Heads up:
There are no amended sections in this chapter.
This document is "The North Carolina Administrative
Code and Policies," hereinafter known as "this code."
Any references to International Codes shall refer to North
Carolina State Building Codes.
The purpose of this code is to provide for the
administration and enforcement of the North Carolina State
Building Codes as adopted by the Building Code Council and
enforced by State and local code enforcement officials. This
code is incorporated by reference into the North Carolina
Building, Accessibility, Plumbing, Mechanical, Electrical,
Fire Prevention, Fuel Gas, Energy Conservation, Existing
Buildings, Rehabilitation, and Residential Codes, hereinafter
referred to collectively as the "technical codes." This code is
intended to provide for the administrative aspects of each of the
technical codes. In this code, the plumbing, mechanical, electrical,
fire prevention and gas systems shall be referred to as
"service systems."
The North
Carolina State Building Codes do not include all additional
requirements for buildings and structures that may be
imposed by other state agencies, occupational licensing
boards or commissions. It shall be the responsibility of a
permit holder, design professional, contractor or occupational
license holder to determine whether any additional
requirements exist.
Commentary: Many State agencies, occupational licensing
boards or commissions have specific design and construction
requirements that are not incorporated into the North
Carolina State Building Codes and are not enforced by code
enforcement officials. Permit holders, design professionals,
contractors or occupational license holders should consult
with any relevant boards or agencies to determine whether
there are any additional construction and design requirements
for their projects.
The provisions
of the Building Code shall apply to the construction,
alteration, repair, equipment, use and occupancy,
location, movement to another site, removal and demolition,
or any appurtenances connected or attached to
every building or structure, other than one- or two-family
dwellings and townhouses.
The accessibility provisions shall apply to the construction,
alteration, repair, replacement, equipment, appliances,
fixtures, fittings and appurtenances of all
buildings or structures, other than one- and two-family
dwellings and townhouses.
The provisions
of the Plumbing Code shall apply to every plumbing
installation, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings
and appurtenances.
The provisions
of the Mechanical Code shall apply to the installation
of mechanical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures,
fittings and appurtenances, including ventilating, heating,
cooling, air-conditioning and refrigeration systems,
incinerators and other energy-related systems.
The provisions
of the Electrical Code shall apply to the installation
of electrical systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings
and appurtenances.
The
provisions of the Fire Prevention Code shall apply to the
repair, equipment, use, occupancy and maintenance of
every existing building or structure, other than one- or
two-family dwellings and townhouses. The provisions
of the fire prevention code shall apply to the installation
of fire protection systems.
The provisions
of the Fuel Gas Code shall apply to the installation
of gas piping systems extending from the point of delivery
to the inlet connections of equipment served, and the
installation and operation of residential and commercial
gas appliances and related accessories.
The provisions of the Energy Conservation Code shall
apply to the thermal envelope of the building and installation
of energy systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings
and appurtenances, ventilating, heating, cooling,
air-conditioning and refrigeration systems, incinerators
and other energy-related systems.
All work on any building that undergoes alterations,
repairs, replacement, rehabilitation or change of occupancy
shall comply with the Existing Buildings Code or
the technical codes for the proposed work.
All
work on any building that undergoes alterations, repairs,
replacement, rehabilitation or change of occupancy shall
comply with the Rehabilitation Code or the technical
codes for the proposed work.
The provisions
of the Residential Code shall apply to the construction,
alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy,
location, removal and demolition of detached one- and
two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories in height
with a separate means of egress and their accessory
structures.
Commentary: Exceptions to the technical codes. Note that
there are statutory exceptions to the applicability of the technical
codes. These exceptions can be found in North
Carolina General Statutes (NCGS) § 143-138(b). The exceptions
include (1) farm buildings located outside the jurisdiction
of any municipality; (2) equipment for storing,
handling, transporting and utilizing liquefied petroleum
gases for fuel purposes and (3) equipment or facilities, other
than buildings, of a public utility, as defined in NCGS § 62-3,
or of an electric or telephone membership corporation, including
poles, towers and other structures supporting electric
or communication lines.
Commentary: Farm building means any building that is not
open to the general public and is used primarily for a bona
fide farm purpose. A bona fide farm purpose includes the
production or storage of agricultural products or commodities,
including crops, fruits, vegetables, ornamental or flowering
plants, dairy, timber, livestock, poultry and all other
forms of agricultural products. Farm buildings do not include
such buildings used for purposes of education and research.
Workmanship is not within the
purview of the technical codes unless specifically stated
within the code.
Provisions in the appendices shall not
be enforceable unless specifically incorporated in the technical
codes.
Commentary: Use of appendices. An appendix is part of the
technical codes only when the technical code specifically
references that appendix in the body of the technical
code. Conversely, appendices that are not referenced in the
technical codes are not part of the North Carolina Building
Codes. These nonenforceable appendices are provided
solely for the convenience of the reader. Each appendix
will indicate under its title whether it is enforceable and
required as part of the technical code.
Standards referenced in the
technical codes shall be considered an integral part of the
codes. If specific portions of a standard are denoted by code
text, only those specific portions of the standard shall be
enforced. Where code provisions conflict with a standard,
the code provisions shall be enforced. Permissive and advisory
provisions in a standard shall not be construed as mandatory.
Additions, alterations, repairs,
replacement, rehabilitations or changes of occupancy shall
be permitted to any existing structure or service system
without requiring the existing systems to comply with all the
requirements of the current building codes. All new work
shall conform to the requirements of the technical codes for
new construction except as modified by either the existing
buildings code or the rehabilitation code. For any portion of
an existing building or service system that creates a hazard
or unsafe condition, the code enforcement official shall
determine the extent to which that portion of the existing
building or service system is to be upgraded to conform to
the requirements of either the Existing Buildings Code, the
Rehabilitation Code or the technical codes.
- Any person wishing to file a petition requesting the adoption, amendment or repeal of a rule by the Building Code Council shall file a written petition on a form provided by the Building Code Council and 21 copies with the Building Code Council Secretary.
- The petition shall include the following information:
- Name, address and occupation of petitioner;
- A summary of the proposed action (adoption, amendment or repeal of a rule or rules);
- A draft of the proposed rule or other action;
- A complete statement of the reason for the proposed action with supporting documentation;
- An identification of the persons or class of persons most likely to be affected by the proposed action; and
- An economic impact analysis as required by General Statute §143-138(a).
The presiding officer at any rule-making
hearing shall have control of the proceedings, including:
recognition of speakers, time allotments for presentations, the
right to question speakers, direction of the discussion and management
of the hearing.
A record of rule-making proceedings
will be available for public inspection during regular
office hours at the Building Code Council's office. This record
will contain the original petition, if any, the notice, all written
memoranda and information submitted, and a record or summary
of oral presentations, if any, and, in any case where a proposal
was rejected, the reason therefore.
Any rules that are adopted by the
Building Code Council and approved by the Rules Review
Commission shall be effective when the next edition of the relevant
technical code is effective as provided in Rule 102.6 unless
specified otherwise by the Building Code Council.
Any rules that are
adopted by the Building Code Council and approved by the
Rules Review Commission shall be accepted by the Code
Enforcement Official as an alternate method of construction
prior to the effective date if requested by the owner or his agent.
The provisions of any
code edition which have been approved by both the Building
Code Council and the Rules Review Commission shall become
effective the first day of January of the following year unless
specified otherwise by the Building Code Council.
- There shall be no specific form required for complaints. To be sufficient, a complaint shall be in writing, identify the parties and shall reasonably apprise the Building Code Council of the facts that form the basis of the complaint.
- There shall be no specific form required for answers, motions or other pleadings relating to appeals before the Building Code Council, except they shall be in writing. To be sufficient, the document shall identify the case to which it refers and reasonably apprise the Building Code Council of the matters it alleges, answers or requests. In lieu of submission in writing, motions, requests and other pleadings may be made on the record during the course of the hearing before the Building Code Council.
Hearings before the Building
Code Council shall be governed by the provisions of General
Statutes 150B, Article 3A.
The Building Code Council may designate
any of its members to preside over the hearing in a case
on appeal. When no designation is made, the chairman of the
Building Code Council shall preside, or, in his absence, the
vice chairman shall preside. The presiding officer shall rule on
motions or other requests made in an appeal case prior to the
hearing in that case, except when the ruling on the motion
would be dispositive of the case. When the ruling on a motion
or request would be dispositive of the case, the presiding officer
shall make no ruling and the motion or request shall be
determined by a majority of the Building Code Council.
The Building Code Council's Secretary
may grant the first request for a continuance of a hearing for
good cause. Any subsequent requests for continuance may be
granted by the chairman of the board. The granting of a continuance
is wholly discretionary.
Whenever there are practical difficulties
involved in carrying out the provisions of the technical codes,
the Building Code Council shall have the authority to grant
modifications for individual cases, after the Building Code
Council finds on appeal that (1) special individual reasons,
conditions, and/or circumstances exist that make the strict letter
of the technical codes impractical, (2) the modification is in
compliance with the intent and purpose of the technical codes,
and (3) the modification does not lessen health, accessibility,
life, fire-safety or structural requirements.
Commentary: Limitation on what constitutes practical difficulties.
This section is not intended to permit setting aside or
ignoring a code provision; rather, it is intended to provide for
the acceptance of equivalent protection. Such modifications
do not, however, extend to actions that are necessary to correct
violations of the code. In other words, a code violation
or the expense of correcting a code violation does not necessarily
constitute a practical difficulty.
Construction specifications
and drawings, including Appendix B of this code, for buildings
specified in Table 104.1 shall be submitted to the Engineering
Division of the North Carolina Department of
Insurance. The Engineering Division shall grant document
approval before a permit is issued on any building listed in
Table 104.1.
For SI: 1 square foot = 0.0929 m2.
| OCCUPANCY GROUP | BUILDING PLANS TO BE APPROVED |
|---|---|
| Section 403 — High Rise1 | All buildings |
| Section 402 — Covered Mall Buildings1 | All buildings |
| City/county owned | All buildings 20,000 sq. ft. or greater as required by G.S. §58-31-40 |
| Group A1, 2 | Occupant load over 1,000 |
| Group E1 | Over 2 stories or over 20,000 sq. ft./story |
| Group H1 | Occupant load over 100 |
| Group I1 | Over 3 stories or over 10,000 sq. ft./story |
| Group R1 | Over 4 stories or over 100 units/building |
- Plans and specifications are not required by the Engineering Division on buildings, except city/county owned, that are located in a city or county inspection jurisdiction approved to perform plans review.
- Except temporary bleachers.
Commentary: The square footage listed above refers to the
footprint of a new building or building addition.
The occupant loads refer to a new building or building addition area only.
For the purpose of this table only, the occupant load for a church is based on the occupant load of the Occupant Group A-3 main meeting area. If the A-3 area is over 1,000 occupants, then DOI plan review is required unless exception 2 applies.
General Statute 58-31-40 indicates that such city/countyowned buildings must be greater than 20,000 square feet (1858 m2) of new or additional building footprint to require DOI review. The 20,000 square feet (1858 m2) applies to individual structures on the site and not the sum of the structures.
The occupant loads refer to a new building or building addition area only.
For the purpose of this table only, the occupant load for a church is based on the occupant load of the Occupant Group A-3 main meeting area. If the A-3 area is over 1,000 occupants, then DOI plan review is required unless exception 2 applies.
General Statute 58-31-40 indicates that such city/countyowned buildings must be greater than 20,000 square feet (1858 m2) of new or additional building footprint to require DOI review. The 20,000 square feet (1858 m2) applies to individual structures on the site and not the sum of the structures.
- An inspection department may make a written request to the Building Code Council to review plans and specifications on buildings listed in Table 104.1. This authority shall be granted provided that the inspection department is adequately staffed by code enforcement officials with Standard Level III Certificates issued by the North Carolina Code Officials Qualification Board in all areas.
- Local inspection departments approved under this section shall be listed on the Department of Insurance web page, or a list shall be provided by the Building Code Council Secretary. www.ncdoi.com/osfm.
The provisions of this code are intended to
allow the use of any alternate material, design or method of
construction, provided that the alternate has been approved by
the code enforcement official. An alternative material, design
or method of construction shall be approved where the code
enforcement official finds that the proposed alternative material,
design or method of construction complies with the intent
and provisions of the technical codes.
Commentary: The technical codes are not intended to inhibit
innovative ideas or technological advances. A comprehensive
regulatory document, such as the North
Carolina Building Codes, cannot envision and then address
all future innovations in the industry. As a result, a
performance code must be applicable to and provide a basis
for the approval of an increasing number of newly developed,
innovative materials, systems and methods for
which no code text or referenced standards yet exist. The
fact that a material, product or method of construction is
not addressed in the technical codes is not an indication
that such material, product or method is intended to be
prohibited. The code enforcement official is expected to
apply sound technical judgment in accepting materials,
systems or methods that, while not anticipated by the
drafters of the current code text, can be demonstrated to
offer equivalent performance. By virtue of its text, the
code regulates new and innovative construction practices
while addressing the relative safety of building occupants.
The code enforcement official is responsible for determining
if a requested alternative provides the
equivalent level of protection of public health, safety and
welfare as required by the code.
Whenever there is insufficient evidence
of compliance with the provisions of the technical codes,
or evidence that a material, design or method does not conform
to the requirements of the technical codes, or in order to substantiate
claims for an alternative material, design or method,
the code enforcement official shall have the authority to require
tests as evidence of compliance to be made at no expense to the
authority having jurisdiction. Test methods shall be as specified
in the technical codes or by other recognized test standards.
In the absence of recognized and accepted test methods,
the code enforcement official shall approve the testing procedures.
A current permit is required for all
work described in the technical codes unless specifically
exempted by the North Carolina General Statutes or the technical
codes.
Commentary: Reference North Carolina General Statutes
§153A-357 and §160A-417 for exemptions.
Drawings and specifications, as
required by the inspection department, shall be drawn to
scale with sufficient clarity and detail to indicate the nature
and character of the work and shall accompany the application
for a permit. All information, drawings, specifications
and accompanying data shall bear the name, address and
signature of the person responsible for the design.
Exception: Projects using the Building Information
Modeling-Integrated Project Delivery (BIM-IPD) process,
see Section 106.2.3.1.
The inspection department may
require details, computations, stress diagrams or documentation
sealed by a registered design professional and other
data necessary to describe the construction or installation of
a system.
Exception: Projects using the BIM-IPD process, see
Section 106.2.3.1.
When the inspection department
issues a permit, it shall approve, in writing or by stamp,
all sets of drawings and specifications "Reviewed for Code
Compliance."
Exception: Nothing in this section shall require the
review and approval of one- and two-family dwelling
plans.
Commentary: Drawings and specifications shall be kept in a
manner prescribed by North Carolina General Statutes
§153A-373 and §160A-433.
When proposed by
the permit applicant and when acceptable to the authority
having jurisdiction, the BIM-IPD process may be utilized,
replacing the requirements of Section 106.2.3,
with the following permitting and inspection steps.
- At the project start, the owner's project team (Architect, Engineer, contractor, et al.) shall meet with the Code Enforcement Official (CEO) to determine the prevailing code compliance strategy for the full scope of the project, to be documented in an electronic Appendix B format or an equivalent format, acceptable to the CEO.
- The CEO may issue a single project master permit,
based on the initial project description and code
compliance strategy agreement.
Commentary: The CEO should work collaboratively to review building components or details as scheduled by the owner's project team. - The CEO shall inspect built work, as described in
Section 107 of this code.
- 3.1 Concurrence on compliance with the code, with respect to both the model and built product, shall be gained before inspections are approved.
- The owner's project team shall submit a validation
document, at project substantial completion, documenting
the building as constructed and compliance
with the North Carolina State Building Code,
for records retention by the Authority Having
Jurisdiction. Validation document: may be a three
dimensional model, two dimensional electronic
drawings and records, or a combination of both,
accurately reflecting the completed building as
approved by the code official in the field, and verified
with respect to same.
- Where the validation document varies from the approved virtual model regarding building code compliance, the related Architect/ Engineer must approve the change.
- Receipt of the validation document shall be a condition on issuance of Certificate of Occupancy.
BIM: Model-based technology linked with a data base
of project information, using three-dimensional, real
time dynamic modeling software, to plan all building
construction. The model encompasses building geometry,
spatial relationships, geographic information, and
quantities and properties of building components.
IPD: A project delivery method that integrates key participants (owner, Architect, Engineer, contractor, code official, et al.), systems, business structures and practices into a process that collaboratively plans and constructs facilities. The collaborative process begins in early design and continues through all phases of design, fabrication and construction.
IPD: A project delivery method that integrates key participants (owner, Architect, Engineer, contractor, code official, et al.), systems, business structures and practices into a process that collaboratively plans and constructs facilities. The collaborative process begins in early design and continues through all phases of design, fabrication and construction.
Commentary: This applies to any project delivery method
employing three dimensional modeling software, to virtually
construct all building components, by a collaborative team
based process from design start to construction completion.
The inspection department shall perform the
following inspections:
- Footing inspection;
- Under slab inspection, as appropriate;
- Foundation inspection;
- Rough-in inspection;
- Building framing inspection;
- Insulation inspection;
- Fire protection inspection; and
- Final inspection.
Commentary: The code enforcement official makes these inspections
during certain phases of construction and is not on
site at all times when construction is in progress. The code
official verifies code compliance and/or code defects visible
and subject to discovery during the above listed inspections
and spot checks numerous similar items.
Nothing in any of Sections 107.1.1 through 107.1.8 requirements is intended to prevent partial inspections of the inspection types listed in Section 107.1 "General" as requested by the permit holder as allowed by the local inspection department. Cumulative partial inspections approved by the code official shall satisfy the same degree of readiness for inspection for viewing as described in Sections 107.1.1 through 107.1.8.
Not all items, such as, but not — limited to, nailing of roof or other sheathing material, are always visible at framing inspection, but remain the responsibility of the permit holder to comply with the code.
Temporary electrical service poles may be inspected at any phase of construction as requested by the permit holder. Temporary utility (TU) applications deemed safe by the AHJ or as otherwise permitted by the code shall be allowed.
Nothing in any of Sections 107.1.1 through 107.1.8 requirements is intended to prevent partial inspections of the inspection types listed in Section 107.1 "General" as requested by the permit holder as allowed by the local inspection department. Cumulative partial inspections approved by the code official shall satisfy the same degree of readiness for inspection for viewing as described in Sections 107.1.1 through 107.1.8.
Not all items, such as, but not — limited to, nailing of roof or other sheathing material, are always visible at framing inspection, but remain the responsibility of the permit holder to comply with the code.
Temporary electrical service poles may be inspected at any phase of construction as requested by the permit holder. Temporary utility (TU) applications deemed safe by the AHJ or as otherwise permitted by the code shall be allowed.
Footing inspections shall be
made after the trenches are excavated, all grade stakes are
installed, all reinforcing steel and supports are in place and
tied, and all necessary forms are in place and braced before
any concrete is placed.
Under-slab inspections, as
appropriate, shall be made after all materials and equipment
to be concealed by the concrete slab are completed.
Foundation
and crawl space inspections shall be made after all foundation
supports are installed.
Commentary: Foundation inspections are conducted to verify
correct installation and proper bearing support. Poured
concrete and masonry walls that have reinforcement steel
should be inspected prior to concrete placement. Crawl
space leveling, ground clearances, positive drainage and
waterproofing/dampproofing, when required, may be inspected
at future inspections prior to concealment.
Rough-in inspections shall
be made when all building framing and parts of the electrical,
plumbing, fire protection, or heating-ventilation or
cooling system that will be hidden from view in the finished
building have been placed, but before any wall, ceiling finish,
or building insulation is installed.
Commentary: Plumbing, mechanical, and electrical components
installed underground should be considered as
rough-in inspections and may be inspected at any point during
construction prior to covering.
Framing inspections
shall be made after the roof (excluding permanent roof covering),
wall ceiling, and floor framing is complete with
appropriate blocking, bracing, and firestopping in place.
The following items shall be in place and visible for inspection:
- Pipes;
- Chimneys and vents;
- Flashing for roofs and chimneys;
- Insulation baffles; and
- All lintels that are required to be bolted to the framing for support shall not be covered by any exterior or interior wall or ceiling finish material before approval. Work may continue without approval for lintels supported on masonry or concrete.
Commentary: Intent of this section is to identify a building's
level of readiness and what can be visible at this stage of construction.
This stage of construction is intended to review
structural components. The permanent roof covering may or
may not be installed prior to framing inspection.
The following items should be in place and visible for inspection: pipes, chimneys and vents, flashing, and required exterior water-resistant barriers.
The following items should be in place and visible for inspection: pipes, chimneys and vents, flashing, and required exterior water-resistant barriers.
Insulation inspections shall
be made after an approved building framing and rough-in
inspection and after the permanent roof covering is
installed, with all insulation and vapor retarders in place, but
before any wall or ceiling covering is applied.
Commentary: Insulation baffles that cannot be seen at this
inspection, such as vaulted ceilings with concealed rafter
cavities, should have baffles installed at framing inspection
for verification.
It is acceptable that wall cavity insulation enclosed by an air barrier material behind tubs, showers, and fireplace units installed on exterior walls may not be observable by the code official.
It is acceptable that wall cavity insulation enclosed by an air barrier material behind tubs, showers, and fireplace units installed on exterior walls may not be observable by the code official.
Fire protection inspections
shall be made in all buildings where any material is
used for fire protection purposes. The permit holder or his
agent shall notify the inspection department after all fire protection materials are in place. Fire protection materials
shall not be concealed until inspected and approved by the
code enforcement official.
Commentary: Fire protection inspection is typically performed
in commercial building structures and is required in
addition to any special inspection as listed in Chapter 17 of
the North Carolina Building Code.
Final inspections shall be made
for each trade after completion of the work authorized under
the technical codes.
Commentary: Each trade shall complete a final inspection
giving approval to permitted work. Work required by the
technical codes shall be complete before being requested.
Temporary power and temporary certificate of occupancy
(TCO) requests are allowed prior to final inspection.
It shall be the duty of the permit
holder or his or her agent to notify the code enforcement official
when work is ready for inspection and to provide access to
and means for inspection of the work for any inspections that
are required by this code.
Work shall not be done beyond the
point indicated in each successive inspection without first
obtaining the approval of the code enforcement official. The
code enforcement official, upon notification, shall make the
requested inspections and shall either indicate the portion of
the construction that is satisfactory as completed, or shall
notify the permit holder or an agent of the permit holder that the
work fails to comply with the technical codes. The code
enforcement official shall identify code violations and when
requested shall identify the specific sections of the technical
codes. Any work that does not comply shall be corrected and
shall not be covered or concealed until authorized by the code
enforcement official.
The code enforcement official may
authorize a North Carolina registered design professional to
inspect the following structural elements, components and systems:
- The excavation of soil and/or forming of footings with the associated placement of reinforcing steel prior to pouring concrete; and
- The forming of floors, columns, beams and other structural members, including the placement of reinforcing steel prior to pouring concrete.
Special inspections required by the
building code or the building inspector shall be performed by a
North Carolina registered design professional or an inspector
under his responsible charge.
