SESSION LAW 2021-183
SENATE BILL 308
AN ACT TO PREVENT DELAY IN THE ISSUANCE OF TEMPORARY CERTIFICATES OF OCCUPANCY, TO CLARIFY electric wiring REQUIREMENT REFERENCES, and TO modify one‑ or two‑family dwelling RESIDENTIAL development fire apparatus access road requirements.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 160D‑1104(d), as amended by Section 12.5(b) of S.L. 2021‑117 and Section 4(a) of S.L. 2021‑121, reads as rewritten:
"(d) Except as provided
in G.S. 160D‑1117 and G.S. 160D‑1207, a local government
may not adopt or enforce a local ordinance or resolution or any other policy
that requires regular, routine inspections of buildings or structures
constructed in compliance with the North Carolina Residential Code for One‑
and Two‑Family Dwellings in addition to the specific inspections required
by the North Carolina Building Code without first obtaining approval from the
North Carolina Building Code Council. The North Carolina Building Code Council
shall review all applications for additional inspections requested by a local
government and shall, in a reasonable manner, approve or disapprove the
additional inspections. This subsection does not limit the authority of the
local government to require inspections upon unforeseen or unique circumstances
that require immediate action. In performing the specific inspections required
by the North Carolina Residential 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 is incomplete or otherwise fails to meet
the requirements of the North Carolina Residential Code for One‑ and Two‑Family
Dwellings or the North Carolina Building Code. When a subsequent inspection is
conducted to verify completion or correction of instances of Code
noncompliance, any additional violations of the Code noted by the inspector on
items already approved by the inspections department
may shall not delay
the issuance of a temporary certificate of occupancy, but and the
inspections department shall not charge a fee for reinspection of those
SECTION 1.(b) This section becomes effective January 1, 2022, and applies to inspections associated with permits applied for on or after that date.
SECTION 2. G.S. 143‑143.2 reads as rewritten:
(a) The electric wiring of houses or buildings for
lighting or for other purposes shall conform to the requirements of the State
Code, which includes the National Electric Code and any amendments
and supplements thereto as adopted and approved by the State Building Code
Council, Code and any other applicable State and local laws.
(b) In order to protect the property of citizens from
the dangers incident to defective electric wiring of buildings, it shall be
unlawful for any firm or corporation to allow any electric current for use in
any newly erected building to be turned on without first having had an inspection
made of the wiring by the appropriate official electrical inspector or
inspection department and having received from that inspector or department a
certificate approving the wiring of such building. It shall be unlawful for any
person, firm, or corporation engaged in the business of selling electricity to
furnish initially any electric current for use in any building, unless said
building shall have first been inspected by the appropriate official electrical
inspector or inspection department and a certificate given as
provided. required by this subsection.
(c) In the event that there is no legally appointed
inspector or inspection department with jurisdiction over the property
the two preceding sentences subsections (a) and (b) of this
section shall have no force or effect.
(d) As used in this section, "building" includes any structure."
SECTION 3.(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 3.(b) Code Amendment. – Until the effective date of the Code amendment that the Council is required to adopt pursuant to this section, the Council, Code enforcement official, or fire code official enforcing the Code shall follow the provisions of subsection (c) of this section as it relates to Sections D107.1 and D107.2 of the 2018 North Carolina Fire Code and other provisions that relate to the fire apparatus access roads for one‑ or two‑family dwelling residential developments.
SECTION 3.(c) Implementation. – Notwithstanding any provision of the Code or law to the contrary, in a one‑ or two‑family dwelling residential development where two fire apparatus access roads are required, the Council, Code enforcement official, or fire code official shall not require that fire apparatus access roads are placed a distance apart equal to not less than one‑half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses, where conformance is technically infeasible, as determined by the property owner or developer. Reasons that conformance is technically infeasible may include road connectivity limitations, real property dimensions or limitations, real property acquisition constraints, or environmental constraints. For developments where compliance is technically infeasible, the Council, Code enforcement official, or fire code official shall either not require two fire apparatus access roads or allow for alterations that provide for fire apparatus access road remoteness to the maximum extent technically feasible.
SECTION 3.(d) Additional Rulemaking Authority. – The Council shall adopt a rule to amend Sections D107.1 and D107.2 of the 2018 North Carolina Fire Code consistent with subsection (c) of this section. Notwithstanding G.S. 143‑136(c), the Residential Code Committee within the Council shall consider the amendment required by 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 3.(e) Sunset. – This section expires on the date that rules adopted pursuant to subsection (d) of this section become effective.
SECTION 4. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 17th day of November, 2021.
s/ Mark Robinson
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Approved 10:20 a.m. this 23rd day of November, 2021