Amends Article 9C of GS Chapter 143 as follows.
Adds and defines private commercial inspection in GS 143-151.8, applicable to Article 9C governing the NC Code Officials Qualification Board (Board), defining the term as inspection by a private commercial inspection of the manner, workmanship, and materials for the construction of commercial buildings and structures for compliance with the NC Building Code (Code), excluding sections pertaining to boilers and elevators. Defines private commercial inspection firm as a corporation, partnership, limited liability company, sole proprietorship, or other legal business entity registered pursuant to this Article that employs or contracts with one or more licensed private commercial inspectors to engage in the practice of private commercial inspection. Also adds and defines private commercial inspector.
Adds the following to the powers of the Board under GS 143-151.12: (1) certification of individuals as private commercial inspectors and registration of private commercial inspectors and private commercial inspection firms; (2) establishing minimum standards and level of education and experience for private commercial inspector instructors; (3) conducting and encouraging research by public and private agencies be designed to improve education and training in private commercial inspection; (4) consulting and cooperating with local government entities, State and other governmental agencies, and educational institutions on the development of private inspector schools, training, programs, and courses of instruction; (5) ensuring the minimum standards for education of private commercial inspectors includes specific instruction on the duties and responsibilities imposed by law on such inspectors; and (6) establishing criteria to be used by the Office of State Fire Marshal (Office) to verify that private commercial inspectors meet the standards of the profession. Removes the requiring the establishment of a marketplace pool of qualified Code enforcement officials available for the specified purposes.
Adds new subsections to GS 143-151.14 (comity) authorizing the Board to grant a standard private commercial inspector certificate for a particular type of position and level for individuals holding certification as the equivalent of a private commercial inspector in good standing by a similar out-of-state board or by the International Code Council, without requiring an exam. Provides for a three-year certificate.
Enacts GS 143-151.14A to require certification to engage in private commercial inspection. Provides for a standard private commercial inspector certificate. Upon successfully passing an examination, provides for issuance of a certificate to building, electrical, mechanical, plumbing, or fire inspectors, with the certificate limiting the scope of practice to the specific inspection area and level. Allows for qualification for more than one standard certificate. Provides for Levels II and III of certificates and coordinating authorities to be provided by Board rules. Requires Level II standard certificates be issued to applicants who hold certification as a Code-enforcement official or architectural license. Only allow issuance of a Level III certificate to those individuals if they pass the exam. Exempts architects sitting for the Level III exam from any required prerequisite exam classes.
Enacts GS 143-151.14B to authorize the Board to establish professional development requirements for private commercial inspectors as a condition of certificate renewal or reactivation. Prohibits requiring more than six credit hours per 12 month renewal period. Requires the Board to develop a continuing education program for licensed architects and engineers issued a standard private commercial inspector certificate. Authorizes the Board to require certified individuals to complete professional development courses. Details specific authorities for professional development requirements for reactivation of a standard certificate. Provides for extensions to meet the requirements for good cause shown. Authorizes the Board to adopt implementing rules that govern seven specified areas, including the ability to carry forward course credit and the procedures for compliance and sanctions for noncompliance.
Amends GS 143-151.15, deeming certificates valid as long as the person certified is employed by a registered private commercial inspection firm or self-employed as a private commercial inspector. Makes provisions applicable to returning and reissuing certificates of Code-enforcement officials applicable to standard private commercial inspector certificates.
Amends GS 143-151.16 by setting out the caps on fees for certification, and for renewal applications, for a qualified Code-enforcement official, or private commercial inspector. Allows a person, firm, corporation, or other entity intending to hire or contract with an individual for the purpose of performing private commercial inspections to pay the certification or recertification fee on behalf of that individual, regardless of whether that individual is already certified as a private commercial inspector or is seeking initial certification.
Expands GS 143-151.17 to prohibit a private commercial inspector from inspecting any property in which the inspector, or a person with whom the inspector has a close familial (as defined), business, or other associational relationship, has ownership or direct financial interest. Extends the Board's investigative powers to actions of qualified private commercial inspectors and applicants, as well as the Board's disciplinary authority under the statute.
Expands GS 143-151.18, and GS 143-151.19, making the provisions governing Article violations and penalties, and Article administration applicable to Code-enforcement officials applicable to private commercial inspectors. Further amends GS 143-151.19 to require posting the list of currently certified Code-enforcement officials and private commercial inspectors on the Board’s website where it is publicly accessible.
Enacts GS 143-151.19A to require certification and registration with the Board to engage in private commercial inspection. Prohibits a private commercial inspection firm from engaging in private commercial inspection unless that firm is registered and employs or contracts with one or more private commercial inspectors certified under GS 143-151.14A. requires submission of an application that includes five categories of information, including a statement as to the applicant’s experience level I each of the areas in which the applicant plans to conduct or offer inspections. Provides for a registration number upon review of the plan and the person's qualifications, or written notice of the Board's basis for denial and the opportunity to resubmit the application. Allows for review of denied resubmitted applications. Requires the Board to maintain a list of registrations and to post this information on the Office’s website. Allows for amendments to registration by private commercial inspectors or inspection firms to the Board at any time. Requires the Board to establish a fee schedule for registrations, not to exceed $20 per applicant.
Makes changes throughout the above amended statutes to update statutory cross-references.
Amends GS Chapter 160D as follows.
Amends GS 160D-402 to require local governments to return fees to permit holders upon inspections performed by a private commercial inspector or private commercial inspection firm.
Amends GS 160D-403 to exclude from the inspector authorities provided in subsection (e) work for which a holder has elected to use private commercial inspections for inspection of commercial buildings and structures for compliance with the Code. Prohibits local governments from conducting final inspections of work or activity on commercial buildings or structures for projects under GS 160D-1105.1, as enacted, regarding inspection reports of commercial buildings or structures by a private commercial inspector.
Adds private commercial inspection, private commercial inspection firm, and private commercial inspector to the defined terms of Article 11, Building Enforcement, defined by statutory cross-reference.
Amends GS 160D-1102, to prohibit local governments from adopting or enforcing any ordinance prohibiting private commercial inspections by private commercial inspectors or private commercial inspection firms, and prohibits the Office from doing the same when the Office has intervened pursuant to subsection (b), upon failure of the local government to provide inspection services as required by law.
Enacts GS 160D-1103.1 to prohibit private commercial inspections except by qualified private commercial inspectors pursuant to Article 9C of GS Chapter 143, as amended.
Makes conforming changes to GS 160D-1104 to exclude from the scope of local government duties and responsibilities timely inspections made by private commercial inspectors and certificates of compliance with the Code issued or denied by a private commercial inspector.
Amends GS 160D-1105, authorizing local governments to contract with a certified and registered private commercial inspector or with a registered private commercial inspection firm to conduct inspections under Article 11. Additionally authorizes a permit holder to contract with a private commercial inspector or private commercial inspection firm to conduct private commercial inspections of commercial buildings and structures for compliance with the Code. Specifies that a Code Enforcement official employed by a local government but who also holds a private inspector certificate cannot be prohibited from engaging in private commercial inspection outside the local government’s jurisdiction.
Enacts GS 160D-1105.1 to require local governments and the State Fire Marshal to accept and approve, without any further responsibility to inspect, a signed inspection report evidencing the inspection of a commercial building or structure by a private commercial inspector that meets seven criteria, in the event the Office has intervened pursuant to GS 160D-1102(b) due to the local government's failure to make required inspections. Criteria include that (1) the private commercial inspection is limited in scope to compliance with the Code; (2) proof of compliance with financial responsibility requirements; and (3) execution of a written contract between the permit holder and the private commercial inspector that contains six specified terms. Upon issuing an inspection report receipt, relieves the local government, State Fire Marshal, its inspection departments, and its inspectors of liability and responsibilities with respect to the inspection. Requires the inspection report to comply with the form developed by the Board, which must include six specified types of information.
Enacts GS 160D-1105.2, specifying that the Article does not prevent a local government, before issuing a certificate of occupancy, from conducting acceptance testing or approving any fire prevention systems for which a private commercial inspector has issued a certificate of compliance.
Enacts GS 160D-1105.3 to establish bond requirements of building permit applicants intending to use a private commercial inspector or private commercial inspection firm. Provides for the permit holder to request the local government resume project inspections at any time, which allows local governments to claim against the payment bond inspection costs or otherwise seek payment from the permit holder.
Enacts GS 160D-1105.5 to direct the Board to develop specified uniform forms for use by private commercial inspections. Limits information local government can require to information provided on these forms.
Makes conforming changes to GS 160D-1109, regarding violations of inspection department members for failure to perform duties.
Amends GS 160D-1110 requiring permit applicants to attach an addendum to permit applications or amendments noticing intent to use a private commercial inspector or private commercial inspection firm on the project, with specified required content. Specifies information that must be in the notice. Makes the project still subject to the same local government permit fee schedule. Allows building permit holders using the local inspection department for project inspections, upon three days notice to the local inspection department, to use a private commercial inspector to conduct the inspection due on the project and to issue a project inspection report. Specifies that each use of a private commercial inspector on a project under GS 160D-1110 requires separate notice to the local government inspection department. Provides for local governments to not interfere with permitted projects being inspected by private commercial inspectors, except for the final fire inspection to be conducted by the local government and inspections necessary to determine compliance with applicable local law.
Amends GS 160D-1112 to require building permits to be amended to designate the use of or changed in the designated private commercial inspector or private commercial inspection firm.
Amends GS 160D-1116 to include private commercial inspectors in the duties of inspectors regarding final inspections and the issuance of certificates of compliance. Requires certificates issued by private commercial inspectors to be in the form developed by the Board. Requires a private commercial inspector to give a local government 30 days' notice of the date the inspector anticipates issuing a certificate of compliance, as specified, and provide a copy of an issued certificate of compliance to the local government, as specified, with receipt required to be acknowledged by the local government. Provides that only a local government may issue a temporary certificate of occupancy. Prohibits withholding a certificate of occupancy for which a certificate of compliance has been issued by a private commercial inspector. Provides for the local government and Fire Marshal’s reliance upon a certificate of compliance issued by a private commercial inspector and resulting indemnity. Expands the Class 1 misdemeanor for violating subsections (a) and (b) to now cover violations of the statute, as amended.
Amends GS 160D-1110.1 to allow a local government to use and contract with a licensed professional engineer or licensed architect certified under GS 143-151.13(f) or a certified and registered private commercial inspect, so long as the review does not exceed the specified time.
Effective July 1, 2026.
Amends GS 160D-403 by requiring local governments to ensure development approval processes run concurrently with other applications or processes from approvals notwithstanding that related development approvals for the project have not yet been obtained.
Repeals GS 143-139.4, concerning certain building inspections by the State. Amends GS 160D-402 by removing the provision require the local government to return the fee to the permit holder when the inspection is performed by a marketplace pool Code-enforcement official. Effective July 1, 2026.
Allows the Office to adopt temporary implementing rules within 90 days of the act becoming law, but specifies that no rules can become effective until July 1, 2026.
Statutes affected: Filed: 143-151.8, 143-151.12, 143-151.14, 143-151.15, 143-151.16, 143-151.17, 143-151.18, 143-151.19, 160D-402, 160D-403, 160D-1101, 160D-1102, 160D-1104, 160D-1105, 160D-1109, 160D-1110, 160D-1112, 160D-1116, 160D-1110.1, 143-139.4
Edition 1: 143-151.8, 143-151.12, 143-151.14, 143-151.15, 143-151.16, 143-151.17, 143-151.18, 143-151.19, 160D-402, 160D-403, 160D-1101, 160D-1102, 160D-1104, 160D-1105, 160D-1109, 160D-1110, 160D-1112, 160D-1116, 160D-1110.1, 143-139.4