NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING - NCDOI · PDF file1 NOTICE OF RULE...

NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING 1

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NORTH CAROLINA BUILDING CODE COUNCIL 3

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Notice of Rule-making Proceedings is hereby given by NC Building Code Council in accordance with 5

G.S. 150B-21.5(d). 6

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Citation to Existing Rule Affected by this Rule-Making: North Carolina Building, Energy 8

Conservation, Electrical, Existing Building, Fire Prevention, Fuel Gas, Mechanical, Plumbing, and 9

Residential Code amendments and adoption of the 2018 NC State Building Codes. 10

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Authority for Rule-making: G.S. 143-136; 143-138. 12

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Reason for Proposed Action: To incorporate changes in the NC State Building Codes as a result of 14

rulemaking petitions filed with the NC Building Code Council and to incorporate changes proposed by the 15

Council. 16

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Public Hearing: Tuesday, March 14, 2017, 9:00AM, NCSU McKimmon Center, 1101 Gorman Street, 18

Raleigh, NC 27606. Comments on both the proposed rule and any fiscal impact will be accepted. 19

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Comment Procedures: Written comments may be sent to Barry Gupton, Secretary, NC Building Code 21

Council, NC Department of Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202. Comments on 22

both the proposed rule and any fiscal impact will be accepted. Comment period expires on April 17, 2017. 23

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Statement of Subject Matter: 25

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1. Request by the NC Building Code Council, Ad-Hoc Committees, to adopt the 2018 North Carolina 28

State Building Codes. The Base Documents for the 2018 NC Codes are the 2015 International Codes. 29

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The 2018 NC Committee amendments are posted at the link below and are replacements to the 31

Sections printed in the Base Documents. 32

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Codes_-33

_Current_and_Past&user=State_Building_Codes 34

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The 2018 NC Ad-Hoc Committee reports are posted at the link below. 36

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Codes_-_Current_and_Past&user=State_Building_Codes

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Codes_-_Current_and_Past&user=State_Building_Codes

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=BCC_-1

_Ad_Hoc_Committee_Meeting_Information&user=Building_Code_Council&sub=BCC_Committees 2

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The 2015 International Codes are available at www.iccsafe.org for purchase or at 4

http://codes.iccsafe.org/I-Codes.html#2015 for public access. 5

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1.1 North Carolina State Building Code – 2018 Building Code 7

1.2 North Carolina State Building Code - 2018 Energy Conservation Code, including Residential 8

Energy 9

1.3 North Carolina State Building Code – 2018 Existing Building Code 10

1.4 North Carolina State Building Code – 2018 Fire Prevention Code 11

1.5 North Carolina State Building Code – 2018 Fuel Gas Code 12

1.6 North Carolina State Building Code – 2018 Mechanical Code 13

1.7 North Carolina State Building Code – 2018 Plumbing Code 14

1.8 North Carolina State Building Code – 2018 Residential Code 15

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Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 17

1, 2019. 18

Reason Given – This purpose of this adoption is to update the NC State Building Code to the 2015 19

International Code edition. 20

Fiscal Statement – 21

2018 Energy Conservation Code, including Residential Energy. This rule is anticipated to have a 22

substantial economic impact and increase local and state funds. A fiscal note has been approved. 23

2018 All Other. This rule is anticipated to provide equivalent compliance with no net decrease/increase in 24

cost. This rule is not expected to either have a substantial economic impact or increase local and state 25

funds. A fiscal note has not been prepared. 26

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2. Additional individual requests to further amend the 2018 North Carolina Energy Conservation 29

Code, Item 1.2 above: 30

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2.1 Request from Ryan Miller, representing North Carolina Building Performance Association, to 32

revise the 2018 NC Energy Conservation Code, Section 403.3.3 Duct Leakage (Perspective and duct 33

testing (Mandatory). 34

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403.3.3 Duct leakage (Perspective) and duct testing (Mandatory). Duct testing and duct leakage shall be 36

verified by compliance with either Section 403.3.3.1or 403.3.3.2. Duct testing shall be performed and 37

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=BCC_-_Ad_Hoc_Committee_Meeting_Information&user=Building_Code_Council&sub=BCC_Committees

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=BCC_-_Ad_Hoc_Committee_Meeting_Information&user=Building_Code_Council&sub=BCC_Committees

http://www.iccsafe.org/

http://codes.iccsafe.org/I-Codes.html#2015

reported by the permit holder, a NC licensed general contractor, a NC licensed HVAC contractor, a NC 1

licensed Home Inspector, a registered design professional, a certified BPI Envelope Professional or a 2

certified HERS rater. A single point depressurization, not temperature corrected, test is sufficient to comply 3

with this provision, provided that the duct testing fan assembly(s) has been certified by the manufacturer to 4

be capable of conducting tests in accordance with ASTM E1554-07. 5

6

The duct leakage information, including duct leakage test selected and result, tester name, date and contact 7

information, shall be included on the certificate described in Section 401.3. 8

9

For the Test Criteria, the report shall be produced in the following manner: perform the HVAC system air 10

leakage test and record the CFM25. Calculate the total square feet of Conditioned Floor Area (CFA) served 11

by that system. Multiply CFM25 by 100, divide the result by the CFA and record the result. If the result is 12

less than or equal to 5 CFM25/100SF for the “Total duct leakage test or less than or equal to 4 13

CFM25/100SF for the “Duct leakage to the outside” test, then the HVAC system air tightness is acceptable. 14

Appendix 3C contains optional sample worksheets for duct testing for the permit holder’s use only. 15

16

Exceptions to testing requirements: 17

1. Duct systems or portions thereof inside the building thermal envelope shall not be required to be leak 18

tested. 19

2. Installation of a partial system as part of replacement, renovation or addition does not require a duct 20

leakage test. 21

3. Duct systems (complete) serving areas of 750 sq. ft. or less shall not need to be required to be leak tested. 22

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1, 2019. 25

Reason Given – This purpose of this amendment is to ignore duct leakage in small areas due to the 26

disproportionate relationship between the HVAC/Duct system size and the amount of conditioned floor 27

area. 28

Fiscal Statement – This rule is anticipated to provide equivalent compliance with no net decrease/increase 29

in cost. This rule is not expected to either have a substantial economic impact or increase local and state 30


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2.2 Request from Bridget Herring, representing Mathis Consulting Company, to revise the 2018 NC 33

Energy Conservation Code, Section C402. 34

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Modify existing section, as follows: 36

C402.2.2 Roof assembly. The minimum thermal resistance (R-value) of the insulating material installed 1

either between the roof framing or continuously on the roof assembly shall be as specified in Table 2

C402.1.3, based on construction materials used in the roof assembly. Skylight curbs shall be insulated to 3

the level of roofs with insulation entirely above deck or R-5, whichever is less. 4

5

Exceptions Exception: 6

1. Continuously insulated roof assemblies where the thickness of insulation varies 1 inch (25 mm) or less 7

and where the area-weighted U-factor is equivalent to the same assembly with the R-value specified in 8

Table C402.1.3. 9

2. Where tapered insulation is used with insulation entirely above deck, the R-value where the insulation 10

thickness varies 1 inch (25 mm) or less from the minimum thickness of tapered insulation shall comply 11

with the R-value specified in Table C402.1.3. 12

3. Unit skylight curbs included as a component of a skylight listed and labeled in accordance with NFRC 13

100 shall not be required to be insulated. 14

15

Add new section, as follows: 16

C402.2.2.1 Determination of R-value for above deck tapered insulation. Where continuous above deck 17

tapered roof insulation is used, the R-value specified in Table C402.1.3 shall be determined based on an 18

area-weighted average. 19

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1, 2019. 22

Reason Given – This purpose of this amendment is to allow a weighted average rather than an arbitrary 23

minimum thickness. 24

Fiscal Statement – This rule is anticipated to provide equivalent compliance with a minimal decrease in 25



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2.3 Request from Chuck Perry, representing Appalachian State University, to revise the 2018 NC 29

Energy Conservation Code, Section R406 Energy Rating Index Compliance Alternative. 30

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SECTION R406 32

ENERGY RATING INDEX COMPLIANCE ALTERNATIVE 33

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R406.1 Scope. This section establishes criteria for compliance using an Energy Rating Index (ERI) 35

analysis. 36

R406.2 Mandatory requirements. 37

Compliance with this section requires that the mandatory provisions identified in Sections R401.2 R401 1

through R404 labeled as “mandatory” and Section R403.5.3 be met. The building thermal envelope shall be 2

greater than or equal to levels of efficiency and Solar Heat Gain Coefficient in Table 402.1.1 or 402.1.3 of 3

the 2009 International Energy Conservation Code 2012 NC Energy Conservation Code. Minimum 4

standards associated with compliance shall be the ANSI RESNET ICC Standard 301-2014 “Standard for 5

the Calculation and Labeling of the Energy Performance of Low-Rise Residential Buildings using an 6

Energy Rating Index.” A North Carolina licensed design professional or RESNET Certified Home Energy 7

Rater is required to perform the analysis if required by North Carolina licensure laws. 8

Exception: Supply and return ducts not completely inside the building thermal envelope shall be insulated 9

to a minimum of R-6. Supply and return ducts in unconditioned space and outdoors shall be insulated to a 10

minimum R-8. Supply ducts inside semi-conditioned space shall be insulated to a minimum R-4; return 11

ducts inside conditioned and semi-conditioned space are not required to be insulated. Ducts located inside 12

conditioned space are not required to be insulated other than as may be necessary for preventing the 13

formation of condensation on the exterior of cooling ducts. 14

R406.3 Energy Rating Index. 15

The Energy Rating Index (ERI) shall be a numerical integer value that is based on a linear scale constructed 16

such that the ERI reference design has an Index value of 100 and a residential building that uses no net 17

purchased energy has an Index value of 0. Each integer value on the scale shall represent a 1-percent 18

change in the total energy use of the rated design relative to the total energy use of the ERI reference 19

design. The ERI shall consider all energy used in the residential building. 20

R406.3.1 ERI reference design. 21

The ERI reference design shall be configured such that it meets the minimum requirements of the 2006 22

International Energy Conservation Code prescriptive requirements. 23

The proposed residential building shall be shown to have an annual total normalized modified load less 24

than or equal to the annual total loads of the ERI reference design. 25

R406.4 ERI-based compliance. 26

Compliance based on an ERI analysis requires that the rated design be shown to have an ERI less than or 27

equal to the appropriate value listed in Table R406.4.1 or Table R406.4.2 when compared to the ERI 28

reference design. 29

TABLE R406.4 30

MAXIMUM ENERGY RATING INDEX 31

CLIMATE

ZONE

ENERGY RATING

INDEX

1 52

2 52

3 51

4 54

5 55

6 54

7 53

8 53

1

TABLE R406.4.1 MAXIMUM ENERGY RATING INDEX without calculation of on-site renewable 2

energy 3

Climate Zone Jan 1, 2019 – Dec 31, 2022 Jan 1, 2023 and forward

3 65 61

4 67 63

5 67 63

4

TABLE R406.4.2 MAXIMUM ENERGY RATING INDEX including calculation of on-site 5

renewable energy 6

Climate Zone Jan 1, 2019 – Dec 31,

2022

Jan 1, 2023 and forward

3 51 47

4 54 50

5 55 51

7

R406.5 Verification by approved agency. 8

Verification of compliance with Section R406 shall be performed by the licensed design professional or 9

RESNET Certified Home Energy Rater and the compliance documentation shall be provided to the code 10

official. The code official shall inspect according to the requirements of Section R406.6.2 completed by an 11

approved third party. 12

R406.6 Documentation. 13

Documentation of the software used to determine the ERI and the parameters for the residential building 14

shall be in accordance with Sections R406.6.1 through R406.6.3. 15

R406.6.1 Compliance software tools. 16

Documentation verifying that the methods and accuracy of the compliance software tools conform to the 17

provisions of this section shall be provided to the code official. Compliance software tools for this section 18

shall be in compliance with ANSI RESNET ICC Standard 301-2014. 19

R406.6.2 Compliance report. Compliance software tools shall generate a report that documents that the 20

ERI of the rated design complies with Sections R406.3 and R406.4. The compliance documentation shall 21

include the following information: 22

1. Address or other identification of the residential building. 23

2. An inspection checklist documenting the building component characteristics of the rated design. The 1

inspection checklist shall show results for both the ERI reference design and the rated design, and shall 2

document all inputs entered by the user necessary to reproduce the results. 3

3. Name of individual completing the compliance report. 4

4. Name and version of the compliance software tool. 5

Exception: Deleted. Multiple orientations. Where an otherwise identical building model is offered in 6

multiple orientations, compliance for any orientation shall be permitted by documenting that the building 7

meets the performance requirements in each of the four (north, east, south and west) cardinal orientations. 8

R406.6.3 Additional documentation. 9

Deleted. The code official shall be permitted to require the following documents: 10

1. Documentation of the building component characteristics of the ERI reference design. 11

2. A certification signed by the builder providing the building component characteristics of the rated 12

design. 13

3. Documentation of the actual values used in the software calculations for the rated design. 14

R406.7 Calculation software tools. Calculation software, where used, shall be in accordance with Sections 15

R406.7.1 through R406.7.3. 16

R406.7.1 Minimum capabilities. 17

Calculation procedures used to comply with this section shall be software tools capable of calculating the 18

ERI as described in Section R406.3, and shall be in compliance with ANSI RESNET ICC Standard 301-19

2014 and shall include the following capabilities. The software shall include the following capabilities: 20

1. Computer generation of the ERI reference design using only the input for the rated design. 21

The calculation procedure shall not allow the user to directly modify the building component characteristics 22

of the ERI reference design. 23

2. Calculation of whole building, as a single zone, sizing for the heating and cooling equipment in the ERI 24

reference design residence in accordance with Section R403.7. 25

3. Calculations that account for the effects of indoor and outdoor temperatures and part-load ratios on the 26

performance of heating, ventilating and air-conditioning equipment based on climate and equipment sizing. 27

4. Printed code official inspection checklist listing each of the rated design component characteristics 28

determined by the analysis to provide compliance, along with their respective performance ratings. 29

R406.7.2 Specific approval. 30

Deleted. Performance analysis tools meeting the applicable sections of Section R406 shall be approved. 31

Tools are permitted to be approved based on meeting a specified threshold for a jurisdiction. The code 32

official shall approve tools for a specified application or limited scope. 33

R406.7.3 Input values. 34

Deleted. When calculations require input values not specified by Sections R402, R403, R404 and R405, 35

those input values shall be taken from an approved source. 36

37


1, 2019. 2

Reason Given – This purpose of this amendment is to allow RESNET Certified Home Energy Raters to 3

perform the required Energy Rating Index analysis. 4




8

2.4 Request from Chuck Perry, representing Appalachian State University, to revise the 2018 NC 9

Residential Code, Section N1106 Energy Rating Index Compliance Alternative. 10

11

SECTION N1106 12

ENERGY RATING INDEX COMPLIANCE ALTERNATIVE 13

14

N1106.1 Scope. This section establishes criteria for compliance using an Energy Rating Index (ERI) 15

analysis. 16

N1106.2 Mandatory requirements. 17

Compliance with this section requires that the mandatory provisions identified in Sections N1101.2 N1101 18

through N1104 labeled as “mandatory” and Section N1103.5.3 be met. The building thermal envelope shall 19

be greater than or equal to levels of efficiency and Solar Heat Gain Coefficient in Table 1102.1.1 or 20

1102.1.3 of the 2009 International Energy Conservation Code 2012 NC Energy Conservation Code. 21

Minimum standards associated with compliance shall be the ANSI RESNET ICC Standard 301-2014 22

“Standard for the Calculation and Labeling of the Energy Performance of Low-Rise Residential Buildings 23

using an Energy Rating Index.” A North Carolina licensed design professional or RESNET Certified 24

Home Energy Rater is required to perform the analysis if required by North Carolina licensure laws. 25

Exception: Supply and return ducts not completely inside the building thermal envelope shall be insulated 26

to a minimum of R-6. Supply and return ducts in unconditioned space and outdoors shall be insulated to a 27

minimum R-8. Supply ducts inside semi-conditioned space shall be insulated to a minimum R-4; return 28

ducts inside conditioned and semi-conditioned space are not required to be insulated. Ducts located inside 29

conditioned space are not required to be insulated other than as may be necessary for preventing the 30

formation of condensation on the exterior of cooling ducts. 31

N1106.3 Energy Rating Index. 32

The Energy Rating Index (ERI) shall be a numerical integer value that is based on a linear scale constructed 33

such that the ERI reference design has an Index value of 100 and a residential building that uses no net 34

purchased energy has an Index value of 0. Each integer value on the scale shall represent a 1-percent 35

change in the total energy use of the rated design relative to the total energy use of the ERI reference 36

design. The ERI shall consider all energy used in the residential building. 37

N1106.3.1 ERI reference design. 1

The ERI reference design shall be configured such that it meets the minimum requirements of the 2006 2

International Energy Conservation Code prescriptive requirements. 3

The proposed residential building shall be shown to have an annual total normalized modified load less 4

than or equal to the annual total loads of the ERI reference design. 5

N1106.4 ERI-based compliance. 6

Compliance based on an ERI analysis requires that the rated design be shown to have an ERI less than or 7

equal to the appropriate value listed in Table N1106.4.1 or Table N1106.4.2 when compared to the ERI 8

reference design. 9

10

TABLE N1106.4 11

MAXIMUM ENERGY RATING INDEX 12

CLIMATE

ZONE

ENERGY RATING

INDEX

1 52

2 52

3 51

4 54

5 55

6 54

7 53

8 53

13

TABLE N1106.4.1 MAXIMUM ENERGY RATING INDEX without calculation of on-site renewable 14

energy 15


3 65 61

4 67 63

5 67 63

16

TABLE N1106.4.2 MAXIMUM ENERGY RATING INDEX including calculation of on-site 17

renewable energy 18


3 51 47

4 54 50

5 55 51

19

N1106.5 Verification by approved agency. 1

Verification of compliance with Section N1106 shall be performed by the licensed design professional or 2

RESNET Certified Home Energy Rater and the compliance documentation shall be provided to the code 3

official. The code official shall inspect according to the requirements of Section N1106.6.2 completed by 4

an approved third party. 5

N1106.6 Documentation. 6

Documentation of the software used to determine the ERI and the parameters for the residential building 7

shall be in accordance with Sections N1106.6.1 through N1106.6.3. 8

N1106.6.1 Compliance software tools. 9

Documentation verifying that the methods and accuracy of the compliance software tools conform to the 10

provisions of this section shall be provided to the code official. Compliance software tools for this section 11

shall be in compliance with ANSI RESNET ICC Standard 301-2014. 12

N1106.6.2 Compliance report. Compliance software tools shall generate a report that documents that the 13

ERI of the rated design complies with Sections N1106.3 and N1106.4. The compliance documentation 14

shall include the following information: 15

1. Address or other identification of the residential building. 16

2. An inspection checklist documenting the building component characteristics of the rated design. The 17

inspection checklist shall show results for both the ERI reference design and the rated design, and shall 18

document all inputs entered by the user necessary to reproduce the results. 19

3. Name of individual completing the compliance report. 20

4. Name and version of the compliance software tool. 21

Exception: Deleted. Multiple orientations. Where an otherwise identical building model is offered in 22

multiple orientations, compliance for any orientation shall be permitted by documenting that the building 23

meets the performance requirements in each of the four (north, east, south and west) cardinal orientations. 24

N1106.6.3 Additional documentation. 25

Deleted. The code official shall be permitted to require the following documents: 26

1. Documentation of the building component characteristics of the ERI reference design. 27

2. A certification signed by the builder providing the building component characteristics of the rated 28

design. 29

3. Documentation of the actual values used in the software calculations for the rated design. 30

N1106.7 Calculation software tools. Calculation software, where used, shall be in accordance with 31

Sections N1106.7.1 through N1106.7.3. 32

N1106.7.1 Minimum capabilities. 33

Calculation procedures used to comply with this section shall be software tools capable of calculating the 34

ERI as described in Section N1106.3, and shall be in compliance with ANSI RESNET ICC Standard 301-35

2014 and shall include the following capabilities. The software shall include the following capabilities: 36

1. Computer generation of the ERI reference design using only the input for the rated design. 37

The calculation procedure shall not allow the user to directly modify the building component characteristics 1

of the ERI reference design. 2

2. Calculation of whole building, as a single zone, sizing for the heating and cooling equipment in the ERI 3

reference design residence in accordance with Section N1103.7. 4

3. Calculations that account for the effects of indoor and outdoor temperatures and part-load ratios on the 5

performance of heating, ventilating and air-conditioning equipment based on climate and equipment sizing. 6

4. Printed code official inspection checklist listing each of the rated design component characteristics 7

determined by the analysis to provide compliance, along with their respective performance ratings. 8

N1106.7.2 Specific approval. 9

Deleted. Performance analysis tools meeting the applicable sections of Section N1106 shall be approved. 10

Tools are permitted to be approved based on meeting a specified threshold for a jurisdiction. The code 11

official shall approve tools for a specified application or limited scope. 12

N1106.7.3 Input values. 13

Deleted. When calculations require input values not specified by Sections N1102, N1103, N1104 and 14

N1105, those input values shall be taken from an approved source. 15

16


1, 2019. 18

Reason Given – This purpose of this amendment is to allow RESNET Certified Home Energy Raters to 19

perform the required Energy Rating Index analysis. 20




24

25

3. Request from Dave Crawford, representing AIA-North Carolina, to revise the 2018 NC Building 26

Code, Section 2902.1.2, and the 2018 NC Plumbing Code, Section 403.1 and Section 403.2 Separate 27

Facilities 28

29

2018 NC Building Code 30

2902.1.2 Family or assisted-use toilet and bath fixtures. Fixtures located within family or assisted-use 31

toilet and bathing rooms required by Section 1109.2.1 are permitted to be included in the number of 32

required fixtures for either the male or female occupants in assembly and mercantile occupancies all 33

occupancies noted in Table 2902.1. 34

35

2018 NC Plumbing Code 36

Section 403.1: add the following new section 37

403.1.1 Single-occupancy toilet facility and bathing room fixtures. 1

The plumbing fixtures located in single- occupancy toilet facilities and bathing rooms, including family or 2

assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of the North Carolina Building 3

Code, and including all occupancies noted in Table 403.1, shall contribute towards the total number of 4

required plumbing fixtures for a building or tenant space. 5

6

Section 403.2 Separate facilities: add the following 7

Exceptions: 8

5. Except as provided in Section 403.2.1. 9

10

403.2.1. Single- occupancy toilet facilities and bathing rooms, and family or assisted- use toilet and bathing 11

rooms shall not be required to be identified by gender. 12

13


1, 2019. 15

Reason Given – This purpose of this amendment is to provide greater design flexibility and usability by 16

allowing more single occupant bathrooms and toilet rooms. 17




21

22

4. Request from Terry Cromer, representing NC Association of Electrical Contractors, to amend the 23

2014 NC Electrical Code, Section 680.21(D) Pool Pump Motor Replacement as follows: 24

25

680.21(D) Pool Pump Motor Replacement. Whenever a pool pump motor requires replacing and the 26

existing branch circuit or receptacle, providing power to the pump motor, does not provide ground-fault 27

circuit-interrupter protection for personnel the branch circuit or receptacle shall be updated to provide 28

ground-fault circuit-interrupter protection for personnel. 29

30

Motion/Second/Approved – The request was granted. The proposed effective date of this rule is 31

September 1, 2017 (earliest through RRC), unless the BCC assigns a delayed effective date (January 1, 32

2018). 33

Reason Given – This purpose of this amendment is to provide the same protection for a replacement pump 34

motor as for new construction. 35




4

5

5. Request from Daniel Priest, representing Priest Architecture, PLLC, to amend Section 901.1 of the 6

2012 and 2018 NC Fire Prevention Code, as follows: 7

8

901.1 Scope. The provisions of this chapter shall specify where fire protection systems are required and 9

shall apply to the design, installation, inspection, operation, testing and maintenance of all fire protection 10

systems. 11

The provisions of the International Building Code shall specify where fire protection systems are required 12

and shall apply to the design, installation, inspection, operation, testing of all fire protection systems. Fire 13

protection systems shall be repaired, operated and maintained in accordance to the International Fire Code. 14

15

Motion/Second/Approved – The request was granted. The proposed effective date of this rule is 16

September 1, 2017 (earliest through RRC), unless the BCC assigns a delayed effective date (January 1, 17

2018). 18

Reason Given – This purpose of this proposal is to clarify the responsibility for permitting and inspecting 19

of fire protection systems in new construction versus operation, repair and maintenance of fire protection 20

systems in existing structures. 21




25

26

6. Request from Robbie Davis, representing the NC Building Code Council Building/Fire Ad-Hoc 27

Committees, to amend the 2018 NC Building Code, Sections 101.2 Scope and 202 Definitions, as 28

follows: 29

30

101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, 31

enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and 32

demolition of every building or structure or any appurtenances connected or attached to such buildings or 33

structures. 34

Exceptions: If any of the following apply the building or structure is exempt from the provisions of this 35

code: 36

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more 1

than three stories above grade plane in height with a separate means of egress, and their accessory 2

structures not more than three stories above grade plane in height, shall comply with the International 3

Residential Code. 4

2. Farm buildings located outside of the buildings rules jurisdiction of any municipality. 5

Exception: All buildings used for sleeping purposes shall conform to the provisions of the technical codes. 6

2. Farm buildings not used for: 7

a. Sleeping purposes, or 8

b. Storage of hazardous materials in excess of those listed in Tables 307.1(1) and 307.1(2) within the 9

building rules jurisdiction of any municipality. 10

3. The design construction, location, installation or operation of equipment for storing, handling and 11

transporting liquefied petroleum gases for fuel purposes up to the outlet of the first stage pressure regulator, 12

anhydrous ammonia or other liquid fertilizer. 13

4. The design construction, location, installation or operation of equipment or facilities of a public utility, 14

as defined in NC G.S. 62-3, or electric or telephone membership corporation, including without limitation 15

poles, towers and other structures supporting electric or communication lines from the distribution network 16

up to the meter location. 17

18

Note: All buildings owned and operated by a public utility or an electric or telephone membership 19

corporation shall meet the provisions of this code. 20

21

5. The storage and handling of hazardous chemicals as they relate to NC G.S. 95, Article 18 - Hazardous 22

Chemicals Right to Know Act. 23

24

SECTION 202 DEFINITIONS 25

FARM BUILDING. Any building not used for sleeping purposes that is not accessed by the general public 26

and is used primarily for a bona fide farm purpose. Bona-fide farm purposes includes but is not limited to 27

structures or buildings for storage and processing of agricultural products or commodities such as: crops, 28

fruits, vegetables, ornamental or flowering plants, dairy, timber, livestock, poultry and all other such forms 29

of agricultural products by the specific farm on which the structure or building is located. Bona-fide farm 30

purposes do not include structures or buildings for uses such as education facilities, research facilities, or 31

aircraft hangers. 32

33


1, 2019. 35

Reason Given – This purpose of this proposal is to provide a definition for a farm building. 36




4

5

7. Request by Robbie Davis, representing the NC Building Code Council Building/Fire Ad-Hoc 6

Committees, to amend the 2018 NC Fire Prevention Code, Chapter 1, Section 102.13 Exception to 7

applicability and Chapter 2, as follows: 8

9

102.13 Exception to applicability. 10

The provisions of this code shall not apply to the following: 11

1. Occupancy of one- and two-family dwellings. 12

13

2. Farm buildings located outside the building rules jurisdiction of any municipality. 14

Exception: All buildings used for sleeping purposes shall conform to the provisions of the technical codes. 15

2. Farm buildings not used for: 16

a. Sleeping purposes, or 17

b. Storage of hazardous materials in excess of those listed in Tables 5003.1(1) and 5003.1(2) within the 18

building rules jurisdiction of any municipality. 19

20

3. The design, construction, location, installation or operation of equipment for storing, handling, and 21

transporting liquefied petroleum gases for fuel purposes up to the first stage regulator, liquefied natural 22

gases, and anhydrous ammonia or other liquid fertilizers. 23

4. The design, construction, location, installation or operation of equipment or facilities of a public utility, 24

as defined in N.C.G.S 62-3, or an electric or telephone membership corporation, including without 25

limitation poles, towers and other structures supporting electric or communication lines from the 26

distribution network up to the meter location. 27

Exception: All buildings owned and operated by a public utility or an electric or telephone membership 28

corporation shall meet the provisions of the code. 29

5. The Storage and Handling of Hazardous Chemicals Right to Know Act. North Carolina N.C.G.S 95-173 30

through 95-218. 31

6. Open burning pursuant to N.C.G.S. 106 - 940 through 106 - 950 under the jurisdiction of the North 32

Carolina Department of Agriculture and Consumer Services. 33

34

CHAPTER 2 DEFINITIONS 35

FARM BUILDING. Any building not used for sleeping purposes that is not accessed by the general public 36

and is used primarily for a bona fide farm purpose. Bona-fide farm purposes includes but is not limited to 37

structures or buildings for storage and processing of agricultural products or commodities such as: crops, 1

fruits, vegetables, ornamental or flowering plants, dairy, timber, livestock, poultry and all other such forms 2

of agricultural products by the specific farm on which the structure or building is located. Bona-fide farm 3

purposes do not include structures or buildings for uses such as education facilities, research facilities, or 4

aircraft hangars. 5

6


1, 2019. 8

Reason Given – This purpose of this proposal is to provide a definition for a farm building. 9




13

14


Committees, to amend the 2018 NC Fire Prevention Code, Chapter 1, Section 105.6.45 Temporary 16

membrane structures and tents (mandatory permit), Section 105.7.18 Temporary membrane 17

structures and tents and Chapter 31, Section 3103.2 Approval required, as follows: 18

19

CHAPTER 1 CHANGES 20

105.6.45 Temporary membrane structures and tents (mandatory permit). An operational permit is 21

required to operate an air-supported temporary membrane structure, or a temporary stage canopy having an 22

area in excess of 400 square feet (37 m2) or a tent having an area in excess of 400 800 square feet (37 74 23

m2). 24

Exceptions: 25

1. Tents used exclusively for recreational camping purposes. 26

2. Tents open on all sides, which comply with all of the following: 27

2.1. Individual tents having a maximum size of 700 1800 square feet (65 148 m2). 28

2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 29

12 feet (3658 mm) shall not exceed 700 1800 square feet (65 148 m2) total. 30

2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. 31

3. Funeral tents and curtains or extensions attached thereto, when used for funeral services. 32

33

105.7.18 Temporary membrane structures and tents. A construction permit is required to erect an air-34

supported temporary membrane structure, or a temporary stage canopy having an area in excess of 400 35

square feet (37 m2) or a tent having an area in excess of 400 800 square feet (37 74 m2). 36

Exceptions: 37


2. Tents open on all sides, which comply with all of the following: 2

2.1. Individual tents having a maximum size of 700 1800 square feet (65 148 m2). 3

2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 4

12 feet (3658 mm) shall not exceed 700 1800 square feet (65 148 m2) total. 5

2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. 6


8

CHAPTER 31 9

3103.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37 10

m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and 11

approval from the fire code official. 12

3103.2.1 Membrane Structures. 13

Membrane structures having an area in excess of 400 square feet (37 m2) 14

3103.2.2 Tents. 15

Tents having an area in excess of 800 square feet (74.32 m2). 16

Exceptions: 17


2. Tents open on all sides without sidewalls, drops or other physical obstructions on 75 percent or more of 19

the perimeter that comply with all of the following: 20

2.1. Individual tents having a maximum size of 700 1800 square feet (65 148.6 m2). 21

2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of 12 feet (3658 22

mm), not exceeding 700 1800 square feet (65 148.6 m2) total. 23

2.3. A minimum clearance of 12 feet (3658 mm) to all structures and other tents. 24


26

3103.5 Use period. Temporary tents A temporary tent, air-supported, air-inflated or tensioned membrane 27

structures shall not be erected for a period of more than 180 consecutive days within a 12-month period on 28

a single premises. 29

30


1, 2019. 32

Reason Given – This purpose of this proposal is to allow larger temporary membrane structure construction 33

without a permit. 34




1

2


Committees, to amend the 2018 NC Fire Prevention Code, Chapter 34, Section 3406.1 Required 4

access, as follows: 5

6

3406.1 Required access. 7

New tire storage yards shall be provided with fire apparatus access roads in accordance with Section 503 8

and Section 3406.2. Existing tire storage yards shall be provided with fire apparatus access roads where 9

required in Chapter 11 Section 3406.1.1. 10

3406.1.1 Existing tire storage yards. 11

Existing tire storage yards in excess of 150,000 cubic feet shall be provided with fire apparatus access 12

roads in accordance with Section 3406.1.1.1 and 3406.1.1.2. 13

3406.1.1.1 Access to piles. 14

Access roadways shall be within 150 feet (45 720 mm) of any point in the storage yard where storage piles 15

are located not less than 20 feet (6096 mm) from any storage pile. 16

3406.1.1.2 Location within piles. 17

Fire apparatus access roads shall be located within all pile clearances identified in Section 3405.4 and 18

within all fire breaks required in Section 3405.5. 19

20


1, 2019. 22

Reason Given – This purpose of this amendment is to specify a minimum threshold for fire apparatus 23

access roads for existing tire storage yards. 24




28

29


Committees, to amend the 2018 NC Building Code, Section 1107.6.2.2.1 Type A units, as follows: 31

32

1107.6.2.2.1 Type A units. 33

In Group R-2 occupancies containing 11or more than 20 dwelling units or sleeping units, at least 5 2 34

percent but not less than one of the units shall be a Type A unit. For a site with more than 100 units, at least 35

2 percent of the number of units exceeding 100 shall be Type A units. All Group R-2 units on a site shall be 36

considered to determine the total number of units and the required number of Type A units. Type A units 37

shall be dispersed among the various classes of units. Bedrooms in monasteries and convents shall be 1

counted as sleeping units for the purpose of determining the number of units. Where the sleeping units are 2

grouped into suites, only one sleeping unit in each suite shall count towards the number of required Type A 3

unit 4

Exceptions: 5

1. The number of Type A units is permitted to be reduced in accordance with Section 1107.7. 6

2. Existing structures on a site shall not contribute to the total number of units on a site. 7

8


1, 2019. 10

Reason Given – This purpose of this amendment is to maintain the number of Type A units that are 11

required by the IBC. 12




16

17


Committees, to amend the 2018 NC Fire Prevention Code, Chapter 9, Section 903.4.1 Monitoring, as 19

follows: 20

21

903.4.1 Monitoring. 22

Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to 23

an approved supervising station, where approved by the fire code official, shall be an audible signal at a 24

constantly attended location. 25

Exceptions: 26

1. Underground key or hub valves in roadway boxes provided by the municipality or public utility are not 27

required to be monitored. 28

2. Backflow prevention device test valves located in limited area sprinkler system supply piping shall be 29

locked in the open position. In occupancies required to be equipped with a fire alarm system, the backflow 30

preventer valves shall be electrically supervised by a tamper switch installed in accordance with NFPA 72 31

and separately annunciated. 32

3. A group R-2 building sprinklered in accordance with NFPA 13R where sprinklers are provided for 33

porches, balconies, corridors and stairs that are open and attached and installed supervised in accordance 34

with Section 903.4. At a minimum an approved audible alarm device shall be provided on every 35

sprinklered R-2 building in accordance with Section 903.4.2 of the North Carolina Fire Code. No on site 36

supervision is required at a constantly attended location. 37

1


1, 2019. 3

Reason Given – This purpose of this amendment is to maintain the alarm monitoring currently required by 4

the NC Codes. 5




9

10

NOTICE: 11

Appeals and Interpretations of the North Carolina State Building Codes are published online at the 12

following link. 13

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Code_Interpretations&user=C14

ode_Enforcement_Resources 15

16

17

NOTICE: 18

Objections and Legislative Review requests may be made to the NC Office of Administrative Hearings in 19

accordance with G.S. 150B-21.3(b2) after Rules are adopted by the Building Code Council. 20

http://www.ncoah.com/rules/ 21

22

23

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Code_Interpretations&user=Code_Enforcement_Resources

http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Code_Interpretations&user=Code_Enforcement_Resources

http://www.ncoah.com/rules/

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