1.    2012 NC Residential Code transition

Background: the NC Building Code family initially had two transition schedules for the 2012 code change cycle;

·      The 2012 NC Building, Fire Prevention, Mechanical, Plumbing and Fuel Gas Codes had a transition period of September 1, 2011 through March 1, 2012.

·      The 2012 NC Residential Code and NC Energy Conservation Code; had a transition period of January 2, 2012 through March 1, 2012.

However, because of the unavailability of both code books and training on the Residential and Energy Codes, on December 12, the NC Building Code Council (BCC) voted to make all code transitions end on June 1, 2012.  NC Dept. of Insurance (DOI) later gave conflicting instructions that the Residential Code and Energy Conservation Code must be effective on March 1, 2012. 

Customer direction; while Code Enforcement took an early position that the BCC date should prevail, when DOI insisted on the March 1 date, Code Enforcement fell back to a position of being as liberal as possible in allowing customers to fall under the 2009 code if they had applied for a permit on 2/29/12 (as opposed to having gained permit issuance). We publicized this position and broadcasted it heavily to customers February 27-29.

Availability of the code; on March 1, 2012, DOI negotiated with the International Code Council (ICC) to gain customer electronic access to a draft version of the 2012 NC Residential Code.  At this writing, all 2012 NC Building Code books are available both on line at the ICC web site, as well as in print form through ICC or the North Carolina Department of Insurance. The 2011 NC Electrical Code continues to be unavailable, as it moves through an appeal to the Rule Review Commission, throwing it into 2012 legislative process, so an implementation date has not been set as of today. The 2012 NC Residential Code may be viewed on line at this address.

2.    2012 NC Building Code Commercial Project Transition Rules

Customers should note the rules for commercial project code transitions in this code change cycle are different from those described above for residential projects (the latter being given an exception because of the extreme confusion surrounding the 2012 Residential Code change).  Since 1997 the Department has maintained a consistent policy on code change transitions, stipulating that when the BCC specified transition period is lengthy, “...we see no reason to extend this with an additional grace period beyond…”.  In applying that policy to the 2012 code change cycle, through several e-mails to customers starting in July 2011, we advised customers they must gain commercial project permits (not just have applied for the permit) by the end of the transition period.  Exceptions to this rule are rarely granted by the Director and only for projects which have all disciplines and agencies approved, and are waiting for final comments in state or federal reviews.

It is very important that professionals closely monitor their work to carefully determine when a project’s design basis must switch to the new 2012 NC State Building Code family to comply with the above transition period requirements.  Commercial projects not permitted by June 1, 2012 must comply with the 2012 NC State Building Code family, regardless of when they entered the system for permitting.

3.    Code Enforcement FY13 Budget Proposal

In reviewing the FY13 budget proposal, both the BDC and Department recognized improving trends in design and construction activity.  With the BDC’s unanimous support in their March 20 meeting, the Department proposed an increase in current expense levels, including increasing staff from the current 134 full time employee (FTE) level to 144 FTE’s. We also proposed immediately adding eight of those same positions (3 plans examiners, 3 inspectors and 2 administrative personnel supporting the field), and the BOCC approved that request on March 20.  In requesting these added positions, the Department noted a significant strengthening of the local commercial construction activity in FY12, specifically noting the following;

·      Commercial 1^st plan review counts are running 11% ahead of FY11. 

·      Commercial project permit counts at mid-year are on a pace roughly 19% ahead of FY11.

·      Construction inspection counts overall are 9.5% ahead of FY11, heading into the highest demand period of the year, April through October.

·      The upcoming Democratic National Convention and related projects will likely increase service demand considerably.

So the proposal to add these ten positions is very much about staying ahead of the customer service demand curve as it slowly, but more certainly, picks up momentum.  At the same time, as workload grows, this will allow us to continue meeting our ISO training goals to assure staff stays current on changes in both the Building Code and construction methods.

The entire FY13 budget proposal is still subject to BOCC action on June 5.  In advancing the FY13 budget proposal, both the BDC and Department recognized an FY12 overall revenue stream that is approximately 30% above projections as well as construction value permitted levels running roughly 90% above FY11.  Most importantly, key BDC members felt these figures were not an aberration, and we could expect continued moderately strong growth, especially on the commercial project side, through FY13.