GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 232
HOUSE BILL 1045

AN ACT TO AUTHORIZE CITIES AND COUNTIES TO CONTRACT WITH NONEMPLOYEES TO CONDUCT BUILDING INSPECTIONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 153A-353 reads as rewritten:
"§ 153A-353.  Joint inspection department; other arrangements.
A county may enter into and carry out contracts with one or more other counties or cities under which the parties agree to create and support a joint inspection department for enforcing those State and local laws and local ordinances and regulations specified in the agreement.  The governing bodies of the contracting units may make any necessary appropriations for this purpose.
In lieu of a joint inspection department, a county may designate an inspector from another county or from a city to serve as a member of the county inspection department, with the approval of the governing body of the other county or city, or may contract with an individual who is not a city or county employee but who holds one of the applicable certificates as provided in G.S. 153A-351.1 or G.S. 160A-411.1.  The inspector, if designated from another county or city under this section, while exercising the duties of the position, is a county employee.  The county shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the county as it does for an individual who is an employee of the county.  The individual with whom the county contracts shall have errors and omissions and other insurance coverage acceptable to the county."
Sec. 2.  G.S. 153A-355 reads as rewritten:
"§ 153A-355.  Conflicts of interest.
Unless he is the owner of the building, no member of an inspection department or other individual contracting with a county to conduct inspections shall be financially interested or employed by a business that is financially interested in furnishing labor, material, or appliances for the construction, alteration, or maintenance of any building within the county's territorial jurisdiction or any part or system thereof, or in making plans or specifications therefor.  No member of any inspection department or other individual contracting with a county to conduct inspections may engage in any work that is inconsistent with his duties or with the interest of the county."
Sec. 3.  G.S. 160A-413 reads as rewritten:
"§ 160A-413.  Joint inspection department; other arrangements.
A city council may enter into and carry out contracts with another city, county, or combination thereof under which the parties agree to create and support a joint inspection department for the enforcement of State and local laws specified in the agreement.  The governing boards of the contracting parties are authorized to make any necessary appropriations for this purpose.
In lieu of a joint inspection department, a city council may designate an inspector from any other city or county to serve as a member of its inspection department with the approval of the governing body of the other city or county, or may contract with an individual who is not a city or county employee but who holds one of the applicable certificates as provided in G.S. 160A-411.1 or G.S. 153A-351.1.  The inspector, if designated from another city or county under this section, shall, while exercising the duties of the position, be considered a municipal employee.  The city shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the city as it does for an individual who is an employee of the city.  The individual with whom the city contracts shall have errors and omissions and other insurance coverage acceptable to the city.
The city council of any city may request the board of county commissioners of the county in which the city is located to direct one or more county building inspectors to exercise their powers within part or all of the city's jurisdiction, and they shall thereupon be empowered to do so until the city council officially withdraws its request in the manner provided in G.S. 160A-360(g)."
Sec. 4.  G.S. 160A-415 reads as rewritten:
"§ 160A-415.  Conflicts of interest.
No member of an inspection department or other individual contracting with a city to conduct inspections shall be financially interested or employed by a business that is financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of any building within the city's jurisdiction or any part or system thereof, or in the making of plans or specifications therefor, unless he is the owner of the building.  No member of an inspection department or other individual contracting with a city to conduct inspections shall engage in any work that is inconsistent with his duties or with the interest of the city."
Sec. 4.1.  G.S. 143-151.8(a)(3) reads as rewritten:
"(3)	'Code enforcement' means the examination and approval of plans and specifications, or the inspection of the manner of construction, workmanship, and materials for construction of buildings and structures and components thereof, or the enforcement of fire code regulations as an employee of the State or local government or other individual contracting with the State or a local government to conduct inspections, except an employee of the State Department of Labor engaged in the administration and enforcement of those sections of the Code which pertain to boilers and elevators, to assure compliance with the State Building Code and related local building rules."
Sec. 5.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 28th day of June, 1993.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives