Section 160D-1106 - [Effective Until 1/1/2025] Alternate inspection method for component or element(a) Notwithstanding the requirements of this Article, a local government shall accept and approve, without further responsibility to inspect, a design or other proposal for a component or element in the construction of buildings from an architect licensed under Chapter 83A of the General Statutes or professional engineer licensed under Chapter 89C of the General Statutes provided all of the following apply: (1) When required by the North Carolina State Building Code, the submission design or other proposal is completed under valid seal of the licensed architect or licensed professional engineer.(2) Field inspection of the installation or completion of a component or element of the building is performed by a licensed architect or licensed professional engineer or a person under the direct supervisory control of the licensed architect or licensed professional engineer.(3) The licensed architect or licensed professional engineer under subdivision (2) of this subsection provides the local government with a signed written document certifying that the component or element of the building inspected under subdivision (2) of this subsection is in compliance with the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings. The certification required under this subdivision shall be provided by electronic or physical delivery, [and] its receipt shall be promptly acknowledged by the local government through reciprocal means. The certification shall be made on a form created by the North Carolina Building Code Council which shall include at least the following: d. Contractor's name and license number.e. Street address of the job location.f. Name, address, and telephone number of the person responsible for the inspection.(a1) In accepting certifications of inspections under subsection (a) of this section, a local government shall not require information other than that specified in this section.(b) Upon the acceptance and approval receipt of a signed written document by the local government as required under subsection (a) of this section, notwithstanding the issuance of a certificate of occupancy, the local government, its inspection department, and the inspectors are discharged and released from any liabilities, duties, and responsibilities imposed by this Article with respect to or in common law from any claim arising out of or attributed to the component or element in the construction of the building for which the signed written document was submitted.(c) With the exception of the requirements contained in subsection (a) of this section, no further certification by a licensed architect or licensed professional engineer is required for any component or element designed and sealed by a licensed architect or licensed professional engineer for the manufacturer of the component or element under the North Carolina State Building Code or the North Carolina Residential Code for One- and Two-Family Dwellings.(d) As used in this section, the following definitions apply:(1) Component. - Any assembly, subassembly, or combination of elements designed to be combined with other components to form part of a building or structure. Examples of a component include an excavated footing trench containing no concrete, a foundation, and a prepared underslab with slab-related materials without concrete. The term does not include a system.(2) Element. - A combination of products designed to be combined with other elements to form all or part of a building component. The term does not include a system.N.C. Gen. Stat. § 160D-1106
Amended by 2020 N.C. Sess. Laws 74, s. 31, eff. 7/1/2020.Amended by 2020 N.C. Sess. Laws 25, s. 29, eff. 6/19/2020.Added by 2019 N.C. Sess. Laws 111, s. 2.4, eff. 1/1/2021.Effective Date - S.L. 2019-111: Section 2.4 of 2019 N.C. Sess. Laws 111added Chapter 160D, and section 3.2 made the act effective January 1, 2021. 2020 N.C. Sess. Laws 25, s. 51-a, eff. 6/19/2020, repealed § 3.2 of S.L. 2019-111. Section 51.(b) of S.L. 2020-25 provides: "Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: (1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or (2) July 1, 2021." This section is set out more than once due to postponed, multiple, or conflicting amendments.