In 2013, one of NCHBA's legislative priorities was passage of
HB 120 / S.L. 2013-118 Building Codes: Local Consistency/Exempt Cable,
which was signed by Governor McCrory in June 2013. This bill c
larifies that only those inspections specifically set forth in the NC Building Code may be required by local inspections departments for structures constructed in compliance with the North Carolina Residential Code
for One- and Two-Family Dwellings. The bill neither limits the type nor number of voluntary inspections that a local jurisdiction may provide or that a builder may request.
The inspections authorized in SECTION 107 INSPECTIONS in the 2012 NC Administrative Code and Policies are:
- Footing inspection;
- Under slab inspection, as appropriate;
- Foundation inspection, wood frame construction;
- Rough-in inspection;
- Building framing;
- Insulation inspection;
- Fire protection inspection; (NOT APPLICABLE)
- Final inspection.
There are also inspection requirements in the NC Building Code in:
2012 NC ELECTRICAL CODE - SECTION 104 ADMINISTARTION
- directs the user to the North Carolina Administrative Code and Policies.
2012 NC FUEL GAS CODE Abridged for Residential Construction - SECTION 107 (IFGC) INSPECTIONS AND TESTING - directs the user to the North Carolina Administrative Code and Policies.
2012 NC Plumbing Code
Abridged for Residential Construction - SECTION 312 TESTS AND INSPECTIONS
2012 NC MECHANICAL CODE Abridged for Residential Construction - SECTION 107 INSPECTIONS AND TESTING - directs the user to the North Carolina Administrative Code and Policies.
Since the July 1, 2013 effective date of this legislation, several inspections jurisdictions throughout the state have chosen to ignore the language in HB120 / S.L. 2013-118 that was enacted into G.S. § 150A-352 (b) and § 160A-412 (b) for various reasons, and continue to require additional residential building inspections.
Earlier this year, the NC Building Code Council rendered an
Order and Final Agency Decision
on an appeal made to the Council regarding an inspection department's policy that required additional inspections not authorized under the building code.
The Council ruled in favor of the appellant after determining that the jurisdiction adopted an inspections policy that required additional inspections 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.
In addition to the specific inspections language in
is the document that needs to be provided to the jurisdictions that continue to require additional inspections (i.e. flashing inspections, house wrap inspections, open floor inspections, etc.) that are being conducted in violation of the General Statutes and the Council's Order and Final Decision.