AN ACT to permit local governments autonomy over building and energy efficiency standards.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑138(e) reads as rewritten:

(e)      Effect upon Local Codes. – Except as otherwise provided in this section, the North Carolina State Building Code shall apply throughout the State, from the time of its adoption. Approved rules shall become effective in accordance with G.S. 150B‑21.3.

(1)        However, any Local codes permitted. – Any political subdivision of the State may adopt a fire prevention code and code, an energy conservation code, or floodplain management regulations within its jurisdiction.

(2)        Jurisdiction. – The territorial jurisdiction of any municipality or county for this purpose, the purpose of local codes under this subsection, unless otherwise specified by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areas within the corporate limits of the municipality and extraterritorial jurisdiction areas established as provided in G.S. 160A‑360 or a local act; county jurisdiction shall include all other areas of the county.

(3)        Approval by Council. – No such code or regulations, other than floodplain management regulations and those permitted by G.S. 160A‑436, G.S. 160D‑1128, shall be effective until they have been officially approved by the Building Code Council as providing adequate minimum standards to preserve and protect health and safety, in accordance with the provisions of subsection (c) above.

(4)        Standards for local floodplain regulations. – Local floodplain regulations may regulate all types and uses of buildings or structures located in flood hazard areas identified by local, State, and federal agencies, and include provisions governing substantial improvements, substantial damage, cumulative substantial improvements, lowest floor elevation, protection of mechanical and electrical systems, foundation construction, anchorage, acceptable flood resistant materials, and other measures the political subdivision deems necessary considering the characteristics of its flood hazards and vulnerability.

(5)        Standards for local fire prevention codes. – In the absence of approval by the Building Code Council, or in the event that approval is withdrawn, local fire prevention codes and regulations shall have no force and effect. Provided any local regulations approved by the local governing body which are found by the Council to be more stringent than the adopted statewide fire prevention code and which are found to regulate only activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion or related hazards, and are not matters in conflict with the State Building Code, shall be approved.

(6)        Standards for local energy conservation code. – The Council shall approve local modification or replacement for the State Energy Conservation Code if it finds the local modification or replacement is at least as stringent as the State Energy Conservation Code. A failure by the Council to act on the submission of a local modification or replacement within six months from the date it receives a complete submittal of a local modification or replacement shall be deemed to be an approval of the submission.

(7)        Local enforcement. – Local governments may enforce the fire prevention code of the State Building Code using civil remedies authorized under G.S. 143‑139, 153A‑123, and 160A‑175. If the Commissioner of Insurance or other State official with responsibility for enforcement of the Code institutes a civil action pursuant to G.S. 143‑139, a local government may not institute a civil action under G.S. 143‑139, 153A‑123, or 160A‑175 based upon the same violation. Appeals from the assessment or imposition of such civil remedies shall be as provided in G.S. 160A‑434.

(8)        Construal of exception. – A local government may not adopt any ordinance in conflict with the exemption provided by subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the exemption provided by subsection (c1) of this section.

SECTION 2.  This act is effective when it becomes law.