HB 291 — Commercial Prop. Plan Review.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 291 Committee Substitute Favorable 4/22/21 Short Title:

Representatives Zenger, Potts, and Johnson (Primary Sponsors).

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

Regulatory Reform, if favorable, Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House March 15, 2021 A BILL TO BE ENTITLED AN ACT TO ESTABLISH AND REQUIRE CERTAIN TIME LINES FOR REVIEW AND APPROVAL OF COMMERCIAL AND MULTIFAMILY BUILDING PLANS FOR LOCAL GOVERNMENTS AND TO ESTABLISH REMEDIES FOR FAILURE TO TIMELY REVIEW PLANS SUBMITTED UNDER THE EXPERTISE OF A LICENSED DESIGN PROFESSIONAL.

*H291-v-1* General Assembly Of North Carolina Session 2021 d.

*H291-v-2* General Assembly Of North Carolina Session 2021 e.

(b) Upon the acceptance and approval receipt of a signed written document by the local government as required under subsection (a) of this section, or upon issuance of a permit under subsection (c1) of this section, notwithstanding the issuance of a certificate of occupancy, the local government, its inspection department, and the inspectors are discharged and released from any liabilities, duties, and responsibilities imposed by this Article with respect to or in common law from any claim arising out of or attributed to the component or element in the construction of the building for which the signed written document was submitted.submittedsubmitted. or permit was issued.

(c1) Notwithstandinganyprovisionoflawtothecontrary,forcommercialNotwithstandinganyprovisionoflawto andmultifamilythecontrary, buildingfor planscommercialplans submitted that require a design professional seal pursuant to Building Code Council rules, initial plan review shall be completed and a building permit decision issued within 2115 days.

During the initial 21-day15-dayperiod, period, the local government or its agents shall communicate with the design professional to resolve questions and issues with the submitted plan.

If the local government requests additional information or requires that the plan be resubmitted with changes, the local government shall review the requested information or resubmitted plan and issue a building permit decision within 15 days from the receipt of the requested information or resubmitted plan.

(c2) In the event that the local government determinesdoes thatnot itissue isa unablepermit tofor complete the initialsubmitted plan review within 2130 days,days theof localinitial governmentplan maysubmission, utilizeor, theif Departmentadditional ofinformation Insuranceor andplan itsresubmission marketplaceis poolrequested, ofwithin qualified15 Code-enforcementdays officialsof orthe contractreceipt withof athe third-partyinformation engineeringor firmresubmitted thatplan, possessesthe afollowing validshall certificateapply: under G.S.

143-151.13 to perform the initial plan review provided that the total time for the initial plan review does not exceed the 21 days required under subsection (c1) of this section.

(c3) The following shall apply (i) if the local government does not issue a building permit decisionforthesubmittedplanwithin21daysofinitialplansubmissionasprovidedinsubsection (c1) of this section or (ii) when additional information or a plan resubmission is requested and the local government does not issue a building permit decision within 15 days of the receipt of the additional information or resubmitted plan as provided in subsection (c1) of this section:

(2) The permit applicant may utilizeretain thea Departmentthird-party offirm Insuranceto andreview itsthe marketplacesubmitted poolplans, ofand qualifiedthe Code-enforcementcost officialsof orthe hire a third-party engineeringreview firmshall thatbe possessesreimbursed aby validthe certificatelocal undergovernment. G.S.

143-151.13Upon to review and approveapproval by the submittedthird plans.party, the local government shall issue all necessary permits for the project within 72 hours.

TheIn costthe ofevent the third-partylocal reviewgovernment performedor byits theagents Departmentrequire ofspecifications Insuranceor manufacturer engineering information on an element, component, or afixture third-partyrelated engineeringto firmthe submitted plan, the local government shall beobtain reimbursedthat byinformation from the localmanufacturerofthe government.element,component, or fixture.

Upon review and approval by the third party, the local government shall issue all necessary building permits for the project within 72 hours.

(c4) In the event the local government or its agents require specifications or manufacturer engineering information on an element, component, or fixture related to the submitted plan, the local government shall obtain that information from the manufacturerofthe element,component, Page 2 House Bill 291-Second Edition General Assembly Of North Carolina Session 2021 or fixture.

(c5) In the event that a local government's ordinance conflicts with anypart of this section, the provisions of this section shall supersede and preempt any ordinance adopted or imposed by the local government.

The term does not include a system." Page 2 House Bill 291-First Edition General Assembly Of North Carolina Session 2021 SECTION 2.

G.S.

143-151.12(9) reads as rewritten:

"(9) Establish within the Department of Insurance a marketplace pool of qualified Code-enforcement officials available for the following purposes:

a.

When requested by the Insurance Commissioner, to assist in the discharge of the Commissioner's duty under G.S.

143-139 to supervise, administer, and enforce the North Carolina State Building Code.

… c.

When requested by a building permit applicant under G.S.

160D-1106(c3)(2)." SECTION 3.

G.S.

143-151.13 is amended by adding a new subsection to read:

"(g) An engineer who possesses a valid certificate under subsection (f) of this section, but is not employed by the State or a local government, may utilize that certificate for the limited purpose of performing initial plan reviews as permitted under G.S.

160D-1106(c2) and (c3)." SECTION 4.

House Bill 291-Second291-First Edition Page 3