ADOPTS WITH AMENDMENTS:

International Existing Building Code 2012 (IEBC 2012)

Heads up: There are no amended sections in this chapter.

Part 1 — Scope and Application

[A] 101.1 Title

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These regulations shall be known as the North Carolina Existing Building Code as adopted by the North Carolina Building Code Council on December 10, 2013 to be effective March 1, 2015. References to the International Codes shall mean the North Carolina Codes. The North Carolina amendments to the International Codes are underlined.
The provisions of the International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings.
The intent of this code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings.
This code shall apply to the repair, alteration, change of occupancy, addition and relocation of all existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and 101.4.2.
A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the International Building Code or International Residential Code, as applicable, for new construction or with any current permit for such occupancy.

[A] 101.4.2 Buildings Previously Occupied

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The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
All construction work covered in this code, including any related demolition, shall comply with the requirements of Chapter 15.

[A] 101.6 Appendices

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Provisions in the appendices shall not apply unless specifically adopted or referenced in this code.
Repairs or alterations mandated by any property, housing, or fire safety maintenance code or mandated by any licensing rule or ordinance adopted pursuant to law shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to this code unless the code requiring such repair or alteration so provides.

101.8 Requirements of Other State Agencies, Occupational Licensing Boards or Commissions

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The North Carolina State Existing Building Codes do not include all additional requirements for building and structures that may be imposed by other State agencies, occupational licensing boards and commissions. It shall be the responsibility of a permit holder, registered design professional, contractor or occupational license holder to determine whether any additional requirements exist.

101.9 Mixed Use Buildings

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Each portion of a building shall be separately classified as to use. The requirements of this code shall apply to each portion of the building based on the occupancy classification of that portion, except that the most restrictive requirements of this code for fire suppression shall apply to the entire building.

Exception: An automatic fire suppression system shall not be required for uses that would not otherwise require suppression provided that there is a 1-hour separation between the uses requiring suppression and the other uses in the same building. A 2-hour fire separation shall be required to apply this exception to Group H.

101.10 High-Rise Buildings

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High-rise buildings constructed prior to 1978 shall at a minimum comply with North Carolina General Statute 143-138, Section (i). The statute may be viewed at the following web address: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-138.html.

101.11 Accessibility for Detached One- And Two-Family Dwellings and Townhouses

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In detached one- and two-family dwellings and townhouses, where there are four or more dwelling units or sleeping units in a single structure, the provisions for accessibility of this code for Group R-3 shall apply.

101.12 Energy Conservation

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This section has been amended at the state or city level.
Per G.S. 143-138 (b18), no energy conservation code provisions shall apply to any structure for which the primary occupancy classification is Group F, S, or U. This exclusion shall apply to the entire building area.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where in any specific case different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.
References to chapter or section numbers or to provisions not specifically identified by number shall be construed to refer to such chapter, section, or provision of this code.
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall govern.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code as applicable, shall take precedence over the provisions in the referenced code or standard.
In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

Part 2 — Administration and Enforcement

Section 103 Department of Building Safety

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103.1 Creation of Enforcement Agency

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103.2 Appointment

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103.3 Deputies

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Section 103 Department of Building Safety

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See the North Carolina Administrative Code and Policies.

104.1 General

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104.1 General

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See the North Carolina Administrative Code and Policies.

104.2 Applications and Permits

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104.2.1 Preliminary Meeting

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104.2.1.1 Building Evaluation

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104.2 Applications and Permits

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See the North Carolina Administrative Code and Policies.

104.3 Notices and Orders

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104.3 Notices and Orders

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See the North Carolina Administrative Code and Policies.

104.4 Inspections

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104.4 Inspections

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See the North Carolina Administrative Code and Policies.

104.5 Identification

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104.5 Identification

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See the North Carolina Administrative Code and Policies.

104.6 Right of Entry

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104.6 Right of Entry

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See the North Carolina Administrative Code and Policies.

104.7 Department Records

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104.7 Department Records

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See the North Carolina Administrative Code and Policies.

104.8 Liability

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104.8 Liability

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See the North Carolina Administrative Code and Policies.

104.9 Approved Materials and Equipment

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104.9.1 Used Materials and Equipment

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104.9 Approved Materials and Equipment

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This section has been amended at the state or city level.
See the North Carolina Administrative Code and Policies.
Wherever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Building Safety.

104.10.1 Flood Hazard Areas

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This section has been amended at the state or city level.
For existing buildings located in flood hazard areas for which repairs, alterations and additions constitute substantial improvement, the code official shall not grant modifications to provisions related to flood resistance unless a determination is made that:
  1. The applicant has presented good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render compliance with the flood-resistant construction provisions inappropriate.
  2. Failure to grant the modification would result in exceptional hardship.
  3. The granting of the modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense nor create nuisances, cause fraud on or victimization of the public or conflict with existing laws or ordinances.
  4. The modification is the minimum necessary to afford relief, considering the flood hazard.
  5. A written notice will be provided to the applicant specifying, if applicable, the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and that construction below the design flood elevation increases risks to life and property.
Local ordinances more restrictive than the requirements of this section supersede these requirements.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the code official for the period required for retention.

Section 105 Permits

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105.1 Required

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105.1.1 Annual Permit

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105.1.2 Annual Permit Records

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105.2 Work Exempt From Permit

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105.2.1 Emergency Repairs

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105.2.2 Repairs

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105.2.3 Public Service Agencies

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105.3 Application for Permit

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105.3.1 Action on Application

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105.3.2 Time Limitation of Application

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105.4 Validity of Permit

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105.5 Expiration

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105.6 Suspension or Revocation

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105.7 Placement of Permit

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Section 105 Permits

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See the North Carolina Administrative Code and Policies.

Section 106 Construction Documents

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106.1 General

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106.2 Construction Documents

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106.2.1 Construction Documents

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106.2.2 Fire Protection System(s) Shop Drawings

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106.2.3 Means of Egress

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106.2.4 Exterior Wall Envelope

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106.2.5 Site Plan

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106.3 Examination of Documents

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106.3.1 Approval of Construction Documents

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106.3.2 Previous Approval

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106.3.3 Phased Approval

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106.3.4 Deferred Submittals

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106.4 Amended Construction Documents

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106.5 Retention of Construction Documents

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106.6 Design Professional in Responsible Charge

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Section 106 Construction Documents

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See the North Carolina Administrative Code and Policies.

Section 107 Temporary Structures and Uses

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107.1 General

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107.2 Conformance

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107.3 Temporary Power

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107.4 Termination of Approval

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Section 107 Temporary Structures and Uses

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See the North Carolina Administrative Code and Policies.

Section 108 Fees

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108.1 Payment of Fees

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108.2 Schedule of Permit Fees

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108.3 Building Permit Valuations

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108.4 Work Commencing Before Permit Issuance

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108.5 Related Fees

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108.6 Refunds

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Section 108 Fees

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See the North Carolina Administrative Code and Policies.

Section 109 Inspections

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109.1 General

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109.2 Preliminary Inspection

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109.3 Required Inspections

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109.3.1 Footing or Foundation Inspection

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109.3.2 Concrete Slab or Under-Floor Inspection

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109.3.3 Lowest Floor Elevation

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109.3.4 Frame Inspection

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109.3.5 Lath or Gypsum Board Inspection

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109.3.6 Fire and Smoke-Resistant Penetrations

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109.3.7 Other Inspections

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109.3.8 Special Inspections

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109.3.9 Final Inspection

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109.4 Inspection Agencies

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109.5 Inspection Requests

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109.6 Approval Required

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Section 109 Inspections

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This section has been amended at the state or city level.
See the North Carolina Administrative Code and Policies.

Section 110 Certificate of Occupancy

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110.1 Altered Area Use and Occupancy Classification Change

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110.2 Certificate Issued

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110.3 Temporary Occupancy

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110.4 Revocation

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Section 110 Certificate of Occupancy

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This section has been amended at the state or city level.
See the North Carolina Administrative Code and Policies.

Section 111 Service Utilities

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111.1 Connection of Service Utilities

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111.2 Temporary Connection

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111.3 Authority to Disconnect Service Utilities

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Section 111 Service Utilities

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See the North Carolina Administrative Code and Policies.

Section 112 Board of Appeals

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112.1 General

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112.2 Limitations on Authority

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112.3 Qualifications

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Section 112 Board of Appeals

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See the North Carolina Administrative Code and Policies.

Section 113 Violations

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113.1 Unlawful Acts

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113.2 Notice of Violation

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113.3 Prosecution of Violation

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113.4 Violation Penalties

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Section 113 Violations

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See the North Carolina Administrative Code and Policies.

Section 114 Stop Work Order

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114.1 Authority

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114.2 Issuance

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114.3 Unlawful Continuance

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Section 114 Stop Work Order

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See the North Carolina Administrative Code and Policies.

Section 115 Unsafe Buildings and Equipment

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115.1 Conditions

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115.2 Record

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115.3 Notice

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115.4 Method of Service

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115.5 Restoration

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Section 115 Unsafe Buildings and Equipment

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See the North Carolina Administrative Code and Policies.

Section 116 Emergency Measures

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116.1 Imminent Danger

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116.2 Temporary Safeguards

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116.3 Closing Streets

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116.4 Emergency Repairs

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116.5 Costs of Emergency Repairs

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116.6 Hearing

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Section 116 Emergency Measures

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See the North Carolina Administrative Code and Policies.

Section 117 Demolition

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117.1 General

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117.2 Notices and Orders

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117.3 Failure to Comply

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117.4 Salvage Materials

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Section 117 Demolition

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This section has been amended at the state or city level.
See the North Carolina Administrative Code and Policies.
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