Chapter 2 is provided as procedural policies.
Items discussed in this chapter are intended as commentary to
the General Statutes.
www.ncbuildingcodes.com
The Building Code Council has the following
duties:
- Prepare and adopt the North Carolina Building Code;
- Revise or amend the code;
- Hear appeals from decisions of state enforcement agencies as to any matter related to the code;
- Make a thorough and continuing study of the manner of enforcement of the code and building laws;
- Make recommendations to State agencies about any changes in administrative practices which could improve the enforcement of the code or building laws; and
- Recommend to the General Assembly statutory changes to simplify and improve the building laws.
The Building Code Council shall consist
of 17 members appointed by the governor as follows:
1 and 2. Two registered architects;
1 and 2. Two registered architects;
- One licensed general contractor;
- One licensed general contractor specializing in residential construction;
- One licensed general contractor specializing in coastal residential construction;
- One licensed engineer practicing structural engineering;
- One licensed engineer practicing mechanical engineering;
- One licensed engineer practicing electrical engineering;
- One licensed plumbing and heating contractor;
- One municipal or county building inspector;
- One representative of the public who is not a member of the building construction industry;
- One licensed electrical contractor;
- One licensed engineer on the engineering staff of a State agency charged with approval of plans of State-owned buildings;
- One representative of the fire services;
- One licensed liquid petroleum gas dealer/contractor involved in the design of natural and liquified petroleum gas systems who has expertise and experience in natural and liquid petroleum gas piping, venting and appliances;
- One municipal elected official or city manager; and
- One county commissioner or county manager.
The Building Code Council
shall elect a chairman and vice chairman from its appointed
members. The officers shall serve for a period of two years
from the date of election or until their successors are elected.
The Building Code Council shall appoint a person to serve as
secretary to the Building Code Council from the Engineering
Division of the Department of Insurance.
(General Statute 143-137)
(General Statute 143-137)
The Building Code Council shall meet at least
every 6 months. Special meetings may be called by the chairman.
Any seven members of the Building Code Council shall
constitute a quorum. Information concerning the exact time
and place of each meeting shall be made available from the
Engineering Division of the Department of Insurance 15 days
prior to each such meeting. Agenda items, other than proposed
amendments, must be submitted to the Building Code Council
Secretary 21 days prior to the scheduled meeting.
(General Statute 143-137)
(General Statute 143-137)
The Building Code Council
may revise or amend the code, either on its own motion or upon
application from any person, state agency or political subdivision
of the state. Each request to amend the code shall comply
with the following policies of the Building Code Council:
Twenty-one copies of the proposed amendment
with supporting documentation shall be filed with the
Building Code Council Secretary.
The filing shall be received by the first day of the
month prior to the quarterly scheduled meeting date.
Each request shall be legibly printed, typed or copied
on a form (see Appendix C) available from the North
Carolina Department of Insurance, Building Code Council
section and shall contain the following:
- The proposed amendment must be set forth in full and contain an explicit reference to the affected section or sections of the code;
- The request shall state the reasons for the proposed amendment with supporting documentation;
- The proposed amendment shall comply with the standards set forth in General Statute 143-138(c) and reference to the particular standards shall be set forth in the request for the amendment; and
- The proposed amendment shall contain an economic impact analysis as required by General Statute 143-138(a).
When a request is improperly filed or not in accordance
with all the rules listed above, the Building Code
Council Secretary shall reject the submittal and notify the
applicant of the proper procedure to follow.
Upon the proper filing of a request, the Building
Code Council Secretary shall forward one copy of said
request to each council member prior to the scheduled meeting
date. Persons filing proposed petitions are hereby notified
of the place and time of the scheduled hearings. The
Building Code Council Secretary shall cause to be published
the notice of public hearing as specified in North
Carolina General Statutes 143-138(a).
The Building Code Council shall either grant or
deny the proposed petition for rule-making at the meeting
following receipt of the proposed rule change. The council
will take no further action on items that are denied. Granted
items may be referred to committee for review.
The Building Code Council may hold a public hearing
on granted items at the next quarterly scheduled meeting.
The council may take final action on granted items at the next
quarterly scheduled meeting after the public hearing.
| Timeline Example | |
|---|---|
| Petition Received: | February 1 |
| Petition Granted: | March BCC meeting |
| Notice of Hearing Published: | April NC Register |
| Committee Review: | April - May |
| Hearing Held: | June BCC meeting |
| Final Adoption: | September BCC meeting |
| Rules Review Meeting: | November RRC meeting |
| Approved: | December 1 |
The Building Code Council shall
print all amendments to the codes, and the amendments
shall be available for distribution in accordance with General
Statute 143-138(g). Notices and minutes are available
either at no charge on the Council web page or for a fee as
prescribed by Agency Rules.
The minutes and agenda of the
Building Code Council may be found on the Council web
page located at http://www.ncbuildingcodes.com. Click on
the desired information topic.
Newsletters will be sent to
online subscribers. Archive copies may be found on the Engineering
web page located at http://www.ncdoi.com/osfm.
Click on Building Codes to subscribe.
The Building Code
Council may approve local regulations governing the Fire Prevention
Code. All regulations shall be approved by the Building
Code Council in order to be legally effective. Regulations
approved by the local governing body, which are found to be
more stringent than the fire prevention code and, which are
found to regulate activities and conditions in buildings, structures,
and premises that pose dangers of fire, explosion or
related hazards, and are not in conflict with the North Carolina
Building Code, shall be approved once reviewed and filed by
the Building Code Council. The rules listed in Section 202.5
shall apply for filing a proposed local deviation to the Fire Prevention
Code along with the following:
- Twenty-one copies of the resolution adopted by the governing body requesting the proposed deviation to the fire prevention code.
- After approval by the Building Code Council, the Building Code Council Secretary shall advise the local governing body and shall retain a copy in the Building Code Council’s file as a permanent record.
The standing committees
shall consist of members of the Building Code Council. The
Chairman of the Building Code Council shall appoint the
chairmen and members of each committee.
For each code edition, the
Chairman shall establish and appoint ad hoc code revision
committees and appoint the chairmen. The ad hoc committees
shall consider and prepare revisions and amendments to
the code volumes. Each ad hoc committee shall consist of
members of the Building Code Council, Department of
Insurance staff, licensed contractors, and design professionals
most affected by the code volume for which the ad hoc
committee is responsible and members of the public.
Guidelines for Ad Hoc Committees:
- Ad Hoc committee is asked to approach its code review with the idea of producing a newly amended code with as few changes from the 2009 ICC as the committee deems practicable.
- Current Code shall be considered base line for code comparison.
- Ad Hoc committee is asked to provide a list of major changes to the Standing Committee and Council for review.
- If code changes are thought to be controversial, it is suggested that the Ad Hoc committee consider handling such items as separate stand alone code changes.
- Ad Hoc committees shall submit its report to the appropriate Standing Committee for review.
- After its review, the Standing Committee is asked to make a recommendation to the Building Code Council for adoption.
The chairman may appoint a
hearing committee to hear an appeal.
A written technical interpretation
shall be provided as specified in Section 203.1.2.1.2.
Any person may appeal in writing an order, decision or
determination pertaining to the code or any state building
law by filing written notice with the Commissioner of Insurance
or his designee within 10 days after the order, decision
or determination. A copy of the appeal shall be furnished to
each party.
(General Statutes 143-140, 153A-374 and 160A-434)
(General Statutes 143-140, 153A-374 and 160A-434)
The Building Code Council
shall hear appeals from the decisions of state enforcement
agencies relating to any matter related to the code. Any
person wishing to appeal a decision of a state enforcement
agency to the Building Code Council shall give written
notice of appeal as follows:
Twenty-one copies including an original of the
Notice of Appeal shall be filed with the Building Code
Council c/o North Carolina Department of Insurance,
Engineering Division, 322 Chapanoke Road, Suite 200,
Raleigh, North Carolina 27603, and one copy shall be
filed with the state enforcement agency from which the
appeal is taken.
The Notice of Appeal shall be received no later
than 30 days from the date of the decision of the State
enforcement agency.
The Notice of Appeal shall be legibly printed,
typewritten or copied and shall contain the following
(See Appendix E):
- Name, address of the party or parties requesting the appeal.
- The name of the state enforcement agency, the date of the decision from which the appeal is taken, and a copy of the written decision received from the enforcement agency.
- The decision from which the appeal is taken shall be set forth in full in the Notice of Appeal or a copy of the decision shall be attached to all copies of the Notice of Appeal.
- The contentions and allegations of fact must be set forth in full in a clear and concise manner with reference to the sections of the code in controversy.
- The original Notice of Appeal shall be signed by the party or parties filing appeal.
- The Notice of Appeal shall be received by the first day of the month prior to the Building Code Council’s quarterly scheduled meeting in order to be placed on the agenda for that meeting. The Chairman may schedule a special meeting to hear an appeal.
Upon the proper filing of the Notice of Appeal,
the Building Code Council Secretary shall forward one
copy of the Notice of Appeal to each member of the
Building Code Council. The chairman may appoint a
Hearing Committee to hear appeals. The Secretary shall send notice in writing to the party or parties requesting an
appeal and to the Building Code Council Hearing Committee
members at least 15 days prior to the Hearing
Committee meeting. A written decision of the Hearing
Committee meeting shall be provided to all Building
Code Council Members. The actions of the Hearing
Committee shall be final, unless appealed to the full
Building Code Council in writing within 30 days of the
Hearing Committee’s action. If a Hearing Committee
consists of at least seven council members, it will constitute
a quorum of the full council. Further appeals shall be
as specified in Section 202.9.3.
The Building Code Council shall, upon a
motion of the State enforcement agency or on its own
motion, dismiss appeals for the following reasons:
- Not pursued by the appellant or withdrawn;
- Appeal not filed in accordance with these rules; or
- Lack of jurisdiction.
When the Building Code Council finds that a
State enforcement agency was in error in its interpretation
of the code, the Building Code Council shall remand
the case to the agency with instructions to take such
actions as the Building Code Council directs. When the
Building Code Council finds on appeal that materials or
methods of construction proposed are equivalent to those
required by the code, the Building Code Council shall
remand the case to the state enforcement agency with
instructions to permit the use of such materials or methods
of construction. The Building Code Council shall
immediately initiate procedures for amending the code
to permit the use of such materials or methods of construction.
The Building Code Council shall provide a
written decision setting forth the findings of fact and the
Building Code Council’s conclusions to each party or
parties filing the appeal and to the State enforcement
agency from which the appeal was taken.
Whenever any person desires to
appeal a decision of the Building Code Council or a decision
of a State or local enforcement agency, he may appeal either
to the Wake County Superior Court or the superior court of
the county in which the proposed building is to be situated in
accordance with the provisions of Chapter 150B of the General
Statutes.
[General Statute 143-141(d)]
[General Statute 143-141(d)]
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The Commissioner
of Insurance through the Engineering Division shall have
general supervision of the administration and enforcement
of the North Carolina State Building Code. This includes all
sections of the code pertaining to:
- General building restrictions and regulations;
- Plumbing;
- Heating and air conditioning;
- Electrical systems;
- Fire protection; and
- Natural or liquified petroleum gas systems.
Whenever the Commissioner
of Insurance has reason to believe that investigators
of fire or fire prevention inspectors are not fulfilling
their responsibilities, he or his designee shall take proper
steps to have all provisions of the law enforced.
(General Statute 58-2-95)
(General Statute 58-2-95)
The Commissioner of Insurance or his or her
designee shall hear appeals from orders issued by the
code enforcement official to remove or remedy combustible
materials or inflammable conditions dangerous to
any building or premises. The appeal shall be made
within 24 hours of issue, not counting weekends or holidays.
The commissioner shall cause the complaint to be
investigated immediately. The Commissioner or his or
her designee may make inspections of the complaint
alone or in the company of the code enforcement official.
Unless the Commissioner by his or her authority revokes
the order of the code enforcement official, the order
remains in force and must be complied with by the owner
or occupant.
(General Statute 58-79-20)
(General Statute 58-79-20)
The
Commissioner of Insurance or his or her designee shall
review all permits to erect, alter, repair or move any
wood-frame building or structure within the primary fire
district of a municipality. Such permits shall be received
and approved by the Inspection Department and
approved by the Municipal Council prior to the Commissioner
or his or her designee’s approval.
(General Statutes 153A-375 and 160A-436)
(General Statutes 153A-375 and 160A-436)
The Engineering Division of the
Department of Insurance shall serve as staff for the Building
Code Council and the Code Official’s Qualification Board. The
Engineering Division shall work in cooperation with code
enforcement officials and provide general supervision in the
administration and interpretation of the codes. The staff shall
handle correspondence and maintain an accurate and complete
record of:
[General Statute 143-137(c)]
- All meetings or hearings,
- Laboratory studies, and
- Technical work performed by or for the Building Code Council.
[General Statute 143-137(c)]
The Engineering
Division shall provide informal interpretations on
code-related matters either by e-mail, letter or telephone.
These informal interpretations may be accepted by the
local code enforcement official or party requesting the
interpretation. Either party may request a formal interpretation
of the code.
Any person may
request in writing a formal interpretation of the code. The
request shall be addressed to the Chief Code Consultant
for the Department of Insurance. The request shall be
specific and shall reference the code sections in question.
All formal interpretations shall be in writing. A formal
interpretation shall be binding on all parties unless
appealed to the Building Code Council as specified in
Section 201.9.2. Formal interpretations determined to be
of a general nature may be posted on the department web
site.
(General Statute 143-140)
(General Statute 143-140)
Any person may appeal in writing an
order, decision or determination of a code enforcement official
pertaining to the code or any state building law. The
appeal shall be addressed to the Chief Engineer for the
Department of Insurance by filing written notice within 10
days after the order, decision or determination. The appeal
shall contain the type and size of the building in question,
the location of the building and shall reference the code sections
in question. The decision shall be in writing and shall
set forth the facts found. The decision rendered shall be
based on the technical provisions of the code, public health
and safety and shall be construed liberally to those ends. A
decision shall be binding on all parties unless an appeal is
submitted to the Building Code Council as specified in Section
201.9.2. A copy of the appeal and written decision shall
be furnished to each party.
(General Statutes 153A-374 and 160A-434)
(General Statutes 153A-374 and 160A-434)
www.ncgov.com
(Click on “For Government, Local Government”)
(Click on “For Government, Local Government”)
The powers, duties and responsibilities of the
code enforcement official are generally described in the following
General Statutes:
- GS153A-352 for counties, and
- GS160A-412 for cities.
The responsibility for administration and
enforcement of the code has been allocated to local code enforcement officials under the supervision of State officials
as designated within Section 203.
[General Statute 143-139(b)]
[General Statute 143-139(b)]
A municipal inspection department
shall have jurisdiction over all areas within the city limits, all
extraterritorial areas that the city has jurisdiction pursuant to
state laws, and over any areas in which the municipal limits
have contracted with another unit of government to perform
code enforcement. A county inspection department shall
have jurisdiction over all unincorporated areas outside any
municipal jurisdiction located within the county, all areas in
which a municipality has requested the county to enforce
the code, and within the jurisdiction of another unit of government
in which the county has contracted to perform code
enforcement. A joint inspection department created by two
or more units of government shall have the authority to
enforce the code in all areas of legal jurisdiction of all units
of government supporting the joint department.
(General Statutes 153A-352 and 153A-353 for counties, and 160A-411 and 160A-413 for cities.)
(General Statutes 153A-352 and 153A-353 for counties, and 160A-411 and 160A-413 for cities.)
Inspection departments shall:
- Receive applications and supporting data for permits;
- Issue or deny permits;
- Make all necessary inspections to ensure code compliance;
- Identify technical provisions found to be inconsistent with the inspection;
- Issue or deny certificates of compliance and certificates of occupancy;
- Issue stop work orders or orders to correct violations;
- Maintain adequate records of permits issued or denied, inspections made, corrections ordered and certifications issued; and
- Take other actions that may be required to adequately enforce the code.
No state or local government employee shall enforce any provision
of the North Carolina State Building Codes who does
not possess an appropriate valid certificate issued by the
North Carolina Code Official’s Qualification Board as specified
in General Statutes 143-151.13, 153A-351.1 and
160A-411.1.
Information about conflict of
interest for code enforcement officials can be found in General
Statutes 153A-355 for counties and 160A-415 for cities.
The code enforcement official shall
have the right to enter buildings or premises as described in
General Statutes 153A-360 and 153A-364 for counties, and
160A-420 and 160A-421 for cities.
General Statute 153A-361
authorizes a county code enforcement official to issue stop
work orders. General Statute 160A-421 authorizes a city code enforcement official to issue stop work orders. These
statutes describe when a stop work order can be issued, how
the stop work order is to be issued and how the stop work
order may be appealed.
A county code
enforcement official’s authority to condemn an unsafe
building is found in General Statute 153A-366. A city code
enforcement official’s authority to condemn an unsafe
building is found in General Statute 160A-426.
No person may commence or proceed
with:
- The construction, reconstruction, alteration, repair, movement to another site, removal or demolition of any building;
- The installation, extension or general repair of any plumbing system;
- The installation, extension, alteration or general repair of any heating or cooling equipment system; or
- The installation, extension, alteration or general
repair of any electrical wiring, devices, appliances or
equipment without first securing from the Inspection
Department with jurisdiction over the site of the work
each permit required by the North Carolina State
Building Codes and other State or local law or local
ordinance or regulation applicable to the work.
(General Statute 153A-357 and 160A-417)
In accordance with General Statutes
153A-358 for counties and 160A-418 for cities, a permit
expires 6 months, or any lesser time fixed by local ordinances,
after the date of issuance if the work authorized by
the permit has not been commenced. If, after commencement,
the work is discontinued for a period of 12 months,
the permit immediately expires. No work authorized by a
permit that has expired may be performed until a new permit
has been issued.
Work shall not deviate substantially
from that described on the permit documents.
A permit application shall
be filed with the Inspection Department on a form furnished
for that purpose. The Inspection Department shall make
available a list of information which must be submitted with
the building permit application, including a complete building
code summary (see Appendix B) and a permit application
information sheet (see Appendix A).
Where the
General Statutes require, no permit shall be issued unless
the construction documents (drawings and specifications),
bear the North Carolina seal of a registered design professional.
Construction documents shall include the name and
address of the business entity (individual, corporation or
partnership) with whom the registered design professional
is affiliated. Questions concerning this section should be
directed to the North Carolina Board of Architecture or the
North Carolina Board of Examiners for Engineers and Land
Surveyors.
Exceptions: For permitting purposes, the seal of a registered
design professional is not required when the building,
structure or project involved is in one of the
categories listed below, unless otherwise required pursuant
to the provisions of the General Statutes or the technical
codes:
- A family residence, up to eight units attached with grade-level exit, which is not a part of or physically connected with any other buildings or residential units;
- A building upon any farm that is for the use of any farmer, unless the building is of such nature and intended for such use as to substantially involve the health or safety of the public;
- An institutional or commercial building if it does not have a total cost of construction exceeding $90,000;
- An institutional or commercial building if the total building area does not exceed 2,500 square feet (2.32 m2) in gross floor area;
- Alteration, remodeling or renovation of an existing building that is exempt under this section, or alteration, remodeling or renovation of an existing building or building site that does not alter or affect the structural system of the building; change the building’s access or exit pattern; or change the live or dead load on the building’s structural system. This subdivision shall not limit or change any other exemptions to this chapter or to the practice of engineering under Chapter 89C of the General Statutes.
- The preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions utilized to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements or exemptions of this chapter.
- Nothing in this chapter shall be construed to prevent any individual from making plans or data for buildings for himself or herself. This exemption does not apply to plans for places of religious worship.
The registered
design professional shall be a registered architect,
licensed professional engineer or NICET Level III sprinkler
designer legally registered or licensed under the
laws of this state.
When the General
Statutes require that general construction, plumbing,
mechanical, electrical, fire protection or gas work be performed
by an appropriately licensed individual, no permit
for such type work shall be issued to an unlicensed person or
firm. Additional requirements may be found in General
Statutes 87-14, 87-21(e), 87-43.1, 87-58, 153A-134,
153A-357, 160A-194 and 160A-417.
It shall be the duty of
every person who contracts for the installation or repair of a
building or service system to comply with State or local
rules and regulations concerning licensing. It shall be the
contractor’s responsibility to conform to the technical codes
for all installations or repairs of a building or service system.
In accordance with General
Statute 153A-357 for counties and General Statute
160A-417 for cities, the Inspection Department shall examine
each application for a permit to determine if it is in compliance
with the requirements of the technical codes and
other pertinent laws and ordinances. If the inspection
department is satisfied that the work described in the application
conforms to the requirements of the technical codes
and other pertinent laws and ordinances, it shall issue a permit
to the applicant. If the application does not conform to
the requirements of the technical codes and other pertinent
laws and ordinances, the application shall be returned to the
applicant with the reasons for refusal stated.
(General Statutes 153A-352, 160A-412 and 160A-417)
(General Statutes 153A-352, 160A-412 and 160A-417)
Permits shall
be required for the installation, connection of units, foundations,
utility connections or alterations of buildings or components
manufactured off the site and labeled by a thirdparty
agency accredited and listed by the Building Code
Council.
Thirdparty
certification agencies shall be accredited and listed
by the Building Code Council. Inspection and certification
of buildings or components manufactured off the
site and labeled by a third-party agency shall be accepted
by the inspection department without further inspection.
Permits and fees may be required for any installation,
connection of units, foundations, utility connections or
alterations of such work.
It shall be the duty of
every person who contracts for the installation or repair of a
building or services system to comply with state or local
rules and regulations concerning licensing. It shall be the
contractor’s responsibility to conform to this code and the
technical codes for all installations or repairs of a building or
service system. Violations and penalties of these provisions
are listed in Sections 204.12 through 204.14 of this code.
Additional requirements can be found in General Statutes
87-1 through 87-14.
A permit issued shall be construed
as permission to proceed with the work and not as authority
to violate, cancel, alter or set aside any of the provisions of
the technical codes. Issuance of a permit shall not prevent
the inspection department from requiring correction of
errors in plans, construction or violations of this code.
(General Statutes 153A-357 and 160A-417)
(General Statutes 153A-357 and 160A-417)
The code
enforcement official shall revoke, in writing, a permit or
approval issued under the provisions of this or the technical
codes for:
- Any substantial departure from the approved application, drawings or specifications;
- Refusal or failure to comply with the requirements of any applicable State or local laws;
- Any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
The code
enforcement official may revoke a permit upon determination
that the work for which the permit was issued is in
violation of, or not in conformity with, the provisions of
this or the technical codes.
(General Statute 153A-362, 160A-422)
(General Statute 153A-362, 160A-422)
A permit shall not be issued until the fees prescribed
by the local governing authority have been paid. No
amendment to a permit shall be released until the additional
fee, if any, has been paid.
(General Statutes 153A-354 and 160A-414)
(General Statutes 153A-354 and 160A-414)
If any
person commences any work on a building or service systems
before obtaining the necessary permit, he or she shall
be subject to a penalty as established by the local governing
body.
(General Statutes 153A-354 and 160A-414)
(General Statutes 153A-354 and 160A-414)
The inspection department shall make periodic
inspections as specified in General Statutes 153A-364 for
counties and 160A-424 for cities.
Inspections
of schools for fire hazards shall be in accordance with General
Statute 115C-525(b).
A new building shall not be
occupied or a change made in the occupancy, nature or use
of a building or part of a building until after the inspection
department has issued a certificate of compliance. The certificate
of compliance shall not be issued until all required
service systems have been inspected for compliance with
the technical codes and other applicable laws and ordinances
and released by the inspection department.
(General Statutes 153A-363 and 160A-423)
(General Statutes 153A-363 and 160A-423)
Upon satisfactory completion
of a building, plumbing, mechanical, electrical, fire
protection or gas system, or portion thereof, a certificate of
compliance shall be issued. The certificate of compliance represents that a structure or system is complete and for certain
types of permits is permission granted for connection to
a utility system. The certificate of compliance shall not be
construed to grant authority to occupy a building.
(General Statutes 153A-363 and 160A-423)
(General Statutes 153A-363 and 160A-423)
A temporary/partial
certificate of compliance may be issued permitting
occupancy for a stated period for specific portions of a
building or service system that the inspector finds safe for
occupancy prior to final completion of the entire building or
system.
(General Statutes 153A-363 and 160A-423)
(General Statutes 153A-363 and 160A-423)
Upon satisfactory
completion of a building and after the final inspection,
the inspection department may issue a certificate of occupancy.
The certificate of occupancy shall state the occupancy
may be safely occupied.
A certificate of occupancy
for any existing building may be obtained by applying to
the inspection department and supplying the information
and data necessary to determine compliance with the
technical codes for the occupancy intended. Where necessary,
the code enforcement official may require
detailed drawings and inspections to determine compliance
with the applicable codes. When, upon examination
and inspection, it is found that the building conforms to
the provisions of the technical codes and other applicable
laws and ordinances for such occupancy, a certificate of
occupancy shall be issued. The certificate shall state the
approved occupancy type.
No person shall
make connections from a utility, source of energy, fuel or
power to any building or system that is regulated by the
technical codes until approved by the inspection department
and a certificate of compliance is issued.
(General Statute 143-143.2)
(General Statute 143-143.2)
The inspection department
may authorize the temporary connection of the building
or system to the utility source of energy, fuel or power
for the purpose of testing building service systems.
(General Statutes 153A-363 and 160A-423)
(General Statutes 153A-363 and 160A-423)
Whenever a stop order has been
issued by an inspection department involving alleged violations
of the State Building Codes, the owner or builder may
appeal in writing to the Commissioner of Insurance, or his or
her designee, within 5 days after the date the order is issued,
with a copy of the appeal to the inspection department. No further
work may take place in violation of a stop order. The Commissioner,
or his or her designee, shall promptly conduct an
investigation. The inspection department and the owner or
builder shall be permitted to submit relevant evidence for the
investigation. The Commissioner of Insurance, or his or her
designee, shall provide a written statement of the decision setting
forth the facts found, the decision reached and the reasons
for the decision. In the event of dissatisfaction with the decision, the person affected shall have the option of appealing as
set forth in Section 203.1.2.
(General Statutes 153A-361 and 160A-421)
(General Statutes 153A-361 and 160A-421)
No building shall be occupied for any
purpose that will cause the floors to be loaded beyond their
safe capacity. It shall be the responsibility of the owner or
occupant of any building, where excessive floor loading is
likely to occur, to employ a design professional in computing
the safe load capacity. The computations shall be filed as
a permanent record of the inspection department. The
inspection department may permit occupancy of a building
when the department is satisfied that the capacity will not be
exceeded.
When required by the
code enforcement official, signs stating the occupant load
determined in accordance with occupant load specified in
the technical codes shall be posted by the owner of the building
in each assembly room, auditorium or room used for a
similar purpose where fixed seats are not installed. The seating
capacity shall be determined in accordance with the
technical codes and signs posted at locations approved by
the code enforcement official. It shall be unlawful to remove
or deface such notice or to permit more than this legal number
of people within such space. The signs shall read as follows:
“Occupancy by more than _______persons is
dangerous and unlawful.
_____________________________, CEO”
dangerous and unlawful.
_____________________________, CEO”
Any person, firm, corporation or agent who
violates a provision of this code or the technical codes shall be
guilty of a Class 3 misdemeanor. Each person shall be considered
guilty of a separate offense for each and every portion
thereof during which any violation is committed or continued,
for a period of 30 days. Upon conviction of any such violation
the person shall be liable to a fine not to exceed $50.00 for each
offense. Any violation incurred more than 1 year after another
conviction for violation of the occupancy limits shall be treated
as a first offense for the purposes of establishing and imposing
penalties.
[General Statute 143-138(h)]
[General Statute 143-138(h)]
In case any building or structure is constructed
or its purpose altered so that it becomes in violation
of the technical codes, or if the occupancy limits established
are exceeded, the code enforcement official may institute
any appropriate action or proceedings, including civil remedies,
to:
- Prevent the unlawful erection, construction or reconstruction or alteration of purpose, or overcrowding;
- Restrain, correct or abate the violation; or
- Prevent the occupancy or use of the building, structure or land until the violation is corrected.
Refer to the North Carolina Fire
Prevention Code for summary abatement requirements for
fire prevention code violations and penalties.
When the code enforcement official does not fulfill his
responsibilities as specified in Section 204.13, the Commissioner
of Insurance or his or her designee may institute any
appropriate actions or proceedings available.
(General Statutes 14-230, 14-231, 14-232, 153A-356 and l60A-41)
(General Statutes 14-230, 14-231, 14-232, 153A-356 and l60A-41)
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The Commissioner of
Labor shall have general supervision over the Elevator and
Amusement Device Division and the Boiler Pressure Vessel
Division.
[General Statute 143-139(c)]
[General Statute 143-139(c)]
The
Elevator and Amusement Device Division shall enforce the
provisions of the North Carolina State Building Code that
pertain to the operation of:
- Elevators;
- Dumbwaiters;
- Escalators;
- Moving walks;
- Personnel hoists;
- Chair and wheelchair lifts;
- Manlifts;
- Special equipment; and
- Amusement devices.
Exceptions:- Devices and equipment located and operated within a single-family residence.
- Equipment constructed, installed and used exclusively for the movement of materials.
- Mining equipment covered by either the Federal Mine Safety and Health Act or the Mine Safety and Health Act of North Carolina.
The Boiler
and Pressure Vessel Division shall enforce the provisions of
Chapter 95 of the General Statutes which pertain to boilers
and pressure vessels. The Boiler and Pressure Vessel Division
shall not regulate hot water supply boilers equipped with ASME Code and National Board certified safety relief
valves, which are fired with oil, gas, or electricity or hot
water supply tanks heated by any indirect means which do
not exceed any of the following limitations:
- Heat input of 200,000 Btu/hr;
- Water temperature of 200°F (93°C);
- Nominal water capacity of 120 gallons (454 L).