North Carolina § 143-136 - Building Code Council created; membership, committees.

§ 143-136. Building Code Council created; membership, committees.

Creation; Membership; Terms. - There is hereby created a Building Code Council, which shall be composed of 17 members appointed by the Governor, consisting of the following: Two licensed architects. One licensed general contractor. One licensed general contractor specializing in residential construction. One licensed general contractor specializing in coastal residential construction. One licensed engineer practicing structural engineering. One licensed engineer practicing mechanical engineering. One licensed engineer practicing electrical engineering. One licensed plumbing and heating contractor. One municipal or county building inspector. One 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. One representative of the public who is not a member of the building construction industry. One licensed electrical contractor. One licensed engineer on the engineering staff of a State agency charged with approval of plans of State-owned buildings. One municipal elected official or city manager. One county commissioner or county manager. One active member of the North Carolina fire service with expertise in fire safety, as recommended by the North Carolina State Firefighters' Association. 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. Residential Code Committee Created; Duties. - Within the Building Code Council, there is hereby created a Residential Code for One- and Two-Family Dwellings Committee composed of seven members of the Building Code Council, specifically the licensed general contractor specializing in residential construction who shall serve as chairman of this committee; the licensed general contractor specializing in coastal residential construction; the licensed engineer practicing structural engineering; the licensed plumbing and heating contractor; the fire service representative; the municipal or county building inspector; and the licensed electrical contractor. This committee shall meet upon the call of its chairman to review any proposal for revision or amendment to the North Carolina State Building Code: Residential Code for One- and Two-Family Dwellings, including provisions applicable to One- and Two-Family Dwellings from the NC Energy Code, NC Electrical Code, NC Fuel Gas Code, NC Plumbing Code, the NC Mechanical Code, the NC Existing Building Code, and any other code applicable to residential construction, and no revision or amendment to any of these codes applicable to residential construction may be considered by the Building Code Council unless recommended by this committee. This committee shall also oversee the process by which the Council conducts its revision pursuant to G.S. 143-138(d). This committee shall also consider any appeal or interpretation arising under G.S. 143-141 pertaining to North Carolina State Building Code: Residential Code for One- and Two-Family Dwellings and make a recommendation to the Building Code Council for disposition of the appeal or 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. 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 State Building Code: Residential Code for One- and Two-Family Dwellings. The committee shall be composed of the following nine members of the Building Code Council: One of the licensed architects appointed by the chairman of the Building Code Council. The licensed engineer practicing mechanical engineering. The licensed engineer practicing electrical engineering. The licensed engineer practicing structural engineering. The municipal elected official. The fire service representative. The municipal or county building inspector. The State agency engineer. The licensed general contractor. 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. Of the members initially appointed by the Governor, three shall serve for terms of two years each, three shall serve for terms of four years each, and three 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 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 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 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. 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 shall meet upon the call of the chairman to review any proposal for revision or amendment to the North Carolina State Building Code, including provisions applicable to the North Carolina Energy 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, 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 shall also oversee the process by which the Council conducts its revision of the codes applicable to commercial or multi-family construction pursuant to G.S. 143-138(d) . This committee shall also consider any appeal or interpretation arising under G.S. 143-141 pertaining to codes applicable to commercial or multi-family construction and make a recommendation to the Building Code Council for disposition of the appeal or 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. History (1957, c. 1138; 1965, c. 1145; 1969, c. 1229, s. 1; 1971, c. 323; 1979, c. 863; 1989, c. 25, s. 3; 1991 (Reg. Sess., 1992), c. 895, s. 2; 1998-57, s. 1; 2015-145, s. 5.1; 2016-51, s. 6; 2017-130, s. 5.) Local Modification. - (As to Article 9) Forsyth: 2013-250, s. 1 (expiring June 30, 2018); (As to Article 9) city of Winston-Salem: 2013-250, s. 1 (expiring June 30, 2018); Town of Nags Head: 1998-13, s. 1; town of Wrightsville Beach: 1989, c. 611, s. 1, as amended by 2005-265, s. 1. State Government Reorganization. - The Building Code Council was transferred to the Department of Insurance by G.S. 143A-78 , enacted by Session Laws 1971, c. 864. Editor's Note. - Session Laws 1989, c. 25, s. 4 provides: "All statutory authority, powers, and duties, including rule making and the rendering of findings, orders, and adjudications, of the Department of Agriculture pertaining to the regulation of the design, construction, location, installation, or operation of equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuel purposes, from the outlet of the first stage pressure regulator to and including each liquefied petroleum gas utilization device within a building or structure covered by the North Carolina Building Code are transferred to the Building Code Council. "Until the Building Code Council adopts rules regarding the entry of liquefied petroleum gas service piping into a building, 2 NCAC 38.0701(2) shall remain in effect." For provisions of the Permit Extension Act of 2009, Session Laws 2009-406, as amended by Session Laws 2009-484, s. 5.1, Session Laws 2009-550, s. 5.2, Session Laws 2009-572, ss. 1-3, and Session Laws 2010-177, s. 1, see the notes under G.S. 153A-344.1 and G.S. 160A-385.1. Session Laws 2013-77, s. 1, provides: "Definitions. - As used in this act, 'Council' means the Building Code Council, 'Code' means the 2012 NC Building Code, and 'Homeless Shelter Provision' means the requirement set forth in Section 424.1.1 of the North Carolina Building Code requiring that homeless occupants of a temporary overflow shelter for the homeless be over the age of 18." Session Laws 2013-77, s. 2, provides: "New Code amendment. - Until the effective date of the Code amendment that the Council is required to adopt pursuant to Section 4 of this act, the Council and local governments enforcing the Code shall implement Section 424.1.1, as provided in Section 3 of this act." Session Laws 2013-77, s. 3, provides: "Implementation. - Notwithstanding any provision of the Code to the contrary, temporary overflow emergency shelters for the homeless may house occupants under the age of 18 when the shelter meets the following requirements: "(1) The shelter is intended to serve homeless families that include children under 18 and their parents or other legal guardians. "(2) The temporary shelter consists of a group of churches or other nonprofit religious entities that have agreed to host the shelter occupants on the premises of each church or religious entity on a rotating basis. "(3) The shelter is equipped with smoke detectors meeting applicable Code provisions for such devices in all sleeping areas." Session Laws 2013-77, s. 4, provides: "Additional rule-making authority. - Notwithstanding G.S. 150B-19(4) , the Commission shall adopt amendments to the Homeless Shelter Provision to be substantively identical to the provisions of Section 3 of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . 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 by G.S. 150B-21.3(b2) ." Session Laws 2013-77, s. 5, provides: "Sunset. - Section 3 of this act expires on the date that rules adopted pursuant to Section 4 of this act become effective." Session Laws 2014-120, s. 13(a)-(c), provides: "(a) Notwithstanding Section 1109.14 of the 2012 NC State Building Code (Building Code), swimming pools shall be required to be accessible only to the extent required by the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and federal rules and regulations adopted pursuant to that Act. "(b) The Building Code Council shall adopt a rule to amend Section 1109.14 of the 2012 NC State Building Code (Building Code) consistent with Section 13(a) of this act. "(c) Section 13(a) of this act expires on the date that the rule adopted pursuant to Section 13(b) of this act becomes effective." Session Laws 2015-19, ss. 1-5, provides: "1. Definitions. - As used in this act, "Council" means the Building Code Council, "Code" means the current North Carolina Building Code as adopted by the Council, and "open air camp cabin" means a single-story structure that (i) has three walls consisting of at least twenty percent (20%) screened openings no more than 44 inches above the floor; (ii) has no heating or cooling system; (iii) is occupied for no more than 150 days within any rolling 365-day time span; and (iv) accommodates 36 or fewer persons. "2. New Code amendment. - Until the effective date of the Code amendment that the Council is required to adopt pursuant to Section 4 of this act, the Council and local governments enforcing the Code shall follow the provisions of Section 3 of this act with respect to open air camp cabins. "3. Implementation. - Notwithstanding any provision of the Code to the contrary, the Council shall not enforce any requirements more stringent than the following for open air camp cabins: "(1) The open air camp cabin shall have at least two remote unimpeded exits, but lighted exit signs shall not be required. "(2) The open air camp cabin shall not be required to have plumbing or electrical systems, but if the cabin has these systems, then the provisions of the Code otherwise applicable to those systems shall apply. "(3) Smoke detectors and handheld fire extinguishers may be required as otherwise provided in the Code, but no requirement for a sprinkler system shall be imposed. "4. Rule-making authority. - Notwithstanding G.S. 150B-19(4) , the Commission shall adopt rules establishing a new residential occupancy category under Section 310 of the Code for open air camp cabins that are substantively identical to the provisions of Section 3 of this act. "5. Sunset. - Section 3 of this act expires on the date that rules adopted pursuant to Section 4 of this act become effective." Session Laws 2015-145, s. 2, provides: "The North Carolina Building Code Council shall study procedures and policies for the approval of alternative materials, designs, or methods. The study shall include review of the following elements: "(1) The alternate methods application process, including requirements for initial application submittal, supporting information, and site-specific or project-specific application submittals. "(2) Time lines for the application process, including application submittal, Council review, and final approval or denial of applications, including the feasibility of a requirement that final determinations be rendered on a completed application within 30 days of the date an application is determined to be complete. "(3) Procedures for appeal of applications denied by the Council. "In conducting the study, the Council may utilize support services provided by staff from the Engineering Division of the Department of Insurance. The Council shall report its findings and recommendations, including any proposed legislative changes, to the 2016 Regular Session of the 2015 General Assembly when it convenes." Session Laws 2016-113, s. 17(b), effective October 1, 2016, provides: "The Building Code Council shall amend the State Electrical Code and the State Plumbing Code consistent with this section." Session Laws 2016-113, s. 17(a) amended G.S. 87-97 . Session Laws 2016-113, s. 19(a), is a severability clause. Effect of Amendments. - Session Laws 2015-145, s. 5.1, effective October 1, 2015, rewrote subsection (a); and added subsections (c) and (d). Session Laws 2016-51, s. 6, effective July 1, 2016, substituted "North Carolina State Firefighters' Association" for "North Carolina State Firemen's Association" in subdivision (a)(16). Session Laws 2017-130, s. 5, effective October 1, 2017, inserted "and any other code applicable to residential construction," in the second sentence of subsection (c); inserted "and any other code applicable to commercial or multi-family construction," in the second sentence of the last paragraph in subsection (d); and made stylistic changes.