H.B. 850
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 24, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10419-STf-45
Short Title: Licensing Board/Contractors & Inspectors. (Public)
Sponsors: Representative Brody.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO LICENSING BOARDS RELATED TO
3 COMMERCIAL AND RESIDENTIAL BUILDINGS.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 143-151.49(b) reads as rewritten:
6 "(b) Education Requirements. – The education program adopted by the Board may not
7 consist of more than 200 hours of instruction. The instruction may include field training,
8 classroom instruction, distance learning, peer review, and any other educational format approved
9 by the Board. The Board may adopt rules regarding course content, approved course offerings,
10 and other criteria for compliance with the education program."
11 SECTION 2. G.S. 143-151.57(a) reads as rewritten:
12 "(a) Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in
13 the following table for administering this Article:
14 Item Maximum Fee
15 Application for home inspector license $35.00
16 Home inspector examinationexamination, in person 80.00
17 Home inspector examination, online 135.00
18 Issuance or renewal of home inspector license 160.00
19 Late renewal of home inspector license 30.00
20 Application for course approval 150.00
21 Renewal of course approval 75.00
22 Course fee, per credit hour per licensee 5.00
23 Credit for unapproved continuing education course 50.00
24 Copies of Board rules or licensure standards Cost of printing
25 and mailing."
26 SECTION 3. G.S. 143-151.13(f) reads as rewritten:
27 "(f) The Board shall issue a standard certificate to any person who passes the examination
28 and is currently licensed to practice as a(n):as any of the following:
29 (1) Architect, registered pursuant to Chapter 83A;83A of the General Statutes.
30 (2) General contractor, licensed pursuant to Article 1 of Chapter 87;87 of the
31 General Statutes.
32 (3) Plumbing or heating contractor, licensed pursuant to Article 2 of Chapter
33 87;87 of the General Statutes.
34 (4) Electrical contractor, licensed pursuant to Article 4 of Chapter 87; or,87 of the
35 General Statutes.
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 General Assembly Of North Carolina Session 2023
1 (5) Professional engineer, registered pursuant to Chapter 89C;89C of the General
2 Statutes.
3 provided the person successfully completes a short course, as prescribed by the Board, relating
4 to the State Building Code regulations and Code-enforcement administration. The standard
5 certificate shall authorize the person to practice as a qualified Code-enforcement official in a
6 particular type of position at the level determined by the Board, based on the type of license or
7 registration held in any profession specified above."
8 SECTION 4. G.S. 143-151.16 is amended by adding a new subsection to read:
9 "(e) The Board shall approve course offerings for all continuing education programs and
10 may charge a fee of up to five hundred dollars ($500.00) per course for review and approval of
11 the continuing education program."
12 SECTION 5. G.S. 143-151.13 is amended by adding a new subsection to read:
13 "(g) Notwithstanding any other subsection of this section, the Board, in conjunction with
14 the Department, may establish a voluntary apprenticeship program for any certificate issued
15 under this section. The voluntary apprenticeship program shall be a combination of course study
16 and work under a certified code enforcement official in that discipline, and the trainee shall be
17 required to pass standard examinations prior to issuance of any certificate. A fee may be charged
18 for participation in the voluntary apprenticeship program, not to exceed the cost of the program."
19 SECTION 6.(a) G.S. 87-7 reads as rewritten:
20 "§ 87-7. Records of Board; disposition of funds.
21 (a) The secretary-treasurer shall keep a record of the proceedings minutes of the said
22 Board meetings and shall receive and account for all moneys derived from the Board's operation
23 of under this Article. Any funds remaining in the hands of the secretary-treasurer to the credit of
24 the Board after the expenses of the Board for the current year have been paid shall be paid over
25 to the Greater University of North Carolina for the use of the School of Engineering through the
26 North Carolina Engineering Foundation. The Board has the right, however, to retain at least ten
27 percent (10%) of the total expense it incurs for a year's operation to meet any emergency that
28 may arise.
29 (b) As an expense of the Board, said the Board is authorized to expend such funds as it
30 as the Board deems necessary to provide retirement health insurance, retirement, and disability
31 compensation for its employees."
32 SECTION 6.(b) G.S. 87-8 reads as rewritten:
33 "§ 87-8. Records; roster of licensed contractors; report to Governor.
34 (a) The secretary-treasurer shall keep a record of the proceedings of the Board and a
35 register of all applicants for license showing for each the applicant all of the following:
36 (1) The date of application, name, qualifications, place application.
37 (2) Name.
38 (3) Qualifications.
39 (4) Place of business, place of residence, and whether business.
40 (5) Whether the license was granted or refused.
41 (b) The books and register of this records of the Board shall be prima facie evidence of
42 all matters recorded therein. A roster showing the names and places of business and of residence
43 of all licensed general contractors shall be prepared by the secretary of the Board during the
44 month of March of each year; the roster shall be printed by the Board out of funds of the Board
45 as provided in G.S. 87-7, with copies being made available to contractors and members of the
46 public, at cost, upon request, or furnished without cost, as directed by the Board. On or before
47 the last day of March of each year the Board shall submit to the Governor a report of its
48 transactions for the preceding year, and shall file with the Secretary of State a copy of the report,
49 together with a complete statement of the receipts and expenditures of the Board, attested by the
50 affidavits of the chairman and the secretary, and a copy of the roster of licensed general
51 contractors."
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1 SECTION 7. G.S. 160D-1110 reads as rewritten:
2 "§ 160D-1110. Building permits.
3 (a) Except as provided in subsection (c) of this section, no person shall commence or
4 proceed with any of the following without first securing all permits required by the State Building
5 Code and any other State or local laws applicable to any of the following activities:
6 (1) The construction, reconstruction, alteration, repair, movement to another site,
7 removal, or demolition of any building or structure.
8 (2) The installation, extension, or general repair of any plumbing system except
9 that in any one- or two-family dwelling unit a permit is not required for the
10 connection of a water heater that is being replaced if (i) the work is performed
11 by a person licensed under G.S. 87-21 who personally examines the work at
12 completion and ensures that a leak test has been performed on the gas piping,
13 and (ii) the energy use rate or thermal input is not greater than that of the water
14 heater that is being replaced, there is no change in fuel, energy source,
15 location, capacity, or routing or sizing of venting and piping, and the
16 replacement is installed in accordance with the current edition of the State
17 Building Code.
18 (3) The installation, extension, alteration, or general repair of any heating or
19 cooling equipment system.
20 (4) The installation, extension, alteration, or general repair of any electrical
21 wiring, devices, appliances, or equipment, except that in any one- or
22 two-family dwelling unit a permit is not required for repair or replacement of
23 electrical lighting fixtures or devices, such as receptacles and lighting
24 switches, or for the connection of an existing branch circuit to an electric water
25 heater that is being replaced if all of the following requirements are met:
26 a. With respect to electric water heaters, the replacement water heater is
27 placed in the same location and is of the same or less capacity and
28 electrical rating as the original.
29 b. With respect to electrical lighting fixtures and devices, the
30 replacement is with a fixture or device having the same voltage and
31 the same or less amperage.
32 c. The work is performed by a person licensed under G.S. 87-43.
33 d. The repair or replacement installation meets the current edition of the
34 State Building Code, including the State Electrical Code.
35 (a1) However, Notwithstanding subsection (a) of this section, a building permit is not
36 required for the installation, maintenance, or replacement of any load control device or equipment
37 by an electric power supplier, as defined in G.S. 62-133.8, or an electrical contractor contracted
38 by the electric power supplier, so long as the work is subject to supervision by an electrical
39 contractor licensed under Article 4 of Chapter 87 of the General Statutes. The electric power
40 supplier shall provide such installation, maintenance, or replacement in accordance with (i) an
41 either of the following:
42 (1) An activity or program ordered, authorized, or approved by the North Carolina
43 Utilities Commission pursuant to G.S. 62-133.8 or G.S. 62-133.9 or (ii) a
44 G.S. 62-133.9.
45 (2) A similar program undertaken by a municipal electric service provider,
46 whether the installation, modification, or replacement is made before or after
47 the point of delivery of electric service to the customer. The exemption under
48 this subsection applies to all existing installations.
49 (b) A building permit shall be in writing and shall contain a provision that the work done
50 shall comply with the North Carolina State Building Code and all other applicable State and local
51 laws. Nothing in this section requires a local government to review and approve residential
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1 building plans submitted to the local government pursuant to the North Carolina Residential
2 Code, provided that the local government may review and approve the residential building plans
3 as it deems necessary. If a local government chooses to review residential building plans for any
4 structures subject to regulation under the North Carolina Residential Code for One- and
5 Two-Family Dwellings, all initial reviews for the building permit must be performed within 15
6 business days of submission of the plans. A local government shall not require residential
7 building plans for one- and two-family dwellings to be sealed by a licensed engineer or licensed
8 architect unless required by the North Carolina State Building Code. No building permits shall
9 be issued unless the plans and specifications are identified by the name and address of the author
10 thereof, and, if the General Statutes of North Carolina require that plans for certain types of work
11 be prepared only by a licensed architect or licensed engineer, no building permit shall be issued
12 unless the plans and specifications bear the North Carolina seal of a licensed architect or of a
13 licensed engineer. When any provision of the General Statutes of North Carolina or of any
14 ordinance or development or zoning regulation requires that work be done by a licensed specialty
15 contractor of any kind, no building permit for the work shall be issued unless the work is to be
16 performed by such a duly licensed contractor.
17 (c) No permit issued under Article 9 or 9C of Chapter 143 of the General Statutes is
18 required for any construction, installation, repair, replacement, or alteration performed in
19 accordance with the current edition of the North Carolina State Building Code costing twenty
20 thousand dollars ($20,000) or less in any single-family residence, farm building, or commercial
21 building unless the work involves any of the following:
22 (1) The addition, repair, or replacement of load-bearing structures. However, no
23 permit is required for replacement of windows, doors, exterior siding, or the
24 pickets, railings, stair treads, and decking of porches and exterior decks that
25 otherwise meet the requirements of this subsection.
26 (2) The addition or change in the design of plumbing. However, no permit is
27 required for replacements otherwise meeting the requirements of this
28 subsection that do not change size or capacity.
29 (3) The addition, replacement, or change in the design of heating,
30 air-conditioning, or electrical wiring, devices, appliances, or equipment, other
31 than like-kind replacement of electrical devices and lighting fixtures.
32 (4) The use of materials not permitted by the North Carolina State Building Code.
33 (5) The addition (excluding replacement) of roofing.
34 (6) Any changes to which the North Carolina Fire Prevention Code applies.
35 (d) A local government shall not require more than one building permit for the complete
36 installation or replacement of any natural gas, propane gas, or electrical appliance on an existing
37 structure when the installation or replacement is performed by a person licensed under G.S. 87-21
38 or G.S. 87-43. The cost of the building permit for such work shall not exceed the cost of any one
39 individual trade permit issued by that local government, nor shall the local government increase
40 the costs of any fees to offset the loss of revenue caused by this provision.
41 (e) No building permit shall be issued pursuant to subsection (a) of this section for any
42 land-disturbing activity, as defined in G.S. 113A-52(6), or for any activity covered by
43 G.S. 113A-57, unless an erosion and sedimentation control plan for the site of the activity or a
44 tract of land including the site of the activity has been approved under the Sedimentation
45 Pollution Control Act.
46 (f) No building permit shall be issued pursuant to subsection (a) of this section for any
47 land-disturbing activity that is subject to, but does not comply with, the requirements of
48 G.S. 113A-71.
49 (g) No building permit shall be issued pursuant to subdivision (1) of subsection (a) of this
50 section where the cost of the work is thirty thousand dollars ($30,000) or more, other than for
51 improvements to an existing single-family residential dwelling unit as defined in G.S. 87-15.5(7)
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1 that the owner occupies as a residence, or for the addition of an accessory building or accessory
2 structure as defined in the North Carolina Uniform Residential Building Code, the use of which
3 is incidental to that residential dwelling unit, unless the name, physical and mailing address,
4 telephone number, facsimile number, and electronic mail address of the lien agent designated by
5 the owner pursuant to G.S. 44A-11.1(a) is conspicuously set fo