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HomeMy WebLinkAboutAgenda - 09-04-2018 6-c - Resolution Approving a Policy of Additional Inspections for Residential ProjectsORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 4, 2018 Action Agenda Item No. 6 -c 1 SUBJECT: Resolution Approving a Policy of Additional Inspections for Residential Projects DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Resolution Michael Rettie, Chief Building Official, - Exhibit 1- Example of Inspections (919) 245 -2604 Being Required by Orange Craig Benedict, Planning Director, (919) County 245 -2592 - Exhibit 2- Resolution Petition Explanation 2. Session Law 2013 -118 PURPOSE: To consider a proposed resolution approving the Orange County's Inspections Division to perform additional code enforcement inspections for residential projects by policy, similar to the County's current level of service and number of specific inspections. BACKGROUND: As allowed by Session Law 2013 -118, the Orange County Inspections Division has submitted a request to the North Carolina Department of Insurance to have additional Inspections approved (see highlighted section of Attachment 2). Staff has been instructed by the North Carolina Building Code Council to solicit approval from the Orange County Board of Commissioners for the additional Building Code enforcement inspections. The Orange County Inspections Division requests to add an additional 35 specific inspection types (as the County has done historically), which would serve to facilitate a more systematic, timely and efficient inspection process. The requested inspections are essentially an expansion of the eight listed inspections identified in the NC Administrative Code and Policy into natural subcategories or parts, which are currently verified together under each macro - inspection type. Staff has listed these additional inspections with how each relates to the eight listed inspection types in Exhibit 2 to the proposed resolution. The proposed policy would ensure that builders and subcontractors have the flexibility and control over the scheduling and sequence of inspections when, in the construction schedule and process, the issue is most efficiently verified and repairs can be effectively made with minimal cost or delay. The Orange County Inspections Division, as well as those being served, would benefit by having certain components available for inspection when most accessible for verification. These inspections are intended to facilitate better construction projects by fostering a mutually beneficial partnership between the building community and Inspections Division. The additional P inspections allow builders to choose the needed inspections individually, in combinations and when they are most efficient to a project which could help manage project costs. The Orange County Inspections Division would have a greater variety of inspections for Building Safety Officials to verify the multitude of elements and also offer more options to record the result each inspection. Staff has been in contact with the Home Builders Association, which understands the logic of the proposal which is similar to the County's historic inspections suite of service. FINANCIAL IMPACT: There is no financial impact to Orange County. Individual approved inspections do not incur separate fees. Current permit fees are based on square footage and cover all necessary inspections of a project. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle /traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND -USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the attached Resolution, with associated exhibits, provided at Attachment 1. RES- 2018 -052 ATTACHMENT 1 3 A RESOLUTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING A POLICY FOR ADDITIONAL CODE ENFORCEMENT INSPECTIONS FOR RESIDENTIAL PROJECTS. WHEREAS, North Carolina General Statute (NCGS) 153A -352 allows a county to request approval of regular and routine inspections of residential buildings or structures in addition to those specific inspections required by NC Building Code from the North Carolina Building Code Council; and WHEREAS, the North Carolina Building Code Council has requested that the Orange County Board of Commissioners approve a resolution authorizing and supporting the Orange County Inspection Division to perform the listed additional inspections upon request by the Permit applicant, before acting upon the Inspections Division's petition; and WHEREAS, Orange County Inspections Division, in order to facilitate the safe construction of residential buildings and structures, developed the inspection list designed for greatest flexibility for the public while verifying construction at the most efficient and effective phase; and WHEREAS, Orange County building partners need the maximum flexibility to manage their projects and have critical building portions verified when most efficient and convenient to their project schedule; and WHEREAS, to protect the safety and welfare of Orange County residents through enforcement of the NC State Building Codes upon residential properties in Orange County, the Inspections Division needs the availability of the presented additional inspections to ensure critical portions of the building remain accessible and verifiable to the Building Safety Officials; and WHEREAS, the Board of County Commissioners finds the request consistent with the County's comprehensive plan goals, objectives and policies; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby agrees, via this formally adopted policy resolution, for the Orange County Inspections Division to perform the listed inspections as identified in Exhibit 1 of this resolution, beyond what is required by N.C. State Building Codes, when approved by the North Carolina Building Code Council. This the 4 day of September, 2018. Mark Dorosin, Chair Orange County Board of Commissioners ATTEST: Donna Baker, Clerk to the Board of County Commissioners El! EXHIBIT 1 of Resolution Example of Inspections Being Required by Orange County Below is the comprehensive list of Inspections Staff is requesting that the Orange County Board of County Commissioners support and accept as policy which will be conveyed to the NC Building Code Council for a request of approval: Deck footing I Modular marriage wall Concrete form I Brick lintel [bolted] Foundation projection Pre -brick / stone veneer Water proofing Temporary electrical [saw service] Masonry fireplace Temporary electrical final Building pre -slab Temporary mechanical final Garage Slab Building floor framing Plumbing in slab Deck final Mechanical in slab Electrical pool bond Electrical in slab I Electrical change of service Electrical in trench I Electrical service relocation Plumbing in trench Factory fireplace Mechanical in trench Restore electrical service Gas pipe in trench Plumbing final Plumbing rough -in Electrical final Mechanical rough -in I Mechanical final Electrical rough -in I Pool final Gas pressure test Requested Inspections: Deck footing: Decks are often built toward the end of a project or by a separate subcontractor. Having a separate inspection allows the Builder to schedule whenever this footing is ready. Concrete form: Formed concrete and pre -cast foundations require additional inspection considerations to accommodate multiple construction sequences and verification of reinforcement or connections that may be in addition to other areas of the building system that have conventional foundation systems. This allows basements to be verified prior to crawl space foundations being ready. 5 Foundation projection: The placement of foundations and piers upon the footing is critical for a stable foundation system. It is not uncommon for footing to be dug out of place. It also is typical for masons to simply build upon the misplaced footing or enlarge the footing to accommodate the pier or foundation. Inspectors typically use this inspection to verify foundation placement, mortar joints and correct block orientation. Water - proofing: This is only required for Basement houses but is a critical safety feature of a dry and stable project. The application of water -proof material is typically done with the final foundation construction. Staff offers this separate inspection to grant flexibility to when this application is verified. Masonry fireplace: Masonry fireplaces are not common but have specific criteria needed to ensure the system functions and performs as intended. An entire chapter of the Residential Code is devoted to these fireplaces. These systems are built by specialty contractors at various stages of the house construction process. Having its own inspection ensures adequate attention is provided thus ensuring this meets minimum Code standards. Building pre -slab: Building slabs can be complex systems, sometimes being the footing, foundation and floor of a building or just a floor for basements, porches or on elevated construction. A basement slab is inspected differently than a monolithic system where the footing and slab are one. This inspection allows the needed flexibility to schedule what specific type of inspection is needed for the project. Garage Slab: Garage slabs are typically poured after the building is constructed when the majority of heavy construction is completed but when the surface can be used for staging materials or fabricating elements. Plumbing in slab: The building "trades" are done by independent subcontractors who typically manage their own schedules and inspection preparation. The required inspection list limits these subcontractors to schedule their inspection when all trade contractors are ready. This inspection is necessary prior to the actual building slab preparation where thickened slab footings are formed; vapor barriers and reinforcement are installed. Mechanical in slab: Similar to Plumbing in slab mechanical systems we would offer flexibility to subcontractors to schedule when they are ready independent from other trades. Electrical in slab: Similar to Plumbing and Mechanical in slab inspections. Electrical in trench: Electrical installations outside the building typically are below ground and often done by several system subcontractors. This may include trenches for septic, well pump systems, outdoor lighting or service /feeders to other buildings or structures. Offering the flexibility of separate inspections would extend greater control and efficiency to each subcontractor. Plumbing in trench: Similar to Electrical in trench. This typically would be for septic or sewer drains and water service piping installations. Mechanical in trench: Similar to Electrical in trench. This commonly would be for GEO thermal trenches. L Gas pipe in trench: Similar to Electrical in trench. This would be for gas piping to the house or an outdoor appliance /equipment. Plumbing rough -in: Staff recognizes that each trade subcontractor is independent from the other trades. Offering a standalone inspection extends flexibility and efficiency to the subcontractor to have the system verified when they are prepared. These further offers the ability to install partial systems that may need special consideration prior to the completed installation; such as holding off installing a tub or shower until bathroom nearly completed. Mechanical rough -in: Similar to Plumbing rough -in. Electrical rough -in: Similar to Plumbing rough -in Gas pressure test: This inspection recognizes that the installation may be done by separate subcontractor from other Mechanical system and that tests of the piping system may need to be delayed while the rest of the Mechanical system is ready for inspection. Factory fireplace: Factory fireplaces are often installed by specialty installation technicians who are independent from the mechanical contractor. This offers the ability to have these different systems installed and inspected at different points of construction. Modular marriage wall: This inspection is associated with multiunit modular houses. These houses are built to NC Residential Code in a factory and transported in sections to the job site. This inspection recognizes this connection is not necessarily the only framing that will be done for the completed project. Brick lintel [bolted]: Installation of bolted brick lintels is per design documents and done when convenient for masons to complete their cladding work. Pre -brick / stone veneer: Weather proof cladding such as brick and adhered stone require specific support and connection details is verified to ensure compliant installations. Staff is seeking to offer flexibility and efficiency to the process by allowing this installation when construction process best suits the scaffolding and equipment necessary for application. Temporary electrical [saw service]: Construction sites run most efficiently when utility power is provided for workers to operate their tools and equipment. Offering this inspection recognizes that anyone may provide temporary electrical construction service equipment to a project, for safety inspections are necessary. Temporary electrical final: Construction projects can be complicated and need electrical systems energized for testing or climate control to complete construction. Temporary mechanical final: Combined with temporary electrical final the house systems can be operated prior to Certificate of Compliance /Occupancy. Building floor framing: This inspection ensures that the load transfer systems of the entire building are adequately provided and that the girder systems are correctly installed when it is most convenient to verify and able to be repaired or corrected without unnecessary effort or expense. rA Deck final: This inspection recognizes that decks are often constructed by subcontractors outside the typical final construction process. Staff supports the flexibility, with this inspection, to complete this portion of a project prior to the completed project. Electrical pool bond: Residential swimming pools are unique projects that require specialized verification of safety elements not found anywhere else in Residential construction. Pools are normally installed by independent specialty contractors outside the construction processes of the house itself. Electrical change of service: When electrical power is upgraded due to renovations or remodeling the re- establishment of that electrical power requires a special inspection while other work on the electrical system continues. Electrical service relocation: This inspection will address when an addition or renovation project needs the existing electrical service location to be moved to another part of the building and re- energized for continued electrical power to other portions of the building. This allows a temporary interruption of the power system in preparation for more extensive work to come. Restore electrical service: Power can be interrupted to a Building or structure due to natural disasters, fires, accident, vacancy or Power Company actions. Staff is asked to inspect the systems for safety prior to authorizing the Utility Power Company to energize the system. Plumbing final: Similar to rough -in inspections these trade subcontractors are independent from the others and Staff wishes to offer the flexibility to schedule the inspection when the preparations are completed. Electrical final: Similar to Plumbing Final. Mechanical final: Similar to Plumbing Final Pool final: This inspection recognizes that pool subcontractors complete the pool installation independently from the main building or before other phases of work being done by other contractors. Exhibit 2 of Resolution 8 PLANNING & INSPECTIONS DEPARTMENT Michael D. Rettie, Chief Building Official Building Inspections 131 W. Margaret Lane (919) 245 -2600 Suite 101 (919) 644 -3347 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 Resolution Petition Explanation Pursuant to S.L. 2013 -118 Orange County Inspections Division requests to have additional Inspections approved: Staff has been instructed by the North Carolina Building Code Council to solicit approval from the Orange County Board of County Commissioners for the additional Code enforcement inspections Staff is requesting to be approved for Orange County. Orange County Inspections Division has vested almost 20 years into fostering a working partnership with our Building Community. Over this time Staff has developed an efficient list of inspections. These inspections are crafted to give flexibility of scheduling for Builders when, in the construction schedule and process, the issue is most efficiently verified and repairs can be effectively made with minimal cost or delay. In 2013 when S.L. 2013 -118 was enacted, Orange County sought input from our construction Partners who, over - whelming, requested that Staff continue working with the established inspections protocol as Staff had in the past. Staff adjusted the inspections to include sub - inspections of the NC Administration and Policies Code section 107 list of 8 (7 for residential projects) inspections allowed. Staff's choice was predicated upon the understanding that residential projects need the flexibility of sequencing when Code issues could most efficiently be verified. Staff believed that this was not asking for "additional inspections" but rather that Staff were making the list more efficient and effective for the construction process, by expanding each of the seven inspections into their natural sub - sections. To date, Orange County has received no documented complaints regarding how Staff schedule or inspect construction projects in Orange County. According to Staff's regulatory agency NCDOI, Building Inspectors, statewide, performed over 2.7 million inspections last year and there were only two documented complaints regarding the type of inspection requested as having exceeded what was authorized by this Bill (since the Law was enacted). On February 1, 2018 the NC Code Official Qualification Board's chairman Bill Thunberg expressed that the Qualification Board's position is for Code Enforcement Officials to be held responsible for conducting residential inspections not specifically listed in section 107 of the Administrative Code and Policies. Upon receiving this position and reviewing the formal Interpretation regarding these inspections, put forth by NCDOI in April 2016, Orange County has restructured the required inspections to ONLY those 8 specifically listed in this Code section. The response from Orange County's building partners has been displeasure for this adjustment. Staff have been asked (by nearly 100% of permit Applicants) to allow the traditional inspection practices to continue, which had been working without complaint. Orange County Inspections petitioned the NC Building Code Council in March of 2014 to approve 46 separate additional Inspections. These petitions were not addressed nor acted upon by the Council. On March 12, 2018 Orange County Inspections attempted to submit new petitions for 35 residential inspections to the NC Building Code Council. At that time Staff was informed that the Council did not have a policy for how to process these requests. Staff was instructed to provide an example of our petition and return for the June 11, 2018 meeting to re- submit our request for these additional Inspections. At that June meeting the NC Building Code Council declined hearing the petitions without prior approval by the Orange County Board of County Commissioners and Town of Hillsborough's Board of Commissioners. Orange County Inspections Division maintains that restricting our building partners to only the 8 listed inspections creates unnecessary obstacles that may lead to our Building Safety Officials overlooking deficiencies and hazards due to the consolidation of the opportunities to perform Staff's sworn duties in an efficient and effective manner. What Staff is required to inspect has not been changed or diminished, only when Staff are able to view the process. Since adjusting to the Listed 8 inspections, Orange County Inspections Division is facing limitations of the Permitting computer systems that cannot adequately track the multiple "partially approved" inspections that are necessary to function within the limitation of the 8 inspections. Similarly requiring Orange County's Building Partners to hold -off, consolidate and adjust their scheduling to adhere to the fewer types of inspection options is costly, inefficient and arguably unnecessary. This request for a policy approval from the Orange County Board of Commissioners for the Orange County Inspections Division to add additional inspections would serve to facilitate a more timely and efficient inspection process (historically experienced prior to this Bill's enactment). This Policy would ensure the builder and sub - contractor has the flexibility and control over their scheduling and sequence of inspections and to effectively continue with Orange County's proven protocol. Orange County Inspections has a 98% rate of performing inspections for the next business day. Delays and increased cost of construction expected in the construction process, as a result from these additional inspections, is not supported by the history and experience over 20 years, as is argued by the NC Home Builders Association. Orange County Inspections Division maintains the focus upon working as partners with the building community and stakeholders. Staff provides information freely and works with these partners to meet their needs whenever possible. Staff seeks to be fair and consistent in our application of the minimum Code requirements. Staff listens to concerns and work to mitigate issues for all parties. The following table illustrates the comparable historic sub - inspections within the 8 master inspection categories notes in NCACP Section 107. 10 Historic When Historic EQUIVALENT TO When 8 Required Inspection Inspection NCACP SECTION Inspection are Is scheduled 107 8 REQUIRED scheduled INSPECTION Saw Service When Electric is needed for N/A Indicating "Saw Service" on construction. application grants authority to perform this inspection. Building Footing When excavation is Footing When all excavations for complete, may be divided the project site are into sections for phasing. complete. Deck Footing When excavation is Footing With Footing complete for deck /porch: no sequencing. Projection When CMU or forms are Foundation After all excavations for placed upon footing. Only footings are approved: one course of block needed, Foundation is before masons may be working grading either interior or during inspection. N/A exterior concrete forms. Foundation Concrete forms complete, Foundation Concrete forms in- place, crawl space is graded, masonry complete. Partial damp - proofing applied, crawl approval for required Water - drain provided and mud sill Proofing. No grading and placed. NO floor framing permitted. Modular foundation When Pier and tie -downs Foundation When installation is installed for on -frame complete, prior to setting modular buildings the house. Floor Framing May be combined with Building Framing Verified with whole Building foundation. Floor system framing. with point -load blocking, A special Inspection needed multiply members installed for pre -cast foundations to BEFORE sheathing. address floor system to stabilize wall system. Water- Proofing Basement foundations prior Foundation Verified with Foundation to backfill placement Concrete form Used for concrete foundation Foundation Scheduled in partially and reinforced Masonry approved sequences for walls. Maybe scheduled for multiple pours. multiple pours. Building Slab For all structural and non- Under -Slab After Under -Slab inspection structural slabs. After all [Building] approval. trade approvals when and slab is prepared for concrete placement. Multiple may be scheduled for different phases. Garage Slab When slab is prepared for Under -Slab With [Building] Slab. concrete placement. NO [Building] sequence Plumbing, In any sequence when utility Under -slab Prior to Foundation when all Mechanical or system is tested and ready. utilities are under test and Electrical in slab ready. Trenches Plumbing, Mechanical, Rough -in Included in Trade Rough -in Electrical, Gas pipe trench Inspection. inspections maybe scheduled whenever ready, no sequence. 11 Masonry Fireplace When firebox to the first flue Foundation All prior foundation liner and hearth extension Inspections partially are complete. No Sequence approved, scheduled when firebox to first flue liner is complete. Prior to Framing or Rough -in. Factory Fireplace Stand -alone Mechanical Rough -in Part of the overall Rough -in rough -in. When system is inspection. installed. Gas Pressure test: When piping that will be Rough -in Part of overall Rough -in Rough -in and Final concealed is tested. No Inspection. sequence. Pre - Brick, Pre -Stone Prior to cladding after Building Framing Inspected with Building weather - proofing and Framing. windows /doors installed. Representative pattern of Brick ties, weep flashing and Lath installed with weep screeds for stone veneers. No sequence Brick Lintels Bolted Lintels when installed Building Framing With Building Framing prior to loading with brick. Modular Marriage When sections are joined Building Framing Partial Building Framing wall together approval required. Pool Bond When bonding relating to Rough -in Combined with all Trade swimming pools are Rough -ins complete NFPA 13D sprinkler When designed system is Rough -in. With Trade Rough -in system complete and test provided. Inspections. Maybe part of Plumbing Inspections when a multipurpose system. No other sequence. Pre - Insulation During construction to verify Building Framing With Building Framing air - barrier installation. No Inspection sequence Restore Electrical Maybe scheduled when Final After Insulation approved. Service, Relocate needed. Service, Change -of- service Temporary Application required: After Electrical Final and Both systems are complete. Mechanical and wall finishes and either Mechanical Final Signing application grants Electrical service entire systems are complete authority to perform these or approved partial systems. inspections in addition to Must both be approved for Standard list. release of utility Deck Final When complete, No Final Project complete sequence, or with Building Final. Pool Final When Swimming Pool is Final With Final Inspections complete Consultation No sequence. Brings N/A Inquire when Inspector on Inspector to job site to site for scheduled address questions. inspection only. Partial Inspections Applicant may select to have N/A Must follow schedule, may unique portion of building schedule partials within this inspected to meet schedule to facilitate scheduling needs. technical feasibility issues. ATTACHMENT 2 12 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2013 -118 HOUSE BILL 120 AN ACT TO REQUIRE APPROVAL FROM THE NORTH CAROLINA BUILDING CODE COUNCIL BEFORE A UNIT OF LOCAL GOVERNMENT MAY REQUIRE BUILDING INSPECTIONS IN ADDITION TO THOSE REQUIRED BY THE BUILDING CODE; TO SPECIFY THE FREQUENCY AND EFFECTIVE DATES OF CODE UPDATES; AND TO EXEMPT CABLE TELEVISION EQUIPMENT INSTALLATION FROM BUILDING CODE REQUIREMENTS. The General Assembly of North Carolina enacts: SECTION 1.(a) G.S.153A -352 reads as rewritten: "§ 153A -352. Duties and responsibilities. O The duties and responsibilities of an inspection department and of the inspectors in it are to enforce within the county's territorial jurisdiction State and local laws and local ordinances and regulations relating to: (1) The construction of buildings; (2) The installation of such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems, and air - conditioning systems; (3) The maintenance of buildings in a safe, sanitary, and healthful condition; (4) Other matters that may be specified by the board of commissioners. These duties and responsibilities include receiving applications for permits and issuing or denying permits, making necessary inspections, issuing or denying certificates of compliance, issuing orders to correct violations, bringing judicial actions against actual or threatened violations, keeping adequate records, and taking any other actions that may be required to adequately enforce the laws and ordinances and regulations. The board of commissioners may enact reasonable and appropriate provisions governing the enforcement of the laws and ordinances and regulations. (b,) Except as provided in G.S. 153A -364, a county may not adopt a local ordinance or resolution or any other policy that requires regular, routine inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two - Family Dwellings in addition to the specific inspections required by the North Carolina Building Code without first obtaining approval from the North Carolina Building ode Council. The North Carolina Building Code Council shall review all applications for additional inspections requested by a county and shall, in a reasonable manner, approve or disapprove the additional inspections. This subsection does not limit the authority of the county to require inspections upon unforeseen or unique circumstances that require immediate action." SECTION 1.(b) G.S. 160A -412 reads as rewritten: "§ 160A -412. Duties and responsibilities. (aa,) The duties and responsibilities of an inspection department and of the inspectors therein shall be to enforce within their territorial jurisdiction State and local laws relating to (1) The construction of buildings and other structures; (2) The installation of such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems, and air - conditioning systems; (3) The maintenance of buildings and other structures in a safe, sanitary, and healthful condition; (4) Other matters that may be specified by the city council. 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 11111111111111111111 13 actual or threatened violations, the keeping of adequate records, and any other actions that may be required in order adequately to enforce those laws. The city council shall have the authority to enact reasonable and appropriate provisions governing the enforcement of those laws. Except as provided in G.S. 160A -424, a city may not adopt a local ordinance or resolution or any other policy that requires regular, routine inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two - Family Dwellings in addition to the specific inspections required by the North Carolina Building Code without first obtaining approval from the North Carolina Building Code Council. The North Carolina Building Code Council shall review all applications for additional inspections requested by and shall, in a reasonable manner, approve or disapprove the additional inspections. This subsection does not limit the authority of the city to require inspections upon unforeseen or unique circumstances that require immediate action." SECTION 2. G.S. 143- 138(d) reads as rewritten: "(d) Amendments of the Code. — The Building Code Council may periodically revise and amend the North Carolina State Building Code, either on its own motion or upon application from any citizen, State agency, or political subdivision of the State. In addition to the periodic revisions or amendments made by the Council, the Council shall revise the North Carolina State Building Code: Residential Code for One- and Two - Family Dwellings, including provisions applicable to One- and Two - Family Dwellings from the NC Energy Code, NC Electrical Code, NC Fuel Gas Code, NC Plumbing Code, and NC Mechanical Code only every six years, to become effective the first day of January of the following year, with at least six months between adoption and effective date. The first six -year revision under this subsection shall be adopted to become effective January 1, 2019, and every six years thereafter. In adopting any amendment, the Council shall comply with the same procedural requirements and the same standards set forth above for adoption of the Code. The Council, through the Department of Insurance, shall publish in the North Carolina Register and shall post on the Council's Web site all appeal decisions made by the Council and all formal opinions at least semiannually. The Council, through the Department of Insurance, shall also publish at least semiannually in the North Carolina Register a statement providing the accurate Web site address and information on how to find additional commentary and interpretation of the Code." SECTION 3. G.S. 143- 138(b8) reads as rewritten: "(b8) Nothing in this Article shall extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of (1) equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuel purposes or anhydrous ammonia or other liquid fertilizers, except for liquefied petroleum gas from the outlet of the first stage pressure regulator to and including each liquefied petroleum gas utilization device within a building or structure covered by the Code, or (2) equipment or facilities, other than buildings, of a public utility, as defined in G.S. 62 -3, a cable television company, or an electric or telephone membership corporation, including without limitation poles, towers, and other structures supporting eleetfie electric, cable television, or communication lines." SECTION 3.5. The Department of Insurance shall post and maintain on its Web site written commentaries and written interpretations made and given by staff to the North Carolina Building Code Council and the Department for each section of the North Carolina Building Code. SECTION 4. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. Page 2 Session Law 2013 -118 House Bill 120 2013. 14 SECTION 5. This act becomes effective July 1, 2013. In the General Assembly read three times and ratified this the 13th day of June, s/ Daniel J. Forest President of the Senate s/ Thom Tillis Speaker of the House of Representatives s/ Pat McCrory Governor Approved 4:09 p.m. this 19th day of June, 2013 House Bill 120 Session Law 2013 -118 Page 3