A BILL TO BE ENTITLED
AN ACT to adopt the international building code as the state building code.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑138(a) reads as rewritten:
"(a)	Adoption. – The North Carolina State Building Code shall be adopted by reference with limited technical amendments from the most current edition of the International Code Council's International Building Code. Notwithstanding G.S. 150B‑2(8a)h., the North Carolina State Building Code as adopted is a rule within the meaning of G.S. 150B‑2(8a) and shall be adopted in accordance with the procedural requirements of Article 2A of Chapter 150B of the General Statutes.
The Building Code Council shall request the Office of State Budget and Management to prepare a fiscal note for a proposed Code change that has a substantial economic impact, as defined in G.S. 150B‑21.4(b1), or that increases the cost of residential housing by eighty dollars ($80.00) or more per housing unit. The change can become effective only in accordance with G.S. 143‑138(d). Neither the Department of Insurance nor the Council shall be required to expend any monies to pay for the preparation of any fiscal note under this section by any person outside of the Department or Council unless the Department or Council contracts with a third‑party vendor to prepare the fiscal note."
SECTION 2.  G.S. 143‑138(b) reads as rewritten:
"(b)	Contents of the Code. –  The North Carolina State Building Code shall contain the following codes adopted by reference from the International Code Council:
(1)	The International Building Code.
(2)	The International Plumbing Code.
(3)	The International Mechanical Code.
(4)	The International Fuel Gas Code.
(5)	The International Energy Conservation Code.
(6)	The International Fire Prevention Code.
(7)	The International Electric Code.
The Code may contain provisions regulating every type of building or structure, wherever it might be situated in the State.
Provided further, that nothing in this Article shall be construed to make any building rules applicable to farm buildings located outside the building‑rules jurisdiction of any municipality.
Provided further, that no building permit shall be required under the Code or any local variance thereof approved under subsection (e) for any construction, installation, repair, replacement, or alteration costing five thousand dollars ($5,000) or less in any single family residence or farm building unless the work involves: the addition, repair, or replacement of load bearing structures; the addition (excluding replacement of same size and capacity) or change in the design of plumbing; the addition, replacement or change in the design of heating, air conditioning, or electrical wiring, devices, appliances, or equipment, the use of materials not permitted by the North Carolina Uniform Residential Building Code; or the addition (excluding replacement of like grade of fire resistance) of roofing.
Provided further, that no building permit shall be required under such Code from any State agency for the construction of any building or structure, the total cost of which is less than twenty thousand dollars ($20,000), except public or institutional buildings.
For the information of users thereof, the Code shall include as appendices
(1)	Any rules governing boilers adopted by the Board of Boiler and Pressure Vessels Rules,
(2)	Any rules relating to the safe operation of elevators adopted by the Commissioner of Labor, and
(3)	Any rules relating to sanitation adopted by the Commission for Health Services which the Building Code Council believes pertinent.
In addition, the Code may include references to such other rules of special types, such as those of the Medical Care Commission and the Department of Public Instruction as may be useful to persons using the Code. No rule issued by any agency other than the Building Code Council shall be construed as a part of the Code, nor supersede that Code, it being intended that they be presented with the Code for information only.
Nothing in this Article shall extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of (1) equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuel purposes or anhydrous ammonia or other liquid fertilizers, except for liquefied petroleum gas from the outlet of the first stage pressure regulator to and including each liquefied petroleum gas utilization device within a building or structure covered by the Code, or (2) equipment or facilities, other than buildings, of a public utility, as defined in G.S. 62‑3, or an electric or telephone membership corporation, including without limitation poles, towers, and other structures supporting electric or communication lines.
In addition, the Code may contain rules concerning minimum efficiency requirements for replacement water heaters, which shall consider reasonable availability from manufacturers to meet installation space requirements."
SECTION 3.  G.S. 143‑138(c) reads as rewritten:
"(c)	Standards to Be Followed in Adopting the Code. – All regulations contained in the North Carolina State Building Code shall have a reasonable and substantial connection with the public health, safety, morals, or general welfare, and their provisions shall be construed reasonably to those ends. Requirements of the Code shall conform to good engineering practice. The Council shall adopt the requirements of the International Building Code of the International Code  Council."
SECTION 4.  G.S. 143‑138(d) reads as rewritten:
"(d)	Amendments of the Code. – The Building Code Council shall not revise and amend the North Carolina State Building Code other than to conform administrative procedures in Chapter 1 of the International Building Code to North Carolina regulations and to conform accessibility provisions in Chapter 11 of the International Building Code to the North Carolina State Building Code, Accessibility Code, 2002 Edition. In adopting any administrative amendment, the Council shall comply with the same procedural requirements and the same standards set forth above for adoption of the Code.
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SECTION 5.  G.S. 143‑138(g) reads as rewritten:
"(g)	Publication and Distribution of Code. – The Building Code Council shall cause to be printed, after adoption by the Council, the North Carolina State Building Code and the administrative section thereto. It shall, at the State's expense, distribute copies of the Code and each amendment to State and local governmental officials, departments, agencies, and educational institutions, as is set out in the table below. (Those marked by an asterisk will receive copies only on written request to the Council.)

OFFICIAL OR AGENCY	NUMBER OF COPIES
State Departments and Officials
Governor 	1
Lieutenant Governor 	1
Auditor 	1
Treasurer 	1
Secretary of State 	1
Superintendent of Public Instruction 	1
Attorney General (Library) 	1
Commissioner of Agriculture 	1
Commissioner of Labor 	1
Commissioner of Insurance 	1
Department of Environment and Natural Resources 	1
Department of Health and Human Services 	1
Department of Juvenile Justice and Delinquency Prevention 	1
Board of Transportation 	1
Utilities Commission 	1
Department of Administration 	1
Clerk of the Supreme Court 	1
Clerk of the Court of Appeals 	1
Clerk of the Superior Court 	1each
Department of Cultural Resources [State Library] 	5
Supreme Court Library 	2
Legislative Library 	1
Office of Administrative Hearings 	1
Rules Review Commission 	1
Schools 
All state‑supported colleges and universities 
in the State of North Carolina 	*1 each
Local Officials 
Clerks of the Superior Courts 	1 each
Chief Building Inspector of each incorporated 
municipality or county 	1

In addition, the Building Code Council shall make additional copies available at such price as it shall deem reasonable to members of the general public."
SECTION 6.  G.S. 143‑139 is amended by adding a new subsection to read:
"(b2)	Alternative Building Code Interpretations. – Interpretations of the North Carolina State Building Code may also be obtained from the model code agency from which the North Carolina State Building Code was adopted. Interpretations from the model code agency shall have the same legal force and effect as interpretations from the Department of Insurance."
SECTION 7.  G.S. 143‑141 is amended by adding a new subsection to read:
"(b1)	Resolving Interpretation Disputes. – When a dispute arises regarding the interpretation of a provision of the North Carolina State Building Code between the Department of Insurance and the model code agency from which the North Carolina State Building Code was adopted, the Building Code Council may hear an appeal and rule on it pursuant to subsection (b) of this section."
SECTION 8.  This act becomes effective October 1, 2004.