GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
HOUSE BILL 1409
RATIFIED BILL
AN ACT TO exempt Certain ELECTRICAL LIGHTING DEVICES AND fixtureS and water heater replacement in residences from building permitting requirements.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143‑138(b5) as amended by Section 1 of S.L. 2009‑245 reads as rewritten:
"(b5) 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, fixtures (excluding repair or replacement of electrical lighting
devices and fixtures of the same type), appliances, appliances (excluding
replacement of water heaters, provided that the energy use rate or thermal
input is not greater than that of the water heater which is being replaced, and
there is no change in fuel, energy source, location, capacity, or routing or
sizing of venting and piping), 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.
The exclusions from building permit requirements set forth in this paragraph
for electrical lighting devices and fixtures and water heaters shall apply only
to work performed on a one‑ or two‑family dwelling. In addition,
exclusions for electrical lighting devices and fixtures and electric water
heaters shall apply only to work performed by a person licensed under G.S. 87‑43
and exclusions for water heaters, generally, to work performed by a person
licensed under G.S. 87‑21."
SECTION 2. G.S. 153A‑357(a) reads as rewritten:
"(a) No person may commence or proceed with any of the following without first securing from the inspection department with jurisdiction over the site of the work each permit required by the State Building Code and any other State or local law or local ordinance or regulation applicable to the work:
(1) The construction,
reconstruction, alteration, repair, movement to another site, removal, or
demolition of any building;building.
(2) The installation,
extension, or general repair of any plumbing system;system except
that in any one‑ or two‑family dwelling unit a permit shall not be required
for the connection of a water heater that is being replaced, provided that the
work is performed by a person licensed under G.S. 87‑21, who
personally examines the work at completion and ensures that a leak test has
been performed on the gas piping, and provided the energy use rate or thermal
input is not greater than that of the water heater which is being replaced,
there is no change in fuel, energy source, location, capacity, or routing or
sizing of venting and piping, and the replacement is installed in accordance
with the current edition of the State Building Code.
(3) The installation,
extension, alteration, or general repair of any heating or cooling equipment system;
orsystem.
(4) The installation, extension, alteration, or general repair of any electrical wiring, devices, appliances, or equipment except that in any one‑ or two‑family dwelling unit a permit shall not be required for repair or replacement of electrical lighting fixtures or devices, such as receptacles and lighting switches, or for the connection of an existing branch circuit to an electric water heater that is being replaced, provided that all of the following requirements are met:
a. With respect to electric water heaters, the replacement water heater is placed in the same location and is of the same or less capacity and electrical rating as the original.
b. With respect to electrical lighting fixtures and devices, the replacement is with a fixture or device having the same voltage and the same or less amperage.
c. The work is performed by a person licensed under G.S. 87‑43.
d. The repair or replacement installation meets the current edition of the State Building Code, including the State Electrical Code.
without first securing from the
inspection department with jurisdiction over the site of the work each permit
required by the State Building Code and any other State or local law or local
ordinance or regulation applicable to the work. A permit shall be in
writing and shall contain a provision that the work done shall comply with the
State Building Code and all other applicable State and local laws and local
ordinances and regulations. Nothing in this section shall require a county to
review and approve residential building plans submitted to the county pursuant
to Section R‑110 of Volume VII of the North Carolina State Building Code;
provided that the county may review and approve such residential building plans
as it deems necessary. No permit may be issued unless the plans and
specifications are identified by the name and address of the author thereof;
and if the General Statutes of North Carolina require that plans for certain
types of work be prepared only by a registered architect or registered
engineer, no permit may be issued unless the plans and specifications bear the
North Carolina seal of a registered architect or of a registered engineer. If a
provision of the General Statutes of North Carolina or of any ordinance
requires that work be done by a licensed specialty contractor of any kind, no
permit for the work may be issued unless the work is to be performed by such a
duly licensed contractor. No permit issued under Articles 9 or 9C of G.S. Chapter
143 shall be required 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. Violation
of this section constitutes a Class 1 misdemeanor."
SECTION 3. G.S. 160A‑417(a) reads as rewritten:
"(a) No person shall
commence or proceed with:with any of the following without first
securing from the inspection department with jurisdiction over the site of the
work any and all permits required by the State Building Code and any other
State or local laws applicable to the work:
(1) The construction,
reconstruction, alteration, repair, movement to another site, removal, or
demolition of any building or structure,structure.
(2) The installation,
extension, or general repair of any plumbing system, system except
that in any one‑ or two‑family dwelling unit a permit shall not be required
for the connection of a water heater that is being replaced, provided that the
work is performed by a person licensed under G.S. 87‑21, who
personally examines the work at completion and ensures that a leak test has
been performed on the gas piping, and provided the energy use rate or thermal
input is not greater than that of the water heater which is being replaced,
there is no change in fuel, energy source, location, capacity, or routing or
sizing of venting and piping, and the replacement is installed in accordance
with the current edition of the State Building Code.
(3) The installation,
extension, alteration, or general repair of any heating or cooling equipment system,
orsystem.
(4) The installation,
extension, alteration, or general repair of any electrical wiring, devices,
appliances, or equipment, equipment except that in any one‑ or
two‑family dwelling unit a permit shall not be required for repair or
replacement of electrical lighting fixtures or devices, such as receptacles and
lighting switches, or for the connection of an existing branch circuit to an
electric water heater that is being replaced, provided that all of the
following requirements are met:
a. With respect to electric water heaters, the replacement water heater is placed in the same location and is of the same or less capacity and electrical rating as the original.
b. With respect to electrical lighting fixtures and devices, the replacement is with a fixture or device having the same voltage and the same or less amperage.
c. The work is performed by a person licensed under G.S. 87‑43.
d. The repair or replacement installation meets the current edition of the State Building Code, including the State Electrical Code.
without first securing from the
inspection department with jurisdiction over the site of the work any and all
permits required by the State Building Code and any other State or local laws
applicable to the work. A permit shall be in writing and shall contain a
provision that the work done shall comply with the State Building Code and all
other applicable State and local laws. Nothing in this section shall require a
city to review and approve residential building plans submitted to the city
pursuant to Section R‑110 of Volume VII of the North Carolina State Building
Code; provided that the city may review and approve such residential building
plans as it deems necessary. No permits shall be issued unless the plans and
specifications are identified by the name and address of the author thereof,
and if the General Statutes of North Carolina require that plans for certain
types of work be prepared only by a registered architect or registered
engineer, no permit shall be issued unless the plans and specifications bear
the North Carolina seal of a registered architect or of a registered engineer.
When any provision of the General Statutes of North Carolina or of any
ordinance requires that work be done by a licensed specialty contractor of any
kind, no permit for the work shall be issued unless the work is to be performed
by such a duly licensed contractor. No permit issued under Articles 9 or 9C of
Chapter 143 shall be required 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. Violation of this section shall constitute a Class 1 misdemeanor."
SECTION 4. This act becomes effective October 1, 2009.
In the General Assembly read three times and ratified this the 7th day of August, 2009.
_____________________________________
Marc Basnight
President Pro Tempore of the Senate
_____________________________________
Joe Hackney
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2009