North Carolina Law just got tougher on Building Inspectors. North Carolina Session Law 2015-145 (House Bill 255) became effective October 1, 2015, and effectively puts the screws to inspectors who don’t do their job, who don’t do it thoroughly or in a timely manner, and who require work in excess of the Code. “Rolled” inspections, the delay of an inspection because they are “too busy to get to it today,” are supposedly a thing of the past.
This law has numerous changes to the permitting and inspections requirements. The full text can be viewed at HERE.
If the law requires the work to be designed by an Architect or Engineer, then no permits shall be issued without sealed drawings. This will eliminate many observed instances of substantial work being permitted with contractor-supplied drawings, shop drawings or napkin sketches.
There is also a raised minimum threshold for requiring permits from $5,000 to $15,000 (for residential or farm structures only, where the work doesn’t affect structural, plumbing, mechanical, electrical or energy efficient systems).
Another interesting section of this law (PART IX) includes provisions where inspection and certification by the designer-of-record (architect or engineer) shall be deemed sufficient under certain circumstances and require no further inspection by the building inspector. Although, I doubt this provision will be taken advantage of except under extreme emergencies.
The new law also clarifies and strengthens misconduct by Building Inspectors, which now includes: “willful misconduct, gross negligence, or gross incompetence”. Those shall include any of the following:
(1) The enforcement of a Code requirement applicable to a certain area or set of circumstances in other areas or circumstances not specified in the requirement.
(2) For an alternative design or construction method that has been appealed under G.S. 143-140.1 and found by the Department of Insurance to comply with the Code, to refuse to accept the decision by the Department to allow that alternative design or construction method under the conditions or circumstances set forth in the Department’s decision for that appeal.
(3) For an alternative construction method currently included in the Building Code, to refuse to allow the alternative method under the conditions or circumstances set forth in the Code for that alternative method.
(4) The enforcement of a requirement that is more stringent than or otherwise exceeds the Code requirement.
(5) To refuse to implement or adhere to an interpretation of the Building Code issued by the Building Code Council or the Department of Insurance.
(6) The habitual failure to provide requested inspections in a timely manner.”
FYI – Sections of this blog post were “borrowed” from the recent edition of the NCDOI Newsletter. We attempted to ask for permission to reference those sections here, but, per usual, calls went straight to voicemail.
Hello
I have a situation where I live in a development where a builder built a house 9 feet from mine and the county is saying that there is a 14 feet minimum distance between home. I keep questioning the county as to why they signed off on it but I’m not getting a clear answer. Is there anywhere I can report the builder and the county inspector for not following and enforcing codes? I feel it should be in number 5 on this list.
It is possible that the developer received a variance for setback reduction, but as a neighbor, you should have been informed of a variance application. In our area, foundation surveys are required to make sure the structure is NOT being built within required setbacks. If your jurisdiction does not require those, then your only recourse at this point might be a lawsuit.
Hello Eddie
Thanks for the reply. I went to Forsyth County Inspections office. Nobody applied for a variance and they are telling me that I have the option to apply for a variance. I was also informed that they do not go by the set backs in this neighborhood just the distance between structures and the standard was 14 feet. I have repeatedly questioned them why the structures are under 10 feet apart and they keep saying they don’t know but the inspector signed off on it. Should I direct a lawsuit at the county or the home builder (true homes)?
That would be up to you and your attorney.
There are fire resistive requirements that are required for homes with less than 10′ separation. according to the state building code the builder, inspector, and the county are responsible to you. Sue them. your home is in jeopardy.
I have a building inspector who is “by the book” guy. My house is nearly completed and the inspector decided to tell me my Hardee board panels under the house will not pass inspection due to the fact only 5/8″ sheet rock is currently the only material approved as fireproof.
My house is on pilings. The roof of the garage under the house is Hardee board panels. I am told Hardee does not pass the 1 hour burn through rating. When I suggested applying a fire proof paint he denied that as well. Despite the fact the paint has a 1-2 hour burn through rating. Do I have any recourse?
Unfortunately, I believe the building inspector is correct. And, if the inspector is correct, you don’t have much recourse. The Building Code is a MINIMUM Code, meaning it cannot be reduced. To do so would be gross negligence and open the inspector and the jurisdiction up to liability. It is true that 5/8″ fire code sheetrock or another fire-rated covering is required under a piling house, and post-applied fire-resistant coatings are no longer allowed by the code.
I was issued a building permit then after review by current building inspector substantial changes and restrictions were made in the original permit . Can a building department substantially change a permit for no apparent reason after it’s issued
Sorry for the late response, but I wasn’t notified of your comment for some reason. Coincidentally, the same thing just happened to me. The jurisdiction realized that they had made a mistake and yanked back the permit, made the necessary adjustments. In the end, the jurisdiction cannot allow non-conformities or permit variances by virtue of issuing a permit. They are obligated to correct the situation if contrary to ordinance or code – even after permit issuance.
I was under the impression that building inspections were to be carried out no more than 72 hours after request. I noticed that ,(6) “The habitual failure to provide requested inspections in a timely manner.” As a contractor I am currently waiting 7 business days for an inspection. Who should I talk to? Catawba County
That is my understanding as well, although I am not sure that is in the Code anywhere. As busy as most jurisdictions are right now, I have also experienced delays in getting inspections. I would speak to the Chief Inspector, then the City or County Manager’s office.
I had HVAC system in NC home replaced in its entirety and believe it is exempt from sales and use taxes according to NCDOR document 18-1. Is the actual HVAC system and the labor non-taxable because it is Capital Improvement? I gave 589-CI affidavit to the contractor and the project is being inspected next week so I believe there was a permit drawn on it. Thank you.
If the HVAC system replacement is simply a like-for-like replacement and is not part of a remodeling project, then it is subject to sales tax. It must be a “Capital Improvement” as defined by NCGC Section 105-164.4H(e)(1). The term does not include the replacement of a fixture in or on a building or structure unless the replacement is part of a remodeling. The term does not include a single repair, maintenance, or installation service.
Hello,
We purchased a new home from a builder recently, after moving in the home we started to notice many issues in the house that weren’t properly inspected by the building inspector. We filled a complaint with the licensing board who are currently investigating the building inspector. We were told not to wait for report which might take awhile, if we wanted to sue building inspector directly.
Can we sue the building inspector,
That would be up to you and your attorney. The old adage applies: Anybody can sue anybody anytime (doesn’t mean you will win). Did you speak with the local jurisdiction (e.g. the city or county inspections department)? In order for the inspector to have committed misconduct, you would have to prove that it was willful misconduct, gross negligence, or gross incompetence.
Is it written anywhere in the laws what the definition of “Timely Manner” is? We are dealing with 4+ days out on inspections and sometimes longer.
Not that I can find. The unwritten rule of 48 hours is a thing of the past as many jurisdictions are understaffed and overworked, unfortunately.
I’m trying to build a detached open carport in Brunswick County, N.C. When the inspector came out to inspect the footings for my posts (6×6), she said the footings were not deep enough for uplift from 150 mph winds. They were 24x24x24 with concrete and rebar. She doesn’t know how they should be done. I contacted the Deputy Director of Code Enforcement and he doesn’t know either. The inspector suggested I get an engineer. I contacted the NC State Agency in Raleigh and the person who supervises these departments told me there wasn’t anything regarding this in the NC Building Code. There’s detached open carports everywhere in my area (Supply, NC). Does anyone find this ridiculous that I have to pay several thousand dollars for an engineer to build a 12 x 25 carport with a simple shed roof. This doesn’t even seem lawful.
The Building Code does require structures to be designed in a manner that is safe for the owner and the general public. Winds during a strong storm or a hurricane could blow a carport into your neighbor’s house and do some serious damage. We find many times that structures are built without permits, and (probably) without complying with Code. That may be the reason you see so many around that were constructed in that manner. A quick Google search and you will find structural engineers in your area.