§ 153A-361. Stop orders. - North Carolina Statutes

§ 153A‑361.  Stoporders.

Whenever a building or part thereof is being demolished, constructed,reconstructed, altered, or repaired in a hazardous manner, or in substantialviolation of a State or local building law or local building ordinance orregulation, or in a manner that endangers life or property, the appropriateinspector may order the specific part of the work that is in violation or thatpresents such a hazard to be immediately stopped.  The stop order shall be inwriting and directed to the person doing the work, and shall state the specificwork to be stopped, the specific reasons for the stoppage, and the conditionsunder which the work may be resumed.  The owner or builder may appeal from astop order involving alleged violation of the State Building Code or anyapproved local modification thereof to the North Carolina Commissioner ofInsurance or his designee within five days after the day the order is issued. The owner or builder shall give to the Commissioner of Insurance or hisdesignee written notice of appeal, with a copy to the local inspector.  TheCommissioner or his designee shall promptly conduct an investigation and theappellant and the inspector shall be permitted to submit relevant evidence. The Commissioner or his designee shall as expeditiously as possible provide awritten statement of the decision setting forth the facts found, the decisionreached, and the reasons for the decision.  Pending the ruling by theCommissioner of Insurance or his designee on an appeal, no further work maytake place in violation of a stop order.  In the event of dissatisfaction withthe decision, the person affected shall have the options of:

(1)        Appealing to the Building Code Council, or

(2)        Appealing to the Superior Court as provided in G.S.143‑141.

Violationof a stop order constitutes a Class 1 misdemeanor. (1969, c. 1066, s. 1; 1973, c. 822, s. 1; 1983, c.377, s. 4; 1989, c. 681, s. 5; 1993, c. 539, s. 1066; 1994, Ex. Sess., c. 24,s. 14(c).)