Summary for the 2024 Bldg. Code Regulatory Reform Bill - SB 166
2024 SB166
Vetoed by the Governor on July 10. Originally ratified by the General Assembly on June 28, 2024.
Amends Various North Carolina State Building Codes
Local Fire Prevention Code Provisions
Local governments are prohibited from adopting local fire prevention code provisions that apply to dwellings subject to the North Carolina Residential Code if they are not prescriptively required by this code.
Fire Separation Distance and GFCI Protection
For townhouse end units, the fire separation distance between exterior end walls with a 0-hour fire-resistance rating and the closest interior lot line can be less than 3 feet if adjacent exterior elements are at least 6 feet away. If less than 6 feet, a 2-hour cumulative fire-resistance rating is required.
Ground Fault Circuit-Interrupter (GFCI) protection for electric sump pumps must have the reset mechanism installed in a readily accessible location within the dwelling, with an indicator light and labeling to indicate de-energization due to ground-fault protection.
Glazing and Elevation of Ignition Source
Glazing adjacent to a landing at the top of a stairway or ramp, if located more than 18 inches above the landing, is not considered hazardous.
Elevation of the ignition source is not required for electric water heaters.
Insulation, Dwellings, and EVSE Loads
Air-impermeable insulation can be used as an alternative to residential ceiling insulation minimums in unvented attic and enclosed rafter assemblies, with specified R-value minimums for different climate zones.
Three- and four-family dwellings are included in the North Carolina Residential Code, requiring a 2-hour fire resistance rating for common walls, floors, and ceiling separation assemblies, without the need for automatic fire sprinkler systems.
Electric vehicle supply equipment (EVSE) loads are excluded from calculations for electrical feeder or service loads to dwellings.
Emergency Responder Communication Coverage
One-story buildings not exceeding 12,000 square feet, with no below-ground areas, are exempt from emergency responder communication coverage requirements in new buildings.
Amends Regulations for Construction Contractors and Design Professionals
Restraining Orders and Injunctions
Superior courts can grant restraining orders and injunctions for violations by contractors, irrespective of criminal prosecution or administrative sanctions.
When the Board prevails in such actions, courts must award the Board reasonable attorney’s fees (up to $5,000) and costs related to investigation and prosecution.
Examination and Licensing
Examination applicants who fail to pay court awards cannot take Board exams until debts are cleared.
Violating electrical contracting rules without a proper license is classified as a Class 2 misdemeanor.
Courts may issue restraining orders and injunctions for electrical contracting violations, regardless of criminal cases.
The Board may receive attorney’s fees and costs if successful in court actions related to electrical contracting violations.
Electrical contracting project value limit for limited licenses raised to $100,000, and equipment voltage limit increased to 1,000 volts.
Certification and Plan Review
Corrugated stainless steel tubing gas piping systems must be bonded as per the North Carolina Fuel Gas Code.
A new certification program for North Carolina State Building Code Permit Technicians will be developed, including requirements for exams, professional development, certificate renewal, and fees.
Local government staff reviewing plans must not make decisions on the scope of work covered by architect or engineer seals, but can review plans before seals are affixed to ensure compliance with applicable standards.
Amends Various Development Regulations
Public Water Systems and Backflow Preventers
Public water systems owned or operated by local government units cannot require customers to install backflow preventers on existing connections unless the hazard level is deemed high by the Department.
Installation of backflow preventers is allowed if required by the North Carolina Plumbing Code or Fire Code due to specific plumbing changes or property additions.
Public water systems and their employees are immune from civil liability for backflow issues if a backflow preventer is not required by law or the hazard level is not high.
The Department is responsible for determining high hazard levels when backflow preventers are not mandated by law and must post such determinations online.
Public water systems can require backflow preventers if they cover all associated costs.
Residential irrigation systems that do not use chemical feeds require backflow preventer testing no more frequently than once every three years.
Public water systems can accept backflow preventer test results from certified testers.
Building Permit Fees and Inspection Protocols
Prohibits requiring redundant inline water service shut-off valves in certain residential dwellings, with specific exceptions.
Clarifies that building permit fees for inspections must support the building inspection department's administration and operations.
Establishes a protocol for residential plan review fee reimbursement if initial review exceeds 20 business days.
Defines conditions under which building permits or certificates of occupancy cannot be withheld for unrelated property issues, specifying what constitutes a public safety issue.
Prohibits the requirement for unrestricted right of entry consent as a condition for development approvals.
Prohibits inspectors from requiring technical code compliance affidavits instead of conducting inspections.
Sidewalk Design Standards and Performance Guarantees
Local sidewalk design standards must align with those adopted by the North Carolina Department of Transportation for subdivision roads.
Cities cannot require small residential subdivisions to design and construct pedestrian facilities within new public street rights-of-way unless long-term maintenance is accepted.
Clarifies that performance guarantees for subdivisions must cover only the completion of required improvements and outlines the requirements for their duration, extension, release, and coverage.
Amends Various Environment and Environmental Health Regulations
Stormwater Control Systems
Local governments cannot require payments from stormwater control system owners for future maintenance or replacement costs.
Previous payments must be refunded upon request and used by owners for maintenance and related costs.
Funds for residential stormwater projects must be exhausted before assessing individual homeowners or associations.
Recordation Requirements for Operation and Management
Defines "Stormwater Control Measure Rule" and instructs its implementation until revised.
Removes the requirement to reference and record an O&M Agreement on the final plat; it must be referenced in any instrument of title recorded with the Register of Deeds.
Directs the Commission to adopt rules aligning with this new procedure and states this section will expire once permanent rules take effect.
Fast Track Sewer Certifications
Applications for permits must be written or digital, and the Commission must act promptly.
Applications are deemed approved if the Commission does not act after receiving all information.
Fast-track permits require certification from a professional engineer and must meet Minimum Design Criteria, with a review period of 45 days. Alternative sewer systems are not eligible for fast-track review.
Administrative reviews must determine application completeness within 10 days, and the technical review period begins upon receipt of complete applications.
Commission must issue certification receipts within 14 days after construction.
Applicants must notify local governments when applying for permits to dispose of petroleum-contaminated soil by land application.
The Commission will update permitting rules to reflect these changes, effective July 1, 2024.
On-Site Wastewater Contractors and Inspectors Board Changes
Expands certification scope to include new roles: Authorized On-Site Wastewater Evaluators and Private Compliance Inspectors.
Details requirements for education, experience, and examinations for various certifications.
Mandates continuing education for certification renewal.
Introduces procedures for investigating complaints, maintaining records, and notifying health departments of certification changes and complaints.
Bill Details
Read Full Bill Here: https://www.ncleg.gov/Sessions/2023/Bills/Senate/PDF/S166v5.pdf
Invalid provisions do not affect the validity of the remaining act.
Effective upon becoming law unless specified otherwise.
Ratified by the General Assembly on June 28, 2024,
July 10, 2024, Vetoed by the Governor.
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