering forsale, assigning, or disposing of by gift as premiums or in anysimilar manner any electrical material, devices, appliances orequipment shall first determine if such electrical materials,devices, appliances and equipment comply with the provisionof this Article.

§ 66-24. Identification marks required.

All electrical materials, devices, appliances and equipmentshall have the maker's name, trademark, or other identificationsymbol placed thereon, together with such other markings giving voltage, current, wattage, or other appropriate ratings asmay be necessary to determine the character of the material,device, appliance or equipment and the use for which it isintended; and it shall be unlawful for any person, firm or corporation to remove, alter, change or deface the maker's name,trademark or other identification symbol.

§ 66-25. Acceptable listings as to safety of goods.

All electrical materials, devices, appliances, and equipmentshall be evaluated for safety and suitability for intended use.This evaluation shall be conducted in accordance with nationally recognized standards and shall be conducted by a qualifiedtesting laboratory. The Commissioner of Insurance, throughthe Engineering Division of the Department of Insurance, shallimplement the procedures necessary to approve suitablenational standards and to approve suitable qualified testing lab-

18

oratories. The Commissioner may assign his authority toimplement the procedures for specific materials, devices,appliances, or equipment to other agencies or bodies when theywould be uniquely qualified to implement those procedures.

In the event that the Commissioner determines that electricalmaterials, devices, appliances, or equipment in question cannotbe adequately evaluated through the use of approved nationalstandards or by approved qualified testing laboratories, theEngineering Division of the Department of Insurance shallspecify any alternative evaluations which safety requires.

The Engineering Division of the Department of Insuranceshall keep in file, where practical, copies of all approvednational standards and resumes of approved qualified testinglaboratories.

§ 66-26. Legal responsibility of proper installations unaffected.

This Article shall not be construed to relieve from or to lessenthe responsibility or liability of any party owning, operating,controlling or installing any electrical materials, devices, appliances or equipment for damages to persons or property causedby any defect therein, nor shall the electrical inspector, theCommissioner, or agents of the Commissioner be held asassuming any such liability by reason of the approval of anymaterial, device, appliance or equipment authorized herein.

§ 66-27. Violation made misdemeanor.

Any person, firm or corporation who shall violate any of theprovisions of this Article shall be guilty of a Class 2 misdemeanor.

§ 66-27.01. Enforcement.

The Commissioner or his designee or the electrical inspector ofany State or local governing agency may initiate any appropriate action or proceedings to prevent, restrain, or correct anyviolation of this Article. The Commissioner or his designee,upon showing proper credentials and in discharge of his dutiespursuant to this Article may, at reasonable times and withoutadvance notice, enter and inspect any facility within the State inwhich there is reasonable cause to suspect that electrical materials, devices, appliances, or equipment not in conformancewith the requirements of this Article are being sold, offered forsale, assigned, or disposed of by gift, as premiums, or in anyother similar manner.

Safety Features of Hot Water Heaters

§ 66-27.1. Certain automatic hot water tanks or heaters tohave approved relief valves; installation or sale of unapproved relief valves forbidden.

(a) No individual, firm, corporation or business shallinstall, sell or offer for sale any automatic hot watertank or heater of 120-gallon capacity or less, except fora tankless water heater, which does not have installedthereon by the manufacturer of the tank or heater anAmerican Society of Mechanical Engineers andNational Board of Boiler and Pressure Vessel Inspectors approved type pressure-temperature relief valveset at or below the safe working pressure of the tank as


indicated, and so labeled by the manufacturer's identification stamped or cast upon the tank or heater or upona plate secured to it.

(b) No individual, firm, corporation or business shallinstall, sell, or offer for sale any relief valve, whether itbe pressure type, temperature type or pressure-temperature type, which does not carry the stamp of approvalof the American Society of Mechanical Engineers andthe National Board of Boiler and Pressure VesselInspectors.

§ 66-27.2. Certain hot water supply storage tank or heaterbaffles, heat traps, etc., to be tested before installation orsale.

(a) No individual, firm, corporation or business shallinstall, sell or offer for sale any hot water supply storagetanks or heaters of 120-gallon capacity or less whichutilize dip tubes, supply and hot water nipples, supplywater baffles or heat traps that have not been tested towithstand a temperature of 4000 P without deterioratingin any manner, and such tank or heater so labeled by themanufacturer.

(b) No individual, firm, corporation or business shallinstall, sell, or offer for sale any water baffles or heattraps, which are not constructed and tested to withstanda temperature of 400 0 P without deterioration in anymanner and such baffles or heat traps to be so labeledby the manufacturer.

§ 66-27.3. Violation of Article made misdemeanor.

Violation of any provision of this Article is hereby made aClass 1 misdemeanor.

§ 66-27.4. Local regulation of hot water heater safety features.

Nothing in this Article shall be interpreted as relieving anyindividual, firm, corporation or business from complying withadditional protective regulations relating to the safety featuresof hot water heaters as may be prescribed by local law, countyor municipal charter or ordinance; provided, however, that nolocal law, county or municipal charter or ordinance shall fix orgovern the temperature or pressure settings of a pressure-temperature relief valve on an automatic hot water tank or heatercovered by this Article if there is installed on such tank orheater a pressure-temperature relief valve having settings incompliance with the North Carolina Building Code.

Architects

§ 83A-l. Definitions.

When used in this Chapter, unless the context otherwiserequires:

1. "Architect" means a person who is duly licensed to practice architecture.

2. "Board" means the North Carolina Board of Architecture.

3. "Corporate certificate" means a certificate of corporateregistration issued by the Board recognizing the corpora-



tion named in the certificate as meeting the requirementsfor the corporate practice of architecture.

4. "Corporate practice of architecture" means "practice" asdefined in G.S. 83A-1(7) by a corporation which is organized or domesticated in this State, and which holds acurrent "corporate certificate" from this Board.

5. "Good moral character" means such character as tends toassure the faithful discharge of the fiduciary duties of anarchitect to his client. Evidence of lack of such charactershall include the willful commission of an offense justifying discipline under this Chapter, the practice of architecture in violation of this Chapter, or of the laws ofanother jurisdiction, or the conviction of a felony.

6. "License" means a certificate of registration issued bythe Board recognizing the individual named in the certificate as meeting the requirements for registration underthis Chapter.

7. "Practice of architecture" means performing or offeringto perform or holding oneself out as legally qualified toperform professional services in connection with thedesign, construction, enlargement or alteration of buildings, including consultations, investigations, evaluations, preliminary studies, the preparation of plans,specifications and contract documents, administration ofconstruction contracts and related services or combination of services in connection with the design and construction of buildings, regardless of whether theseservices are performed in person or as the directing headof an office or organization.

§ 83A-12. Prohibited practice.

The purpose of the Chapter is to safeguard life, health andproperty. It shall be unlawful for any individual, firm or corporation to practice or offer to practice architecture in this State asdefined in this Chapter, or to use the title "Architect" or anyform thereof, except as provided in Chapter 89A for Landscape Architects, or to display or use any words, letters, figures, titles, sign, card, advertisement, or other device toindicate that such individual or firm practices or offers to practice architecture as herein defined or is an architect or architectural firm qualified to perform architectural work, unless suchperson holds a current individual or corporate certificate ofadmission to practice architecture under the provisions of thisChapter.

§ 83A-13. Exemptions.

(a) Nothing in this Chapter shall be construed to preventthe practice of general contracting under the provisionsof Article 1of Chapter 87, or the practice by any personwho is qualified under law as a "registered professionalengineer" of such architectural work as is incidental toengineering projects or utilities, or the practice of anyother profession under the applicable licensure provisions of the General Statutes.

(b) Nothing in this Chapter shall be construed to prevent aduly licensed general contractor, professional engineeror architect, acting individually or in combinationthereof, from participating in a "Design/Build" undertaking including the preparation of plans and/or speci-

19


fications and entering individual or collectiveagreements with the owner in order to meet the owner'srequirements for predetermined costs and unified control in the design and construction of a project, and forthe method of compensation for the design and construction services rendered; provided, however, thatnothing herein shall be construed so as to allow the performance of any such services or any division thereofby one who is not duly licensed to perform such serviceor services in accordance with applicable licensure provisions of the General Statutes; provided further, thatfull disclosure is made in writing to the owner as to theduties and responsibilities of each of the participatingparties in such agreements; and, provided further, nothing in this Chapter shall prevent the administration byany of the said licensees of construction contracts andrelated services or combination of services in connection with the construction of buildings.

(c) Nothing in this Chapter shall be construed to require anarchitectural license for the preparation, sale, or furnishing of plans, specifications and related data, or forthe supervision of construction pursuant thereto, wherethe building, buildings, or project involved is in one ofthe following categories:

1. A family residence, up to eight units attached withgrade level exit, which is not a part of or physicallyconnected with any other buildings or residentialunits;

2. A building upon any farm for the use of anyfarmer, unless the building is of such nature andintended for such use as to substantially involvethe health or safety of the public;

3. An institutional or commercial building if it doesnot have a total value exceeding ninety thousanddollars ($90,000);

4. An institutional or commercial building if the totalbuilding area does not exceed 2,500 square feet ingross floor area;

5. Alteration, remodeling, or renovation of an existing building that is exempt under this section, oralteration, remodeling, or renovation of an existing building or building site that does not alter oraffect the structural system of the building; changethe building's access or exit pattern; or change thelive or dead load on the building's structural system. This subdivision shall not limit or change anyother exemptions to this Chapter or to the practiceof engineering under Chapter 89C of the GeneralStatutes.

6. The preparation and use of details and shop drawings, assembly or erection drawings, or graphicdescriptions utilized to detail or illustrate a portionof the work required to construct the project inaccordance with the plans and specifications prepared or to be prepared under the requirements orexemptions of this Chapter.

20

(d) Nothing in this Chapter shall be construed to preventany individual from making plans or data for buildingsfor himself.

(e) Plans and specifications prepared by persons or corporations under these exemptions shall bear the signatureand address of such person or corporate officer.

General Contractors

§ 87-1. "General contractor" defined; exceptions.

For the purpose of this Article any person or firm or corporationwho for a fixed price, commission, fee, or wage, undertakes tobid upon or to construct or who undertakes to superintend ormanage, on his own behalf or for any person, firm, or corporation that is not licensed as a general contractor pursuant to thisArticle, the construction of any building, highway, public utilities, grading or any improvement or structure where the cost ofthe undertaking is thirty thousand dollars ($30,000) or more, orundertakes to erect a North Carolina labeled manufacturedmodular building meeting the North Carolina State BuildingCode, shall be deemed to be a "general contractor" engaged inthe business of general contracting in the State of NorthCarolina.

This section shall not apply to persons or firms or corporations furnishing or erecting industrial equipment, power plantequipment, radial brick chimneys, and monuments.

This section shall not apply to any person or firm or corporation who constructs or alters a building on land owned by thatperson, firm or corporation provided such building is intendedsolely for occupancy by that person and his family, firm, or corporation after completion; and provided further that, if suchbuilding is not occupied solely by such person and his family,firm, or corporation for at least 12 months following completion, it shall be presumed that the person, firm, or corporationdid not intend such building solely for occupancy by that person and his family, firm, or corporation.

This section shall not apply to any person engaged in thebusiness of farming who constructs or alters a building on landowned by that person and used in the business of farming, whensuch building is intended for use by that person after completion.

§ 87-14. Regulations as to issue of building permits.

Any person, firm or corporation, upon making application tothe building inspector or such other authority of any incorporated city, town or county in North Carolina charged with theduty of issuing building or other permits for the construction ofany building, highway, sewer, grading or any improvement orstructure where the cost thereof is to be thirty thousand dollars($30,000) or more, shall, before he be entitled to the issuance ofsuch permit, furnish satisfactory proof to such inspector orauthority that he or another person contracting to superintendor manage the construction is duly licensed under the terms ofthis Article to carry out or superintend the same, and that he haspaid the license tax required by the Revenue Act of the State ofNorth Carolina then in force so as to be qualified to bid upon orcontract for the work for which the permit has been applied,and that he has in effect Workers' Compensation insurance as


required by Chapter 97 of the General Statutes; and it shall beunlawful for such building inspector or other authority to issueor allow the issuance of such building permit unless and untilthe applicant has furnished evidence that he is either exemptfrom the provisions of this Article or is duly licensed under thisArticle to carry out or superintend the work for which permithas been applied; and further, that the applicant has paid thelicense tax required by the State Revenue Act then in force so asto be qualified to bid upon or contract for the work covered bythe permit; and further, that the applicant has in effect Workers'Compensation insurance as required by Chapter 97 of the General Statutes. Any building inspector or other such authoritywho is subject to and violates the terms of this section shall beguilty of a Class 3 misdemeanor and subject only to a fine of notmore than fifty dollars ($50.00).

§ 87-15.6. Homeowners Recovery Fund.

(a) The Homeowners Recovery Fund is established as aspecial account of the Board. The Board shall administer the Fund. The purpose of the Fund is to reimbursehomeowners who have suffered a reimbursable loss inconstructing or altering a single-family residentialdwelling unit.

(b) Whenever a general contractor applies for the issuanceof a permit for the construction of any single-familyresidential dwelling unit or for the alteration of an existing single-family residential dwelling unit, a city orcounty building inspector shall collect from the generalcontractor a fee in the amount of ten dollars ($10.00)for each dwelling unit to be constructed or altered underthe permit. The city or county inspector shall forwardnine dollars ($9.00) of each fee collected to the Boardon a quarterly basis and the city or county may retainone dollar ($1.00) of each fee collected. The Boardshall deposit the fees received into the Fund. The Boardmay accept donations and appropriations to the Fund.G.S. 87-7 shall not apply to the Fund.

The Board may suspend collection of this fee for anyyear upon a determination that the amount in the Fundis sufficient to meet likely disbursements from the Fundfor that year. The Board shall notify city and countybuilding inspectors when it suspends collection of thefee.

(c) The Board may adopt rules to implement this Article.

Plumbing, Heating and Fire Sprinkler Contractor

§ 87-21. Definitions; contractors licensed by Board; examination; posting license, etc.

(a) Definitions. For the purpose of this Article:

1. The word "plumbing" is hereby defined to be thesystem of pipes, fixtures, apparatus and appurtenances, installed upon the premises, or in a building,to supply water thereto and to convey sewage orother waste therefrom.

2. The phrase "heating, group number one" shall bedeemed and held to be the heating system of a build-



ing, which requires the use of high or low pressuresteam, vapor or hot water, including all piping,ducts, and mechanical equipment appurtenantthereto, within, adjacent to or connected with abuilding, for comfort heating.

3. The phrase "heating, group number two" means anintegral system for heating or cooling a buildingconsisting of an assemblage of interacting components producing conditioned air to raise or lower thetemperature, and having a mechanical refrigerationcapacity in excess of 15 tons, and which circulatesair. Systems installed in single-family residencesare included under heating group number three,regardless of size. Holders of a heating group number three license who have heretofore installed systems classified as heating group number twosystems may nevertheless service, replace, or makealterations to those installed systems until June 30,2004.

4. The phrase "heating, group number three" shall bedeemed and held to be a direct heating or coolingsystem of a building that raises or lowers the temperature of the space within the building for the purposeof comfort in which electric heating elements orproducts of combustion exchange heat eitherdirectly with the building supply air or indirectlythrough a heat exchanger using an air distributionsystem of ducts and having a mechanical refrigeration capacity of 15 tons or less. A heating systemrequiring air distribution ducts and supplied byground water or utilizing a coil supplied by waterfrom a domestic hot water heater not exceeding150°F requires either plumbing or heating groupnumber one license to extend piping from valvedconnections in the domestic hot water system to theheating coil and requires either heating group number one or heating group number three license forinstallation of coil, duct work, controls, drains andrelated appurtenances.

5. Any person, firm or corporation, who for a valuableconsideration, (i) installs, alters or restores, or offersto install, alter or restore, either plumbing, heatinggroup number one, or heating group number two, orheating group number three, or (ii) lays out, fabricates, installs, alters or restores, or offers to layout,fabricate, install, alter or restore fire sprinklers, orany combination thereof, as defined in this Article,shall be deemed and held to be engaged in the business of plumbing, heating, or fire sprinkler contracting; provided, however, that nothing herein shall bedeemed to restrict the practice of qualified registered professional engineers. Any person whoinstalls a plumbing, heating, or fire sprinkler systemon property which at the time of installation wasintended for sale or to be used primarily for rental isdeemed to be engaged in the business of plumbing,heating, or fire sprinkler contracting without regardto receipt of consideration, unless exempted elsewhere in this Article.

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6. The word "contractor" is hereby defined to be a person, firm or corporation engaged in the business ofplumbing, heating, or fire sprinkler contracting.

7. The word "heating" shall be deemed and held tomean heating group number one, heating groupnumber two, heating group number three, or anycombination thereof.

8. Repealed by Session Laws 1997-298, s. 1.

9. The word "Board" means the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors.

10. The word "experience" means actual and practicalwork directly related to the category of plumbing,heating group number one, heating group numbertwo, heating group number three, or fire sprinklercontracting, and includes related work for which alicense is not required.

11. The phrase "fire sprinkler" means an automatic ormanual sprinkler system designed to protect theinterior or exterior of a building or structure fromfire, and where the primary extinguishing agent iswater. These systems include wet pipe and dry pipesystems, preaction systems, water spray systems,foam water sprinkler systems, foam water spraysystems, nonfreeze systems, and circulatingclosed-loop systems. These systems also includethe overhead piping, combination standpipes,inside hose connections, thermal systems used inconnection with the sprinklers, tanks, and pumpsconnected to the sprinklers, and controlling valvesand devices for actuating an alarm when the systemis in operation. This subsection shall not apply toowners of property who are building or improvingfarm outbuildings. This subsection shall notinclude water and standpipe systems having noconnection with a fire sprinkler system. Nothingherein shall prevent licensed plumbing contractors, utility contractors, or fire sprinkler contractors from installing underground water supplies forfire sprinkler systems.

(b) Classes of Licenses; Eligibility and Examination ofApplicant; Necessity for License.

1. In order to protect the public health, comfort andsafety, the Board shall establish two classes oflicenses: Class I covering all plumbing, heating,and fire sprinkler systems for all structures, andClass II covering plumbing and heating systems insingle-family detached residential dwellings.

2. The Board shall establish and issue a fuel pipinglicense for use by persons who do not possess therequired Class I or Class II plumbing or heatinglicense, but desire to engage in the contracting orinstalling of fuel piping extending from anapproved fuel source at or near the premises,which piping is used or may be used to supply fuelto any systems, equipment, or appliances locatedinside the premises.

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The Board may also establish additionalrestricted classifications to provide for: (i) thelicensing of any person, partnership, firm, or corporation desiring to engage in a specific phase ofheating, plumbing, or fire sprinkling contracting;(ii) the licensing of any person, partnership, firm,or corporation desiring to engage in a specificphase of heating, plumbing, or fire sprinkling contracting that is an incidental part of their primarybusiness, which is a lawful business other thanheating, plumbing, or fire sprinkling contracting;or (iii) the licensing of persons desiring to engagein contracting and installing fuel piping from anapproved fuel source on the premises to a pointinside the residence.

3. The Board shall prescribe the standard of competence, experience and efficiency to be required ofan applicant for license of each class, and shallgive an examination designed to ascertain the technical and practical knowledge of the applicant concerning the analysis of plans and specifications,estimating costs, fundamentals of installation anddesign, codes, fire hazards, and related subjects asthese subjects pertain to plumbing, heating, or firesprinkler systems. The examination for a firesprinkler contractor's license shall include suchmaterials as would test the competency of theapplicant and which may include the minimumrequirements ofcertification for Level III, subfieldof Automatic Sprinkler System Layout, NationalInstitute for Certification of Engineering Technologies (NICET). As a result of the examination, theBoard shall issue a certificate of license of theappropriate class in plumbing, heating, or firesprinkler contracting, and a license shall beobtained, in accordance with the provisions of thisArticle, before any person, firm or corporationshall engage in, or offer to engage in, the businessof plumbing, heating, or fire sprinkler contracting,or any combination thereof. The obtaining of alicense, as required by this Article, shall not ofitself authorize the practice of another professionor trade for which a State qualification license isrequired. Prior to taking the examination, theapplicant may be required by the Board to establish that the applicant is at least 18 years of age andis of good moral character. The Board may requireexperience as a condition of examination, provided that (i) the experience required may notexceed 2 years, (ii) that up to one-half the experience may be in the form of academic or technicalcourses of study, and (iii) that registration is notrequired at the commencement of the period ofexperience.

4. Conditions of examination set by the Board shallbe uniformly applied to each applicant within eachlicense classification. It is the purpose and intent ofthis section that the Board shall provide an exami nation for plumbing, heating group number one, or


heating group number two, or heating group number three, or each restricted classification, and mayprovide an examination for fire sprinkler contracting or may accept a current certification of theNational Institute for Certification in EngineeringTechnologies for Fire Protection EngineeringTechnician, Level III, subfield of AutomaticSprinkler System Layout.

5. The Board is authorized to issue a certificate oflicense limited to either plumbing or heating groupnumber one, or heating group number two, or heating group number three, or fire sprinkler contracting, or any combination thereof. The Board is alsoauthorized to issue a certificate of license limitedto one or more restricted classifications that areestablished pursuant to this section.

6. Examinations shall be given at least twice eachyear, and additional examinations may be given asthe Board deems wise and necessary. The examination shall be conducted in two parts to include abusiness and law portion and a technical portion.Requests for examination applications and information shall be made available online withoutcharge and supplied at no cost to the potentialexaminee. The Board may offer written examinations or administer examinations by computerwithin 30 days after approving an application.Applicants shall be permitted to obtain the testscore from each part of computerized examinations immediately upon completion of the examination. Upon passing the examination and payingthe annual license fee, the applicant shall be issueda license. A person who fails to pass any examination shall not be reexamined until after 90 daysfrom the date the person was last examined. Anapplicant who fails to pass any examination maytake the failed portion within six months of the dateapproved to take the examination without retakingthe portion passed. The Board may require applicants who fail any part of the examination threetimes to receive additional education before theapplicant is allowed to retake the examination orwait one year before retaking any portion of theexamination.

(c) To Whom Article Applies. The provisions of this Article shall apply to all persons, firms, or corporationswho engage in, or attempt to engage in, the business ofplumbing, heating, or fire sprinkler contracting, orany combination thereof as defined in this Article. Theprovisions of this Article shall not apply to those whomake minor repairs or minor replacements to analready installed system of plumbing, heating or airconditioning, but shall apply to those who makerepairs, replacements, or modifications to an alreadyinstalled fire sprinkler system. Minor repairs or minorreplacements within the meaning of this subsectionshall include the replacement of parts in an installedsystem which do not require any change in energysource, fuel type, or routing or sizing of venting or



pIpIng. Parts shall include a compressor, coil,contactor, motor, or capacitor.

(c 1) Exemption. The provisions of this Article shall notapply to a person who performs the on-site assembly ofa factory designed drain line system for a manufacturedhome, as defined in G.S. 143-143.9(6), if the person (i)is a licensed manufactured home retailer, a licensedmanufactured home set-up contractor, or a full-timeemployee of either, (ii) obtains an inspection by thelocal inspections department and (iii) performs theassembly according to the State Plumbing Code.

(c2) Exemption. The provisions of this Article shall notapply to electric generating facilities that are subject toG.S. 62-110.1 or that provide power sold at wholesalethat is regulated by the Federal Energy RegulatoryCommission.

(e) Posting License; License Number on Contracts, etc.The current license issued in accordance with the provisions of this Article shall be posted in the businesslocation of the licensee, and its number shall appear onall proposals or contracts and requests for permitsissued by municipalities. The initial qualified licenseeon a license is the permanent possessor of the licensenumber under which that license is issued, except that alicensee, or the licensee's legal agent, personal representative, heirs or assigns, may designate in writing tothe Board a qualified licensee to whom the Board shallassign the license number upon the payment of a tendollar ($10.00) assignment fee. Upon such assignment,the qualified licensee becomes the permanent possessor of the assigned license number. Notwithstanding the foregoing, the license number may be assignedonly to a qualified licensee who has been employed bythe initial licensee's plumbing and heating companyfor at least 10 years or is a lineal relative, sibling, firstcousin, nephew, niece, daughter-in-law, son-in- law,brother-in-law, or sister-in-law of the initial licensee.Each successive licensee to whom a license number isassigned under this subsection may assign the licensenumber in the same manner as provided in this subsection.

(g) The Board may, in its discretion, grant to plumbing,heating, or fire sprinkler contractors licensed by otherstates' license of the same or equivalent classificationwithout written examination upon receipt of satisfactory proof that the qualifications of such applicants aresubstantially equivalent to the qualifications of holdersof similar licenses in North Carolina and upon paymentof the usual license fee.

(i) The provisions of this Article shall not apply to aretailer, as defined in G.S. 105-164.3(35), who, in theordinary course of business, enters into a transactionwith a buyer in which the retailer of a water heater soldfor installation in a one- or two-family residentialdwelling contracts with a licensee under this Article toprovide the installation services for the water heater ifthe retail sales and installation contract with the buyeris signed by the buyer, the retailer, and the licensee and

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bears the licensee's license number and telephonenumber. All installation services rendered by thelicensee in connection with any such contract must beperformed in compliance with all building code, permit, and inspection requirements.

U) The provisions of this Article shall not apply to a person primarily engaged in the retail sale of goods andservices who contracts for or arranges financing for thesale and installation of a single-family residential heating or cooling system for which a license to install suchsystem is required under this Article, provided all of thefollowing requirements are met:

1. No contract or proposal for sale or installation maybe presented to or signed by the buyer unless either(i) the specifications for and design of the systemhave been first reviewed and approved by anemployee of the retail seller who is licensed underthis Article or (ii) the specifications for and designof the system have been first reviewed andapproved by the person licensed under this Articlewho will install the system, if the installer is not anemployee of the retail seller. This subdivision doesnot prohibit the retailer from providing a writtenestimate to a potential buyer so long as no contractor proposal for contract is presented or signedprior to the review and approval required by thissubsection.

2. The person installing the system is licensed underthis Article.

3. The contract for sale and for installation is signedby the buyer, by an authorized representative ofthe retail seller, and by the licensed contractor andcontains the contractor's name, license number,and telephone number and the license number ofthe person approving the system design specifications.

4. Installation services are performed in compliancewith all applicable building codes, manufacturer'sinstallation instructions, and permit and inspectionrequirements.

5. The retailer provides, in addition to any other warranties it may offer with respect to the systemitself, a warranty for a period of at least one yearfor any defects in installation.

(k) The provisions of subsections (i) and U) of this sectionshall not apply to a system meeting the definition ofsubdivision (a)(ll) of this section.

Electrical Contractors

§ 87-43. Electrical contracting defined; licenses.

Electrical contracting shall be defined as engaging or offeringto engage in the business of installing, maintaining, alteringor repairing any electric work, wiring, devices, appliances orequipment. No person, partnership, firm or corporation shallengage, or offer to engage, in the business of electrical con-

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tracting within the State of North Carolina without havingreceived a license in the applicable classification described inG.S. 87-43.3 from the State Board of Examiners of ElectricalContractors in compliance with the provisions of this Article,regardless of whether the offer was made or the work was performed by a qualified individual as defined in G.S. 87-41.1.In each separate place of business operated by an electricalcontractor at least one listed qualified individual shall be regularlyon active duty and shall have the specific duty andauthority to supervise and direct all electrical wiring or electrical installation work done or made by such separate place ofbusiness. Every person, partnership, firm or corporationengaging in the business of electrical contracting shall displaya current certificate of license in his principal place of business and in each branch place of business which he operates.Licenses issued hereunder shall be signed by the chairmanand the secretary-treasurer of the Board, under the seal of theBoard. A registry of all licenses issued to electrical contractors shall be kept by the secretary-treasurer of the Board, andsaid registry shall be open for public inspection during ordinary business hours.

§ 87-43.1. Exceptions.

The provisions of this Article shall not apply:

1. To the installation, construction or maintenance offacilities for providing electric service to the publicahead of the point of delivery of electric service to thecustomer;

2. To the installation, construction, maintenance, or repairof telephone, telegraph, or signal systems, by publicutilities, or their corporate affiliates, when said workpertains to the services furnished by said public utilities;

3. To any person in the course of his work as a bona fideemployee of a licensee of this Board;

4. To the installation, construction or maintenance of electrical equipment and wiring for temporary use by contractors in connection with the work of construction;

5. To the installation, construction, maintenance or repairof electrical wiring, devices, appliances or equipmentby persons, firms or corporations, upon their own property when such property is not intended at the time forrent, lease, sale or gift, who regularly employ one ormore electricians or mechanics for the purpose ofinstalling, maintaining, altering or repairing of electrical wiring, devices or equipment used for the conducting of the business of said persons, firms orcorporations;

5a. To any person who is himself and for himselfinstalling, maintaining, altering or repairing electric work, wiring, devices, appliances or equipment upon his own property when such propertyis not intended at the time for rent, lease, or sale;

6. To the installation, construction, maintenance or repairof electrical wiring, devices, appliances or equipment byState institutions and private educational institutionswhich maintain a private electrical department;


7. To the replacement of lamps and fuses and to the installation and servicing of cord-connected appliances andequipment connected by means of attachment plug-indevices to suitable receptacles which have been permanently installed or to the servicing of appliances connected to a permanently installed junction box. Thisexception does not apply to permanently installed receptacles or to the installation of the junction box.

§ 87-43.2. Issuance of license.

(a) A person, partnership, firm, or corporation shall be eligible to be licensed as an electrical contractor and tohave such license renewed, subject to the provisions ofthis Article, provided:

1. At least one listed qualified individual shall be regularly employed by the applicant at each separateplace of business to have the specific duty andauthority to supervise and direct electrical contracting done by or in the name of the licensee;

2. An application is filed with the Board which contains a statement of ownership, states the namesand official positions of all employees who arelisted qualified individuals and provides suchother information as the Board may reasonablyrequire;

3. The applicant, through an authorized officer orowner, shall agree in writing to report to the Boardwithin five days any additions to or loss of theemployment of listed qualified individuals; and

4. The applicant furnishes, upon the initial application for a license, a bonding ability statement completed by a bonding company licensed to dobusiness in North Carolina, verifying the applicant's ability to furnish performance bonds forelectrical contracting projects having a value inexcess of the project value limit for a limitedlicense established pursuant to G.S. 87-43.3 for theintermediate license classification and in excess ofthe project value limit for an intermediate licenseestablished pursuant to G.S. 87-43.3 for the unlimited license classification. In lieu of furnishing thebonding ability statement, the applicant may submit for evaluation and specific approval of theBoard other information certifying the adequacyof the applicant's financial ability to engage in projects of the license classification applied for. Thebonding ability statement or other financial information must be submitted in the same name as thelicense to be issued. If the firm for which a licenseapplication is filed is owned by a sole proprietor,the bonding ability statement or other financialinformation may be furnished in either the firmname or the name of the proprietor. However, ifthe application is submitted in the name of a soleproprietor, the applicant shall submit informationverifying that the person in whose name the application is made is in fact the sole proprietor of thefirm.

5. Repealed by Session Laws 1989, c. 709, s. 5.



(b) A license shall indicate the names and classifications ofall listed qualified individuals employed by the applicant. A license shall be cancelled if at any time no listedqualified individual is regularly employed by the applicant; provided, that work begun prior to such cancellation may be completed under such conditions as theBoard shall direct; and provided further that no workfor which a license is required under this Article may bebid for, contracted for or initiated subsequent to suchcancellation until said license is reinstated by theBoard.

§ 87-43.3. Classification of licenses.

An electrical contracting license shall be issued in one of thefollowing classifications: Limited, under which a licensee shallbe permitted to engage in a single electrical contracting projectof a value, as established by the Board, not in excess of onehundred thousand dollars ($100,000) and on which the equipment or installation in the contract is rated at not more than 600volts; Intermediate, under which a licensee shall be permittedto engage in a single electrical contracting project of a value, asestablished by the Board, not in excess of two hundred thousand dollars ($200,000); Unlimited, under which a licenseeshall be permitted to engage in any electrical contracting project regardless of value; and such other special Restricted classifications as the Board may establish from time to time toprovide, (i) for the licensing of persons, partnerships, firms orcorporations wishing to engage in special restricted electricalcontracting, under which license a licensee shall be permittedto engage only in a specific phase of electrical contracting of aspecial, limited nature, and (ii) for the licensing of persons,partnerships, firms or corporations wishing to engage in electrical contracting work as an incidental part of their primarybusiness, which is a lawful business other than electrical contracting, under which license a licensee shall be permitted toengage only in a specific phase of electrical contracting of aspecial, limited nature directly in connection with said primarybusiness. The Board may establish appropriate standards foreach classification, such standards not to be inconsistent withthe provisions of G.S. 87-42. The Board may, by rule, modifythe project value limitations up to the maximum amounts setforth in this section for limited and intermediate licenses nomore than once every three years based upon an increase ordecrease in the project cost index for electrical projects in thisState.

Refrigeration Contractors

§ 87-57. License required of persons, firms or corporationsengaged in the refrigeration trade.

In order to protect the public health, safety, morals, order andgeneral welfare of the people of this State, all persons, firms orcorporations, whether resident or nonresident of the State ofNorth Carolina, before engaging in refrigeration business orcontracting, as defined in this Article, shall first apply to theBoard and shall procure a license.

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§ 87-58. Definitions; contractors licensed by Board; examinations.

(a) As applied in this Article, "refrigeration trade or business" is defined to include all persons, firms or corporations engaged in the installation, maintenance,servicing and repairing of refrigerating machinery,equipment, devices and components relating theretoand within limits as set forth in the codes, laws and regulations governing refrigeration installation, maintenance, service and repairs within the State of NorthCarolina or any of its political subdivisions. This Article shall not apply to the replacement of lamps andfuses and to the installation and servicing of domestichousehold refrigerators and freezers or domesticice-making appliances connected by means of attachment plug-in devices to suitable receptacles whichhave been permanently installed. The provisions of thisArticle shall not repeal any wording, phrase, or paragraph as set forth in Article 2 of Chapter 87 of the General Statutes. This Article shall not apply to employeesof persons, firms, or corporations or persons, firms orcorporations, not engaged in refrigeration contractingas herein defined, that install, maintain and servicetheir own refrigerating machinery, equipment anddevices. The provisions of this Article shall not apply toany person, firm or corporation engaged in the businessof selling, repairing and installing any comfort coolingdevices or systems.

(b) The term "refrigeration contractor" means a person,firm or corporation engaged in the business of refrigeration contracting.

(b1) The term "transport refrigeration contractor" means aperson, firm, or corporation engaged in the business ofinstallation, maintenance, servicing, and repairing oftransport refrigeration.

(c) Any person, firm or corporation who for valuable consideration engages in the refrigeration business or tradeas herein defined shall be deemed and held to be in thebusiness of refrigeration contracting.

(d) In order to protect the public health, comfort and safety,the Board shall prescribe the standard of experience tobe required of an applicant for license and shall give anexamination designed to ascertain the technical andpractical knowledge of the applicant concerning theanalysis of plans and specifications, estimating cost,fundamentals of installation and design as they pertainto refrigeration; and as a result of the examination, theBoard shall issue a certificate of license in refrigerationto applicants who pass the required examination and alicense shall be obtained in accordance with the provi sions of this Article, before any person, firm or corporation shall engage in, or offer to engage in the businessof refrigeration contracting. The Board shall prescribestandards for and issue licenses for refrigeration contracting and for transport refrigeration contracting. Atransport refrigeration contractor license is a specialtylicense that authorizes the licensee to engage only intransport refrigeration contracting. A refrigeration

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contractor licensee is authorized to engage in transportrefrigeration and all other aspects of refrigeration contracting.

Each application for examination shall be accompanied by a check, post-office money order or cash in theamount of the annual license fee required by this Article. Regular examinations shall be given in the monthsof April and October ofeach year and additional examinations may be given at times the Board deems wiseand necessary. Any person may demand in writing aspecial examination and upon payment by the applicantof the cost of holding the examination and the depositof the amount of the annual license fee, the Board in itsdiscretion will fix a time and place for the examination.

(f) Licenses Granted without an Examination. Personswho had an established place ofbusiness prior to July 1,1979, and who produce satisfactory evidence that theyare engaged in the refrigeration business as hereindefined in any city, town or other area in which Article5 of Chapter 87 of the General Statutes did not previ0usly apply shall be granted a certificate of license,without examination, upon application to the Boardand payment of the license fee, provided completedapplications shall be made prior to June 30, 1981.

(g) The current license issued in accordance with the provisions of this Article shall be posted in the business location of the licensee, and its number shall appear on allproposals or contracts and requests for permits issuedby municipalities.

(h) A transport refrigeration contractor having an established place of business doing transport refrigerationcontracting prior to October 1, 1995, shall be granted atransport refrigeration contracting specialty license,without examination, if the person produces satisfactory evidence the person is engaged in transport refrigeration contracting, pays the required license fee, andapplies to the Board prior to January 1, 1997. The current specialty license shall be posted in accordance withsubsection (g) of this section.

(i) Nothing in this Article shall relieve the holder of alicense issued under this section from complying withthe building or electrical codes, statutes, or ordinancesof the State or of any county or municipality or fromresponsibility or liability for negligent acts in connection with refrigeration contracting work. The Boardshall not be liable in damages, or otherwise, for the negIigent acts of licensees.

U) The Board in its discretion upon application may granta reciprocal license to a person holding a valid, activesubstantially comparable license from another jurisdiction, but only to the extent the other jurisdiction grantsreciprocal privileges to North Carolina licensees.

Engineers

§ 89C-3. Definitions.

The following definitions apply in this Chapter:


1. Board. The North Carolina State Board of Examinersfor Engineers and Surveyors provided for by this Chapter.

1a. Business firm. A partnership, firm, association,or another organization or group that is not a corporation and is acting as a unit.

2. Engineer. A person who, by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods ofengineering analysis and design, acquired by engineering education and engineering experience, is qualifiedto practice engineering.

3. Engineering intern. A person who complies with therequirements for education, experience and character,and has passed an examination in the fundamentalengineering subjects, as provided in this Chapter.

3a. Inactive licensee. Licensees who are not engagedin the practice of engineering or land surveyingin this State.

4. Land surveyor intern. A person who has qualified for,taken, and passed an examination on the basic disciplines of land surveying as provided in this Chapter.

5. Person. Any natural person, firm, partnership, corporation or other legal entity.

6. Practice of engineering.

a. Any service or creative work, the adequate performance of which requires engineering education,training, and experience, in the application of special knowledge of the mathematical, physical, andengineering sciences to such services or creativework as consultation, investigation, evaluation,planning, and design of engineering works andsystems, planning the use of land and water, engineering surveys, and the observation of construction for the purposes of assuring compliance withdrawings and specifications, including the consultation, investigation, evaluation, planning, anddesign for either private or public use, in connection with any utilities, structures, buildings,machines, equipment, processes, work systems,projects, and industrial or consumer products orequipment of a mechanical, electrical, hydraulic,pneumatic or thermal nature, insofar as theyinvolve safeguarding life, health or property, andincluding such other professional services as maybe necessary to the planning, progress and completion of any engineering services.

A person shall be construed to practice or offerto practice engineering, within the meaning andintent of this Chapter, who practices any branch ofthe profession of engineering; or who, by verbalclaim, sign, advertisement, letterhead, card, or inany other way represents the person to be a professional engineer, or through the use of some othertitle implies that the person is a professional engineer or that the person is licensed under this Chapter; or who holds the person out as able to perform,



or who does perform any engineering service orwork not exempted by this Chapter, or any otherservice designated by the practitioner which is recognized as engineering.

b. The term "practice of engineering" shall not beconstrued to permit the location, description,establishment or reestablishment of property linesor descriptions of land boundaries for conveyance.The term does not include the assessment of anunderground storage tank required by applicablerules at closure or change in service unless therehas been a discharge or release of the product fromthe tank.

7. Practice of land surveying.

a. Providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpretingreliable scientific measurements and informationrelative to the location, size, shape, or physical features of the earth, improvements on the earth, thespace above the earth, or any part of the earth,whether the gathering of information for the providing of these services is accomplished by conventional ground measurements, by aerialphotography, by global positioning via satellites,or by a combination of any of these methods, andthe utilization and development of these facts andinterpretations into an orderly survey map, plan,report, description, or project. The practice of landsurveying includes the following:

1. Locating, relocating, establishing, layingout, or retracing any property line, easement, or boundary of any tract of land;

2. Locating, relocating, establishing, or layingout the alignment or elevation of any of thefixed works embraced within the practice ofprofessional engineering;

3. Making any survey for the subdivision ofany tract of land, including the topography,alignment and grades of streets and incidental drainage within the subdivision, and thepreparation and perpetuation of maps,record plats, field note records, and propertydescriptions that represent these surveys;

4. Determining, by the use of the principles ofland surveying, the position for any surveymonument or reference point, or setting,resetting, or replacing any survey monument or reference point;

5. Determining the configuration or contour ofthe earth's surface or the position of fixedobjects on the earth's surface by measuringlines and angles and applying the principlesof mathematics or photogrammetry;

6. Providing geodetic surveying whichincludes surveying for determination of thesize and shape of the earth both horizontally

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and vertically and the precise positioning ofpoints on the earth utilizing angular and lin ear measurements through spatially orientedspherical geometry; and

7. Creating, preparing, or modifying electronicor computerized data, including land information systems and geographic informationsystems relative to the performance of thepractice of land surveying.

b. The term "practice of land surveying" shall not beconstrued to permit the design or preparation ofspecifications for (i) major highways; (ii)wastewater systems; (iii) wastewater or industrialwaste treatment works; (iv) pumping or lift stations; (v) water supply, treatment, or distributionsystems; (vi) streets or storm sewer systems exceptas incidental to a subdivision.

8. Professional engineer. A person who has been dulylicensed as a professional engineer by the Board established by this Chapter.

8a. Professional engineer, retired. A person who hasbeen duly licensed as a professional engineer bythe Board and who chooses to relinquish or not torenew a license and who applies to and isapproved by the Board to be granted the use ofthe honorific title "Professional Engineer,Retired."

9. Professional land surveyor. A person who, by reason ofspecial knowledge of mathematics, surveying principles and methods, and legal requirements which areacquired by education and/or practical experience, isqualified to engage in the practice of land surveying, asattested by the person's licensure as a professional landsurveyor by the Board.

9a. Professional land surveyor, retired. A personwho has been duly licensed as a professional landsurveyor by the Board and who chooses to relinquish or not to renew a license and who applies toand is approved by the Board to be granted theuse of the honorific title "Professional Land Surveyor, Retired."

10. Responsible charge. Direct control and personal supervision, either of engineering work or of land surveying,as the case may be.

§ 89C-23. Unlawful to practice engineering or land surveying without licensure; unlawful use of title or terms; penalties; Attorney General to be legal adviser.

Any person who shall practice, or offer to practice, engineeringor land surveying in this State without first being licensed inaccordance with the provisions of this Chapter, or any person,firm, partnership, organization, association, corporation, orother entity using or employing the words "engineer" or "engineering" or "professional engineer" or "professional engineering" or "land surveyor" or "land surveying," or anymodification or derivative of those words in its name or form ofbusiness or activity except as licensed under this Chapter or inpursuit of activities exempted by this Chapter, or any person

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presenting or attempting to use the certificate of licensure or theseal of another, or any person who shall give any false or forgedevidence of any kind to the Board or to any member of theBoard in obtaining or attempting to obtain a certificate oflicensure, or any person who shall falsely impersonate anyother licensee of like or different name, or any person who shallattempt to use an expired or revoked or nonexistent certificateof licensure, or who shall practice or offer to practice when notqualified, or any person who falsely claims that the person isregistered under this Chapter, or any person who shall violateany of the provisions of this Chapter, in addition to injunctiveprocedures set out hereinbefore, shall be guilty of a Class 2misdemeanor. In no event shall there be representation of orholding out to the public of any engineering expertise byunlicensed persons. It shall be the duty of all duly constitutedofficers of the State and all political subdivisions of the State toenforce the provisions of this Chapter and to prosecute any persons violating them.

The Attorney General of the State or an assistant shall act aslegal adviser to the Board and render any legal assistance necessary to carry out the provisions of this Chapter. The Boardmay employ counsel and necessary assistance to aid in theenforcement of this Chapter, and the compensation andexpenses for the assistance shall be paid from funds of theBoard.

Uniform Boiler and Pressure Vessel Act

§ 95-69.8. Short title.

This Article shall be known as the Uniform Boiler and PressureVessel Act of North Carolina.

§ 95-69.9. Definitions.

(a) The term "board" shall mean the North Carolina Boardof Boiler and Pressure Vessel Rules.

(b) The term "boiler" shall mean a closed vessel in whichwater is heated, steam is generated, steam is superheated, or any combination thereof, under pressure orvacuum by the direct or indirect application of heat.The term "boiler" shall also include fired units for heating or vaporizing liquids other than water where theseunits are complete within themselves.

(b1) The term "Chief Inspector" shall mean the individualappointed by the Commissioner to hold the office ofChief of the Boiler Safety Bureau within the Department of Labor. The Chief Inspector serves as the NorthCarolina member on the National Board of Boiler andPressure Vessel Inspectors.

(c) The term "Commissioner" shall mean the NorthCarolina Commissioner of Labor.

(d1) The term "Deputy Inspector" shall mean any Boiler andPressure Vessel Inspector who is employed by theDepartment of Labor and is subordinate to the ChiefInspector.

(e) The term "inspection certificate" or "certificate ofinspection" shall mean certification by the ChiefInspector that a boiler or pressure vessel is in compli-


ance with the rules and regulations adopted under thisArticle.

(f) The term "inspector's commission" shall mean a written authorization by the Commissioner for a personwho has met the qualifications set out in this Article toconduct inspections of boilers and pressure vessels.

(fl) The term "National Board" shall mean the NationalBoard of Boiler and Pressure Vessel Inspectors.

(f2) The term "person" shall mean any individual, association, partnership, firm, corporation, private organization, or the State of North Carolina or any politicalsubdivision of the State or any unit of local government.

(g) The term "pressure vessel" shall mean a vessel in whichthe pressure is obtained from an indirect source or bythe application of heat from an indirect source or adirect source, other than those included within the term"boiler."

§ 95-69.10. Application of Article; exemptions.

(a) This Article shall apply to all boilers and pressure vessels constructed, used, or designed for operation in thisState including all new and existing installations whichare operated in connection with business buildings,institutional buildings, industrial buildings, assemblybuildings, educational buildings, public residentialbuildings, recreation buildings, other public buildings,and water supplies. This Article shall also apply to boilers and hot water supply tanks, and heaters located inhotels, motels, tourist courts, camps, cottages, resortlodges, and similar places whenever the owner or operator advertises in any manner for transit patronage, orsolicits such business for temporary abode by transitpatrons.

(b) This Article shall not apply to:

1. Boilers and pressure vessels owned or operatedby the federal government, unless the agency inquestion has asked for coverage by this Article.

2. Pressure vessels used for transportation or storage of compressed gases when constructed incompliance with the specifications of the UnitedStates Department of Transportation and whencharged with gas marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United StatesDepartment of Transportation.

3. Portable pressure vessels used for agriculturalpurposes only or for pumping or drilling in anopen field for water, gas or coal, gold, talc, orother minerals and metals.

4. Boilers and pressure vessels which are located inprivate residences or in apartment houses of lessthan six families.

5. Repealed by Session Laws 2007-231, s. 1, effective July 18,2007.



6. Air tanks located on vehicles licensed under therules and regulations of other state authoritiesoperating under rules and regulations substantially similar to those of this State and used forcarrying passengers or freight within interstatecommerce.

7. Air tanks installed on right-of-way of railroadsand used directly in the operation of trains.

8. Any of the following pressure vessels that do notexceed the listed limitations if the vessel is notequipped with a quick actuating closure:

a. Five cubic feet in volume and 250 psig.

b. Three cubic feet in volume and 350 psig.

c. One and one-half cubic feet in volume and600 psig.

d. An inside diameter of 6 inches with no limitation on pressure.

9. Pressure vessels operating at a working pressurenot exceeding 15 psig.

10. Pressure vessels with a nominal water capacitynot exceeding 120 gallons and containing waterunder pressure at temperatures not exceeding120°F, including those containing air, the compression of which serves as a cushion.

11. Boilers and pressure vessels on railroad steamlocomotives that are subject to federal safety regulations pursuant to 49 C.F.R. § 30.

12. Repealed by Session Laws 1985, c. 620, s. 2.

13. Coil-type hot water supply boilers, generallyreferred to as steam jennies, where the water canflash into steam when released directly to theatmosphere through a manually operated nozzleand where adequate safety relief valves and controls are installed on them, provided none of thefollowing limitations are exceeded:

a. There is no drum, header, or other steamspace.

b. No steam is generated within the coil.

c. Maximum I-inch tube size.

d. Maximum 3/4-inch nominal pipe size.

e. Maximum 6-gallon nominal water storage capacity.

f. Water temperature of 350°F.

14. Pressure vessels containing water at a temperature not exceeding 11OaF except that this provision shall not exclude hydropneumatic pressurevessels from regulation.

15. An air tank that does not exceed 8 cubic feet involume that is installed on a service vehicle.

16. Autoclaves in medical offices and hospitals thatare less than 5 cubic feet in volume, even if theyare equipped with a quick actuating closure.

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17. Coil-type hot water supply boilers of the instantaneous type where adequate safety relief valvesand controls are installed if none of the followinglimitations are exceeded:

a. There is no drum, header, or other steamspace.

b. No steam is generated within the coil.

c. Maximum I-inch tube size.

d. Maximum 3/4-inch nominal pipe size.

e. Maximum 6-gallon nominal water storage capacity.

f. Water temperature not to exceed 250oP.

g. Maximum heat input does not exceed400,000 Btu/hr or 110 kW.

h. Maximum pressure of 260 psig.

18. Toy boilers, if all of the following apply:

a. The water containing volume of theboiler is less than one quart.

b. The operating pressure does not exceed15 psig.

c. The maximum outside diameter of theshell is no greater than 6 inches.

d. The boiler is manually fired by solidfuels.

19. Pressure vessels associated with electrical apparatus in electrical switchyards if the pressure vessels have proper pressure relief devices.

20. Carbon dioxide tanks used in beverage dispensing service.

(c) The construction and inspection requirements established by the Department ofLabor shall not apply to hotwater supply boilers which are directly fired with oil,gas or electricity, or hot water supply tanks heated bysteam or any other indirect means, which do not exceedany of the following limitations:

1. Heat input of 200,000 Btu/hr or 58.6 kW.


3. Nominal water capacity of 120 gallons.

provided that they are equipped with ASME Code andNational Board certified safety relief valves.

(d) The construction requirements established by theDepartment of Labor shall not apply to pressure vesselsinstalled in this State prior to December 31, 1981, that:

1. Are of one-piece, unwelded, forged construction;

2. Are constructed before January 1, 1981, and operating or could be operated, under the laws of anystate or Canadian Province that has adopted one ormore sections of the ASME Code;

3. Are transferred into this State without a change ofownership; and

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4. Are determined by the Chief Inspector to be constructed under standards substantially equivalentto those established by the department at the timeof transfer;


(e) The construction requirements established by theDepartment ofLabor shall not apply to pressure vesselsinstalled in this State prior to December 31, 1984, that:

1. Are manufactured from gray iron casting material,as specified by the American Society for Testingand Materials, (ASTM) 48-60T/30;

2. Are constructed before December 31, 1967, andoperating or could be operated, under the laws ofany state or Canadian Province that has adoptedone or more sections of the ASME Boiler and Pressure Vessel Code;

3. Are transferred into this State without a change ofownership; and

4. Are determined by the Chief Inspector to be constructed under standards substantially equivalentto those established by the department at the timeof transfer;


(f) The construction requirements established by theDepartment of Labor shall not apply tohydropneumatic tanks installed or operated by a community water system prior to January 1, 1986.

(g) The inspection requirements established by the Department of Labor shall not apply to pressure vessels usedfor transportation or storage of liquefied petroleum gasthat are subject to inspection in accordance with therequirements established by the Department of Agriculture and Consumer Services.

Accessibility Tax Credit

§ 105-130.22. Tax credit for construction of dwelling unitsfor handicapped persons.

There is allowed to corporate owners of multifamily rentalunits located in this State as a credit against the tax imposed bythis Part, an amount equal to five hundred fifty dollars($550.00) for each dwelling unit constructed by the corporateowner that conforms to Volume I-C of the North CarolinaBuilding Code for the taxable year within which the construction of the dwelling unit is completed. The credit is allowedonly for dwelling units completed during the taxable year thatwere required to be built in compliance with Volume I-C of theNorth Carolina Building Code. If the credit allowed by this section exceeds the tax imposed by this Part reduced by all othercredits allowed, the excess may be carried forward for the nextsucceeding year. In order to secure the credit allowed by thissection the corporation shall file with its income tax return acopy of the occupancy permit on the face of which is recordedby the building inspector the number of units completed during


the taxable year that conform to Volume I-C of the NorthCarolina Building Code. After recording the number of theseunits on the face of the occupancy permit, the building inspector shall promptly forward a copy of the permit to the BuildingAccessibility Section of the Department of Insurance.

§ 105-151.1. Credit for construction of dwelling units forhandicapped persons.

An owner of multifamily rental units located in this State isallowed a credit against the tax imposed by this Part equal tofive hundred fifty dollars ($550.00) for each dwelling unit constructed by the owner that conforms to Volume I-C of the NorthCarolina Building Code for the taxable year within which theconstruction of the dwelling unit is completed. The credit isallowed only for dwelling units completed during the taxableyear that were required to be built in compliance with VolumeI-C of the North Carolina Building Code. If the credit allowedby this section exceeds the tax imposed by this Part reduced byall other credits allowed, the excess may be carried forward forthe next succeeding year. In order to claim the credit allowed bythis section, the taxpayer must file with the income tax return acopy of the occupancy permit on the face of which is recordedby the building inspector the number of units completed duringthe taxable year that conform to Volume I-C of the NorthCarolina Building Code. After recording the number of theseunits on the face of the occupancy permit, the building inspector shall promptly forward a copy of the permit to the BuildingAccessibility Section of the Department of Insurance.

Public Schools

§ 115C-525. Fire prevention.

(a) Duty of Principal Regarding Fire Hazards. The principal of every public school in the State shall have the following duties regarding fire hazards during periodswhen he is in control of a school:

1. Every principal shall make certain that all corridors' halls, and tower stairways which are used forexits shall always be kept clear and that nothingshall be permitted to be stored or kept in corridorsor halls, or in, on or under stairways that could inany way interfere with the orderly exodus ofoccupants. The principal shall make certain that alldoors used for exits shall be kept in good workingcondition. During the occupancy of the buildingor any portion thereof by the public or for schoolpurposes, the principal shall make certain that alldoors necessary for prompt and orderly exodus ofthe occupants are kept unlocked.

2. Every principal shall make certain that no electrical wiring shall be installed within any schoolbuilding or structure or upon the premises andthat no alteration or addition shall be made in anyexisting wiring, except with the authorization ofthe superintendent. Any such work shall be performed by a licensed electrical contractor, or by amaintenance electrician regularly employed by



the board ofeducation and approved by the Commissioner of Insurance.

3. Every principal shall make certain that combustible materials necessary to the curriculum and forthe operation of the school shall be stored in asafe and orderly manner.

4. Every principal shall make certain that all supplies, such as oily rags, mops, etc., which maycause spontaneous combustion, shall be stored inan orderly manner in a well-ventilated place.

5. Every principal shall make certain that all trashand rubbish shall be removed from the schoolbuilding daily. No trash or rubbish shall be permitted to accumulate in a school attic, basementor other place on the premises.

6. Every principal shall cooperate in every waywith the authorized building inspector, electricalinspector, county fire marshal or other designated person making the inspections required byG.S. 115C-525(b).

It shall further be the duty of the principal to bring tothe attention of the local superintendent of schools thefailure of the building inspector, electrical inspector,county fire marshal, or other person to make the inspections required by G.S. 115C-525(b). It shall further bethe duty of the principal to call to the attention of thesuperintendent of schools all recommendations growing out of the inspections, in order that the properauthorities can take steps to bring about the necessarycorrections.

(b) Inspection of Schools for Fire Hazards; Removal ofHazards. Every public school building in the State shallbe inspected a minimum of two times during the year inaccordance with the following plan: Provided, that theperiodic inspections herein required shall be at least120 days apart:

1. Each school building shall be inspected to makecertain that none of the fire hazards enumeratedin G.S. 115C-525(a)(1) through (5) exist, and toensure that the building and all heating, mechanical, electrical, gas, and other equipment andappliances are properly installed and maintainedin a safe and serviceable manner as prescribed bythe North Carolina Building Code. Followingeach inspection, the persons making the inspection shall furnish to the principal of the school awritten report of conditions found during inspection, upon forms furnished by the Commissionerof Insurance, and the persons making the inspection shall also furnish a copy of the report to thesuperintendent of schools; the superintendentshall keep such copy on file for a period of threeyears. In addition to the periodic inspectionsherein required, any alterations or additions toexisting school buildings or to school buildingutilities or appliances shall be inspected immediately following completion.

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2. The board of county commISSIoners of eachcounty shall designate the persons to make theinspections and reports required by subdivision(1) of this subsection. The board may designateany city or county building inspector, any city orcounty fire prevention bureau, any city or countyelectrical inspector, the county fire marshal, orany other qualified persons, but no person shallmake any inspection unless he shall be qualified asrequired by G.S. 153A-351.1 and Section 7 ofChapter 531 ofthe 1977 Session Laws. Nothing inthis section shall be construed as prohibiting twoor more counties from designating the same persons to make the inspections and reports requiredby subdivision (1) of this subsection. The board ofcounty commissioners shall compensate or provide for the compensation of the persons designated to make all such inspections and reports.The board of county commissioners may makeappropriations in the general fund of the county tomeet the costs of such inspections, or in the alternative the board may add appropriations to theschool current expense fund to meet the coststhereof: Provided, that if appropriations are addedto the school current expense fund, such appropriations shall be in addition to and not in substitutionofexisting school current expense appropriations.

3. It shall be the duty of the Commissioner of Insurance' the Superintendent of Public Instruction,and the State Board of Education to prescribe anyadditional rules and regulations which they maydeem necessary in connection with such inspections and reports for the reduction of fire hazardsand protection of life and property in publicschools.

4. It shall be the duty of each principal to make certain that all fire hazards called to his attention inthe course of the inspections and reports requiredby subdivision (1) of this subsection are immediately removed or corrected, if such removal orcorrection can be accomplished by the principal.If such removal or correction cannot be accomplished by the principal, it shall be the duty of theprincipal to bring the matter to the attention of thesuperintendent.

5. It shall be the duty of each superintendent ofschools to make certain that all fire hazardscalled to his attention in the course of the inspections and reports required by subdivision (1) ofthis subsection and not removed or corrected bythe principals as required by subdivision (4) ofthis subsection are removed or corrected, if suchremoval or correction can be brought aboutwithin the current appropriations available to thesuperintendent. Where any removal or correction of a hazard will require the expenditure offunds in excess of current appropriations, it shallbe the duty of the superintendent to bring thematter to the attention of the appropriate board of

32

education, and the board of education in turnshall bring the same to the attention of the boardof county commissioners, in order that immediate steps be taken, within the framework of existing law, to remove or correct the hazard.

(c) Liability for Failure to Perform Duties Imposed by G.S.1I5C-288 and 1I5C-525(a) or 1I5C-525(b). Any person willfully failing to perform any of the dutiesimposed by G.S. 1I5C-288, 1I5C-525(a) or1I5C-525(b) shall be guilty of a Class 3 misdemeanorand shall only be fined not more than five hundred dollars ($500.00) in the discretion of the court.

Liquefied Petroleum Gases

§ 119-54. Purpose; definitions; scope of Article.

(a) It is the purpose of this Article to provide for the adoption and promulgation of a code of safety, and suchrules and regulations setting forth minimum generalstandards of safety for the design, construction, location, installation, and operation of the equipment usedin handling, storing, measuring, transporting, distributing, and utilizing liquefied petroleum gases and to provide for the administration and enforcement of the codeand such rules and regulations thereby adopted. Wordsused in this Article shall be defined as follows:

1. "Board" means the North Carolina Board of Agriculture.

2. "Commissioner" means the Commissioner ofAgriculture or his designated agent.

3. "Dealer" means any person, firm, or corporationwho is engaged in or desires to engage in:

a. The business of selling or otherwise dealingin liquefied petroleum gases which requirehandling, storing, measuring, transporting,or distributing liquefied petroleum gas; or

b. The business of installing, servicing, repairing, adjusting, connecting, or disconnectingcontainers, equipment, or appliances whichuse liquefied gas. A person who engages inany of the aforementioned activities only inconnection with his or his employer's use ofliquefied petroleum gas and not as a businessshall not be deemed to be a "dealer" for thepurposes of this Article.

4. "Liquefied petroleum gas" means any materialwhich is composed predominantly of any of thefollowing hydrocarbons, or mixtures of the same:propane, propylene, butanes (normal butanes orisobutane), butylenes.

(b) This Article does not apply to the design, construction,location, installation, or operation of equipment orfacilities covered by the Building Code pursuant toArticle 9 of Chapter 143 of the General Statutes.


Wastewater Systems

§ 130A-336. Improvement permit and authorization forwastewater system construction required.

(a) Any proposed site for a residence, place of business, orplace of public assembly in an area not served by anapproved wastewater system shall be evaluated by thelocal health department in accordance with rulesadopted pursuant to this Article. An improvement permit shall be issued in compliance with the rules adoptedpursuant to this Article. An improvement permit shallinclude:

1. For permits that are valid without expiration, aplat or, for permits that are valid for five years, asite plan.

2. A description of the facility the proposed site isto serve.

3. The proposed wastewater system and its location.

4. The design wastewater flow and characteristics.

5. The conditions for any site modifications.

6. Any other information required by the rules ofthe Commission.

The improvement permit shall not be affected bychange in ownership of the site for the wastewater system provided both the site for the wastewater system andthe facility the system serves are unchanged and remainunder the ownership or control of the person owning thefacility. No person shall commence or assist in the construction, location, or relocation of a residence, place ofbusiness, or place ofpublic assembly in an area not servedby an approved wastewater system unless an improvement permit and an authorization for wastewater systemconstruction are obtained from the local health department. This requirement shall not apply to a manufacturedresidence exhibited for sale or stored for later sale andintended to be located at another site after sale.

(b) The local health department shall issue an authorizationfor wastewater system construction authorizing work toproceed and the installation or repair of a wastewatersystem when it has determined after a field investigationthat the system can be installed and operated in compliance with this Article and rules adopted pursuant to thisArticle. This authorization for wastewater system construction shall be valid for a period equal to the period ofvalidity of the improvement permit, not to exceed fiveyears, and may be issued at the same time the improvement permit is issued. No person shall commence orassist in the installation, construction, or repair of awastewater system unless an improvement permit and anauthorization for wastewater system construction havebeen obtained from the Department or the local healthdepartment. No improvement permit or authorization forwastewater system construction shall be required formaintenance of a wastewater system. The Departmentand the local health department may impose conditions onthe issuance of an improvement permit and an authorization for wastewater system construction.



(c) Unless the Commission otherwise provides by rule,plans, and specifications for all wastewater systemsdesigned for the collection, treatment, and disposal ofindustrial process wastewater shall be reviewed andapproved by the Department prior to the issuance of anauthorization for wastewater system construction bythe local health department.

(d) If a local health department repeatedly fails to issue ordeny improvement permits for conventional septic tanksystems within 60 days of receiving completed applications for the permits, then the Department of Environment and Natural Resources may withhold public healthfunding from that local health department.

§ 130A-337. Inspection; operation permit required.

(a) No system of wastewater collection, treatment and disposal shall be covered or placed into use by any personuntil an inspection by the local health department hasdetermined that the system has been installed or repairedin accordance with any conditions of the improvementpermit, the rules, and this Article.

(b) Upon determining that the system is properly installedor repaired and that the system is capable ofbeing operated in accordance with the conditions of the improvement permit, the rules, this Article and any conditionsto be imposed in the operation permit, as applicable, thelocal health department shall issue an operation permitauthorizing the residence, place of business or place ofpublic assembly to be occupied and for the system to beplaced into use or reuse.

(c) Upon determination that an existing wastewater systemhas a valid operation permit and is operating properly ina manufactured home park, the local health departmentshall issue authorization in writing for a manufacturedhome to be connected to the existing system and to beoccupied. Notwithstanding G.S. 130A-336, an improvement permit is not required for the connection of a manufactured home to an existing system with a validoperation permit in a manufactured home park.

(d) No person shall occupy a residence, place of businessor place of public assembly, or place a wastewater system into use or reuse for a residence, place of businessor place of public assembly until an operation permithas been issued or authorization has been obtained pursuant to G.S. 130A-337(c).

§ 130A-338. Authorization for wastewater system construction required before other permits to be issued.

Where construction, location or relocation is proposed to bedone upon a residence, place of business or place of publicassembly, no permit required for electrical, plumbing, heating,air conditioning or other construction, location or relocationactivity under any provision of general or special law shall beissued until an authorization for wastewater system construction has been issued under G.S. 130A-336 or authorization hasbeen obtained under G.S. 130A-337(c).

§ 130A-339. Limitation on electrical service.

No person shall allow permanent electrical service to a residence' place of business or place of public assembly upon con-

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struction, location or relocation until the official electricalinspector with jurisdiction as provided in G.S. 143-143.2 certifies to the electrical supplier that the required improvement permit authorization for wastewater system construction and anoperation permit or authorization under G.S. 130A-337(c) hasbeen obtained. Temporary electrical service necessary for constructing a residence, place of business or place ofpublic assembly can be provided upon compliance with G.S. 130A-338.

Public Works

§ 133-1. Employment of architects, etc., on public workswhen interested in use of materials prohibited.

It shall be unlawful for any architect, engineer, or other individual, firm, or corporation providing design services for any city,county or State work supported wholly or in part with publicfunds, knowingly to specify any building materials, equipmentor other items which are manufactured, sold or distributed byany firm or corporation in which such designer or specifier hasa financial interest by reason of being a partner, officer,employee, agent or substantial stockholder.

§ 133-1.1. Certain buildings involving public funds to bedesigned, etc., by architect or engineer.

(a) In the interest of public health, safety and economy,every officer, board, department, or commissioncharged with the duty of approving plans and specifications or awarding or entering into contracts involvingthe expenditure of public funds in excess of:

1. Three hundred thousand dollars ($300,000) forthe repair of public buildings where such repairdoes not include major structural change in framing or foundation support systems, or five hundred thousand dollars ($500,000) for the repairof public buildings by The University of NorthCarolina or its constituent institutions wheresuch repair does not include major structuralchange in framing or foundation support systems.

1a. One hundred thousand dollars ($100,000)for the repair of public buildings affectinglife safety systems,

2. One hundred thirty-five thousand dollars($135,000) for the repair of public buildingswhere such repair includes major structuralchange in framing or foundation support systems, or

3. One hundred thirty-five thousand dollars($135,000) for the construction of, or additionsto, public buildings or State-owned and operatedutilities, shall require that such plans and specifications be prepared by a registered architect, inaccordance with the provisions of Chapter 83Aof the General Statutes, or by a registered engineer, in accordance with the provisions of Chapter 89C of the General Statutes, or by botharchitect and engineer, particularly qualified bytraining and experience for the type of work

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involved, and that the North Carolina seal of sucharchitect or engineer together with the name andaddress of such architect or engineer, or both, beplaced on all these plans and specifications.

(b) 1. On all projects requiring the services of an architect,an architect shall conduct frequent and regularinspections or such inspections as required by contract and shall issue a signed and sealed certificate ofcompliance to the awarding authority that:

a. The inspections of the construction, repairs orinstallations have been conducted with thedegree of care and professional skill and judgment ordinarily exercised by a member of thatprofession; and

b. To the best of his knowledge and in the professional opinion of the architect, the contractorhas fulfilled the obligations of such plans, specifications, and contract.

2. On all projects requiring the services of an engineer,an engineer shall conduct frequent and regularinspections or such inspections as required by contract and shall issue a signed and sealed certificate ofcompliance to the awarding authority that:

a. The inspections of the construction, repairs, orinstallations have been conducted with thedegree of care and professional skill and judgment ordinarily exercised by a member of thatprofession; and

b. To the best of his knowledge and in the professional opinion of the engineer, the contractorhas fulfilled the obligations of such plans, specifications, and contract.

3. No certificate of compliance shall be issued until thearchitect and/or engineer is satisfied that the contractor has fulfilled the obligations of such plans,specifications, and contract.

(c) The following shall be excepted from the requirementsof subsection (a) of this section:

1. Dwellings and outbuildings in connection therewith, such as barns and private garages.

2. Apartment buildings used exclusively as the residence of not more than two families.

3. Buildings used for agricultural purposes otherthan schools or assembly halls which are notwithin the limits of a city or an incorporated village.

4. Temporary buildings or sheds used exclusivelyfor construction purposes, not exceeding 20 feetin any direction, and not used for living quarters.

5. Pre-engineered garages, sheds, and workshopsup to 5,000 square feet used exclusively by city,county, public school, or State employees forpurposes related to their employment. Forpre-engineered garages, sheds, and workshopsconstructed pursuant to this subdivision, there


shall be a minimum separation of these structuresfrom other buildings or property lines of 30 feet.

(d) On projects on which no registered architect or engineer is required pursuant to the provisions of this section, the governing board or awarding authority shallrequire a certificate of compliance with the State Building Code from the city or county inspector for the specific trade or trades involved or from a registeredarchitect or engineer, except that the provisions of thissubsection shall not apply to projects where any of thefollowing apply:

1. The plans and specifications are approved by theDepartment of Administration, Division of StateConstruction, and the completed project isinspected by the Division of State Constructionand the State Electrical Inspector.

2. The project is exempt from the State BuildingCode.

3. The project has a total projected cost of less than$100,000 and does not alter life safety systems.

(e) All plans and specifications for public buildings of anykind shall be identified by the name and address of theauthor thereof.

(f) Neither the designer nor the contractor involved shallreceive his final payment until the required certificateof compliance shall have been received by the awarding authority.

(g) On all facilities which are covered by this Article, otherthan those listed in subsection (c) of this section andwhich require any job-installed finishes, the plans andspecifications shall include the color schedule.

§ 133-2. Drawing ofplans by material furnisher prohibited.

It shall be unlawful for any architect, engineer, designer ordraftsman, employed on county, State, or city works, to employor allow any manufacturer, his representatives or agents, towrite, plan, draw, or make specifications for such works or anypart thereof.

§ 133-3. Specifications to carry competitive items; substitution of materials.

All architects, engineers, designers, or draftsmen, when providing design services, or writing specifications, directly or indirectly, for materials to be used in any city, county or State work,shall specify in their plans the required performance and designcharacteristics of such materials. However, when it is impossibleor impractical to specify the required performance and designcharacteristics for such materials, then the architect, engineer,designer or draftsman may use a brand name specification solong as they cite three or more examples of items of equal designor equivalent design, which would establish an acceptable rangefor items of equal or equivalent design. The specifications shallstate clearly that the cited examples are used only to denote thequality standard of product desired and that they do not restrictbidders to a specific brand, make, manufacturer or specificname; that they are used only to set forth and convey to biddersthe general style, type, character and quality of product desired;and that equivalent products will be acceptable. Where it is



impossible to specify performance and design characteristics forsuch materials and impossible to cite three or more items due tothe fact that there are not that many items of similar or equivalentdesign in competition, then as many items as are available shallbe cited. On all city, county or State works, the maximuminterchangeability and compatibility of cited items shall berequired. The brand of product used on a city, county or Statework shall not limit competitive bidding on future works. Specifications may list one or more preferred brands as an alternate tothe base bid in limited circumstances. Specifications containinga preferred brand alternate under this section must identify theperformance standards that support the preference. Performancestandards for the preference must be approved in advance by theowner in an open meeting. Any alternate approved by the ownershall be approved only where (i) the preferred alternate will provide cost savings, maintain or improve the functioning of anyprocess or system affected by the preferred item or items, orboth, and (ii) a justification identifying these criteria is madeavailable in writing to the public. Substitution of materials,items, or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval;such approval or disapproval shall be made by the architect orengineer prior to the opening of bids. The purpose of this statuteis to mandate and encourage free and open competition on public contracts.

§ 133-4. Violation of Chapter made misdemeanor.

Any person, firm, or corporation violating the provisions ofthis Chapter shall be guilty of a Class 3 misdemeanor and uponconviction, license to practice his profession in this State shallbe withdrawn for a period of one year and he shall only be subject to a fine of not more than five hundred dollars ($500.00).

Inspection of State Owned Buildings

§ 143-135.1. State buildings exempt from county andmunicipal building requirements; consideration of recommendations by counties and municipalities.

(a) Buildings constructed by the State of North Carolina orby any agency or institution of the State in accordancewith plans and specifications approved by the Department of Administration or by The University of NorthCarolina or one of its affiliated or constituent institutions pursuant to G.S. 116-31.11 shall not be subject toinspection by any county or municipal authorities andshall not be subject to county or municipal buildingcodes and requirements.

(b) Inspection fees fixed by counties and municipalitiesshall not be applicable to such construction by the Stateof North Carolina. County and municipal authoritiesmay inspect any plans or specifications upon theirrequest to the Department of Administration or, withrespect to projects under G.S. 116-31.11, The University of North Carolina, and any and all recommendations made by them shall be given consideration.Requests by county and municipal authorities toinspect plans and specifications for State projects shallbe on the basis of a specific project. Should any agencyor institution of the State require the services of county

35


or municipal authorities, notice shall be given for theneed of such services, and appropriate fees for such services shall be paid to the county or municipality; provided, however, that the application for such services tobe rendered by any county or municipality shall haveprior written approval of the Department of Administration, or with respect to projects under G.S.116-31.11, The University of North Carolina.

(c) Notwithstanding any law to the contrary, including anylocal act, no county or municipality may imposerequirements that exceed the North Carolina StateBuilding Code regarding the design or construction ofbuildings constructed by the State of North Carolina.

Building Code Council and Building Code

§ 143-136. Building Code Council created; membership.

(a) Creation; Membership; Terms. There is hereby created aBuilding Code Council, which shall be composed of 17members appointed by the Governor, consisting of tworegistered architects, one licensed general contractor,one licensed general contractor specializing in residential construction, one licensed general contractor specializing in coastal residential construction, oneregistered engineer practicing structural engineering,one registered engineer practicing mechanical engineering, one registered engineer practicing electrical engineering' one licensed plumbing and heating contractor,one municipal or county building inspector, one licensedliquid petroleum gas dealer/contractor involved in thedesign of natural and liquid petroleum gas systems whohas expertise and experience in natural and liquid petroleum gas piping, venting and appliances, a representative of the public who is not a member of the buildingconstruction industry, a licensed electrical contractor, aregistered engineer on the engineering staff of a Stateagency charged with approval of plans of State-ownedbuildings, a municipal elected official or city manager, acounty commissioner or county manager, and an activemember of the North Carolina fire service with expertisein fire safety. In selecting the municipal and countymembers, preference should be given to members whoqualify as either a registered architect, registered engineer, or licensed general contractor. Of the members initially appointed by the Governor, three shall serve forterms of two years each, three shall serve for terms offour years each, and three shall serve for terms of sixyears each. Thereafter, all appointments shall be forterms of six years. The Governor may remove appointive members at any time. Neither the architect nor any ofthe above named engineers shall be engaged in the manufacture, promotion or sale of any building material, andany member who shall, during his term, cease to meetthe qualifications for original appointment (throughceasing to be a practicing member of the profession indicated or otherwise) shall thereby forfeit his membershipon the Council. In making new appointments or fillingvacancies, the Governor shall ensure that minorities andwomen are represented on the Council.

36

The Governor may make appointments to fill theunexpired portions of any terms vacated by reason ofdeath, resignation, or removal from office. In makingsuch appointment, he shall preserve the composition ofthe Council required above.

(b) Compensation. Members of the Building Code Councilother than any who are employees of the State shallreceive seven dollars ($7.00) per day, including necessary time spent in traveling to and from their place ofresidence within the State to any place of meeting or whiletraveling on official business of the Council. In addition,all members shall receive mileage and subsistenceaccording to State practice while going to and from anyplace of meeting, or when on official business of theCouncil.

§ 143-137. Organization of Council; rules; meetings; staff;fiscal affairs.

(a) First Meeting; Organization; Rules. Within 30 days afterits appointment, the Building Code Council shall meeton call of the Commissioner of Insurance. The Councilshall elect from its appointive members a chairman andsuch other officers as it may choose, for such terms as itmay designate in its rules. The Council shall adopt suchrules not inconsistent herewith as it may deem necessaryfor the proper discharge of its duties. The chairman mayappoint members to such committees as the work of theCouncil may require. In addition, the chairman shallestablish and appoint ad hoc code revision committees toconsider and prepare revisions and amendments to theCode volumes. Each ad hoc committee shall consist ofmembers of the Council, licensed contractors, anddesign professionals most affected by the Code volumefor which the ad hoc committee is responsible, andmembers of the public. The subcommittees shall meetupon the call of their respective chairs and shall reporttheir recommendations to the Council.

(b) Meetings. The Council shall meet regularly, at leastonce every six months, at places and dates to be determined by the Council. Special meetings may be calledby the chairman on his own initiative and must becalled by him at the request of two or more members ofthe Council. All members shall be notified by the chairman in writing of the time and place of regular and special meetings at least seven days in advance of suchmeeting. Seven members shall constitute a quorum. Allmeetings shall be open to the public.

(c) Staff. Personnel of the Division of Engineering of theDepartment of Insurance shall serve as a staff for theCouncil. Such staff shall have the duties of

1. Keeping an accurate and complete record of allmeetings, hearings, correspondence, laboratorystudies, and technical work performed by or for theCouncil, and making these records available forpublic inspection at all reasonable times;

2. Handling correspondence for the Council.

(d) Fiscal Affairs of the Council. All funds for the operations of the Council and its staff shall be appropriated to


the Department of Insurance for the use of the Council.All such funds shall be held in a separate or specialaccount on the books of the Department of Insurance,with a separate financial designation or code number tobe assigned by the Department of Administration or itsagent. Expenditures for staff salaries and operatingexpenses shall be made in the same manner as theexpenditure of any other Department of Insurancefunds. The Department of Insurance may hire suchadditional personnel as may be necessary to handle thework of the Building Code Council, within the limits offunds appropriated for the Council and with theapproval of the Council.

§ 143-138. North Carolina State Building Code.

(a) Preparation and Adoption. The Building Code Councilmay prepare and adopt, in accordance with the provisions of this Article, a North Carolina State BuildingCode. Before the adoption of the Code, or any part of theCode, the Council shall hold at least one public hearing.A notice of the public hearing shall be published in theNorth Carolina Register at least 15 days before the dateof the hearing. Notwithstanding G.S. 150B-2(8a)h., theNorth Carolina State Building Code as adopted by theBuilding Code Council is a rule within the meaning ofG.S. 150B-2(8a) and shall be adopted in accordancewith the procedural requirements of Article 2A of Chapter 150B of the General Statutes.

The Council shall request the Office of State Budgetand Management to prepare a fiscal note for a proposedCode change that has a substantial economic impact, asdefined in G.S. 150B-21.4(bl), or that increases thecost of residential housing by eighty dollars ($80.00) ormore per housing unit. The change can become effective only in accordance with G.S. 143-138(d). Neitherthe Department of Insurance nor the Council shall berequired to expend any monies to pay for the preparation of any fiscal note under this section by any personoutside of the Department or Council unless theDepartment or Council contracts with a third-partyvendor to prepare the fiscal note.

(b) Contents of the Code. The North Carolina State Building Code, as adopted by the Building Code Council,may include reasonable and suitable classifications ofbuildings and structures, both as to use and occupancy; general building restrictions as to location,height, and floor areas; rules for the lighting and ventilation of buildings and structures; requirements concerning means of egress from buildings andstructures; requirements concerning means of ingressin buildings and structures; rules governing construction and precautions to be taken during construction;rules as to permissible materials, loads, and stresses;rules governing chimneys, heating appliances, elevators, and other facilities connected with the buildingsand structures; rules governing plumbing, heating, airconditioning for the purpose of comfort cooling by thelowering of temperature, and electrical systems; andsuch other reasonable rules pertaining to the construction of buildings and structures and the installation of



particular facilities therein as may be found reasonably necessary for the protection of the occupants ofthe building or structure, its neighbors, and membersof the public at large.

In addition, the Code may regulate activities andconditions in buildings, structures, and premises thatpose dangers of fire, explosion, or related hazards.Such fire prevention code provisions shall be considered the minimum standards necessary to preserveand protect public health and safety, subj ect toapproval by the Council of more stringent provisionsproposed by a municipality or county as provided inG.S. 143-138(e). These provisions may include regulations requiring the installation of either battery-operated or electrical smoke detectors in everydwelling unit used as rental property, regardless of thedate of construction of the rental property. For dwelling units used as rental property constructed prior to1975, smoke detectors shall have an Underwriters'Laboratories, Inc., listing or other equivalent nationaltesting laboratory approval, and shall be installed inaccordance with either the standard of the NationalFire Protection Association or the minimum protection designated in the manufacturer's instructions,which the property owner shall retain or provide asproof of compliance.

The Code may contain provisions regulating everytype of building or structure, wherever it might be situated in the State.

Provided further, that nothing in this Article shall beconstrued to make any building rules applicable to farmbuildings located outside the building-rules jurisdiction of any municipality.

Provided further, that no building permit shall berequired under the Code or any local variance thereofapproved under subsection (e) for any construction,installation, repair, replacement, or alteration costingfive thousand dollars ($5,000) or less in any singlefamily residence or farm building unless the workinvolves: the addition, repair, or replacement of loadbearing structures; the addition (excluding replacement of same size and capacity) or change in thedesign of plumbing; the addition, replacement orchange in the design of heating, air conditioning, orelectrical wiring, devices, appliances, or equipment,the use of materials not permitted by the NorthCarolina Uniform Residential Building Code; or theaddition (excluding replacement of like grade of fireresistance) of roofing.

Provided further, that no building permit shall berequired under such Code from any State agency for theconstruction of any building or structure, the total costof which is less than twenty thousand dollars($20,000), except public or institutional buildings.

For the information of users thereof, the Code shallinclude as appendices

1. Any rules governing boilers adopted by theBoard of Boiler and Pressure Vessels Rules,

37


2. Any rules relating to the safe operation of elevators adopted by the Commissioner ofLabor, and

3. Any rules relating to sanitation adopted by theCommission for Health Services which theBuilding Code Council believes pertinent.

In addition, the Code may include references to suchother rules of special types, such as those of the Medical Care Commission and the Department of PublicInstruction as may be useful to persons using the Code.No rule issued by any agency other than the BuildingCode Council shall be construed as a part of the Code,nor supersede that Code, it being intended that they bepresented with the Code for information only.

Nothing in this Article shall extend to or be construed as being applicable to the regulation of thedesign, construction, location, installation, or operation of (1) equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuelpurposes or anhydrous ammonia or other liquid fertilizers, except for liquefied petroleum gas from the outletof the first stage pressure regulator to and includingeach liquefied petroleum gas utilization device within abuilding or structure covered by the Code, or (2) equipment or facilities, other than buildings, of a public utility, as defined in G.S. 62-3, or an electric or telephonemembership corporation, including without limitationpoles, towers, and other structures supporting electricor communication lines.

Nothing in this Article shall extend to or be construed as being applicable to the regulation of thedesign, construction, location, installation, or operation of industrial machinery. However, if during thebuilding code inspection process, an electrical inspector has any concerns about the electrical safety of apiece of industrial machinery, the electrical inspectormay refer that concern to the Occupational Safety andHealth Division in the North Carolina Department ofLabor but shall not withhold the certificate of occupancy nor mandate third-party testing of the industrialmachinery based solely on this concern. For the purposes of this paragraph, "industrial machinery" meansequipment and machinery used in a system of operations for the explicit purpose of producing a product.The term does not include equipment that is permanently attached to or a component part of a building andrelated to general building services such as ventilation,heating and cooling, plumbing, fire suppression or prevention, and general electrical transmission.

In addition, the Code may contain rules concerningminimum efficiency requirements for replacementwater heaters, which shall consider reasonable availability from manufacturers to meet installation spacerequirements and may contain rules concerning energyefficiency that require all hot water plumbing pipes thatare larger than one-fourth of an inch to be insulated.

No State, county, or local building code or regulationshall prohibit the use of special locking mechanisms forseclusion rooms in the public schools approved underG.S. 115C-391.1(e)(1)e., provided that the special

38

locking mechanism shall be constructed so that it willengage only when a key, knob, handle, button, or othersimilar device is being held in position by a person, andprovided further that, if the mechanism is electrically orelectronically controlled, it automatically disengageswhen the building's fire alarm is activated. Uponrelease of the locking mechanism by a supervisingadult, the door must be able to be opened readily.

(c) Standards to Be Followed in Adopting the Code. All regulations contained in the North Carolina State BuildingCode shall have a reasonable and substantial connectionwith the public health, safety, morals, or general welfare,and their provisions shall be construed reasonably tothose ends. Requirements of the Code shall conform togood engineering practice. The Council may use asguidance, but is not required to adopt, the requirementsof the International Building Code of the InternationalCode Council, the Standard Building Code of the Southern Building Code Congress International, Inc., the Uni-form Building Code of the International Conference ofBuilding Officials, the National Building Code of theBuilding Officials and Code Administrators, Inc., theNational Electric Code, the Life Safety Code, theNational Fuel Gas Code, the Fire Prevention Code ofthe National Fire Protection Association, the SafetyCode for Elevators and Escalators, and the Boiler andPressure Vessel Code of the American Society ofMechanical Engineers, and standards promulgated bythe American National Standards Institute, StandardsUnderwriters' Laboratories, Inc., and similar national orinternational agencies engaged in research concerningstrength of materials, safe design, and other factors bearing upon health and safety.

(d) Amendments of the Code. The Building Code Councilmay revise and amend the North Carolina State BuildingCode, either on its own motion or upon application fromany citizen, State agency, or political subdivision of theState. In adopting any amendment, the Council shallcomply with the same procedural requirements and thesame standards set forth above for adoption of the Code.

(e) Effect upon Local Codes. The North Carolina StateBuilding Code shall apply throughout the State, from thetime of its adoption. Approved rules shall become effective in accordance with G.S. 150B-21.3. However, anypolitical subdivision of the State may adopt a fire prevention code and floodplain management regulationswithin its jurisdiction. The territorial jurisdiction of anymunicipality or county for this purpose, unless otherwise specified by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areaswithin the corporate limits of the municipality and extraterritorial jurisdiction areas established as provided inG.S. 160A-360 or a local act; county jurisdiction shallinclude all other areas of the county. No such code orregulations, other than floodplain management regulations and those permitted by G.S. 160A-436, shall beeffective until they have been officially approved by theBuilding Code Council as providing adequate minimumstandards to preserve and protect health and safety, inaccordance with the provisions of subsection (c) above.



Section 1008 - Existing High-Rise Buildings

(i) Section 1008 of Chapter X of Volume 1 of the NorthCarolina State Building Code, Title "Special Safety toLife Requirements Applicable to Existing High-RiseBuildings" as adopted by the North Carolina StateBuilding Code Council on March 9, 1976, as ratifiedand adopted as follows:

SECTION 1008SPECIAL SAFETY TO LIFE REQUIREMENTS

APPLICABLE TO EXISTING HIGH-RISE BUILDINGS

1008 General.

(a) Applicability. Within a reasonable time, as fixed by"written order" of the building official, and except asotherwise provided in subsection U) of this sectionevery building the [then] existing, that qualifies forclassification under Table 1008.1 shall be consideredto be a high-rise building and shall be provided withsafety to life facilities as hereinafter specified. All otherbuildings shall be considered as low-rise.

NOTE: The requirements of Section 1008 shall beconsidered as minimum requirements to provide forreasonable safety to life requirements for existingbuildings and where possible, the owner and designershould consider the provisions of Section 506 applicable to new high-rise buildings.

Local floodplain regulations may regulate all types anduses of buildings or structures located in flood hazardareas identified by local, State, and federal agencies, andinclude provisions governing substantial improvements,substantial damage, cumulative substantial improvements, lowest floor elevation, protection of mechanicaland electrical systems, foundation construction, anchorage, acceptable flood resistant materials, and other measures the political subdivision deems necessaryconsidering the characteristics of its flood hazards andvulnerability. In the absence of approval by the BuildingCode Council, or in the event that approval is withdrawn, local fire prevention codes and regulations shallhave no force and effect. Provided any local regulationsapproved by the local governing body which are foundby the Council to be more stringent than the adoptedstatewide fire prevention code and which are found toregulate only activities and conditions in buildings,structures, and premises that pose dangers of fire, explosion or related hazards, and are not matters in conflictwith the State Building Code, shall be approved. Localgovernments may enforce the fire prevention code of theState Building Code using civil remedies authorizedunder G.S. 143-139, 153A-123, and 160A-175. If theCommissioner of Insurance or other State official withresponsibility for enforcement of the Code institutes acivil action pursuant to G.S. 143-139, a local government may not institute a civil action under G.S. 143-139,153A-123, or 160A-175 based upon the same violation.Appeals from the assessment or imposition of such civilremedies shall be as provided in G.S. 160A-434.

(f) Repealed.

(g) Publication and Distribution of Code. The BuildingCode Council shall cause to be printed, after adoption bythe Council, the North Carolina State Building Code andeach amendment thereto. It shall, at the State's expense,distribute copies of the Code and each amendment toState and local governmental officials, departments,agencies, and educational institutions, as is set out in thetable below. (Those marked by an asterisk will receivecopies only on written request to the Council.)

In addition, the Building Code Council shall makeadditional copies available at such price as it shall deemreasonable to members of the general public. The proceeds from sales of the Building Code shall be creditedto the Insurance Regulatory Fund under G.S. 58-6-25.

(h) Violations. Any person who shall be adjudged to haveviolated this Article or the North Carolina State Building Code, except for violations of occupancy limitsestablished by either, shall be guilty of a Class 3 misdemeanor and shall upon conviction only be liable to afine, not to exceed fifty dollars ($50.00), for eachoffense. Each 30 days that such violation continuesshall constitute a separate and distinct offense. Violation of occupancy limits established pursuant to theNorth Carolina State Building Code shall be a Class 3misdemeanor. Any violation incurred more than oneyear after another conviction for violation of the occupancy limits shall be treated as a first offense for purposes of establishing and imposing penalties.

OFFICIAL OR AGENCY

State Departments and Officials

Governor

Lieutenant Governor

Auditor

Treasurer

Secretary of State

Superintendent of Public Instruction

Attorney General (Library)

Commissioner of Agriculture

Commissioner of Labor

Commissioner of Insurance

Department of Environment and Natural Resources

Department of Health and Human Services

Office of Juvenile Justice

Board of Transportation

Utilities Commission

Department of Administration

Clerk of the Supreme Court

Clerk of the Court of Appeals

Department of Cultural Resources [State Library]

Supreme Court Library

Legislative Library

Schools

All state-supported colleges and universitiesin the State of North Carolina

Clerks of the Superior Courts

Chief Building Inspector of each incorporatedmunicipality or county

NUMBER OFCOPIES

* 1 each LocalOfficials

1 each



(b) Notification of Building Owner. The Department ofInsurance will send copies of amendments adopted to alllocal building officials with the suggestion that all localbuilding officials transmit to applicable building ownersin their jurisdiction copies of adopted amendments,within six months from the date the amendments areadopted, with the request that each building ownerrespond to the local building official how he plans tocomply with these requirements within a reasonabletime.

NOTE: Suggested reasonable time and proceduresfor owners to respond to the building official's request isas follows:

1. The building owner shall, upon receipt of writtenrequest from the building official on complianceprocedures within a reasonable time, submit anoverall plan required by 1008(c) below withinone year and within the time period specified inthe approved overall plan, but not to exceed fiveyears after the overall plan is approved, accomplish compliance with this section, as evidencedby completion of the work in accordance withapproved working drawings and specificationsand by issuance of a new Certificate of Compliance by the building official covering the work.Upon approval of building owner's overall plan,the building official shall issue a "written order,"as per 1008(a) above, to comply with Section1008 in accordance with the approved overallplan.

2. The building official may permit time extensionsbeyond five years to accomplish compliance inaccordance with the overall plan when the ownercan show just cause for such extension of time atthe time the overall plan is approved.

3. The local building official shall send secondrequest notices as per 1008(b) to building ownerswho have made no response to the request at theend of six months and a third request notice to noresponse building owners at the end of ninemonths.

4. If the building owner makes no response to anyof the three requests for information on how theowner plans to comply with Section 1008 within12 months from the first request, the buildingofficial shall issue a "written order" to the building owner to provide his building with the safetyto life facilities as required by this section and tosubmit an overall plan specified by (1) abovewithin six months with the 5-year time periodstarting on the date of the "written order."

5. For purposes of this section, the Construction Section of the Division of Health Service Regulation,Department of Health and Human Services, willnotify all non-State owned I-Institutional buildings requiring licensure by the Division of HealthService Regulation and coordinate compliancerequirements with the Department of Insuranceand the local building official.

(c) Submission of Plans and Time Schedule for CompletingWork. Plans and specifications, but not necessarilyworking drawings covering the work necessary to bringthe building into compliance with this section shall besubmitted to the building official within a reasonabletime. (See suggested time in NOTE of Section 1008(b)above). A time schedule for accomplishing the work,including the preparation ofworking drawings and specifications shall be included. Some of the work mayrequire longer periods of time to accomplish than others,and this shall be reflected in the plan and schedule.

NOTE: Suggested Time Period For Compliance:

SUGGESTED TIME PERIOD FOR COMPLIANCE

TIME FORITEM CLASS I (SECTION) CLASS II (SECTION) CLASS III (SECTION) COMPLETION

Signs in Elevator Lobbies and Elevator Cabs 1008.2(h) 1008.3(h) 1008.4(h) 180 days

Emergency Evacuation Plan 1008(b) NOTE: 180 days

Corridor Smoke Detectors (Includes alternative door closers) 1008.2(c) 1008.3(c) 1008.4(c) 1 year

Manual Fire Alarm 1008.2(a) 1008.3(a) 1008.4(a) 1 year

Voice Communication System Required 1008.2(b) 1008.3(b) 1008.4(b) 2 years

Smoke Detectors Required 1008.2(c) 1008.3(c) 1008.4(c) 1 year

Protection and Fire Stopping for Vertical Shafts 1008.2(f) 1008.3(f) 1008.4(f) 3 years

Special Exit Requirements-Number, Location and1008.2(e) 1008.3(e) 1008.4(e) 3 years

Illumination to be in accordance with Section 1007

Emergencv Electrical Power Suoolv 1008.2(d) 1008.3(d) 1008.4(d) 4 years

Soecial Exit Facilities Reauired 1008.2(e) 1008.3(e) 1008.4(e) 5 years

Comoartmentation for Institutional Buildings 1008.2(f) 1008.3(f) 1008.4(f) 5 years

Emergencv Elevator Reauirements 1008.2(h) 1008.3(h) 1008.4(h) 5 years

Central Alarm Facilitv Reauired 1008.3(i) 1008.4(i) 5 years

Areas of Refuge Reauired on Everv Eighth Floor 1008.4(i) 5 years

Smoke Venting 1008.4(k) 5 years

Fire Protection of Electrical Conductors 1008.4(1) 5 years

Sorinkler System Reauired 1008.4(m) 5 years


(d) Building Official Notification of Department of Insurance. The building official shall send copies of writtennotices he sends to building owners to the Engineeringand Building Codes Division for their files and alsoshall file an annual report by August 15th of each yearcovering the past fiscal year setting forth the workaccomplished under the provisions of this section.

(e) Construction Changes and Design of Life SafetyEquipment. Plans and specifications which containconstruction changes and design of life safety equipment requirements to comply with provisions of thissection shall be prepared by a registered architect inaccordance with provisions of Chapter 83A of the General Statutes or by a registered engineer in accordancewith provisions of Chapter 89C of the General Statutesor by both an architect and engineer particularly qualified by training and experience for the type of workinvolved. Such plans and specifications shall be submitted to the Engineering and Building Codes Divisionof the Department of Insurance for approval. Plans andspecifications for I-Institutional buildings licensed bythe Division of Health Service Regulation as noted in(b) above shall be submitted to the Construction Section of that Division for review and approval.

(f) Filing of Test Reports and Maintenance on Life SafetyEquipment. The engineer performing the design for theelectrical and mechanical equipment, including sprinkler systems, must file the test results with the Engineering and Building Codes Division of theDepartment of Insurance, or to the agency designatedby the Department of Insurance, that such systems havebeen tested to indicate that they function in accordancewith the standards specified in this section and according to design criteria. These test results shall be a prerequisite for the Certificate of Compliance required by(b) above. Test results for I-Institutional shall be filedwith the Construction Section, Division of Health Service Regulation. It shall be the duty and responsibilityof the owners of Class I, II and III buildings to maintainsmoke detection, fire detection, fire control, smokeremoval and venting as required by this section andsimilar emergency systems in proper operating condition at all times. Certification of full tests and inspections of all emergency systems shall be provided by theowner annually to the fire department.

(g) Applicability of Chapter X and Conflicts with OtherSections. The requirements of this section shall be inaddition to those of Sections 1001 through 1007; and incase of conflict, the requirements affording the higherdegree of safety to life shall apply, as determined by thebuilding official.

(h) Classes of Buildings and Occupancy Classifications.Buildings shall be classified as Class I, II or III according to Table 1008.1. In the case of mixed occupancies,for this purpose, the classification shall be the mostrestrictive one resulting from the application of themost prevalent occupancies to Table 1008.1.



FOOTNOTE: Emergency Plan. Owners, operators, tenants,administrators or managers of high-rise buildings should consult with the fire authority having jurisdiction and establishprocedures which shall include but not necessarily be limited tothe following:

1. Assignment of a responsible person to work with the fireauthority in the establishment, implementation andmaintenance of the emergency prefire plan.

2. Emergency plan procedures shall be supplied to all tenants and shall be posted conspicuously in each hotelguest room, each office area, and each schoolroom.

3. Submission to the local fire authority of an annualrenewal or amended emergency plan.

4. Plan should be completed as soon as possible.

1008.1 All existing buildings shall be classified as Class I, IIand III according to Table 1008.1.

1008.2 Requirements for existing Class I buildings.

All Class I buildings shall be provided with the following:

(a) An approved manual fire alarm system, meeting therequirements of Section 1125 and applicable portionsofNFPA 71, 72A, 72B, 72C or 72D, shall be providedunless the building is fully sprinklered or equippedwith an approved automatic fire detection system connected to the fire department.

(b) All Class I buildings shall meet the requirements ofSections 1001-1007.

(c) Smoke Detectors Required. At least one approvedlisted smoke detector tested in accordance withUL-167, capable of detecting visible and invisible particles of combustion shall be installed as follows:

1. All buildings classified as institutional, residentialand assembly occupancies shall be provided withlisted smoke detectors in all required exit corridorsspaced no further than 60 feet on center or morethan 15 feet from any wall. Exterior corridors opento the outside are not required to comply with thisrequirement. If the corridor walls have one-hourfire resistance rating with all openings protectedwith 13/ 4-inch solid wood core or hollow metaldoor or equivalent and all corridor doors areequipped with approved self-closing devices, thesmoke detectors in the corridor may be omitted.Detectors in corridors may be omitted when eachdwelling unit is equipped with smoke detectorswhich activate the alarm system.

2. In every mechanical equipment, boiler, electricalequipment, elevator equipment or similar roomunless the room is sprinklered or the room is separated from other areas by 2-hour fire-resistanceconstruction with all openings therein protectedwith approved fire dampers and Class B fire doors.(Approved listed fire (heat) detectors may be submitted for these rooms.)

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TABLE 1008.1SCOPE

CLASS1 OCCUPANCY GROUP (3)(4) OCCUPIED FLOOR ABOVE AVERAGE GRADE EXCEEDING HEIGHT (2)

Group R-ResidentialGroup B-BusinessGroup E-Educational

60' but less than 120' above average grade or 6 but less thanI2 stories above average grade.CLASS I Group A-Assembly

Group H-HazardousGroup I-Institutional-Restrained

Group 1-Institutional-Unrestrained 36' but less than 60' above average grade or 3 but less than 6 stories above average grade.

Group R-Residential

Group B-BusinessGroup E-Educational

120' but less than 250' above average grade or 12 but less than 25 stories above average grade.CLASS II Group A-Assembly

Group H-HazardousGroup I-Institutional-Restrained

Group 1-Institutional-Unrestrained 60' but less than 250' above average grade or 6 but less than 25 stories above average grade.

Group R-Residential

Group B-Business

CLASS III Group E-Educational 250' or 25 stories above average grade.Group I-InstitutionalGroup A-AssemblyGroup H-Hazardous

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.

NOTE 1: The entire building shall comply with this section when the building has an occupied floor above the height specified, except that portions of the buildingswhich do not exceed the height specified are exempt from this section, subject to the following provisions:

(a) Low-rise portions of Class I buildings must be separated from high-rise portions by I-hour construction.

(b) Low-rise portions of Class II and III buildings must be separated from high-rise portions by 2-hour construction.

(c) Any required exit from the high-rise portion which passes through the low-rise portions must be separated from the low-rise portion by the 2-hour

construction.

NOTE 2: The height described in Table 1008.1 shall be measured between the average grade outside the building and the finished floor of the top occupied story.

NOTE 3: Public parking decks meeting the requirements ofSection 412.7 and less than 75 feet in height are exempt from the requirements of this section when thereis no other occupancy above or below such deck.

NOTE 4: Special purpose equipment buildings, such as telephone equipment buildings housing the equipment only, with personnel occupant load limited to persons required to maintain the equipment may be exempt from any or all of these requirements at the discretion of the Engineering and Building Codes Division provided such special purpose equipment tuilding is separated from other portions of the tuilding by 2-hour fire rated construction.

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3. In the return air portion of every air conditioningand mechanical ventilation system that servesmore than one floor.

4. The activation of any detector shall activate thealarm system, and shall cause such other operations as required by this code.

5. The annunciator shall be located near the mainentrance or in a central alarm and control facility.

NOTE 1: Limited area sprinklers may be supplied from thedomestic water system provided the domestic water systemis designed to support the design flow of the largest numberof sprinklers in anyone of the enclosed areas. When supplied by the domestic water system, the maximum numberof sprinklers in anyone enclosed room or area shall notexceed 20 sprinklers which must totally protect the room orarea.

(d) Emergency Electrical Power Supply. An emergencyelectrical power supply shall be provided to supply thefollowing for a period of not less than 2 hours. Anemergency electrical power supply may consist of generators, batteries, a minimum of two remote connec-

tions to the public utility grid supplied by multiple generating stations, or a combination of the above.

1. Emergency, exit and elevator cab lighting.

2. Emergency illumination for corridors, stairs, etc.

3. Emergency Alarms and Detection Systems. Powersupply for fire alarm and fire detection. Emergency power does not need to be connected to firealarm or detection systems when they are equippedwith their own emergency power supply from floator trickle charge battery in accordance with NFPAstandards.

(e) Special Exit Requirements. Exits and exitways shallmeet the following requirements:

1. Protection of Stairways Required. All requiredexit stairways shall be enclosed with noncombustible I-hour fire-rated construction with a minimumof I3/4-inch solid core wood door or hollow metaldoor or 20 minute UL listed doors as entrancethereto. (See Section 1007.5).

2. Number and Location of Exits. All required exitstairways shall meet the requirements of Section


1007 to provide for proper number and locationand proper fire rated enclosures and illuminationof and designation for means of egress.

3. Exit Outlets. Each required exit stair shall exitdirectly outside or through a separate I-hourfire-rated corridor with no openings except thenecessary openings to exit into the fire rated corridor and from the fire rated corridor and such openings shall be protected with 13/ 4-inch solid woodcore or hollow metal door or equivalent unless theexit floor level and all floors below are equippedwith an approved automatic sprinkler systemmeeting the requirements of NFPA No. 13.

(f) Smoke Compartments Required for I-InstitutionalBuildings. Each occupied floor shall be divided into atleast two compartments with each compartment containing not more than 30 institutional occupants. Suchcompartments shall be subdivided with 1/2-hour firerated partitions which shall extend from outside wall tooutside wall and from floor to and through any concealed space to the floor slab or roof above and meet thefollowing requirements:

1. Maximum area of any smoke compartment shallbe not more than 22,500 square feet in area withboth length and width limited to 150 feet.

2. At least one smoke partition per floor regardless ofbuilding size forming two smoke zones of approximately equal size.

3. All doors located in smoke partitions shall be properly gasketed to insure a substantial barrier to thepassage of smoke and gases.

4. All doors located in smoke partitions shall be noless than 13/ 4-inch thick solid core wood doors withUL, 1/4-inch wire glass panel in metal frames. Thisglass panel shall be a minimum of 100 squareinches and a maximum of 720 square inches.

5. Every door located in a smoke partition shall beequipped with an automatic closer. Doors that arenormally held in the open position shall beequipped with an electrical device that shall, uponactuation of the fire alarm or smoke detection system in an adjacent zone, close the doors in thatsmoke partition.

6. Glass in all corridor walls shall be 1/4-inch, ULapproved, wire glass in metal frames in pieces notto exceed 1296 square inches.

7. Doors to all patient rooms and treatment areasshall be a minimum of 13/ 4-inch solid core wooddoors except in fully sprinklered buildings.

(g) Protection and Firestopping for Vertical Shafts. Allvertical shafts extending more than one floor includingelevator shafts, plumbing shafts, electrical shafts andother vertical openings shall be protected withnoncombustible I-hour fire-rated construction withshaft wall openings protected with 13/ 4- inch solid corewood door or hollow metal door. Vertical shafts (suchas electrical wiring shafts) which have openings such as



ventilated doors on each floor must be firestopped atthe floor slab level with noncombustible materials having a fire-resistance rating not less than 1 hour to provide an effective barrier to the passage of smoke, heatand gases from floor to floor through such shafts.

Exception: Shaft wall openings protected in accordance with NFPA No. 90A and openings connectedto metal ducts equipped with approved fire damperswithin the shaft wall openings do not need any additional protection.

(h) Signs in Elevator Lobbies and Elevator Cabs. Each elevator lobby call station on each floor shall have an emergency sign located adjacent to the call button and eachelevator cab shall have an emergency sign located adjacent to the floor status indicator. The required emergency sign shall be readable at all times and shall be aminimum of 1/2-inch high block letters with the words:"IN CASE OF FIRE DO NOT USE ELEVATORUSE THE EXIT STAIRS" or other words to this effect.

1008.3 Requirements for existing Class II buildings.

All Class II buildings must meet the following requirements:

(a) Manual Fire Alarm. Provide manual fire alarm systemin accordance with Section I008.2(a). In addition,buildings so equipped with sprinkler alarm system orautomatic fire detection system must have at least onemanual fire alarm station near an exit on each floor as apart of such sprinkler or automatic fire detection andalarm system. Such manual fire alarm systems shallreport a fire by floor.

(b) Voice Communication System Required. An approvedvoice communication system or systems operated fromthe central alarm and control facilities shall be providedand shall consist of the following:

1. One-Way Voice Communication Public AddressSystem Required. A one-way voice communication system shall be established on a selective basiswhich can be heard clearly by all occupants in allexit stairways, elevators, elevator lobbies, corridors' assembly rooms and tenant spaces.

NOTE 1: This system shall function so that inthe event of one circuit or speaker being damaged or out of service, the remainder of the system shall continue to be operable.

NOTE 2: This system shall include provisionsfor silencing the fire alarm devices when theloud speakers are in use, but only after the firealarm devices have operated initially for notless than 15 seconds.

(c) Smoke Detectors Required. Smoke detectors arerequired as per Section I008.2(c). The following areadditional requirements:

1. Storage rooms larger than 24 square feet or havinga maximum dimension of over 8 feet shall be provided with approved fire detectors or smoke detectors installed in an approved manner unless theroom is sprinklered.

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2. The actuation of any detectors shall activate thefire alarm system.

(d) Emergency Electrical Power Supply. An emergencyelectrical power supply shall be provided to supply thefollowing for a period of not less than 2 hours. Anemergency electrical power supply may consist of generators, batteries, a minimum of two remote connections to the public utility grid supplied by multiplegenerating stations, or a combination of the above.Power supply shall furnish power for items listed inSection 1008.2(d) and the following:

1. Pressurization Fans. Fans to provide requiredpressurization, smoke venting or smoke controlfor stairways.

2. Elevators. The designated emergency elevator.

(e) Special Exit Facilities Required. The following exitfacilities are required:

1. The special exit facilities required in Section1008.2(e) are required. All required exit stairwaysshall be enclosed with noncombustible 2-hour firerated construction with a minimum of 11/2 hours.Class B-Iabeled doors as entrance thereto: (SeeSection 1007.5).

2. Smoke-Free Stairways Required. At least onestairway shall be a smoke-free stairway in accordance with Section 1104.2 or at least one stairwayshall be pressurized to between 0.15-inch and0.35 inch water column pressure with all doorsclosed. Smoke-free stairs and pressurized stairsshall be identified with signs containing letters aminimum of 1/2-inch high containing the words"PRIMARY EXIT STAIRS" unless all stairs aresmoke free or pressurized. Approved exteriorstairways meeting the requirements of ChapterXI or approved existing fire escapes meeting therequirements of Chapter X with all openingswithin 10 feet protected with wire glass or otherproperly designed stairs protected to assure similar smoke-free vertical egress may be permitted.All required exit stairways shall also meet therequirements of Section 1008.2(e).

3. If stairway doors are locked from the stairwayside, keys shall be provided to unlock all stairwaydoors on every eighth floor leading into theremainder of the building and the key shall belocated in a glass enclosure adjacent to the door ateach floor level (which may sound an alarm whenthe glass is broken). When the key unlocks thedoor, the hardware shall be of the type that remainsunlocked after the key is removed. Other means,approved by the building official may be approvedto enable occupants and fire fighters to readilyunlock stairway doors on every eighth floor thatmay be locked from the stairwell side. The requirements of this section may be eliminated insmoke-free stairs and pressurized stairs providedfire department access keys are provided in locations acceptable to the local fire authority.

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(f) Compartmentation for I-Institutional BuildingsRequired. See Section 1008.2(f).

(g) Protection and Firestopping for Vertical Shafts. Allvertical shafts extending more than one floor includingelevator shafts, plumbing shafts, electrical shafts andother vertical openings shall be protected withnoncombustible 2-hour fire rated construction withClass B-Iabeled door except for elevator doors whichshall be hollow metal or equivalent. All vertical shaftswhich are not so enclosed must be fire stopped at eachfloor slab with noncombustible materials having a fireresistance rating of not less than 2 hours to provide aneffective barrier to the passage of smoke, heat andgases from floor to floor through such shaft.

Exception: Shaft wall openings protected in accordance with NFPA No. 90A and openings connectedto metal ducts equipped with approved fire damperswithin the shaft wall opening do not need any additional protection.

(h) Emergency Elevator Requirements.

1. Elevator Recall. Each elevator shall be providedwith an approved manual return. When actuated,all cars taking a minimum of one car at a time, ineach group of elevators having common lobby,shall return directly at normal car speed to the mainfloor lobby, or to a smoke-free lobby leading mostdirectly to the outside. Cars that are out of serviceare exempt from this requirement. The manualreturn shall be located at the main floor lobby.

NOTE: Manually operated cars are consideredto be in compliance with this provision if eachcar is equipped with an audible or visual alarmto signal the operator to return to the designatedlevel.

2. Identification of Emergency Elevator. At least oneelevator shall be identified as the emergency elevator and shall serve all floor levels.

NOTE: This elevator will have a manual controlin the cab which will override all other controlsincluding floor call buttons and door controls.

3. Signs in Elevator Lobbies and Elevator Cabs. Eachelevator lobby call station on each floor shall havean emergency sign located adjacent to the call button and each elevator cab shall have an emergencysign located adjacent to the floor status indicator.These required emergency signs shall be readableat all times and shall be a minimum of 1/2-inch-highblock letters with the words: "IN CASE OF FIREDO NOT USE ELEVATOR - USE THE EXITSTAIRS" or other words to this effect.

(i) Central Alarm Facility Required. A central alarm facility accessible at all times to fire department personnelor attended 24 hours a day, shall be provided and shallcontain the following:

1. Facilities to automatically transmit manual andautomatic alarm signals to the fire department


either directly or through a signal monitoring service.

2. Public service telephone.

3. Fire detection and alarm systems annunciator panels to indicate the type of signal and the floor orzone from which the fire alarm is received. Thesesignals shall be both audible and visual with asilence switch for the audible.

NOTE: Detectors in HVAC systems used forfan shut down need not be annunciated.

4. Master keys for access from all stairways to allfloors.

5. One-way voice emergency communications system controls.

1008.4 Requirements for existing Class III buildings.

All Class III Buildings shall be provided with the following:

(a) Manual Fire Alarm System. A manual fire alarm system meeting the requirements of Section I008.3(a).

(b) Voice Communication System Required. An approvedvoice communication system or systems operated fromthe central alarm and control facilities shall be providedand shall consist of the following:

1. One-Way Voice Communication Public AddressSystem Required. A one-way voice communication system shall be established on a selective orgeneral basis which can be heard clearly by alloccupants in all elevators, elevator lobbies, corridors' and rooms or tenant spaces exceeding 1,000square feet in area.

NOTE 1: This system shall be designed so thatin the event of one circuit or speaker being damaged or out of service the remainder of the system shall continue to be operable.

NOTE 2: This system shall include provisionsfor silencing the fire alarm devices when theloud speakers are in use, but only after the firealarm devices have operated initially for notless than 15 seconds.

2. Two-way system for use by both fire fighters andoccupants at every fifth level in stairways and in allelevators.

3. Within the stairs at levels not equipped withtwo-way voice communications, signs indicatingthe location of the nearest two-way device shall beprovided.

NOTE: The one-way and two-way voice communication systems may be combined.

(c) Smoke Detectors Required. Approved listed smokedetectors shall be installed in accordance with SectionI008.3(c) and in addition, such detectors shall terminate at the central alarm and control facility and be sodesigned that it will indicate the fire floor or the zone onthe fire floor.



(d) Emergency Electrical Power Supply. Emergency electrical power supply meeting the requirements of Section I008.3(d) to supply all emergency equipmentrequired by Section I008.3(d) shall be provided and inaddition, provisions shall be made for automatic transfer to emergency power in not more than ten secondsfor emergency illumination, emergency lighting andemergency communication systems. Provisions shallbe provided to transfer power to a second designatedelevator located in a separate shaft from the primaryemergency elevator. Any standpipe or sprinkler systemserving occupied floor areas 400 feet or more abovegrade shall be provided with on-site generated power ordiesel driven pump.

(e) Special Exit Requirements. All exits and exitways shallmeet the requirements of Section I008.3(e).

(f) Compartmentation of Institutional BuildingsRequired. See Section I008.2(f).

(g) Protection and Fire Stopping for Vertical Shafts. Sameas Class II buildings. See Section I008.3(g).

(h) Emergency Elevator Requirements.

1. Primary Emergency Elevator. At least one elevator serving all floors shall be identified as theemergency elevator with identification signs bothoutside and inside the elevator and shall be provided with emergency power to meet the requirements of Section I008.3(c).

NOTE: This elevator will have a manual control in the cab which will override all other controls including floor call buttons and doorcontrols.

2. Elevator Recall. Each elevator shall be providedwith an approved manual return. When actuated,all cars taking a minimum of one car at a time, ineach group of elevators having common lobby,shall return directly at normal car speed to the mainfloor lobby or to a smoke-free lobby leading mostdirectly to the outside. Cars that are out of serviceare exempt from this requirement. The manualreturn shall be located at the main floor lobby.

NOTE: Manually operated cars are consideredto be in compliance with this provision if eachcar is equipped with an audible or visual alarmto signal the operator to return to the designatedlevel.

3. Signs in Elevator Lobbies and Elevator Cabs. Eachelevator lobby call station on each floor shall havean emergency sign located adjacent to the call button and each elevator cab shall have an emergencysign located adjacent to the floor status indicator.These required emergency signs shall be readableat all times and have a minimum of I/2-inch highblock letters with the words: "IN CASE OF FIRE,UNLESS OTHERWISE INSTRUCTED, DONOT USE THE ELEVATOR - USE THE EXITSTAIRS" or other words to this effect.

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4. Machine Room Protection. When elevator equipment located above the hoistway is subject to damage from smoke particulate matter, cable slotsentering the machine room shall be sleevedbeneath the machine room floor to inhibit the passage of smoke into the machine room.

5. Secondary Emergency Elevator. At least one elevator located in separate shaft from the PrimaryEmergency Elevator shall be identified as the"Secondary Emergency Elevator" with identification signs both outside and inside the elevator. Itwill serve all occupied floors above 250 feet andshall have all the same facilities as the primary elevator and will be capable of being transferred tothe emergency power system.

NOTE: Emergency power supply can be sizedfor nonsimultaneous use of the primary andsecondary emergency elevators.

(i) Central Alarm and Control Facilities Required.

1. A central alarm facility accessible at all times tofire department personnel or attended 24 hours aday, shall be provided. The facility shall be locatedon a completely sprinklered floor or shall beenclosed in 2-hour fire resistive construction.Openings are permitted if protected by listed 11/ 2

hour Class B-Iabeled closures or water curtaindevices capable of a minimum discharge of threegpm per lineal foot of opening. The facility shallcontain the following:

(i) Facilities to automatically transmit manualand automatic alarm signals to the firedepartment either directly or through a signal monitoring service.

(ii) Public service telephone.

(iii) Direct communication to the control facility.

(iv) Controls for the voice communication systems.

(v) Fire detection and alarm system annunciator panels to indicate the type of signal andthe floor or zone from which the fire alarmis received, those signals, shall be bothaudible and visual with a silence switch forthe audible.

NOTE: Detectors in HVAC systems used forfan shut down need not be annunciated.

2. A control facility (fire department command station) shall be provided at or near the fire department response point and shall contain thefollowing:

(i) Elevator status indicator.

NOTE: Not required in buildings wherethere is a status indicator at the main elevator lobby.

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(ii) Master keys for access from all stairwaysto all floors.

(iii) Controls for the two-way communicationsystem.

(iv) Fire detection and alarm system annunciator panels to indicate the type of signal andthe floor or zone from which the fire alarmis received.

(v) Direct communication to the central alarmfacility.

3. The central alarm and control facilities may becombined in a single approved location. If combined, the duplication of facilities and the directcommunication system between the two may bedeleted.

U) Areas of Refuge Required. Class III buildings shall beprovided with a designated "area of refuge" at the 250foot level and on at least every eighth floor or fractionthereof above that level to be designed so that occupants above the 250-foot level can enter at all times andbe safely accommodated in floor areas meeting the following requirements unless the building is completelysprinklered:

1. Identification and Size. These areas of refuge shallbe identified on the plans and in the building asnecessary. The area of refuge shall provide not lessthan 3 square feet per occupant for the total number of occupants served by the area based on theoccupancy content calculated by Section 1105. Aminimum of two percent of the number of occupants on each floor shall be assumed to be handicapped and no less than 16 square feet perhandicapped occupant shall be provided.Smokeproof stairways meeting the requirementsof Section 1104.2 and pressurized stairways meeting the requirements of Section 1108.3(e)(2) maybe used for ambulatory occupants at the rate of 3square feet of area of treads and landings per person, but in no case shall the stairs count for morethan one-third of the total occupants. Doors leading to designated areas of refuge from stairways orother areas of the building shall not have lockinghardware or shall be automatically unlocked uponreceipt of any manual or automatic fire alarm signal.

2. Pressurized. The area of refuge shall be pressurized with 100-percent fresh air utilizing the maximum capacity of existing mechanical building airconditioning system without recirculation fromother areas or other acceptable means of providingfresh air into the area.

3. Fire Resistive Separation. Walls, partitions, floorassemblies and roof assemblies separating the areaof refuge from the remainder of the building shallbe noncombustible and have a fire resistance rating of not less than 1 hour. Duct penetrations shallbe protected as required for penetrations of shafts.


Metallic piping and metallic conduit may penetrate or pass through the separation only if theopenings around the piping or conduit are sealedon each side of the penetrations with imperviousnoncombustible materials to prevent the transferof smoke or combustion gases from one side of theseparation to the other. The fire door serving as ahorizontal exit between compartments shall be soinstalled, fitted and gasketed to provide a barrier tothe passage of smoke.

4. Access Corridors. Any corridor leading to eachdesignated area of refuge shall be protected asrequired by Sections 1104 and 702. The capacityof an access corridor leading to an area of refugeshall be based on 150 persons per unit width asdefined in Section 1105.2. An access corridor maynot be less than 44 inches in width. The width shallbe determined by the occupant content of the mostdensely populated floor served. Corridors withI-hour fire-resistive separation may be utilized forarea of refuge at the rate of 3 square feet per ambulatory occupant provided a minimum of 1 cubicfoot per minute of outside air per square foot offloor area is introduced by the air-conditioningsystem.

5. Penetrations. The continuity of the fire resistanceat the juncture of exterior walls and floors must bemaintained.

(k) Smoke Venting. Smoke venting shall be accomplishedby one of the following methods in nonsprinkleredbuildings:

1. In a nonsprinklered building, the heating, ventilating and air conditioning system shall be arrangedto exhaust the floor of alarm origin at its maximumexhausting capacity without recirculating air fromthe floor of alarm origin to any other floor. Thesystem may be arranged to accomplish this eitherautomatically or manually. If the air conditioningsystem is also used to pressurize the areas of refuge' this function shall not be compromised byusing the system for smoke removal.

2. Venting facilities shall be provided at the rate of20square feet per 100 lineal feet or 10 square feet per50 lineal feet of exterior wall in each story and distributed around the perimeter at not more than 50or 100-foot intervals openable from within the firefloor. Such panels and their controls shall beclearly identified.

3. Any combination of the above two methods orother approved designs which will produce equivalent results and which is acceptable to the building official.

(1) Fire Protection of Electrical Conductors. New electrical conductors furnishing power for pressurization fansfor stairways, power for emergency elevators and firepumps required by Section 1008.4(d) shall be protectedby a 2-hour fire-rated horizontal or vertical enclosureor structural element which does not contain any com-



bustible materials. Such protection shall begin at thesource of the electrical power and extend to the floorlevel on which the emergency equipment is located. Itshall also extend to the emergency equipment to theextent that the construction of the building componentson that floor permits. New electrical conductors inmetal raceways located within a 2-hour fire-ratedassembly without any combustible therein are exemptfrom this requirement.

(m) Automatic Sprinkler Systems Required.

1. All areas which are classified as Group M-Mercantile and Group H-Hazardous shall be completely protected with an automatic sprinklersystem.

2. All areas used for commercial or institutional foodpreparation and storage facilities adjacent theretoshall be provided with an automatic sprinkler system.

3. An area used for storage or handling of hazardoussubstances shall be provided with an automaticsprinkler system.

4. All laboratories and vocational shops in GroupE-Educational shall be provided with an automaticsprinkler system.

5. Sprinkler systems shall be in strict accordancewith NFPA No. 13 and the following requirements:

The sprinkler system must be equipped with a waterflow and supervisory signal system that will transmitautomatically a water flow signal directly to the firedepartment or to an independent signal monitoring service satisfactory to the fire department.

U) Subsection (i) of this section does not apply to businessoccupancy buildings as defined in the North CarolinaState Building Code except that evacuation plans asrequired on page 8, lines 2 through 16 [Section 1008,footnote following subsection (h)], and smoke detectors as required for Class I Buildings as required bySection 1008.2, page 11, lines 5 through 21 [Section1008.2, subdivision (c)(I)]; Class II Buildings asrequired by Section 1008.3, page 17, lines 17 through28 and page 18, lines 1 through 10 [Section 1008.3,subsections (c) and (d)]; and Class III Buildings, asrequired by Section 1008.4, lines 21 through 25 [Section 1008.4, subsection (c)] shall not be exempted fromoperation of this act as applied to business occupancybuildings, except that the Council shall adopt rules thatallow a business occupancy building built prior to 1953to have a single exit to remain if the building complieswith the Building Code on or before December 31,2006.

U1) A nonbusiness occupancy building built prior tothe adoption of the 1953 Building Code that is notin compliance with Section 402.1.3.5 of VolumeIX of the Building Code or Section 3407.2.2 ofVolume I of the Building Code must comply withthe applicable sections by December 31,2006.

47


(k) For purposes of use in the Code, the term "Family CareHome" shall mean an adult care home having two to sixresidents.

(1) When any question arises as to any provision of theCode, judicial notice shall be taken of that provision ofthe Code.

§ 143-138.1. Introduction and instruction of the NorthCarolina Building Code.

Prior to the effective date of Code changes pursuant to G.S.143-138, the State Building Code Council and Department ofInsurance shall provide for instructional classes for the varioustrades affected by the Code. The Department of Insurance shalldevelop the curriculum for each class but shall consult theaffected licensing boards and trade organizations. The curriculum shall include explanations of the rationale and need foreach Code amendment or revision. Classes may also be conducted by, on behalf of, or in cooperation with licensingboards, trade associations, and professional societies. TheDepartment of Insurance may charge fees sufficient to recoverthe costs it incurs under this section. The Council shall ensurethat courses are accessible to persons throughout the State.

§ 143-139. Enforcement of Building Code.

(a) Procedural Requirements. Subject to the provisions setforth herein, the Building Code Council shall adoptsuch procedural requirements in the North CarolinaState Building Code as shall appear reasonably necessary for adequate enforcement of the Code while safeguarding the rights of persons subject to the Code.

(b) General Building Regulations. The Insurance Commissioner shall have general supervision, through theDivision of Engineering of the Department of Insurance, of the administration and enforcement of all sections of the North Carolina State Building Codepertaining to plumbing, electrical systems, generalbuilding restrictions and regulations, heating and airconditioning, fire protection, and the construction ofbuildings generally, except those sections of the Code,the enforcement of which is specifically allocated toother agencies by subsections (c) and (d) below. TheInsurance Commissioner, by means of the Division ofEngineering, shall exercise his duties in the enforcement of the North Carolina State Building Code(including local building codes which have supersededthe State Building Code in a particular political subdivision pursuant to G.S. 143-138(e)) in cooperationwith local officials and local inspectors duly appointedby the governing body of any municipality or board ofcounty commissioners pursuant to Part 5 of Article 19of Chapter 160A of the General Statutes or Part 4 ofArticle 18 of Chapter 153A of the General Statutes, orany other applicable statutory authority.

(b1) Remedies. In case any building or structure ismaintained, erected, constructed, or reconstructed or its purpose altered, so that it becomesin violation of this Article or of the NorthCarolina State Building Code, either the localenforcement officer or the State Commissionerof Insurance or other State official with responsi-

48

bility under this section may, in addition to otherremedies, institute any appropriate action or proceeding to: (i) prevent the unlawful maintenance,erection, construction, or reconstruction or alteration of purpose, or overcrowding, (ii) restrain,correct, or abate the violation, or (iii) prevent theoccupancy or use of the building, structure, orland until the violation is corrected. In addition tothe civil remedies set out in G.S. 160A-175 andG.S. 153A-123, a county, city, or other politicalsubdivision authorized to enforce the NorthCarolina State Building Code within its jurisdiction may, for the purposes stated in (i) through(iii) of this subsection, levy a civil penalty forviolation of the fire prevention code of the NorthCarolina State Building Code, which penaltymay be recovered in a civil action in the nature ofdebt if the offender does not pay the penaltywithin a prescribed period of time after theoffender has been cited for the violation. If theCommissioner or other State official institutes anaction or proceeding under this section, a county,city, or other political subdivision may not institute a civil action under this section based uponthe same violation. Appeals from the impositionof any remedy set forth herein, including theimposition of a civil penalty by a county, city, orother political subdivision, shall be as providedin G.S. 160A-434.

(c) Boilers. The Bureau of Boiler Inspection of the Department of Labor shall have general supervision of theadministration and enforcement of those sections of theNorth Carolina State Building Code which pertain toboilers of the types enumerated in Article 7 of Chapter95 of the General Statutes.

(d) Elevators. The Department of Labor shall have generalsupervision of the administration and enforcement ofthose sections of the North Carolina State BuildingCode which pertain to elevators, moving stairways, andamusement devices such as merry-go-rounds, rollercoasters, Ferris wheels, etc.

§ 143-139.1. Certification of manufactured buildings,structures or components by recognized independent testing laboratory; minimum standards for modular homes.

(a) Certification. The State Building Code may provide, incircumstances deemed appropriate by the BuildingCode Council, for testing, evaluation, inspection, andcertification of buildings, structures or componentsmanufactured off the site on which they are to beerected, by a recognized independent testing laboratoryhaving follow-up inspection services approved by theBuilding Code Council. Approval of such buildings,structures or components shall be evidenced by labelsor seals acceptable to the Council. All building units,structures or components bearing such labels or sealsshall be deemed to meet the requirements of the StateBuilding Code and this Article without further inspection or payment of fees, except as may be required forthe enforcement of the Code relative to the connection


of units and components and enforcement of local ordinances governing zoning, utility connections, andfoundations permits. The Building Code Council shalladopt and may amend from time to time such reasonable and appropriate rules and regulations as it deemsnecessary for approval of agencies offering such testing, evaluation, inspection, and certification servicesand for overseeing their operations. Such rules and regulations shall include provisions to insure that suchagencies are independent and free of any potential conflicts of interest which might influence their judgmentin exercising their functions under the Code. Such rulesand regulations may include a schedule of reasonablefees to cover administrative expenses in approving andoverseeing operations of such agencies and mayrequire the posting of a bond or other security satisfactory to the Council guaranteeing faithful performanceof duties under the Code.

The Building Code Council may also adopt rules toinsure that any person that is not licensed, in accordance with G.S. 87-1, and that undertakes to erect aNorth Carolina labeled manufactured modular building, meets the manufacturer's installation instructionsand applicable provisions of the State Building Code.Any such person, before securing a permit to erect amodular building, shall provide the code enforcementofficial proof that he has in force for each modularbuilding to be erected a $5,000 surety bond insuringcompliance with the regulations of the State BuildingCode governing installation of modular buildings.

(b) Minimum Standards for Modular Homes. To qualifyfor a label or seal under subsection (a) of this section, asingle-family modular home must meet or exceed thefollowing construction and design standards:

1. Roof pitch. For homes with a single predominantroofline, the pitch of the roof shall be no less than 5feet rise for every 12 feet of run.

2. Eave projection. The eave projections of the roofshall be no less than 10 inches, which may notinclude a gutter around the perimeter of the home,unless the roof pitch is 8/12 or greater.

3. Exterior wall. The minimum height of the exteriorwall shall be at least 7 feet 6 inches for the firststory.

4. Siding and roofing materials. The materials andtexture for the exterior materials shall be compatible in composition, appearance, and durability tothe exterior materials commonly used in standardresidential construction.

5. Foundations. The home shall be designed torequire foundation supports around the perimeter.The supports may be in the form of piers, pier andcurtain wall, piling foundations, a perimeter wall,or other approved perimeter supports.

§ 143-139.2. Enforcement of insulation requirements; certificate for occupancy; no electric service without compliance.



(a) In addition to other enforcement provisions set forth inthis Chapter, no single family or multi-unit residentialbuilding on which construction is begun in NorthCarolina on or after January 1, 1978, shall be occupieduntil it has been certified as being in compliance withthe minimum insulation standards for residential construction, as prescribed in the North Carolina StateBuilding Code or as approved by the Building CodeCouncil as provided in G.S. 143-138(e).

(b) No public supplier of electric service, including regulated public utilities, municipal electric service andelectric membership corporations, shall connect forelectric service to an occupant any residential buildingon which construction is begun on or after January 1,1978, unless said building complies with the insulationrequirements of the North Carolina State BuildingCode or of local building codes approved by the Building Codes Council as provided in G.S. 143-138(e), andhas been certified for occupancy in compliance withthe minimum insulation standards of the NorthCarolina State Building Code or of any local modification approved as provided in G.S. 143-138(e), by a person designated as an inspector pursuant to subsection(a) of this section.

(c) This section shall apply only in any county or city thatelects to enforce the insulation and energy utilizationstandards of the State Building Code pursuant to G.S.143-151.27.

§ 143-139.3. Inspection of liquified petroleum gas pipingsystems for residential structures.

If the test required under the North Carolina State BuildingCode for a liquified petroleum gas piping system serving aone- or two-family residential dwelling is not performed bya qualified code enforcement official, as defined in G.S.143-151.8(a)(5), the contractor who installed the systemshall verify that the system complies with the test requirements and shall certify the results, in writing, to the codeofficial.

§ 143-140. Hearings before enforcement agencies as toquestions under Building Code.

Any person desiring to raise any question under this Article orunder the North Carolina State Building Code shall be entitledto a technical interpretation from the appropriate enforcementagency, as designated in the preceding section. Upon request inwriting by any such person, the enforcement agency through anappropriate official shall within a reasonable time provide awritten interpretation, setting forth the facts found, the decisionreached, and the reasons therefor. In the event ofdissatisfactionwith such decision, the person affected shall have the optionsof:

1. Appealing to the Building Code Councilor

2. Appealing directly to the Superior Court, as provided inG.S. 143-141.

§ 143-141. Appeals to Building Code Council.

(a) Method of Appeal. Whenever any person desires totake an appeal to the Building Code Council from the

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decision of a State enforcement agency relating to anymatter under this Article or under the North CarolinaState Building Code, he shall within 30 days after suchdecision give written notice to the Building CodeCouncil through the Division of Engineering of theDepartment of Insurance that he desires to take anappeal. A copy of such notice shall be filed at the sametime with the enforcement agency from which theappeal is taken. The chairman of the Building CodeCouncil shall fix a reasonable time and place for a hearing, giving reasonable notice to the appellant and to theenforcement agency. Such hearing shall be not laterthan the next regular meeting of the Council. TheBuilding Code Council shall thereupon conduct a fulland complete hearing as to the matters in controversy,after which it shall within a reasonable time give a written decision setting forth its findings of fact and its conclusions.

(b) Interpretations of the Code. The Building Code Council shall have the duty, in hearing appeals, to give interpretations of such provisions of the Building Code asshall be pertinent to the matter at issue. Where theCouncil finds that an enforcement agency was in errorin its interpretation of the Code, it shall remand the caseto the agency with instructions to take such action as itdirects. Interpretations by the Council and localenforcement officials shall be based on a reasonableconstruction of the Code provisions.

(c) Variations of the Code. Where the Building CodeCouncil finds on appeal that materials or methods ofconstruction proposed to be used are as good as thoserequired by the Code, it shall remand the case to theenforcement agency with instructions to permit the useof such materials or methods of construction. TheCouncil shall thereupon immediately initiate procedures for amending the Code as necessary to permit theuse of such materials or methods of construction.

(d) Further Appeals to the Courts. Whenever any persondesires to take an appeal from a decision of the Building Code Councilor from the decision of an enforcement agency (with or without an appeal to the BuildingCode Council), he may take an appeal either to theWake County Superior Court or to the superior court ofthe county in which the proposed building is to be situated, in accordance with the provisions of Chapter150B of the General Statutes.

§ 143-142. Further duties of the Building Code Council.

(a) Recommended Statutory Changes. It shall be the dutyof the Building Code Council to make a thorough studyof the building laws of the State, including both the statutes enacted by the General Assembly and the rules andregulations adopted by State and local agencies. On thebasis of such study, the Council shall recommend to the1959 and subsequent General Assemblies desirablestatutory changes to simplify and improve such laws.

(b) Recommend Changes in Enforcement Procedures. Itshall be the duty of the Building Code Council to makea thorough and continuing study of the manner in

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which the building laws of the State are enforced byState, local, and private agencies. On the basis of suchstudies, the Council may recommend to the GeneralAssembly any statutory changes necessary to improveand simplify the enforcement machinery. The Councilmay also advise State agencies as to any changes inadministrative practices which could be made toimprove the enforcement of building laws without statutory changes.

§ 143-143. Effect on certain existing laws.

Nothing in this Article shall be construed as abrogating or otherwise affecting the power of any State department or agency topromulgate regulations, make inspections, or approve plans inaccordance with any other applicable provisions of law not inconflict with the provisions herein.

§ 143-143.2. Electric wiring of houses, buildings and structures.

The electric wiring of houses or buildings for lighting or forother purposes shall conform to the requirements of the StateBuilding Code, which includes the National Electric Code andany amendments and supplements thereto as adopted andapproved by the State Building Code Council, and any otherapplicable State and local laws. In order to protect the propertyof citizens from the dangers incident to defective electric wiring of buildings, it shall be unlawful for any firm or corporationto allow any electric current for use in any newly erected building to be turned on without first having had an inspection madeof the wiring by the appropriate official electrical inspector orinspection department and having received from that inspectoror department a certificate approving the wiring of such building. It shall be unlawful for any person, firm, or corporationengaged in the business of selling electricity to furnish initiallyany electric current for use in any building, unless said buildingshall have first been inspected by the appropriate official electrical inspector or inspection department and a certificate givenas above provided. In the event that there is no legallyappointed inspector or inspection department with jurisdictionover the property involved, the two preceding sentences shallhave no force or effect. As used in this section, "building"includes any structure.

§ 143-143.3. Temporary toilet facilities at constructionsites.

(a) Suitable toilet facilities shall be provided and maintained in a sanitary condition during construction. Anadequate number of facilities must be provided for thenumber of employees at the construction site. Thereshall be at least one facility for every two contiguousconstruction sites. Such facilities may be portable,enclosed, chemically treated, tank-tight units. Portabletoilets shall be enclosed, screened, and weatherproofedwith internal latches. Temporary toilet facilities neednot be provided on-site for crews on a job site for nomore than one working day and having transportationreadily available to nearby toilet facilities.

(b) It shall be the duty of the Building Code Council toestablish standards to carry out the provisions of subsection (a) of this section not inconsistent with therequirements for toilet facilities at construction sites


established pursuant to federal occupational safety andhealth rules.

§ 143-143.4. Door lock exemption for certain businesses.

(a) Notwithstanding this Article or any other law to thecontrary, any business entity licensed to sell automaticweapons as a federal firearms dealer that is in the business of selling firearms or ammunition and that operates a firing range which rents firearms and sellsammunition shall be exempt from the door lockrequirements of Chapter 10 of Volume 1 of the NorthCarolina State Building Code when issued a permit tothat effect by the Department of Insurance in accordance with this section.

(b) The Department of Insurance shall issue a permit to abusiness entity specified in subsection (a) of this section for an exemption from the door lock requirementsof Chapter 10 of Volume 1 of the North Carolina StateBuilding Code if all of the following conditions aremet:

1. The building or facility in which business is conducted has a sales floor and customer occupancyspace that is contained on one floor and is no largerthan 15,000 square feet of retail sales space. Retailsales space is that area where firearms or ammunition are displayed and merchandised for sale to thepublic.

2. The building or facility in which business is conducted is equipped with an approved smoke, fire,and break-in alarm system installed and operatedin accordance with rules adopted by the Department of Insurance. An approved smoke, fire, orbreak-in alarm system does not have to include anautomatic door unlocking mechanism triggeredwhen the smoke, fire, or break-in alarm system istriggered.

3. The owner or operator of the business will provideto all applicable employees within 10 days of theissuance of the permit under this section or at thetime the employee is hired, whichever time is later,a written facility locking plan applicable for theclose of business each day.

4. Each entrance to the building or facility in whichbusiness is conducted is posted with a sign conspicuously located that warns that the building isexempt from the door lock requirements of theState Building Code, and that after business hoursthe building or facility's doors will remain lockedfrom the inside even in the case of fire.

5. Payment of a permit fee of five hundred dollars($500.00) to the Department of Insurance.

(c) The Department of Insurance shall file a copy of thepermit issued in accordance with subsection (b) of thissection with all local law enforcement and fire protection agencies that provide protection for the businessentity.

(d) The Department of Insurance shall be responsible forany inspections necessary for the issuance of permits



under this section and, in conjunction with localinspection departments, shall be responsible for periodic inspections to ensure compliance with the requirements of this section. The Department of Insurancemay contract with local inspection departments to conduct inspections under this subsection.

(e) The Department of Insurance shall revoke a permitissued under this section upon a finding that therequirements for the original issuance of the permit arenot being complied with.

(f) Appeals of decisions of the Department of Insuranceregarding the issuance or revocation of permits underthis section shall be in accordance with Chapter 150Bof the General Statutes.

(g) For the purposes of this section, "business entity" hasthe same meaning as in G.S. 59-102.

(h) In addition to the provisions of G.S. 143-138(h), theowner or operator of any business entity who is issued apermit as a door lock exempt business in accordancewith subsection (b) of this section who fails to complywith the permit requirements of subsection (b) of thissection shall be subject to a civil penalty of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000) for the second offense, and fivethousand dollars ($5,000) for the third and subsequentoffenses, except when the building or facility in whichbusiness is conducted is in compliance with the doorlock requirements of Chapter 10 of Volume 1 of theNorth Carolina State Building Code. Penalties authorized in this subsection shall be imposed by the city orcounty in which the violation occurs. Each day thebuilding or facility in which business is conducted isnot in compliance with the provisions of this subsectionconstitutes a separate offense.

(i) The Department of Insurance shall adopt rules toimplement this section.

§ 143-143.5. Access to toilets in shopping malls.

Notwithstanding any other law or rule, a horizontal travel distance of 300 feet for access to public use toilets in covered mallbuildings shall be allowed.

Code Officials Qualification Board


(a) As used in this Article, unless the context otherwiserequires:

1. "Board" means the North Carolina Code Officials Qualification Board.

2. "Code" means the North Carolina State BuildingCode and related local building rules approvedby the Building Code Council enacted, adoptedor approved under G.S. 143-138, any resolutionadopted by a federally recognized Indian Tribeunder G.S. 153A-350.1 in which the Tribeadopts the North Carolina State Building Codeand related local building rules, and the stan-

51


dards adopted by the Commissioner of Insurance under G.S. 143-143.15(a).

3. "Code enforcement" means the examination andapproval of plans and specifications, or the inspection of the manner of construction, workmanship, and materials for construction ofbuildings and structures and componentsthereof, or the enforcement of fire code regulations as an employee of the State or local government or as an employee of a federally recognizedIndian Tribe employed to perform inspectionson tribal lands under G.S. 153A-350.1, as an individual contracting with the State or a localgovernment or a federally recognized IndianTribe who performs inspections on tribal landsunder G.S. 153A-350.1 to conduct inspections,or as an individual who is employed by a company contracting with a county or a city to conduct inspections, except an employee of theState Department of Labor engaged in the administration and enforcement of those sectionsof the Code which pertain to boilers and elevators, to assure compliance with the State Building Code and related local building rules.

4. "Local inspection department" means theagency or agencies of local government, or anygovernment agency of a federally recognized Indian Tribe under G.S. 153A-350.1, with authority to make inspections of buildings and toenforce the Code and other laws, ordinances,and rules enacted by the State and the local government or a federally recognized Indian Tribeunder G.S. 153A-350.1, which establish standards and requirements applicable to the construction, alteration, repair, or demolition ofbuildings, and conditions that may create hazards of fire, explosion, or related hazards.

5. "Qualified Code-enforcement official" means aperson qualified under this Article to engage inthe practice of Code enforcement.

(b) For purposes of this Article, the population of a city orcounty shall be determined according to the most current federal census, unless otherwise specified.

§ 143-151.9. North Carolina Code Officials QualificationBoard established; members; terms; vacancies.

(a) There is hereby established the North Carolina CodeOfficials Qualification Board in the Department ofInsurance. The Board shall be composed of 20 members appointed as follows:

1. One member who is a city or county manager;

2. Two members, one of whom is an elected officialrepresenting a city over 5,000 population andone of whom is an elected official representing acity under 5,000 population;

3. Two members, one of whom is an elected officialrepresenting a county over 40,000 population

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and one of whom is an elected official representing a county under 40,000 population;

4. Two members serving as building officials withthe responsibility for administering building,plumbing, electrical and heating codes, one ofwhom serves a county and one of whom serves acity;

5. One member who is a registered architect;

6. One member who is a registered engineer;

7. Two members who are licensed general contractors, at least one of whom specializes in residential construction;

8. One member who is a licensed electrical contractor;

9. One member who is a licensed plumbing or heating contractor;

10. One member selected from the faculty of theNorth Carolina State University School of Engineering and one member selected from the faculty of the School of Engineering of the NorthCarolina Agricultural and Technical State University;

11. One member selected from the faculty of the Institute of Government;

12. One member selected from the Community Colleges System Office;

13. One member selected from the Division of Engineering and Building Codes in the Departmentof Insurance; and

14. One member who is a local government fire prevention inspector and one member who is a citizen of the State.

The various categories shall be appointed as follows:(1), (2), (3), and (14) by the Governor; (4), (5), and (6)by the General Assembly upon the recommendation ofthe President Pro Tempore in accordance with G.S.120-121; (7), (8), and (9) by the General Assemblyupon the recommendation of the Speaker of the Houseof Representatives in accordance with G.S. 120-121;(10) by the deans of the respective schools of engineering of the named universities; (11) by the Director ofthe Institute of Government; (12) by the President ofthe Community College System; and (13) by the Commissioner of Insurance.

(b) The members shall be appointed for staggered termsand the initial appointments shall be made prior to September 1, 1977, and the appointees shall hold officeuntil July 1 of the year in which their respective termsexpire and until their successors are appointed andqualified as provided hereafter:

For the terms ofone year: the members from subdivisions (1), (6) and (10) of subsection (a), and one member from subdivision (3).

For the terms of two years: the member fromsubdivision (11) of subsection (a), one member from


subdivision (2), one member from subdivision (4), onemember from subdivision (7), and one member fromsubdivision (14).

For the terms of three years: the members from subdivisions (8) and (12) of subsection (a), one memberfrom subdivision (2), one member from subdivision(4), and one member from subdivision (14).

For the terms of four years: the members from subdivision (5), (9) and (13) of subsection (a), one memberfrom subdivision (3), and one member from subdivision (7).

Thereafter, as the term of each member expires, hissuccessor shall be appointed for a term of four years.Notwithstanding the appointments for a term of years,each member shall serve at the will of the Governor.

Members of the Board who are public officers shallserve ex officio and shall perform their duties on theBoard in addition to the duties of their office.

(c) Vacancies in the Board occurring for any reason shallbe filled for the unexpired term by the person makingthe appointment.

§ 143-151.10. Compensation.

Members of the Board who are State officers or employeesshall receive no salary for serving on the Board, but shall bereimbursed for their expenses in accordance with G.S. 138-6.Members of the Board who are full-time salaried public officers or employees other than State officers or employees shallreceive no salary for serving on the Board, but shall be reimbursed for subsistence and travel expenses in accordance withG.S. 138-5(a)(2) and (3). All other members of the Board shallreceive compensation and reimbursement for expenses inaccordance with G.S. 138-5(a).

§ 143-151.11. Chairman; vice-chairman; other officers;meetings; reports.

(a) The members of the Board shall select one of theirmembers as chairman upon its creation, and shall selectthe chairman each July 1 thereafter.

(b) The Board shall select a vice-chairman and such otherofficers and committee chairmen from among its members, as it deems desirable, at the first regular meetingof the Board after its creation and at the first regularmeeting after July 1 of each year thereafter. Provided,nothing in this subsection shall prevent the creation orabolition of committees or offices of the Board, otherthan the office of vice-chairman, as the need may ariseat any time during the year.

(c) The Board shall hold at least four regular meetings peryear upon the call of the chairman. Special meetingsshall be held upon the call of the chairman or thevice-chairman, or upon the written request of fourmembers of the Board.

(d) The activities and recommendations of the Board withrespect to standards for Code officials training and certification shall be set forth in regular and special reportsmade by the Board. Additionally, the Board shall present special reports and recommendations to the Governor or the General Assembly, or both, as the need may



arise or as the Governor or the General Assembly mayrequest.

§ 143-151.12. Powers.

In addition to powers conferred upon the Board elsewhere inthis Article, the Board shall have the power to:

1. Adopt rules necessary to administer this Article;

1a. Require State agencies, local inspection departments, and local governing bodies to submitreports and information about the employment,education, and training of Code-enforcementofficials;

2. Establish minimum standards for employment as aCode-enforcement official: (i) in probationary or temporary status, and (ii) in permanent positions;

3. Certify persons as being qualified under the provisionsof this Article to be Code-enforcement officials, including persons employed by a federally recognized IndianTribe to perform inspections on tribal lands under G.S.153A-350.1;

4. Consult and cooperate with counties, municipalities,agencies of this State, other governmental agencies, andwith universities, colleges, junior colleges, communitycolleges and other institutions concerning the development of Code-enforcement training schools and programs or courses of instruction;

5. Establish minimum standards and levels of education orequivalent experience for all Code-enforcement instructors, teachers or professors;

6. Conduct and encourage research by public and privateagencies which shall be designed to improve educationand training in the administration of Code enforcement;

7. Adopt and amend bylaws, consistent with law, for itsinternal management and control; appoint such advisorycommittees as it may deem necessary; and enter intocontracts and do such other things as may be necessaryand incidental to the exercise of its authority pursuant tothis Article; and,

8. Make recommendations concerning any matters withinits purview pursuant to this Article.

§ 143-151.13. Required standards and certificates forCode-enforcement officials.

(a) No person may engage in Code enforcement pursuantto this Article unless he possesses one of the followingtypes of certificates, currently valid, issued by theBoard attesting to his qualifications to hold such position: (i) a standard certificate; (ii) a limited certificateprovided for in subsection (c); or (iii) a probationarycertificate provided for in subsection (d). To obtain astandard certificate, a person must pass an examination, as prescribed by the Board, which is based on theNorth Carolina State Building Code and administrativeprocedures required to enforce the Code. The Boardshall issue a standard certificate of qualification to eachperson who successfully completes the examinationauthorizing the person named therein to practice as a

53


qualified Code-enforcement official in NorthCarolina. The certificate of qualification shall bear thesignatures of the chairman and secretary of the Board.

(b) The Board shall issue one or more standard certificatesto each Code-enforcement official demonstrating thequalifications set forth in subsection (b1) of this section. Standard certificates are available for each of thefollowing types of qualified Code-enforcement officials:

1. Building inspector.

2. Electrical inspector.

3. Mechanical inspector.

4. Plumbing inspector.

5. Fire inspector.

(b1) The holder of a standard certificate may practice Codeenforcement only within the inspection area and leveldescribed upon the certificate issued by the Board. ACode-enforcement official may qualify and hold one ormore certificates. These certificates may be for different levels in different types of positions as defined inthis section and in rules adopted by the Board.

(b2) A Code-enforcement official holding a certificate indicating a specified level of proficiency in a particulartype of position may hold a position calling for thattype of qualification anywhere in the State. Withrespect to all types of Code-enforcement officials,those with Level I, Level II, or Level III certificatesshall be qualified to inspect and approve only thosetypes and sizes of buildings as specified in rulesadopted by the Board.

(c) A Code-enforcement official holding office as of thedate specified in this subsection for the county ormunicipality by which he is employed, shall not berequired to possess a standard certificate as a conditionof tenure or continued employment but shall berequired to complete such in-service training as may beprescribed by the Board. At the earliest practicabledate, such official shall receive from the Board a limited certificate qualifying him to engage in Codeenforcement at the level, in the particular type of position, and within the governmental jurisdiction in whichhe is employed. The limited certificate shall be validonly as an authorization for the official to continue inthe position he held on the applicable date and shallbecome invalid if he does not complete in-service training within two years following the applicable date inthe schedule below, according to the governmentaljurisdiction's population as published in the 1970 U.S.Census:

Counties and Municipalities over 75,000 population- July 1, 1979

Counties and Municipalities between 50,001 and 75,000- July 1, 1981

Counties and Municipalities between 25,001 and 50,000- July 1, 1983

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Counties and Municipalities 25,000 and under- July 1, 1985

All fire prevention inspectors holding office- July 1, 1989.

Fire prevention inspectors have until July 1, 1993, tocomplete in-service training.

An official holding a limited certificate can be promoted to a position requiring a higher level certificateonly upon issuance by the Board of a standard certificate or probationary certificate appropriate for suchnew position.

(d) The Board may provide for the issuance of probationary or temporary certificates valid for such period (notless than one year nor more than three years) as specified by the Board's rules, or until June 30, 1983, whichever is later, to any Code-enforcement official newlyemployed or newly promoted who lacks the qualifications prescribed by the Board as prerequisite to applying for a standard certificate under subsection (a). Noofficial may have his probationary or temporary certificate extended beyond the specified period by renewalor otherwise. The Board may provide for appropriatelevels of probationary or temporary certificates andmay issue these certificates with such special conditions or requirements relating to the place of employment of the person holding the certificate, hissupervision on a consulting or advisory basis, or othermatters as the Board may deem necessary to protect thepublic safety and health.

(e) The Board shall, without requiring an examination,issue a standard certificate to any person who is currently certified as a county electrical inspector pursuantto G.S. 153A-351. The certificate issued by the Boardshall authorize the person to serve at the electricalinspector level approved by the Commissioner ofInsurance in G.S. 153A-351.

(f) The Board shall issue a standard certificate to any person who is currently licensed to practice as a(n):

1. Architect, registered pursuant to Chapter 83A;

2. General contractor, licensed pursuant to Article 1of Chapter 87;

3. Plumbing or heating contractor, licensed pursuant to Article 2 of Chapter 87;

4. Electrical contractor, licensed pursuant to Article4 of Chapter 87; or,

5. Professional engineer, registered pursuant toChapter 89C;

provided the person successfully completes a shortcourse, as prescribed by the Board, relating to the StateBuilding Code regulations and Code-enforcementadministration. The standard certificate shall authorizethe person to practice as a qualified Code-enforcementofficial at the performance level determined by theBoard, based on the type of license or registration heldin any profession specified above.


§ 143-151.13A. Professional development program for officials.

(a) As used in this section, "official" means a qualifiedCode-enforcement official as that term is defined inG.S. 143-151.8.

(b) The Board may establish professional developmentrequirements for officials as a condition of the renewalor reactivation of their certificates. The purposes ofthese professional development requirements are toassist officials in maintaining professional competencein their enforcement of the Code and to assure thehealth, safety, and welfare of the citizens of NorthCarolina. An official subject to this section shall present evidence to the Board at each certificate renewalafter initial certification, that during the 12 monthsbefore the certificate expiration date, the official hascompleted the required number of credit hours incourses approved by the Board. Annual continuingeducation hour requirements shall be determined by theBoard but shall not be more than six credit hours.

(c) The Board may require an individual who earns a certificate under programs established in G.S. 143-151.13to complete professional development courses, not toexceed six hours in each technical area of certification,within one year after that individual is first employedby a city or county inspection department.

(d) As a condition of reactivating a standard or limited certificate, the Board may require the completion of professional development courses within one year afterreemployment as an official as follows:

1. An individual who has been on inactive status formore than 2 years and who has not been continuously employed by a city or county inspectiondepartment during the period of inactive statusshall complete professional developmentcourses not to exceed 12 hours for each technicalarea in which the individual is certified.

2. An individual who has been on inactive status formore than 2 years and who has been continuously employed by a city or county inspectiondepartment during the period of inactive statusshall complete professional developmentcourses not to exceed 6 hours for each technicalarea in which the individual is certified.

3. An individual who has been on inactive status for2 years or less shall complete professional development courses not to exceed 4 hours for eachtechnical area in which the individual is certified.

(e) The Board may, for good cause shown, grant extensions of time to officials to comply with these requirements. An official who, after obtaining an extensionunder this subsection, offers evidence satisfactory tothe Board that the official has satisfactorily completedthe required professional development courses, is incompliance with this section.



(f) The Board may adopt rules to implement this section,including rules that govern:

1. The content and subject matter of professionaldevelopment courses.

2. The criteria, standards, and procedures for theapproval ofcourses, course sponsors, and courseinstructors.

3. The methods of instruction.

4. The computation of course credit.

5. The ability to carry-forward course credit fromone year to another.

6. The waiver of or variance from the professionaldevelopment required for hardship or other reasons.

7. The procedures for compliance and sanctionsfor noncompliance. (2005-102, s. 1.)

§ 143-151.14. Comity.

The Board may, without requiring an examination, grant astandard certificate as a qualified Code-enforcement official toany person who, at the time of application, is certified as a qualified Code-enforcement official by a similar board of anotherstate, district or territory where standards are acceptable to theBoard and not lower than those required by this Article. A feeof not more than twenty dollars ($20.00), as determined by theBoard, must be paid by the applicant to the Board for the issuance of a certificate under the provisions of this section. Theprovisions of G.S. 143-151.16(b) relating to renewal fees andlate renewals shall apply to every person granted a standardcertificate in accordance with this section.

§ 143-151.15. Return of certificate to Board; reissuance byBoard.

A certificate issued by the Board under this Article is valid aslong as the person certified is employed by the State of NorthCarolina or any political subdivision thereof as aCode-enforcement official, or is employed by a federally recognized Indian Tribe to perform inspections on tribal landsunder G.S. 153A-350.1 as a Code-enforcement official. Whenthe person certified leaves that employment for any reason, heshall return the certificate to the Board. If the person subsequently obtains employment as a Code-enforcement official inany governmental jurisdiction described above, the Board mayreissue the certificate to him. The provisions of G.S.143-151.16(b) relating to renewal fees and late renewals shallapply, if appropriate. The provisions of G.S. 143-151.16(c)shall not apply. This section does not affect the Board's powersunder G.S. 143-151.17.

§ 143-151.16. Certification fees; renewal of certificates;examination fees.

(a) The Board shall establish a schedule of fees to be paidby each applicant for certification as a qualifiedCode-enforcement official. Such fee shall not exceedtwenty dollars ($20.00) for each applicant.

(b) A certificate, other than a probationary certificate, as aqualified Code-enforcement official issued pursuant tothe provisions of this Article must be renewed annually

55


on or before the first day of July. Each application forrenewal must be accompanied by a renewal fee to bedetermined by the Board, but not to exceed ten dollars($10.00). The Board is authorized to charge an extratwo dollar ($2.00) late renewal fee for renewals madeafter the first day of July each year.

(c) Any person who fails to renew his certificate for aperiod of two consecutive years may be required by theBoard to take and pass the same examination asunlicensed applicants before allowing such person torenew his certificate.

(d) The Board may establish and collect a fee to be paid byeach applicant for examination in an amount not toexceed one hundred twenty-five dollars ($125.00). Inaddition, the Board may establish and collect a fee to bepaid by each applicant applying for a review of theapplicant's examination. The amount of the examination review fee shall not exceed fifty dollars ($50.00).Examination and examination review fees may be paiddirectly to approved testing services that maintainregional facilities for the purpose of administering theBoard's examinations.

§ 143-151.17. Grounds for disciplinary actions; investigation; administrative procedures.

(a) The Board shall have the power to suspend any or allcertificates, revoke any or all certificates, demote anyor all certificates to a lower level, or refuse to grant anycertificate issued under the provisions of this Article toany person who:

1. Has been convicted of a felony against this Stateor the United States, or convicted of a felony inanother state that would also be a felony if it hadbeen committed in this State;

2. Has obtained certification through fraud, deceit,or perjury;

3. Has knowingly aided or abetted any person practicing contrary to the provisions of this Article orthe State Building Code or any building codesadopted by a federally recognized Indian Tribeunder G.S. 153A-350.1;

4. Has defrauded the public or attempted to do so;

5. Has affixed his signature to a report of inspectionor other instrument of service if no inspectionhas been made by him or under his immediateand responsible direction; or,

6. Has been guilty of willful misconduct, grossnegligence or gross incompetence.

(b) The Board may investigate the actions of any qualifiedCode-enforcement official or applicant upon the verified complaint in writing of any person alleging a violation of subsection (a) of this section. The Board maysuspend, revoke or demote the certification of anyqualified Code-enforcement official and refuse to granta certificate to any applicant, whom it finds to havebeen guilty of one or more of the actions set out in subsection (a) as grounds for disciplinary action.

56

(c) A denial, suspension, revocation or demotion of a certificate issued under this Article shall be made in accordance with Chapter 150B of the General Statutes.

(d) The Board may deny an application for a certificate forany of the grounds that are described in subsection (a)of this section. Within 30 days after receipt of a notification that an application for a certificate has beendenied, the applicant may make a written request for areview by a committee designated by the chairman ofthe Board to determine the reasonableness of theBoard's action. The review shall be completed withoutundue delay, and the applicant shall be notifiedpromptly in writing as to the outcome of the review.Within 30 days after service of the notification as to theoutcome, the applicant may make a written request fora hearing under Article 3A of Chapter 150B of the General Statutes if the applicant disagrees with the outcome.

(e) The provisions of this section shall apply toCode-enforcement officials and applicants who areemployed or seek to be employed by a federally recognized Indian Tribe to perform inspections on triballands under G.S. 153A-350.1.

§ 143-151.18. Violations; penalty; injunction.

On and after July 1,1979, it shall be unlawful for any person torepresent himself as a qualified Code-enforcement official whodoes not hold a currently valid certificate of qualificationissued by the Board. Further, it shall be unlawful for any personto practice Code enforcement except as allowed by any currently valid certificate issued to that person by the Board. Anyperson violating any of the provisions of this Article shall beguilty of a Class 1 misdemeanor. The Board is authorized toapply to any judge of the superior court for an injunction inorder to prevent any violation or threatened violation of theprovisions of this Article.

§ 143-151.19. Administration.

(a) The Division of Engineering and Building Codes in theDepartment of Insurance shall provide clerical andother staff services required by the Board, and shalladminister and enforce all provisions of this Article andall rules promulgated pursuant to this Article, subject tothe direction of the Board, except as delegated by thisArticle to local units of government, other State agencies, corporations, or individuals.

(b) The Board shall make copies of this Article and therules adopted under this Article available to the publicat a price determined by the Board.

(c) The Board shall keep current a record of the names andaddresses of all qualified Code-enforcement officialsand additional personal data as the Board deems neces sary. The Board annually shall publish a list of all currently certified Code-enforcement officials.

(d) Each certificate issued by the Board shall contain suchidentifying information as the Board requires.

(e) The Board shall issue a duplicate certificate to practiceas a qualified Code-enforcement official in place ofonewhich has been lost, destroyed, or mutilated upon


proper application and payment of a fee to be determined by the Board.

§ 143-151.20. Donations and appropriations.

(a) In addition to appropriations made by the GeneralAssembly, the Board may accept for any of its purposesand functions under this Article any and all donations,both real and personal, and grants of money from anygovernmental unit or public agency, or from any institution, person, firm or corporation, and may receive,utilize, disburse and transfer the same, subject to theapproval of the Council of State. Any arrangementspursuant to this section shall be detailed in the next regular report of the Board. Such report shall include theidentity of the donor, the nature of the transaction, andthe conditions, if any. Any moneys received by theBoard pursuant to this section shall be deposited in theState treasury to the account of the Board.

(b) The Board may provide grants as a reimbursement foractual expenses incurred by the State or political subdivision thereof for the provisions of training programsof officials from other jurisdictions within the State.The Board, by rules, shall provide for the administration of the grant program authorized herein. In promulgating such rules, the Board shall promote the mostefficient and economical program of Code-enforcement training, including the maximum utilization ofexisting facilities and programs for the purpose ofavoiding duplication.

§ 143-151.21. Disposition of fees.

Fees collected by the Commissioner under this Article shall becredited to the Insurance Regulatory Fund created under G.S.58-6-25.

Master Electrical and Natural Gas Meters Prohibited

§ 143-151.42. Prohibition of master meters for electric andnatural gas service.

From and after September 1, 1977, in order that each occupantof an apartment or other individual dwelling unit may beresponsible for his own conservation of electricity and gas, itshall be unlawful for any new residential building, as hereinafter defined, to be served by a master meter for electric service or natural gas service. Each individual dwelling unit shallhave individual electric service with a separate electric meterand, if it has natural gas, individual natural gas service with aseparate natural gas meter, which service and meters shall bein the name of the tenant or other occupant of said apartmentor other dwelling unit. No electric supplier or natural gas supplier, whether regulated public utility or municipal corporation or electric membership corporation supplying said utilityservice, shall connect any residential building for electric service or natural gas service through a master meter, and saidelectric or natural gas supplier shall serve each said apartmentor dwelling unit by separate service and separate meter andshall bill and charge each individual occupant of said separateapartment or dwelling unit for said electric or natural gas service. A new residential building is hereby defined for the pur-



poses of this section as any building for which a building permit is issued on or after September 1, 1977, which includestwo or more apartments or other family dwelling units. Provided, however, that any owner or builder of a multi-unit residential building who desires to provide central heat or airconditioning or central hot water from a central furnace, airconditioner or hot water heater which incorporates solarassistance or other designs which accomplish greater energyconservation than separate heat, hot water, or air conditioningfor each dwelling unit, may apply to the North Carolina Utilities Commission for approval of said central heat, air conditioning or hot water system, which may include a centralmeter for electricity or gas used in said central system, and theUtilities Commission shall promptly consider said application and approve it for such central meters if energy is conserved by said design. This section shall apply to any dwellingunit normally rented or leased for a minimum period of onemonth or longer, including apartments, condominiums andtownhouses, but shall not apply to hotels, motels, hotels ormotels that have been converted into condominiums, dormitories, rooming houses or nursing homes, or homes for theelderly.

North Carolina Home Inspector Board

§ 143-151.43. Short title.

This Article is the Home Inspector Licensure Act and may becited by that name.

§ 143-151.44. Purpose.

This Article safeguards the public health, safety, and welfareand protects the public from being harmed by unqualified persons by regulating the use of the title "Licensed Home Inspector" and by providing for the licensure and regulation of thosewho perform home inspections for compensation.


The following definitions apply in this Article:

1. Associate home inspector. An individual who is affiliated with or employed by a licensed home inspector toconduct a home inspection of a residential building onbehalf of the licensed home inspector.

2. Board. The North Carolina Home Inspector LicensureBoard.

3. Compensation. A fee or anything else of value.

4. Home inspection. A written evaluation of two or moreof the following components of a residential building:heating system, cooling system, plumbing system,electrical system, structural components, foundation,roof, masonry structure, exterior and interior components, or any other related residential housing component.

5. Home inspector. An individual who engages in thebusiness of performing home inspections for compensation.

57


6. Residential building. A structure intended to be, or thatis in fact, used as a residence by one or more individuals.

§ 143-151.46. North Carolina Home Inspector LicensureBoard established; members; terms; vacancies.

(a) Membership. The North Carolina Home InspectorLicensure Board is established in the Department ofInsurance. The Board shall be composed of the Commissioner of Insurance or the Commissioner'sdesignee and seven additional members appointed asfollows:

1. A public member who is not in one of the professional categories in subdivisions (2) through (4)of this subsection, appointed by the GeneralAssembly upon the recommendation of theSpeaker of the House of Representatives.

2. Four home inspectors, two of whom shall beappointed by the General Assembly upon the recommendation of the President Pro Tempore of theSenate, one of whom shall be appointed by theGeneral Assembly upon the recommendation ofthe Speaker of the House of Representatives, andone ofwhom shall be appointed by the Governor.

3. A licensed general contractor appointed by theGovernor upon the recommendation of the NorthCarolina Home Builders Association.

4. A licensed real estate broker appointed by theGovernor upon the recommendation of the NorthCarolina Association of Realtors.

All members of the Board must be citizens of theState. Appointments by the General Assembly must bemade in accordance with G.S. 120-121.

(b) Terms. The members shall be appointed for staggeredterms and the initial appointments shall be made priorto August 1, 1995. The appointees shall hold officeuntil July 1 of the year in which their respective termsexpire and until their successors are appointed andqualified.

Of the members initially appointed, the homeinspector appointed by the Governor shall serve aone-year term. The home inspector appointed by theGeneral Assembly upon the recommendation of theSpeaker of the House of Representatives and thelicensed real estate broker shall serve two-year terms.One home inspector appointed by the General Assembly upon the recommendation of the President ProTempore of the Senate and the licensed contractor shallserve three-year terms. The remaining home inspectorappointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senateand the citizen of the State shall serve 4-year terms.

Thereafter, as the term of each member expires, asuccessor shall be appointed for a term of four years.

(c) Vacancies. Vacancies in the Board occurring for anyreason shall be filled for the unexpired term by theappointing official making the original appointment.

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Vacancies in posItIons appointed by the GeneralAssembly upon the recommendation of the PresidentPro Tempore of the Senate or the Speaker of the Houseof Representatives shall be filled in accordance withG.S. 120-122.

§ 143-151.47. Compensation of Board members.

Members of the Board shall receive no salary for serving on theBoard. Members may be reimbursed for their travel and otherexpenses in accordance with G.S. 93B-5 but may not receivethe per diem authorized by that statute.

§ 143-151.48. Election of officers; meetings of Board.

(a) Officers. Within 30 days after making appointments tothe Board, the Governor shall call the first meeting ofthe Board. The Board shall elect a chair and a vice-chairwho shall hold office according to rules adopted by theBoard.

(b) Meetings. The Board shall hold at least two regularmeetings each year as provided by rules adopted by theBoard. The Board may hold additional meetings uponthe call of the chair or any two Board members. A majority of the Board membership constitutes a quorum.

§ 143-151.49. Powers and responsibilities of Board.

(a) General. The Board has the power to do all of the following:

1. Determine the qualifications and fitness of applicants for a new or renewed license.

2. Adopt and publish a code of ethics and standard ofpractice for persons licensed under this Article.

3. Issue, renew, deny, revoke, and suspend licensesunder this Article.

4. Conduct investigations, subpoena individualsand records, and do all other things necessary andproper to discipline persons licensed under thisArticle and to enforce this Article.

5. Employ professional, clerical, investigative, orspecial personnel necessary to carry out the provisions of this Article.

6. Purchase or rent office space, equipment, andsupplies necessary to carry out the provisions ofthis Article.

7. Adopt a seal by which it shall authenticate its proceedings, official records, and licenses.

8. Conduct administrative hearings in accordancewith Article 3A of Chapter 150B of the GeneralStatutes.

9. Establish fees as allowed by this Article.

10. Publish and make available upon request thelicensure standards prescribed under this Articleand all rules adopted by the Board.

11. Request and receive the assistance of State educational institutions or other State agencies.

12. Establish continuing education requirements forpersons licensed under this Article.


13. Adopt rules necessary to implement this Article.

(b) Exam. In developing a licensing examination to determine the knowledge of an applicant, the Board mustemphasize knowledge gained through experience.

§ 143-151.50. License required to perform home inspections for compensation or to claim to be a "licensed homeinspector."

(a) Requirement. To perform a home inspection for compensation on or after October 1, 1996, or to claim to be alicensed home inspector or a licensed associate homeinspector on or after that date, an individual must belicensed by the Board. An individual who is notlicensed by the Board may perform a home inspectionwithout compensation.

(b) Form of License. The Board may issue a license only toan individual and may not issue a license to a partnership, an association, a corporation, a firm, or anothergroup. A licensed home inspector or licensed associatehome inspector, however, may perform home inspections for or on behalf of a partnership, an association, acorporation, a firm, or another group, may conductbusiness as one of these entities, and may enter into andenforce contracts as one of these entities.

§ 143-151.51. Requirements to be licensed as a homeinspector.

To be licensed as a home inspector, an applicant must do all ofthe following:

1. Submit a completed application to the Board upon a formprovided by the Board.

2. Pass a licensing examination prescribed by the Board.

3. Have minimum net assets or a bond in an amount determined by the Board. The amount may not be less thanfive thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).

4. Pay the applicable fees.

5. Meet one of the following three conditions:

a. Have a high school diploma or its equivalent, havebeen engaged as a licensed associate home inspector for at least one year, and have completed 100home inspections for compensation.

b. Have education and experience the Board considers to be equivalent to that required by subpart a. ofthis subdivision.

c. Be licensed as a general contractor under Article 1of Chapter 87 of the General Statutes, as an architect under Chapter 83A of the General Statutes, oras a professional engineer under Chapter 89C ofthe General Statutes.

§ 143-151.52. Requirements to be licensed as an associatehome inspector.

To be licensed as an associate home inspector, a person must doall of the following:

1. Submit a completed application to the Board upon a formprovided by the Board.



2. Pass a licensing examination prescribed by the Board.

3. Pay the applicable fees.

4. Have a high school diploma or its equivalent.

5. Be employed by or affiliated with or intend to beemployed by or affiliated with a licensed home inspectorand submit a sworn statement by that licensed homeinspector certifying that the licensed home inspector willactively supervise and train the applicant.

§ 143-151.53. Notification to applicant following evaluationof application.

If the Board finds that the applicant has not met fully therequirements for licensing, the Board shall refuse to issue thelicense and shall notify in writing the applicant of the denial,stating the grounds of the denial. The application may also bedenied for any reason for which a license may be suspended orrevoked or not renewed under G.S. 143-151.56. Within 30 daysafter service of the notification, the applicant may make a written demand upon the Board for a review to determine the reasonableness of the Board's action. The review shall becompleted without undue delay, and the applicant shall be notified promptly in writing as to the outcome of the review. Within30 days after service of the notification as to the outcome, theapplicant may make a written demand upon the Board for ahearing under Article 3A of Chapter 150B of the General Statutes if the applicant disagrees with the outcome.

§ 143-151.54. Miscellaneous license provisions.

A license issued by the Board is the property of the Board. If theBoard suspends or revokes a license issued by it, the individualto whom it is issued must give it to the Board upon demand. Anindividual who is licensed by the Board must display thelicense certificate in the manner prescribed by the Board. Alicense holder whose address changes must report the changeto the Board.

§ 143-151.55. Renewal of license; inactive licenses; lapsedlicenses.

(a) Renewal. A license expires on September 30 of eachyear. A license may be renewed by filing an applicationfor renewal with the Board and paying the requiredrenewal fee. The Board must notify license holders atleast 30 days before their licenses expire. The Boardmust renew the license of a person who files an application for renewal, pays the required renewal fee, has fulfilled the continuing education requirements set by theBoard, and is not in violation of this Article when theapplication is filed. If the Board imposes a continuingeducation requirement as a condition of renewing alicense, the Board must ensure that the courses neededto fulfill the requirement are available in all geographicareas of the State.

(b) Late Renewal. The Board may provide for the laterenewal of a license upon the payment of a late fee, butno late renewal of a license may be granted more than 5years after the license expires.

(c) Inactive License. A license holder may apply to theBoard to be placed on inactive status. An applicant forinactive status must follow the procedure set by the

59


Board. A license holder who is granted inactive statusis not subject to the license renewal requirements during the period the license holder remains on inactivestatus.

§ 143-151.57. Fees.

(a) Maximum Fees. The Board may adopt fees that do notexceed the amounts set in the following table foradministering this Article:

Course fee, per credit hour per license 5.00

Credit for unapproved continuing education course 50.00

Cost ofCopies of Board rules or licensure standards printing and

mailing

(b) Subsequent Application. An individual who appliedfor a license as a home inspector and who failed thehome inspector examination is not required to pay anadditional application fee if the individual submitsanother application for a license as a home inspector.The individual must pay the examination fee, however,to be eligible to take the examination again.

§ 143-151.58. Duties of licensed home inspector or licensedassociate home inspector.

(a) Home Inspection Report. A licensed home inspector orlicensed associate home inspector must give to eachperson for whom the inspector performs a homeinspection for compensation a written report of thehome inspection. The inspector must give the personthe report by the date set in a written agreement by theparties to the home inspection. If the parties to the homeinspection did not agree on a date in a written agreement, the inspector must give the person the reportwithin three business days after the inspection was performed.

(b) Bond Required. A licensed home inspector must continuously maintain minimum net assets or a bond asrequired in G.S. 143-151.51(3).

(c) Supervision. A licensed associate home inspector mustbe continuously employed by or affiliated with alicensed home inspector as required in G.S.143-151.52(5).

(d) Record Keeping. All licensees under this Article shallmake and keep full and accurate records of businessdone under their licenses. Records shall include the

A license holder whose application is granted and isplaced on inactive status may apply to the Board to bereinstated to active status at any time. The Board mayset conditions for reinstatement to active status. Anindividual who is on inactive status and applies to bereinstated to active status must comply with the conditions set by the Board.

(d) Lapsed License. The license of a licensed home inspector shall lapse if the licensee fails to continuously maintain minimum net assets or a bond as required by G.S.143-151.58. The license of a licensed associate homeinspector shall lapse if the licensee fails to continuouslybe employed by or affiliated with a licensed homeinspector as required by G.S. 143-151.58.

§ 143-151.56. Suspension, revocation, and refusal to renewlicense.

(a) The Board may deny or refuse to issue or renew alicense, may suspend or revoke a license, or mayimpose probationary conditions on a license if thelicense holder or applicant for licensure has engaged inany of the following conduct:

1. Employed fraud, deceit, or misrepresentation inobtaining or attempting to obtain or renew a license.

2. Committed an act of malpractice, gross negligence' or incompetence in the practice of homeinspections.

3. Without having a current license, either performed home inspections for compensation orclaimed to be licensed.

4. Engaged in conduct that could result in harm orinjury to the public.

5. Been convicted of or pled guilty or nolo contendere to any misdemeanor involving moral turpitude or to any felony.

6. Been adjudicated incompetent.

7. Engaged in any act or practice that violates anyof the provisions of this Article or any rule issuedby the Board, or aided, abetted, or assisted anyperson in a violation of any of the provisions ofthis Article.

(b) A denial of licensure, refusal to renew, suspension,revocation, or imposition of probationary conditionsupon a license holder may be ordered by the Boardafter a hearing held in accordance with Article 3A ofChapter 150B of the General Statutes and rulesadopted by the Board. An application may be made tothe Board for reinstatement of a revoked license if therevocation has been in effect for at least one year.

ITEM

Application for home inspector license

Application for associate home inspector

Home inspector examination

Issuance of home inspector license

Issuance of associate home inspector license

Late renewal of home inspector license

Late renewal of associate home inspector license

Application for course approval

Renewal of course approval

MAXIMUM FEE

$25.00

15.00

75.00

150.00

100.00

25.00

15.00

150.00

75.00


written, signed contract and the written report requiredby the standards of practice referred to in G.S.143-151.49(a)(2) and any other information the Boardrequires by rule. Records shall be retained by licenseesfor not less than three years. Licensees shall furnishtheir records to the Board on demand.

§ 143-151.59. Violation is a misdemeanor.

A person who violates a provision of this Article is guilty of aClass 2 misdemeanor. Each unlawful act or practice constitutesa distinct and separate offense.

§ 143-151.60. Injunctions.

The Board may make application to any appropriate court foran order enjoining violations of this Article. Upon a showingby the Board that any person has violated or is about to violatethis Article, the court may grant an injunction or a restrainingorder or take other appropriate action.

§ 143-151.61. Certain applicants do not have to be licensedas an associate home inspector before being eligible forlicensure as a home inspector.

The requirement that an applicant for licensure as a homeinspector first have a license as an associate home inspectordoes not apply to a person who, prior to October 1, 1996, hadbeen engaged in the business of performing home inspectionsfor compensation for at least 1 year and had conducted at least100 home inspections for compensation. All other requirements for licensure as a home inspector, including passing alicensing examination provided by the Board, apply to anapplicant who is exempted by this section from the requirementof prior licensure as an associate home inspector.

§ 143-151.62. Persons and practices not affected.

This Article does not apply to any of the following:

1. A person who is employed as a code enforcement official by the State or a political subdivision of the Stateand is certified pursuant to Article 9C of Chapter 143 ofthe General Statutes, when acting within the scope ofthat employment.

2. A plumbing or heating contractor who does not claim tobe a home inspector and is licensed under Article 2 ofChapter 87 of the General Statutes, when acting pursuant to that Article.

3. An electrical contractor who does not claim to be ahome inspector and is licensed under Article 4 of Chapter 87 of the General Statutes, when acting pursuant tothat Article.

4. A real estate broker or a real estate sales representativewho does not claim to be a home inspector and islicensed under Article 1 of Chapter 93A of the GeneralStatutes, when acting pursuant to that Article.

5. A structural pest control licensee licensed under theprovisions of Article 4C of Chapter 106 of the GeneralStatutes, an employee of the licensee, or a certifiedapplicator licensed under the provisions of Article 4Cof Chapter 106 of the General Statutes who does notclaim to be a home inspector, while performing structural pest control activities pursuant to that Article.



§ 143-151.63. Administration.

(a) The Division of Engineering and Building Code in theDepartment of Insurance shall provide clerical andother staff services required by the Board, and shalladminister and enforce all provisions of this Article andall rules adopted under this Article, subject to the direction of the Board. The Board shall reimburse the Division for its services to the Board.

(b) Any monies received by the Board pursuant to thisArticle shall be deposited in the State treasury to theaccount of the Board and shall be used to administerthis Article.

(c) The books and records of the Board are subject to theoversight of the State Auditor, as provided in G.S.93B-4.

§ 143-151.64. Continuing education requirements.

(a) Requirements. The Board may establish programs ofcontinuing education for licensees under this Article. Alicensee subject to a program under this section shallpresent evidence to the Board upon the license renewalfollowing initial licensure, and every renewal thereafter, that during the 12 months preceding the annuallicense expiration date the licensee has completed therequired number of classroom hours of instruction incourses approved by the Board. Annual continuingeducation hour requirements shall be determined bythe Board, but shall not be more than 12 credit hours.No member of the Board shall provide or sponsor acontinuing education course under this section whilethat person is serving on the Board.

(b) Fees. The Board may establish a nonrefundable courseapplication fee to be charged to a course sponsor for thereview and approval of a proposed continuing education course. Approval of a continuing education coursemust be renewed annually. The Board may also requirea course sponsor to pay a fee for each licensee completing an approved continuing education course conducted by the sponsor.

(c) Credit for Unapproved Course. The Board may awardcontinuing education credit for an unapproved course orrelated educational activity. The Board may prescribeprocedures for a licensee to submit information on anunapproved course or related educational activity forcontinuing education credit. The Board may charge a feeto the licensee for each course or activity submitted.

(d) Extension of Time. The Board may, for good causeshown, grant extensions of time to licensees to complywith these requirements. Any licensee who, afterobtaining an extension under this subsection, offersevidence satisfactory to the Board that the licensee hassatisfactorily completed the required continuing education courses, is in compliance with this section.

(e) Rules. The Board may adopt rules governing continuingeducation requirements, including rules that govern:

1. The content and subject matter of continuingeducation courses.

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2. The criteria, standards, and procedures for theapproval of courses, course sponsors, and courseinstructors.

3. The methods of instruction.

4. The computation of course credit.

5. The ability to carry forward course credit fromone year to another.

6. The waiver of or variance from the continuingeducation requirement for hardship or other reasons.

7. The procedures for compliance and sanctions fornoncompliance.

Administrative Procedures Act

§ 150B-18. Scope and effect.

This Article applies to an agency's exercise of its authority toadopt a rule. A rule is not valid unless it is adopted in substantial compliance with this Article.

§ 150B-19. Restrictions on what can be adopted as a rule.

An agency may not adopt a rule that does one or more of thefollowing:

1. Implements or interprets a law unless that law or anotherlaw specifically authorizes the agency to do so.

2. Enlarges the scope of a profession, occupation, or fieldof endeavor for which an occupational license isrequired.

3. Imposes criminal liability or a civil penalty for an act oromission, including the violation of a rule, unless a lawspecifically authorizes the agency to do so or a lawdeclares that violation of the rule is a criminal offense oris grounds for a civil penalty.

4. Repeats the content of a law, a rule, or a federal regulation. A brief statement that informs the public of arequirement imposed by law does not violate this subdivision and satisfies the "reasonably necessary" standardof review set in G.S. 150B-21.9(a)(3).

5. Establishes a fee or other charge for providing a servicein fulfillment of a duty unless a law specifically authorizes the agency to do so or the fee or other charge is forone of the following:

a. A service to a State, federal, or local governmentalunit.

b. A copy of part or all of a State publication or otherdocument, the cost ofmailing a document, or both.

c. A transcript of a public hearing.

d. A conference, workshop, or course.

e. Data processing services.

6. Allows the agency to waive or modify a requirement setin a rule unless a rule establishes specific guidelines theagency must follow in determining whether to waive ormodify the requirement.

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§ 150B-20. Petitioning an agency to adopt a rule.

(a) Petition. A person may petition an agency to adopt arule by submitting to the agency a written rule-makingpetition requesting the adoption. A person may submitwritten comments with a rule-making petition. If arule-making petition requests the agency to create oramend a rule, the person must submit the proposed textof the requested rule change and a statement of theeffect of the requested rule change. Each agency mustestablish by rule the procedure for submitting arule-making petition to it and the procedure the agencyfollows in considering a rule-making petition.

(b) Time. An agency must grant or deny a rule-makingpetition submitted to it within 30 days after the date therule-making petition is submitted, unless the agency isa board or commission. If the agency is a board or commission, it must grant or deny a rule-making petitionwithin 120 days after the date the rule-making petitionis submitted.

(c) Action. If an agency denies a rule-making petition, itmust send the person who submitted the petition a written statement of the reasons for denying the petition. Ifan agency grants a rule-making petition, it must informthe person who submitted the rule-making petition ofits decision and must initiate rule-making proceedings.When an agency grants a rule-making petition, thenotice of text it publishes in the North Carolina Registermay state that the agency is initiating rule making as theresult of a rule-making petition and state the name ofthe person who submitted the rule-making petition. Ifthe rule-making petition requested the creation oramendment of a rule, the notice of text the agency publishes may set out the text of the requested rule changesubmitted with the rule-making petition and statewhether the agency endorses the proposed text.

(d) Review. Denial of a rule-making petition is a finalagency decision and is subject to judicial review underArticle 4 of this Chapter. Failure of an agency to grantor deny a rule-making petition within the time limits setin subsection (b) is a denial of the rule-making petition.

(e) Repealed.

§ 150B-21.2. Procedure for adopting a permanent rule.

(a) Steps. Before an agency adopts a permanent rule, itmust take the following actions:

1. Publish a notice of text in the North CarolinaRegister.

2. When required by G.S. 150B-21.4, prepare orobtain a fiscal note for the proposed rule.

3. Repealed.

4. When required by subsection (e) of this section,hold a public hearing on the proposed rule afterpublication of the proposed text of the rule.

5. Accept oral or written comments on the proposedrule as required by subsection (f) of this section.

(b) Repealed.


(c) Notice of Text. A notice of the proposed text of a rulemust include all of the following:

1. The text of the proposed rule.

2. A short explanation of the reason for the proposed rule.

3. A citation to the law that gives the agency theauthority to adopt the rule.

4. The proposed effective date of the rule.

5. The date, time, and place of any public hearingscheduled on the rule.

6. Instructions on how a person may demand a public hearing on a proposed rule if the notice doesnot schedule a public hearing on the proposedrule and subsection (e) of this section requires theagency to hold a public hearing on the proposedrule when requested to do so.

7. The period of time during which and the personto whom written comments may be submitted onthe proposed rule.

8. If a fiscal note has been prepared for the rule, astatement that a copy of the fiscal note can beobtained from the agency.

9. The procedure by which a person can object to aproposed rule and the requirements for subjectinga proposed rule to the legislative review process.

(d) Mailing List. An agency must maintain a mailing list ofpersons who have requested notice of rule making.When an agency publishes in the North Carolina Register a notice of text of a proposed rule, it must mail acopy of the notice or text to each person on the mailinglist who has requested notice on the subject matterdescribed in the notice or the rule affected. An agencymay charge an annual fee to each person on theagency's mailing list to cover copying and mailingcosts.

(e) Hearing. An agency must hold a public hearing on arule it proposes to adopt if the agency publishes the textof the proposed rule in the North Carolina Register andthe agency receives a written request for a public hearing on the proposed rule within 15 days after the noticeof text is published.

An agency may hold a public hearing on a proposedrule in other circumstances. When an agency isrequired to hold a public hearing on a proposed rule ordecides to hold a public hearing on a proposed rulewhen it is not required to do so, the agency must publishin the North Carolina Register a notice of the date, time,and place of the public hearing. The hearing date of apublic hearing held after the agency publishes notice ofthe hearing in the North Carolina Register must be atleast 15 days after the date the notice is published. Ifnotice of a public hearing has been published in theNorth Carolina Register and that public hearing hasbeen cancelled, the agency shall publish notice in theNorth Carolina Register at least 15 days prior to the dateof any rescheduled hearing.



(f) Comments. An agency must accept comments on thetext of a proposed rule that is published in the NorthCarolina Register for at least 60 days after the text ispublished or until the date of any public hearing held onthe proposed rule, whichever is longer. An agencymust consider fully all written and oral commentsreceived.

(g) Adoption. An agency shall not adopt a rule until thetime for commenting on the proposed text of the rulehas elapsed and shall not adopt a rule if more than 12months have elapsed since the end of the time for commenting on the proposed text of the rule. An agencyshall not adopt a rule that differs substantially from thetext of a proposed rule published in the North CarolinaRegister unless the agency publishes the text of the pro posed different rule in the North Carolina Register andaccepts comments on the proposed different rule for thetime set in subsection (f) of this section.

An adopted rule differs substantially from a proposed rule if it does one or more of the following:

1. Affects the interests of persons who, based onthe proposed text of the rule published in theNorth Carolina Register, could not reasonablyhave determined that the rule would affect theirinterests.

2. Addresses a subject matter or an issue that is notaddressed in the proposed text of the rule.

3. Produces an effect that could not reasonablyhave been expected based on the proposed textof the rule.

When an agency adopts a rule, it shall not take subsequent action on the rule without following the procedures in this Part. An agency must submit an adoptedrule to the Rules Review Commission within 30 days ofthe agency's adoption of the rule.

(h) Explanation. An agency must issue a concise writtenstatement explaining why the agency adopted a rule if,within 15 days after the agency adopts the rule, a personasks the agency to do so. The explanation must state theprincipal reasons for and against adopting the rule andmust discuss why the agency rejected any argumentsmade or considerations urged against the adoption ofthe rule. The agency must issue the explanation within15 days after receipt of the request for an explanation.

(i) Record. An agency must keep a record of a rule-making proceeding. The record must include all writtencomments received, a transcript or recording of anypublic hearing held on the rule, and any written explanation made by the agency for adopting the rule.

§ 150B-21.3. Effective date of rules.

(a) Temporary and Emergency Rules. A temporary rule oran emergency rule becomes effective on the date theCodifier of Rules enters the rule in the North CarolinaAdministrative Code.

(b) Permanent Rule. A permanent rule approved by theCommission becomes effective on the first day of the

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month following the month the rule is approved by theCommission, unless the Commission received writtenobjections to the rule in accordance with subsection(b2) of this section, or unless the agency that adoptedthe rule specifies a later effective date.

(bl) Delayed Effective Dates. If the Commission receivedwritten objections to the rule in accordance with subsection (b2) of this section, the rule becomes effectiveon the earlier of the 31 st legislative day or the day ofadjournment of the next regular session of the GeneralAssembly that begins at least 25 days after the date theCommission approved the rule, unless a differenteffective date applies under this section. If a bill thatspecifically disapproves the rule is introduced in eitherhouse of the General Assembly before the 31 st legislative day of that session, the rule becomes effective onthe earlier of either the day an unfavorable final actionis taken on the bill or the day that session of the GeneralAssembly adjourns without ratifying a bill that specifically disapproves the rule. If the agency adopting therule specifies a later effective date than the date thatwould otherwise apply under this subsection, the laterdate applies. A permanent rule that is not approved bythe Commission or that is specifically disapproved by abill enacted into law before it becomes effective doesnot become effective.

A bill specifically disapproves a rule if it contains aprovision that refers to the rule by appropriate NorthCarolina Administrative Code citation and states thatthe rule is disapproved. Notwithstanding any rule ofeither house of the General Assembly, any member ofthe General Assembly may introduce a bill during thefirst 30 legislative days of any regular session to disapprove a rule that has been approved by the Commissionand that either has not become effective or has becomeeffective by executive order under subsection (c) of thissection.

(b2) Objection. Any person who objects to the adoption of apermanent rule may submit written comments to theagency. If the objection is not resolved prior to adoption of the rule, a person may submit written objectionsto the Commission. If the Commission receives writtenobjections from 10 or more persons, no later than 5:00p.m. of the day following the day the Commissionapproves the rule, clearly requesting review by the legislature in accordance with instructions contained inthe notice pursuant to G.S. 150B-21.2(c)(9), and theCommission approves the rule, the rule will becomeeffective as provided in subsection (b1) of this section.The Commission shall notify the agency that the rule issubject to legislative disapproval on the day followingthe day it receives 10 or more written objections. Whenthe requirements of this subsection have been met and arule is subject to legislative disapproval, the agencymay adopt the rule as a temporary rule if the rule wouldhave met the criteria listed in G.S. 150B-21.1(a) at thetime the notice of text for the permanent rule was published in the North Carolina Register. If the Commission receives objections from 10 or more persons

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clearly requesting review by the legislature, and therule objected to is one of a group of related rulesadopted by the agency at the same time, the agency thatadopted the rule may cause any of the other rules in thegroup to become effective as provided in subsection(b1) of this section by submitting a written statement tothat effect to the Commission before the other rulesbecome effective.

(c) Executive Order Exception. The Governor may, byexecutive order, make effective a permanent rule thathas been approved by the Commission but the effectivedate of which has been delayed in accordance with subsection (b1) of this section upon finding that it is necessary that the rule become effective in order to protectpublic health, safety, or welfare. A rule made effectiveby executive order becomes effective on the date theorder is issued or at a later date specified in the order.When the Codifier ofRules enters in the North CarolinaAdministrative Code a rule made effective by executive order, the entry must reflect this action.

A rule that is made effective by executive orderremains in effect unless it is specifically disapprovedby the General Assembly in a bill enacted into law on orbefore the day of adjournment of the regular session ofthe General Assembly that begins at least 25 days afterthe date the executive order is issued. A rule that ismade effective by executive order and that is specifically disapproved by a bill enacted into law is repealedas of the date specified in the bill. If a rule that is madeeffective by executive order is not specifically disapproved by a bill enacted into law within the time set bythis subsection, the Codifier of Rules must note this inthe North Carolina Administrative Code.

(cl) Fees. Notwithstanding any other provision of thissection, a rule that establishes a new fee or increases anexisting fee shall not become effective until the agencyhas complied with the requirements of G.S. 12-3.1.

(d) Legislative Day and Day of Adjournment. As used inthis section:

1. A "legislative day" is a day on which eitherhouse of the General Assembly convenes in regular session.

2. The "day of adjournment" of a regular sessionheld in an odd-numbered year is the day the General Assembly adjourns by joint resolution formore than 10 days.

3. The "day of adjournment" of a regular sessionheld in an even-numbered year is the day theGeneral Assembly adjourns sine die.

(e) OSHA Standard. A permanent rule concerning anoccupational safety and health standard that is adoptedby the Occupational Safety and Health Division of theDepartment of Labor and is identical to a federal regulation promulgated by the Secretary of the UnitedStates Department of Labor becomes effective on thedate the Division delivers the rule to the Codifier ofRules, unless the Division specifies a later effective


date. If the Division specifies a later effective date, therule becomes effective on that date.

(f) Technical Change. A permanent rule for which nonotice or hearing is required under G. S.150B-21.5(a)(1) through (a)(5) or G.S. 150B-21.5(b)becomes effective on the first day of the month following the month the rule is approved by the Rules ReviewCommission.

§ 150B-21.4. Fiscal notes on rules.

(a) State Funds. Before an agency publishes in the NorthCarolina Register the proposed text of a permanentrule change that would require the expenditure or distribution of funds subject to the Executive Budget Act,Article 1 of Chapter 143, it must submit the text of theproposed rule change and a fiscal note on the proposedrule change to the Director of the Budget and obtaincertification from the Director that the funds thatwould be required by the proposed rule change areavailable. The fiscal note must state the amount offunds that would be expended or distributed as a resultof the proposed rule change and explain how theamount was computed. The Director of the Budgetmust certify a proposed rule change if funds are available to cover the expenditure or distribution requiredby the proposed rule change.

(a1) DOT Analyses. In addition to the requirementsof subsection (a) of this section, any agency thatadopts a rule affecting environmental permitting of Department of Transportation projectsshall conduct an analysis to determine if therule will result in an increased cost to the Department of Transportation. The analysis shallbe conducted and submitted to the Board ofTransportation before the agency publishes theproposed text of the rule change in the NorthCarolina Register. The agency shall considerany recommendations offered by the Board ofTransportation prior to adopting the rule. Oncea rule subject to this subsection is adopted, theBoard of Transportation may submit any objection to the rule it may have to the Rules ReviewCommission. If the Rules Review Commissionreceives an objection to a rule from the Board ofTransportation no later than 5:00 p.m. of theday following the day the Commission approves the rule, then the rule shall only becomeeffective as provided in G.S. 150B-21.3(b1).

(b) Local Funds. Before an agency publishes in the NorthCarolina Register the proposed text of a permanentrule change that would affect the expenditures or revenues of a unit of local government, it must submit thetext of the proposed rule change and a fiscal note onthe proposed rule change to the Office of the Governoras provided by G.S. 150B-21.26, the Fiscal ResearchDivision of the General Assembly, the Office of StateBudget and Management, the North Carolina Association of County Commissioners, and the NorthCarolina League of Municipalities. The fiscal note



must state the amount by which the proposed rulechange would increase or decrease expenditures orrevenues of a unit of local government and mustexplain how the amount was computed.

(b1) Substantial Economic Impact. Before an agency publishes in the North Carolina Register the proposed textof a permanent rule change that would have a substantial economic impact and that is not identical to a federal regulation that the agency is required to adopt, theagency must obtain a fiscal note for the proposed rulechange from the Office of State Budget and Management or prepare a fiscal note for the proposed rulechange and have the note approved by that Office. If anagency requests the Office of State Budget and Management to prepare a fiscal note for a proposed rulechange, that Office must prepare the note within 90days after receiving a written request for the note. If theOffice of State Budget and Management fails to prepare a fiscal note within this time period, the agencyproposing the rule change may prepare a fiscal note. Afiscal note prepared in this circumstance does notrequire approval of the Office of State Budget andManagement.

If an agency prepares the required fiscal note, theagency must submit the note to the Office of State Budget and Management for review. The Office of StateBudget and Management must review the fiscal notewithin 14 days after it is submitted and either approvethe note or inform the agency in writing of the reasonswhy it does not approve the fiscal note. After addressing these reasons, the agency may submit the revisedfiscal note to that Office for its review. If an agency isnot sure whether a proposed rule change would have asubstantial economic impact, the agency may ask theOffice of State Budget and Management to determinewhether the proposed rule change has a substantial economic impact.

As used in this subsection, the term "substantial economic impact" means an aggregate financial impact onall persons affected of at least three million dollars($3,000,000) in a 12-month period.

(b2) Content. A fiscal note required by subsection (b1) ofthis section must contain the following:

1. A description of the persons who would beaffected by the proposed rule change.

2. A description of the types of expenditures thatpersons affected by the proposed rule changewould have to make to comply with the rule andan estimate of these expenditures.

3. A description of the purpose and benefits of theproposed rule change.

4. An explanation of how the estimate of expenditures was computed.

(c) Errors. An erroneous fiscal note prepared in good faithdoes not affect the validity of a rule.

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§ 150B-21.5. Circumstances when notice and rule-makinghearing not required.

(a) Amendment. An agency is not required to publish anotice of text in the North Carolina Register or hold apublic hearing when it proposes to amend a rule to doone of the following:

1. Reletter or renumber the rule or subparts of therule.

2. Substitute one name for another when an organization or position is renamed.

3. Correct a citation in the rule to another rule orlaw when the citation has become inaccuratesince the rule was adopted because of the repealor renumbering of the cited rule or law.

4. Change information that is readily available tothe public, such as an address or a telephonenumber.

5. Correct a typographical error in the NorthCarolina Administrative Code.

6. Change a rule in response to a request or an objection by the Commission, unless the Commission determines that the change is substantial.

(b) Repeal. An agency is not required to publish a notice oftext in the North Carolina Register or hold a publichearing when it proposes to repeal a rule as a result ofany of the following:

1. The law under which the rule was adopted is repealed.

2. The law under which the rule was adopted or therule itself is declared unconstitutional.

3. The rule is declared to be in excess of theagency's statutory authority.

(c) OSHA Standard. The Occupational Safety and HealthDivision of the Department of Labor is not required topublish a notice of text in the North Carolina Registeror hold a public hearing when it proposes to adopt a rulethat concerns an occupational safety and health standard and is identical to a federal regulation promulgated by the Secretary of the United States Departmentof Labor. The Occupational Safety and Health Divisionis not required to submit to the Commission for reviewa rule for which notice and hearing is not requiredunder this subsection.

(d) State Building Code. The Building Code Council is notrequired to publish a notice of text in the NorthCarolina Register when it proposes to adopt a rule thatconcerns the North Carolina State Building Code. TheBuilding Code Council is required to publish a notice inthe North Carolina Register when it proposes to adopt arule that concerns the North Carolina State BuildingCode. The notice must include all of the following:

1. A statement of the subject matter of the proposedrule making.

2. A short explanation of the reason for the proposed action.

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3. A citation to the law that gives the agency the authority to adopt a rule on the subject matter of theproposed rule making.

4. The person to whom questions or written comments may be submitted on the subject matter ofthe proposed rule making.

The Building Code Council is required to submit tothe Commission for review a rule for which notice oftext is not required under this subsection. In adopting arule, the Council shall comply with the proceduralrequirements of G.S. 150B-21.3.

§ 150B-21.6. Incorporating material in a rule by reference.

An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material:

1. Another rule or part of a rule adopted by the agency.

2. All or part of a code, standard, or regulation adopted byanother agency, the federal government, or a generallyrecognized organization or association.


In incorporating material by reference, the agency must designate in the rule whether or not the incorporation includes subsequent amendments and editions of the referenced material. Theagency can change this designation only by a subsequentrule-making proceeding. The agency must have copies of theincorporated material available for inspection and must specifyin the rule both where copies of the material can be obtained andthe cost on the date the rule is adopted ofa copy of the material.

A statement in a rule that a rule incorporates material by reference in accordance with former G.S. 150B-14(b) is a statement that the rule does not include subsequent amendmentsand editions of the referenced material. A statement in a rulethat a rule incorporates material by reference in accordancewith former G.S. 150B-14(c) is a statement that the ruleincludes subsequent amendments and editions of the referenced material.

§ 150B-21.7. Effect of transfer of duties or termination ofagency on rules.

When a law that authorizes an agency to adopt a rule is repealedand another law gives the same or another agency substantiallythe same authority to adopt a rule, the rule remains in effectuntil the agency amends or repeals the rule. When a law thatauthorizes an agency to adopt a rule is repealed and another lawdoes not give the same or another agency substantially the sameauthority to adopt a rule, a rule adopted under the repealed lawis repealed as of the date the law is repealed.

When an executive order abolishes part or all of an agencyand transfers a function of that agency to another agency, a ruleconcerning the transferred function remains in effect until theagency to which the function is transferred amends or repealsthe rule. When an executive order abolishes part or all of anagency and does not transfer a function of that agency toanother agency, a rule concerning a function abolished by theexecutive order is repealed as of the effective date of the executive order.


The Director of Fiscal Research of the General Assemblymust notify the Codifier of Rules when a rule is repealed underthis section. When notified of a rule repealed under this section,the Codifier of Rules must enter the repeal of the rule in theNorth Carolina Administrative Code.

Part 3. Review by Commission.

§ 150B-21.8. Review of rule by Commission.

(a) Emergency Rule. The Commission does not review anemergency rule.

(b) Temporary and Permanent Rules. An agency must submit temporary and permanent rules adopted by it to theCommission before the rule can be included in theNorth Carolina Administrative Code. The Commissionreviews a temporary or permanent rule in accordancewith the standards in G.S. 150B-21.9 and follows theprocedure in this Part in its review of a rule.

(c) Scope. When the Commission reviews an amendmentto a permanent rule, it may review the entire rule that isbeing amended. The procedure in G.S. 150B-21.12applies when the Commission objects to a part of a permanent rule that is within its scope of review but is notchanged by a rule amendment.

(d) Judicial Review. When the Commission returns a permanent rule to an agency in accordance with G.S.150B-21.12(d), the agency may file an action fordeclaratory judgment in Wake County Superior Courtpursuant to Article 26 of Chapter 1 of the General Statutes.

§ 150B-21.9. Standards and timetable for review by Commission.

(a) Standards. The Commission must determine whether arule meets all of the following criteria:

1. It is within the authority delegated to the agencyby the General Assembly.

2. It is clear and unambiguous.

3. It is reasonably necessary to implement or interpret an enactment of the General Assembly, or ofCongress, or a regulation of a federal agency.The Commission shall consider the cumulativeeffect of all rules adopted by the agency relatedto the specific purpose for which the rule is proposed.

4. It was adopted in accordance with Part 2 of thisArticle.

The Commission shall not consider questions relating to the quality or efficacy of the rule but shall restrictits review to determination of the standards set forth inthis subsection.

The Commission may ask the Office of State Budgetand Management to determine if a rule has a substantialeconomic impact and is therefore required to have a fiscal note. The Commission must ask the Office of StateBudget and Management to make this determination if



a fiscal note was not prepared for a rule and the Commission receives a written request for a determinationof whether the rule has a substantial economic impact.

(a1) Entry of a rule in the North Carolina AdministrativeCode after review by the Commission creates arebuttable presumption that the rule was adopted inaccordance with Part 2 of this Article.

(b) Timetable. The Commission must review a permanentrule submitted to it on or before the 20th of a month bythe last day of the next month. The Commission mustreview a rule submitted to it after the 20th of a month bythe last day of the second subsequent month. The Commission must review a temporary rule in accordancewith the timetable and procedure set forth in G.S.150B-21.1.

§ 150B-21.10. Commission action on permanent rule.

At the first meeting at which a permanent rule is before theCommission for review, the Commission must take one of thefollowing actions:

1. Approve the rule, if the Commission determines that therule meets the standards for review.

2. Object to the rule, if the Commission determines that therule does not meet the standards for review.

3. Extend the period for reviewing the rule, if the Commission determines it needs additional information on therule to be able to decide whether the rule meets the standards for review.

In reviewing a new rule or an amendment to an existing rule,the Commission may request an agency to make technicalchanges to the rule and may condition its approval of the ruleon the agencies making the requested technical changes.

§ 150B-21.11. Procedure when Commission approves permanent rule.

When the Commission approves a permanent rule, it mustnotify the agency that adopted the rule of the Commission'sapproval, deliver the approved rule to the Codifier ofRules, andinclude the text of the approved rule and a summary of the rulein its next report to the Joint Legislative Administrative Procedure Oversight Committee.

If the approved rule will increase or decrease expenditures orrevenues of a unit of local government, the Commission mustalso notify the Governor of the Commission's approval of therule and deliver a copy of the approved rule to the Governor bythe end of the month in which the Commission approved therule.

§ 150B-21.12. Procedure when Commission objects to apermanent rule.

(a) Action. When the Commission objects to a permanentrule, it must send the agency that adopted the rule awritten statement of the objection and the reason for theobjection. The agency that adopted the rule must takeone of the following actions:

1. Change the rule to satisfy the Commission'sobjection and submit the revised rule to the Commission.

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2. Submit a written response to the Commission indicating that the agency has decided not to changethe rule.

(b) Time Limit. An agency that is not a board or commission must take one of the actions listed in subsection (a)of this section within 30 days after receiving the Commission's statement of objection. A board or commission must take one of these actions within 30 days afterreceiving the Commission's statement of objection orwithin 10 days after the board or commission's nextregularly scheduled meeting, whichever comes later.

(c) Changes. When an agency changes a rule in response toan objection by the Commission, the Commission mustdetermine whether the change satisfies the Commission's objection. If it does, the Commission mustapprove the rule. If it does not, the Commission mustsend the agency a written statement of the Commission's continued objection and the reason for the continued objection. The Commission must also determinewhether the change is substantial. In making this determination, the Commission shall use the standards setforth in G.S. 150B-21.2(g). If the change is substantial,the revised rule shall be published and reviewed inaccordance with the procedure set forth in G.S.150B-21.1(a3) and (b).

(d) Return of Rule. A rule to which the Commission hasobjected remains under review by the Commissionuntil the agency that adopted the rule decides not to satisfy the Commission's objection and makes a writtenrequest to the Commission to return the rule to theagency. When the Commission returns a rule to whichit has objected, it must notify the Codifier of Rules of itsaction and must send a copy of the record of the Commission's review of the rule to the Joint LegislativeAdministrative Procedure Oversight Committee in itsnext report to that Committee. If the rule that is returnedwould have increased or decreased expenditures orrevenues of a unit of local government, the Commission must also notify the Governor of its action andmust send a copy of the record of the Commission'sreview of the rule to the Governor. The record ofreview consists of the rule, the Commission's letter ofobjection to the rule, the agency's written response tothe Commission's letter, and any other relevant documents before the Commission when it decided to objectto the rule.

Counties

§ 153A-97. Defense of officers, employees and others.

A county may, pursuant to G.S. 160A-167, provide for thedefense of:

1. Any county officer or employee, including the countyboard of elections or any county election official.

2. Any member of a volunteer fire department or rescuesquad which receives public funds.

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2a. Any soil and water conservation supervisor,and any local soil and water conservationemployee, whether the employee is a countyemployee or an employee of a soil and waterconservation district.

3. Any person or professional association who at therequest of the board of county commissioners providesmedical or dental services to inmates in the custody ofthe sheriff and is sued pursuant to 42 U.S.C. § 1983with respect to the services.

§ 153A-134. Regulating and licensing businesses, trades,etc.

A county may by ordinance, subject to the general law of theState, regulate and license occupations, businesses, trades, professions, and forms of amusement or entertainment and prohibit those that may be inimical to the public health, welfare,safety, order, or convenience. In licensing trades, occupations,and professions, the county may, consistent with the generallaw of the State, require applicants for licenses to be examinedand charge a reasonable fee therefor. This section does notauthorize a county to examine or license a person holding alicense issued by an occupational licensing board of this Stateas to the profession or trade that he has been licensed to practiceor pursue by the State.

This section does not impair the county's power to levy privilege license taxes on occupations, businesses, trades, professions, and other activities pursuant to G.S. 153A-152.

§ 153A-350. "Building" defined.

As used in this Part, the words "building" or "buildings"include other structures.

§ 153A-350.1. Tribal lands.

As used in this Part, the term:

1. "Board of commissioners" includes the Tribal Councilof such tribe.

2. "County" or "counties" also means a federally recognized Indian Tribe, and as to such tribe includes landsheld in trust for the tribe.

§ 153A-351. Inspection department; certification ofelectrical inspectors.

(a) A county may create an inspection department, consisting of one or more inspectors who may be given thetitles of building inspector, electrical inspector, plumbing inspector, housing inspector, zoning inspector,heating and air-conditioning inspector, fire preventioninspector, deputy or assistant inspector, or any othertitle that is generally descriptive of the duties assigned.The department may be headed by a superintendent ordirector of inspections.

(a1) Every county shall perform the duties and responsibilities set forth in G.S. 153A-352 either by:

1. Creating its own inspection department;

2. Creating ajoint inspection department in cooperation with one or more other units of local government' pursuant to G.S. 153A-353 or Part 1 ofArticle 20 of Chapter 160A; or,


3. Contracting with another unit of local government for the provision of inspection services pursuant to Part 1 of Article 20 of Chapter 160A.

Such action shall be taken no later than the applicable date in the schedule below, according to thecounty's population as published in the 1970 UnitedStates Census:

Counties over 75,000 population - July 1, 1979

Counties between 50,001 and 75,000 - July 1, 1981

Counties between 25,001 and 50,000 - July 1, 1983

Counties 25,000 and under - July 1, 1985.

In the event that any county shall fail to provideinspection services by the date specified above or shallcease to provide such services at any time thereafter,the Commissioner of Insurance shall arrange for theprovision of such services, either through personnelemployed by his Department or through an arrangement with other units of government. In either event,the Commissioner shall have and may exercise withinthe county's jurisdiction all powers made available tothe board of county commissioners with respect tobuilding inspection under Part 4 of Article 18 of thisChapter and Part 1 of Article 20 of Chapter 160A.Whenever the Commissioner has intervened in thismanner, the county may assume provision of inspection services only after giving the Commissioner twoyears' written notice of its intention to do so; provided,however, that the Commissioner may waive thisrequirement or permit assumption at an earlier date ifhe finds that such earlier assumption will not undulyinterfere with arrangements he has made for the provision of those services.

(b) No person may perform electrical inspections pursuantto this Part unless he has been certified as qualified bythe Commissioner of Insurance. To be certified a person must pass a written examination based on the electrical regulations included in the latest edition of theState Building Code as filed with the Secretary of State.The examination shall be under the supervision of andconducted according to rules and regulations prescribed by the Chief State Electrical Inspector or Engineer of the State Department of Insurance and theBoard of Examiners of Electrical Contractors. It shallbe held quarterly, in Raleigh or any other place designated by the Chief State Electrical Inspector or Engineer.

The rules and regulations may provide for the certificationof Class I, Class II, and Class III inspectors, according to theresults of the examination. The examination shall be based onthe type and character of electrical installations being made inthe territory in which the applicant wishes to serve as an electrical inspector. A Class I inspector may serve anywhere in theState, but Class II and Class III inspectors shall be limited toservice in the territory for which they have qualified.

The Commissioner of Insurance shall issue a certificate toeach person who passes the examination, approving the personfor service in a designated territory. To remain valid, a certifi-



cate must be renewed each January by payment of an annualrenewal fee of one dollar ($1.00). The examination fee shall befive dollars ($5.00).

If the person appointed by a county as electrical inspectorfails to pass the examination, the county shall continue to makeappointments until an appointee has passed the examination.For the interim the Commissioner of Insurance may authorizethe county to use a temporary inspector.

The provisions of this subsection shall become void andineffective on such date as the North Carolina Code OfficialsQualification Board certifies to the Secretary of State that it hasplaced in effect a certification system for electrical inspectorspursuant to its authority granted by Article 9C of Chapter 143of the General Statutes.

§ 153A-351.1. Qualifications of inspectors.

On and after the applicable date set forth in the schedule inG.S. 153A-351, no county shall employ an inspector toenforce the State Building Code as a member of a county orjoint inspection department who does not have one of thefollowing types of certificates issued by the North CarolinaCode Officials Qualification Board attesting to his qualifications to hold such position: (i) a probationary certificate,valid for 1 year only; (ii) a standard certificate; or (iii) a limited certificate, which shall be valid only as an authorizationfor him to continue in the position held on the date specifiedin G.S. 143-151.10(c) and which shall become invalid ifhedoes not successfully complete in-service training prescribed by the Qualification Board within the period specified in G.S. 143- 151.10(c). An inspector holding one of theabove certificates can be promoted to a position requiring ahigher level certificate only upon issuance by the Board of astandard certificate or probationary certificate appropriatefor such new position.

§ 153A-352. Duties and responsibilities.

The duties and responsibilities of an inspection department andof the inspectors in it are to enforce within the county's territorial jurisdiction State and local laws and local ordinances andregulations relating to:

1. The construction of buildings;

2. The installation of such facilities as plumbing systems,electrical systems, heating systems, refrigeration systems, and air-conditioning systems;

3. The maintenance of buildings in a safe, sanitary, andhealthful condition;

4. Other matters that may be specified by the board ofcommissioners.

These duties and responsibilities include receiving applications for permits and issuing or denying permits, making necessary inspections, issuing or denying certificates ofcompliance, issuing orders to correct violations, bringing judicial actions against actual or threatened violations, keepingadequate records, and taking any other actions that may berequired to adequately enforce the laws and ordinances andregulations. The board of commissioners may enact reasonableand appropriate provisions governing the enforcement of thelaws and ordinances and regulations

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§ 153A-353. Joint inspection department; other arrangements.

A county may enter into and carry out contracts with one ormore other counties or cities under which the parties agree tocreate and support a joint inspection department for enforcingthose State and local laws and local ordinances and regulationsspecified in the agreement. The governing bodies of the contracting units may make any necessary appropriations for thispurpose.

In lieu of ajoint inspection department, a county may designate an inspector from another county or from a city to serve asa member of the county inspection department, with theapproval of the governing body of the other county or city. Acounty may also contract with an individual who is not a city orcounty employee but who holds one of the applicable certificates as provided in G.S. 153A-351.1 or G.S. 160A-411.1 orwith the employer of an individual who holds one of the applicable certificates as provided in G.S. 153A-351.1 or G.S.160A-411.1. The inspector, if designated from another countyor city under this section, while exercising the duties of theposition, is a county employee. The county shall have the samepotential liability, if any, for inspections conducted by an individual who is not an employee of the county as it does for anindividual who is an employee of the county. The company orindividual with whom the county contracts shall have errorsand omissions and other insurance coverage acceptable to thecounty.

§ 153A-354. Financial support.

A county may appropriate any available funds for the supportof its inspection department. It may provide for paying inspectors fixed salaries, or it may reimburse them for their servicesby paying over part or all of any fees collected. It may fix reasonable fees for issuing permits, for inspections, and for otherservices of the inspection department.

§ 153A-355. Conflicts of interest.

Unless he or she is the owner of the building, no member of aninspection department shall be financially interested oremployed by a business that is financially interested in furnishing labor, material, or appliances for the construction, alteration' or maintenance of any building within the county'sterritorial jurisdiction or any part or system thereof, or in making plans or specifications therefor. No member of any inspection department or other individual or an employee of acompany contracting with a county to conduct inspections mayengage in any work that is inconsistent with his or her duties orwith the interest of the county, as determined by the county.The county must find a conflict of interest if any of the following is the case:

1. If the individual, company, or employee of a companycontracting to perform inspections for the county hasworked for the owner, developer, contractor, or projectmanager of the project to be inspected within the last 2years.

2. If the individual, company, or employee of a companycontracting to perform inspections for the county isclosely related to the owner, developer, contractor, orproject manager of the project to be inspected.

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3. If the individual, company, or employee of a companycontracting to perform inspections for the county has afinancial or business interest in the project to beinspected.

§ 153A-356. Failure to perform duties.

If a member of an inspection department willfully fails to perform the duties required of him by law, or willfully improperlyissues a permit, or gives a certificate of compliance withoutfirst making the inspections required by law, or willfullyimproperly gives a certificate of compliance, he is guilty of aClass 1 misdemeanor.

§ 153A-357. Permits.

(a) No person may commence or proceed with:

1. The construction, reconstruction, alteration,repair, movement to another site, removal, ordemolition of any building;

2. The installation, extension, or general repair of anyplumbing system;

3. The installation, extension, alteration, or generalrepair of any heating or cooling equipment system;or

4. The installation, extension, alteration, or generalrepair of any electrical wiring, devices, appliances,or equipment

without first securing from the inspection departmentwith jurisdiction over the site of the work each permitrequired by the State Building Code and any other Stateor local law or local ordinance or regulation applicableto the work. A permit shall be in writing and shall contain a provision that the work done shall comply withthe State Building Code and all other applicable Stateand local laws and local ordinances and regulations.Nothing in this section shall require a county to reviewand approve residential building plans submitted to thecounty pursuant to Section R-110 of Volume VII of theNorth Carolina State Building Code; provided that thecounty may review and approve such residential building plans as it deems necessary. No permit may beissued unless the plans and specifications are identifiedby the name and address of the author thereof; and if theGeneral Statutes of North Carolina require that plansfor certain types of work be prepared only by a registered architect or registered engineer, no permit may beissued unless the plans and specifications bear theNorth Carolina seal of a registered architect or of a registered engineer. If a provision of the General Statutesof North Carolina or of any ordinance requires thatwork be done by a licensed specialty contractor of anykind, no permit for the work may be issued unless thework is to be performed by such a duly licensed contractor. No permit issued under Articles 9 or 9C of G.S.Chapter 143 shall be required for any construction,installation, repair, replacement, or alteration costingfive thousand dollars ($5,000) or less in any single-family residence or farm building unless the workinvolves: the addition, repair or replacement of loadbearing structures; the addition (excluding replacement


of same size and capacity) or change in the design ofplumbing; the addition, replacement or change in thedesign of heating, air conditioning, or electrical wiring,devices, appliances, or equipment; the use of materialsnot permitted by the North Carolina Uniform Residential Building Code; or the addition (excluding replacement of like grade of fire resistance) of roofing.Violation of this section constitutes a Class 1 misdemeanor.

(b) No permit shall be issued pursuant to subsection (a) forany land-disturbing activity, as defined in G.S.113A-52(6), for any activity covered by G.S. 113A-57,unless an erosion and sedimentation control plan hasbeen approved by the Sedimentation Pollution ControlCommission pursuant to G.S. 113A-54(d)(4) or by alocal government pursuant to G.S. 113A-61 for the siteof the activity or a tract of land including the site of theactivity.

§ 153A-358. Time limitations on validity of permits.

A permit issued pursuant to G.S. 153A-357 expires six months,or any lesser time fixed by ordinance of the county, after thedate of issuance if the work authorized by the permit has notcommenced. If after commencement the work is discontinuedfor a period of 12 months, the permit therefor immediatelyexpires. No work authorized by a permit that has expired maythereafter be performed until a new permit has been secured.

§ 153A-359. Changes in work.

After a permit has been issued, no change or deviation from theterms of the application, the plans and specifications, or thepermit, except if the change or deviation is clearly permissibleunder the State Building Code, may be made until specific written approval of the proposed change or deviation has beenobtained from the inspection department.

§ 153A-360. Inspections of work in progress.

As the work pursuant to a permit progresses, local inspectorsshall make as many inspections of the work as may be necessary to satisfy them that it is being done according to the provisions of the applicable State and local laws and localordinances and regulations and of the terms of the permit. Inexercising this power, each member of the inspection department has a right, upon presentation of proper credentials, toenter on any premises within the territorial jurisdiction of thedepartment at any reasonable hour for the purposes of inspection or other enforcement action.

§ 153A-361. Stop orders.

Whenever a building or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardousmanner, or in substantial violation of a State or local buildinglaw or local building ordinance or regulation, or in a mannerthat endangers life or property, the appropriate inspector mayorder the specific part of the work that is in violation or thatpresents such a hazard to be immediately stopped. The stoporder shall be in writing and directed to the person doing thework, and shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under whichthe work may be resumed. The owner or builder may appealfrom a stop order involving alleged violation of the State



Building Code or any approved local modification thereof tothe North Carolina Commissioner of Insurance or hisdesignee within five days after the day the order is issued. Theowner or builder shall give to the Commissioner of Insuranceor his designee written notice of appeal, with a copy to thelocal inspector. The Commissioner or his designee shallpromptly conduct an investigation and the appellant and theinspector shall be permitted to submit relevant evidence. TheCommissioner or his designee shall as expeditiously as possible provide a written statement of the decision setting forththe facts found, the decision reached, and the reasons for thedecision. Pending the ruling by the Commissioner of Insurance or his designee on an appeal, no further work may takeplace in violation of a stop order. In the event of dissatisfaction with the decision, the person affected shall have theoptions of:

1. Appealing to the Building Code Council, or

2. Appealing to the Superior Court as provided InG.S.143-141.

Violation of a stop order constitutes a Class 1 misdemeanor.

§ 153A-362. Revocation of permits.

The appropriate inspector may revoke and require the return ofany permit by giving written notice to the permit holder, statingthe reason for the revocation. Permits shall be revoked for anysubstantial departure from the approved application or plansand specifications, for refusal or failure to comply with therequirements of any applicable State or local laws or local ordinances or regulations, or for false statements or misrepresentations made in securing the permit. A permit mistakenly issuedin violation of an applicable State or local law or local ordinance or regulation also may be revoked.

§ 153A-363. Certificates of compliance.

At the conclusion of all work done under a permit, the appropriate inspector shall make a final inspection. If he finds thatthe completed work complies with all applicable State andlocal laws and local ordinances and regulations and with theterms of the permit, he shall issue a certificate of compliance. No new building or part thereof may be occupied, noaddition or enlargement of an existing building may be occupied, and no existing building that has been altered orremoved may be occupied until the inspection departmenthas issued a certificate of compliance. A temporary certificate of compliance may be issued permitting occupancy fora stated period of specified portions of the building that theinspector finds may safely be occupied before completion ofthe entire building. Violation of this section constitutes aClass 1 misdemeanor.

§ 153A-364. Periodic inspections for hazardous or unlawful conditions.

The inspection department shall make periodic inspections,subject to the board of commissioners' directions, for unsafe,unsanitary, or otherwise hazardous and unlawful conditionsin buildings within its territorial jurisdiction. In addition, itshall make any necessary inspections when it has reason tobelieve that such conditions may exist in a particular building.In exercising these powers, each member of the inspectiondepartment has a right, upon presentation of proper creden-

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tials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposesof inspection or other enforcement action.

§ 153A-365. Defects in buildings to be corrected.

If a local inspector finds any defect in a building, or finds thatthe building has not been constructed in accordance with theapplicable State and local laws and local ordinances and regulations, or finds that a building because of its condition is dangerous or contains fire-hazardous conditions, he shall notifythe owner or occupant of the building of its defects, hazardousconditions, or failure to comply with law. The owner and theoccupant shall each immediately remedy the defects, hazardous conditions, or violations of law in the property each owns.

§ 153A-366. Unsafe buildings condemned.

The inspector shall condemn as unsafe each building thatappears to him to be especially dangerous to life because of itsliability to fire, bad conditions of walls, overloaded floors,defective construction, decay, unsafe wiring or heating system,inadequate means ofegress, or other causes; and he shall affix anotice of the dangerous character of the building to a conspicuous place on its exterior wall.

§ 153A-367. Removing notice from condemned building.

If a person removes a notice that has been affixed to a buildingby a local inspector and that states the dangerous character ofthe building, he is guilty of a Class 1 misdemeanor.

§ 153A-368. Action in event of failure to take correctiveaction.

If the owner of a building that has been condemned as unsafepursuant to G.S. 153A-366 fails to take prompt correctiveaction, the local inspector shall by certified or registered mail tohis last known address or by personal service give him writtennotice:

1. That the building is in a condition that appears to constitute a fire or safety hazard or to be dangerous to life,health, or other property;

2. That a hearing will be held before the inspector at a designated place and time, not later than 10 days after thedate of the notice, at which time the owner is entitled tobe heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

3. That following the hearing, the inspector may issue anyorder to repair, close, vacate, or demolish the buildingthat appears appropriate.

If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properlyand adequately served if a copy thereof is posted on the outsideof the building in question at least 10 days before the day of thehearing and a notice of the hearing is published at least once notlater than one week before the hearing.

§ 153A-369. Order to take corrective action.

If, upon a hearing held pursuant to G.S. 153A-368, the inspector finds that the building is in a condition that constitutes a fireor safety hazard or renders it dangerous to life, health, or otherproperty, he shall issue a written order, directed to the owner ofthe building, requiring the owner to remedy the defective con-

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ditions by repairing, closing, vacating, or demolishing thebuilding or taking other necessary steps, within such period,not less than 60 days, as the inspector may prescribe; provided,that where the inspector finds that there is imminent danger tolife or other property, he may order that corrective action betaken in such lesser period as may be feasible.

§ 153A-370. Appeal; finality of order not appealed.

An owner who has received an order under G.S. 153A-369 mayappeal from the order to the board of commissioners by givingwritten notice of appeal to the inspector and to the clerk within10 days following the day the order is issued. In the absence ofan appeal, the order of the inspector is final. The board of commissioners shall hear any appeal within a reasonable time andmay affirm, modify and affirm, or revoke the order.

§ 153A-371. Failure to comply with order.

If the owner of a building fails to comply with an order issuedpursuant to G.S. 153A-369 from which no appeal has beentaken, or fails to comply with an order of the board of commissioners following an appeal, he is guilty of a Class 1 misdemeanor.

§ 153A-372. Equitable enforcement.

Whenever a violation is denominated a misdemeanor under theprovisions of this Part, the county, either in addition to or in lieuof other remedies, may initiate any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or toprevent the occupancy of the building involved.

§ 153A-373. Records and reports.

The inspection department shall keep complete, and accuraterecords in convenient form of each application received, eachpermit issued, each inspection and reinspection made, and eachdefect found, each certificate of compliance granted, and allother work and activities of the department. These records shallbe kept in the manner and for the periods prescribed by theNorth Carolina Department of Cultural Resources. The department shall submit periodic reports to the board of commissioners and to the Commissioner of Insurance as the board or theCommissioner may require.

§ 153A-374. Appeals.

Unless otherwise provided by law, any appeal from an order,decision, or determination of a member of a local inspectiondepartment pertaining to the State Building Code or any otherState building law shall be taken to the Commissioner of Insurance or his designee or other official specified in G.S. 143-139,by filing a written notice with him and with the inspectiondepartment within 10 days after the day of the order, decision,or determination. Further appeals may be taken to the StateBuilding Code Councilor to the courts as provided by law.

§ 153A-375. Establishment of fire limits.

A county may by ordinance establish and define fire limits inany area within the county and not within a city. The limits mayinclude only business and industrial areas. Within any fire limits, no frame or wooden building or addition thereto may beerected, altered, repaired, or moved (either into the fire limits orfrom one place to another within the limits) except upon thepermit of the inspection department and approval of the Commissioner of Insurance. The board of commissioners may


make additional regulations necessary for the prevention,extinguishment, or mitigation of fires within the fire limits.

Cities

§ 160A-167. Defense of employees and officers; payment ofjudgments.

(a) Upon request made by or in behalfof any member or former member of the governing body of any authority, orany city, county, or authority employee or officer, or former employee or officer, any soil and water conservation supervisor or any local soil and water conservationemployee, whether the employee is a district or countyemployee, or any member of a volunteer fire departmentor rescue squad which receives public funds, any city,authority, county, soil and water conservation district, orcounty alcoholic beverage control board may providefor the defense ofany civil or criminal action or proceeding brought against him either in his official or in hisindividual capacity, or both, on account of any act doneor omission made, or any act allegedly done or omissionallegedly made, in the scope and course of his employment or duty as an employee or officer of the city,authority, county or county alcoholic beverage controlboard. The defense may be provided by the city, authority' county or county alcoholic beverage control boardby its own counsel, or by employing other counsel, or bypurchasing insurance which requires that the insurerprovide the defense. Providing for a defense pursuant tothis section is hereby declared to be for a public purpose,and the expenditure of funds therefor is hereby declaredto be a necessary expense. Nothing in this section shallbe deemed to require any city, authority, county orcounty alcoholic beverage control board to provide forthe defense of any action or proceeding of any nature.

(b) Any city councilor board of county commissioners mayappropriate funds for the purpose of paying all or part ofa claim made or any civil judgment entered against anyof its members or former members of the governingbody of any authority, or any city, county, or authorityemployees or officers, or former employees or officers,or any soil and water conservation supervisor or anylocal soil and water conservation employee, whether theemployee is a district or county employee, when suchclaim is made or such judgment is rendered as damageson account of any act done or omission made, or any actallegedly done or omission allegedly made, in the scopeand course of his employment or duty as a member orformer member of the governing body of any authority,or any city, county, district, or authority employee orofficer of the city, authority, district, or county; provided, however, that nothing in this section shall authorize any city, authority, district, or county to appropriatefunds for the purpose of paying any claim made or civiljudgment entered against any of its members or formermembers of the governing body of any authority, or anycity, county, district, or authority employees or officersor former employees or officers if the city councilor



board ofcounty commissioners finds that such membersor former members of the governing body of any authority' or any city, county, or authority employee or officeracted or failed to act because of actual fraud, corruptionor actual malice on his part. Any city, authority, orcounty may purchase insurance coverage for payment ofclaims or judgments pursuant to this section. Nothing inthis section shall be deemed to require any city, authority, or county to pay any claim or judgment referred toherein, and the purchase of insurance coverage for payment of any such claim or judgment shall not be deemedan assumption of any liability not covered by such insurance contract, and shall not be deemed an assumption ofliability for payment of any claim or judgment in excessof the limits of coverage in such insurance contract.

(c) Subsection (b) shall not authorize any city, authority, orcounty to pay all or part of a claim made or civil judgment entered unless (1) notice of the claim or litigation isgiven to the city council, authority governing board, orboard of county commissioners as the case may be priorto the time that the claim is settled or civil judgment isentered, and (2) the city council, authority governingboard, or board of county commissioners as the casemay be shall have adopted, and made available for public inspection, uniform standards under which claimsmade or civil judgments entered against members or former members of the governing body of any authority, orany city, county, or authority employees or officers, orformer employees or officers, shall be paid.

(d) For the purposes of this section, "authority" means anauthority organized under Article 1of Chapter 162A ofthe General Statutes, the North Carolina Water andSewer Authorities Act. "District" means a soil andwater conservation district organized under Chapter139 of the General Statutes.

§ 160A-194. Regulating and licensing businesses, trades,etc.

A city may by ordinance, subject to the general law of the State,regulate and license occupations, businesses, trades, professions, and forms of amusement or entertainment and prohibitthose that may be inimical to the public health, welfare, safety,order, or convenience. In licensing trades, occupations, andprofessions, the city may, consistent with the general law of theState, require applicants for licenses to be examined and chargea reasonable fee therefor. Nothing in this section shall impairthe city's power to levy privilege license taxes on occupations,businesses, trades, professions, and other activities pursuant toG.S. 160A-211.

Nothing in this section shall authorize a city to examine orlicense a person holding a license issued by an occupationallicensing board of this State as to the profession or trade that hehas been licensed to practice or pursue by the State.

§ 160A-411. Inspection department.

Every city in the State is hereby authorized to create aninspection department, and may appoint one or more inspectors who may be given the titles of building inspector, electrical inspector, plumbing inspector, housing inspector, zoninginspector, heating and air-conditioning inspector, fire preven-

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tion inspector, or deputy or assistant inspector, or such othertitles as may be generally descriptive of the duties assigned.The department may be headed by a superintendent or director of inspections. Every city shall perform the duties andresponsibilities set forth in G.S. 160A-412 either by: (i) creating its own inspection department; (ii) creating a joint inspection department in cooperation with one or more other units oflocal government, pursuant to G.S. 160A-413 or Part 1 ofArticle 20 of this Chapter; (iii) contracting with another unitof local government for the provision of inspection servicespursuant to Part 1 of Article 20 of this Chapter; or (iv) arranging for the county in which it is located to perform inspectionservices within the city's jurisdiction as authorized by G.S.160A-413 and G.S. 160A-360. Such action shall be taken nolater than the applicable date in the schedule below, accordingto the city's population as published in the 1970 United StatesCensus:

Cities over 75,000 population - July 1, 1979

Cities between 50,001 and 75,000 - July 1, 1981

Cities between 25,001 and 50,000 - July 1, 1983

Cities 25,000 and under - July 1, 1985

In the event that any city shall fail to provide inspection services by the date specified above or shall cease to providesuch services at any time thereafter, the Commissioner ofInsurance shall arrange for the provision of such services,either through personnel employed by his department orthrough an arrangement with other units of government. Ineither event, the Commissioner shall have and may exercisewithin the city's jurisdiction all powers made available to thecity council with respect to building inspection under Part 5 ofArticle 19, and Part 1 of Article 20 of this Chapter. Wheneverthe Commissioner has intervened in this manner, the city mayassume provision of inspection services only after giving theCommissioner 2 years' written notice of its intention to do so;provided, however, that the Commissioner may waive thisrequirement or permit assumption at an earlier date if he findsthat such earlier assumption will not unduly interfere witharrangements he has made for the provision of those services.

§ 160A-411.1. Qualifications of inspectors.

On and after the applicable date set forth in the schedule inG.S. 160A-411, no city shall employ an inspector to enforcethe State Building Code as a member of a city or joint inspection department who does not have one of the following typesof certificates issued by the North Carolina Code OfficialsQualification Board attesting to his qualifications to holdsuch position: (i) a probationary certificate, valid for 1 yearonly; (ii) a standard certificate; or (iii) a limited certificatewhich shall be valid only as an authorization for him to continue in the position held on the date specified in G.S.143-151.13(c) and which shall become invalid if he does notsuccessfully complete in-service training specified by theQualification Board within the period specified in G.S.143-151.13(c). An inspector holding one of the above certificates can be promoted to a position requiring a higher levelcertificate only upon issuance by the Board of a standard certificate or probationary certificate appropriate for such newposition.

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§ 160A-412. Duties and responsibilities.

The duties and responsibilities of an inspection department andof the inspectors therein shall be to enforce within their territorial jurisdiction State and local laws relating to:

1. The construction of buildings and other structures;

2. The installation of such facilities as plumbing systems,electrical systems, heating systems, refrigeration systems, and air-conditioning systems;

3. The maintenance of buildings and other structures in asafe, sanitary, and healthful condition;

4. Other matters that may be specified by the city council.

These duties shall include the receipt of applications for permits and the issuance or denial of permits, the making of anynecessary inspections, the issuance or denial of certificates ofcompliance, the issuance of orders to correct violations, thebringing of judicial actions against actual or threatened violations, the keeping of adequate records, and any other actions thatmay be required in order adequately to enforce those laws. Thecity council shall have the authority to enact reasonable andappropriate provisions governing the enforcement of those laws.

§ 160A-413. Joint inspection department; other arrangements.

A city council may enter into and carry out contracts withanother city, county, or combination thereof under which theparties agree to create and support a joint inspection department for the enforcement of State and local laws specified inthe agreement. The governing boards of the contracting partiesare authorized to make any necessary appropriations for thispurpose.

In lieu of a joint inspection department, a city council maydesignate an inspector from any other city or county to serve asa member of its inspection department with the approval of thegoverning body of the other city or county. A city may also contract with an individual who is not a city or county employeebut who holds one of the applicable certificates as provided inG.S. 160A-411.1 or G.S. 153A-351.1 or with the employer ofan individual who holds one of the applicable certificates asprovided in G.S. 160A-411.1 or G.S. 153A-351.1. The inspector, if designated from another city or county under this section,shall, while exercising the duties of the position, be considereda municipal employee. The city shall have the same potentialliability, if any, for inspections conducted by an individual whois not an employee of the city as it does for an individual who isan employee of the city. The company or individual with whomthe city contracts shall have errors and omissions and otherinsurance coverage acceptable to the city.

The city council of any city may request the board of countycommissioners of the county in which the city is located todirect one or more county building inspectors to exercise theirpowers within part or all of the city's jurisdiction, and they shallthereupon be empowered to do so until the city council officially withdraws its request in the manner provided in G.S.160A-360(g).

§ 160A-414. Financial support.

The city council may appropriate for the support of the inspection department any funds that it deems necessary. It may pro-


vide for paying inspectors fixed salaries or it may reimbursethem for their services by paying over part or all of any fees collected. It shall have power to fix reasonable fees for issuance ofpermits, inspections, and other services of the inspectiondepartment.

§ 160A-415. Conflicts of interest.

No member of an inspection department shall be financiallyinterested or employed by a business that is financially interested in the furnishing of labor, material, or appliances for theconstruction, alteration, or maintenance of any building withinthe city's jurisdiction or any part or system thereof, or in themaking of plans or specifications therefor, unless he is theowner of the building. No member of an inspection departmentor other individual or an employee of a company contractingwith a city to conduct inspections shall engage in any work thatis inconsistent with his or her duties or with the interest of thecity, as determined by the city. The city must find a conflict ofinterest if any of the following is the case:

1. If the individual, company, or employee of a companycontracting to perform inspections for the city hasworked for the owner, developer, contractor, or projectmanager of the project to be inspected within the last twoyears.

2. If the individual, company, or employee of a companycontracting to perform inspections for the city is closelyrelated to the owner, developer, contractor, or projectmanager of the project to be inspected.

3. If the individual, company, or employee of a companycontracting to perform inspections for the city has afinancial or business interest in the project to beinspected.

The provisions of this section do not apply to a firefighterwhose primary duties are fire suppression and rescue, but whoengages in some fire inspection activities as a secondaryresponsibility of the firefighter's employment as a firefighter,except no firefighter may inspect any work actually done, ormaterials or appliances supplied, by the firefighter or thefirefighter's business within the preceding six years.

§ 160A-416. Failure to perform duties.

If any member of an inspection department shall willfully failto perform the duties required of him by law, or willfully shallimproperly issue a permit, or shall give a certificate of compliance without first making the inspections required by law, orwillfully shall improperly give a certificate of compliance, heshall be guilty of a Class 1 misdemeanor.

§ 160A-417. Permits.

(a) No person shall commence or proceed with:

1. The construction, reconstruction, alteration,repair, movement to another site, removal, ordemolition of any building or structure,

2. The installation, extension, or general repair ofany plumbing system,

3. The installation, extension, alteration, or generalrepair of any heating or cooling equipment system' or



4. The installation, extension, alteration, or generalrepair of any electrical wiring, devices, appliances' or equipment,

without first securing from the inspection departmentwith jurisdiction over the site of the work any and allpermits required by the State Building Code and anyother State or local laws applicable to the work. A permit shall be in writing and shall contain a provision thatthe work done shall comply with the State BuildingCode and all other applicable State and local laws.Nothing in this section shall require a city to review andapprove residential building plans submitted to the citypursuant to Section R-110 of Volume VII of the NorthCarolina State Building Code; provided that the citymay review and approve such residential buildingplans as it deems necessary. No permits shall be issuedunless the plans and specifications are identified by thename and address of the author thereof, and if the General Statutes of North Carolina require that plans forcertain types of work be prepared only by a registeredarchitect or registered engineer, no permit shall beissued unless the plans and specifications bear theNorth Carolina seal of a registered architect or of a registered engineer. When any provision of the GeneralStatutes of North Carolina or of any ordinance requiresthat work be done by a licensed specialty contractor ofany kind, no permit for the work shall be issued unlessthe work is to be performed by such a duly licensedcontractor. No permit issued under Articles 9 or 9C ofChapter 143 shall be required for any construction,installation, repair, replacement, or alteration costingfive thousand dollars ($5,000) or less in any single family residence or farm building unless the work involves:the addition, repair or replacement of load bearingstructures; the addition (excluding replacement ofsame size and capacity) or change in the design ofplumbing; the addition, replacement or change in thedesign of heating, air-conditioning, or electrical wiring' devices, appliances, or equipment; the use of materials not permitted by the North Carolina UniformResidential Building Code; or the addition (excludingreplacement of like grade of fire resistance) of roofing.Violation of this section shall constitute a Class 1 misdemeanor.

(b) No permit shall be issued pursuant to subsection (a) forany land-disturbing activity, as defined in G.S.113A-52(6), for any activity covered by G.S. 113A-57,unless an erosion and sedimentation control plan hasbeen approved by the Sedimentation Pollution ControlCommission pursuant to G.S. 113A-54(d)(4) or by alocal government pursuant to G.S. 113A-61 for the siteof the activity or a tract of land including the site of theactivity.

§ 160A-418. Time limitations on validity of permits.

A permit issued pursuant to G.S. 160A-417 shall expire by limitation six months, or any lesser time fixed by ordinance of thecity council, after the date of issuance if the work authorized bythe permit has not been commenced. If after commencementthe work is discontinued for a period of 12 months, the permit

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therefor shall immediately expire. No work authorized by anypermit that has expired shall thereafter be performed until anew permit has been secured.

§ 160A-419. Changes in work.

After a permit has been issued, no changes or deviations fromthe terms of the application, plans and specifications, or thepermit, except where changes or deviations are clearly permissible under the State Building Code, shall be made until specific written approval of proposed changes or deviations hasbeen obtained from the inspection department.

§ 160A-420. Inspections of work in progress.

As the work pursuant to a permit progresses, local inspectorsshall make as many inspections thereof as may be necessary tosatisfy them that the work is being done according to the provisions of any applicable State and local laws and of the terms ofthe permit. In exercising this power, members of the inspectiondepartment shall have a right to enter on any premises withinthe jurisdiction of the department at all reasonable hours for thepurposes of inspection or other enforcement action, upon presentation of proper credentials.

§ 160A-421. Stop orders.

(a) Whenever any building or structure or part thereof isbeing demolished, constructed, reconstructed, altered,or repaired in a hazardous manner, or in substantial violation of any State or local building law, or in a mannerthat endangers life or property, the appropriate inspector may order the specific part of the work that is in violation or presents such a hazard to be immediatelystopped. The stop order shall be in writing, directed tothe person doing the work, and shall state the specificwork to be stopped, the specific reasons therefor, andthe conditions under which the work may be resumed.

(b) The owner or builder may appeal from a stop orderinvolving alleged violation of the State Building Codeor any approved local modification thereof to the NorthCarolina Commissioner of Insurance or his designeewithin a period of five days after the order is issued.Notice of appeal shall be given in writing to the Commissioner of Insurance or his designee, with a copy tothe local inspector. The Commissioner of Insurance orhis designee shall promptly conduct an investigationand the appellant and the inspector shall be permitted tosubmit relevant evidence. The Commissioner of Insurance or his designee shall as expeditiously as possibleprovide a written statement of the decision setting forththe facts found, the decision reached, and the reasonsfor the decision. Pending the ruling by the Commissioner of Insurance or his designee on an appeal no further work shall take place in violation of a stop order. Inthe event of dissatisfaction with the decision, the person affected shall have the options of:

1. Appealing to the Building Code Council, or

2. Appealing to the Superior Court as provided inG.S. 143-141.

(c) The owner or builder may appeal from a stop orderinvolving alleged violation of a local zoning ordinanceby giving notice of appeal in writing to the board of

76

adjustment. The appeal shall be heard and decidedwithin the period established by the ordinance, or ifnone is specified, within a reasonable time. No furtherwork shall take place in violation of a stop order pending a ruling.

(d) Violation of a stop order shall constitute a Class 1 misdemeanor.

§ 160A-422. Revocation of permits.

The appropriate inspector may revoke and require the return ofany permit by notifying the permit holder in writing stating thereason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, orspecifications; for refusal or failure to comply with the requirements of any applicable State or local laws; or for false statements or misrepresentations made in securing the permit. Anypermit mistakenly issued in violation of an applicable State orlocal law may also be revoked.

§ 160A-423. Certificates of compliance.

At the conclusion ofall work done under a permit, the appropriate inspector shall make a final inspection, and if he finds thatthe completed work complies with all applicable State andlocal laws and with the terms of the permit, he shall issue a certificate of compliance. No new building or part thereof may beoccupied, and no addition or enlargement of an existing building may be occupied, and no existing building that has beenaltered or moved may be occupied, until the inspection department has issued a certificate ofcompliance. A temporary certificate of compliance may be issued permitting occupancy for astated period of specified portions of the building that theinspector finds may safely be occupied prior to final completion of the entire building. Violation of this section shall constitute a Class 1 misdemeanor.

§ 160A-424. Periodic inspections.

The inspection department shall make periodic inspections,subject to the council's directions, for unsafe, unsanitary, orotherwise hazardous and unlawful conditions in structureswithin its territorial jurisdiction. In addition, it shall makeinspections when it has reason to believe that such conditionsmay exist in a particular structure. In exercising this power,members of the department shall have a right to enter on anypremises within the jurisdiction of the department at all reasonable hours for the purposes of inspection or other enforcementaction, upon presentation of proper credentials.

§ 160A-425. Defects in buildings to be corrected.

When a local inspector finds any defects in a building, or findsthat the building has not been constructed in accordance withthe applicable State and local laws, or that a building because ofits condition is dangerous or contains fire hazardous conditions' it shall be his duty to notify the owner or occupant of thebuilding of its defects, hazardous conditions, or failure to comply with law. The owner or occupant shall each immediatelyremedy the defects, hazardous conditions, or violations of lawin the property he owns.


§ 160A-425.1. Unsafe buildings condemned in certain localities.

(a) Residential Building and Nonresidential Building orStructure. Every building that shall appear to theinspector to be especially dangerous to life because ofits liability to fire or because of bad condition of walls,overloaded floors, defective construction, decay,unsafe wiring or heating system, inadequate means ofegress, or other causes, shall be held to be unsafe, andthe inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building.

(b) Residential Building and Nonresidential Building orStructure. In addition to the authority granted in subsection (a) of this section, an inspector may declare aresidential building or nonresidential building orstructure within a community development target areato be unsafe if it meets both of the following conditions:

1. It appears to the inspector to be vacant or abandoned.

2. It appears to the inspector to be in such dilapidated condition as to cause or contribute toblight, disease, vagrancy, fire or safety hazard, tobe a danger to children, or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

(c) If an inspector declares a residential building or nonresidential building or structure to be unsafe under subsection (b) of this section, the inspector must affix a noticeof the unsafe character of the structure to a conspicuousplace on the exterior wall of the building. For the purposes of this section, the term "community development target area" means an area that has characteristicsof an urban progress zone under G.S. 143B-437.09, a"nonresidential redevelopment area" under G.S.160A-503(10), or an area with similar characteristicsdesignated by the city council as being in special needof revitalization for the benefit and welfare of its citizens.

(d) This section applies to the Cities of Clinton, Durham,Fayetteville, Goldsboro, High Point, Lumberton, andWhiteville and the Towns of Garner, Franklin, HopeMills, Louisburg and Spring Lake only.

§ 160A-426. Unsafe buildings condemned in certain localities.

(a) Residential Building and Nonresidential Building orStructure. Every building that shall appear to theinspector to be especially dangerous to life because ofits liability to fire or because of bad condition of walls,overloaded floors, defective construction, decay,unsafe wiring or heating system, inadequate means ofegress, or other causes, shall be held to be unsafe, andthe inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building.



(b) Nonresidential Building or Structure. In addition tothe authority granted in subsection (a) of this section,an inspector may declare a nonresidential building orstructure within a community development target areato be unsafe if it meets both of the following conditions:

1. It appears to the inspector to be vacant or abandoned.

2. It appears to the inspector to be in such dilapidated condition as to cause or contribute toblight, disease, vagrancy, fire or safety hazard, tobe a danger to children, or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

(c) If an inspector declares a nonresidential building orstructure to be unsafe under subsection (b) of this section, the inspector must affix a notice of the unsafecharacter of the structure to a conspicuous place on theexterior wall of the building. For the purposes of thissection, the term "community development targetarea" means an area that has characteristics of a development zone under G.S. 143B-437.09, a "nonresidential redevelopment area" under G.S. 160A-503(10), oran area with similar characteristics designated by thecity council as being in special need of revitalizationfor the benefit and welfare of its citizens.

§ 160A-427. Removing notice from condemned building.

If any person shall remove any notice that has been affixed toany building or structure by a local inspector of any municipality and that states the dangerous character of the building orstructure, he shall be guilty of a Class 1 misdemeanor.

§ 160A-428. Action in event of failure to take correctiveaction.

If the owner of a building or structure that has been condemnedas unsafe pursuant to G.S. 160A-425.1 or G.S. 160A-426 shallfail to take prompt corrective action, the local inspector shallgive him written notice, by certified or registered mail to hislast known address or by personal service,

1. That the building or structure is in a condition thatappears to meet one or more of the following conditions:

a. Constitutes a fire or safety hazard.

b. Is dangerous to life, health, or other property.

c. Is likely to cause or contribute to blight, disease,vagrancy, or danger to children.

d. Has a tendency to attract persons intent on criminalactivities or other activities which would constitute a public nuisance.

2. That a hearing will be held before the inspector at adesignated place and time, not later than 10 days afterthe date of the notice, at which time the owner shall beentitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter;and

77


3. That following the hearing, the inspector may issue suchorder to repair, close, vacate, or demolish the building orstructure as appears appropriate.

If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properlyand adequately served if a copy thereof is posted on the outsideof the building or structure in question at least 10 days prior tothe hearing and a notice of the hearing is published in a newspaper having general circulation in the city at least once not laterthan one week prior to the hearing.

§ 160A-429. Order to take corrective action.

If, upon a hearing held pursuant to the notice prescribed inG.S. l60A-428, the inspector shall find that the building orstructure is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health, or other property, heshall make an order in writing, directed to the owner of suchbuilding or structure, requiring the owner to remedy thedefective conditions by repairing, closing, vacating, ordemolishing the building or structure or taking other necessary steps, within such period, not less than 60 days, as theinspector may prescribe; provided, that where the inspectorfinds that there is imminent danger to life or other property, hemay order that corrective action be taken in such lesser periodas may be feasible.

§ 160A-430. Appeal; finality of order if not appealed.

Any owner who has received an order under G.S. l60A-429may appeal from the order to the city council by giving noticeof appeal in writing to the inspector and to the city clerk within10 days following issuance of the order. In the absence of anappeal, the order of the inspector shall be final. The city councilshall hear and render a decision in an appeal within a reasonable time. The city council may affirm, modify and affirm, orrevoke the order.

§ 160A-431. Failure to comply with order.

If the owner of a building or structure fails to comply with anorder issued pursuant to G.S. l60A-429 from which no appealhas been taken, or fails to comply with an order of the citycouncil following an appeal, he shall be guilty of a Class 1 misdemeanor.

§ 160A-432. Enforcement.

(a) Action Authorized. Whenever any violation is denominated a misdemeanor under the provisions of this Part,the city, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceedingsto prevent, restrain, correct, or abate the violation or toprevent the occupancy of the building or structureinvolved.

(al) Removal of Building: Certain Localities. In the case ofa residential building or nonresidential building orstructure declared unsafe under G.S. l60A-425.l, acity may, in lieu of taking action under subsection (a),cause the building or structure to be removed or demolished. The amounts incurred by the city in connectionwith the removal or demolition shall be a lien againstthe real property upon which the cost was incurred. Thelien shall be filed, have the same priority, and be collected in the same manner as liens for special assess-

78

ments provided in Article 10 of this Chapter. If thebuilding or structure is removed or demolished by thecity, the city shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The cityshall credit the proceeds of the sale against the cost ofthe removal or demolition. Any balance remainingfrom the sale shall be deposited with the clerk of superior court of the county where the property is locatedand shall be disbursed by the court to the person foundto be entitled thereto by final order or decree of thecourt.

This subsection applies to the cities ofClinton, Durham, Fayetteville, Goldsboro, HighPoint, and Lumberton, and the Towns of Garner,Franklin, Hope Mills and Spring Lake.

(b) Removal of Building: Other Localities. In the case of anonresidential building or structure declared unsafeunder G.S. l60A-426, a city may, in lieu of takingaction under subsection (a), cause the building or structure to be removed or demolished. The amountsincurred by the city in connection with the removal ordemolition shall be a lien against the real property uponwhich the cost was incurred. The lien shall be filed,have the same priority, and be collected in the samemanner as liens for special assessments provided inArticle 10 of this Chapter. If the building or structure isremoved or demolished by the city, the city shall sellthe usable materials of the building and any personalproperty, fixtures, or appurtenances found in orattached to the building. The city shall credit the proceeds of the sale against the cost of the removal ordemolition. Any balance remaining from the sale shallbe deposited with the clerk of superior court of thecounty where the property is located and shall be disbursed by the court to the person found to be entitledthereto by final order or decree of the court.

(b1) Additional Lien. The amounts incurred by the city inconnection with the removal or demolition shall also bea lien against any other real property owned by theowner of the building or structure and located withinthe city limits or within 1 mile of the city limits, exceptfor the owner's primary residence. The provisions ofsubsection (b) of this section apply to this additionallien, except that this additional lien is inferior to allprior liens and shall be collected as a money judgment.

(c) Nonexclusive Remedy. Nothing in this section shall beconstrued to impair or limit the power of the city todefine and declare nuisances and to cause their removalor abatement by summary proceedings, or otherwise.

§ 160A-433. Records and reports.

The inspection department shall keep complete and accuraterecords in convenient form of all applications received, permitsissued, inspections and reinspections made, defects found, certificates of compliance granted, and all other work and activities of the department. These records shall be kept in themanner and for the periods prescribed by the North CarolinaDepartment of Cultural Resources. Periodic reports shall be


submitted to the city council and to the Commissioner of Insurance as they shall by ordinance, rule, or regulation require.

§ 160A-434. Appeals in general.

Unless otherwise provided by law, appeals from any order,decision, or determination by a member of a local inspectiondepartment pertaining to the State Building Code or other Statebuilding laws shall be taken to the Commissioner of Insuranceor his designee or other official specified in G.S. 143-139, byfiling a written notice with him and with the inspection department within a period of 10 days after the order, decision, ordetermination. Further appeals may be taken to the State Building Code Councilor to the courts as provided by law.

§ 160A-435. Establishment of fire limits.

The city council of every incorporated city shall pass one ormore ordinances establishing and defining fire limits, whichshall include the principal business portions of the city andwhich shall be known as primary fire limits. In addition, thecouncil may, in its dicretion, establish and define one or moreseparate areas within the city as secondary fire limits.

§ 160A-436. Restrictions within primary fire limits.

Within the primary fire limits of any city, as established anddefined by ordinance, no frame or wooden building or structureor addition thereto shall hereafter be erected, altered, repaired,or moved (either into the limits or from one place to anotherwithin the limits), except upon the permit of the local inspection department approved by the city council and by the Commissioner of Insurance or his designee. The city council maymake additional regulations for the prevention, extinguishment, or mitigation of fires within the primary fire limits.

§ 160A-437. Restriction within secondary fire limits.

Within any secondary fire limits of any city or town, as established and defined by ordinance, no frame or wooden buildingor structure or addition thereto shall be erected, altered,repaired, or moved except in accordance with any rules andregulations established by ordinance of the areas.

§ 160A-438. Failure to establish primary fire limits.

If the council of any city shall fail or refuse to establish anddefine the primary fire limits of the city as required by law, afterhaving such failure or refusal called to their attention in writingby the State Commissioner of Insurance, the Commissionershall have the power to establish the limits upon making adetermination that they are necessary and in the public interest.



79

APPENDIX A

PERMIT APPLICATION INFORMATION SHEET

The following information is required on all permit applications. Additional information may be included to ensure that all state andlocal laws are complied with. This information may be arranged in any order and the following outline is only the minimum information required.

City/County Name _

Inspection Department _

Permit Application _

Date _

Electrical Cost _

Block # Lot # _

Applicant Name _

Project Address _

Total Project Cost _

Subdivision _

Phone # ( __ ) __ - E-Mail _

Phone # ( __ ) __ - E-Mail _

Developer _

Property Owner _

Address _ City _ State ZIP _

Phone # ( __ ) __ - E-Mail _Project Contact _

Address _ City _ State ZIP _

- New _ Existing _Addition - N/A

- IA _IB _IIA _lIB _IlIA - IIIB _IV _VA _VB

_A-1 - A-2 - A-3 _A-4 _A-5 _B - E - F-1 - F-2

_H-1 _H-2 _H-3 - H-4 - H-5 _1-1 _1-2 - 1-3 - 1-4

_M _R-1 - R-2 - R-3 - R-4 - S-l - S-2 _U

_New _Existing - Addition _N/A

_Single Family _Two Family _Townhouse

_Apartment - Condominium

Equipment:

Property Use:

Description of Proposed Work _

Type of Building:

Type of Construction:

Occupancy:

Building Area:

Building Height:

_Other (Library, Office, Etc.)

Total Area (sf) _

Feet _

Area per floor (sf) _

# of Stories _

State Agency Approvals:

NC Department of Insurance

Plan Approval_

Specifications _

NC Department of Labor

Elevators

- Yes _No _N/A

# of Sheets Date - - / -

# of Sheets Date - / -

- Yes - No _N/A

Date - - - Boilers Date - - -

Utilities Approvals:

Water:

Sewer:

_Public _Private _Private Health Dept. Permit # _

_Public _Private _Private Health Dept. Permit # _


APPENDIX A

Place X and complete additional information for each permit type needed.

General Construction PermitContractor Narne Phone # ( __ ) __ - ___ E-MailAddress City State ZIPLicense # ClassificationDesign Professional Phone # ( __ ) __ - ___ E-Mail

--Architect __Engineer NCReg. #

--Owner --OtherAddress City State ZIP

- Electrical PermitContractor Narne Phone # ( __ ) __ - ___ E-MailAddress City State ZIPLicense # ClassificationDesign Professional Phone # ( __ ) __ - ___ E-Mail



- Mechanical PermitContractor Narne Phone # ( __ ) __ - ___ E-MailAddress City State ZIPLicense # ClassificationDesign Professional Phone # ( __ ) __ - ___ E-Mail



_Plumbing PermitContractor Narne Phone # ( __ ) __ - ___ E-MailAddress City State ZIPLicense # ClassificationDesign Professional Phone # ( __ ) __ - ___ E-Mail



_Sprinkler Protection PermitContractor Narne Phone # ( __ ) __ - ___ E-MailAddress City State ZIPLicense # ClassificationDesign Professional Phone # ( __ ) __ - ___ E-Mail



_Fire Alarm System PermitContractor Narne Phone # ( __ ) __ - ___ E-MailAddress City State ZIPLicense # ClassificationDesign Professional Phone # ( __ ) __ - ___ E-Mail




APPENDIX A

Place X and complete additional information for each permit type needed.

__Wall Sign__Special Event Sign

__Awning Sign

ZIP _

ZIP _E-Mail _

E-Mail _

Address ___Ground Sign__OtherPhone # ( __ ) __ - _

City StatePhone # ( __ ) __ - _

City State

_Sign PermitLocation of Sign ___Off Premises Sign__Projection SignSign/Business Owner _Address _Contractor Name _Address _

_Size_Dish Antenna _Swimming Pool

_ Accessory Structures Permit_Accessory Building_Solid Fence

_____ Sq.ft._Other

I hereby certify that all information in this application is correct and all work will comply with the State Building Code and all otherapplicable State and local laws and ordinances and regulations. The Inspection Department will be notified of any changes in the approved plans and specifications for the project permitted herein.

Owner/Agent Signature _


APPENDIX B

BUILDING CODE SUMMARY FOR ALL COMMERCIAL PROJECTS(except one- and two-family dwellings and townhouses)

(Reproduce the following data on the building plans sheet 1 or 2)

E-Mail _

Zip Code _

o Stateo County _

Phone # ( __ ) __ - _

o Private 0 Stateo City/County

OCity _

Name of Project: _

Address: _

Proposed Use: _

Owner/Authorized Agent: _

Owned By:

Code Enforcement Jurisdiction:

E-MAILTELEPHONE #

(-)---

(-)---

(-)---

(-)---

(-)---

(-)---

(-)---

(-)---

(-)---

(-)----

LICENSE #NAME

Architectural

Civil

Electrical

Fire Alarm

Plumbing

Mechanical

Sprinkler-Standpipe

Structural

Retaining Walls >5' High

Other

LEADDE~GNPROFES~ONAL _

DESIGNER FIRM

2009 EDITION OF NC CODE FOR: 0 New Construction

EXISTING: 0 Reconstruction 0 Alteration

CONSTRUCTED ORIGINAL USE

o Addition

o Repair

RENOYATED

o Upfit

CURRENT USE

BUILDING DATA

ONFPA 13R

Construction Type:

Sprinklers:

Standpipes:

Fire District:

Building Height:

Mezzanine:

Gross Building Area:

Floor

o I-A

Ol-B

Mixed construction:

ONo o Partial

ONo DYes

ONo DYes

Feet

ONo DYes

Existing (sq ft)

o II-A o III-A

Oll-B o III-B

o No DYes Types

DYes o NFPA 13

Class 01 011 0111

Flood Hazard Area:

Number of Stories

New (sqft)

o Wet

ONo

Subtotal

DIY

o Dry

DYes

OY-A

OY-B

ONFPA 13D

6th Floor

5th Floor

4th Floor

3rd Floor

2nd Floor

Mezzanine

1st Floor

Basement

TOTAL


APPENDIX B

ALLOWABLE AREA

Residential

o H-5HPM

05

o R-4

04

o R-3

OA-3 OA-4 OA-5

o F-l Moderate 0 F-2 Low

o H-3 Combust 0 H-4 Health

03

o R-2

OA-2OA-l

Factory

o H-2 Deflagrate

o 1-3 0 1-4

01 02

o R-l

1-3 Condition

Assembly

o Educational

o H-1 Detonate

o 1-1 0 1-2

o Mercantile

Primary Occupancy:

o Business

Hazardous

Institutional

o 412o 411

o 423

o 410

o 422

o Repair Garage

o High-piled

o Open 0 Enclosed

o S-2Low

o Parking Garage

Storage 0 S-1 Moderate

o Utility and Miscellaneous

Secondary Occupancy: _

Special Uses: 0 402 0 403 0 404 0 405 0 406 0 407 0 408 0 409

o 413 0 414 0 415 0 416 0 417 0 418 0 419 0 420 0 421

Special Provisions: 0 509.2 0 509.3 0 509.4 0 509.5 0 509.6 0 509.7 0 509.8

Mixed Occupancy: 0 No 0 Yes Separation: __ HI. Exception: _

o Incidental Use Separation (508.2)

This separation is not exempt as a Non-Separated Use (see exceptions).

o Non-Separated Use (508.3.2)

The required type of construction for the building shall be determined by applying the height and area limitations for each of the applicableoccupancies to the entire building. The most restrictive type of construction, so determined, shall apply to the entire building.

o Separated Use (508.3.3) - See below for area calculations

For each story, the area of the occupancy shall be such that the sum of the ratios of the actual floor area of each use divided by the allowable floorarea for each use shall not exceed 1.

Actual Area of Occupancy A

Allowable Area of Occupancy A+

Actual Area of Occupancy B

Allowable Area of Occupancy B~1

+ + ~ 1.00

(A)(B)

(C) (D) (E) (F)

STORY NO.DESCRIPTION BLDG AREA

TABLE 5035 AREA FOR AREA FOR ALLOWABLE MAXIMUMAND USE PER STORY

AREAFRONTAGE SPRINKLER AREA OR BUILDING

(ACTUAL) INCREASE! INCREASE2 UNLIMITED3 AREA4

1. Frontage area increases from Section 506.2 are computed thus:a. Perimeter which fronts a public way or open space having 20 feet minimum width = (F)b. Total Building Perimeter = (P)

c. Ratio (FIP) = (FIP)d. W = Minimum width of public way (W)

e. Percent of frontage increase If = 100 [FIP - 0.25] x WI30 = (%)2. The sprinkler increase per Section 506.3 is as follows:

a. Multi-story building Is = 200 percentb. Single story building Is = 300 percent

3. Unlimited area applicable under conditions of Sections Group B, F, M, S, A-3, A-4 (507);Group A motion picture (507.10); Covered Mall Buildings (402.6); and H-2 aircraft paint hangers (507.8).

4. Maximum Building Area = total number of stories in the building x E (506.4).5. The maximum area ofopen parking garages must comply with Table 406.3.5. The maximum area of air traffic control towers must comply with Table 412.1.2.


ALLOWABLE HEIGHT

APPENDIX B

ALLOWABLE

IINCREASE FOR SHOWN CODE

(TABLE 503) SPRINKLERS ON PLANS REFERENCE

Type of Construction Type Type

Building Height in Feet Feet IFeet = H + 20' =

Building Height in Stories Stories IStories + 1 = Stories

FIRE PROTECTION REQUIREMENTS

Life Safety Plan Sheet #, if Provided _

RATINGFIRE

SEPARATION PROVIDED DESIGN # FOR DESIGN # FORDISTANCE (W/ ___* DETAIL # RATED RATED DESIGN # FOR

BUILDING ELEMENT (FEET) REQ'D REDUCTION) AND SHEET # ASSEMBLY PENETRATION RATED JOINTS

Structural FrameIncluding columns, girders, trusses

Bearing Walls

Exterior

North

East

West

South

Interior

Nonbearing walls and partitionsExterior walls

North

East

West

South

Interior walls and partitions

Floor ConstructionIncluding supporting beamsand joists

Roof ConstructionIncluding supporting beamsand joists

Shaft Enclosures - Exit

Shaft Enclosures - Other

Corridor Separation

Occupancy Separation

Party/Fire Wall Separation

Smoke Barrier Separation

Tenant Separation

Incidental Use Separation

* Indicate section number permitting reduction


APPENDIX B

LIFE SAFETY SYSTEM REQUIREMENTS

Emergency Lighting:

Exit Signs:

Fire Alarm:

Smoke Detection Systems:

Panic Hardware:

DNo

DNo

DNo

DNo

DNo

DYes

DYes

DYes

DYes

DYes

D Partial

EXIT REQUIREMENTSNumber and arrangement of exits

ARRANGEMENT MEANS OF EGRESS 1,3

MINIMUM2 NUMBER OF EXITS TRAVEL DISTANCE (SECTION 1015.2)

REQUIREDALLOWABLE ACTUAL TRAVEL DISTANCE ACTUAL

FLOOR, ROOM OR TRAVEL DISTANCE DISTANCE SHOWN BETWEEN EXIT DISTANCE SHOWNSPACE DESIGNATION REQUIRED SHOWN ON PLANS (TABLE 1015.1) ON PLANS DOORS ON PLANS

1. Corridor dead ends (Section 1017.3).2. Buildings with single exits (Table 1019.2), Spaces with one means of egress (Table 1015.1)3. Common Path of Travel (Section 1014.3).

EXIT WIDTH

(a) (b) (c) EXIT WIDTH (in)2,3,4,5,6

AREA1 pERREQUIRED WIDTH

CALCULATED EGRESS WIDTH PER (SECTION 1005.1) ACTUAL WIDTH SHOWN ONUSE GROUP OCCUPANT OCCUPANT OCCUPANT (TABLE 1005.1) (a+ b)xc PLANSOR SPACE (TABLE LOAD

DESCRIPTION AREA1 sq. ft. 1004.1.1) (a+b) STAIR LEVEL STAIR LEVEL STAIR LEVEL

For SI: 1 inch = 25.4 mm, 1 square foot = 0.929m2.

1. See Table 1004.1.1 to determine whether net or gross area is applicable.See definition "Area, Gross" and ''Area, Net" (Section 1002).

2. Minimum stairway width (Section 1009.1); min. corridor width (Section 1017.2); min. door width (Section 1008.1).3. Minimum width of exit passageway (Section 1021.2).4. See Section 1004.5 for converging exits.5. The loss of one means of egress shall not reduce the available capacity to less than 50 percent of the total required (Section 1005.1).6. Assembly occupancies (Section 1025).


APPENDIX B

STRUCTURAL DESIGN

DESIGN LOADS:

Importance Factors:

Live Loads:

Wind (Iw)

Snow (Is) _

Seismic (IE)

Roof psf

Mezzanine psf

Floor psf

Ground Snow Load: psf

Wind Load: Basic Wind Speed

Exposure Category

Wind Base Shears (for MWFRS)

mph (ASCE-7)

v =x --- v=y ---

SEISMIC DESIGN CATEGORY DA DB DC DD

Provide the following Seismic Design Parameters:

Seismic Use Group _

Spectral Response Acceleration

Site Classification

Basic structural system (check one)

Ss %g

D Field Test

Sl %g

D Presumptive D Historical Data

__ Bearing Wall

__ Building Frame

Moment Frame

Seismic base shear

Analysis Procedure

__ Dual w/Special Moment Frame

__ Dual w/Intermediate RIC or Special Steel

Inverted Pendulum

Vx = Vy _

__ Simplifies __ Equivalent Lateral Force __ Modal

Architectural, Mechanical, Components anchored? _

LATERAL DESIGN CONTROL:

SOIL BEARING CAPACITIES:

Earthquake Wind _

psf

__________ psf

Field Test (provide copy of test report) _

Presumptive Bearing capacity

Pile size, type, and capacity

PLUMBING FIXTURE REQUIREMENTS

WATERCLOSETS LAVATORIES DRINKING FOUNTAINSSHOWERSI

USE MALE FEMALE URINALS MALE FEMALE TUBS REGULAR ACCESSIBLE

EXISTING

SPACE NEW

REQUIRED

ACCESSIBILITY PARKING

TOTAL # OF PARKING SPACES # OF ACCESSIBLE SPACES PROVIDED

LOT OR PARKING REGULAR WITH 51 VAN SPACES WITH 81 TOTAL # ACCESSIBLEAREA REQUIRED PROVIDED ACCESS AISLE ACCESS AISLE PROVIDED

TOTAL


APPENDIX B

SPECIAL APPROVALS

Special approval: (Local Jurisdiction, Department of Insurance, OSC, DPI, DHHS, ICC, etc., describe below)

ENERGY SUMMARY

ENERGY REQUIREMENTS:

The following data shall be considered minimum and any special attribute required to meet the energy code shall also be provided.Each Designer shall furnish the required portions of the project information for the plan data sheet. If energy cost budget method,state the annual energy cost budget vs allowable annual energy cost budget.

THERMAL ENVELOPEMethod of Compliance:

o Prescriptive % Glazed Wall Areao Performance 0 Energy Cost Budget

Roof/ceiling Assembly (each assembly)Description of assemblyV-Value of total assemblyR-Value of insulationSkylights in each assembly

V-Value of skylighttotal square footage of skylights in each assembly

Exterior Walls (each assembly)Description of assemblyV-Value of total assemblyR-Value of insulationOpenings (windows or doors with glazing)

V-Value of assemblyshading coefficientprojection factorlowe required, if applicable

Door R-Values

Walls adjacent to unconditioned space (each assembly)Description of assemblyV-Value of total assemblyR-Value of insulationOpenings (windows or doors with glazing)

V-Value of assemblylowe required, if applicable

Door R-Values

Walls below grade (each assembly)Description of assemblyV-Value of total assemblyR-Value of insulation

Floors over unconditioned space (each assembly)Description of assemblyV-Value of total assemblyR-Value of insulation

Floors slab on gradeDescription of assemblyV-Value of total assemblyR-Value of insulationHorizontal/vertical requirementslab heated


ELECTRICAL SYSTEM AND EQUIPMENTMethod of Compliance:

o Prescriptive 0 Performance

ELECTRICAL SUMMARY

o Energy Cost Budget

APPENDIX B

Lighting schedulelamp type required in fixturenumber of lamps in fixtureballast type used in the fixturenumber of ballasts in fixturetotal wattage per fixturetotal interior wattage specified vs allowedtotal exterior wattage specified vs allowed

Equipment schedules with motors (not used for mechanical systems)motor horsepowernumber of phasesminimum efficiencymotor type# of poles

MECHANICAL SUMMARY

MECHANICAL SYSTEMS, SERVICE SYSTEMS AND EQUIPMENTMethod of Compliance

o Prescriptive 0 Performance 0 Energy Cost Budget

Climate Zone

Thermal Zonewinter dry bulbsummer dry bulb

Interior design conditionswinter dry bulbsummer dry bulbrelative humidity

Building heating load

Building cooling load

Mechanical Spacing Conditioning SystemUnitary

description of unitheating efficiencycooling efficiencyHeat output of unitcooling output of unit

Boilertotal boiler output. If oversized, state reason.

Chillertotal chiller capacity. If oversized, state reason.

List equipment efficiencies

Equipment schedules with motors (mechanical systems)motor horsepowernumber of phasesminimum efficiencymotor type# of poles


APPENDIX CCODE CHANGE PROPOSALNORTH CAROLINABUILDING CODE COUNCIL322 Chapanoke Road, Suite 200Raleigh, North Carolina 27603(919) 661-5880Petition for Rule Making Item Number

PHONE (_)_ -__.

Granted by BCC Adopted by BCC Approved by RRC _

Denied by BCC Disapproved by BCC Objection by RRC _

PROPONENT _REPRESENTING _ADDRESS _CITY STATE ZIP _E-MAIL FAX (_)_ -__.

North Carolina State Building Code, Volume _ Section _

CHECK ONE: ] Revise section to read as follows:] Add new section to read as follows:

] Delete section and substitute the following.] Delete section without substitution.

LI~(E TIIROUGII l\iliTERIlrL TO BE DELETED UNDERLINE MATERIAL TO BE ADDED

Type or print. Continue proposal or reason on plain paper attached to this form. See reverse side for instructions.

Will this proposal add to the cost of construction? Yes [ ] No [ ]Explain total economic impact for added cost or savings in REASON.Provide a fiscal analysis of any increase (or decrease) in cost.

REASON:

Signature _


DATE: _

BCC CODE CHANGES

FORM 1/1/09

93

APPENDIX C

INSTRUCTIONSEach proposed code change request shall comply with the following rules:

Rule 1: Twenty-one (21) copies of the proposed Petiton for Rule-making along with supporting documentation shall be filed withthe Building Code Council Secretary.

Rule 2: The filing shall be received by the first day of the month prior to the quarterly scheduled meeting date.

Rule 3: Each request shall be legibly printed, typewritten, or copied on this form and shall contain the following:

(1) The proposed rule change must be set forth in full and contain explicit reference to the affected section or sections of thecode.

(2) The request shall state the reasons for the proposed rule change with supporting documentation.

(3) The proposed rule change shall comply with the standards set forth in GS 143-138(c) and reference to the particular standards shall be set forth in the request for the amendment.

(4) The proposed rule change shall contain an economic impact analysis as required by GS 143-138(a).

Rule 4: When a request is improperly filed or not in accordance with all the rules listed above, the Council Secretary shall reject thesubmittal and notify the applicant of the proper procedure to follow.

Rule 5: Upon the proper filing of a request, the Council Secretary shall forward one copy of said request to each council memberprior to the scheduled meeting date. Persons filing proposed petitions are hereby notified of the place and time of the scheduledhearings. The Council Secretary shall cause to be published the notice of public hearing as specified in GS 143-138(a).

Rule 6: The Council shall either grant or deny the proposed Petition for Rule-making at the meeting following receipt of the proposed rule change. The Council will take no further action on items that are Denied. Granted items may be referred to Committeefor review.

Rule 7: The Council will hold a public hearing on granted items at the next quarterly scheduled meeting. The Council will take finalaction on granted items at the next quarterly scheduled meeting after the public hearing.

Timeline Example

Petetion Received: February 1

Petition Granted: March BCC meeting

Notice of Hearing Published: April NC Register

Committee Review: April- May

Hearing Held: June BCC meeting

Final Adoption: September BCC meeting

Rules Review Hearing: November RRC meeting

Approved: December 1


APPENDIX D

AFFIDAVIT OF WORKERS' COMPENSATION COVERAGEN.C.G.S. §87-14

The undersigned applicant for Building Permit # being the

___________________ Contractor

___________________ Owner

___________________ OfficerlAgentoftheContractororOwner

Do hereby aver under penalties ofperjury that the person(s), firm(s) or corporation(s) performing the work set forth in the permit:

___ has/have three (3) or more employees and have obtained workers' compensation insurance to cover them,

___ has/have one or more subcontractor(s) and have obtained workers' compensation insurance to cover them,

___ has/have one or more subcontractor(s) who has/have their own policy of workers' compensation covering themselves,

___ has/have not more than two (2) employees and no subcontractors,

while working on the project for which this permit is sought. It is understood that the Inspection Department issuing the permit mayrequire certificates of coverage of workers, compensation insurance prior to issuance of the permit and at any time during the permitted work from any person, firm or corporation carrying out the work.

Firm name:

By:

Title:

Date:


APPENDIX EAPPEALSNORTH CAROLINABUILDING CODE COUNCIL322 Chapanoke Road, Suite 200Raleigh, North Carolina 27603(919) 661-5880

APPEAL TO NCDOI/NCBCC Hearing Date I__I _

GS 153A-374, GS 160A-434Formal Interpretation by NCDOI _Appeal of Local Decision to NCDOI _

GS 143-140, GS 143-141Appeal of Local Decision to NCBCC _Appeal of NCDOI Decision to NCBCC _

PHONE (_)_ -__ X _APPELLANT _REPRESENTING _ADDRESS _CITY STATE ZIP _E-MAIL FAX (_)__ - _

North Carolina State Building Code, Volume - Section _

REQUEST ONE: ] Formal Interpretation by NCDOI] Appeal of Local Decision to NCDOI

] Appeal of Local Decision to NCBCC] Appeal of NCDOI Decision to NCBCC

Type or print. Include all background information as required by the referenced General Statutes and the attached policies. Attachadditional supporting information.

REASON:

DATE: _Signature _


APPEAL TO NCDOIINCBCC

FORM 1/1/09

97

APPENDIX E

202.9 Appeals.

202.9.1 Engineering Division. A written technical interpretation shall be provided as specified in Section203.1.2.1.2. Any person may appeal in writing an order, decision, or determination pertaining to the code or any statebuilding law by filing written notice with the Commissionerof Insurance or his designee within 10 days after the order,decision or determination. A copy of the appeal shall be furnished to each party.

(General Statutes 143-140, 153A-374 and 160A-434)

203.1.2.1 Interpretations.

203.1.2.1.1 Informal interpretations. The Engineering Division shall provide informal interpretations on code related matters either by e-mail, letter ortelephone. These informal interpretations may be accepted by the local code enforcement official or partyrequesting the interpretation. Either party may request a formal interpretation of the code.

203.1.2.1.2 Formal interpretations. Any personmay request in writing a formal interpretation of thecode. The request shall be addressed to the ChiefCode Consultant for the Department of Insurance.The request shall be specific and shall reference thecode sections in question. All formal interpretationsshall be in writing. A formal interpretation shall bebinding on all parties unless appealed to the BuildingCode Council as specified in Section 201.9.2. Formalinterpretations determined to be of a general naturemay be posted on the department web site. (GeneralStatute 143-140)

203.1.2.2 Appeals. Any person may appeal in writing anorder, decision or determination of a code enforcementofficial pertaining to the code or any state building law.The appeal shall be addressed to the Chief Engineer forthe Department of Insurance by filing written noticewithin 10 days after the order, decision or determination.The appeal shall contain the type and size of the buildingin question, the location of the building, and shall reference the code sections in question. The decision shall bein writing and shall set forth the facts found. The decisionrendered shall be based on the technical provisions of thecode, public health and safety and shall be construed liberally to those ends. A decision shall be binding on allparties unless an appeal is submitted to the BuildingCode Council as specified in Section 201.9.2. A copy ofthe appeal and written decision shall be furnished to eachparty.


202.9.2 Building Code Council. The Building CodeCouncil shall hear appeals from the decisions of a state enforcement agencies relating to any matter related to thecode. Any person wishing to appeal a decision of a state enforcement agency to the Building Code Council shall givewritten notice of appeal as follows:

202.9.2.1 Twenty-one copies including an original of theNotice of Appeal shall be filed with the Building CodeCouncil c/o NC Department of Insurance, Engineering

98

Division, 322 Chapanoke Road, Suite 200, Raleigh, NC27603 and one copy shall be filed with the State enforcement agency from which the appeal is taken.

202.9.2.2 The Notice of Appeal shall be received no laterthan 30 days from the date of the decision of the State enforcement agency.

202.9.2.3 The Notice of Appeal shall be legibly printed,typewritten or copied and shall contain the following:

(1 ) Name, address of the party or parties requestingthe appeal.

(2) The name of the State enforcement agency, thedate of the decision from which the appeal istaken, and a copy of the written decision receivedfrom the enforcement agency.

(3) The decision from which the appeal is taken shallbe set forth in full in the Notice of Appeal or acopy of the decision shall be attached to all copiesof the Notice of Appeal.

(4) The contentions and allegations of fact must beset forth in full in a clear and concise manner withreference to the sections of the code in controversy.

(5) The original Notice of Appeal shall be signed bythe party or parties filing appeal.

(6) The Notice of Appeal shall be received by thefirst day of the month prior to the Building CodeCouncil's quarterly scheduled meeting in orderto be placed on the agenda for that meeting. TheChairman may schedule a special meeting to hearan appeal.

202.9.2.4 Upon the proper filing of the Notice of Appeal,the Building Code Council Secretary shall forward onecopy of the Notice of Appeal to each member of theBuilding Code Council. The Chairman may appoint aHearing Committee to hear appeals. The Secretary shallsend notice in writing to the party or parties requesting anappeal and to the Building Code Council Hearing Committee members at least 15 days prior to the HearingCommittee meeting. A written decision of the HearingCommittee meeting shall be provided to all BuildingCode Council Members. The actions of the HearingCommittee shall be final, unless appealed to the fullBuilding Code Council in writing within 30 days of theHearing Committee's action. If a Hearing Committeeconsists of at least seven council members, it will constitute a quorum of the full council. Further appeals shall beas specified in Section 202.9.3.

202.9.2.5 The Building Code Council shall, upon a motion of the State enforcement agency or on its own motion, dismiss appeals for the following reasons:

1. Not pursued by the appellant or withdrawn;

2. Appeal not filed in accordance with these rules; or

3. Lack of jurisdiction.

202.9.2.6 When the Building Code Council finds that aState enforcement agency was in error in its interpretation of the code, the Building Code Council shall remand


the case to the agency with instructions to take such actions as the Building Code Council directs. When theBuilding Code Council finds on appeal that materials ormethods ofconstruction proposed are equivalent to thoserequired by the code, the Building Code Council shall remand the case to the State enforcement agency with instructions to permit the use of such materials or methodsof construction. The Building Code Council shall immediately initiate procedures for amending the code to permit the use of such materials or methods ofconstruction.

202.9.2.7 The Building Code Council shall provide awritten decision setting forth the findings of fact and theBuilding Code Council's conclusions to each party orparties filing the appeal and to the state enforcementagency from which the appeal was taken.

202.9.3 Superior court. Whenever any person desires toappeal a decision of the Building Code Councilor a decisionof a State or local enforcement agency, he may appeal eitherto the Wake County Superior Court or the Superior Court ofthe county in which the proposed building is to be situated inaccordance with the provisions of Chapter 150B of the General Statutes.



APPENDIX E

99

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Chapter 13: Using Information Technology in BuildingDepartments

Chapter 14: Records Management

Chapter IS: Customer Relations

Chapter 16: Legal Aspects of Code Administration

Chapter 17: Disaster Mitigation and Building Security

Chapter 18: Housing) Property Maintenance and CodeEnforcement Inspection Programs

Chapter 19: Building Sustainability: Preserving theExisting Residential Stock

Chapter 20: Rehabilitation and General Building CodeApproaches

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Chapter 2: Building Codes and Federal Influences

Chapter 3: The Legacy Model Code Groups) TheirCodes and the Roots of the ICC

Chapter 4: Construction Codes and Standards

Chapter 5: Building Regulations Around the World

Chapter 6: The Department

Chapter 7: The Development Permit Process

Chapter 8: The Building Official

Chapter 9: The Effective Manager

Chapter 10: Supervision and Training

Chapter 11: Department Staffing Requirements

Chapter 12: The Pu blic Cou nter

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