GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2024-49
SENATE BILL 166
AN ACT To amend various development regulations; TO AMEND VARIOUS NORTH CAROLINA State Building CodeS; TO AMEND VARIOUS CONSTRUCTION CONTRACTORS AND DESIGN PROFESSIONALS REGULATIONS; TO AMEND VARIOUS ENVIRONMENT AND ENVIRONMENTAL HEALTH REGULATIONS; and TO Reorganize the Building Code Council.
The General Assembly of North Carolina enacts:
PART I. DEVELOPMENT REGULATIONS
PROHIBIT CERTAIN BACKFLOW PREVENTER REQUIREMENTS BY PUBLIC WATER SYSTEMS
SECTION 1.1.(a) Article 10 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑330. Local authority to require backflow preventers; testing.
(a) No public water system owned or operated by a local government unit, as that term is defined in G.S. 159G‑20(13), shall require a customer to install a backflow preventer on an existing nonresidential or residential connection, including multifamily dwellings, not otherwise required by State or federal law except where the degree of hazard from the customer's connection is determined to be high by the Department.
(b) The limitation established in subsection (a) of this section shall not be construed to prohibit requirements for installation of backflow preventers pursuant to the North Carolina Plumbing Code or the North Carolina Fire Code due to retrofit or upfit/fit‑up to the customer's plumbing, facility addition on the customer's property, or change in use of the property served by the connection. The single act of a retrofit or upfit/fit‑up to the customer's plumbing limited to the service line between the home or building and the meter, and without a change in use or facility addition, does not necessitate a backflow preventer. An increase in the flow of water to the home or building, without a change in use or facility addition, does not necessitate a backflow preventer.
(c) A public water system owned or operated by a local government unit, and its employees, including the Cross Connection Control Operator in Responsible Charge, is immune from civil liability in tort from any loss, damage, or injury arising out of or relating to the backflow of water into potable water supply systems where a backflow preventer is not required by State or federal law, or where the degree of hazard from the customer's connection is not determined to be high by the Department.
(d) The Department shall determine whether the degree of hazard for a service connection is high when the installation of a backflow preventer is not otherwise required by State or federal law. The Department shall provide notice of such determinations on its website.
(e) Nothing in this section shall prohibit a public water system owned or operated by a local government unit from requiring the installation of a backflow preventer if the system pays all costs associated with the backflow preventer, including the device, installation, and appropriate landscaping.
(f) No public water system owned or operated by a local government unit shall require periodic testing more frequently than once every three years for backflow preventers on residential irrigation systems that do not apply or dispose chemical feeds.
(g) A public water system owned or operated by a local government, and its employees, including the Cross Connection Control Operator in Responsible Charge, is immune from civil liability in tort from any loss, damage, or injury resulting from compliance with the limitations on periodic testing provided in subsection (f) of this section.
(h) A public water system owned or operated by a local government unit may accept the results of backflow preventer testing conducted by a plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes or a certified backflow prevention assembly tester approved by the public water system.
(i) For purposes of this section, the following definitions apply:
(1) "Backflow preventer" means an assembly, device, or method that prohibits the backflow of water into potable water supply systems.
(2) "Certified backflow prevention assembly tester" means a person who holds a certificate of completion from a training program in the testing and repair of backflow preventers.
(3) "High hazard" means a cross‑connection or potential cross‑connection involving any substance that could, if introduced into the potable water supply, cause illness or death, spread disease, or have a high probability of causing such effects."
SECTION 1.1.(b) G.S. 150B‑2 reads as rewritten:
"§ 150B‑2. Definitions.
As used in this Chapter, the following definitions apply:
(8a) Rule. Any agency regulation, standard, or statement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of an agency. The term includes the establishment of a fee and the amendment or repeal of a prior rule. The term does not include the following:
m. Determinations by the Department of Environmental Quality of high hazards pursuant to G.S. 130A‑330.
."
SECTION 1.1.(c) This section is effective when it becomes law and applies to requirements for installation or testing of backflow preventers made by a public water supply on or after that date.
PROHIBIT DUPLICATIVE WATER SERVICE SHUT‑OFF VALVE REQUIREMENTS IN CERTAIN RESIDENTIAL DWELLINGS
SECTION 1.2.(a) Article 10 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑331. Prohibit duplicative water service shut‑off valves.
All persons and units of local government locating, constructing, altering, or operating, or intending to locate, construct, alter, or operate, a public water system, as defined in G.S. 130A‑313, are prohibited from requiring the installation of a redundant inline water service shutoff or cutoff valve between a water service meter and a customer receiving water service within a dwelling subject to the North Carolina Residential Code. This section does not apply to (i) integrated valves attached or located within a water meter box for the purpose of water meter installation, repair, or replacement or (ii) valves installed as an accessible main shutoff valve near the entrance of water service as required by the North Carolina Residential Code."
SECTION 1.2.(b) This section becomes effective January 1, 2025.
BUILDING PERMIT FEES FOR INSPECTION DEPARTMENT CLARIFICATION
SECTION 1.3.(a) G.S. 160D‑402 reads as rewritten:
"§ 160D‑402. Administrative staff.
(a) Authorization. Local governments may appoint administrators, inspectors, enforcement officers, planners, technicians, and other staff to develop, administer, and enforce development regulations authorized by this Chapter.
(b) Duties. Duties assigned to staff may include, but are not limited to, drafting and implementing plans and development regulations to be adopted pursuant to this Chapter; determining whether applications for development approvals are complete; receiving and processing applications for development approvals; providing notices of applications and hearings; making decisions and determinations regarding development regulation implementation; determining whether applications for development approvals meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order adequately to enforce the laws and development regulations under their jurisdiction. A development regulation may require that designated staff members take an oath of office. The local government shall have the authority to enact ordinances, procedures, and fee schedules relating to the administration and the enforcement of this Chapter. The administrative and enforcement provisions related to building permits set forth in Article 11 of this Chapter shall be followed for those permits.
(c) Alternative Staff Arrangements. A local government may enter into contracts with another city, county, or combination thereof under which the parties agree to create a joint staff for the enforcement of State and local laws specified in the agreement. The governing boards of the contracting parties may make any necessary appropriations for this purpose.
In lieu of joint staff, a governing board may designate staff from any other city or county to serve as a member of its staff with the approval of the governing board of the other city or county. A staff member, if designated from another city or county under this section, shall, while exercising the duties of the position, be considered an agent of the local government exercising those duties. The governing board of one local government may request the governing board of a second local government to direct one or more of the second local government's staff members to exercise their powers within part or all of the first local government's jurisdiction, and they shall thereupon be empowered to do so until the first local government officially withdraws its request in the manner provided in G.S. 160D‑202.
A local government may contract with an individual, company, council of governments, regional planning agency, metropolitan planning organization, or rural planning agency to designate an individual who is not a city or county employee to work under the supervision of the local government to exercise the functions authorized by this section. The local government shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the local government as it does for an individual who is an employee of the local government. The company or individual with whom the local government contracts shall have errors and omissions and other insurance coverage acceptable to the local government.
(d) Financial Support. The
local government may appropriate for the support of the staff any funds that it
deems necessary. It shall have power to fix reasonable fees for support,
administration, and implementation of programs authorized by this Chapter,
and all such Chapter. All fees collected by a building inspection
department for the administration and enforcement of provisions set forth in
Article 11 of this Chapter shall be used for to support the
administration and operations of the building inspection department and for no
other purposes. When an inspection, for which the permit holder has paid a fee
to the local government, is performed by a marketplace pool Code‑enforcement
official upon request of the State Fire Marshal under G.S. 143‑151.12(9)a.,
the local government shall promptly return to the permit holder the fee
collected by the local government for such inspection. This subsection applies
to the following types of inspection: plumbing, electrical systems, general
building restrictions and regulations, heating and air‑conditioning, and
the general construction of buildings."
SECTION 1.3.(b) This section becomes effective July 1, 2024.
RESIDENTIAL PLAN REVIEW FEE REIMBURSEMENT
SECTION 1.4.(a) G.S. 160D‑1110(b) reads as rewritten:
"(b) A building permit shall be in writing and shall contain a provision that the work done shall comply with the North Carolina State Building Code and all other applicable State and local laws. Nothing in this section requires a local government to review and approve residential building plans submitted to the local government pursuant to the North Carolina Residential Code, so long as the local government may review and approve the residential building plans as it deems necessary. If a local government chooses to review residential building plans for any structures subject to regulation under the North Carolina Residential Code, all initial reviews for the building permit shall be performed within 15 business days of submission of the plans. A local government that reviews residential building plans for the purpose of building permit issuance shall perform its initial review concurrently with processes for project development approvals required from other State, federal, and local agencies. If a local government does not perform its initial review within 20 business days of submission of the plans, the local government shall refund to the building permit applicant a portion of their total permit application fee. That portion shall equal ten percent (10%) of the total permit application fee, for each business day in which the local government does not perform its initial review, for a period not to exceed 10 business days. A local government shall not require residential building plans for one‑ and two‑family dwellings to be sealed by a licensed engineer or licensed architect unless required by the North Carolina State Building Code. No building permits shall be issued unless the plans and specifications are identified by the name and address of their author. If the General Statutes require that plans for certain types of work be prepared only by a licensed architect or licensed engineer, no building permit shall be issued unless the plans and specifications bear the North Carolina seal of a licensed architect or of a licensed engineer. When any provision of the General Statutes or of any ordinance or development or zoning regulation requires that work be done by a licensed specialty contractor of any kind, no building permit for the work shall be issued unless the work is to be performed by a licensed contractor."
SECTION 1.4.(b) This section becomes effective July 1, 2024, and applies to permit applications submitted on or after that date.
CLARIFY PUBLIC SAFETY ISSUES FOR WITHHOLDING BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY
SECTION 1.5. G.S. 160D‑1110(h) reads as rewritten:
"(h) No local government shall withhold a building permit or certificate of occupancy that otherwise would be eligible to be issued under this section to compel, with respect to another property or parcel, completion of work for a separate permit or compliance with land‑use regulations under this Chapter unless otherwise authorized by law or unless the local government reasonably determines the existence of a public safety issue directly related to the issuance of a building permit or certificate of occupancy. For the purposes of this subsection, a "public safety issue" shall not include improvement, installation, placement, repair, or replacement of any of the following:
(1) Landscaping around dwellings subject to the North Carolina Residential Code within individual lots.
(2) Landscaping within common areas within a subdivision development.
(3) Street lighting fixtures within common areas of a subdivision development.
If a developer has not, at the time of issuance of a certificate of occupancy, completed all required site improvements as set forth in subdivisions (1) through (3) of this subsection, the developer shall submit to the local government a signed affidavit detailing the reasons why the required site improvements are not complete, the expected date of completion and compliance, and a statement promising to complete the required site improvements."
PROHIBIT UNRESTRICTED RIGHT OF ENTRY AS A CONDITION TO DEVELOPMENT APPROVALS
SECTION 1.6.(a) G.S. 160D‑403(e) reads as rewritten:
"(e) Inspections. Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable State and local laws and the terms of the approval. In exercising this power, staff may enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials, so long as the appropriate consent has been given for inspection of areas not open to the public or an appropriate inspection warrant has been secured. Administrative staff are prohibited from requiring unrestricted written consent from a permit applicant to enter any premises or areas not open to the public as a condition to accepting an application for, or the issuance of, development approvals."
SECTION 1.6.(b) Local governments and administrative staff are prohibited from acting upon unrestricted written consent from a permit applicant to enter any premises or areas not open to the public as a condition to accepting an application for, or the issuance of, development approvals, obtained prior to the effective date of this subsection (a) of this section. This subsection shall not be construed to invalidate a validly issued administrative warrant, administrative inspection warrant, administrative search warrant, or inspection warrant which has been secured by local government or administrative staff pursuant to G.S. 160D‑403(e) or G.S. 15‑27.2, or construed to prohibit periodic inspections authorized by G.S. 160D‑1117 or G.S. 160D‑1207.
PROHIBIT TECHNICAL CODE COMPLIANCE AFFIDAVITS
SECTION 1.7. G.S. 160D‑1104(c) reads as rewritten:
"(c) In performing the specific inspections required by the North Carolina State Building Code, the inspector shall conduct all inspections requested by the permit holder for each scheduled inspection. For each requested inspection, the inspector shall inform the permit holder of instances in which the work inspected fails to meet the requirements of the North Carolina State Building Code. An inspector is prohibited from requiring affidavits attesting that work is in compliance with the North Carolina Residential Code in lieu of conducting inspections required for work subject to the North Carolina Residential Code."
LOCAL GOVERNMENT CURB AND GUTTER DESIGN STANDARDS
SECTION 1.8.(a) G.S. 160D‑804 is amended by adding a new subsection to read:
"(k) Curb and Gutter Design Standards. Notwithstanding G.S. 160A‑307 and G.S. 160D‑916, the regulation shall not limit, or prohibit the use of, curb and gutter design standards adopted by the North Carolina Department of Transportation for subdivision roads adjacent to, and serving, dwellings subject to the North Carolina Residential Code."
SECTION 1.8.(b) This section becomes effective January 1, 2025, and applies to permit applications submitted on or after that date.
MUNICIPAL PEDESTRIAN FACILITY REQUIREMENTS WITHIN ETJ FOR SUBDIVISION STREETS DESIGNATED AS PUBLIC
SECTION 1.9.(a) G.S. 160D‑804(c) is amended by adding a new subdivision to read:
"(5) A regulation adopted by a city shall not require a developer to design and construct pedestrian facilities, including sidewalks, within rights‑of‑way for new streets designated as public and to be submitted to the North Carolina Department of Transportation for review pursuant to G.S. 136‑102.6, for small residential subdivisions located in areas subject to municipal planning and development regulation in an extraterritorial jurisdiction established pursuant to G.S. 160D‑202, unless the city accepts long‑term maintenance responsibilities by written agreement with the North Carolina Department of Transportation prior to construction of pedestrian facilities. For the purposes of this subdivision, "small residential subdivision" means a subdivision development that contains 20 individual lots or less."
SECTION 1.9.(b) A city that required a developer to design and construct pedestrian facilities on or after January 1, 2020, as described in G.S. 160D‑804(c)(5) enacted by subsection (a) of this section, shall coordinate with the North Carolina Department of Transportation to accept long‑term maintenance responsibilities by written agreement for those pedestrian facilities as required by G.S. 160D‑804(c)(5). Nothing in this section shall be construed to affect any long‑term maintenance agreements between a municipality and the North Carolina Department of Transportation for pedestrian facilities described in G.S. 160D‑804(c)(5) in effect on the effective date of this section.
G.S. 160D‑804 TECHNICAL CORRECTION
SECTION 1.10. G.S. 160D‑804(j) reads as rewritten:
"(j) Private Driveway
Pavement Design Standards. The regulation shall not require pavement design
standards for new private driveway construction that are more stringent than
the minimum pavement design standards adopted by the North Carolina Department
of Transportation. Notwithstanding any regulation adopted by the local
government, the local government must accept engineered pavement design
standards that do not meet minimum standards required by the Department of
Transportation if the proposed design standard is signed and sealed by a duly
licensed professional engineer, under Chapter 89C of the General Statutes, and
meets vehicular traffic and fire apparatus access requirements. This subsection
applies to construction of new privately owned driveways, parking lots, and
driving areas associated with parking lots within a new development or
subdivision that the developer designates as private and that are intended to
remain privately owned after construction. If driveways, parking lots, and
driving areas associated with parking lots are constructed to pavement design
standards that do not meet minimum standards required by a regulation adopted
by the local government, as authorized by this subsection, the developer must
include disclosures to prospective buyers as outlined in G.S. 136‑102.6(f)
prior to entering into any agreement or any conveyance with any prospective
buyer. A local government is discharged and released from any liabilities,
duties, and responsibilities imposed by this Article, or in common law, from
any claim arising out of, or attributed to, the plan review or acceptance of
signed and sealed pavement design standards submitted pursuant to this
subsection. Nothing in this section subsection limits the
authority of local governments or the Department of Transportation to regulate
private roads, driveways, or street connections to a public system, or to
regulate transportation and utilities, pursuant to subsection (c) of this
section, or as otherwise authorized by law."
CLARIFY REQUIREMENTS FOR MODEL HOMES
SECTION 1.11.(a) Chapter 160D of the General Statutes is amended by adding a new Article to read:
"Article 15.
"Miscellaneous Provisions.
"§ 160D‑1501. Model homes within subdivision developments.
(a) Definition. For the purposes of this section, a "model home" means a residential dwelling built within a subdivision development constructed in compliance with the North Carolina Residential Code which will be temporarily utilized to display the dwellings and products offered, within the same subdivision development, to prospective purchasers.
(b) Temporary Mixed Occupancy; Temporary Certificate of Occupancy Issuance. A model home may include an area designated as a Business Group B occupancy, including for use as a sales office and conducting development‑related business with prospective purchasers. Upon completing the construction of a model home, a local government may issue a temporary certificate of occupancy pursuant to G.S. 160D‑1116 if the permit holder, in their request for the temporary certificate of occupancy, designates certain areas within the model home as a Business Group B occupancy.
(c) Accessibility Requirements. An area designated as, or leading to, Business Group B occupancies within the model home must meet accessibility requirements as required by State and federal law. Any other areas shall only be utilized for display purposes for prospective buyers to view the developer's product and for no other purpose.
(d) Display Area Signage. A permit holder receiving a temporary certificate of occupancy for a model home pursuant to subsection (b) of this section must conspicuously post and maintain signage at entrances to model home display areas specifying that the display area is only for prospective buyers to view the developer's product and for no other purpose.
(e) Utility Connections to Model Homes. All persons and units of local government authorizing the connection of electrical, water, sewer, and any related utility services to a model home must connect services requested by a permit holder upon issuance of a temporary certificate of occupancy to a model home pursuant to subsection (b) of this section.
(f) Permit Holder to Disconnect Bathroom Facilities. A permit holder receiving a temporary certificate of occupancy for a model home pursuant to this section shall shut off all water to bathroom facilities within a model home. Equitable bathroom facilities for accessibility shall be provided on the premises."
SECTION 1.11.(b) The section becomes effective January 1, 2025, and applies to applications for temporary certificates of occupancy submitted on or after that date.
PERFORMANCE GUARANTEES FOR SUBDIVISIONS
SECTION 1.12.(a) G.S. 160D‑804.1 reads as rewritten:
"§ 160D‑804.1. Performance guarantees.
To assure compliance with G.S. 160D‑804 and other development regulation requirements, a subdivision regulation may provide for performance guarantees to assure successful completion of required improvements.
For purposes of this section, all of the following apply with respect to performance guarantees:
(1) Type. The type of performance guarantee shall be at the election of the developer. The term "performance guarantee" means any of the following forms of guarantee:
a. Surety bond issued by any company authorized to do business in this State.
b. Letter of credit issued by any financial institution licensed to do business in this State.
c. Other form of guarantee that provides equivalent security to a surety bond or letter of credit.
(1a) Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.
(1b) Extension. A developer shall demonstrate reasonable, good‑faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the local government, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (3) of this subsection and shall include the total cost of all incomplete improvements.
(1c) Inspection. A local government shall conduct an inspection of the improvements subject to a performance guarantee within 30 days of a request received from a developer and advise the developer whether the improvements are completed to the required specifications. In the event a local government and developer disagree whether a required improvement is completed to the specifications of a local government, a developer may obtain a certification under seal from a licensed professional engineer that the required improvements have been completed to the specifications of the local government.
(2) Release. The
performance guarantee shall be returned or released, as appropriate, in a
timely manner within 30 days upon the acknowledgement by the local
government that the improvements for which the performance guarantee is being
required are complete. complete or upon receipt of a certification
under seal from a professional engineer that the required improvements have
been completed to the specification of the local government. The local
government shall return letters of credit or escrowed funds within 30 days upon
completion of the required improvements to its specifications or upon
acceptance of the required improvements, if the required improvements are
subject to local government acceptance. When required improvements that are
secured by a bond are completed to the specifications of the local government,
or are accepted by the local government, if subject to its acceptance, upon
request by the developer, the local government shall timely provide written
acknowledgement that the required improvements have been completed.
(3) Amount. The amount of the performance guarantee shall not exceed one hundred twenty‑five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. The local government may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty‑five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty‑five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(3a) Timing. A local government, at its discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time subsequent to plat recordation.
(4) Coverage. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion. No performance guarantee may be required for maintenance of any improvement once the improvement is completed to the specification of a local government or upon receipt of a certification under seal from a professional engineer that the required improvements have been completed to the specification of the local government.
(5) Legal responsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:
a. The local government to whom the performance guarantee is provided.
b. The developer at whose request or for whose benefit the performance guarantee is given.
c. The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.
(6) Multiple guarantees. The developer shall have the option to post one type of a performance guarantee as provided for in subdivision (1) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.
(7) Exclusion. Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section."
SECTION 1.12.(b) This section becomes effective January 1, 2025, and applies to permit applications submitted on or after that date.
PART II. NORTH CAROLINA STATE BUILDING CODE
LOCAL FIRE PREVENTION CODE UNIFORMITY WITHIN DWELLINGS SUBJECT TO THE NORTH CAROLINA RESIDENTIAL CODE
SECTION 2.1. G.S. 143‑138(e) reads as rewritten:
"(e) Effect upon Local Codes. Except as otherwise provided in this section, the North Carolina State Building Code shall apply throughout the State, from the time of its adoption. Approved rules shall become effective in accordance with G.S. 150B‑21.3. However, any political subdivision of the State may adopt a fire prevention code and floodplain management regulations within its jurisdiction. Provided a political subdivision shall not adopt local fire prevention code provisions which apply to dwellings subject to the North Carolina Residential Code which are not prescriptively required by the North Carolina Residential Code. The territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areas within the corporate limits of the municipality and extraterritorial jurisdiction areas established as provided in G.S. 160D‑202 or a local act; county jurisdiction shall include all other areas of the county. No such code or regulations, other than floodplain management regulations and those permitted by G.S. 160D‑1128, shall be effective until they have been officially approved by the Building Code Council as providing adequate minimum standards to preserve and protect health and safety, in accordance with the provisions of subsection (c) above. Local floodplain regulations may regulate all types and uses of buildings or structures located in flood hazard areas identified by local, State, and federal agencies, and include provisions governing substantial improvements, substantial damage, cumulative substantial improvements, lowest floor elevation, protection of mechanical and electrical systems, foundation construction, anchorage, acceptable flood resistant materials, and other measures the political subdivision deems necessary considering the characteristics of its flood hazards and vulnerability. In the absence of approval by the Building Code Council, or in the event that approval is withdrawn, local fire prevention codes and regulations shall have no force and effect. Provided any local regulations approved by the local governing body which are found by the Council to be more stringent than the adopted statewide fire prevention code and which are found to regulate only activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion or related hazards, and are not matters in conflict with the State Building Code, may be approved. Local governments may enforce the fire prevention code of the State Building Code using civil remedies authorized under G.S. 143‑139, 153A‑123, and 160A‑175. If the Commissioner of Insurance or other State official with responsibility for enforcement of the Code institutes a civil action pursuant to G.S. 143‑139, a local government may not institute a civil action under G.S. 143‑139, 153A‑123, or 160A‑175 based upon the same violation. Appeals from the assessment or imposition of such civil remedies shall be as provided in G.S. 160D‑1127.
A local government may not adopt any ordinance in conflict with the exemption provided by subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the exemption provided by subsection (c1) of this section."
FIRE‑RESISTANCE REQUIREMENTS FOR TOWNHOUSE END UNITS
SECTION 2.2.(a) Definitions. For purposes of this section, "Code" means the North Carolina State Building Code collection, and amendments to the Code, as adopted by the Council. As used in this section, "Council" means the Building Code Council. On or after January 1, 2025, "Council" means the Residential Code Council.
SECTION 2.2.(c) Implementation. Notwithstanding Section R302 and Table R302.1 within the North Carolina Residential Code, a fire separation distance between the exterior end wall of a townhouse building having a fire‑resistance rating of 0 hours and the closest interior lot line may be less than 3 feet when any exterior elements of an adjacent townhouse or building are located at a distance equal to or greater than 6 feet. Any separation of an exterior end wall of a townhouse building less than 6 feet shall provide a minimum cumulative fire‑resistance rating of 2 hours.
SECTION 2.2.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend Section R302 and Table R302.1 to be consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.2.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
GROUND FAULT CIRCUIT‑INTERRUPTER (GFCI) PROTECTION FOR SUMP PUMPS LOCATED IN CRAWLSPACES AND BASEMENTS
SECTION 2.3.(a) Definitions. For purposes of this section, "Code" means the North Carolina State Building Code collection, and amendments to the Code, as adopted by the Council. As used in this section, "Council" means the Building Code Council. On or after January 1, 2025, "Council" means the Residential Code Council.
SECTION 2.3.(b) GFCI Rule. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to Section 210.8 of the North Carolina Electrical Code.
SECTION 2.3.(c) Implementation. For single‑phase 15‑ and 20‑ ampere receptacles supplied by a branch circuit dedicated to electric sump pumps to prevent flooding installed in locations specified in Sections 210.8(A)(4) and 210.8(A)(5) that are required to have ground‑fault circuit interrupter protection for personnel, the ground‑fault circuit interrupter protection reset for those receptacles must be installed at a readily accessible location within the dwelling unit, and with an indicator light, and clear descriptive labeling to indicate that the receptacles are de‑energized due to ground‑fault protection application rendering the sump pumps inoperable.
SECTION 2.3.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend Section 210.8 of the North Carolina Electrical Code to be consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.3.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
STAIRWAY ADJACENT GLAZING REQUIREMENTS
SECTION 2.4.(a) Definitions. For purposes of this section, "Code" means the North Carolina State Building Code collection, and amendments to the Code, as adopted by the Council. As used in this section, "Council" means the Building Code Council. On or after January 1, 2025, "Council" means the Residential Code Council.
SECTION 2.4.(b) Stairway Glazing Rule. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to the Section R308.4 within the North Carolina Residential Code.
SECTION 2.4.(c) Implementation. Notwithstanding Section R308.4, glazing adjacent to a landing at the top of a stairway or ramp that is located more than 18 inches above the landing shall not be considered to be a hazardous location.
SECTION 2.4.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend Section R308.4 of the North Carolina Residential Code to be consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.4.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
ELECTRIC WATER HEATER ELEVATION REQUIREMENTS
SECTION 2.5.(a) Definitions. For purposes of this section, "Code" means the North Carolina State Building Code collection, and amendments to the Code, as adopted by the Council. As used in this section, "Council" means the Building Code Council. On or after January 1, 2025, "Council" means the Residential Code Council.
SECTION 2.5.(b) Water Heater Rule. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to the Section P2801.7 within the North Carolina Residential Code.
SECTION 2.5.(c) Implementation. Notwithstanding Section P2801.7, elevation of the ignition source is not required for electric water heaters.
SECTION 2.5.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend Section P2801.7 of the North Carolina Residential Code to be consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.5.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
IMPLEMENTATION OF CODE CHANGES FOR USE OF CERTAIN INSULATION IN UNVENTED ATTIC AND ENCLOSED RAFTER ASSEMBLIES
SECTION 2.6. Section 6 of S.L. 2023‑108 reads as rewritten:
"AMEND INSULATION REQUIREMENTS FOR UNVENTED ATTIC AND ENCLOSED RAFTER ASSEMBLIES
"SECTION 6.(a) Definitions. As used in this section, "Code" means the current North Carolina State Building Code collection, and amendments to the Code, as adopted by the Council. For purposes of this section and its implementation, "R402 Rules" means provisions and tables within Section 402, Building Thermal Envelope, North Carolina Residential Provisions, of the North Carolina Energy Conversation Code. As used in this section, "Council" means the Building Code Council. On or after January 1, 2025, "Council" means the Building Code Council and the Residential Code Council as created in Section 1 of this act.
"SECTION 6.(b) R402 Rules Amendment. The Council shall amend R402 Rules to include, as an optional alternative to residential ceiling insulation minimums, minimum insulation requirements for the use of air‑impermeable insulation in areas with unvented attic and unvented enclosed rafter assemblies. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to the R402 rules within the North Energy Conservation Code.
"SECTION 6.(c)
Implementation. The Council shall
amend R402 Rules to include, as an optional alternative to residential ceiling
insulation minimums, minimum insulation requirements for the use of air‑impermeable
insulation in unvented attic and unvented enclosed rafter assemblies. In developing
this amendment, the Council shall include in that optional alternative that where
Where R402 Rules require R‑38 insulation in the ceiling,
installing air‑impermeable insulation, as follows, to the underside or
directly above the roof deck shall be deemed to satisfy the R‑38 requirements:
requirement in areas with unvented attic or unvented enclosed rafter
assemblies: (i) R‑20 (equivalent U‑factor 0.05) for climate
zone 3; (ii) R‑25 (equivalent U‑factor 0.037) for climate zone 4;
and (iii) R‑25 (equivalent U‑factor 0.037) for climate zone 5.
These air‑impermeable insulation alternative R‑value minimums apply
in residences with areas with unvented attic or unvented enclosed rafter
assemblies and meeting the following criteria:
(1) The unvented attic or unvented enclosed rafter assemblies are constructed under Section R806.5 of the North Carolina Residential Code.
(2) The residence contains a mechanical ventilation system that operates on a positive, balanced, or hybrid pressure strategy.
(3) For residences with air‑impermeable insulation installed below the roof deck, exposed portions of the roof rafters are wrapped by a minimum of R‑3 insulation unless directly covered by drywall or finished ceiling material. For residences with air‑impermeable insulation installed above the roof deck, roof rafters do not require insulation wrapping if air‑impermeable insulation installed above the roof deck is continuous.
(4) The residence obtains an ACH50 blower door test result of less than 3.0.
(5) The residence contains heating, cooling, and ventilation equipment and ductwork within thermal envelope.
"SECTION 6.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend the R402 Rules to be consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
"SECTION 6.(c)
SECTION 6.(e) Sunset. This section expires when permanent
rules adopted as required by subsection (b) subsection (d) of
this section become effective."
SECTION 2.7. Section 9 of S.L. 2023‑108 reads as rewritten:
"AMEND THE RESIDENTIAL CODE TO INCLUDE THREE‑AND FOUR‑FAMILY DWELLINGS
"SECTION 9.(a) Definitions. As used in this section, "Code" means the current North Carolina State Building Code collection and amendments to the Code, as adopted by the Council. As used in this section, "Council" means the Building Code Council. On or after January 1, 2025, "Council" means the Residential Code Council as created in Section 1 of this act. As used in this section, a "three‑ and four‑family dwelling" means a single building constructed with three‑ or four‑dwelling units within the building that is two or less stories above grade plane, located solely on an individual lot.
"SECTION 9.(b) The
Council shall adopt rules to amend the North Carolina Residential Code to
include three‑family (triplex) and four‑family (quadplex) three‑
and four‑family dwellings within its scope by modifying,
transitioning, and establishing minimum prescriptive requirements to address
the design and construction of those dwellings and make conforming changes to
the Code in accordance with this section. In amending rules pursuant to this subsection,
section, the Council shall not require greater than a 2‑hour
fire resistance rating for triplex and quadplex three‑ and four‑family
dwelling common wall, floor, and ceiling separation assemblies or require
automatic fire sprinkler systems within the North Carolina Residential Code.
Until the effective date of the rules to amend the Code that the Council is
required to adopt pursuant to this section, the Council and local governments
enforcing the Code shall follow the provisions of this section and subsection
(c) of this section as it relates to the construction of three‑ and four‑
family dwellings.
"SECTION 9.(c) Implementation. Three‑ and four‑family dwellings shall be constructed in conformance with the North Carolina Residential Code, and in cases where the North Carolina Residential Code does not address materials, design, or methods of construction unique to three‑ and four‑family dwellings, reasonable materials, design, or methods of construction shall be utilized and approved when in compliance with the intent and provisions of this section, and with reasonable extension of the provisions of the North Carolina Residential Code. Three‑ and four‑family dwellings shall: (i) be required to have a 2‑hour fire resistance rating for three‑ and four‑family dwelling common wall, floor, and ceiling separation assemblies; (ii) shall not be required to have automatic fire sprinkler systems installed; and (iii) shall have exits located on an exterior wall or through a common 2‑hour fire resistant rated corridor.
"SECTION 9.(e) Residential Contractor Classification Temporary Expansion. Notwithstanding G.S. 87‑10(b)(1a), 21 NCAC 12A .0202, and G.S. 87‑13, a person in the State of North Carolina utilizing a residential contractor general contractor license classification may engage in all construction and demolition activity pertaining to the construction of three‑ and four‑family dwellings, and the State Licensing Board for General Contractors shall not take disciplinary action against a licensee for the unauthorized practice of contracting solely on the basis of exceeding a residential contractor license classification pending the transition of the three‑ and four‑family dwellings to the North Carolina Residential Code pursuant to this section.
"SECTION 9.(c) SECTION
9.(f) Sunset. This section expires when the permanent rules adopted
as required by subsection (b) subsection (d) of this section
become effective.
"SECTION 9.(d) SECTION
9.(g) This section is effective when it becomes law."
GROUND FAULT CIRCUIT INTERRUPTER (GFCI) PROTECTION FOR RECREATIONAL VEHICLE SITE EQUIPMENT
SECTION 2.8.(a) Definitions. As used in this section, "Council" means the North Carolina Building Code Council, and "Code" means the current North Carolina Building Code collection, and amendments to the Code, as adopted by the Council.
SECTION 2.8.(b) Recreational Vehicle Site Equipment GFCI Rule. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to Section 551.71(F)(2) of the 2023 North Carolina Electrical Code.
SECTION 2.8.(c) Implementation. Notwithstanding Section 551.71(F)(2) of the 2023 North Carolina Electrical Code or any provision of the Code or law to the contrary, for receptacles installed in recreational vehicle site equipment, ground‑fault circuit‑interrupter protection shall only be required for 125‑volt, single‑phase, 15‑ and 20‑ampere receptacles.
SECTION 2.8.(d) Additional Rulemaking Authority. The Council shall adopt a rule to amend Section 551.71(F)(2) of the 2023 North Carolina Electrical Code consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this subsection shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.8.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
EXCLUDE ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) LOAD FROM FEEDER AND SERVICE LOAD CALCULATIONS FOR DWELLINGS SUBJECT TO THE NORTH CAROLINA RESIDENTIAL CODE
SECTION 2.9.(a) Definitions. As used in this section, "Council" means the North Carolina Building Code Council, and "Code" means the current North Carolina Building Code collection, and amendments to the Code, as adopted by the Council.
SECTION 2.9.(b) Electric Vehicle Supply Equipment Rule. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to Article 220, Branch‑Circuit Feeder, and Service Local Calculations, and Section 220.57, Electric Vehicle Supply Equipment (EVSE) Load, of the 2023 North Carolina Electrical Code.
SECTION 2.9.(c) Implementation. Notwithstanding Article 220, Branch‑Circuit Feeder, and Service Local Calculations, and Section 220.57, Electric Vehicle Supply Equipment (EVSE) Load, of the 2023 North Carolina Electrical Code, electric vehicle supply equipment (EVSE) loads shall not be required for the purpose of calculating loads for electrical feeder or service to dwellings subject to the North Carolina Residential Code.
SECTION 2.9.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend Article 220, Branch‑Circuit Feeder, and Service Local Calculations, and Section 220.57, Electric Vehicle Supply Equipment (EVSE) Load, of the 2023 North Carolina Electrical Code, consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this subsection shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.9.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
AMEND EMERGENCY RESPONDER COMMUNICATION COVERAGE EXCEPTION
SECTION 2.10.(a) Definitions. As used in this section, "Council" means the North Carolina Building Code Council, and "Code" means the current North Carolina Building Code collection, and amendments to the Code, as adopted by the Council.
SECTION 2.10.(b) Emergency Responder Communication Coverage Rule. Until the effective date of the rules to amend the Code that the Council is required to adopt pursuant to this section, the Council and local governments enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to Exception 4. of Section 510.1, Emergency Responder Communication Coverage in New Buildings, of the North Carolina Fire Code.
SECTION 2.10.(c) Implementation. Notwithstanding Exception 4. of Section 510.1, Emergency Responder Communication Coverage in New Buildings, of the North Carolina Fire Code, one‑story buildings not exceeding 12,000 square feet with no below‑ground areas are excepted from the requirements of Section 510.1.
SECTION 2.10.(d) Additional Rulemaking Authority. The Council shall adopt rules to amend Exception 4. of Section 510.1, Emergency Responder Communication Coverage in New Buildings, of the North Carolina Fire Code, consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Council pursuant to this subsection shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 2.10.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
PART III. CONSTRUCTION CONTRACTORS AND DESIGN PROFESSIONALS
COURT AWARDS FOR CONTRACTOR VIOLATIONS
SECTION 3.1.(a) G.S. 87‑25.1 reads as rewritten:
"§ 87‑25.1. Board may seek injunctive relief.
(a) Whenever it appears to the Board that any person,
firm or corporation is violating any of the provisions of this Article or of
the rules and regulations of the Board promulgated under this Article, the
Board may apply to the superior court for a restraining order and injunction to
restrain the violation; and the violation. The superior courts
have jurisdiction to grant the requested relief, irrespective of whether or not
criminal prosecution has been instituted or administrative sanctions imposed by
reason of the violation. The court may award the Board its reasonable costs
associated with the investigation and prosecution of the violation.
(b) When the Board prevails in actions brought under this section, the court shall award the Board its reasonable attorney's fee not to exceed five thousand dollars ($5,000) plus the costs associated with obtaining the relief and the investigation and prosecution of the violation.
(c) Examination applicants who have failed to pay a court award pursuant to subsection (b) of this section shall not be allowed to take any examination offered by the Board until the award has been satisfied."
SECTION 3.1.(b) G.S. 87‑48 reads as rewritten:
"§ 87‑48. Penalty for violation of Article; powers of Board to enjoin violation.
(a) Any person, partnership, firm, or corporation that violates any of the provisions of this Article or that engages or offers to engage in the business of installing, maintaining, altering, or repairing within North Carolina any electric wiring, devices, appliances, or equipment without first having obtained a license under the provisions of this Article is guilty of a Class 2 misdemeanor.
(b) Whenever it shall appear to the State Board of Examiners of Electrical Contractors that any person, partnership, firm or corporation has violated, is violating, or threatens to violate any provisions of this Article, the Board may apply to the courts of the State for a restraining order and injunction to restrain such practices. If upon such application the court finds that any provision of this Article is being violated, or a violation thereof is threatened, the court shall issue an order restraining and enjoining such violations, and such relief may be granted regardless of whether criminal prosecution is instituted under the provisions of this Article. The venue for actions brought under this subsection shall be the superior court of any county in which such acts are alleged to have been committed or in the county where the defendants in such action reside.
(c) When the Board prevails in actions brought under this section, the court shall award the Board its reasonable attorney's fee not to exceed five thousand dollars ($5,000) plus the costs associated with obtaining the relief and the investigation and prosecution of the violation.
(d) Examination applicants who have failed to pay a court award pursuant to subsection (c) of this section shall not be allowed to take any examination offered by the Board until the award has been satisfied."
SECTION 3.1.(c) This section is effective when it becomes law and applies to actions filed or commenced on or after that date.
AMEND ELECTRICAL CONTRACTOR LICENSURE REQUIREMENTS
SECTION 3.2.(a) G.S. 87‑43.3(a)(1) reads as rewritten:
"(1) Limited, under which
a licensee shall be permitted to engage in a single electrical contracting
project of a value, as established by the Board, not in excess of one hundred
thousand dollars ($100,000) and on which the equipment or installation in the
contract is rated at not more than 600 1,000 volts. The limited classification
and any special restricted classifications shall require no more than 3,000
hours of experience, of which, no less than 2,000 hours shall consist of
primary experience gained by direct installation of electrical wiring and
equipment governed by the National Electric Code."
SECTION 3.2.(b) This section becomes effective January 1, 2025.
FUEL GAS CODE REFERENCE FOR ELECTRICAL CONTRACTOR EXEMPTION
SECTION 3.3. G.S. 87‑43.1(8) reads as rewritten:
"(8) To the bonding of
corrugated stainless steel tubing (CSST) gas piping systems as required under
Section 310.1.1 of the 2012 N.C. North Carolina Fuel Gas
Code."
CREATE A BUILDING CODE PERMIT TECHNICIAN CERTIFICATION
SECTION 3.4.(a) G.S. 143‑151.12 reads as rewritten:
"§ 143‑151.12. Powers.
In addition to powers conferred upon the Board elsewhere in this Article, the Board has the power to do the following:
(3a) Certify persons as being qualified under the provisions of this Article to be North Carolina State Building Code Permit Technicians.
."
SECTION 3.4.(b) Article 9C of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑151.22. North Carolina State Building Code Permit Technician; certification program; professional development requirements; renewal of certificates; fees; exam waivers.
(a) State Building Code Permit Technician Certification Program. The Board shall develop a North Carolina State Building Code Permit Technician certification program and North Carolina State Building Code Permit Technician Certificate. To obtain a certificate, a person must pass an examination, as prescribed by the Board, that is based on the North Carolina State Building Code, administrative procedures applicable to permit administration, and relevant topics in support of Code‑enforcement officials and local inspection departments. The Board may issue a certificate to each person who successfully completes the examination. The certificate shall bear the signatures of the chairman and secretary of the Board.
(b) Professional Development Standards for Renewal. The Board may establish professional development requirements for North Carolina State Building Code Permit Technicians as a condition of the renewal of their certificates. The purpose of these professional development requirements is to assist in maintaining professional competence. A certificate holder subject to this section shall present evidence to the Board at each certificate renewal after initial certification that during the 12 months before the certificate expiration date, the certificate holder has completed the required number of credit hours in courses approved by the Board. Annual continuing education hour requirements shall be determined by the Board. The Board may, for good cause shown, grant extensions of time to certificate holders to comply with these requirements.
(c) Renewal Application. A North Carolina State Building Code Permit Technician Certificate must be renewed annually on or before the first day of July.
(d) Fee Authorization. The Board shall establish a schedule of fees to be paid by each applicant for initial certification and renewal certification as a North Carolina State Building Code Permit Technician. A fee of not more than twenty dollars ($20.00), as determined by the Board, must be paid by any applicant to the Board for the issuance of an initial certification. A fee of not more than ten dollars ($10.00), as determined by the Board, must be paid by any applicant to the Board for the issuance of a renewal certification. The Board is authorized to charge an extra four dollar ($4.00) late renewal fee for renewal applications made after the first day of July each year.
(e) Qualified Code‑Enforcement Official Exam Waiver. The Board shall, without requiring an examination, grant a certificate pursuant to this section to any person who, at the time of application, possesses a Building Inspector standard certificate issued by the Board and who is in good standing. The Board may assess a fee for a certificate issued pursuant to this subsection, to the extent authorized by subsection (d) of this section for an initial certification.
(f) Comity. The Board may, without requiring an examination, grant a certificate pursuant to this section to any person who, at the time of application, is similarly certified as a permit technician in good standing by a similar board of another jurisdiction or certified as a permit technician in good standing by the International Code Council, where standards are acceptable to the Board. The certificate granted under this subsection shall expire after one year unless, within that time period, the holder completes a short course, as prescribed by the Board, based on the North Carolina State Building Code and administrative procedures described in subsection (a) of this section. The Board may assess a fee for a certificate issued pursuant to this subsection, to the extent authorized by subsection (d) of this section for an initial certification."
SECTION 3.4.(c) This section becomes effective July 1, 2024.
LOCAL GOVERNMENT REVIEW OF SEALS OF DESIGN
SECTION 3.5. Article 1 of Chapter 160D of the General Statutes is amended by adding a new section to read:
"§ 160D‑111. Local government review of affixed seals of design.
Administrative staff, Code‑enforcement officials, or other local government personnel charged with reviewing plans required by this Chapter shall not make administrative decisions on the scope of work covered by architect or engineer seals of designs affixed to work as required by Chapter 83A or Chapter 89C of the General Statutes, the North Carolina State Building Code, or as otherwise required by law. Nothing in this section should be construed to prevent a local government from reviewing plans, drawings, specifications, reports, or other work that requires a seal pursuant to Chapter 83A or Chapter 89C of the General Statutes, the North Carolina State Building Code, or other relevant laws, before an architect or engineer seal is affixed, to ensure compliance with applicable codes, ordinances, or other design standards or requirements."
PART IV. Environment and environmental health
CLARIFY SECTION 13(b) OF S.L. 2023‑108, WHICH PROHIBITED LOCAL GOVERNMENTS FROM REQUIRING PAYMENTS FROM OWNERS OF STORMWATER CONTROL SYSTEMS FOR FUTURE MAINTENANCE OR REPLACEMENT COSTS OF A SYSTEM
SECTION 4.1. Section 13(b) of S.L. 2023‑108 reads as rewritten:
"SECTION 13.(b) If,
prior to the effective date of G.S. 160D‑925(d1), as enacted by
subsection (a) of this section, a local government has required an owner of a
privately owned and maintained stormwater control project to make payments to
the local government for the purpose of ensuring assets are available for
maintenance, repair, replacement, and reconstruction costs of the owner's
stormwater control project or other stormwater control projects within the
local government's jurisdiction, in accordance with G.S. 160D‑925(d1),
as enacted by subsection (a) of this section, the local government shall
shall, upon request of the owner of the stormwater control project,
immediately refund the monies to the owner of the stormwater control project to
make such funds accessible to the owner to cover necessary maintenance,
repair, replacement, and reconstruction costs for the owner's stormwater
control project. project, in accordance with G.S. 160D‑925(d1).
For stormwater control projects in residential communities, in the event maintenance,
repair, replacement or reconstruction of a project is needed, such funds shall
be exhausted before the local government may assess costs of the necessary work
on individual homeowners within the community, or any applicable owners'
association."
SECTION 4.2.(a) Definitions. For purposes of this section, "Stormwater Control Measure Rule" means 15A NCAC 02H .1050 (Minimum Design Criteria for All Stormwater Control Measures).
SECTION 4.2.(b) Stormwater Control Measure Rule. Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Stormwater Control Measure Rule as provided in subsection (c) of this section.
SECTION 4.2.(c) Implementation. The Commission shall eliminate the requirement that an Operation and Management (O&M) Agreement be referenced on the final plat and recorded with the county Register of Deeds upon final plat approval. In lieu, the Commission shall require that an O&M Agreement be referenced upon any instrument of title recorded with the county Register of Deeds. For the purposes of this subsection, "instrument of title" means any recorded instrument that affects title or constitutes the chain of title to real property, including, but not limited to, all deeds, wills, estate documents evidencing transfer of title, plats, surveys, easements, rights‑of‑way, outstanding mortgages and deeds of trust, judicial orders or decrees, and documents evidencing intestate succession.
SECTION 4.2.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Stormwater Control Measure Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.2.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
AMEND NCDEQ FAST TRACK SEWER CERTIFICATIONS
SECTION 4.3.(a) G.S. 143‑215.1(d) reads as rewritten:
"(d) Applications and Permits for Sewer Systems, Sewer System Extensions and Pretreatment Facilities, Land Application of Waste, and for Wastewater Treatment Facilities Not Discharging to the Surface Waters of the State.
(1) All applications for new
permits and for renewals of existing permits for sewer systems, sewer system
extensions and for disposal systems, and for land application of waste, or
treatment works which do not discharge to the surface waters of the State, and all
permits or renewals and decisions denying any application for permit or renewal
shall be in writing. Where the Commission has provided a digital submission
option, the submission shall constitute a written submission. The
Commission shall act on a permit application as quickly as possible. The
Commission may conduct any inquiry or investigation it considers necessary
before acting on an application and may require an applicant to submit plans,
specifications, and other information the Commission considers necessary to
evaluate the application. If the Commission fails to act on an application
for a permit, including a renewal of a permit, within 90 days after the
applicant submits all information required by the Commission, the application
is considered to be approved. Permits and renewals issued in approving such
facilities pursuant to this subsection shall be effective until the date
specified therein or until rescinded unless modified or revoked by the
Commission. Prior to acting on a permit application for the land application of
bulk residuals resulting from the operation of a wastewater treatment facility,
the Commission shall provide notice and an opportunity for comment from the
governing board of the county in which the site of the land application of bulk
residuals is proposed to be located. Local governmental units to whom
pretreatment program authority has been delegated shall establish, maintain,
and provide to the public, upon written request, a list of pretreatment
applications received. If the Commission fails to act on an application for
a permit or for a renewal of a permit as specified in this subdivision after
the applicant submits all information required by the Commission, the
application shall be deemed approved.
a. Fast‑track sewer extensions. Where a professional engineer provides certification that the design meets or exceeds Minimum Design Criteria developed by the Department applicable to the project, the Commission shall perform a review of a new application for a sewer system extension permit within 45 days of receipt of a complete application. A complete application is defined as an application that includes all the required components described in the application form. The Commission shall perform an administrative review of a new application within 10 days of receipt to determine if all the required information is included in the application. If complete, the Commission shall issue a receipt letter or electronic response stating that the application is complete and that a 45‑calendar day technical review period has started as of the original date the complete application was received. If required items or information is not included, the application shall be deemed incomplete, and the Commission shall issue an application receipt letter or electronic response identifying the information required to complete the application package before the technical review begins. When the required information is received, the Commission shall then issue a receipt letter or electronic response specifying that it is complete and that the 45‑calendar day review period has started as of the date of receipt of all required information. If additional information is required to complete the technical review, the Commission shall issue a request for additional information required to complete the review, and the review time shall pause until the additional information is received. If the requested additional information is not received within 30 days, the application shall be returned to the applicant. Upon receipt of the requested additional information, the review time shall restart at the same day it was paused by the additional information request. If approved, the Commission shall issue an approval letter or electronic correspondence indicating approval of the application. After construction of the sewer system is completed, and within 14 days of receiving all necessary certifications from a professional engineer that the sewer system extension complies with all applicable rules and Minimum Design Criteria, the Commission shall issue a receipt of certification. Applications for alternative sewer systems as defined in sub‑subdivision b. of this subdivision are not eligible for this fast‑track review.
b. "Alternative sewer system" means any sewer system or collection system other than a gravity system or standard pump station and force main. These include pressure sewer systems, septic tank with effluent pump (STEP) sewer systems, vacuum sewer system, and small diameter variable grade gravity sewers.
(2) An applicant for a permit to dispose of petroleum contaminated soil by land application shall give written notice that he intends to apply for such a permit to each city and county government having jurisdiction over any part of the land on which disposal is proposed to occur. The Commission shall not accept such a permit application unless it is accompanied by a copy of the notice and evidence that the notice was sent to each such government by certified mail, return receipt requested. The Commission may consider, in determining whether to issue the permit, the comments submitted by local governments."
SECTION 4.3.(b) The Commission shall adopt amendments to its relevant permitting rules to reflect the statutory changes made by subsection (a) of this section.
SECTION 4.3.(c) Subsections (a) and (b) of this section become effective July 1, 2024.
ON‑SITE WASTEWATER CONTRACTORS AND INSPECTORS BOARD CHANGES
SECTION 4.4.(a) Article 5 of Chapter 90A of the General Statutes reads as rewritten:
"Article 5.
"Certification of On‑Site Wastewater Contractors and Inspectors.
"§ 90A‑70. Purpose.
It is the purpose of this Article
to protect the environment and public health, safety, and welfare by ensuring
the integrity and competence of on‑site wastewater contractors contractors,
Authorized On‑Site Wastewater Evaluators, private compliance inspectors, and
point‑of‑sale inspectors; to require the examination of on‑site
wastewater contractors contractors, Authorized On‑Site Wastewater
Evaluators, private compliance inspectors, and point‑of‑sale
inspectors and the certification of their competency to supervise or
conduct the construction, installation, repair, repair, evaluation, or
inspection of on‑site wastewater systems; to establish minimum standards
for ethical conduct, responsibility, training, experience, and continuing
education for on‑site wastewater system contractors contractors,
Authorized On‑Site Wastewater Evaluators, private compliance inspectors, and
point‑of‑sale inspectors; and to provide appropriate
enforcement procedures for rules adopted by the North Carolina On‑Site
Wastewater Contractors and Inspectors Certification Board.
"§ 90A‑71. Definitions.
The following definitions apply in this Article:
(1) "Authorized On‑Site Wastewater Evaluator" is as defined in G.S. 130A‑336.2(a).
(2) "Board" means the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board.
(2)(3) "Contractor"
means a person who constructs, installs, or repairs, or offers to construct, install,
or repair an on‑site wastewater system in the State.
(3)(4) "Conventional
wastewater system" has the same meaning as is as defined in
G.S. 130A‑343(a)(3).
(4)(5) "Department"
means the Department of Health and Human Services.
(4a)(6) "Inspection"
means an examination of an on‑site wastewater system permitted under the
provisions of Article 11 of Chapter 130A of the General Statutes that satisfies
all of the following criteria:
a. Is requested by a lending institution, realtor, prospective homebuyer, or other impacted party as a condition of sale, refinancing, or transfer of title.
b. Meets the minimum requirements established by the Board.
(5)(7) "Inspector"
means a person who conducts an inspection in accordance with rules adopted by
the Board.
(6)(8) "On‑site
wastewater system" means any wastewater system permitted under the
provisions of Article 11 of Chapter 130A of the General Statutes that does not
discharge to a treatment facility or the surface waters of the State.
(7)(9) "Person"
means all persons, including individuals, firms, partnerships, associations,
public or private institutions, municipalities, or political subdivisions,
governmental agencies, or private or public corporations organized and existing
under the laws of this State or any other state or country.
(10) "Private Compliance Inspector" means a person who is hired by the owner of a wastewater system, contractor, professional engineer, or Authorized On‑Site Wastewater Evaluator to perform a compliance inspection of a new on‑site wastewater system or for the repair of an existing on‑site wastewater system permitted under the provisions of Article 11 of Chapter 130A of the General Statutes. The owner or applicant for the wastewater system being constructed or repaired shall sign a Board‑approved document accepting the Private Compliance Inspector.
(8)(11) "Wastewater
treatment facility" means a mechanical or chemical treatment facility
serving a site with multiple wastewater sources.
"§ 90A‑72. Certification required; applicability.
(a) Certification Required. No person shall construct, install, or repair or offer to construct, install, or repair an on‑site wastewater system permitted under Article 11 of Chapter 130A of the General Statutes without being certified as a contractor at the required level of certification for the specified system. No person shall conduct an inspection or offer to conduct an inspection of an on‑site wastewater system as permitted under Article 11 of Chapter 130A of the General Statutes without being certified in accordance with the provisions of this Article. No person shall conduct an evaluation or offer to conduct the services authorized in G.S. 130A‑336.2(a) without being certified as an Authorized On‑Site Wastewater Evaluator. No person shall conduct or offer to conduct a private compliance inspection of an on‑site wastewater system for compliance with the designs of a Construction Authorization issued pursuant to G.S. 130A‑335(a5) or a Notice of Intent to Construct issued pursuant to G.S. 130A‑336.1 or G.S. 130A‑336.2 unless certified as a Private Compliance Inspector or pursuant to G.S. 130A‑337(a1). The Private Compliance Inspector shall obtain written consent from the professional engineer pursuant to G.S. 130A‑336.1 or the Authorized On‑Site Wastewater Evaluator pursuant to G.S. 130A‑336.2 prior to conducting the compliance inspection.
(b) Applicability. This Article does not apply to the following:
(1) A person who is employed by a certified contractor or inspector in connection with the construction, installation, repair, or inspection of an on‑site wastewater system performed under the direct and personal supervision of the certified contractor or inspector in charge.
(2) A person who constructs, installs, or repairs an on‑site wastewater system described as a single septic tank with a gravity‑fed gravel trench dispersal media when located on land owned by that person and that is intended solely for use by that person and members of that person's immediate family who reside in the same dwelling.
(3) A person licensed under Article 1 of Chapter 87 of the General Statutes who constructs or installs an on‑site wastewater system ancillary to the building being constructed or who provides corrective services and labor for an on‑site wastewater system ancillary to the building being constructed.
(4) A person who is certified by the Water Pollution Control System Operators Certification Commission and contracted to provide necessary operation and maintenance on the permitted on‑site wastewater system.
(5) A person permitted under Article 21 of Chapter 143 of the General Statutes who is constructing a water pollution control facility necessary to comply with the terms and conditions of a National Pollutant Discharge Elimination System (NPDES) permit.
(6) A person licensed under Article 1 of Chapter 87
of the General Statutes as a licensed public utilities contractor who is
installing or expanding a wastewater treatment facility, including a collection
system, designed by a registered professional engineer.
(7) A plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes, so long as the plumber is not performing plumbing work that includes the installation or repair of a septic tank or similar depository, such as a treatment or pretreatment tank or system, or lines, tanks, or appurtenances downstream from the point where the house or building sewer lines from the plumbing system meet the septic tank or similar depository. This subdivision shall not be construed to require a plumbing contractor to become certified as a contractor pursuant to this section to install or repair a grease trap, interceptor, or separator upstream from a septic tank or similar depository that complies with the requirements of the local health department.
(8) A person employed by the Department, a local health department, or a local health district, when conducting a regulatory inspection of an on‑site wastewater system for purposes of determining compliance.
"§ 90A‑75. Expenses and fees.
(a) Expenses. All salaries, compensation, and expenses incurred or allowed for the purposes of carrying out this Article shall be paid by the Board exclusively out of the funds received by the Board as authorized by this Article. No salary, expense, or other obligations of the Board may be charged against the General Fund of the State. Neither the Board nor any of its members or employees may incur any expense, debt, or financial obligation binding upon the State.
(b) Contributions. The Board may accept grants, contributions, devises, and gifts that shall be kept in the same account as the funds deposited in accordance with this Article and other provisions of the law.
(c) Fees. All fees shall be established in rules adopted by the Board. The Board shall establish fees sufficient to pay the costs of administering this Article, but in no event shall the Board charge a fee at an annual rate in excess of the following:
(1) Application for basic
certificationgrade level II $150.00$200.00
(2) Application for each grade
level IV $50.00$300.00
(3) Certification renewal
for: $100.00
a. Contractor or point‑of‑sale inspector $75.00
b. Authorized On‑Site Wastewater Evaluator $100.00
c. Private Compliance Inspector $100.00
(4) Reinstatement of revoked or suspended
Certification $500.00
(5) Application for on‑site wastewater
system inspector $200.00
(6) Application for authorized on‑site
wastewater
evaluator $300.00.$300.00
(7) Application for Private Compliance Inspector $300.00.
(c1) Use of Fees. All fees collected pursuant to this Article shall be held by the Board and used by the Board for the sole purpose of administering this Article.
(d) Audit. The Board is subject to the oversight of the State Auditor under Article 5A of Chapter 147 of the General Statutes.
"§ 90A‑77. Certification requirements.
(a) Certification. The
Board shall issue a certificate of the appropriate grade level to an
applicant who satisfies all of the following conditions:
(1) Is at least 18 years of age.
(2) Submits a properly completed application with all required supporting documents for the certification being applied for to the Board.
(3) Completes the basic on‑site
wastewater education program approved by the Board for the specific grade
level.For grade level II contractor certification, applicant shall
satisfy the following conditions:
a. Complete the basic on‑site wastewater education approved by the Board for any level.
b. Complete any additional class hours required for grade level II.
(3a) For grade level IV contractor certification, applicant shall satisfy the following conditions:
a. Hold current and satisfactory certification of grade level II for a minimum of two years prior to application for grade level IV.
b. Complete any additional class hours required for grade level IV.
(3b) For inspector certification, applicant shall satisfy the following conditions:
a. Complete the point‑of‑sale inspector education approved by the Board.
b. Complete any additional class hours required for point‑of‑sale inspector certification.
d. In lieu of the experience requirements in this subdivision, an applicant may instead complete the approved education requirements for the grade IV contractor certification as required by the Board.
(3c) For Authorized On‑Site Wastewater Evaluator, applicant shall complete the Authorized On‑Site Wastewater Evaluator education approved by the Board.
(3d) For Private Compliance Inspector, applicant shall satisfy the following conditions:
a. Complete the Private Compliance Inspector education approved by the Board.
b. Complete any additional class hours required by the Board for compliance inspector certification.
c. Have a minimum of 5 years of experience as a certified contractor, Authorized On‑Site Wastewater Evaluator, subsurface operator, or a registered environmental health specialist with experience in on‑site wastewater matters.
d. Not be employed by a local health department.
(4) Repealed by Session Laws 2010‑31, s. 13.2(l), effective July 1, 2010.
(5) Completes any additional training program designed by the Board specific to the grade level for which the applicant is applying.
(6) Pays the applicable fees
set by the Board for the particular application and grade level.application.
(7) For the specific grade
level, as determined by the Board, passes Passes a written or oral
examination that tests the applicant's proficiency in all of the following
areas:
a. Principles of public and environmental health associated with on‑site wastewater systems.
b. Principles of construction and safety.
c. Technical and practical
knowledge of on‑site wastewater systems typical to the specified grade
level.systems.
d. Laws and rules related to
the installation, construction, repair, or inspection point‑of‑sale
inspection, evaluation, or private compliance inspection of the
specified on‑site wastewater system.systems.
(b) Location of Examinations. The Board shall provide a minimum of three examinations each year; one each in the eastern, central, and western regions of the State.
(b1) Any applicant for an exam shall submit the complete package to the Board no later than 15 business days prior to the exam date to be considered eligible for the exam.
(c) Approval of
Certification Programs. The Board may issue a certificate at the appropriate
grade level to an applicant who has completed an approved training or
continuing education program.
(d) No Degree Required. An applicant shall not be required to hold or obtain an educational diploma or degree to obtain a certificate. An applicant that meets all the conditions for certification except for passage of the Board examination may take the examination on three successive occasions without having to file for a new application, pay an additional application fee, or repeat any applicable training program. If the applicant fails to pass the Board examination on three successive occasions, the applicant must reapply to the Board, pay an additional application fee, and repeat the training program.
(e) Certificate. The
certification shall show the full name of the certificate holder. The
certificate shall provide a unique identification number and shall be signed by
the Chair. Issuance of the certificate by the Board shall be prima facie
evidence that the person named therein is entitled to all the rights and
privileges of a certified contractor or inspector, at the grade level
specified on the certificate, certificate, inspector, Authorized On‑Site
Wastewater Evaluator, or Private Compliance Inspector while the certificate
remains in effect.
(f) Replacement Certificate. A new certificate to replace one lost, destroyed, or mutilated shall be issued subject to rules adopted by the Board and with the payment of a fee set by the Board. The fee for a duplicate or replacement certificate shall not exceed twenty‑five dollars ($25.00).
"§ 90A‑78. Certification renewal.
(a) Renewal. All
certifications shall expire at intervals determined by the Board on
December 31 of each year unless they are renewed. In no event may the
interval determined by the Board be less than one year. To renew a
certification, a contractor or inspector contractor, inspector, Authorized
On‑Site Wastewater Evaluator, or Private Compliance Inspector must
meet all of the following conditions:
(1) Submit an application for
renewal on the form prescribed by the Board.Board, which includes all
supporting documents requested on the renewal form.
(2) Meet the following continuing
education requirements prescribed by the Board.requirements:
a. Grade level II contractor: 3 hours per year.
b. Grade level IV contractor: 6 hours per year.
c. Point‑of‑sale inspector: 6 hours per year.
d. Authorized on‑site wastewater evaluator: 12 hours per year.
e. Private compliance inspector: 12 hours per year.
f. For persons holding more than one certification issued by the Board, the higher annual hours continuing education requirement of all certificates held.
(3) Pay the certification renewal fee.
(4) Submit the renewal by November 15 annually.
(b) Late Fee. A
contractor or inspector with an expired certificate may renew the certification
within 90 days of its expiration upon payment of a late fee set by the Board. The
late fee shall not exceed twenty‑five dollars ($25.00). If a
certification is not renewed within 90 days of its expiration, the
certification shall not be renewed, and the holder must apply for a new
certificate.Late fees shall be payable for any renewable fee paid after
the due date.
(c) Renewal Process for Expired Certifications. The renewal process for expired certificates for contractors, point‑of‑sale inspectors, Authorized On‑Site Wastewater Evaluators, and Private Compliance Inspectors shall be as follows:
(1) Within 90 days of its expiration, an expired certificate may be renewed upon payment of the certification renewal fee in G.S. 90A‑75(c)(3) and the late fee established pursuant to subsection (b) of this section.
(2) Between 91 days and 24 months of its expiration, an expired certificate may be renewed upon submittal of an application for recertification, the certification renewal fee in G.S. 90A‑75(c)(3), total of continuing education required annually for certificate, and passing grade for exam required for certificate.
(3) After 24 months of its expiration, no certificate may be renewed. The holder of a certificate expired for more than 24 months shall apply for a new certificate.
"§ 90A‑79. Continuing education.
(a) Requirements. The
Board shall require continuing education as a condition of certification and
renewal. The Board shall determine the number of hours, based on grade
levels applied for, certifications held, up to a maximum of 12 hours
per year, and the subject material for the specified grade level. The Board shall
maintain records of continuing education coursework successfully completed by
each certified contractor or inspector.
(b) Approval of Continuing
Education Programs. The Board may approve a continuing education program or
course if the Board finds that the program or course provides useful
educational information or experience that will enhance the construction,
installation, repair, repair, evaluation, or inspection of on‑site
wastewater systems. Request for approval of continuing education programs or
courses shall be submitted to the Board for review no later than two weeks prior
to a regularly scheduled Board meeting and prior to the class being held. The
Board shall not issue retroactive approvals for any continuing education
program or course. Approvals shall be granted on an annual calendar year basis.
The Board may develop and offer continuing education programs.
"§ 90A‑80. Investigation of complaints.
(a) Misconduct. A person may refer to the Board charges of fraud, deceit, negligence, incompetence, or misconduct against any certified contractor or inspector. The charges shall be in writing and sworn to by the complainant and submitted to the Board. These charges, unless dismissed without a hearing by the Board as unfounded or trivial, shall be heard and determined by the Board in accordance with the provisions of Chapter 150B of the General Statutes. An association that receives professional recognition of its own certification process by the Board shall be responsible for the conduct and competency of its members.
(b) Records. The Board
shall establish and maintain detailed records regarding complaints concerning
each certified contractor contractor, Authorized On‑Site Wastewater
Evaluator, Private Compliance Inspector, or point‑of‑sale inspector.
The records shall include those certified by recognized associations. The
records shall also detail the levels of certification held by each contractor
contractor, Authorized On‑Site Wastewater Evaluator, Private Compliance
Inspector, or point‑of‑sale inspector.
(c) Notification. The Board shall provide local health departments with notification of changes in certifications, complaints, suspensions, or reinstatements under this Article. This requirement may be satisfied electronically via the Environmental Health Listserv maintained by the Department.
"§ 90A‑81. Remedies.
(a) Denial, Suspension, and Revocation of Certification. The Board may deny, suspend, or revoke a certificate under this Article for:
(1) A violation of this Article or a rule of the Board.
(2) The use of fraud or deceit in obtaining or renewing a certificate.
(3) Any act of gross negligence, incompetence, or misconduct in the construction, installation, repair, or inspection of an on‑site wastewater system.
(4) Failure to satisfactorily complete continuing education requirements prescribed by the Board.
(b) Arbitration. The Board may establish a voluntary arbitration procedure to resolve complaints concerning a certified contractor or inspector or any work performed by a certified contractor or inspector, or conflicts involving any certified contractor or inspector and the Division of Public Health of the Department or a local health department.
(c) Injunction. The Board may in its own name seek an injunction to restrain any person, firm, partnership, or corporation from violating the provisions of this Article or rules adopted by the Board. The Board may bring an action for an injunction in the superior court of any county in which the violator resides or the violator's principal place of business is located. In any proceedings for an injunction, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation. Members of the Board shall not be personally or professionally liable for any act or omission pursuant to this subsection. The Board shall not be required to post a bond in connection with any action to obtain an injunction.
(d) Offenses. A person who commits any one or more of the following offenses is guilty of a Class 2 misdemeanor:
(1) Engages in or offers to
engage in the construction, installation, repair, repair, evaluation,
or inspection of an on‑site wastewater system without the appropriate
certificate for the grade level of on‑site wastewater system.certification.
(2) Gives false or forged evidence of any kind in obtaining a certificate.
(3) Falsely impersonates a
certified contractor contractor, Authorized On‑Site Wastewater Evaluator,
Private Compliance Inspector, or point‑of‑sale inspector."
SECTION 4.4.(b) This section becomes effective January 1, 2025.
ALLOW PRIVATE COMPLIANCE INSPECTORS TO INSPECT CERTAIN ON‑SITE WASTEWATER SYSTEMS
SECTION 4.5.(a) G.S. 130A‑337 is amended by adding two new subsections to read:
"(a2) Notwithstanding subsection (a) or (a1) of this section, an applicant may contract with a Private Compliance Inspector certified pursuant to Article 5 of Chapter 90A of the General Statutes to conduct any required verifications or inspections of an on‑site wastewater system for compliance with the designs of a Construction Authorization issued pursuant to G.S. 130A‑335(a5) or a Notice of Intent to Construct issued pursuant to G.S. 130A‑336.1 or G.S. 130A‑336.2 when all of the following criteria are met:
(1) The Private Compliance Inspector is not the contractor of the on‑site wastewater system being inspected or employed by the contractor of the on‑site wastewater system being inspected.
(2) The Private Compliance Inspector holds sufficient errors and omissions and general liability insurance for the project being inspected.
(3) The Private Compliance Inspector obtains written approval from the professional engineer or Authorized On‑Site Wastewater Evaluator prior to conducting the compliance inspection.
(4) The Private Compliance Inspector documents the compliance inspection with the common form developed or approved by the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board. The compliance inspection document shall show any as‑builts as approved at the site and conveyed to the owner or authorized agency.
(5) The Private Compliance Inspector delivers the completed compliance inspection form to the owner of the on‑site wastewater system being inspected, professional engineer, or Authorized On‑Site Wastewater Evaluator, as applicable.
(a3) The Department, the Department's authorized agents, and the local health department shall be discharged and released from any liabilities, duties, and responsibilities imposed by statute or common law from any claim arising out of or attributed to an on‑site wastewater system inspected pursuant to subsection (a2) of this section."
SECTION 4.5.(b) This section becomes effective January 1, 2025.
INCREASE FEES FOR LICENSED SOIL SCIENTISTS
SECTION 4.6. G.S. 89F‑25 reads as rewritten:
"§ 89F‑25. Fees.
(a) The Board shall determine fees for the following services that shall not exceed the amounts specified in this section:
Application $
50.00$80.00
Application for corporate certificate of licensure $100.00
Renewal of corporate certificate of licensure $100.00
License 85.00$185.00
Renewal 85.00$180.00
Restoration 110.00$125.00
Replacement
license 50.00$100.00
Seal 30.00.$75.00.
(b) The Board may charge the applicant the actual cost of preparation, administration, and grading of examinations for soil scientists, in addition to its other fees."
REGISTERED ENVIRONMENTAL HEALTH SPECIALISTS DEFENSE AND LIABILITY
SECTION 4.7. G.S. 143‑300.8 reads as rewritten:
"§ 143‑300.8. Defense of local sanitarians.registered
environmental health specialists, registered environmental health specialist
interns, and registered environmental health associates.
(a) The following definitions apply in this section:
(1) Department. The Department of Health and Human Services.
(2) Local health department. Defined in G.S. 130A‑2(5).
(3) Registered environmental health associate. Defined in G.S. 90A‑51(2d).
(4) Registered environmental health specialist. Defined in G.S. 90A‑51(4).
(5) Registered environmental health specialist intern. Defined in G.S. 90A‑51(5).
(b) All local health departments shall enter into an annual agreement with the Department to provide environmental health services in accordance with Chapter 130A of the General Statutes. The annual agreement shall include a requirement for quality assurance for all environmental health services.
(c) Any local health department sanitarian Except
as provided in subsections (d) and (e) of this section, any registered
environmental health specialist, registered environmental health specialist
intern, or registered environmental health associate enforcing rules of the
Commission for Public Health under the supervision authority of
the Department of Health and Human Services pursuant to G.S. 130A‑4
shall be defended by the Attorney General, subject to the provisions of
G.S. 143‑300.4, and shall be protected from liability in accordance
with the provisions of this Article in any civil or criminal action or proceeding
brought against the sanitarian in his registered environmental health
specialist, registered environmental health specialist intern, or registered
environmental health associate in their official or individual capacity, or
both, on account of an act done or omission made in the scope and course of
enforcing the rules of the Commission for Public Health. The Department of
Health and Human Services shall pay half of any judgment against the
sanitarian, registered environmental health specialist, registered
environmental health specialist intern, or registered environmental health
associate, or any settlement made on his their behalf,
subject to the provisions of G.S. 143‑300.6. The local health
department employing or contracting with the registered environmental health
specialist, registered environmental health specialist intern, or registered
environmental health associate at the time of the underlying act or omission
giving rise to the judgment or settlement shall pay half of the judgment or settlement.
The Department may agree, in its sole
discretion, to an alternate arrangement with the local health department
wherein the Department pays more than half of the judgment or settlement
depending on the individual circumstances of the case.
(d) Any registered environmental health specialist, registered environmental health specialist intern, or registered environmental health associate employed by or contracted to work for a local health department that has not entered into an annual agreement or fails to abide by the annual agreement, as determined by the Department, as required by subsection (b) of this section shall not be defended by the Attorney General or have their judgement or settlement paid by the Department. The local health department shall be required to pay any judgement against the registered environmental health specialist, registered environmental health specialist intern, or registered environmental health associate or any settlement on their behalf for any act or omission made in the scope and course of enforcing the rules of the Commission for Public Health.
(e) A registered environmental health specialist, registered environmental health specialist intern, or registered environmental health associate shall not be defended by the Attorney General or protected from liability for any claim arising from an act or omission made in the scope and course of enforcing a local rule adopted pursuant to G.S. 130A‑335(c).
(f) This section shall apply to actions in which the registered environmental health specialist, registered environmental health intern, or registered environmental health associate, is named individually as a party, as well as contested cases brought in the Office of Administrative Hearings, pursuant to Chapter 150B of the General Statutes, arising from the alleged acts or omissions of an authorized agent of the Department, during which the Department determines that the best course of action is to resolve the matter with a settlement payment to the petitioner to conclude the contested case and avoid any future litigation."
WATER SUPPLY WELL SETBACK CHANGES
SECTION 4.8.(a) Definitions. For purposes of this section and its implementation, "Construction Standards Rule" means 15A NCAC 02C .0107 (Standards of Construction: Water Supply Wells).
SECTION 4.8.(b) Construction Standards Rule. Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Construction Standards Rule as provided in subsection (c) of this section.
SECTION 4.8.(c) Implementation. The horizontal separation between a water supply well and potential sources of groundwater contamination that exist at the time the well is constructed shall be no less than 50 feet for any single‑family dwelling with a septic tank and drainfield, including the drainfield repair area in saprolite system as described in the 15A NCAC 18E rules.
SECTION 4.8.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Construction Standards Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.8.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
CLARIFY CHANGES TO ON‑SITE WASTEWATER STATUTES
SECTION 4.9.(a) If Senate Bill 508, 2023 Regular Session, becomes law, then G.S. 130A‑336.1(l), as amended by Section 3.9(a) of that act, reads as rewritten:
"(l) Reporting Requirements.
(1) The owner of the wastewater system shall submit the following to the local health department prior to receiving a Certificate of Occupancy from the appropriate inspection department:
a. A copy of the
professional engineer's report required pursuant to G.S. 130A‑336.1(k)(1).G.S. 130A‑336.1(k)(1),
including a signed document from the licensed soil scientist or licensed
geologist releasing their soils report to be used in obtaining a permit
pursuant to this section.
b. A copy of the operations and management program.
c. Repealed by Session Laws 2023‑90, s. 3, effective July 10, 2023.
d. A letter that documents the owner's acceptance of the system from the professional engineer.
e. A copy of the Authorization to Operate.
(2) The owner of any wastewater system that is subject to subsection (d) of this section shall deliver to the Department copies of the engineer's report, as described G.S. 130A‑336.1(k)(1).
(3) Within two business
days of receiving the documentation required pursuant to subdivision (1) of
this subsection, the local health department shall notify the appropriate
inspections department. If the local health department fails to notify the
inspections department within two business days, the owner of the wastewater
system may submit the Authorization to Operate to the appropriate inspections
department and receive a Certificate of Occupancy.The local health
department shall date and stamp as received upon the delivery of the
professional engineer's report described in G.S. 130A‑336.1(k)(1) by
the owner or the owner's legal representative. The local health department
shall notify the appropriate inspections department of the acceptance of the
professional engineer's report and a Certificate of Occupancy shall be issued."
SECTION 4.9.(b) If Senate Bill 508, 2023 Regular Session, becomes law, G.S. 130A‑336.2, as amended by Section 3.9(b) of that act, reads as rewritten:
"§ 130A‑336.2. Alternative wastewater system approvals for nonengineered systems.
(l) After reviewing the Authorized On‑Site Wastewater Evaluator's report, the owner shall sign confirming acceptance and receipt of the report. The owner shall then submit the following to the local health department prior to receiving a Certificate of Occupancy from the appropriate inspection department:
(1) A copy of the Authorized On‑Site Wastewater Evaluator's report, including the Authorization to Operate.
(2) A copy of the operations and management program established for the system by the Authorized On‑Site Wastewater Evaluator.
(3) Repealed.
(4) A copy of the document confirming acceptance and receipt of the report by the owner.
(l1) Within two
business days of receiving the documentation required pursuant to subsection (l)
of this section, the local health department shall notify the appropriate
inspections department. If the local health department fails to notify the
inspections department within two business days, the owner of the wastewater
system may submit the Authorization to Operate to the appropriate inspections
department and receive a Certificate of Occupancy.The local health department shall date and stamp as
received upon delivery of the documentation required pursuant to subsection (l)
of this section by the owner or the owner's legal representative. The local
health department shall notify the appropriate inspections department of the
acceptance of the documentation and a Certificate of Occupancy shall be issued.
."
SECTION 4.9.(c) If Senate Bill 508, 2023 Regular Session, becomes law, then G.S. 130A‑336.1(o), as amended by Section 3.9(c) of that act, reads as rewritten:
"(o) Change in System Ownership. A wastewater system authorized pursuant to this section shall not be affected by change in ownership of the site for the wastewater system. A Notice of Intent to Construct shall not be transferrable to a new owner without the written consent of the professional engineer. A wastewater system's Authorization to Operate authorized pursuant to this section shall be transferred to a new owner."
SECTION 4.9.(d) If Senate Bill 508, 2023 Regular Session, becomes law, then G.S. 130A‑336.2(o), as amended by Section 3.9(d) of that act, reads as rewritten:
"(o) Change in System Ownership. A wastewater system authorized pursuant to this section shall not be affected by change of ownership of the site for the wastewater system. A Notice of Intent to Construct shall not be transferrable to a new owner without the written consent of the Authorized On‑Site Wastewater Evaluator. A wastewater system's Authorization to Operate authorized pursuant to this section shall be transferred to a new owner."
SECTION 4.9.(e) This section is effective retroactively to July 10, 2023.
AMEND 18E ON‑SITE WASTEWATER RULES
SECTION 4.10.(a) Definitions. For purposes of this section and its implementation, "Applicability Rule" means 15A NCAC 18E .0102 (Applicability).
SECTION 4.10.(b) Applicability Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Applicability Rule as provided in subsection (c) of this section.
SECTION 4.10.(c) Implementation. The provisions of 15A NCAC 18E .0206 shall apply to any wastewater system for which an operation permit, authorization to operate, certificate of completion, or an equivalent approval has been issued prior to January 1, 2024. Wastewater systems permitted on or after July 1, 1977, shall comply with the setback requirements in 15A NCAC 18E. When a wastewater system that was installed on or after July 1, 1977, is expanded, modified, or repaired, and the wastewater strength is not increasing, any existing wastewater system components that are not crushed, broken, damaged, or otherwise rendered unusable or ineffective so that the component will not function as designed shall not be required to meet the requirements of 15A NCAC 18E. All components shall comply with the setback requirements in 15A NCAC 18E. When a wastewater system that was installed prior to July 1, 1977, is expanded, modified, or repaired, and the wastewater strength is not increasing, any existing wastewater system components that are not crushed, broken, damaged, or otherwise rendered unusable or ineffective so that the component will not function as designed shall not be required to meet the requirements of 15A NCAC 18E except as follows: setbacks to drinking water wells shall not be reduced; and setbacks to surface water bodies specified in 15A NCAC 18E .0601. shall not be reduced by more than 50 percent. Existing wastewater systems for which no permit can be found and with no evidence that the wastewater system was installed in violation of Article 11 of Chapter 130A of the General Statutes and the rules in effect at the time of installation shall be considered to have an operation permit or its equivalent in accordance with this Rule.
SECTION 4.10.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Applicability Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.10.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.11.(a) Definitions. For purposes of this section and its implementation, "Definitions Rule" means 15A NCAC 18E .0105 (Definitions).
SECTION 4.11.(b) Definitions Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Definitions Rule as provided in subsection (c) of this section.
SECTION 4.11.(c) Implementation. "Artificial drainage systems" shall include foundation drains with cuts greater than two feet. "Collection sewer" shall not include any appurtenances used to transport waste within a wastewater system. "Full kitchen" means a kitchen that contains either domestic or commercial equipment and is used for cooking or preparing foods onsite. "Normal water level" means the water level within a pond, lake, or other type of impoundment, natural or man‑made, at the elevation of the outlet structure or spillway, such as the elevation of the permanent pool. "Warming kitchen" means a kitchen that contains domestic equipment and is used for plating or dispensing food prepared or cooked at another local. The definition of "Stream" shall be deleted. "Intermittent stream" means a well‑defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the perched or seasonal high water table. The flow of an intermittent stream may be supplemented by stormwater runoff. "Perennial stream" means a well‑defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the perched or seasonal high water table for most of the year. Groundwater is the primary source of water for a perennial stream, but perennial streams may also carry stormwater runoff.
SECTION 4.11.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Definitions Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.11.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.12.(a) Definitions. For purposes of this section and its implementation, "Application Rule" means 15A NCAC 18E .0202 (Application).
SECTION 4.12.(b) Application Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Application Rule as provided in subsection (c) of this section.
SECTION 4.12.(c) Implementation. Prior to the repair of a wastewater system, an application shall be submitted to the local health department.
SECTION 4.12.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Application Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.12.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.13.(a) Definitions. For purposes of this section and its implementation, "Improvement Permit Rule" means 15A NCAC 18E .0203 (Improvement Permit).
SECTION 4.13.(b) Improvement Permit Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Improvement Permit Rule as provided in subsection (c) of this section.
SECTION 4.13.(c) Implementation. An improvement permit shall be applicable to both initial and repair dispersal field areas identified and approved on the improvement permit.
SECTION 4.13.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Improvement Permit Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.13.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.14.(a) Definitions. For purposes of this section and its implementation, "Construction Authorization Rule" means 15A NCAC 18E .0204 (Construction Authorization).
SECTION 4.14.(b) Construction Authorization Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Construction Authorization Rule as provided in subsection (c) of this section.
SECTION 4.14.(c) Implementation. The construction authorization shall also specify the initial wastewater system type and layout, location of all initial wastewater system components, and design details and specifications for supply lines and force mains.
SECTION 4.14.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Construction Authorization Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.14.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.15.(a) Definitions. For purposes of this section and its implementation, "Existing System Approvals for Reconnections and Property Additions Rule" means 15A NCAC 18E .0206 (Existing System Approvals for Reconnections and Property Additions).
SECTION 4.15.(b) Existing System Approvals for Reconnections and Property Additions Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Existing System Approvals for Reconnections and Property Additions Rule as provided in subsection (c) of this section.
SECTION 4.15.(c) Implementation. The local health department, an Authorized On‑Site Wastewater Evaluator, or a certified inspector may issue an existing system approval when there is no increase in design daily flow or wastewater strength for the following: 1) a reconnection for a new or improved facility, or 2) a site modification that requires a building permit, such as a swimming pool or storage shed. Existing system approvals as described in Paragraph (a) of this Rule shall be issued by an authorized agent, Authorized On‑Site Wastewater Evaluator, or certified inspector upon determination of the following: 1) there is no current or past uncorrected malfunction of the system as described in 15A NCAC .1303(a)(2); 2) the design daily flow and wastewater strength for the proposed facility do not exceed that of the existing system; and 3) the proposed facility or site modification meets the setbacks in 15A NCAC .0600. The existing system approval expires one year after the date of issuance. When an approval cannot be issued in accordance with this Rule, a signed, written report shall be provided by the authorized agent, Authorized On‑Site Wastewater Evaluator, or certified inspector, as applicable, to the applicant describing the reasons for the denial, citing the applicable rule. The local health department shall include notice of the right to appeal under G.S. 130A‑24 and Chapter 150B of the General Statutes. Notwithstanding this Rule, the owner of a wastewater system may elect to utilize the Affidavit for Existing Wastewater System Approval offered pursuant to G.S. 160D‑1110(h1) to obtain a wastewater system approval and any necessary permits.
SECTION 4.15.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Existing System Approvals for Reconnections and Property Additions Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.15.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.16.(a) Definitions. For purposes of this section and its implementation, "Alternative Wastewater System Permitting Options Rule" means 15A NCAC 18E .0207 (Alternative Wastewater System Permitting Options).
SECTION 4.16.(b) Alternative Wastewater System Permitting Options Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Alternative Wastewater System Permitting Options Rule as provided in subsection (c) of this section.
SECTION 4.16.(c) Implementation. An Engineer Option Permit may be used if the wastewater system design requires a professional engineer in accordance with 15A NCAC .0303(a). The Notice of Intent submitted pursuant to this Rule shall include the signed and sealed soils report of the licensed soil scientist or licensed geologist releasing the soils report to be used in the issuance of the Notice of Intent.
SECTION 4.16.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Alternative Wastewater System Permitting Options Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.16.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.17.(a) Definitions. For purposes of this section and its implementation, "Owners Rule" means 15A NCAC 18E .0301 (Owners).
SECTION 4.17.(b) Owners Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Owners Rule as provided in subsection (c) of this section.
SECTION 4.17.(c) Implementation. An easement or encroachment agreement shall be required for the permitting of any of the following installations: (1) any part of the wastewater system is located in a common area with other wastewater systems; (2) any part of the wastewater system is located in an area with multiple or third‑party ownership or control; (3) any part of the wastewater system is proposed to be in an off‑site area; or (4) any part of the wastewater system and the facility are located on different lots or tracts of land and cross a property line or right‑of‑way. Any necessary easements, rights‑of‑ways, or encroachment agreements shall specify in a deed by metes and bounds description the area or site required for the wastewater system and repair area, including force mains and supply lines.
SECTION 4.17.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Owners Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.17.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.18.(a) Definitions. For purposes of this section and its implementation, "Local Health Department and Department Rule" means 15A NCAC 18E .0302 (Local Health Department and Department).
SECTION 4.18.(b) Local Health Department and Department Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Local Health Department and Department Rule as provided in subsection (c) of this section.
SECTION 4.18.(c) Implementation. When a local health department issues a notice of violation to an owner of a wastewater system pursuant to this rule, the local health department may pursue legal remedies no sooner than 30 days after the date of the notice of violation, unless the notice of violation specifies a shorter time frame. The local health department shall issue a notice of violation to the owner when an individual advanced pretreatment system at a single site is out of compliance in accordance with 15A NCAC 18E .1302(f). The authorized agent shall issue a written notice of non‑compliance to the owner when the wastewater system is non‑compliant with Article 11 of Chapter 130A of the General Statutes, the Rules of this Subchapter, or conditions in the operation permit or authorization to operate. The local health department shall submit a monthly activity report to the Department every month on a form provided by the Department. The monthly activity report collects information on the numbers and types of permits issued by the local health department. The local health department shall adhere to Article 11 of Chapter 130A of the General Statutes, the Rules of this Subchapter, and all written guidance and interpretations from the Department.
SECTION 4.18.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Local Health Department and Department Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.18.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.19.(a) Definitions. For purposes of this section and its implementation, "Licensed or Certified Professionals Rule" means 15A NCAC 18E .0303 (Licensed or Certified Professionals).
SECTION 4.19.(b) Licensed or Certified Professionals Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Licensed or Certified Professionals Rule as provided in subsection (c) of this section.
SECTION 4.19.(c) Implementation. A local health department shall not require a North Carolina Professional Engineer to design either of the following: (i) pressure dispersal systems or pressure dosed gravity systems with a design daily flow greater than 600 gallons per day serving a single design unit or (ii) two or more septic tanks or advanced pretreatment units, each serving a separate design unit and served by a common dosing tank. Prior to the issuance of an Improvement Permit or Construction Authorization, a signed and sealed consent from the licensed soil scientist or licensed geologist required by this Rule shall be attached to the plans and specifications submitted to the local health department.
SECTION 4.19.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Licensed or Certified Professionals Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.19.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.20.(a) Definitions. For purposes of this section and its implementation, "Design Daily Flow Rule" means 15A NCAC 18E .0401 (Design Daily Flow).
SECTION 4.20.(b) Design Daily Flow Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Design Daily Flow Rule as provided in subsection (c) of this section.
SECTION 4.20.(c) Implementation. In calculating design daily flow, the designer is not required to use the maximum building occupancy assigned by the local fire marshal. The design daily flow for a recreational park trailer or park model trailer 400 square feet or less in a recreational vehicle park is 120 gallons per space. The design daily flow for a food establishment with multiuse articles is 25 gallons per seat open 6 hours per day or less, or 40 gallons per seat when open 6 to 16 hours per day and shall not be based on square footage of floor space. The design daily flow for a food establishment with single service articles is 20 gallons per seat open 6 hours per day or less, or 30 gallons per seat when open 6 to 16 hours per day and shall not be based on square footage of floor space. The design daily flow for rest homes, assisted living homes, group homes, and nursing homes shall increase by 60 gallons per day per resident employee, regardless of the presence of laundry facilities. The design daily flow for drug rehabilitation, mental health, and other care institutions shall be 12 gallons per day per employee working an 8‑hour shift or less or 60 gallons per day per resident employee, increasing by 2 gallons per employee per hour when an employee works more than an 8‑hour shift. The design daily flow for fitness center, spas, karate, dance, and exercise shall be 5 gallons per person, increasing by 10 gallons per person if the facility includes showers. The design daily flow for day schools with a gymnasium only shall be 9 gallons per day per student. Day care facilities shall be reclassified as "family child care home or child care centers."
SECTION 4.20.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Design Daily Flow Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.20.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.21.(a) Definitions. For purposes of this section and its implementation, "Available Space Rule" means 15A NCAC 18E .0508 (Available Space).
SECTION 4.21.(b) Available Space Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Available Space Rule as provided in subsection (c) of this section.
SECTION 4.21.(c) Implementation. The repair area requirement of Paragraph (a) of this Rule shall not apply to a lot or tract of land if that lot or tract is described in a recorded deed or a recorded plat on or before January 1, 1983. The Department of Health and Human Services shall specify the information required for a wastewater system to be approved with a two‑year field demonstration. Wastewater systems that do not have a repair area in accordance with this Paragraph shall only be used to treat DSE, and shall meet a TN effluent standard of 20 mg/l or less. Evidence of TN standards shall be provided by applicable NSF/ANSI testing or approval as a TS‑II wastewater system under these Rules and included in the IP, CA, or Notice of Intent.
SECTION 4.21.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Available Space Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.21.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.22.(a) Definitions. For purposes of this section and its implementation, "Location of Wastewater Systems Rule" means 15A NCAC 18E .0601 (Location of Wastewater Systems).
SECTION 4.22.(b) Location of Wastewater Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Location of Wastewater Systems Rule as provided in subsection (c) of this section.
SECTION 4.22.(c) Implementation. The minimum setback for a private drinking water well or upslope spring serving a single‑family dwelling unit from a wastewater system permitted or installed in saprolite shall be 50 feet. Building foundation and any structural supports requiring a footing or other load bearing construction in the North Carolina Building Code shall have a horizontal setback of five feet. Appurtenant structures, stairs, or landing structures designed specifically to be set directly on the ground and do not require footings; sidewalks; pavers; lighting fixtures; or signage shall have a horizontal setback of 1 foot. Top of slope of embankment or cuts of 2 feet or more vertical height with a slope less than or equal to thirty‑three percent (33%) are not required to have a horizontal setback. There shall be no setback to a stormwater collection system. There shall be no horizontal setbacks from underground utilities. Collection sewers, force mains, and supply lines shall be located the minimum setbacks to site features shown in Table IX of this Rule, unless a different minimum setback is specified in Table XII of this Rule. If a supply line or force main is installed under areas subject to vehicular traffic or areas subject to soil disturbance or compaction, one of the following pipe materials shall be used: ductile iron pipe; a minimum of Schedule 40 Polyvinyl Chloride, Polyethylene, or Acrylonitrile‑Butadiene‑Styrene pipe sleeved in ductile iron pipe; a minimum of Schedule 40 Polyvinyl Chloride, Polyethylene, or Acrylonitrile‑Butadiene‑Styrene pipe sleeved in Department of Transportation traffic rated culvert pipe; a minimum of Schedule 40 Polyvinyl Chloride, Polyethylene, or Acrylonitrile‑Butadiene‑Styrene pipe with 30 inches of compacted material provided over the crown of the pipe; or other pipe materials may be proposed when designed, inspected, and certified by a Professional Engineer and approved by the local health department. When a reduced setback to a collection sewer, force main, or supply line is utilized, the piping requirements for the reduced setback shall be extended to comply with the unreduced setback. Table XII in this Rule shall be renamed Minimum setbacks from collection sewers, force mains, and supply lines to site features. Force main or supply line shall be added with collection sewer in 15A NCAC 18E .0601(l), (m), (n), (o), (p), and Table XII. Wastewater systems may be located closer than 100 feet but never less than 50 feet from water supply wells or an upslope spring for repairs, space limitations, and other site‑planning considerations when one of the following conditions is met: 1) the well was constructed prior to July 1, 1993, in accordance with 15A NCAC 18A .1720; or 2) a variance for a reduced well setback has been issued in accordance with one of the following: a) 15A NCAC 02C .0118 for a shared water supply well or for a transient non‑community public water supply well; or b) 15A NCAC 18C .0203(b) for a non‑transient non‑community public water system.
SECTION 4.22.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Location of Wastewater Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.22.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.23.(a) Definitions. For purposes of this section and its implementation, "Collection Sewers Rule" means 15A NCAC 18E .0701 (Collection Sewers).
SECTION 4.23.(b) Collection Sewers Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Collection Sewers Rule as provided in subsection (c) of this section.
SECTION 4.23.(c) Implementation. Collection sewers for wastewater systems with a design daily flow greater than 3,000 gallons per day shall be designed and constructed in accordance with the criteria established in this Rule.
SECTION 4.23.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Collection Sewers Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.23.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.24.(a) Definitions. For purposes of this section and its implementation, "Raw Sewage Lift Stations Rule" means 15A NCAC 18E .0702 (Raw Sewage Lift Stations).
SECTION 4.24.(b) Raw Sewage Lift Stations Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Raw Sewage Lift Stations Rule as provided in subsection (c) of this section.
SECTION 4.24.(c) Implementation. Raw sewage lift stations for wastewater systems with a design daily flow greater than 3,000 gallons per day shall meet all setbacks for wastewater systems in accordance with Table IX of Rule 15A NCAC 18E .0601. Raw sewage lift stations for wastewater systems with a design daily flow greater than 3,000 gallons per day shall be designed and constructed in accordance with the criteria established in this Rule.
SECTION 4.24.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Raw Sewage Lift Stations Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.24.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.25.(a) Definitions. For purposes of this section and its implementation, "Pipe Materials Rule" means 15A NCAC 18E .0703 (Pipe Materials).
SECTION 4.25.(b) Pipe Materials Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Pipe Materials Rule as provided in subsection (c) of this section.
SECTION 4.25.(c) Implementation. The gravity pipe between a septic tank, gravity distribution device, and the dispersal field shall have a minimum fall of 1/8‑inch per foot if the installation requirements of Paragraph (b) of this Rule are met.
SECTION 4.25.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Pipe Materials Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.25.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.26.(a) Definitions. For purposes of this section and its implementation, "Septic Tank Capacity Requirements Rule" means 15A NCAC 18E .0801 (Septic Tank Capacity Requirements).
SECTION 4.26.(b) Septic Tank Capacity Requirements Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Septic Tank Capacity Requirements Rule as provided in subsection (c) of this section.
SECTION 4.26.(c) Implementation. The minimum septic tank capacity serving two or more dwelling units shall be sized in accordance with Table XV of this Rule. This Rule shall not include any requirements that conflict with the 2018 North Carolina Plumbing Code.
SECTION 4.26.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Septic Tank Capacity Requirements Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.26.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.27.(a) Definitions. For purposes of this section and its implementation, "Tank Leak Testing and Installation Requirements Rule" means 15A NCAC 18E .0805 (Tank Leak Testing and Installation Requirements).
SECTION 4.27.(b) Tank Leak Testing and Installation Requirements Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Tank Leak Testing and Installation Requirements Rule as provided in subsection (c) of this section.
SECTION 4.27.(c) Implementation. Tanks shall be leak tested when required in the approved plans and specifications for a wastewater system designed by a professional engineer or an Authorized On‑Site Wastewater Evaluator, or when the tank is constructed in place at the jobsite by a person not approved by the Department as a tank manufacturer using bricks, blocks, or poured in place in concrete. The local health department shall be required to document the observation of the leak testing. The septic tank outlet pipe shall be inserted through the outlet pipe penetration boot, creating a watertight joint, and extending beyond the septic tank outlet by any amount, with no minimum extension required. The septic tank outlet pipe and pump tank outlet pipe shall be placed on undisturbed soil, compacted soil, or bedded in accordance with 15A NCAC 18E .0703(b) to prevent differential settling of the pipe.
SECTION 4.27.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Tank Leak Testing and Installation Requirements Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.27.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.28.(a) Definitions. For purposes of this section and its implementation, "General Design and Installation Criteria for Subsurface Dispersal Systems Rule" means 15A NCAC 18E .0901 (General Design and Installation Criteria for Subsurface Dispersal Systems).
SECTION 4.28.(b) General Design and Installation Criteria for Subsurface Dispersal Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the General Design and Installation Criteria for Subsurface Dispersal Systems Rule as provided in subsection (c) of this section.
SECTION 4.28.(c) Implementation. The minimum required infiltrative surface area and trench length shall be calculated when high strength effluent is proposed to be discharged to a dispersal field with no advanced pretreatment as required in 15A NCAC .0402(b)(1) or has not been reclassified as domestic strength effluent in accordance with 15A NCAC .0402(c), a licensed professional, if required by Chapters 89C, 89E, or 89F, shall calculate the adjusted long term acceptance rate in accordance with 15A NCAC .0402(b)(2). Wastewater system installation for serial and sequential distribution shall be approved by the authorized agent when the step‑down or drop box in an individual trench is constructed to allow full utilization of the upstream trench prior to overflowing to the next downslope trench in accordance with the following criteria: 1) step‑downs shall be constructed of a minimum of two feet of undisturbed soil, bedding material, or concrete and the effluent shall be conveyed over the step‑down through Schedule 40 Polyvinyl Chloride or other pipe approved in accordance with 15A NCAC .0703(f). Nonperforated corrugated polyethylene tubing may be used on sites with slopes greater than 25%. The installer shall demonstrate that the step‑downs perform as designed. The authorized agent shall approve the step‑downs when the installation and elevations have been verified in accordance with the construction authorization; or drop boxes shall be separated from the trench by a minimum of two feet of undisturbed soil and constructed to allow for full utilization of the upstream trench prior to overflowing to the next lower drop box. The installer shall demonstrate that the drop boxes perform as designed. The authorized agent shall approve the drop boxes when the installation and elevations have been verified in accordance with the construction authorization.
SECTION 4.28.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the General Design and Installation Criteria for Subsurface Dispersal Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.28.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.29.(a) Definitions. For purposes of this section and its implementation, "Conventional Wastewater Systems Rule" means 15A NCAC 18E .0902 (Conventional Wastewater Systems).
SECTION 4.29.(b) Conventional Wastewater Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Conventional Wastewater Systems Rule as provided in subsection (c) of this section.
SECTION 4.29.(c) Implementation. Aggregate used in trenches shall be clean, washed gravel or crushed stone and graded or sized in accordance with size numbers 4, 467M, 5, 6, 57, or 67 of ASTM D448.
SECTION 4.29.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Conventional Wastewater Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.29.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.30.(a) Definitions. For purposes of this section and its implementation, "Large Diameter Pipe Systems Rule" means 15A NCAC 18E .0904 (Large Diameter Pipe Systems).
SECTION 4.30.(b) Large Diameter Pipe Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Large Diameter Pipe Systems Rule as provided in subsection (c) of this section.
SECTION 4.30.(c) Implementation. Large diameter pipe systems shall not be used with food service establishments or other facilities where the fats, oils, and grease exceed the limit of domestic strength effluent when measured as it enters the dispersal product. Backfill shall not be limited to Soil Groups I, II, or III.
SECTION 4.30.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Large Diameter Pipe Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.30.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.31.(a) Definitions. For purposes of this section and its implementation, "Prefabricated Permeable Block Panel Systems Rule" means 15A NCAC 18E .0905 (Prefabricated Permeable Block Panel Systems).
SECTION 4.31.(b) Prefabricated Permeable Block Panel Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Prefabricated Permeable Block Panel Systems Rule as provided in subsection (c) of this section.
SECTION 4.31.(c) Implementation. Prefabricated permeable block panel systems shall not be used with food service establishments or other facilities where the fats, oil, and grease exceed the limit of domestic strength effluent when measured as it enters the dispersal product.
SECTION 4.31.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Prefabricated Permeable Block Panel Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.31.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.32.(a) Definitions. For purposes of this section and its implementation, "Sand Lined Trench Systems Rule" means 15A NCAC 18E .0906 (Sand Lined Trench Systems).
SECTION 4.32.(b) Sand Lined Trench Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Sand Lined Trench Systems Rule as provided in subsection (c) of this section.
SECTION 4.32.(c) Implementation. There shall be no depth requirement for the naturally occurring receiving permeable horizon for any soil or site, nor shall advanced pretreatment be required if the receiving permeable horizon is greater than 60 inches below the naturally occurring soil surface.
SECTION 4.32.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Sand Lined Trench Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.32.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.33.(a) Definitions. For purposes of this section and its implementation, "Low Pressure Pipe Systems Rule" means 15A NCAC 18E .0907 (Low Pressure Pipe Systems).
SECTION 4.33.(b) Low Pressure Pipe Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Low Pressure Pipe Systems Rule as provided in subsection (c) of this section.
SECTION 4.33.(c) Implementation. The minimum required dispersal field area and trench length shall be calculated when high strength effluent is proposed to be discharge to a low pressure pipe field with no advanced pretreatment as required in 15A NCAC 18E .0402(b)(1) or has not been reclassified as domestic strength effluent in accordance with 15A NCAC .0402(c), a licensed professional, if required by Chapters 89C, 89E, or 89F of the General Statutes, shall calculate the long term acceptance rate in accordance with 15A NCAC 18E .0402(b)(2).
SECTION 4.33.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Low Pressure Pipe Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.33.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.34.(a) Definitions. For purposes of this section and its implementation, "Drip Dispersal Systems Rule" means 15A NCAC 18E .0908 (Drip Dispersal Systems).
SECTION 4.34.(b) Drip Dispersal Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Drip Dispersal Systems Rule as provided in subsection (c) of this section.
SECTION 4.34.(c) Implementation. Drip dispersal systems receiving domestic strength effluent shall meet the soil and site criteria identified in 15A NCAC .0908(c).
SECTION 4.34.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Drip Dispersal Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.34.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.35.(a) Definitions. For purposes of this section and its implementation, "Fill Systems Rule" means 15A NCAC 18E .0909 (Fill Systems).
SECTION 4.35.(b) Fill Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Fill Systems Rule as provided in subsection (c) of this section.
SECTION 4.35.(c) Implementation. New fill systems shall only be installed on sites with uniform slopes less than 15 percent.
SECTION 4.35.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Fill Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.35.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.36.(a) Definitions. For purposes of this section and its implementation, "Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day Rule" means 15A NCAC 18E .1202 (Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day).
SECTION 4.36.(b) Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day Rule as provided in subsection (c) of this section.
SECTION 4.36.(c) Implementation. Sandy clay loam saprolite may be used with advanced pretreatment meeting NSF/ANSI 40, Treatment Standard I, or Treatment Standard II effluent standards.
SECTION 4.36.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.36.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.37.(a) Definitions. For purposes of this section and its implementation, "Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day Rule" means 15A NCAC 18E .1203 (Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day).
SECTION 4.37.(b) Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day Rule as provided in subsection (c) of this section.
SECTION 4.37.(c) Implementation. Sandy clay loam saprolite may be used with advanced pretreatment meeting NSF/ANSI 40, Treatment Standard I, or Treatment Standard II effluent standards, or with advanced pretreatment with a design daily flow greater than 3,000 gallons per day.
SECTION 4.37.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.37.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.38.(a) Definitions. For purposes of this section and its implementation, "Advanced Pretreatment Sand Lined Trench Systems Rule" means 15A NCAC 18E .1205 (Advanced Pretreatment Sand Lined Trench Systems).
SECTION 4.38.(b) Advanced Pretreatment Sand Lined Trench Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Advanced Pretreatment Sand Lined Trench Systems Rule as provided in subsection (c) of this section.
SECTION 4.38.(c) Implementation. Trench length for trench dispersal products approved with a specific dispersal field reduction in area or trench length when receiving domestic strength effluent in accordance with this Subchapter or a provisional Innovative or Accepted approval shall be calculated in accordance with this Subchapter or the provisional Innovative or Accepted approval.
SECTION 4.38.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Advanced Pretreatment Sand Lined Trench Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.38.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.39.(a) Definitions. For purposes of this section and its implementation, "Operation and Maintenance of Wastewater Systems Rule" means 15A NCAC 18E .1301 (Operation and Maintenance of Wastewater Systems).
SECTION 4.39.(b) Operation and Maintenance of Wastewater Systems Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Operation and Maintenance of Wastewater Systems Rule as provided in subsection (c) of this section.
SECTION 4.39.(c) Implementation. System Classification Type IIa shall be described as a conventional system with 750 linear feet of trench or less. System Classification Type IIIa shall be deleted.
SECTION 4.39.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Operation and Maintenance of Wastewater Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.39.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.40.(a) Definitions. For purposes of this section and its implementation, "Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule" means 15A NCAC 18E .1305 (Local Health Department Responsibilities for Wastewater System Operation and Maintenance).
SECTION 4.40.(b) Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule as provided in subsection (c) of this section.
SECTION 4.40.(c) Implementation. The authorized agent shall issue a written notice of non‑compliance to the owner when the wastewater system is not malfunctioning in accordance with 15A NCAC 18E .1303(a)(2), but non‑compliant with the Rules of this Subchapter in the operation permit or the authorization to operate.
SECTION 4.40.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Local Health Department Responsibilities for Wastewater System Operation and Maintenance Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.40.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.41.(a) Definitions. For purposes of this section and its implementation, "System Malfunction and Repair Rule" means 15A NCAC 18E .1306 (System Malfunction and Repair).
SECTION 4.41.(b) System Malfunction and Repair Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the System Malfunction and Repair Rule as provided in subsection (c) of this section.
SECTION 4.41.(c) Implementation. This Rule identifies the responsibilities of the local health department and the owner when a system is malfunctioning, totally or partially destroyed, or otherwise determined to require repair. Best professional judgment may be used when the improvement permit, construction authorization, notice of intent to construct, or authorization to operate indicates the repair area and system type. The authorized agent, Authorized On‑Site Wastewater Evaluator, or Professional Engineer may use their best professional judgment to repair facilities with either a malfunctioning wastewater system installed prior to July 1, 1977 or a wastewater disposal method installed prior to July 1, 1977, if the method has been in continual use and acts as the sole source of wastewater disposal.
SECTION 4.41.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the System Malfunction and Repair Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.41.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.42.(a) Definitions. For purposes of this section and its implementation, "Plans for Prefabricated Tanks Rule" means 15A NCAC 18E .1401 (Plans for Prefabricated Tanks).
SECTION 4.42.(b) Plans for Prefabricated Tanks Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Plans for Prefabricated Tanks Rule as provided in subsection (c) of this section.
SECTION 4.42.(c) Implementation. No documentation of proof of design for a tank shall be required prior to approval of the tank by the Department.
SECTION 4.42.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Plans for Prefabricated Tanks Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.42.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.43.(a) Definitions. For purposes of this section and its implementation, "Tank Design and Construction Rule" means 15A NCAC 18E .1402 (Tank Design and Construction).
SECTION 4.43.(b) Tank Design and Construction Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Tank Design and Construction Rule as provided in subsection (c) of this section.
SECTION 4.43.(c) Implementation. The location of the tank shall not be required to be visible at finished grade when the top of the septic tank or access riser is below the finished grade.
SECTION 4.43.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Tank Design and Construction Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.43.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.44.(a) Definitions. For purposes of this section and its implementation, "Tank Material Requirements Rule" means 15A NCAC 18E .1403 (Tank Material Requirements).
SECTION 4.44.(b) Tank Material Requirements Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Tank Material Requirements Rule as provided in subsection (c) of this section.
SECTION 4.44.(c) Implementation. Reinforced precast concrete tanks shall achieve a minimum 28‑day compressive strength of 4,000 pounds per square inch. The concrete shall meet a compressive strength of 3,500 pounds per square inch prior to removal of the tank from the place of manufacture. The delivery of the tank to the jobsite is considered the certification by the tank manufacturer of these conditions. Authorized agents, professional engineers, or Authorized On‑Site Wastewater Evaluators shall follow the requirements of this Rule on any subsequent testing to verify this certification. Readings from a rebound hammer shall not be used to reject a tank at the jobsite. The local health department, professional engineer, or authorized on‑site wastewater evaluator shall report test readings taken in accordance with this Rule to the On‑Site Water Protection Branch and shall be used to schedule a future random inventory verification by the Department. Rebound hammers shall be used in accordance with the following when checking the strength of a precast concrete tank: 1) the surface of the concrete tank tested should be smooth, dry, and free of honeycombing; 2) the concrete to be tested must be at least four inches thick, readings should be taken around the edges of the tank , tests should not be on trowelled surfaces, and the test locations should be at least one inch from the edge of the tank or the location of another test point. The procedure for testing a tank with a rebound hammer shall be as follows: 1) take a total of 12 readings from around the tank; 2) the rebound hammer shall be directly perpendicular to the surface of the tank; 3) the readings should be from different sides of the concrete tank; 4) take readings from at least two different edges on each tank side, if possible; 5) eliminate the highest and lowest readings taken; 6) average the remaining 10 readings and use that average to determine the concrete compressive strength from the conversion chart on the rebound hammer; and 7) adjust the concrete compressive strength by ± 25% to account for the rebound hammer's ± 25% error in the reading. The rebound hammer should be calibrated annually.
SECTION 4.44.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Tank Material Requirements Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.44.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.45.(a) Definitions. For purposes of this section and its implementation, "Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots Rule" means 15A NCAC 18E .1404 (Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots).
SECTION 4.45.(b) Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots Rule as provided in subsection (c) of this section.
SECTION 4.45.(c) Implementation. Subsections (a), (b), (c), (d), and (g) of this Rule shall apply to risers, effluent filters, or pipe penetration boots made from plastic or fiberglass. Concrete risers and riser lids shall be able to withstand a minimum uniform live loading of 300 pounds per square foot or a minimum 1,500‑pound load applied in a 10 inch by 10 inch area centered on the lid, in addition to all loads to which a riser is normally subjected, such as dead weight of the material and soil cover and active soil pressure on riser walls. Concrete risers shall meet the following requirements: septic tank risers shall have a secondary lid, concrete plug, or other safety device that shall be provided inside the riser for security and to prevent accidental entry; and pump tank risers shall have a secondary safety mechanism that shall be provided with the riser. The secondary safety mechanism shall be a secondary lid, concrete plug, or other safety device to be provided inside the pump tank riser.
SECTION 4.45.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.45.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.46.(a) Definitions. For purposes of this section and its implementation, "Risers, Effluent Filters, and Pipe Penetration Boots Approval Renewal Rule" means 15A NCAC 18E .1405 (Risers, Effluent Filters, and Pipe Penetration Boots Approval Renewal).
SECTION 4.46.(b) Risers, Effluent Filters, and Pipe Penetration Boots Approval Renewal Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Risers, Effluent Filters, and Pipe Penetration Boots Approval Renewal Rule as provided in subsection (c) of this section.
SECTION 4.46.(c) Implementation. This Rule shall only apply to risers, effluent filters, or pipe penetration boots made from plastic or fiberglass.
SECTION 4.46.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Risers, Effluent Filters, and Pipe Penetration Boots Approval Renewal Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.46.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.47.(a) Definitions. For purposes of this section and its implementation, "Local Health Department Responsibilities Rule" means 15A NCAC 18E .1713 (Local Health Department Responsibilities).
SECTION 4.47.(b) Local Health Department Responsibilities Rule. Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Local Health Department Responsibilities Rule as provided in subsection (c) of this section.
SECTION 4.47.(c) Implementation. The local health department shall not be required to include in its monthly activity reports to the Department the number of new system operations permits for Provisional, Innovative, or Accepted systems, the number of construction authorizations issued for Provisional systems, including system type, for repairs of Provisional, Innovative, Accepted systems, including system type being repaired, or repairs of Accepted systems, including system type being repaired, or repair system type.
SECTION 4.47.(d) Additional Rulemaking Authority. The Commission shall adopt a rule to amend the Local Health Department Responsibilities Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).
SECTION 4.47.(e) Sunset. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 4.48.(a) G.S. 143‑214.7(b2) reads as rewritten:
"(b2) For purposes of
implementing stormwater programs, "built‑upon area" means
impervious surface and partially impervious surface to the extent that the
partially impervious surface does not allow water to infiltrate through the
surface and into the subsoil. "Built‑upon area" does not
include a slatted deck; the water area of a swimming pool; a surface of number
57 stone, as designated by the American Society for Testing and Materials, laid
at least four inches thick over a geotextile fabric; a trail as defined in
G.S. 113A‑85 that is either unpaved or paved as long as the pavement
is porous with a hydraulic conductivity greater than 0.001 centimeters per
second (1.41 inches per hour); or landscaping material, including, but not
limited to, gravel, mulch, sand, and vegetation, placed on areas that receive
pedestrian or bicycle traffic or on portions of driveways and parking areas
that will not be compacted by the weight of a vehicle, such as the area between
sections of pavement that support the weight of a vehicle. The owner or
developer of a property may opt out of any of the exemptions from "built‑upon
area" set out in this subsection. For State stormwater programs and
local stormwater programs approved pursuant to subsection (d) of this section,
all of the following shall apply:
(1) The volume, velocity, and discharge rates of water associated with the one‑year, 24‑hour storm and the difference in stormwater runoff from the predevelopment and postdevelopment conditions for the one‑year, 24‑hour storm shall be calculated using any acceptable engineering hydrologic and hydraulic methods.
(2) Development may occur within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission pursuant to G.S. 143‑214.1 and this section provided the stormwater runoff from the entire impervious area of the development is collected, treated, and discharged so that it passes through a segment of the vegetative buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements. For the purpose of this subdivision, the entire impervious area of the development shall not include any portion of a project that is within a North Carolina Department of Transportation or municipal right‑of‑way.
(3) The requirements that apply to development activities within one‑half mile of and draining to Class SA waters or within one‑half mile of Class SA waters and draining to unnamed freshwater tributaries shall not apply to development activities and associated stormwater discharges that do not occur within one‑half mile of and draining to Class SA waters or are not within one‑half mile of Class SA waters and draining to unnamed freshwater tributaries."
SECTION 4.48.(b) Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑214.7D. Limitations on built‑upon area requirements.
(a) As used in this section, the term "built‑upon area" means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil.
(b) For the purposes of implementing State or local government stormwater programs, none of the following surfaces shall be considered "built‑upon area" or an impervious or partially impervious surface:
(1) A slatted deck.
(2) The water area of a swimming pool.
(3) A surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric.
(4) A trail as defined in G.S. 113A‑85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).
(5) Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.
(6) Artificial turf, manufactured to allow water to drain through the backing of the turf, and installed according to the manufacturer's specifications over a pervious surface.
(c) The owner or developer of a property may opt out of any of the exemptions from "built‑upon area" set out in subsection (b) of this section.
(d) Except as specifically required by federal law, a local government may not enact, implement, or enforce a local government ordinance, comprehensive plan, or stormwater program that establishes a definition of "built‑upon area" or impervious surface that does not comply with subsection (b) of this section. This limitation shall apply regardless of any authority granted by G.S. 143‑214.5, G.S. 143‑214.7, or Chapters 153A, 160A, or 160D of the General Statutes.
(e) The Commission may adopt rules to implement this section."
SECTION 4.48.(c) Each unit of local government that operates a stormwater program shall update its program to be consistent with G.S. 143‑214.7D, as enacted by subsection (b) of this section.
SECTION 4.48.(d) This section is effective when it becomes law.
PROHIBIT PUBLIC WATER AND SEWER SYSTEMS FROM IMPOSING UNAUTHORIZED CONDITIONS AND IMPLEMENTING PREFERENCE SYSTEMS FOR ALLOCATING SERVICE TO RESIDENTIAL DEVELOPMENT
SECTION 4.49.(a) Chapter 162A of the General Statutes is amended by adding a new Article to read:
"Article 11.
"Miscellaneous.
"§ 162A‑900. Limitations on allocating service for residential development.
(a) For purposes of this section, "residential development" means new development of single‑family or multifamily housing.
(b) A local government unit, as defined in G.S. 162A‑201, shall not require an applicant for water or sewer service for residential development to agree to any condition not otherwise authorized by law, or to accept any offer by the applicant to consent to any condition not otherwise authorized by law. These conditions include, without limitation, any of the following:
(1) Payment of taxes, impact fees or other fees, or contributions to any fund.
(2) Adherence to any restrictions related to land development or land use, including those within the scope of G.S. 160D‑702(c).
(3) Adherence to any restrictions related to building design elements within the scope of G.S. 160D‑702(b).
(c) A local government unit, as defined in G.S. 162A‑201, shall not implement a scoring or preference system to allocate water or sewer service among applicants for water or sewer service for residential development that does any of the following:
(1) Includes consideration of building design elements, as defined in G.S. 160D‑702(b).
(2) Sets a minimum square footage of any structures subject to regulation under the North Carolina Residential Code.
(3) Requires a parking space to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking.
(4) Requires additional fire apparatus access roads into developments of one‑ or two‑family dwellings that are not in compliance with the required number of fire apparatus access roads into developments of one‑ or two‑family dwellings set forth in the Fire Code of the North Carolina Residential Code."
SECTION 4.49.(b) This section is effective when it becomes law.
ESTABLISH A TIME LIMIT FOR REVIEW OF APPLICATIONS SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR WATER DISTRIBUTION SYSTEMS TO CONSTRUCT OR ALTER A PUBLIC WATER SYSTEM
SECTION 4.50.(a) G.S. 130A‑328 is amended by adding a new subsection to read:
"(c1) The Department shall perform a review of an application for a water distribution system authorization subject to the following requirements:
(1) The Department shall review the application within 45 days of receipt of a complete application when a professional engineer provides certification that the design meets or exceeds the Minimum Design Criteria developed by the Department applicable to the project. For purposes of this section, a complete application is defined as an application that includes all of the required components described in the application form.
(2) The Department shall perform an administrative review of a new application within 10 days of receipt to determine if all required information is included in the application. If the application is complete, the Department shall issue a receipt letter or electronic response stating that the application is complete and that a 45‑calendar day technical review period has started as of the date on which the Department received the complete application. If required items or information are not included in the application, the application is incomplete, and the Department shall issue an application receipt letter or electronic response identifying the information required to complete the application before the technical review begins. When the Department receives the required information, the Department shall issue a receipt letter or electronic response specifying that the application is complete and that the 45‑calendar day review period has started as of the date on which the Department received the remaining required information.
(3) If additional information is required to complete the technical review, the Department shall issue a request for additional information required to complete the review, and the 45‑calendar day technical review period shall pause until the additional information is received. If the Department does not receive the requested additional information from the applicant within 30 calendar days, the Department shall return the application to the applicant.
(5) Should the Department not complete its review of the application within the 45‑day technical review period, the application shall be considered deemed approved."
SECTION 4.50.(b) This section becomes effective December 1, 2024, and applies to applications submitted on or after that date.
CLARIFY SCOPE OF PUBLIC SWIMMING POOL LAWS TO EXEMPT PRIVATE POOLS OFFERED FOR USE THROUGH A SHARING ECONOMY PLATFORM
SECTION 4.51.(a) G.S. 130A‑280 reads as rewritten:
"§ 130A‑280. Scope.
This Article provides for the
regulation of public swimming pools in the State as they may affect the public
health and safety. As used in this Article, the term "public swimming
pool" means any structure, chamber, or tank containing an artificial body
of water used by the public for swimming, diving, wading, recreation, or
therapy, together with buildings, appurtenances, and equipment used in
connection with the body of water, regardless of whether a fee is charged for
its use. The term includes municipal, school, hotel, motel, apartment, boarding
house, athletic club, or other membership facility pools and spas, spas
operating for display at temporary events, and artificial swimming lagoons. As
used in this Article, an "artificial swimming lagoon" means any body
of water used for recreational purposes with more than 20,000 square feet of
surface area, an artificial liner, and a method of disinfectant that results in
a disinfectant residual in the swimming zone that is protective of the public
health. This Article does not apply to a any of the following:
(1) A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests.
(2) A private pool serving a single family dwelling meeting the minimum requirements of this subdivision which is offered to, and used by, individuals on a temporary basis utilizing a sharing economy platform. For the purposes of this subdivision, a sharing economy platform means an online platform used to facilitate peer‑to‑peer transactions to acquire, provide, or share access to goods and services. For the purposes of this subdivision, a pool must meet all of the following minimum requirements:
a. Pools must have proper fencing and barriers to prevent unsupervised access, especially by children. The fence should be at least 4 feet high with a self‑latching gate.
b. Pools must have clear and conspicuous signage posted around the pool area specifying pool rules, depth markers, and any potential hazards.
c. Pools must be equipped with basic lifesaving equipment, including life rings and reaching poles.
d. Pool decks and surrounding areas must have non‑slip surfaces.
e. Pools must have properly fitted covers for all submerged suction outlets.
f. Pools must be well‑maintained with proper chemical balance and cleanliness to ensure safe and healthy swimming conditions.
(3) This Article also does not apply to therapeutic
Therapeutic pools used in physical therapy programs operated by
medical facilities licensed by the Department or operated by a licensed
physical therapist, nor to therapeutic chambers drained, cleaned, and refilled
after each individual use."
SECTION 4.51.(b) This section becomes effective July 1, 2025.
PART V. REORGANIZE BUILDING CODE COUNCIL
SECTION 5.1.(a) G.S. 143‑136 reads as rewritten:
"§ 143‑136. Building Code Council created; membership, committees.
(a) Creation; Membership;
Terms. Creation. There is hereby created a Building Code Council,
which shall be composed of 17 13 members appointed by the
Governor, consisting of the following:as follows:
(1) Two licensed architects.
(2) One licensed general contractor.
(3) One licensed general contractor specializing in
residential construction.
(4) One licensed general contractor specializing in
coastal residential construction.
(5) One licensed engineer practicing structural
engineering.
(6) One licensed engineer practicing mechanical
engineering.
(7) One licensed engineer practicing electrical
engineering.
(8) One licensed plumbing and heating contractor.
(9) One municipal or county building inspector.
(10) One licensed liquid petroleum gas
dealer/contractor involved in the design of natural and liquid petroleum gas
systems who has expertise and experience in natural and liquid petroleum gas
piping, venting and appliances.
(11) One representative of the public who is not a
member of the building construction industry.
(12) One licensed electrical contractor.
(13) One licensed engineer on the engineering staff of
a State agency charged with approval of plans of State‑owned buildings.
(14) One municipal elected official or city manager.
(15) One county commissioner or county manager.
(16) One active member of the North Carolina fire
service with expertise in fire safety, as recommended by the North Carolina
State Firefighters' Association.
(1) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold an unlimited general contractor license under Chapter 87 of the General Statutes and specializes in multifamily construction.
(2) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall hold a license as a professional engineer under Chapter 89C of the General Statutes and specializes in structural engineering.
(3) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold an unlimited general contractor license under Chapter 87 of the General Statutes and specializes in commercial construction.
(4) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall hold a license as a professional engineer under Chapter 89C of the General Statutes and specializes in electrical engineering.
(5) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold a license as an attorney‑at‑law under Chapter 84 of the General Statutes and specializes in construction law.
(6) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall hold an unlimited electrical contractor license under Chapter 87 of the General Statutes.
(7) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution who shall hold a general contractor license under Chapter 87 of the General Statutes and specializes in the construction of buildings greater than 75 feet in height.
(8) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution who shall hold a license as a professional engineer under Chapter 89C of the General Statutes and specializes in mechanical engineering.
(9) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution who shall hold an unlimited plumbing and heating contractor license under Chapter 87 of the General Statutes and specializes in plumbing contracting.
(10) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution who shall hold an unlimited plumbing and heating contractor license under Chapter 87 of the General Statutes and specializes in mechanical contracting.
(11) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution who shall be a Level III Code‑enforcement official employed by a municipality or county.
(12) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution who shall be a North Carolina certified Level III Fire Code Official.
(13) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution as a representative of the fuel‑gas industry.
(a1) In selecting the municipal and county members,
preference should be given to members who qualify as either a licensed
architect, licensed engineer, or licensed general contractor. Terms; Removal;
Vacancies; Chair. Of the members initially appointed by the General Assembly
upon the recommendation of the Speaker of the House of Representatives, one
shall serve for a term of two years, one shall serve for a term of four years,
and one shall serve for a term of six years. Of the members initially appointed
by the General Assembly upon the recommendation of the President Pro Tempore of
the Senate, one shall serve for a term of two years, one shall serve for a term
of four years, and one shall serve for a term of six years. Of the members
initially appointed by the Governor, three shall serve for terms of two years
each, three two shall serve for terms of four years each, and three
two shall serve for terms of six years each. Thereafter, all
appointments shall be for terms of six years. The Governor may remove
appointive members at any time. Neither the architect nor any Each
appointing authority may remove any member of the Council appointed by that
appointing authority from office for misfeasance, malfeasance, or nonfeasance. Appointments
by the General Assembly shall be made in accordance with G.S. 120‑121,
and vacancies in those appointments shall be filled in accordance with G.S. 120‑122.
Vacancies in appointments made by the Governor shall be filled by the Governor
subject to confirmation in accordance with Section 5(8) of Article III of the
North Carolina Constitution. The Governor shall designate one member of the
Council as chair. None of the above named engineers shall be engaged in the
manufacture, promotion or sale of any building material, and any member who
shall, during his their term, cease to meet the qualifications
for original appointment (through ceasing to be a practicing member of the
profession indicated or otherwise) shall thereby forfeit his their membership
on the Council. In making new appointments or filling vacancies, the Governor
shall ensure that minorities and women are represented on the Council.
The Governor may make
appointments to fill the unexpired portions of any terms vacated by reason of
death, resignation, or removal from office. In making such appointment, he
shall preserve the composition of the Council required above.
(a2) Process for Appointments by the Governor. The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, within four weeks of the convening of the session of the General Assembly in the year for which the terms in question are initially appointed or are to expire, the names of the persons to be appointed by the Governor and submitted to the General Assembly for confirmation by joint resolution. If an appointment is required pursuant to this subsection when the General Assembly is not in session, the member may be appointed and serve on an interim basis pending confirmation by the General Assembly. For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the regular session, (ii) during any adjournment of the regular session for more than 10 days, or (iii) after sine die adjournment of the regular session.
(b) Compensation. Members of the Building Code Council other than any who are employees of the State shall receive seven dollars ($7.00) per day, including necessary time spent in traveling to and from their place of residence within the State to any place of meeting or while traveling on official business of the Council. In addition, all members shall receive mileage and subsistence according to State practice while going to and from any place of meeting, or when on official business of the Council.
(c) Repealed by Session Laws 2023‑108, s. 1(b), effective January 1, 2025.
(d) Building Code
Committee Created; Duties. Within the Building Code Council, there is
hereby created a Building Code Committee for all structures except those
subject to the North Carolina Residential Building Code. The committee shall be
composed of the following nine members of the Building Code Council:
(1) One of the licensed architects appointed by the
chairman of the Building Code Council.
(2) The licensed engineer practicing mechanical
engineering.
(3) The licensed engineer practicing electrical
engineering.
(4) The licensed engineer practicing structural
engineering.
(5) The municipal elected official.
(6) The fire service representative.
(7) The municipal or county building inspector.
(8) The State agency engineer.
(9) The licensed general contractor.
The chairman of the Building Code
Council shall call the first meeting of the Committee, at which meeting the
Committee shall elect a chairman from among the members of the Committee as the
first order of business. Thereafter, the Committee The Building Code Council shall meet upon the call of the chairman to review and
consider any proposal for revision or amendment to the North Carolina State
Building Code, including provisions applicable to the North Carolina
Energy Conservation Code, the North Carolina Electrical Code, the North
Carolina Fuel Gas Code, the North Carolina Plumbing Code, the North Carolina
Mechanical Code, the North Carolina Existing Building Code, Code volumes,
as specified in G.S. 143‑138(a), and any other code applicable
to commercial or multi‑family construction, and no revision or
amendment to any of these codes applicable to commercial or multi‑family
construction may be considered by the Building Code Council unless recommended
by this committee. This committee construction. The Council shall also
oversee the process by which the Council conducts its revision of the
codes as specified in G.S. 143‑138(a) and applicable to
commercial or multi‑family construction pursuant to G.S. 143‑138(d).
This committee The Council shall also consider any appeal or interpretation
arising under G.S. 143‑141 pertaining to codes Code
volumes, as set forth in G.S. 143‑138(a), and codes applicable
to commercial or multi‑family construction and make a recommendation
to the Building Code Council for disposition of the appeal or issue an interpretation.
In considering the recommendations of the committee related to revisions and
amendments of the Building Code, nothing in this subsection shall prevent the
Building Code Council from accepting, rejecting, or amending the
recommendation, provided that any amendment to the recommendation must be
germane."
SECTION 5.1.(b) In order to establish overlapping terms, initial appointments pursuant to G.S. 143‑136(a), as amended by subsection (a) of this section, shall be made effective January 1, 2025, or as soon as feasible thereafter, and expire as follows:
(1) The initial appointments made by the Governor:
a. Pursuant to G.S. 143‑136(a)(7) shall expire January 1, 2027.
b. Pursuant to G.S. 143‑136(a)(8) shall expire January 1, 2027.
c. Pursuant to G.S. 143‑136(a)(9) shall expire January 1, 2027.
d. Pursuant to G.S. 143‑136(a)(10) shall expire January 1, 2029.
e. Pursuant to G.S. 143‑136(a)(11) shall expire January 1, 2029.
f. Pursuant to G.S. 143‑136(a)(12) shall expire January 1, 2031.
g. Pursuant to G.S. 143‑136(a)(13) shall expire January 1, 2031.
(2) The initial appointments made by the General Assembly upon recommendation of the Speaker of the House of Representatives:
a. Pursuant to G.S. 143‑136(a)(1) shall expire January 1, 2027.
b. Pursuant to G.S. 143‑136(a)(3) shall expire January 1, 2029.
c. Pursuant to G.S. 143‑136(a)(5) shall expire January 1, 2031.
(3) The initial appointments made by the General Assembly upon recommendation of the President Pro Tempore of the Senate:
a. Pursuant to G.S. 143‑136(a)(2) shall expire January 1, 2027.
b. Pursuant to G.S. 143‑136(a)(4) shall expire January 1, 2029.
c. Pursuant to G.S. 143‑136(a)(6) shall expire January 1, 2031.
SECTION 5.1.(c) G.S. 143‑137 reads as rewritten:
"§ 143‑137. Organization of Building Code Council; rules; meetings; staff; fiscal affairs.
(a) First Meeting;
Organization; Rules. Within 30 days after its appointment, the Building Code
Council shall meet on call of the State Fire Marshal. The Council shall
elect from its appointive members a chairman and such other officers as it may
choose, for such terms as it may designate in its rules. The Council shall
adopt such rules not inconsistent herewith as it may deem
necessary for the proper discharge of its duties. The chairman chair may
establish and appoint members to such committees as the work of
the Council may require. In addition, the chairman shall chair may establish
and appoint ad hoc code revision committees to consider and prepare revisions
and amendments to the Code volumes. volumes, as specified in G.S. 143‑138(a).
Each ad hoc committee shall consist of members of the Council, licensed
contractors, and design professionals most affected by the Code volume for
which the ad hoc committee is responsible, and members of the public. The
subcommittees Ad hoc committees shall meet upon the call of their
respective chairs and shall report their recommendations to the Council.
(b) Meetings. The Council
shall meet regularly, at least once every six months, at places and dates to be
determined by the Council. Special meetings may be called by the chairman chair
on his own initiative and must be called by him the chair at
the request of two or more members of the Council. All members shall be
notified by the chairman chair in writing of the time and place
of regular and special meetings at least seven days in advance of such meeting.
Seven members shall constitute a quorum. All meetings shall be open to
the public.
(c) Staff. Personnel of
the Division of Engineering of the Department of Insurance shall serve as a staff
for the Council. Such staff shall Council, and have the duties
of following duties:
(1) Keeping an accurate and
complete record of all meetings, hearings, correspondence, laboratory studies,
and technical work performed by or for the Council, and making these records
available for public inspection at all reasonable times;times.
(2) Handling correspondence for the Council.
(d) Fiscal Affairs of the Council. All funds for the operations of the Council and its staff shall be appropriated to the Department of Insurance for the use of the Council. All such funds shall be held in a separate or special account on the books of the Department of Insurance, with a separate financial designation or code number to be assigned by the Department of Insurance or its agent. Expenditures for staff salaries and operating expenses shall be made in the same manner as the expenditure of any other Department of Insurance funds. The Office of the State Fire Marshal may hire such additional personnel as may be necessary to handle the work of the Building Code Council, within the limits of funds appropriated to the Department of Insurance for the Council and with the approval of the Council.
(e) Quorum; Voting; No Proxy Vote. Nine members shall constitute a quorum for the transaction of business and an affirmative vote of nine members present shall be necessary to approve any action of the Building Code Council, including any amendment or revision to Code volumes, as specified in G.S. 143‑138(a). No member may vote by proxy."
SECTION 5.1.(d) This section becomes effective January 1, 2025.
MISCELLANEOUS CHANGES TO IMPLEMENT BUILDING CODE COUNCIL AND RESIDENTIAL CODE COUNCIL REORGANIZATION
SECTION 5.2.(a) G.S. 143‑136.1 reads as rewritten:
"§ 143‑136.1. Residential Code Council created; membership.
(a) Creation; Membership. There is hereby created a Residential Code Council, which consists of 13 members appointed as follows:
(1) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold an unlimited general contractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(2) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall hold an unlimited or intermediate general contractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(3) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold a plumbing contractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(4) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall hold a heating contractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(5) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall hold an unlimited, intermediate, or limited general contractor license under Chapter 87 of the General Statutes and specializes in coastal construction.
(6) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall hold an unlimited, intermediate, or limited general contractor license under Chapter 87 of the General Statutes and specializes in residential construction.
(7) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall hold an electrical contractor license under Chapter 87 of the General Statutes.
(8) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a licensed professional engineer under Chapter 89C of the General Statutes and specializes in residential construction.
(9) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a Level I or Level II Code‑enforcement official employed by a municipality or county.
(10) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a member of the public‑at‑large.
(11) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a representative of the natural gas industry.
(12) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall be a fire service representative.
(13) One member appointed by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution, who shall hold a general contractor license under Chapter 87 of the General Statutes and specializes in residential foundations or concrete placement.
(b) Terms; Removal; Vacancies; Chair. Of the members initially appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, one shall serve for a term of two years, one shall serve for a term of four years, and one shall serve for a term of six years. Of the members initially appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one shall serve for a term of two years, one shall serve for a term of four years, and one shall serve for a term of six years. Of the members initially appointed by the Governor, two shall serve for a term of two years, two shall serve for a term of four years, and three shall serve for a term of six years. Thereafter, all appointments shall be for terms of six years. Each appointing authority may remove any member of the Council appointed by that appointing authority from office for misfeasance, malfeasance, or nonfeasance. Appointments by the General Assembly shall be made in accordance with G.S. 120‑121, and vacancies in those appointments shall be filled in accordance with G.S. 120‑122. Vacancies in appointments made by the Governor shall be filled by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the North Carolina Constitution. The Governor shall designate one member of the Council as chair.
(b1) Process for Appointments by the Governor. The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, within four weeks of the convening of the session of the General Assembly in the year for which the terms in question are initially appointed or are to expire, the names of the persons to be appointed by the Governor and submitted to the General Assembly for confirmation by joint resolution. If an appointment is required pursuant to this subsection when the General Assembly is not in session, the member may be appointed and serve on an interim basis pending confirmation by the General Assembly. For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the regular session, (ii) during any adjournment of the regular session for more than 10 days, or (iii) after sine die adjournment of the regular session.
(c) Compensation. Members of the Residential Code Council, other than any who are employees of the State, shall receive seven dollars ($7.00) per day, including necessary time spent in traveling to and from their place of residence within the State to any place of meeting or while traveling on official business of the Council. In addition, all members shall receive mileage and subsistence according to State practice while going to and from any place of meeting, or when on official business of the Council.
(d) Duties. The Residential
Code Council shall review and consider any proposal for revision or amendment
to the North Carolina Residential Code, including applicable provisions from
the North Carolina Energy Conservation Code, North Carolina Electrical Code,
North Carolina Fuel Gas Code, North Carolina Plumbing Code, North Carolina
Mechanical Code, North Carolina Existing Building Code, and any other code
applicable to residential construction. This construction as set
forth in G.S. 143‑138(a). The Council shall oversee revision of the North
Carolina Residential Code and codes applicable to dwellings subject to the
North Carolina Residential Code pursuant to G.S. 143‑138(d). The Council
shall also consider any appeal or interpretation arising under G.S. 143‑141
pertaining to the North Carolina Residential Code volumes, as specified
in G.S. 143‑138(a), and make disposition of the appeal or issue
an interpretation."
SECTION 5.2.(b) G.S. 143‑137.1 reads as rewritten:
"§ 143‑137.1. Organization of Residential Code Council; rules; meetings; staff; fiscal affairs; quorum.
(a) First Meeting;
Organization; Rules. Within 30 days after its appointment, the Residential
Code Council shall meet on call of the State Fire Marshal. The Council shall
adopt rules it may deem necessary for the proper discharge of its duties. The
chair may establish and appoint members to any committees the work of the
Council may require. In addition, the chair may establish and appoint an ad
hoc code revision committee committees to consider and prepare
revisions and amendments to the North Carolina Residential Code. The Each
ad hoc committee shall consist of members of the Council, licensed
contractors, and design professionals most affected by the North Carolina
Residential Code, and members of the public. Committees shall meet upon the
call of their respective chairs and shall report their recommendations to the
Council.
(b) Meetings. The Residential Code Council shall meet regularly, at least once every six months, at places and dates to be determined by the Council. Special meetings may be called by the chair and must be called by the chair at the request of two or more members of the Council. All members shall be notified by the chair in writing of the time and place of regular and special meetings at least seven days in advance of such meeting. All meetings shall be open to the public.
(c) Staff. Personnel of
the Division of Engineering of the Department of Insurance shall serve as a staff
for the Residential Code Council. This staff shall Council, and have
the following duties:
(1) Keeping an accurate and complete record of all meetings, hearings, correspondence, laboratory studies, and technical work performed by or for the Council, and making these records available for public inspection at all reasonable times.
(2) Handling correspondence for the Council.
(d) Fiscal Affairs of the Council. All funds for the operations of the Residential Code Council and its staff shall be appropriated to the Department of Insurance for the use of the Council. These funds shall be held in a separate or special account on the books of the Department of Insurance, with a separate financial designation or code number to be assigned by the Department of Insurance or its agent. Expenditures for staff salaries and operating expenses shall be made in the same manner as the expenditure of any other Department of Insurance funds. The Department of Insurance may hire any additional personnel necessary to handle the work of the Council, within the limits of funds appropriated for the Council and with the approval of the Council.
(e) Quorum; Voting; No Proxy
Vote. Nine members shall constitute a quorum for the transaction of business
and an affirmative vote of nine members present shall be necessary to approve
any action of the Council, including any amendment or revision to the North
Carolina Residential Code. Code volumes, as specified in G.S. 143‑138(a).
No member may vote by proxy."
SECTION 5.2.(c) G.S. 143‑138 reads as rewritten:
"§ 143‑138. North Carolina State Building Code.
(a) Preparation and
Adoption. The Building Code Council and Residential Code Council may prepare
and adopt, in accordance with the provisions of this Article, a North Carolina
State Building Code. The Building Code Council shall oversee codes
applicable to commercial or multi‑family construction and contained in
Code volumes, as specified in subdivisions (1) through (9) of this subsection,
that apply to commercial and multi‑family construction. The Residential
Code Council shall oversee codes applicable to residential construction and contained
in Code volumes, as specified in subdivisions (1) through (10) of this
subsection, that apply to residential construction. Before the adoption of
any volume of the Code, or any part of the Code, the responsible Council shall
hold at least one public hearing. A notice of the public hearing shall be
published in the North Carolina Register at least 15 days before the date of
the hearing. Notwithstanding G.S. 150B‑2(8a)h., any volume, or any
part, of the North Carolina State Building Code as adopted by the Building Code
Council or Residential Code Council is a rule within the meaning of
G.S. 150B‑2(8a) and shall be adopted in accordance with the
procedural requirements of Article 2A of Chapter 150B of the General Statutes.
For the purposes of this Article, "North Carolina State Building
Code" or "Code" shall collectively refer to all Code volumes, as
revised or amended, prepared and adopted by the Building Code Council or
Residential Code Council pursuant to this Article, including Article.
The North Carolina State Building Code shall consist of the following Code
volumes:
(1) North Carolina Administrative Code and Policies.
(2) North Carolina Building Code.
(3) North Carolina Electrical Code.
(4) North Carolina Energy Conservation Code.
(5) North Carolina Existing Building Code.
(6) North Carolina Fire Code.
(7) North Carolina Fuel Gas Code.
(8) North Carolina Mechanical Code.
(9) North Carolina Plumbing Code.
(10) North Carolina Residential Code.
(d) Amendments of the Code.
The Building Code Council and Residential Code Council may periodically revise
and amend those parts of the North Carolina State Building Code for which those
Councils are responsible, either on their own motion or upon application from
any citizen, State agency, or political subdivision of the State. In addition
to the periodic revisions or amendments made by the responsible Council, the
Residential Code Council shall perform a comprehensive review and revise or
amend the North Carolina Residential Code, including provisions applicable
to dwellings covered by the North Carolina Residential Code, from the North
Carolina Energy Conservation Code, North Carolina Electrical Code, North
Carolina Fuel Gas Code, North Carolina Plumbing Code, and North Carolina
Mechanical Code only every six years, to become effective the first day of
January of the following year, with at least six months between adoption and
effective date. The first six‑year revision by the Residential Council
under this subsection shall be adopted to become effective January 1, 2031, and
every six years thereafter. After its appointment pursuant to G.S. 143‑136.1,
the Residential Code Council shall review the North Carolina Energy
Conservation Code, the North Carolina Fuel Gas Code, and the North Carolina
Mechanical Code as applicable to residential construction and may amend the
those codes and any relevant chapters of the North Carolina
Residential Code, affected by that review, by January 1, 2026. Following the
adoption of amendments to the North Carolina Residential Code affected by that
review, the North Carolina Residential Code shall also be subject to the first
six‑year revision under this subsection. In adopting any amendment, the
Building Code Council and Residential Code Council shall comply with the same
procedural requirements and the same standards for adoption of the Code. The
Building Code Council and Residential Code Council, through the Office of the
State Fire Marshal, shall publish in the North Carolina Register all appeal
decisions made by the responsible Code Council and all formal opinions at least
semiannually. The Building Code Council and Residential Code Council, through
the Office of the State Fire Marshal, shall also publish at least semiannually
in the North Carolina Register a statement providing the accurate website
address and information on how to find additional commentary and interpretation
of the Code.
."
SECTION 5.2.(d) In performing its review of the North Carolina State Building Code to amend relevant chapters of the North Carolina Residential Code after its appointment pursuant to G.S. 143‑136.1, as required by G.S. 143‑138(d), the Residential Code Council shall include relevant provisions from the North Carolina Administrative Code and Policies volume, as appropriate and modified by the Residential Code Council, in its amendment to the Residential Code.
SECTION 5.2.(e) G.S. 143‑139 reads as rewritten:
"§ 143‑139. Enforcement of Building Code.
(b1) Remedies. In case any
building or structure is maintained, erected, constructed, or reconstructed or
its purpose altered, so that it becomes in violation of this Article or of the
North Carolina State Building Code, either the local enforcement officer or the
State Fire Marshal or other State official with responsibility under this
section may, in addition to other remedies, institute any appropriate action or
proceeding to: (i) prevent the unlawful maintenance, erection, construction, or
reconstruction or alteration of purpose, or overcrowding, (ii) restrain,
correct, or abate the violation, or (iii) prevent the occupancy or use of the
building, structure, or land until the violation is corrected. In addition to
the civil remedies set out in G.S. 160A‑175 and G.S. 153A‑123,
a county, city, or other political subdivision authorized to enforce the North
Carolina State Building Code within its jurisdiction may, for the purposes
stated in (i) through (iii) of this subsection, levy a civil penalty for
violation of the fire prevention code North Carolina Fire Code of
the North Carolina State Building Code, which penalty may be recovered in a
civil action in the nature of debt if the offender does not pay the penalty
within a prescribed period of time after the offender has been cited for the
violation. If the State Fire Marshal or other State official institutes an
action or proceeding under this section, a county, city, or other political
subdivision may not institute a civil action under this section based upon the
same violation. Appeals from the imposition of any remedy set forth herein,
including the imposition of a civil penalty by a county, city, or other
political subdivision, shall be as provided in G.S. 160D‑1127.
."
SECTION 5.2.(f) G.S. 143‑140 reads as rewritten:
"§ 143‑140. Hearings before enforcement agencies as to questions under the North Carolina State Building Code.
(a) Any person desiring to
raise any question under this Article or under the North Carolina State
Building Code shall be entitled to a technical interpretation from the
appropriate enforcement agency, as designated in the preceding section. G.S. 143‑139.
Upon request in writing by any such person, the enforcement agency through
an appropriate official shall within a reasonable time provide a written
interpretation, setting forth the facts found, the decision reached, and the
reasons therefor. In the event of dissatisfaction with such decision, the
person affected shall have the options of:
(1) Appealing to the Building
Code Council or the Residential Code Council.responsible Code Council
for the subject matter or code provision in question.
(2) Appealing directly to the Superior Court, as provided in G.S. 143‑141.
(b) If an interpretation under this section or under G.S. 143‑141(b) changes after a building permit is issued, the permit applicant may choose which version of the interpretation will apply to the permit, unless such a choice would cause harm to life or property."
SECTION 5.2.(g) G.S. 87‑10 reads as rewritten:
"§ 87‑10. Application for license; examination; certificate; renewal.
(b) An applicant shall identify an individual who has successfully passed an examination approved by the Board who, for purposes of this section, shall be known as the "qualifier" or the "qualifying party" of the applicant. If the qualifier or the qualifying party seeks to take an examination, the examination shall establish (i) the ability of the applicant to make a practical application of the applicant's knowledge of the profession of contracting; (ii) the qualifications of the applicant in reading plans and specifications, knowledge of relevant matters contained in the North Carolina State Building Code, knowledge of estimating costs, construction, ethics, and other similar matters pertaining to the contracting business; (iii) the knowledge of the applicant as to the responsibilities of a contractor to the public and of the requirements of the laws of the State of North Carolina relating to contractors, construction, and liens; and (iv) the applicant's knowledge of requirements of the Sedimentation Pollution Control Act of 1973, Article 4 of Chapter 113A of the General Statutes, and the rules adopted pursuant to that Article. If the qualifier or qualifying party passes the examination, upon review of the application and all relevant information, the Board shall issue a license to the applicant to engage in general contracting in the State of North Carolina, which may be limited as follows:
(1) Building contractor, which shall include private, public, commercial, industrial and residential buildings of all types.
(1a) Residential contractor,
which shall include any general contractor constructing only residences which
are required to conform to the residential building code North
Carolina Residential Code adopted by the Building Residential Code
Council pursuant to G.S. 143‑138.
(2) Highway contractor.
(3) Public utilities contractors, which shall include those whose operations are the performance of construction work on the following subclassifications of facilities:
a. Water and sewer mains, water service lines, and house and building sewer lines as defined in the North Carolina State Building Code, and water storage tanks, lift stations, pumping stations, and appurtenances to water storage tanks, lift stations, and pumping stations.
b. Water and wastewater treatment facilities and appurtenances thereto.
c. Electrical power transmission facilities, and primary and secondary distribution facilities ahead of the point of delivery of electric service to the customer.
d. Public communication distribution facilities.
e. Natural gas and other petroleum products distribution facilities; provided the General Contractors Licensing Board may issue license to a public utilities contractor limited to any of the above subclassifications for which the general contractor qualifies.
(4) Specialty contractor, which shall include those whose operations as such are the performance of construction work requiring special skill and involving the use of specialized building trades or crafts, but which shall not include any operations now or hereafter under the jurisdiction, for the issuance of license, by any board or commission pursuant to the laws of the State of North Carolina.
."
SECTION 5.2.(h) G.S. 130A‑248 reads as rewritten:
"§ 130A‑248. Regulation of food and lodging establishments.
(g) All hotels, motels,
tourist homes, and other establishments that provide lodging for pay shall
comply with the requirements of G.S. 143‑138(b2)(2). Upon
notification of a violation of G.S. 143‑138(b2)(2) by the code
official responsible for enforcing the NC State Building North
Carolina Fire Code (Fire Prevention) in accordance with
G.S. 143‑138(b2)(4), the local health department is authorized to
suspend a permit issued pursuant to this section in accordance with
G.S. 130A‑23."
SECTION 5.2.(i) G.S. 143‑151.8 reads as rewritten:
"§ 143‑151.8. Definitions.
(a) The following definitions apply in this Article:
(1) Board. The North Carolina Code Officials Qualification Board.
(2) Code. Consists of all of the following:
a. The North Carolina State Building Code adopted by the Building Code Council and Residential Code Council under G.S. 143‑138.
b. Local building rules
approved by the Building Code Council.Council and Residential Code
Council.
c. Any resolution adopted by a federally recognized Indian Tribe in which the Tribe adopts the North Carolina State Building Code and related local building rules.
d. The standards adopted by the State Fire Marshal under G.S. 143‑143.15(a).
(3) Code enforcement. The examination and approval of plans and specifications, the inspection of the manner of construction, workmanship, and materials for construction of buildings and structures and their components, or the enforcement of fire code regulations by any of the following, to assure compliance with the North Carolina State Building Code and related local building rules:
a. An employee of the State or local government, except an employee of the State Department of Labor engaged in the administration and enforcement of sections of the Code that pertain to boilers and elevators.
b. An employee of a federally recognized Indian Tribe employed to perform inspections on tribal lands.
c. An individual contracting with the State, a local government, or a federally recognized Indian Tribe to perform inspections on tribal lands.
d. An individual who is employed by a company contracting with a county or a city to conduct inspections.
e. A person who is contracting with a local government to perform third‑party plan review under G.S. 160D‑1110.1(d).
f. A person who is contracting with a permit applicant to perform third‑party plan review under G.S. 160D‑1110.1(e).
(4) Local inspection department. The agency or agencies of local government, or any government agency of a federally recognized Indian Tribe, with authority to make inspections of buildings and to enforce the Code and other laws, ordinances, and rules enacted by the State, a local government, or a federally recognized Indian Tribe.
(5) Qualified Code‑enforcement official. A person qualified under this Article to engage in the practice of Code enforcement.
(b) For purposes of this Article, the population of a city or county is determined according to the most current federal census, unless otherwise specified.
(c) For purposes of this Article, "willful misconduct, gross negligence, or gross incompetence" in addition to the meaning of those terms under other provisions of the General Statutes or at common law, includes any of the following:
(1) Enforcing a Code requirement in areas or circumstances not specified in the requirement.
(2) Refusing to accept an alternative design or construction method that has been appealed under G.S. 143‑140.1 and found by the Office of the State Fire Marshal to comply with the Code under the conditions or circumstances set forth in the Office of the State Fire Marshal's decision for that appeal.
(3) Refusing to allow an alternative construction method currently included in the Building Code under the conditions or circumstances set forth in the Code for that alternative method.
(4) Enforcing a requirement that is more stringent than or otherwise exceeds the Code requirement.
(5) Refusing to implement or
adhere to an interpretation of the North Carolina State Building Code
issued by the Building Code Council Council, Residential Code
Council, or the Office of the State Fire Marshal.
(6) Habitually failing to provide requested inspections in a timely manner.
(7) Enforcing a Code official's preference in the method or manner of installation of heating ventilation and air‑conditioning units, appliances, or equipment if it is not required by the State Building Code and is in contradiction of a manufacturer's installation instructions or specifications."
SECTION 5.2.(j) G.S. 143‑151.13 reads as rewritten:
"§ 143‑151.13. Required standards and certificates for Code‑enforcement officials.
(f) The Board shall issue a standard certificate to any person who is currently licensed to practice as a(n):
(1) Architect, registered pursuant to Chapter 83A;
(2) General contractor, licensed pursuant to Article 1 of Chapter 87;
(3) Plumbing or heating contractor, licensed pursuant to Article 2 of Chapter 87;
(4) Electrical contractor, licensed pursuant to Article 4 of Chapter 87; or,
(5) Professional engineer, registered pursuant to Chapter 89C;
provided the person successfully completes a short course, as prescribed by the Board, relating to the North Carolina State Building Code regulations and Code‑enforcement administration. The standard certificate shall authorize the person to practice as a qualified Code‑enforcement official in a particular type of position at the level determined by the Board, based on the type of license or registration held in any profession specified above.
."
SECTION 5.2.(k) G.S. 143‑151.14 reads as rewritten:
"§ 143‑151.14. Comity.
(c) The certificates granted under subsections (a) and (b) of this section shall expire after three years unless within that time period the holder completes a short course, as prescribed by the Board, relating to the North Carolina State Building Code regulations and Code‑enforcement administration.
."
SECTION 5.2.(l) G.S. 143‑151.17 reads as rewritten:
"§ 143‑151.17. Grounds for disciplinary actions; investigation; administrative procedures.
(a) The Board has the power to suspend, revoke, demote to a lower level, or refuse to grant a certificate issued under this Article to any person to whom any of the following applies:
(1) Has been convicted of a felony against this State or the United States, or convicted of a felony in another state that would also be a felony if it had been committed in this State.
(2) Has obtained certification through fraud, deceit, or perjury.
(3) Has knowingly aided or abetted any person practicing contrary to the provisions of this Article or the North Carolina State Building Code or any building codes adopted by a federally recognized Indian Tribe.
(4) Has defrauded the public or attempted to do so.
(5) Has affixed his or her signature to a report of inspection or other instrument of service if no inspection has been made by him or her or under his or her immediate and responsible direction.
(6) Has been guilty of willful misconduct, gross negligence, or gross incompetence.
."
SECTION 5.2.(m) G.S. 153A‑123 reads as rewritten:
"§ 153A‑123. Enforcement of ordinances.
(c1) An ordinance may provide
for the recovery of a civil penalty by the county for violation of the fire
prevention code North Carolina Fire Code of the North Carolina State
Building Code as authorized under G.S. 143‑139.
."
SECTION 5.2.(n) G.S. 160A‑175 reads as rewritten:
"§ 160A‑175. Enforcement of ordinances.
(c1) An ordinance may provide
for the recovery of a civil penalty by the city for violation of the fire
prevention code North Carolina Fire Code of the North Carolina State
Building Code as authorized under G.S. 143‑139.
."
SECTION 5.2.(o) G.S. 58‑6‑25 reads as rewritten:
"§ 58‑6‑25. Insurance regulatory charge.
(d) Use of Proceeds. The Insurance Regulatory Fund is created as an interest‑bearing special fund to which the proceeds of the charge levied in this section and all fees collected under Articles 69 through 71 of this Chapter and under Articles 9 and 9C of Chapter 143 of the General Statutes shall be credited. Moneys in the Fund may be spent only pursuant to appropriation by the General Assembly, and the Fund is subject to the provisions of the State Budget Act. All money credited to the Fund shall be used to reimburse the General Fund for the following:
(7) Money appropriated to the Department of Insurance to pay its expenses incurred in connection with providing staff support for State boards and commissions, including the North Carolina Manufactured Housing Board, State Fire and Rescue Commission, North Carolina Building Code Council, North Carolina Residential Code Council, North Carolina Code Officials Qualification Board, Public Officers and Employees Liability Insurance Commission, North Carolina Home Inspector Licensure Board, and the Volunteer Safety Workers' Compensation Board.
."
SECTION 5.2.(p) G.S. 58‑78A‑1 reads as rewritten:
"§ 58‑78A‑1. Office of the State Fire Marshal.
(b) The Office of the State Fire Marshal shall be responsible for all of the following:
(1) State Fire and Rescue Commission, Article 78 of this Chapter.
(2) Investigation of Fires and Inspection of Premises, Article 79 of this Chapter.
(3) State Volunteer Fire Department, Article 80 of this Chapter.
(4) Pyrotechnics Training and Permitting, Article 82A of this Chapter.
(5) Management of Aqueous Film‑Forming Foams, Article 82B of this Chapter.
(6) Local Firefighters' Relief Funds, Article 84 of this Chapter.
(7) Statewide Firefighters' Relief Fund, Article 85 of this Chapter.
(8) State Fire Protection Grant Fund, Article 85A of this Chapter.
(9) North Carolina Firefighters' and Rescue Squad Workers' Pension Fund, Article 86 of this Chapter.
(10) Volunteer Safety Workers Assistance, Article 87 of this Chapter.
(11) Rescue Squad Workers' Relief Fund, Article 88 of this Chapter.
(12) Building Code Council and Building
Code, Residential Code Council, Article 9 of Chapter 143 of the
General Statutes.
(13) North Carolina Manufactured Housing Board‑Manufactured Home Warranties, [Article 9A of Chapter 143 of the General Statutes].
(14) Uniform Standards Code for Manufactured Homes, Article 9B of this Chapter [Article 9B of Chapter 143 of the General Statutes].
(15) North Carolina Code Officials Qualification Board, Article 9C of this Chapter [Article 9C of Chapter 143 of the General Statutes].
(16) North Carolina Home Inspector Licensure Board, Article 9F of this Chapter [Article 9F of Chapter 143 of the General Statutes].
(17) Engineering and Building Codes Division in the Department of Insurance.
(18) Risk Management Division in the Department of Insurance.
(19) Community Risk Reduction Division in the Department of Insurance.
."
SECTION 5.2.(q) G.S. 58‑78A‑16 reads as rewritten:
"§ 58‑78A‑16. State Fire Marshal to inspect State property.
(a) The State Fire Marshal
shall, as often as is required in the fire code North Carolina Fire
Code adopted by the North Carolina Building Code Council or more often if
the State Fire Marshal considers it necessary, visit, inspect, and thoroughly
examine every State property to analyze and determine its protection from fire,
including the property's occupants or contents. The State Fire Marshal shall
notify in writing the agency or official in charge of the property of any
defect noted by the State Fire Marshal or any improvement considered by the
State Fire Marshal to be necessary, and a copy of that notice shall be
forwarded by the State Fire Marshal to the Department of Administration.
(b) No agency or person authorized or directed by law to select a plan or erect a building comprising 20,000 square feet or more for the use of any county, city, or school district shall receive and approve of the plan until it is submitted to and approved by the State Fire Marshal as to the safety of the proposed building from fire, including the property's occupants or contents.
(c) Repealed by Session Laws 2009‑474, s. 1, effective October 1, 2009."
SECTION 5.2.(r) G.S. 150B‑21.5 reads as rewritten:
"§ 150B‑21.5. Circumstances when notice and rule‑making hearing not required; circumstances when submission to the Commission not required.
(a) Amendment. An agency is not required to publish a notice of text in the North Carolina Register, hold a public hearing, or submit the amended rule to the Commission for review when it proposes to amend a rule to do one of the following:
(1) Reletter or renumber the rule or subparts of the rule.
(2) Substitute one name for another when an organization or position is renamed.
(3) Correct a citation in the rule to another rule or law when the citation has become inaccurate since the rule was adopted because of the repeal or renumbering of the cited rule or law.
(4) Change information that is readily available to the public, such as an address, email address, a telephone number, or a Web site.
(5) Correct a typographical error.
(6) Repealed by Session Laws 2019‑140, s. 1(a), effective July 19, 2019.
(a1) Response to Commission. An agency is not required to publish a notice of text in the North Carolina Register or hold a public hearing when it proposes to change the rule in response to a request or an objection by the Commission, unless the Commission determines that the change is substantial.
(b) Repeal. An agency is not required to publish a notice of text in the North Carolina Register or hold a public hearing when it proposes to repeal a rule as a result of any of the following:
(1) The law under which the rule was adopted is repealed.
(2) The law under which the rule was adopted or the rule itself is declared unconstitutional.
(3) The rule is declared to be in excess of the agency's statutory authority.
(c) Repealed by Session Laws 2023‑134, s. 21.2(e), effective October 3, 2023 and applicable to rules adopted on or after that date.
(d) North Carolina State
Building Code. The Building Code Council is or Residential Code
Council, as applicable, is not required to publish a notice of text in the
North Carolina Register when it proposes to adopt a rule that concerns the
North Carolina State Building Code. The Building Code Council is or
Residential Code Council, as applicable, is required to publish a notice in
the North Carolina Register when it proposes to adopt a rule that concerns the
North Carolina State Building Code. The notice must include all of the
following:
(1) A statement of the subject matter of the proposed rule making.
(2) A short explanation of the reason for the proposed action.
(3) A citation to the law that gives the agency the authority to adopt a rule on the subject matter of the proposed rule making.
(4) The person to whom questions or written comments may be submitted on the subject matter of the proposed rule making.
The Building Code Council is or
Residential Code Council, as applicable, is required to submit to the
Commission for review a rule for which notice of text is not required under
this subsection. In adopting a rule, the responsible Council shall
comply with the procedural requirements of G.S. 150B‑21.3.
(e) An agency that adopts or amends a rule pursuant to subsection (a) of this section shall notify the Codifier of Rules of its actions. When notified of an agency action taken pursuant to subsection (a) of this section, the Codifier of Rules shall make the appropriate change to the North Carolina Administrative Code."
SECTION 5.2.(s) G.S. 150B‑21.21 reads as rewritten:
"§ 150B‑21.21. Publication of rules of North Carolina State Bar, Building Code Council, Residential Code Council, and exempt agencies.
(a) State Bar. The North Carolina State Bar must submit a rule adopted or approved by it and entered in the minutes of the North Carolina Supreme Court to the Codifier of Rules for inclusion in the North Carolina Administrative Code. The State Bar must submit a rule within 30 days after it is entered in the minutes of the Supreme Court. The Codifier of Rules must compile, make available for public inspection, and publish a rule included in the North Carolina Administrative Code under this subsection in the same manner as other rules in the Code.
(a1) Building Code Council.
and Residential Code Council. The Building Code Council and
Residential Code Council, as applicable, shall publish the North Carolina
State Building Code as provided in G.S. 143‑138(g). The Codifier of
Rules is not required to publish the North Carolina State Building Code in the
North Carolina Administrative Code.
(b) Exempt Agencies. Notwithstanding any other provision of law, an agency that is exempted from this Article by G.S. 150B‑1 or any other statute must submit a temporary or permanent rule adopted by it to the Codifier of Rules for inclusion in the North Carolina Administrative Code. These exempt agencies must submit a rule to the Codifier of Rules within 30 days after adopting the rule.
(c) Publication. A rule submitted to the Codifier of Rules under this section must be in the physical form specified by the Codifier of Rules. The Codifier of Rules must compile, make available for public inspection, and publish a rule submitted under this section in the same manner as other rules in the North Carolina Administrative Code."
SECTION 5.2.(t) G.S. 150B‑38 reads as rewritten:
"§ 150B‑38. Scope; hearing required; notice; venue.
(a) The provisions of this Article shall apply to:
(1) Occupational licensing agencies.
(2) The State Banking Commission, the Commissioner of Banks, and the Credit Union Division of the Department of Commerce.
(3) The Department of Insurance and the Commissioner of Insurance.
(4) The State Chief Information Officer in the administration of the provisions of Article 15 of Chapter 143B of the General Statutes.
(5) The North Carolina State
Building Code Council.Council and Residential Code Council, Article 9
of Chapter 143 of the General Statutes.
(5a) The Office of the State Fire Marshal and the State Fire Marshal.
(6) Repealed by Session Laws 2018‑146, s. 4.4(b), effective December 27, 2018.
(b) Prior to any agency action in a contested case, the agency shall give the parties in the case an opportunity for a hearing without undue delay and notice not less than 15 days before the hearing. Notice to the parties shall include all of the following:
(1) A statement of the date, hour, place, and nature of the hearing.
(2) A reference to the particular sections of the statutes and rules involved.
(3) A short and plain statement of the facts alleged.
(c) Notice shall be given by one of the methods for service of process under G.S. 1A‑1, Rule 4(j) or Rule 4(j3). If given by registered or certified mail, by signature confirmation as provided by the United States Postal Service, or by designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, notice shall be deemed to have been given on the delivery date appearing on the return receipt, copy of proof of delivery provided by the United States Postal Service, or delivery receipt. If notice cannot be given by one of the methods for service of process under G.S. 1A‑1, Rule 4(j) or Rule 4(j3), then notice shall be given in the manner provided in G.S. 1A‑1, Rule 4(j1).
(d) A party that has been served with a notice of hearing may file a written response with the agency. If a written response is filed, a copy of the response shall be mailed to all other parties not less than 10 days before the date set for the hearing.
(e) All hearings conducted under this Article shall be open to the public. A hearing conducted by the agency shall be held in the county where the agency maintains its principal office. A hearing conducted for the agency by an administrative law judge requested under G.S. 150B‑40 shall be held in a county in this State where any person whose property or rights are the subject matter of the hearing resides. If a different venue would promote the ends of justice or better serve the convenience of witnesses, the agency or the administrative law judge may designate another county. A person whose property or rights are the subject matter of the hearing waives an objection to venue by proceeding in the hearing.
(f) Any person may petition to become a party by filing with the agency or hearing officer a motion to intervene in the manner provided by G.S. 1A‑1, Rule 24. In addition, any person interested in a contested case under this Article may intervene and participate to the extent deemed appropriate by the agency hearing officer.
(g) When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending before an agency, the agency may order a joint hearing of any matters at issue in the cases, order the cases consolidated, or make other orders to reduce costs or delay in the proceedings.
(h) Every agency shall adopt rules governing the conduct of hearings that are consistent with the provisions of this Article.
(i) Repealed by Session Laws 2021‑88, s. 16(c), effective July 22, 2021."
SECTION 5.2.(u) This section becomes effective January 1, 2025.
PART VI. SEVERABILITY CLAUSE AND EFFECTIVE DATE
SEVERABILITY CLAUSE
SECTION 6.1. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
EFFECTIVE DATE
SECTION 6.2. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of June, 2024.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
VETO Roy Cooper
Governor
Became law notwithstanding the objections of the Governor at 3:03 p.m. this 11th day of September, 2024.
s/ Mr. James White
House Principal Clerk