H.B. 893
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 25, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40429-BDf-3
Short Title: Private Commercial Building Inspection. (Public)
Sponsors: Representative Brody.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AUTHORIZE INSPECTIONS BY PRIVATE INSPECTORS OF COMMERCIAL
3 BUILDINGS AND STRUCTURES FOR COMPLIANCE WITH THE NORTH
4 CAROLINA STATE BUILDING CODE.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) G.S. 143-151.8(a) reads as rewritten:
7 "§ 143-151.8. Definitions.
8 (a) As used in this Article, unless the context otherwise requires:
9 …
10 (4a) Private commercial inspection. – An inspection by a private commercial
11 inspector of the manner of construction, workmanship, and materials for the
12 construction of commercial buildings and structures, including their
13 components and elements, for compliance with the North Carolina State
14 Building Code, except those sections of the Code which pertain to boilers and
15 elevators which the State Department of Labor engages in the administration
16 and enforcement of those sections.
17 (4b) Private commercial inspector. – A person qualified through certification and
18 registration pursuant to this Article to engage in the practice of private
19 commercial inspections, whether as an individual, firm, corporation, or other
20 legal entity.
21 …."
22 SECTION 1.(b) G.S. 143-151.12 reads as rewritten:
23 "§ 143-151.12. Powers.
24 In addition to powers conferred upon the Board elsewhere in this Article, the Board has the
25 power to do the following:
26 (1) Adopt rules necessary to administer this Article.
27 (1a) Require State agencies, local inspection departments, and local governing
28 bodies to submit reports and information about the employment, education,
29 and training of Code-enforcement officials.
30 (2) Establish minimum standards for employment as a Code-enforcement official:
31 (i) in probationary or temporary status, and (ii) in permanent positions.
32 (3) Certify persons as being qualified under the provisions of this Article to be
33 Code-enforcement officials, including persons employed by a federally
34 recognized Indian Tribe to perform inspections on tribal lands.
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1 (3a) Certify and register persons as being qualified under the provisions of this
2 Article to be private commercial inspectors for the purposes of conducting
3 private commercial inspections.
4 (4) Consult and cooperate with counties, municipalities, agencies of this State,
5 other governmental agencies, and with universities, colleges, junior colleges,
6 community colleges and other institutions concerning the development of
7 Code-enforcement training or private commercial inspector schools and
8 programs or courses of instruction.
9 (5) Establish minimum standards and levels of education or equivalent experience
10 for all Code-enforcement or private commercial inspector instructors, teachers
11 or professors.
12 (5a) Ensure that the minimum standards for and education of private commercial
13 inspectors include specific instruction on the duties and responsibilities
14 imposed by law on a private commercial inspector.
15 (6) Conduct and encourage research by public and private agencies that shall be
16 designed to improve education and training in the administration of Code
17 enforcement.enforcement or private commercial inspection.
18 (7) Adopt and amend bylaws, consistent with law, for its internal management
19 and control; appoint advisory committees as necessary; and enter into
20 contracts and do other things as necessary and incidental to the exercise of its
21 authority pursuant to this Article.
22 (8) Make recommendations concerning any matters within its purview pursuant
23 to this Article.
24 (9) Establish within the Department of Insurance a marketplace pool of qualified
25 Code-enforcement officials available for the following purposes:
26 a. When requested by the Insurance Commissioner, to assist in the
27 discharge of the Commissioner's duty under G.S. 143-139 to
28 supervise, administer, and enforce the North Carolina State Building
29 Code.
30 b. When requested by local inspection departments, to assist in Code
31 enforcement.
32 (10) Establish criteria to be used by the Department of Insurance to verify that
33 private commercial inspectors meet the standards required for private
34 commercial inspections."
35 SECTION 1.(c) G.S. 143-151.14 reads as rewritten:
36 "§ 143-151.14. Comity.
37 …
38 (a1) The Board may, without requiring an examination, grant a standard private
39 commercial inspector certificate as a qualified private commercial inspector for a particular type
40 of position and level to any person who, at the time of application, is certified as the equivalent
41 of a private commercial inspector, in good standing by a similar board of another state, district,
42 or territory where standards are acceptable to the Board and not lower than those required by this
43 Article for a similar type of position and level in this State.
44 …
45 (b1) The Board may, without requiring an examination, grant a standard private
46 commercial inspector certificate as a qualified private commercial inspector for a particular type
47 of position and level to any person who, at the time of application, is certified as the equivalent
48 of a private commercial inspector, in good standing by the International Code Council where
49 standards and examination are acceptable to the Board and not lower than those required by this
50 Article for a type of position and level in this State.
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1 (c) The certificates granted under subsections (a) and (b) (a), (a1), (b), and (b1) of this
2 section shall expire after three years unless within that time period the holder completes a short
3 course, as prescribed by the Board, relating to the State Building Code regulations and
4 Code-enforcement administration.
5 …."
6 SECTION 1.(d) Article 9C of Chapter 143 of the General Statutes is amended by
7 adding a new section to read:
8 "§ 143-151.14A. Required standards and certificates for private commercial inspectors.
9 (a) No person shall engage in private commercial inspection under this Article unless that
10 person possesses a standard private commercial inspector certificate, currently valid, issued by
11 the Board attesting to that person's qualifications to engage in private commercial inspection. To
12 obtain a standard private commercial inspector certificate, a person must pass an examination, as
13 prescribed by the Board or by a contracting party under G.S. 143-151.16(d), that is based on the
14 North Carolina State Building Code and administrative procedures required for Code
15 enforcement or private commercial inspection. The Board may issue a standard private
16 commercial inspector certificate of qualification to each person who successfully completes the
17 examination. If the applicant for a private commercial inspector certificate is a person other than
18 an individual, the examination must be taken by one or more of the responsible managing officers
19 or members of the personnel of the applicant.
20 (b) The private commercial inspector certificate authorizes that person, upon registration
21 as provided in G.S. 143-151.19A, to engage in private commercial inspection and to practice as
22 a qualified private commercial inspector in North Carolina. The private commercial inspector
23 certificate of qualification shall bear the signatures of the chairman and secretary of the Board.
24 (c) The Board shall issue one or more standard private commercial inspector certificates
25 to each private commercial inspector demonstrating the qualifications set forth in subsection (a)
26 of this section. Standard private commercial inspector certificates are available for each of the
27 following types of qualified private commercial inspectors:
28 (1) Building inspector.
29 (2) Electrical inspector.
30 (3) Mechanical inspector.
31 (4) Plumbing inspector.
32 (5) Fire inspector.
33 (d) The holder of a standard private commercial inspector certificate may only conduct
34 private commercial inspections within the inspection area and level described upon the certificate
35 issued by the Board; however, for any area in which the private commercial inspector is not
36 certified, that private commercial inspector may contract with a private commercial inspector
37 who is certified in that area to conduct the necessary inspection. A private commercial inspector
38 may qualify and hold one or more private commercial inspector certificates. These private
39 commercial inspector certificates may be for different levels in different types of positions as
40 defined in this section and in rules adopted by the Board.
41 (e) A private commercial inspector holding a certificate indicating a specified level of
42 proficiency in a particular type of position may conduct a private commercial inspection calling
43 for that type of qualification anywhere in the State. With respect to all types of private
44 commercial inspectors, those with Level I, Level II, or Level III certificates shall be qualified to
45 inspect and approve only those types and sizes of commercial buildings and structures as
46 specified in rules adopted by the Board.
47 (f) Notwithstanding subsection (a) of this section, the Board shall, without requiring an
48 examination, issue a standard Level I or Level II private commercial inspector certificate to all
49 of the following but may only issue a standard Level III private commercial inspector certificate
50 to those of the following who pass the examination:
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1 (1) Any person who is currently certified as a Code-enforcement official under
2 this Article.
3 (2) An architect licensed under Chapter 83A of the General Statutes.
4 (3) An engineer licensed under Chapter 89C of the General Statutes.
5 (g) Architects or engineers sitting for the Level III private commercial inspector
6 examination are exempt from any required prerequisite exam classes."
7 SECTION 1.(e) Article 9C of Chapter 143 of the General Statutes is amended by
8 adding a new section to read:
9 "§ 143-151.14B. Professional development program for private commercial inspectors.
10 (a) The Board may establish professional development requirements for private
11 commercial inspectors as a condition of the renewal or reactivation of their certificates. The
12 purposes of these professional development requirements are to assist private commercial
13 inspectors in maintaining professional competence in their inspections and to assure the health,
14 safety, and welfare of the citizens of North Carolina. A private commercial inspector subject to
15 this section shall present evidence to the Board at each certificate renewal after initial certification
16 that during the 12 months before the certificate expiration date, the private commercial inspector
17 has completed the required number of credit hours in courses approved by the Board. Annual
18 continuing education hour requirements shall be determined by the Board but shall not be more
19 than six credit hours. For licensed architects and engineers issued a standard private commercial
20 inspector certificate under G.S. 143-151.14A, the Board shall develop a continuing education
21 program providing that two of the required six hours of annual continuing education be in
22 subjects specific to each of those individual professions.
23 (b) The Board may require an individual who earns a certificate under programs
24 established in G.S. 143-151.14A to complete professional development courses, not to exceed
25 six hours in each technical area of certification, within one year after that individual is first
26 employed as a private commercial inspector or engages in private commercial inspection.
27 (c) As a condition of reactivating a standard certificate, the Board may require the
28 completion of professional development courses within one year after reemployment as a private
29 commercial inspector as follows:
30 (1) An individual who has been on inactive status for more than two years and
31 who has not been continuously employed by a city or county inspection
32 department, private commercial inspector, or engaged in the business of
33 private commercial inspections during the period of inactive status shall
34 complete professional development courses not to exceed six hours for each
35 technical area in which the individual is certified.
36 (2) An individual who has been on inactive status for more than two years and
37 who has been continuously employed by a city or county inspection
38 department, private commercial inspector, or engaged in the business of
39 private commercial inspections during the period of inactive status shall
40 complete professional development courses not to exceed three hours for each
41 technical area in which the individual is certified.
42 (3) An individual who has been on inactive status for two years or less shall
43 complete professional development courses not to exceed two hours for each
44 technical area in which the individual is certified.
45 (d) The Board may, for good cause shown, grant extensions of time to private commercial
46 inspectors to comply with these requirements. A private commercial inspector who, after
47 obtaining an extension under this subsection, offers evidence satisfactory to the Board that the
48 private commercial inspector has satisfactorily completed the required professional development
49 courses is in compliance with this section.
50 (e) The Board may adopt rules to implement this section, including rules that govern:
51 (1) The content and subject matter of professional development courses.
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1 (2) The criteria, standards, and procedures for the approval of courses, course
2 sponsors, and course instructors.
3 (3) The methods of instruction.
4 (4) The computation of course credit.
5 (5) The ability to carry forward course credit from one year to another.
6 (6) The waiver of or variance from the professional development required for
7 hardship or other reasons.
8 (7) The procedures for compliance and sanctions for noncompliance."
9 SECTION 1.(f) G.S. 143-151.15 reads as rewritten:
10 "§ 143-151.15. Return of certificate to Board; reissuance by Board.
11 (a) A certificate issued by the Board under this Article is valid as long as the person
12 certified is employed by any of the following:
13 (1) Employed by the State of North Carolina or any political subdivision thereof
14 as a Code-enforcement official, or is employed official.
15 (2) Employed by a federally recognized Indian Tribe to perform inspections on
16 tribal lands as a Code-enforcement official.
17 (3) Employed by a private commercial inspector.
18 (4) Self-employed as a private commercial inspector.
19 (b) When the person certified leaves that employment described under