AN ACT TO CLARIFY STANDARDS FOR CODE-ENFORCEMENT OFFICIALS.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑151.13 reads as rewritten:
"§ 143‑151.13.  Required standards and certificates for Code‑enforcement officials.
(a)	No person may engage in Code enforcement pursuant to this Article unless he possesses one of the following types of certificates, currently valid, issued by the Board attesting to his qualifications to hold such position: (i) a standard certificate; (ii) a limited certificate provided for in subsection (c); or (iii) a probationary certificate provided for in subsection (d). To obtain a standard certificate, a person must pass an examination, as prescribed by the Board, which is based on the North Carolina State Building Code and administrative procedures required to enforce the Code. The Board shall issue a standard certificate of qualification to each person who successfully completes the examination authorizing the person named therein to practice as a qualified Code‑enforcement official in North Carolina. The certificate of qualification shall bear the signatures of the chairman and secretary of the Board.
(b)	 The Board shall issue one or more standard certificates to each Code‑enforcement official demonstrating the qualifications set forth in subsection (b1) of this section. Standard certificates are available for each of the following types of qualified Code‑enforcement officials:
(1)	Building inspector.
(2)	Electrical inspector.
(3)	Mechanical inspector.
(4)	Plumbing inspector.
(5)	Fire inspector.
(b1)	The holder of a standard certificate may practice Code enforcement only within the inspection area and level described upon the certificate issued by the Board. A Code‑enforcement official may qualify and hold one or more certificates. These certificates may be for different levels in different types of positions as defined in this section and in rules adopted by the Board. 
(b2)	A Code‑enforcement official holding a certificate indicating a specified level of proficiency in a particular type of position may hold a position calling for that type of qualification anywhere in the State. With respect to all types of Code‑enforcement officials, those with Level I, Level II, or Level III certificates shall be qualified to inspect and approve only those types and sizes of buildings as specified in rules adopted by the Board.
(c)	A Code‑enforcement official holding office as of the date specified in this subsection for the county or municipality by which he is employed, shall not be required to possess a standard certificate as a condition of tenure or continued employment but shall be required to complete such in‑service training as may be prescribed by the Board. At the earliest practicable date, such official shall receive from the Board a limited certificate qualifying him to engage in Code enforcement at the  level, in the particular type of position, and within the governmental jurisdiction in which he is employed. The limited certificate shall be valid only as an authorization for the official to continue in the position he held on the applicable date and shall become invalid if he does not complete in‑service training within two years following the applicable date in the schedule below, according to the governmental jurisdiction's population as published in the 1970 U.S. Census:
Counties and Municipalities over 75,000 population – July 1, 1979
Counties and Municipalities between 50,001 and 75,000 – July 1, 1981
Counties and Municipalities between 25,001 and 50,000 – July 1, 1983
Counties and Municipalities 25,000 and under – July 1, 1985
All fire prevention inspectors holding office – July 1, 1989. Fire prevention inspectors have until July 1, 1993, to complete in‑service training.
An official holding a limited certificate can be promoted to a position requiring a higher level certificate only upon issuance by the Board of a standard certificate or probationary certificate appropriate for such new position.
(d)	The Board may provide for the issuance of probationary or temporary certificates valid for such period (not less than one year nor more than three years) as specified by the Board's rules, or until June 30, 1983, whichever is later, to any Code‑enforcement official newly employed or newly promoted who lacks the qualifications prescribed by the Board as prerequisite to applying for a standard certificate under subsection (a). No official may have  a probationary or temporary certificate extended beyond the specified period by renewal or otherwise. The Board may provide for appropriate levels of probationary or temporary certificates and may issue these certificates with such special conditions or requirements relating to the place of employment of the person holding the certificate, his supervision on a consulting or advisory basis, or other matters as the Board may deem necessary to protect the public safety and health.
(e)	The Board shall, without requiring an examination, issue a standard certificate to any person who is currently certified as a county electrical inspector pursuant to G.S. 153A‑351. The certificate issued by the Board shall authorize the person to serve at the electrical inspector level approved by the Commissioner of Insurance in G.S. 153A‑351.
(f)	The Board shall issue a standard certificate to any person who is currently licensed to practice as a(n):
(1)	Architect, registered pursuant to Chapter 83A;
(2)	General contractor, licensed pursuant to Article 1 of Chapter 87;
(3)	Plumbing or heating contractor, licensed pursuant to Article 2 of Chapter 87;
(4)	Electrical contractor, licensed pursuant to Article 4 of Chapter 87; or,
(5)	Professional engineer, registered pursuant to Chapter 89C;
provided the person successfully completes a short course, as prescribed by the Board, relating to the State Building Code regulations and Code‑enforcement administration. The standard certificate shall authorize the person to practice as a qualified Code‑enforcement official in a particular type of position at the  level determined by the Board, based on the type of license or registration held in any profession specified above."
SECTION 2.  G.S. 143‑151.14 reads as rewritten:
"§ 143‑151.14.  Comity.
The Board may, without requiring an examination, grant a standard certificate as a qualified Code‑enforcement official for a particular type of position and level to any person who, at the time of application, is certified as a qualified Code‑enforcement official by a similar board of another state, district or territory where standards are acceptable to the Board and not lower than those required by this Article. A fee of not more than twenty dollars ($20.00), as determined by the Board, must be paid by the applicant to the Board for the issuance of a certificate under the provisions of this section. The provisions of G.S. 143‑151.16(b) relating to renewal fees and late renewals shall apply to every person granted a standard certificate in accordance with this section."
SECTION 3.  G.S. 143‑151.17 reads as rewritten:
"§ 143‑151.17.  Grounds for disciplinary actions; investigation; administrative procedures.
(a)	The Board shall have the power to  suspend any or all certificates, revoke any or all certificates, demote any or all certificates to a lower level, or refuse to grant any certificate issued under the provisions of this Article to any person who:
(1)	Has been convicted of a felony against this State or the United States, or convicted of a felony in another state that would also be a felony if it had been committed in this State;
(2)	Has obtained certification through fraud, deceit, or perjury;
(3)	Has knowingly aided or abetted any person practicing contrary to the provisions of this Article or the State Building Code or any building codes adopted by a federally recognized Indian Tribe under G.S. 153A‑350.1;
(4)	Has defrauded the public or attempted to do so;
(5)	Has affixed his signature to a report of inspection or other instrument of service if no inspection has been made by him or under his immediate and responsible direction; or,
(6)	Has been guilty of willful misconduct, gross negligence or gross incompetence.
(b)	The Board may investigate the actions of any qualified Code‑enforcement official or applicant upon the verified complaint in writing of any person alleging a violation of subsection  (a) of this section. The Board may  suspend, revoke, or demote to a lower level any certificate of any qualified Code‑enforcement official and refuse to grant a certificate to any applicant, whom it finds to have been guilty of one or more of the actions set out in subsection (a) as grounds for disciplinary action.
(c)	A denial, suspension,  revocation, or demotion to a lower level of a certificate issued under this Article shall be made in accordance with Chapter 150B of the General Statutes.
(d)	The Board may deny an application for a certificate for any of the grounds that are described in subsection (a) of this section. Within 30 days after receipt of a notification that an application for a certificate has been denied, the applicant may make a written request for a review by a committee designated by the chairman of the Board to determine the reasonableness of the Board's action. The review shall be completed without undue delay, and the applicant shall be notified promptly in writing as to the outcome of the review. Within 30 days after service of the notification as to the outcome, the applicant may make a written request for a hearing under Article 3A of Chapter 150B of the General Statutes if the applicant disagrees with the outcome.
(e)	The provisions of this section shall apply to Code‑enforcement officials and applicants who are employed or seek to be employed by a federally recognized Indian Tribe to perform inspections on tribal lands under G.S. 153A‑350.1."
SECTION 4.  G.S. 143‑151.18 reads as rewritten:  
"§ 143‑151.18.  Violations; penalty; injunction. 
On and after July 1, 1979, it shall be unlawful for any person to represent himself as a qualified Code‑enforcement official who does not hold a currently valid certificate of qualification issued by the Board. Further, it shall be unlawful for any person to practice Code enforcement except as allowed by any currently valid certificate issued to that person by the Board. Any person violating any of the provisions of this Article shall be guilty of a Class 1 misdemeanor. The Board is authorized to apply to any judge of the superior court for an injunction in order to prevent any violation or threatened violation of the provisions of this Article."
SECTION 5. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 18th day of June, 2007.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 5:36 p.m. this 27th day of June, 2007