HB 252 — Building Code Regulatory Reform.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 21 HOUSE BILL 252 Committee Substitute Favorable 3/28/17 Short Title:

Representatives Brody, Riddell, Potts, and R.

Moore (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Regulatory Reform March 6, 2017 A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE STATUTES GOVERNING THE CREATION AND ENFORCEMENT OF BUILDING CODES.

153A-364, a county may not adopt or enforce a new local ordinance or resolution or any other policy or enforce an existing local ordinance, resolution, or policy that requires regular, routine inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two-Family Dwellings in addition to the specific inspections required by the North Carolina Building Code without first obtaining approval from the North Carolina Building Code Council.

160A-424, a city may not adopt or enforce a new local ordinance or resolution or any other policy or enforce an existing local ordinance, resolution, or policy that requires regular, routine inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two-Family Dwellings in addition to the specific inspections required by the North Carolina Building Code without first obtaining approval from the North Carolina Building Code Council.

*H252-v-2**H252-v-1* General Assembly Of North Carolina Session 2017 "(c) Notwithstanding the requirements of this Article, a county shall accept and approve, without further responsibility to inspect, a design or other proposal for a component or element in the construction of buildings from a licensed architect or licensed engineer provided all of the following apply:

(3) That The licensed architect or licensed engineer submitting under subdivision (2)(1) of this subsection provides the county with a signed written document stating the component or element of the building so inspected is in compliance with the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings." SECTION 2.(b) G.S.

(3) That The licensed architect or licensed engineer submitting under subdivision (2)(1) of this subsection provides the city with a signed written document stating the component or element of the building so inspected is in compliance with the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings." SECTION 3.(a) G.S.

"(e) No certification by a licensed architect or licensed engineer shall be required for any component or element engineered by the manufacturer of the component or element when the manufacturer has certified that the component or element complies with the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings." SECTION 3.(b) G.S.G.S.160A-412 is amended by adding a new subsection to read:

160A-412"(e) isNo amendedcertification by adding a newlicensed subsectionarchitect toor read:licensed engineer shall be required for any component or element engineered by the manufacturer of the component or element when the manufacturer has certified that the component or element complies with the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings." SECTION 3.(c) G.S.

"(e) No certification by a licensed architect or licensed engineer shall be required for any component or element engineered by the manufacturer of the component or element when the manufacturer has certified that the component or element complies with the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings." SECTION 4.(a) G.S.

"(f) EachNo later than December 1, 2017, each inspection department shall implementcreate a process for an informal internal review of inspection decisions made by the department's inspectors.

(2) The provision in or with each permit issued by the department of (i) the name, phone number, and e-mailemail address of the supervisor of each inspector and (ii) a notice of availability of the informal internal review process.

Page 2 House Bill 252-Second Edition General Assembly Of North Carolina Session 2017 (3) Procedures the department shall follow when a permit holder or applicant requests an internal review of an inspector's decision.

Page 2 House Bill 252-First Edition General Assembly Of North Carolina Session 2017 Nothing in this subsection shall limit or abrogate any rights available under Chapter 150B of the General Statutes to a permit holder or applicant." SECTION 4.(b)3.(d) G.S.G.S.160A-412 is amended by adding a new subsection to read:

160A-412"(f) isNo amendedlater bythan addingDecember 1, 2017, each inspection department shall create a newprocess subsectionfor toan read:informal internal review of inspection decisions made by the department's inspectors.

"(f) Each inspection department shall implement a process for an informal internal review of inspection decisions made by the department's inspectors.

(2) The provision in or with each permit issued by the department of (i) the name, phone number, and e-mailemail address of the supervisor of each inspector and (ii) a notice of availability of the informal internal review process.

Nothing in this subsection shall limit or abrogate any rights available under Chapter 150B of the General Statutes to a permit holder or applicant." SECTION 4.(c)3.(e) EachBeginning in 2018, each inspection department shall annually report to the Joint Legislative Committee on Local Government no later than January 15 of each year on the implementation over the prior calendar year of the informal internal review process required by G.S.

160A-412(f), as enacted by subsections (a)(c) and (b),(d) respectively, of this section.

SECTION 4.(d)3.(f) SubsectionsSubsection (a)(e) and (b) of this section becomeexpires effectiveon DecemberJune 1,30, 2017.2022.

SubsectionSECTION (c)4. of this section becomes effective January 1, 2018, and expires on June 30, 2022.

The first reports required to be prepared pursuant to subsection (c) of this section shall be submitted no later than January 15, 2018.

SECTION 5.

Residential Code for One- and Two-Family Dwellings, including provisions applicable to One- and Two-Family Dwellings from the NC Energy Code, NC Electrical Code, NC Fuel Gas Code, NC Plumbing Code, the NC Mechanical Code, and the NC Existing Building Code, and any other current or future code applicable to residential construction, and no revision or amendment to any of these codes applicable to residential construction may be considered by the Building Code Council unless recommended by this committee.

In House Bill 252-Second Edition Page 3 General Assembly Of North Carolina Session 2017 considering the recommendations of the committee related to revisions and amendments of the Building Code, nothing in this subsection shall prevent the Building Code Council from accepting, rejecting, or amending the recommendation, provided that any amendment to the recommendation must be germane.

– Within the Building Code Council, there is hereby created a Building Code Committee for all structures except those subject to the North House Bill 252-First Edition Page 3 General Assembly Of North Carolina Session 2017 Carolina State Building Code:

Thereafter, the Committee shall meet upon the call of the chairman to review any proposal for revision or amendment to the North Carolina State Building Code, including provisions applicable to the North Carolina Energy Code, the North Carolina Electrical Code, the North Carolina Fuel Gas Code, the North Carolina Plumbing Code, the North Carolina Mechanical Code, and the North Carolina Existing Building Code, and any other current or future code applicable to commercial or multi-family construction, and no revision or amendment to any of these codes applicable to commercial or multi-family construction may be considered by the Building Code Council unless recommended by this committee.

In considering the recommendations of the committee related to revisions and amendments of the Building Code, nothing in this subsection shall prevent the Building Code Council from accepting, rejecting, or amending the recommendation, provided that any amendment to the recommendation must be germane." SECTION 6.5.

Page(b) 4The Houseenforcement Billagency 252-Secondshall Editionnot Generalapply Assemblyinterpretations Ofissued North Carolina Session 2017 (b) If an interpretation under this section or under G.S.

143-141(b) changesto afterconstruction abegun buildingunder permita isvalidly issued,issued the permit applicantat maythe choosetime which version of the interpretationagency willprovides apply to the permit,interpretation." unless such a choice would cause harm to life or property." SECTION 7.6.

This section shall not apply to lots with privately owned septic tankstank systems or other types of privately owned innovative on-site wastewater systems if a lockable cutoff valve approvedand bya thePage water4 systemHouse andBill a252-First testableEdition backflowGeneral preventionAssembly deviceOf approvedNorth byCarolina theSession water2017 systembackflow forprevention thedevice appropriateare levelinstalled ofon riskthe associatedwater withsupply line for the irrigation system orwithin other12 identifiedinches riskof arethe installedconnection onto the water supplymeter." lineSECTION for7. the irrigation system.

TheThis lockableact cutoffbecomes valueeffective shallOctober be1, installed2017. on the water supply line for the irrigation system within 24 inches of the water meter and the testable backflow device shall be installed on the water supply line for the irrigation system." SECTION 8.

ExceptHouse asBill otherwise252-First provided,Edition thisPage act5 becomes effective October 1, 2017.

House Bill 252-Second Edition Page 5