Legislation Assigned to the House RR Committee (8)

Date of Last Recorded Action: 6/15/2018

H 0252 MonitorBuilding Code Regulatory Reform Mark Brody
7/20/2017 House - Ch. SL 2017-130 RR RulesOS
Building Inspections Local Government
Companion bill to SB 371

Makes changes to state laws governing local building inspections of residential dwellings, including expanding current law to allow any licensed architect or licensed engineer, or a person under the direct supervisory control of a licensed architect or licensed engineer, to perform inspections under the Residential Code for One- and Two-Family Dwellings. Mandates that all local building inspection departments create a process for informal internal reviews of inspection decisions made by the department’s inspectors, along with a five-year annual reporting requirement to the Joint Legislative Committee on Local Government. Removes the requirement for a separate irrigation meter under certain circumstances involving septic tanks or other innovative on-site wastewater systems. (version 1)

H 0379 MonitorRecodification Working Group Dennis Riddell
6/15/2018 House - Pres. To Gov. 6/15/2018 RR RulesOS
General Government

Creates an interim legislative committee to receive and review suggestions for improving the state’s regulatory climate, with recommendations due at the end of this legislative biennium (December 31, 2018). (version 1)

 

Directs all local units of government to create a list of ordinances enforced as a criminal offense, with a description of that conduct, and submit the list to two legislative oversight committees by December 1, 2018.(version 3)

 

H 0507 HighLand-Use Regulatory Changes Jonathan Jordan
6/15/2018 Senate - Re-ref Com On Rules and Operations of the Senate RR RulesOS
Liability Planning & Land Use

Makes a host of changes to various land use statutes. Allows applicants for development permits to choose to have proposed—but not yet adopted—rules apply to the development permit. For disputes involving a permit applicant’s choice, creates a right to bring suit in court, accords those disputes priority by all courts, and awards damages to a prevailing permit applicant, but not a prevailing local government. Creates a new statutory vested right to develop under the permit applicant’s choice of rules, for one year, unless the work authorized by the permit has “substantially commenced.” Clarifies that this new vested right does not preclude other applicable vested rights to develop from applying to that project, and clarifies that for multi-phase developments, an applicant’s choice of rules vests at the time of the permit application, not the time of site plan approval. Changes current law regarding citizen-requested zoning map amendments to require written consent of all affected property owners, rather than certification that those property owners received notification of the request; changes the notice requirements for citizen-requested zoning map amendments. Allows aggrieved parties in land-use disputes to bypass a local board of adjustment and instead bring suit in superior court, and offers claimants a number of new grounds for suit. Gives aggrieved parties a new cause of action to challenge the validity of any local government’s land use ordinance. Changes current rules regarding land-use litigation to allow petitioners to present additional types of evidence, and offers additional grounds for suit. Disallows a local government from defending itself in land-use claims on the basis of estoppel, thereby allowing developers to continue development during any legal action regarding that development. Expands the causes of action for which a court must award attorney’s fees to a prevailing plaintiff, but not a prevailing local government. Makes significant changes to current law regarding performance guarantees paid by developers for completion of infrastructure, such as allowing the developer to determine the initial amount of the performance guarantee and to reduce the amount of the guarantee without consent of the local government. In cases where a developer must make transportation improvements, limits a local government’s driveway regulations to those promulgated by NCDOT, and prevents a local government from requiring the developer to require additional property for those improvements, if the developer does not already own that property. (version 1)

H 0590 HighInterior Design Profession Act Dennis Riddell
4/5/2017 House - Filed RR RulesOS
Building Inspections

Requires a local government to accept signed and sealed plans from registered interior design professionals related to a building code requirement affecting interior alteration or construction. Mandates that when a local government denies any building permit, they provide a written explanation to the applicant and include a copy of the ordinance or other basis for the decision. (version 1)

H 0622 MonitorCities/Periodic Building Inspections Robert Steinburg
4/17/2017 Serial Referral To Finance Added RR -
Housing & Community Development

For municipalities under 25,000 in population, creates new standards for residential housing inspections programs established to safeguard against unsafe, unsanitary, hazardous, or unlawful conditions in those homes. (version 1)

H 0649 MonitorSweepstakes Control Act Christopher Malone
4/11/2017 Ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House RR -
Planning & Land Use Public Safety
Companion bill SB 406

Permits up to four electronic gaming machines or devices in a single establishment, presuming they are not otherwise prohibited by state law and that they comply with all applicable local land use laws, among other conditions. (version 1)

H 0948 HighBuilding Code Regulatory Reform Mark Brody
6/14/2018 House - Pres. To Gov. 6/14/2018 RR RulesOS
Building Inspections Liability Taxation & Finance

Expands the authority of non-local government employees to conduct building inspections, including licensed architects and engineers, as well as licensed building inspectors participating in a marketplace inspectors’ pool maintained by the N.C. Department of Insurance (NCDOI). Requires local governments to accept an inspection report from any of these entities without the ability to ensure the inspection was satisfactorily completed, which poses a liability problem for local governments who issue the ultimate certificate of occupancy for structures. Creates a new reporting requirement for local government units, requiring them to provide information twice a year regarding how they spent local building inspections fees. Allows local governments to enter into mutual aid agreements for the purposes of enforcing the State Building Code. Also creates another new reporting requirement whereby local governments forward to NCDOI a copy of framing inspections reports in which the inspector found 20 or more violations. Makes changes to building inspections licensing laws to ease comity and education requirements for inspectors previously licensed in other jurisdictions. Adds to the list of offenses that constitute willful misconduct of building inspectors, making it a licensing offense for an inspector to disregard manufacturers’ instructions for HVAC equipment.

S 0131 MonitorRegulatory Reform Act of 2016-2017 Wilfred Wells
5/4/2017 Senate - Ch. SL 2017-10 RR AENR
Environment General Government Information Technology Military & Veteran Planning & Land Use
Utilities

Among numerous other changes to state laws, allows public agencies such as municipalities to exclusively fulfill public records responsibilities by making public records or computer databases available online in a downloadable format. Directs a report by a committee comprised of state and local government agencies—including the League—on development and use of computer databases by these public units and the need for public access to those public records. Exempts landscaping materials from built-upon area calculations for stormwater runoff. Directs state regulators to change current rules for stream mitigation to exempt the first 300 linear feet of stream bed loss from mitigation requirements. Eliminates a reporting requirement that currently requires cities to submit an annual report on how they address complaints by consulting engineers. Establishes a committee of state officials that seeks to coordinate and encourage landowners near military installations to engage in land uses that are compatible with federal defense activities. (version 1)

Green background on status indicates a bill has been acted on the last recorded legislative day.