§ 143-139. Enforcement of Building Code. - North Carolina Statutes

§ 143‑139.  Enforcementof Building Code.

(a)        ProceduralRequirements. – Subject to the provisions set forth herein, the Building CodeCouncil shall adopt such procedural requirements in the North Carolina StateBuilding Code as shall appear reasonably necessary for adequate enforcement ofthe Code while safeguarding the rights of persons subject to the Code.

(b)        General BuildingRegulations. – The Insurance Commissioner shall have general supervision,through the Division of Engineering of the Department of Insurance, of theadministration and enforcement of all sections of the North Carolina StateBuilding Code pertaining to plumbing, electrical systems, general buildingrestrictions and regulations, heating and air conditioning, fire protection,and the construction of buildings generally, except those sections of the Code,the enforcement of which is specifically allocated to other agencies bysubsections (c) through (e) below. The Insurance Commissioner, by means of theDivision of Engineering, shall exercise his duties in the enforcement of theNorth Carolina State Building Code (including local building codes which havesuperseded the State Building Code in a particular political subdivisionpursuant to G.S. 143‑138(e)) in cooperation with local officials andlocal inspectors duly appointed by the governing body of any municipality orboard of county commissioners pursuant to Part 5 of Article 19 of Chapter 160Aof the General Statutes or Part 4 of Article 18 of Chapter 153A of the GeneralStatutes, or any other applicable statutory authority.

(b1)      Remedies. – In caseany building or structure is maintained, erected, constructed, or reconstructedor its purpose altered, so that it becomes in violation of this Article or ofthe North Carolina State Building Code, either the local enforcement officer orthe State Commissioner of Insurance or other State official with responsibilityunder this section may, in addition to other remedies, institute anyappropriate action or proceeding to: (i) prevent the unlawful maintenance,erection, construction, or reconstruction or alteration of purpose, orovercrowding, (ii) restrain, correct, or abate the violation, or (iii) preventthe occupancy or use of the building, structure, or land until the violation iscorrected. In addition to the civil remedies set out in G.S. 160A‑175 andG.S. 153A‑123, a county, city, or other political subdivision authorizedto enforce the North Carolina State Building Code within its jurisdiction may,for the purposes stated in (i) through (iii) of this subsection, levy a civilpenalty for violation of the fire prevention code of the North Carolina StateBuilding Code, which penalty may be recovered in a civil action in the natureof debt if the offender does not pay the penalty within a prescribed period oftime after the offender has been cited for the violation. If the Commissioneror other State official institutes an action or proceeding under this section,a county, city, or other political subdivision may not institute a civil actionunder this section based upon the same violation. Appeals from the impositionof any remedy set forth herein, including the imposition of a civil penalty bya county, city, or other political subdivision, shall be as provided in G.S.160A‑434.

(c)        Boilers. – TheBureau of Boiler Inspection of the Department of Labor shall have generalsupervision of the administration and enforcement of those sections of theNorth Carolina State Building Code which pertain to boilers of the typesenumerated in Article 7 of Chapter 95 of the General Statutes.

(d)        Elevators. – TheDepartment of Labor shall have general supervision of the administration andenforcement of those sections of the North Carolina State Building Code whichpertain to elevators, moving stairways, and amusement devices such as merry‑go‑rounds,roller coasters, Ferris wheels, etc.

(e)        State Buildings. – Withrespect to State buildings, the Department of Administration shall have generalsupervision, through the Office of State Construction, of the administrationand enforcement of all sections of the North Carolina State Building Codepertaining to plumbing, electrical systems, general building restrictions andregulations, heating and air conditioning, fire protection, and theconstruction of buildings generally, except those sections of the Code theenforcement of which is specifically allocated to other agencies by subsections(c) and (d) of this section, and shall also exercise all remedies as providedin subsection (b1) of this section. The Department of Administration shall bethe only agency with the authority to seek remedies pursuant to this sectionwith respect to State buildings. Except as provided herein, nothing in thissubsection shall be construed to abrogate the authority of the Commissioner ofInsurance under G.S. 58‑31‑40 or any other provision of law.  (1957, c. 1138; 1963, c.811; 1989, c. 681, s. 11; 1993, c. 329, s. 2; 2009‑474, ss. 3, 4.)