GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 895
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-138(e) reads as rewritten:
"(e) Effect upon Local
Codes. - The North Carolina State Building Code shall apply throughout the
State, from the time of its adoption. However, any political subdivision
of the State may adopt a building code or building rules and regulations
governing construction or a fire prevention code within its jurisdiction.
The territorial jurisdiction of any municipality or county for this purpose,
unless otherwise specified by the General Assembly, shall be as follows:
Municipal jurisdiction shall include all areas within the corporate limits of
the municipality; municipality and extraterritorial jurisdiction
areas established as provided in G.S. 160A-360 or a local act; county
jurisdiction shall include all other areas of the county. No such code or
regulations, other than those permitted by G.S. 160A-436, shall be effective
until they have been officially approved by the Building Code Council as
providing adequate minimum standards to preserve and protect health and safety,
in accordance with the provisions of subsection (c) above. While it
remains effective, such approval shall be taken as conclusive evidence that a
local code or local regulations supersede the State Building Code in its
particular political subdivision. Whenever the Building Code Council
adopts an amendment to the State Building Code, it shall consider any
previously approved local regulations dealing with the same general matters,
and it shall have authority to withdraw its approval of any such local code or
regulations unless the local governing body makes such appropriate amendments
to that local code or regulations as it may direct. In the absence of
approval by the Building Code Council, or in the event that approval is
withdrawn, local codes and regulations shall have no force and effect.
Provided any local regulations approved by the local governing body which are
found by the Council to be more stringent than the adopted statewide fire
prevention code and which are found to regulate only activities and conditions
in buildings, structures, and premises that pose dangers of fire, explosion or
related hazards, and are not matters in conflict with the State Building Code,
shall be approved."
Sec. 2. G.S. 143-136(a) reads as rewritten:
"(a) Creation; Membership;
Terms. - There is hereby created a Building Code Council, which shall be
composed of 13 15 members appointed by the Governor, consisting
of one registered architect, one licensed general contractor, one registered
architect or licensed general contractor specializing in residential design or
construction, one registered engineer practicing structural engineering, one
registered engineer practicing mechanical engineering, one registered engineer
practicing electrical engineering, one licensed plumbing and heating
contractor, one municipal or county building inspector, one licensed liquid
petroleum gas dealer/contractor involved in the design of natural and liquid petroleum
gas systems who has expertise and experience in natural and liquid petroleum
gas piping, venting and appliances, a representative of the public who is not a
member of the building construction industry, a licensed electrical contractor,
a registered engineer on the engineering staff of a State agency charged with
approval of plans of State-owned buildings, a municipal elected official or
city manager, a county commissioner or county manager, and an active member
of the North Carolina fire service with expertise in fire safety. In
selecting the municipal and county members, preference should be given to
members who qualify as either a registered architect, registered engineer, or
licensed general contractor. Of the members initially appointed by the
Governor, three shall serve for terms of two years each, three shall serve for
terms of four years each, and three shall serve for terms of six years each.
Thereafter, all appointments shall be for terms of six years. The Governor may
remove appointive members at any time. Neither the architect nor any of
the above named engineers shall be engaged in the manufacture, promotion or
sale of any building material, and any member who shall, during his term, cease
to meet the qualifications for original appointment (through ceasing to be a
practicing member of the profession indicated or otherwise) shall thereby
forfeit his membership on the Council. In making new appointments or
filling vacancies, the Governor shall ensure that minorities and women are
represented on the Council.
The Governor may make appointments to fill the unexpired portions of any terms vacated by reason of death, resignation, or removal from office. In making such appointment, he shall preserve the composition of the Council required above."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 8th day of July, 1992.
James C. Gardner
President of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives