H.B. 488
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 27, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10232-BGf-3
Short Title: Code Council Reorg. and Var. Code Amend. (Public)
Sponsors: Representative Brody.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND CREATE THE
3 RESIDENTIAL CODE COUNCIL AND TO AMEND VARIOUS PROVISIONS OF THE
4 NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT
5 REGULATIONS.
6 The General Assembly of North Carolina enacts:
7
8 BUILDING CODE COUNCIL REORGANIZATION, CREATION OF THE
9 RESIDENTIAL CODE COUNCIL, AND CLARIFY STATUTORY REFERENCES TO
10 THE NORTH CAROLINA STATE BUILDING CODE
11 SECTION 1.(a) Article 9 of Chapter 143 of the General Statutes reads as rewritten:
12 "Article 9.
13 "Building Code Council Council, Residential Code Council, and North Carolina State Building
14 Code.
15 "§ 143-136. Building Code Council created; membership, committees.
16 …
17 (d) Building Code Committee Created; Duties. – Within the Building Code Council, there
18 is hereby created a Building Code Committee for all structures except those subject to the North
19 Carolina State Residential Building Code: Residential Code for One- and Two-Family
20 Dwellings. Code. The committee shall be composed of the following nine members of the
21 Building Code Council:
22 (1) One of the licensed architects appointed by the chairman of the Building Code
23 Council.
24 (2) The licensed engineer practicing mechanical engineering.
25 (3) The licensed engineer practicing electrical engineering.
26 (4) The licensed engineer practicing structural engineering.
27 (5) The municipal elected official.
28 (6) The fire service representative.
29 (7) The municipal or county building inspector.
30 (8) The State agency engineer.
31 (9) The licensed general contractor.
32 The chairman of the Building Code Council shall call the first meeting of the Committee, at
33 which meeting the Committee shall elect a chairman from among the members of the Committee
34 as the first order of business. Thereafter, the Committee shall meet upon the call of the chairman
35 to review any proposal for revision or amendment to the North Carolina State Building Code,
36 including provisions applicable to the North Carolina Energy Conservation Code, the North
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 General Assembly Of North Carolina Session 2023
1 Carolina Electrical Code, the North Carolina Fuel Gas Code, the North Carolina Plumbing Code,
2 the North Carolina Mechanical Code, the North Carolina Existing Building Code, and any other
3 code applicable to commercial or multi-family construction, and no revision or amendment to
4 any of these codes applicable to commercial or multi-family construction may be considered by
5 the Building Code Council unless recommended by this committee. This committee shall also
6 oversee the process by which the Council conducts its revision of the codes applicable to
7 commercial or multi-family construction pursuant to G.S. 143-138(d). This committee shall also
8 consider any appeal or interpretation arising under G.S. 143-141 pertaining to codes applicable
9 to commercial or multi-family construction and make a recommendation to the Building Code
10 Council for disposition of the appeal or interpretation. In considering the recommendations of
11 the committee related to revisions and amendments of the Building Code, nothing in this
12 subsection shall prevent the Building Code Council from accepting, rejecting, or amending the
13 recommendation, provided that any amendment to the recommendation must be germane.
14 "§ 143-136.1. Residential Code Council created; membership.
15 (a) Creation; Membership. – There is hereby created a Residential Code Council, which
16 consists of 13 members appointed as follows:
17 (1) One member appointed by the General Assembly upon the recommendation
18 of the Speaker of the House of Representatives who shall hold an unlimited
19 residential contractor license under Chapter 87 of the General Statutes.
20 (2) One member appointed by the General Assembly upon the recommendation
21 of the President Pro Tempore of the Senate who shall hold an intermediate
22 residential contractor license under Chapter 87 of the General Statutes.
23 (3) One member appointed by the General Assembly upon the recommendation
24 of the Speaker of the House of Representatives who shall hold a plumbing
25 contractor license under Chapter 87 of the General Statutes and specializes in
26 residential construction.
27 (4) One member appointed by the General Assembly upon the recommendation
28 of the President Pro Tempore of the Senate who shall hold a heating contractor
29 license under Chapter 87 of the General Statutes and specializes in residential
30 construction.
31 (5) One member appointed by the General Assembly upon the recommendation
32 of the Speaker of the House of Representatives who shall hold an unlimited
33 general contractor license under Chapter 87 of the General Statutes and
34 specializes in coastal construction.
35 (6) One member appointed by the General Assembly upon the recommendation
36 of the President Pro Tempore of the Senate who shall hold a limited residential
37 contractor license under Chapter 87 of the General Statutes.
38 (7) One member appointed by the Governor subject to confirmation in accordance
39 with Section 5(8) of Article III of the North Carolina Constitution, who shall
40 hold an electrical contractor license under Chapter 87 of the General Statutes.
41 (8) One member appointed by the Governor subject to confirmation in accordance
42 with Section 5(8) of Article III of the North Carolina Constitution, who shall
43 be a licensed professional engineer under Chapter 89C of the General Statutes
44 and specializes in residential construction.
45 (9) One member appointed by the Governor subject to confirmation in accordance
46 with Section 5(8) of Article III of the North Carolina Constitution, who shall
47 be a Level I or Level II Code-enforcement official employed by a municipality
48 or county.
49 (10) One member appointed by the Governor subject to confirmation in accordance
50 with Section 5(8) of Article III of the North Carolina Constitution, who shall
51 be a member of the public-at-large.
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1 (11) One member appointed by the Governor subject to confirmation in accordance
2 with Section 5(8) of Article III of the North Carolina Constitution, who shall
3 be a licensed architect under Chapter 83A of the General Statutes and
4 specializes in residential construction or a licensed professional engineer
5 under Chapter 89C of the General Statutes and specializes in residential
6 construction.
7 (12) One member appointed by the Governor subject to confirmation in accordance
8 with Section 5(8) of Article III of the North Carolina Constitution, who shall
9 be a fire service representative.
10 (13) One member appointed by the Governor subject to confirmation in accordance
11 with Section 5(8) of Article III of the North Carolina Constitution, who shall
12 hold a general contractor license under Chapter 87 of the General Statutes and
13 specializes in residential foundations or concrete placement.
14 (b) Terms; Vacancies; Chair. – Of the members initially appointed by the General
15 Assembly upon the recommendation of the Speaker of the House of Representatives, one shall
16 serve for a term of two years, one shall serve for a term of four years, and one shall serve for a
17 term of six years. Of the members initially appointed by the General Assembly upon the
18 recommendation of the President Pro Tempore of the Senate, one shall serve for a term of two
19 years, one shall serve for a term of four years, and one shall serve for a term of six years. Of the
20 members initially appointed by the Governor, one shall serve for a term of two years, one shall
21 serve for a term of four years, and two shall serve for a term of six years. Thereafter, all
22 appointments shall be for terms of six years. Appointments by the General Assembly shall be
23 made in accordance with G.S. 120-121, and vacancies in those appointments shall be filled in
24 accordance with G.S. 120-122. Vacancies in appointments made by the Governor shall be filled
25 by the Governor subject to confirmation in accordance with Section 5(8) of Article III of the
26 North Carolina Constitution. The Governor shall designate one member of the Council as chair.
27 (c) Compensation. – Members of the Residential Code Council, other than any who are
28 employees of the State, shall receive seven dollars ($7.00) per day, including necessary time
29 spent in traveling to and from their place of residence within the State to any place of meeting or
30 while traveling on official business of the Council. In addition, all members shall receive mileage
31 and subsistence according to State practice while going to and from any place of meeting, or
32 when on official business of the Council.
33 (d) Duties. – The Residential Code Council shall review and consider any proposal for
34 revision or amendment to the North Carolina Residential Code, including applicable provisions
35 from the North Carolina Energy Conservation Code, North Carolina Electrical Code, North
36 Carolina Fuel Gas Code, North Carolina Plumbing Code, North Carolina Mechanical Code,
37 North Carolina Existing Building Code, and any other code applicable to residential construction.
38 This Council shall also consider any appeal or interpretation arising under G.S. 143-141
39 pertaining to the North Carolina Residential Code and make disposition of the appeal or issue an
40 interpretation.
41 …
42 "§ 143-137.1. Organization of Residential Code Council; rules; meetings; staff; fiscal
43 affairs; quorum.
44 (a) First Meeting; Organization; Rules. – Within 30 days after its appointment, the
45 Residential Code Council shall meet on call of the Commissioner of Insurance. The Council shall
46 adopt rules it may deem necessary for the proper discharge of its duties. The chair may establish
47 and appoint members to any committees the work of the Council may require. In addition, the
48 chair may establish and appoint an ad hoc code revision committee to consider and prepare
49 revisions and amendments to the North Carolina Residential Code. The ad hoc committee shall
50 consist of members of the Council, licensed contractors, and design professionals most affected
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1 by the North Carolina Residential Code, and members of the public. Committees shall meet upon
2 the call of their respective chairs and shall report their recommendations to the Council.
3 (b) Meetings. – The Residential Code Council shall meet regularly, at least once every
4 six months, at places and dates to be determined by the Council. Special meetings may be called
5 by the chair and must be called by the chair at the request of two or more members of the Council.
6 All members shall be notified by the chair in writing of the time and place of regular and special
7 meetings at least seven days in advance of such meeting. All meetings shall be open to the public.
8 (c) Staff. – Personnel of the Division of Engineering of the Department of Insurance shall
9 serve as a staff for the Residential Code Council. This staff shall have the following duties:
10 (1) Keeping an accurate and complete record of all meetings, hearings,
11 correspondence, laboratory studies, and technical work performed by or for
12 the Council, and making these records available for public inspection at all
13 reasonable times.
14 (2) Handling correspondence for the Council.
15 (d) Fiscal Affairs of the Council. – All funds for the operations of the Residential Code
16 Council and its staff shall be appropriated to the Department of Insurance for the use of the
17 Council. These funds shall be held in a separate or special account on the books of the Department
18 of Insurance, with a separate financial designation or code number to be assigned by the
19 Department of Administration or its agent. Expenditures for staff salaries and operating expenses
20 shall be made in the same manner as the expenditure of any other Department of Insurance funds.
21 The Department of Insurance may hire any additional personnel necessary to handle the work of
22 the Council, within the limits of funds appropriated for the Council and with the approval of the
23 Council.
24 (e) Quorum; Voting; No Proxy Vote. – Nine members shall constitute a quorum for the
25 transaction of business and an affirmative vote of nine members present shall be necessary to
26 approve any action of the Council, including any amendment or revision to the North Carolina
27 Residential Code. No member may vote by proxy.
28 "§ 143-138. North Carolina State Building Code.
29 (a) Preparation and Adoption. – The Building Code Council and Residential Code
30 Council may prepare and adopt, in accordance with the provisions of this Article, a North
31 Carolina State Building Code. Before the adoption of any volume of the Code, or any part of the
32 Code, the responsible Council shall hold at least one public hearing. A notice of the public
33 hearing shall be published in the North Carolina Register at least 15 days before the date of the
34 hearing. Notwithstanding G.S. 150B-2(8a)h., any volume, or any part, of the North Carolina
35 State Building Code as adopted by the Building Code Council or Residential Code Council is a
36 rule within the meaning of G.S. 150B-2(8a) and shall be adopted in accordance with the
37 procedural requirements of Article 2A of Chapter 150B of the General Statutes. For the purposes
38 of this Article, "North Carolina State Building Code" or "Code" shall collectively refer to all
39 Code volumes, as revised or amended, prepared and adopted by the Building Code Council or
40 Residential Code Council pursuant to this Article, including the following Code volumes:
41 (1) North Carolina Administrative Code and Policies.
42 (2) North Carolina Building Code.
43 (3) North Carolina Electrical Code.
44 (4) North Carolina Energy Conservation Code.
45 (5) North Carolina Existing Building Code.
46 (6) North Carolina Fire Code.
47 (7) North Carolina Fuel Gas Code.
48 (8) North Carolina Mechanical Code.
49 (9) North Carolina Plumbing Code.
50 (10) North Carolina Residential Code.
51 (a1) Additional Adoption Requirements. –
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1 (1) The Building Code Council or Residential Code Council shall request the
2 Office of State Budget and Management to prepare a fiscal note for a proposed
3 Code change that has a substantial economic impact, as defined in
4 G.S. 150B-21.4(b1), or that increases the cost of residential housing by eighty
5 dollars ($80.00) or more per housing unit. The change can become effective
6 only in accordance with G.S. 143-138(d). Neither the Department of
7 Insurance nor the Council Councils shall be required to expend any monies to
8 pay for the preparation of any fiscal note under this section by any person
9 outside of the Department or Council Councils unless the Department or
10 Council contracts Councils contract with a third-party vendor to prepare the
11 fiscal note.
12 (2) The responsible Council shall conduct a cost-benefit analysis for all proposed
13