The provisions of this chapter and of the regulatory codes herein adopted shall apply to the following:

(1)

The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use and occupancy of every building or structure or any appurtenances connected or attached to a building or structure;

(2)

The installation, erection, alteration, repair, use and maintenance of plumbing systems, consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems and all fixtures and appurtenances thereof;

(3)

The installation, erection, alteration, repair, use and maintenance of mechanical systems, consisting of heating, ventilating, air conditioning and refrigeration systems, fuel burning equipment and appurtenances thereof; and

(4)

The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof.

(Code 1984, § 150.01; Code 2007, § 150.01)

The most current edition of the North Carolina State Building Code, Volume I, General Construction, as adopted by the state building code council and as amended, is hereby adopted by reference, as though fully set forth herein, as the building code of the town to the extent the code is applicable for safe and stable design, methods of construction, minimum standards and use of materials in buildings or structures erected, enlarged, altered, repaired or otherwise constructed or reconstructed.

(Code 1984, § 150.02; Code 2007, § 150.02)

The most current edition of the state plumbing code (North Carolina State Building Code, Volume II, Plumbing), as adopted and published by the state building code council and as amended, is hereby adopted by reference, as though fully set forth herein, as the plumbing code for the town.

(Code 1984, § 150.03; Code 2007, § 150.03)

The most current edition of the state heating code (North Carolina State Building Code, Volume III, Heating), as adopted and published by the state building code council and as amended, is hereby adopted by reference, as though fully set forth herein, as the heating code for the town.

(Code 1984, § 150.04; Code 2007, § 150.04)

The most current edition of the state electrical code (North Carolina State Building Code, Volume IV, Electrical), adopting by reference the National Electrical Code of the National Fire Protection Association, as adopted by the state building code council and as amended, is hereby adopted by reference, as though fully set forth herein, as the electrical code for the town.

(Code 1984, § 150.05; Code 2007, § 150.05)

The most current edition of the state uniform residential building code, as adopted by the state building inspectors association and as published by the state building code council, is hereby adopted by reference, as though fully set forth herein, as the residential building code for one- and two-family residential buildings in the town.

(Code 1984, § 150.06; Code 2007, § 150.06)

Amendments to the regulatory codes adopted by reference in this article, which are from time to time adopted and published by the agencies or organizations referred to herein, shall be effective in the town at the time those amendments are filed with the town clerk/finance officer, as provided in section 15-29.

(Code 1984, § 150.07; Code 2007, § 150.07)

(a)

All buildings or structures which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, demolished or moved shall conform to the requirements, minimum standards and other provisions of either the North Carolina State Building Code, Volume I, or the state uniform residential building code, whichever is applicable, or of both, if both are applicable.

(b)

Every building or structure intended for human habitation, occupancy or use shall have plumbing, plumbing systems or plumbing fixtures installed, constructed, altered, extended, repaired or reconstructed in accordance with the minimum standards, requirements and other provisions of the state plumbing code (North Carolina State Building Code, Volume II, Plumbing).

(c)

All mechanical systems consisting of heating, ventilating, air conditioning and refrigeration systems, fuel burning equipment and appurtenances shall be installed, erected, altered, repaired, used and maintained in accordance with the minimum standards, requirements and other provisions of the state heating code (North Carolina State Building Code, Volume III, Heating).

(d)

All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used and maintained in accordance with the minimum standards, requirements and other provisions of the state electrical code (North Carolina State Building Code, Volume IV, Electrical).

(Code 1984, § 150.08; Code 2007, § 150.08)

An official copy of each regulatory code adopted in this article, and official copies of all amendments thereto, shall be kept on file in the office of the town clerk/finance officer. These copies shall be the official copies of the codes and the amendments.

(Code 1984, § 150.09; Code 2007, § 150.09)

(a)

The following primary fire district is established for the town: A depth of 200 feet on each side of Main Street, between Liberty and Fifth Streets.

(b)

The following secondary fire district is established for the town: All of the area within the town zoned for business purposes, excluding therefrom the area included in the primary fire district. It shall be unlawful to erect any building of frame construction or unprotected metal construction within the secondary fire district, but it shall be permissible and lawful to construct buildings in this area of masonry construction, provided that the exterior walls of the building are at least eight inches in thickness, with an allowance of 35 percent void when using concrete or other similar block construction.

(Code 1984, § 150.10; Code 2007, § 150.10)

(a)

Every person carrying on the business of building contractor, plumbing contractor, heating and air conditioning contractor or electrical contractor within the town shall register at the office of the inspection department, giving his name and place of business.

(b)

Every person required to register at the office of the inspection department under subsection (a) of this section shall also give a good and sufficient bond in the sum established from time to time, to be approved by the town attorney, conditioned upon faithful performance of duty in doing any work which such person may have contracted to do, and shall indemnify the town against loss in any manner whatsoever for any unskilled or negligent work or conduct in the performance of the duties imposed by the provisions of this chapter or any regulatory code herein adopted, or any damage to any utility lines, streets or sidewalks in the town, or for the use of defective or improper material in that work, or for any damage which may accrue to any person by reason of any default of the contract, or for the payment of any inspection or other fees required by this chapter.

(Code 1984, § 150.11; Code 2007, § 150.11)

(a)

No person shall commence or proceed with the construction, reconstruction, alteration, repair, movement to another site, removal or demolition of any building or structure; the installation, extension or general repair of any plumbing system; the installation, extension, alteration or general repair of any heating or cooling equipment system; or the installation, extension, alteration or general repair of any electrical wiring, devices, appliances or equipment without first securing from the inspection department any and all permits required by the state building code and any other state or local laws applicable to the work.

(b)

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. No permits shall be issued unless the plans and specifications are identified by the name and address of the author thereof, and if state law requires 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 state seal of a registered architect or of a registered engineer. When any provision of state law 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 a duly licensed contractor.

(c)

No permit issued under G.S. 143-136 through 143-143.2 shall be required for any construction, installation, repair, replacement or alteration with a total cost of $5,000.00 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 state uniform residential building code; or the addition (excluding replacement of like grade of fire resistance) of roofing. Violation of this section shall constitute a misdemeanor.

(Code 1984, § 150.20; Code 2007, § 150.25)

(a)

Detailed plans and specifications shall accompany each application for a permit when the estimated total cost of the building or structure is in excess of $20,000.00 and for any other building or structure where plans and specifications are deemed necessary by the appropriate inspector in order for said inspector to determine whether the proposed work complies with the appropriate regulatory codes.

(b)

Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed, and the plans and specifications together shall contain information sufficient to indicate that the work proposed will conform to the provisions of this chapter and the appropriate regulatory codes.

(c)

Where plans and specifications are required, a copy of the same shall be kept at the work until all authorized operations have been completed and approved by the appropriate inspector.

(Code 1984, § 150.21; Code 2007, § 150.26)

(a)

Issuance. When proper application for a permit has been made and the appropriate inspector is satisfied that the application and the proposed work comply with the provisions of this chapter and the appropriate regulatory codes, he shall issue the permit, upon payment of the proper fee provided in section 15-54.

(b)

Limitations on issuance.

(1)

No building permit shall be issued for any building or structure, the estimated total cost of which is more than $20,000.00, unless the work is to be performed by a licensed general contractor.

(2)

If state law requires that plans for certain types of work be prepared only by a registered architect or registered engineer, no building permit shall be issued for any building or structure, unless the plans and specifications bear the state seal of a registered architect or a registered engineer.

(3)

Where any provision of the general statutes of the state or of any provision of this Code or other ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for the work shall be issued, unless it is to be performed by a licensed specialty contractor.

(4)

Where detailed plans and specifications are required under this chapter, no building permit shall be issued, unless the plans and specifications have been provided.

(Code 1984, § 150.22; Code 2007, § 150.27)

(a)

Fees for permits shall be based upon the total estimated cost of the proposed work, including all subcontracts, if any, but in no case shall the total estimated cost be less than the market value of similar completed work in the town, as determined by the appropriate inspector.

(b)

Permit fees shall be as established from time to time by the town council. Schedules of the fees shall be maintained on file in the offices of the appropriate inspectors.

(Code 1984, § 150.23; Code 2007, § 150.28)

(a)

All permits issued under this chapter shall expire by limitation six months after the date of issuance if the work authorized by the permit has not been commenced.

(b)

If, after commencement, the work is discontinued for a period of 12 months, the permit therefor shall immediately expire. No work authorized by any permit which has expired shall thereafter be performed, until a new permit therefor has been secured.

(Code 1984, § 150.24; Code 2007, § 150.29)

After a permit has been issued, no changes or deviations from the terms of the application plans and specifications, or permit, except where changes or deviations are clearly permissible under the state building code, shall be made, until specific written approval of the changes or deviations has been obtained from the inspection department.

(Code 1984, § 150.25; Code 2007, § 150.30)

The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing, stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans or specifications; for refusal or failure to comply with requirements of this chapter and the appropriate regulatory codes; or for false statements or misrepresentations made in securing the permits.

(Code 1984, § 150.26; Code 2007, § 150.31)

When the inspector finds any defects in a building or finds that the building has not been constructed in accordance with the applicable state and local laws, or that a building because of its condition is dangerous or contains fire hazardous conditions, it shall be his duty to notify the owner or occupant of the building of its defects, hazardous conditions or failure to comply with law. The owner or occupant shall each immediately remedy the defects, hazardous conditions or violations of law in the property.

(Code 1984, § 150.35; Code 2007, § 150.45)

(a)

Every building which shall appear to the inspector to be especially dangerous to life because of its liability to fire or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress or other causes, shall be held to be unsafe, and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building.

(b)

If any person shall remove any notice that has been affixed to any building or structure by the inspector that states the dangerous character of the building or structure, he shall be guilty of a misdemeanor.

(Code 1984, § 150.36; Code 2007, § 150.46)

(a)

If the owner of a building or structure that has been condemned as unsafe pursuant to section 15-79(a) shall fail to take prompt corrective action, the inspector shall give said owner written notice, by certified or registered mail to the last known address or by personal service:

(1)

That the building or structure is in a condition that appears to constitute a fire or safety hazard or to be dangerous to life, health or other property;

(2)

That a hearing will be held before the inspector at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

(3)

That, following the hearing, the inspector may issue an order to repair, close, vacate or demolish the building or structure as appears appropriate.

(b)

If the name or whereabouts of the owner cannot, after due diligence, be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten days prior to the hearing, and a notice of the hearing is published in a newspaper having general circulation in the town at least once not later than one week prior to the hearing.

(c)

If, upon a hearing held pursuant to the notice prescribed in subsections (a) and (b) of this section, the inspector shall find that the building or structure is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health or other property, the inspector shall make an order in writing, directed to the owner of the building or structure, requiring the owner to remedy the defective conditions by repairing, closing, vacating or demolishing the building or structure or taking other necessary steps, within a period, not less than 60 days, that the inspector may prescribe. However, where the inspector finds that there is imminent danger to life or other property, the inspector may order that corrective action be taken in a lesser period as may be feasible.

(Code 1984, § 150.37; Code 2007, § 150.47)

(a)

Any owner who has received an order under section 15-80(c) may appeal from the order to the town council by giving notice of appeal in writing to the inspector and to the town clerk/finance officer within ten days following issuance of the order.

(b)

In the absence of an appeal, the order of the inspector shall be final. The town council shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(Code 1984, § 150.38; Code 2007, § 150.48)

If the owner of a building or structure fails to comply with an order issued pursuant to section 15-82(c) from which no appeal has been taken or fails to comply with an order of the town council following an appeal, he shall be guilty of a misdemeanor and shall be punished in the discretion of the court.

(Code 1984, § 150.39; Code 2007, § 150.49)

(a)

The inspection department shall consist of a building inspector, a plumbing inspector, a heating-air conditioning inspector, an electrical inspector and other inspectors or deputy or assistant inspectors as may be authorized by the town council. The town council may, in its discretion, designate a department head.

(b)

On and after the applicable date set forth in the schedule in G.S. 160D-402, no town shall employ an inspector to enforce the state building code as a member of the town inspection department who does not have one of the following types of certificates issued by the state code officials qualification board attesting to his qualifications to hold the position:

(1)

A probationary certificate, valid for one year only;

(2)

A standard certificate; or

(3)

A limited certificate which shall be valid only as an authorization for him to continue in the position held on the date specified in G.S. 143-151.13(c) and which shall become invalid if he does not successfully complete in-service training specified by the qualification board within the period specified in G.S. 143-151.13(c).

(c)

An inspector holding one of the above certificates can be promoted to a position requiring a higher level certificate only upon issuance by the qualification board of a standard certificate or probationary certificate appropriate for the new position.

(Code 1984, § 150.50; Code 2007, § 150.60)

(a)

Duty; enforcement.

(1)

It shall be the duty of the inspection department to enforce all of the provisions of this chapter and of the regulatory codes adopted herein, and to make all inspections necessary to determine whether or not the provisions of this chapter and the codes are being met.

(2)

The North Carolina State Building Code, Volume I and the state uniform residential building code shall be enforced by the building inspector.

(3)

The state plumbing code shall be enforced by the plumbing inspector.

(4)

The state heating code shall be enforced by the heating-air conditioning inspector.

(5)

The state electrical code shall be enforced by the electrical inspector.

(b)

Other duties.

(1)

Other duties and responsibilities of the inspection department and of the inspectors therein shall be to enforce within the town the state and local laws relating to the construction of buildings and other structures; the installation of facilities, such as plumbing systems, electrical systems, heating systems, refrigeration systems and air-conditioning systems; the maintenance of buildings and other structures in a safe, sanitary and healthful condition; and other matters that may be specified by the town council.

(2)

These duties shall include the receipt of applications for permits and the issuance or denial of permits, the making of any necessary inspections, the issuance or denial of certificates of compliance, the issuance of orders to correct violations, the bringing of judicial actions against actual or threatened violations, the keeping of adequate records and any other actions that may be required in order to adequately enforce those laws. The town council shall have the authority to enact reasonable and appropriate provisions governing the enforcement of those laws.

(c)

Inspectors. Inspectors are also authorized, empowered and directed to enforce all the provisions of this chapter and the regulatory codes herein adopted.

(d)

Right of entry. Inspectors shall have the right of entry on any premises within the jurisdiction of the inspection department, at all reasonable hours, for the purpose of inspection or other enforcement action, upon presentation of proper credentials.

(e)

Stop orders. Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered or repaired in a hazardous manner or in substantial violation of any state or town building law, or in a manner that endangers life or property, the appropriate inspector may order the specific part of the work that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing to the person doing the work, and shall state the specific work to be stopped, the specific reasons therefor, and the conditions under which the work may be resumed.

(1)

The owner or builder may appeal from a stop order involving alleged violation of the state building code or any approved local modification thereof to the state commissioner of insurance within a period of five days after the order is issued. Notice of appeal shall be given in writing to the commissioner of insurance, with a copy to the town inspector. The commissioner of insurance shall promptly conduct a hearing at which the appellant and the inspector shall be permitted to submit relevant evidence and shall rule on the appeal as expeditiously as possible. Pending the ruling by the commissioner of insurance on an appeal, no further work shall take place in violation of a stop order.

(2)

Appeals from a stop order based on violation of any other town ordinance relating to buildings shall be taken to the local official designated by the town, and shall be taken, heard and decided in the same manner as prescribed herein for appeals to the commissioner. Violation of a stop order shall constitute a misdemeanor.

(Code 1984, § 150.51; Code 2007, § 150.61)

(a)

No member of the inspection department shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of any building within the town's jurisdiction or any part or system thereof, or in the making of plans or specifications therefor, unless he is the owner of the building.

(b)

No member of the inspection department shall engage in any work which is inconsistent with such member's duties or with the interests of the town.

(Code 1984, § 150.52; Code 2007, § 150.62)

(a)

The inspection department shall keep complete and accurate records in convenient form of all applications received, permits issued, inspections and re-inspections made, defects found, certificates of compliance granted and all other work and activities of the inspection department.

(b)

These records shall be kept in the manner and for the periods prescribed by the state department of cultural resources. Periodic reports shall be submitted to the town council and to the state commissioner of insurance as by ordinance, rule, or regulation shall be required.

(Code 1984, § 150.53; Code 2007, § 150.63)

(a)

Inspections of work in process. The inspection department shall inspect all buildings and structures and work therein for which a permit of any kind has been issued as often as necessary in order to determine whether the work complies with this chapter and the appropriate codes. When deemed necessary by the appropriate inspector, materials and assemblies may be inspected at the point of manufacture or fabrication, or inspections may be made by approved and recognized inspection organizations. However, no approval shall be based upon reports of those organizations, unless the same are in writing and certified by a responsible officer of the organization. All holders of permits, or agents, shall notify the inspection department and the appropriate inspector at each of the following stages of construction, so that approval may be given before work is continued.

(1)

Foundation inspection. The foundation inspection is:

a.

To be made after trenches are excavated and the necessary reinforcement and forms are in place, and before concrete is placed.

b.

Drilled footings, piles and similar types of foundations shall be inspected as installed.

(2)

Framing inspection. The framing inspection is:

a.

To be made after all structural framing is in place and all roughing-in of plumbing and electrical and heating has been installed, after all fire blocking, chimneys, bracing and vents are installed, but before any of the structure is enclosed or covered.

b.

Poured-in-place concrete structural elements shall be inspected before each pour of any structural member.

(3)

Fireproofing inspection. The fireproofing inspection is to be made after all areas required to be protected by fireproofing are lathed, but before the plastering or other fireproofing is applied.

(4)

Final inspection. The final inspection is to be made after the building or structure has all doors hung and fixtures set and is ready for occupancy, but before the building is occupied.

(b)

Calls for inspection. Request for inspections may be made to the office of the inspection department or to the appropriate inspector. The inspection department shall make inspections as soon as practicable after requests are made therefor, provided the work is ready for inspection at the time the request is made.

(1)

Re-inspections may be at the convenience of the inspector. No work shall be inspected until it is in proper and completed condition ready for inspection. All work which has been concealed before the inspection and approval shall be uncovered at the request of the inspector and placed in condition for proper inspection. Approval or rejection of the work shall be furnished by the appropriate inspector in the form of a notice posted on the building or given to the permit holder or agent.

(2)

Failure to call for inspections or proceeding without approval at each stage of construction shall be deemed a violation of this chapter.

(c)

Street or alley lines.

(1)

Where the applicant for a permit proposes to erect any building or structure on the line of any street, alley or other public place, the applicant shall secure a survey of the line of the street, alley or other public place adjacent to the property upon which the building or structure is to be erected before proceeding with construction of the building or structure.

(2)

It shall be the duty of the building inspector to see that the building does not encroach upon the street, alley or other public place.

(d)

Certificates of compliance.

(1)

At the conclusion of all work done under a permit, the appropriate inspector shall make a final inspection, and if the completed work complies with all applicable state and local laws and with the terms of the permit, a certificate of compliance shall be issued.

(2)

No new building or part thereof may be occupied, no addition or enlargement of an existing building may be occupied, and no existing building that has been altered or moved may be occupied, until the inspection department has issued a certificate of compliance.

(3)

A temporary certificate of compliance may be issued permitting occupancy for a stated period of specified portions of the building that the inspector finds may safely be occupied prior to final completion of the entire building.

(4)

Violation of this section shall constitute a misdemeanor.

(e)

Periodic inspections.

(1)

The inspection department shall make periodic inspections, subject to the board of commissioner's directions, for unsafe, unsanitary or otherwise hazardous and unlawful conditions in structures within its territorial jurisdiction.

(2)

In addition, it shall make inspections when it has reason to believe that the conditions may exist in a particular structure.

(3)

In exercising this power, members of the department shall have a right to enter on any premises within the jurisdiction of the department at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials.

(Code 1984, § 150.54; Code 2007, § 150.64)

No oversight or dereliction of duty on the part of any inspector or other official or employee of the inspection department shall be deemed to legalize the violation of any provision of this chapter or any provision of any regulatory code herein adopted.

(Code 1984, § 150.55; Code 2007, § 150.65)

(a)

Unless otherwise provided by law, appeals from any order, decision or determination by a member of the inspection department pertaining to the state building code or other state building laws shall be taken to the commissioner of insurance or other official specified in G.S. 143-139, by filing a written notice with him and with the inspection department within a period of ten days after the order, decision or determination.

(b)

Further appeals may be taken to the state building code council or to the courts as provided by law.

(Code 1984, § 150.97; Code 2007, § 150.66)

Whenever any violation is denominated a misdemeanor under the unsafe buildings provisions of this chapter, the town, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved.

(Code 1984, § 150.98; Code 2007, § 150.67)

Whoever violates any provision of this chapter shall be subject to the penalties provided in section 1-19.

(Code 1984, § 150.99; Code 2007, § 150.99)