North Carolina 2023-2024 Session Status: In Committee 6 R cosponsors

SB 378 — Code Council Reorg. and Var. Code Amend.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

82 added · 83 removed

Plain-language change summary

The revised version of Bill SB 378 updates some language regarding the appointment of members to the Building Code Council, ensuring that one of the architects appointed holds a heating contractor license. Additionally, it clarifies that code-enforcement officials must be employed by a municipality and have specific qualifications. These changes are significant because they aim to improve the qualifications of those overseeing building safety, ultimately ensuring better compliance with safety regulations and protections for the public.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 27, 2023 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 378 Short Title:
378 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS55043-BGf-3A Short Title:
A BILL TO BE ENTITLED AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND TO AMEND VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.
Rules and Operations of the Senate March 28, 2023 A BILL TO BE ENTITLED AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND TO AMEND VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.
(1) One of the licensed architects appointed by the chairman of the Building Code Council.
(1) One of the licensed architects appointed bythe chairman of the Building Code Council.
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 Conservation Code, the North *DRS55043-BGf-3A* General Assembly Of North Carolina Session 2023 Carolina Electrical Code, the North Carolina Fuel Gas Code, the North Carolina Plumbing Code, the North Carolina Mechanical Code, the North Carolina Existing Building Code, and any other 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.
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 Conservation Code, the North *S378-v-1* General Assembly Of North Carolina Session 2023 Carolina Electrical Code, the North Carolina Fuel Gas Code, the North Carolina Plumbing Code, the North Carolina Mechanical Code, the North Carolina Existing Building Code, and any other 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.
(4) One member appointed by the General Assembly upon the recommendation ofthePresident ProTemporeoftheSenatewhoshall hold aheating contractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(4) One member appointed by the General Assembly upon the recommendation ofthePresident ProTemporeoftheSenatewhoshall hold aheatingcontractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(9) OnememberappointedbytheGovernorsubjectto confirmationinaccordance with Section 5(8) of Article III of the North Carolina Constitution, who shall beaLevel IorLevel IICode-enforcement official employedbyamunicipality or county.
(9) OnememberappointedbytheGovernorsubjectto confirmationinaccordance with Section 5(8) of Article III of the North Carolina Constitution, who shall bea Level Ior Level IICode-enforcement official employed byamunicipality or county.
Page 2 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 (11) OnememberappointedbytheGovernorsubjectto confirmationinaccordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a licensed architect under Chapter 83A of the General Statutes and specializes in residential construction or a licensed professional engineer under Chapter 89C of the General Statutes and specializes in residential construction.
Page 2 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 (11) OnememberappointedbytheGovernorsubjectto confirmationinaccordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a licensed architect under Chapter 83A of the General Statutes and specializes in residential construction or a licensed professional engineer under Chapter 89C of the General Statutes and specializes in residential construction.
The ad hoc committee shall consist of members of the Council, licensed contractors, and design professionals most affected DRS55043-BGf-3A Page 3 General Assembly Of North Carolina Session 2023 by the North Carolina Residential Code, and members of the public.
The ad hoc committee shall consist of members of the Council, licensed contractors, and design professionals most affected Senate Bill 378-First Edition Page 3 General Assembly Of North Carolina Session 2023 bythe North Carolina Residential Code, and members of the public.
Special meetings may be called by thechairand must becalled by the chair at the request oftwoormore members ofthe Council.
Special meetings may be called bythe chairand must becalled bythe chair at the request oftwoormore members ofthe Council.
Expenditures for staff salaries and operating expenses shall be made in the same manner as the expenditure of any other Department of Insurance funds.
Expenditures for staff salaries and operating expenses shall be made in the same manner as the expenditure of anyother Department of Insurance funds.
– Page 4 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 (1) The Building Code Council or Residential Code Council shall request the OfficeofStateBudget andManagementto prepare afiscal noteforaproposed Code change that has a substantial economic impact, as defined in G.S.
– Page 4 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 (1) The Building Code Council or Residential Code Council shall request the OfficeofStateBudget andManagementto prepare a fiscal noteforaproposed Code change that has a substantial economic impact, as defined in G.S.
requirements concerning means of egress from buildings and structures;
requirements concerningmeans of egress from buildings and structures;
and such other reasonable rules pertaining to the construction of buildings and structures and the installation ofparticularfacilitiestherein as maybe foundreasonably necessaryfortheprotection of the occupants of the building or structure, its neighbors, and members of the public at large.
and such other reasonable rules pertaining to the construction of buildings and structures and the installation ofparticularfacilitiestherein as maybe foundreasonablynecessaryfortheprotection of the occupants of the building or structure, its neighbors, and members of the public at large.
The Building Code Council shall modify the NC State Building Code (Fire Prevention) North Carolina Fire Code minimum inspection schedule to include annual inspections of new and existing lodging establishments, including hotels, motels, and tourist homes that provide DRS55043-BGf-3A Page 5 General Assembly Of North Carolina Session 2023 accommodations for seven or more continuous days (extended-stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S.
The Building Code Council shall modify the NC State Building Code (Fire Prevention) North Carolina Fire Code minimum inspection schedule to include annual inspections of new and existing lodging establishments, including hotels, motels, and tourist homes that provide Senate Bill 378-First Edition Page 5 General Assembly Of North Carolina Session 2023 accommodations for seven or more continuous days (extended-stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S.
130A-248, the code official responsible for enforcing the NC State Building Code (Fire Prevention) North Carolina Fire Code shall immediately notify the local health director for the county in which the violation was discovered, or the local health director's designee, by verbal contact and shall also submit awrittenreportdocumenting theviolationofthis subsection to the local health director for the county in which the violation was discovered, or the local health director's designee, on the next working day following the discovery of the violation.
130A-248, the code official responsible for enforcing the NC State Building Code (Fire Prevention) North Carolina Fire Code shall immediatelynotifythe local health director for the county in which the violation was discovered, or the local health director's designee, by verbal contact and shall also submit awrittenreportdocumentingtheviolationofthis subsection to the local health director for the county in which the violation was discovered, or the local health director's designee, on the next working day following the discovery of the violation.
If the code official receives such notification, the code official may reinspect the portions of the lodging establishment that contained violations, but any fees for reinspection shall not exceed the fee charged for the initial inspection.
If the code official receives such notification, the code official mayreinspect the portions of the lodging establishment that contained violations, but any fees for reinspection shall not exceed the fee charged for the initial inspection.
(1) Any rules governing boilers adopted by the Board of Boiler and Pressure Vessels Rules, (2) Any rules relating to the safe operation of elevators adopted by the Commissioner of Labor, and Page 6 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 (3) Any rules relating to sanitation adopted by the Commission for Public Health which the Building Code Council or Residential Code Council believes pertinent.
(1) Any rules governing boilers adopted by the Board of Boiler and Pressure Vessels Rules, (2) Any rules relating to the safe operation of elevators adopted by the Commissioner of Labor, and Page 6 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 (3) Any rules relating to sanitation adopted by the Commission for Public Health which the Building Code Council or Residential Code Council believes pertinent.
However, if during the building code Code inspection process, an electrical inspectorhas any concerns about theelectrical safety of apieceofindustrial machinery, the electrical inspector may refer that concern to the Occupational Safety and Health Division in the North Carolina Department of Labor but shall not withhold the certificate of occupancy nor mandate third-party testing of the industrial machinery based solely on this concern.
However, if during the building code Code inspection process, an electrical inspectorhas anyconcerns about theelectrical safetyof apieceofindustrial machinery, the electrical inspector may refer that concern to the Occupational Safety and Health Division in the North Carolina Department of Labor but shall not withhold the certificate of occupancy nor mandate third-party testing of the industrial machinery based solely on this concern.
The addition to commercial buildings and structures that received a certificate of occupancy prior to January 1, 2012, may be subject to the rules pertaining to energy efficiency and energy conservation that were in effect on December 31, 2011, so long as the addition does not increase the building area of the existing commercial building or structure to more than one hundred fifty percent (150%) of the building area of the commercial building or structure as it was in existence on December 31, 2011.
The addition to commercial buildings and structures that received a certificate of occupancyprior to January 1, 2012, may be subject to the rules pertaining to energy efficiency and energy conservation that were in effect on December 31, 2011, so long as the addition does not increase the building area of the existing commercial building or structure to more than one hundred fifty percent (150%) of the building area of the commercial building or structure as it was in existence on December 31, 2011.
– The Building Code Council shall provide for an exemption from any requirements in the energy efficiency standards pursuant to Chapter 13 of the 2012 North Carolina Building Code and the 2012 Energy Conservation Code, and any subsequent amendments to the North Carolina Building Code and North Carolina Energy Conservation DRS55043-BGf-3A Page 7 General Assembly Of North Carolina Session 2023 Code, for the following use and occupancy classifications pursuant to Chapter 3 of the 2012 North Carolina Building Code:
– The Building Code Council shall provide for an exemption from any requirements in the energy efficiency standards pursuant to Chapter 13 of the 2012 North Carolina Building Code and the 2012 Energy Conservation Code, and any subsequent amendments to the North Carolina Building Code and North Carolina Energy Conservation Senate Bill 378-First Edition Page 7 General Assembly Of North Carolina Session 2023 Code, for the following use and occupancy classifications pursuant to Chapter 3 of the 2012 North Carolina Building Code:
(1) Thealteration, remodeling,renovation,or repairdoes not includethe addition, repair, or replacement of load-bearing structures.
(1) Thealteration, remodeling, renovation,or repairdoes not includethe addition, repair, or replacement of load-bearing structures.
– All regulations contained in the North Carolina State Building Code shall have a reasonable and substantial connection with the public health, safety, morals, or general welfare, health and safety, and their provisions shall be construed reasonably to those ends.
– All regulations contained in the North Carolina State Building Code shall have a reasonable and substantial connection with the public health, safety, morals, or general welfare, health and safety, and their provisions shall be construed reasonablyto those ends.
The Building Code Council and Residential Code Council may use as guidance, but is not required to adopt, the requirements of the International Building Code of the International Code Council, the Standard Building Code of the Southern Building Code Congress International, Inc., the Uniform Building Code of the International Conference of Building Officials, the National Building Code of the Building Officials and Code Administrators, Inc., theNational ElectricCode, theLifeSafety Code,theNational Fuel Gas Code,theFirePrevention Code of the National Fire Protection Association, the Safety Code for Elevators and Escalators, and the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, and standards promulgated by the American National Standards Institute, Standards Underwriters' Laboratories, Inc., and similar national or international agencies engaged in research concerning strength of materials, safe design, and other factors bearing upon health and safety.
The Building Code Council and Residential Code Council may use as guidance, but is not required to adopt, the requirements of the International Building Code of the International Code Council, the Standard Building Code of the Southern Building Code Congress International, Inc., the Uniform Building Code of the International Conference of Building Officials, the National Building Code of the Building Officials and Code Administrators, Inc., theNational ElectricCode, the LifeSafetyCode,theNational Fuel Gas Code,theFirePrevention Code of the National Fire Protection Association, the Safety Code for Elevators and Escalators, and the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, and standards promulgated by the American National Standards Institute, Standards Underwriters' Laboratories, Inc., and similar national or international agencies engaged in research concerning strength of materials, safe design, and other factors bearing upon health and safety.
Residential Code for One- and Two-Family Dwellings, Code, including provisions applicable to One- and Two-Family Dwellings dwellings covered by the North Carolina Residential Code, from the NC North Carolina Energy Conservation Code, NC North Carolina Electrical Code, NC North Carolina Fuel Gas Code, NC North Carolina Plumbing Code, and NC Page 8 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 North Carolina Mechanical Code only every six years, to become effective the first day of January of the following year, with at least six months between adoption and effective date.
Residential Code for One- and Two-Family Dwellings, Code, including provisions applicable to One- and Two-Family Dwellings dwellings covered by the North Carolina Residential Code, from the NC North Carolina Energy Conservation Code, NC North Carolina Electrical Code, NC North Carolina Fuel Gas Code, NC North Carolina Plumbing Code, and NC Page 8 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 North Carolina Mechanical Code only every six years, to become effective the first day of January of the following year, with at least six months between adoption and effective date.
The Building Code Council and Residential Code Council, through the Department of Insurance, shall also publish at least semiannually in the North Carolina Register a statement providing the accurate Web site website address and information on how to find additional commentary and interpretation of the Code.
The Building Code Council and Residential Code Council, through the Department of Insurance, shall also publish at least semiannuallyin the North Carolina Register a statement providing the accurate Web site website address and information on how to find additional commentary and interpretation of the Code.
– When the Building Code Council or Residential Code Council revises or amends the North Carolina State Building Code Code, orany part of the Code, as provided in subsection (d) of this section and considers an economic analysis or cost-benefit analysis of the proposed revision or amendment, the responsible Code Council shall not limit its review to an economic analysis or cost-benefit analysis submitted by the proponent of the proposed revision or amendment but shall either conduct its own economic analysis or cost-benefit analysis or consider an economic analysis or cost-benefit analysis submitted other than by the proponent of the proposed revision or amendment.
– When the Building Code Council or Residential Code Council revises or amends the North Carolina State Building Code Code, or anypart of the Code, as provided in subsection (d) of this section and considers an economic analysis or cost-benefit analysis of the proposed revision or amendment, the responsible Code Council shall not limit its review to an economic analysis or cost-benefit analysis submitted by the proponent of the proposed revision or amendment but shall either conduct its own economic analysis or cost-benefit analysis or consider an economic analysis or cost-benefit analysis submitted other than by the proponent of the proposed revision or amendment.
The territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified by the General Assembly, shall be as follows:
The territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified bythe General Assembly, shall be as follows:
143-139, a local government may not institute a civil action under G.S.
143-139, a local government maynot institute a civil action under G.S.
143-139, 153A-123, DRS55043-BGf-3A Page 9 General Assembly Of North Carolina Session 2023 or 160A-175 based upon the same violation.
143-139, 153A-123, Senate Bill 378-First Edition Page 9 General Assembly Of North Carolina Session 2023 or 160A-175 based upon the same violation.
(Those marked by an asterisk will receive copies only on written request to the Council.) OFFICIAL OR AGENCY NUMBER OF COPIES State Departments and Officials Governor .............................................................................................................1 Lieutenant Governor...........................................................................................1 Auditor................................................................................................................1 Treasurer .............................................................................................................1 Secretary of State................................................................................................1 Superintendent of Public Instruction...................................................................1 Attorney General (Library).................................................................................1 Commissioner of Agriculture..............................................................................1 Commissioner of Labor.......................................................................................1 Commissioner of Insurance ................................................................................1 Department of Environmental Quality........................................................................................................1 Department of Health and Human Service .........................................................1 Division of Adult Correction and Juvenile Justice of the Department of Public Safety......................................................................1 Board of Transportation......................................................................................1 Utilities Commission...........................................................................................1 Department of Administration............................................................................1 Clerk of the Supreme Court................................................................................1 Clerk of the Court of Appeals.............................................................................1 Department of Natural and Cultural Resources [State Library] ......................................................................................................1 Supreme Court Library .......................................................................................1 Legislative Library..............................................................................................1 Office of Administrative Hearings......................................................................1 Rules Review Commission.................................................................................1 Schools All state-supported colleges and universities in the State of North Carolina...................................................................*1 each Local Officials Clerks of the Superior Courts..............................................................................1 each Chief Building Inspector of each incorporated municipality or county...............................................................................1 In addition, the Building Code Council and Residential Code Council shall make additional copies available at such price as it shall deem reasonable to members of the general public.
(Those marked by an asterisk will receive copies only on written request to the Council.) OFFICIAL OR AGENCY NUMBER OF COPIES State Departments and Officials Governor .............................................................................................................1 Lieutenant Governor...........................................................................................1 Auditor................................................................................................................1 Treasurer .............................................................................................................1 Secretary of State ................................................................................................1 Superintendent of Public Instruction...................................................................1 Attorney General (Library).................................................................................1 Commissioner of Agriculture..............................................................................1 Commissioner of Labor.......................................................................................1 Commissioner of Insurance ................................................................................1 Department of Environmental Quality........................................................................................................1 Department of Health and Human Service .........................................................1 Division of Adult Correction and Juvenile Justice of the Department of Public Safety......................................................................1 Board of Transportation......................................................................................1 Utilities Commission...........................................................................................1 Department of Administration............................................................................1 Clerk of the Supreme Court................................................................................1 Clerk of the Court of Appeals.............................................................................1 Department of Natural and Cultural Resources [State Library] ......................................................................................................1 Supreme Court Library .......................................................................................1 Legislative Library..............................................................................................1 Office of Administrative Hearings......................................................................1 Rules Review Commission.................................................................................1 Schools All state-supported colleges and universities in the State of North Carolina...................................................................*1 each Local Officials Clerks of the Superior Courts..............................................................................1 each Chief Building Inspector of each incorporated municipality or county...............................................................................1 In addition, the Building Code Council and Residential Code Council shall make additional copies available at such price as it shall deem reasonable to members of the general public.
The Page 10 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 proceeds from sales of the Building Code Code, or any part of the Code, shall be credited to the Insurance Regulatory Fund under G.S.
The Page 10 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 proceeds from sales of the Building Code Code, or any part of the Code, shall be credited to the Insurance Regulatory Fund under G.S.
and Class III Buildings, as required by Section 1008.4, lines 21 through25shall not be exemptedfromoperation ofthis act as applied to business occupancy buildings, except that the Council shall adopt rules that allow a business occupancy building built prior to 1953 to have a single exit to remain if the building complies with the North Carolina Building Code on or before December 31, 2006.
and Class III Buildings, as required bySection 1008.4, lines 21 through 25shall not be exemptedfrom operation ofthis act as applied to business occupancy buildings, except that the Council shall adopt rules that allow a business occupancy building built prior to 1953 to have a single exit to remain if the building complies with the North Carolina Building Code on or before December 31, 2006.
All building units, structures or components bearing such labels or seals shall be deemed to meet the requirements of the North Carolina State Building Code and this DRS55043-BGf-3A Page 11 General Assembly Of North Carolina Session 2023 Article without further inspection or payment of fees, except as may be required for the enforcement of the Code relative to the connection of units and components and enforcement of local ordinances governing zoning, utility connections, and foundations permits.
All building units, structures or components bearing such labels or seals shall be deemed to meet the requirements of the North Carolina State Building Code and this Senate Bill 378-First Edition Page 11 General Assembly Of North Carolina Session 2023 Article without further inspection or payment of fees, except as may be required for the enforcement of the Code relative to the connection of units and components and enforcement of local ordinances governing zoning, utility connections, and foundations permits.
Upon request in writing by any such person, the enforcement agency through an appropriate official shall within a reasonable time provide a written interpretation, setting forth the facts found, the decision reached, and the Page 12 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 reasons therefor.
Upon request in writing by any such person, the enforcement agency through an appropriate official shall within a reasonable time provide a written interpretation, setting forth the facts found, the decision reached, and the Page 12 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 reasons therefor.
– Whenever any person desires to take an appeal to the Building responsible Code Council from the decision of a State enforcement agency relating to any matter under this Article or under the North Carolina State Building Code, he the appellant shall within 30 days after such the decision give written notice of appeal to the Building responsible Code Council through the Division of Engineering of the Department of Insurance that he desires to take an appeal.
– Whenever any person desires to take an appeal to the Building responsible Code Council from the decision of a State enforcement agency relating to anymatter under this Article or under the North Carolina State Building Code, he the appellant shall within 30 days after such the decision give written notice of appeal to the Building responsible Code Council through the Division of Engineering of the Department of Insurance that he desires to take an appeal.
A copy of such the notice of appeal shall be filed at the same time with theenforcementagencyfromwhichtheappealistaken.Thechairmanofthe Buildingresponsible Code Council shall fix a reasonable time and place for a hearing, giving reasonable notice to the appellant and to the enforcement agency.
A copyof such the notice of appeal shall be filed at the same time with theenforcementagencyfromwhichtheappealistaken.Thechairmanofthe Buildingresponsible Code Council shall fix a reasonable time and place for a hearing, giving reasonable notice to the appellant and to the enforcement agency.
– Where the Building responsible Code Council finds on appealthatmaterialsormethodsofconstructionproposedtobeusedareasgoodasthoserequired by the Code, it shall remand the case to the enforcement agency with instructions to permit the use of such materials or methods of construction.
– Where the Building responsible Code Council finds on appealthatmaterialsormethodsofconstructionproposedtobeusedareas goodasthoserequired by the Code, it shall remand the case to the enforcement agency with instructions to permit the use of such materials or methods of construction.
Website – The Department of Insurance shall post and maintain on that portion of its Web site website devoted to the Building responsible Code Council all appeal decisions, interpretations, and variations of the Code issued by the responsible Code Council within 10 business days of issuance.
Website – The Department of Insurance shall post and maintain on that portion of its Web site website devoted to the Building responsible Code Council all appeal decisions, interpretations, and variations of the Code issued bythe responsible Code Council within 10 business days of issuance.
DRS55043-BGf-3A Page 13 General Assembly Of North Carolina Session 2023 (d) Further Appeals to the Courts.
Senate Bill 378-First Edition Page 13 General Assembly Of North Carolina Session 2023 (d) Further Appeals to the Courts.
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The responsible Code Council may also advise State agencies as to any changes in administrative practices which could be made to improve the enforcement of building laws without statutory changes.
The responsible Code Council mayalso advise State agencies as to anychanges in administrative practices which could be made to improve the enforcement of building laws without statutory changes.
Where appropriate, a zoning regulation may include requirements that street and utility Page 14 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S.
Where appropriate, a zoning regulation may include requirements that street and utility Page 14 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S.
Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional district unless voluntarily consented to by the owners of all the property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, nor may any such regulations be applied indirectly as part of a review pursuant to G.S.
Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional district unless voluntarily consented to by the owners of all the property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, nor mayanysuch regulations be applied indirectlyas part of a review pursuant to G.S.
… DRS55043-BGf-3A Page 15 General Assembly Of North Carolina Session 2023 (c) In performing the specific inspections required by the North Carolina Building Code, the inspector shall conduct all inspections requested by the permit holder for each scheduled inspection.
… Senate Bill 378-First Edition Page 15 General Assembly Of North Carolina Session 2023 (c) In performing the specific inspections required by the North Carolina Building Code, the inspector shall conduct all inspections requested by the permit holder for each scheduled inspection.
This subsection does not limit the authorityofthelocalgovernmenttorequireinspectionsuponunforeseenoruniquecircumstances that require immediate action.
This subsection does not limit the authorityofthelocal governmenttorequireinspectionsuponunforeseenoruniquecircumstances that require immediate action.
When a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, any additional violations of the Code noted by the inspector on items already approved by the inspections department shall not delay the issuance of a temporary certificate of occupancy, and the inspections department shall not charge a fee for reinspection of those items.
When a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, any additional violations of the Code noted bythe inspector on items alreadyapproved bythe inspections department shall not delay the issuance of a temporary certificate of occupancy, and the inspections department shall not charge a fee for reinspection of those items.
Page 16 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 f.
Page 16 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 f.
"(b) A building permit shall be in writing and shall contain a provision that the work done shall comply with the North Carolina State Building Code and all other applicable State and local laws.
"(b) A building permit shall be in writing and shall contain a provision that the work done shall complywith the North Carolina State Building Code and all other applicable State and local laws.
When any provision of the General Statutes of North Carolina or of any ordinance or development or zoning regulation requires that work be done by a licensed specialty contractor of any kind, no building permit for the work shall be issued unless the work is to be performed by such a duly licensed contractor." SECTION 1.(i) This section becomes effective January 1, 2025.
When anyprovision of the General Statutes of North Carolina or of anyordinance or development or zoning regulation requires that work be done bya licensed specialty contractor of any kind, no building permit for the work shall be issued unless the work is to be performed by such a duly licensed contractor." SECTION 1.(i) This section becomes effective January 1, 2025.
DRS55043-BGf-3A Page 17 General Assembly Of North Carolina Session 2023 (2) The addition or change in the design of plumbing.
Senate Bill 378-First Edition Page 17 General Assembly Of North Carolina Session 2023 (2) The addition or change in the design of plumbing.
(4) The use of materials not permitted by the North Carolina State Building Code.
(4) The use of materials not permitted bythe North Carolina State Building Code.
160D-1110(c), cost is the total cost of work, including all building addition, demolition, alteration, and repair work,occurring onthepropertywithin12consecutivemonths." SECTION 2.(c) G.S.
160D-1110(c), cost is the total cost of work, including all building addition, demolition, alteration, and repairwork,occurringonthepropertywithin12consecutivemonths." SECTION 2.(c) G.S.
(4) The use of materials not permitted by the North Carolina State Building Code.
(4) The use of materials not permitted bythe North Carolina State Building Code.
Page 18 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 (2) Require more than one building permit for simultaneous projects at the time oftheapplicationlocatedatthesameaddressandsubjecttotheNorthCarolina Residential Code." SECTION 2.(e) This section is effective October 1, 2023, and applies to permit applications for construction, installation, repair, replacement, remodeling, renovation, or alteration projects submitted on or after that date.
Page 18 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 (2) Require more than one building permit for simultaneous projects at the time oftheapplicationlocatedatthesameaddressandsubjecttotheNorthCarolina Residential Code." SECTION 2.(e) This section is effective October 1, 2023, and applies to permit applications for construction, installation, repair, replacement, remodeling, renovation, or alteration projects submitted on or after that date.
– The Code shall not require routine exterior sheathing inspections for structures or dwellings covered by the North Carolina Building Code or North Carolina Residential Code." SECTION 4.(b) G.S.
– The Code shall not require routine exterior sheathing inspections for structures or dwellings covered bythe North Carolina Building Code or North Carolina Residential Code." SECTION 4.(b) G.S.
A local government may not adopt or enforce a local ordinance or resolution or any other policy that requires routine exterior sheathing inspections for structures or dwellings covered by the North Carolina Building Code or North Carolina Residential Code.
A local government may not adopt or enforce a local ordinance or resolution or anyother policythat requires routine exterior sheathinginspections for structures or dwellings covered by the North Carolina Building Code or North Carolina Residential Code.
The North Carolina Building Code Council shall review all applications for additional inspections requested by a local government and shall, in a reasonable manner, approve or DRS55043-BGf-3A Page 19 General Assembly Of North Carolina Session 2023 disapprove the additional inspections.
The North Carolina Building Code Council shall review all applications for additional inspections requested by a local government and shall, in a reasonable manner, approve or Senate Bill 378-First Edition Page 19 General Assembly Of North Carolina Session 2023 disapprove the additional inspections.
When a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, any additional violations of the Code noted by the inspector on items already approved by the inspections department shall not delay the issuance of a temporary certificate of occupancy, and the inspections department shall not charge a fee for reinspection of those items." SECTION 4.(c) This section is effective when it becomes law and applies permit applications submitted on or after that date.
When a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, any additional violations of the Code noted bythe inspector on items alreadyapproved bythe inspections department shall not delay the issuance of a temporary certificate of occupancy, and the inspections department shall not charge a fee for reinspection of those items." SECTION 4.(c) This section is effective when it becomes law and applies permit applications submitted on or after that date.
"Appendix B Rules" means Sections 106.3.1 and 106.3.2, as amended by the Building Code Council on December 14, 2021, and approved by the Rules Review Commission on February 17, 2022, effective January 1, 2023, within the North Carolina State Building Code:
"Appendix B Rules" means Sections 106.3.1 and 106.3.2, as amended by the Building Code Council on December 14, 2021, and approved bythe Rules Review Commission on February17, 2022, effective January 1, 2023, within the North Carolina State Building Code:
As used in this section, "Council" Page 20 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 means the Building Code Council.
As used in this section, "Council" Page 20 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 means the Building Code Council.
and (iii) R-25 (equivalent U-factor 0.037)for climate zone 5.
and (iii) R-25 (equivalent U-factor 0.037)for climatezone 5.
– As used in this section, "Code" means the current North Carolina State Building Code collection and amendments to the Code, as adopted by the Council.Asused inthis section, "Council" means theBuilding CodeCouncil.
– As used in this section, "Code" means the current North Carolina State Building Code collection and amendments to the Code, as adopted by the Council.Asused inthis section, "Council"means theBuildingCodeCouncil.
SECTION 8.(b) Notwithstanding G.S.
SECTION8.(b) NotwithstandingG.S.
(i)adopt rules to amend Part IV – Energy Conservation (Chapter 11) within the North Carolina State Building DRS55043-BGf-3A Page 21 General Assembly Of North Carolina Session 2023 Code:
(i)adopt rules to amend Part IV – Energy Conservation (Chapter 11) within the North Carolina State Building Senate Bill 378-First Edition Page 21 General Assembly Of North Carolina Session 2023 Code:
– As used in this section, "Code" means the current North Carolina State Building Code collection and amendments to the Code, as adopted by the Council.Asused inthis section, "Council" means theBuilding CodeCouncil.
– As used in this section, "Code" means the current North Carolina State Building Code collection and amendments to the Code, as adopted by the Council.Asused inthis section, "Council"means theBuildingCodeCouncil.
SECTION 9.(b) The Council shall adopt rules to amend the North Carolina Residential Code to include three-family (triplex) and four-family (quadplex) dwellings within its scope by modifying, transitioning, and establishing minimum prescriptive requirements to address thedesign and constructionofthosedwellings andmakeconforming changes to theCode in accordance with this section.
SECTION 9.(b) The Council shall adopt rules to amend the North Carolina Residential Code to include three-family (triplex) and four-family (quadplex) dwellings within its scope by modifying, transitioning, and establishing minimum prescriptive requirements to address thedesign and constructionofthosedwellings and makeconformingchanges to theCode in accordance with this section.
An ordinance adopted by a local government may establish a fee for the review of an erosion and sedimentation control plan and related activities.
An ordinance adopted bya local government mayestablish a fee for the review of an erosion and sedimentation control plan and related activities.
No later than September 1, 2023, the Department of Environmental Quality shall develop a plan for submittal to USEPA that eliminates any program redundancies between the State's Sedimentation Pollution Control Act of 1973 (Act), and its implementation Page 22 DRS55043-BGf-3A General Assembly Of North Carolina Session 2023 of requirements for stormwater discharges from construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit), 87 Federal Register 3522,throughNPDESGeneralPermitNCG010000(NCG01).Specifically,theplanshallinclude measures to streamline permitting requirements to ensure persons conducting land-disturbing activity are required to apply for one permit addressing all federal, State, and local requirements, and, if applicable, that permit may be issued by a local government with delegated authority to operate a local program in order to eliminate (i) unnecessary costs to, and duplication of efforts by, persons initiating land-disturbing activities, (ii) unnecessary delays in project development, and (iii) inefficient use of Department personnel and staff of local governments that administer delegated erosion and sedimentation control programs.
No later than September 1, 2023, the Department of Environmental Quality shall develop a plan for submittal to USEPA that eliminates any program redundancies between the State's Sedimentation Pollution Control Act of 1973 (Act), and its implementation Page 22 Senate Bill 378-First Edition General Assembly Of North Carolina Session 2023 of requirements for stormwater discharges from construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit), 87 Federal Register 3522,through NPDESGeneralPermitNCG010000(NCG01).Specifically,theplanshallinclude measures to streamline permitting requirements to ensure persons conducting land-disturbing activity are required to apply for one permit addressing all federal, State, and local requirements, and, if applicable, that permit may be issued by a local government with delegated authority to operate a local program in order to eliminate (i) unnecessary costs to, and duplication of efforts by, persons initiating land-disturbing activities, (ii) unnecessary delays in project development, and (iii) inefficient use of Department personnel and staff of local governments that administer delegated erosion and sedimentation control programs.
(d1) A local government is prohibited from adopting any regulation that requires an owner of a privately owned and maintained stormwater control project to make payments to the local government forthe purposeof ensuring assets are availableformaintenance, repair,replacement, and reconstruction costs of (i) the owner's stormwater control project or (ii) other stormwater control projects within the local government's jurisdiction.
(d1) A local government is prohibited from adopting anyregulation that requires an owner of a privately owned and maintained stormwater control project to make payments to the local government forthe purposeof ensuringassets are availableformaintenance, repair,replacement, and reconstruction costs of (i) the owner's stormwater control project or (ii) other stormwater control projects within the local government's jurisdiction.
A local government may, however, require an owner of a privately owned and maintained stormwater control project to establish and retain funds for maintenance, repair, replacement, and reconstruction costs for the owner's DRS55043-BGf-3A Page 23 General Assembly Of North Carolina Session 2023 stormwater control project, which shall not exceed ten percent (10%) of the stormwater control project's original cost of construction and shall be retained by the owner of the system.
A local government may, however, require an owner of a privatelyowned and maintained stormwater control project to establish and retain funds for maintenance, repair, replacement, and reconstruction costs for the owner's Senate Bill 378-First Edition Page 23 General Assembly Of North Carolina Session 2023 stormwater control project, which shall not exceed ten percent (10%) of the stormwater control project's original cost of construction and shall be retained by the owner of the system.
160D-925(d1), as enacted by Section 13(a) of this act, the local government shall make such funds accessible to the owner to cover necessary maintenance, repair, replacement, and reconstruction costs for the owner's stormwater control project.
160D-925(d1), as enacted bySection 13(a) of this act, the local government shall make such funds accessible to the owner to cover necessary maintenance, repair, replacement, and reconstruction costs for the owner's stormwater control project.
Page 24 DRS55043-BGf-3A
Page 24 Senate Bill 378-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 6 co-sponsors · 171 not signed on · 10 voted No

Sponsors (2)

Co-sponsors (6)

Not signed on (171)

171 members have not signed on to this bill.

Show all 171 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Failed 0 Yea · 42 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 03005
Republican 0900
Democratic 0303
Total 04208
% of votes cast 0%84%0%16%
How each member voted (50)
Member Party Vote
Barefoot — Nay
Bingham — Nay
Brock — Nay
Curtis — Nay
Foushee — Nay
Harrington — Nay
D.Davis — Nay
VanDuyn — Nay
Brown — Nay
J.Davis — Nay
B.Jackson — Nay
Newton — Nay
Tucker — Nay
J.Jackson — Not Voting
Smith — Not Voting
Smith-Ingram — Not Voting
Apodaca — Nay
Barringer — Nay
Bryant — Nay
Gunn — Nay
Hartsell — Not Voting
Krawiec — Nay
Meredith — Nay
Pate — Nay
Rabin — Nay
Rucho — Not Voting
Soucek — Nay
Tarte — Nay
Tillman — Nay
Wells — Nay
Woodard — Nay
McKissick — Nay
Randleman — Nay
Stein — Nay
Wade — Nay
Amanda P. Cook Democratic Nay
Dan Blue Democratic Not Voting
Gladys A. Robinson Democratic Not Voting
Joyce Waddell Democratic Nay
Paul A. Lowe, Jr. Democratic Not Voting
Tracy Clark Democratic Nay
Bill Rabon Republican Nay
Carl Ford Republican Nay
Michael V. Lee Republican Nay
Norman W. Sanderson Republican Nay
Phil Berger Republican Nay
Ralph Hise Republican Nay
Tom McInnis Republican Nay
W. Ted Alexander Republican Nay
Warren Daniel Republican Nay

Official roll call →

Third Reading

Passed 104 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Democratic 11001
Unaffiliated 700013
Republican 21002
U 1000
Total 1030016
% of votes cast 87%0%0%13%
How each member voted (119)
Member Party Vote
Avila — Yea
Bishop — Yea
Boles — Not Voting
Bradford — Yea
Burr — Yea
Collins — Yea
Conrad — Yea
Dobson — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Gill — Yea
Hardister — Yea
L.Bell — Yea
C.Graham — Yea
G.Graham — Yea
D.Hall — Yea
L.Hall — Yea
Jackson — Yea
R.Johnson — Yea
R.Moore — Yea
Queen — Yea
B.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
Baskerville — Yea
Earle — Yea
Farmer-Butterfield — Yea
Hanes — Yea
Hunter — Yea
Insko — Yea
Luebke — Yea
Salmon — Yea
Terry — Yea
Brawley — Yea
R.Brown — Yea
L.Johnson — Yea
Jones — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
R.Turner — Yea
G.Martin — Not Voting
W.Richardson — Not Voting
B.Brown — Not Voting
Malone — Not Voting
Bryan — Yea
Bumgardner — Yea
Catlin — Not Voting
Cleveland — Yea
Daughtry — Not Voting
Dollar — Yea
Elmore — Not Voting
Faircloth — Yea
Goodman — Not Voting
Hager — Yea
Hamilton — Not Voting
Holley — Not Voting
Holloway — Yea
Horn — Yea
Hurley — Yea
Jeter — Yea
Jordan — Yea
Lewis — Yea
Lucas — Not Voting
McNeill — Yea
Millis — Yea
Pendleton — Yea
Presnell — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
West — Yea
Yarborough — Yea
Zachary — Not Voting
Langdon — Yea
McElraft — Yea
McGrady — Yea
Michaux — Yea
Schaffer — Yea
Stam — Yea
Steinburg — Yea
Whitmire — Yea
Wray — Yea
Becky Carney Democratic Not Voting
Cecil Brockman Democratic Yea
Dante Pittman Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Yea
Joyce Waddell Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Not Voting
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
Tricia Ann Cotham Republican Not Voting
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

public-safety housing labor technology
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Frequently asked questions

Who sponsors SB 378?
SB 378 is sponsored by Brent Jackson (Republican), Steve Jarvis (Republican), Timothy D. Moffitt (Republican), Perry, Carl Ford (Republican), Bobby Hanig (Republican), Krawiec, and Tom McInnis (Republican).
What is the current status of SB 378?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 378?
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