North Carolina General Statutes 143-140. (Effective until January 1, 2025) Hearings before enforcement agencies as to questions under Building Code
(a) Any person desiring to raise any question under this Article or under the North Carolina State Building Code shall be entitled to a technical interpretation from the appropriate enforcement agency, as designated in the preceding section. Upon request in writing by any such person, the enforcement agency through an appropriate official shall within a reasonable time provide a written interpretation, setting forth the facts found, the decision reached, and the reasons therefor. In the event of dissatisfaction with such decision, the person affected shall have the options of:
(1) Appealing to the Building Code Council or
Terms Used In North Carolina General Statutes 143-140
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Appealing directly to the Superior Court, as provided in N.C. Gen. Stat. § 143-141
(b) If an interpretation under this section or under N.C. Gen. Stat. § 143-141(b) changes after a building permit is issued, the permit applicant may choose which version of the interpretation will apply to the permit, unless such a choice would cause harm to life or property. (1957, c. 1138; 1989, c. 681, s. 4; 2017-130, s. 6.)
§ 143-140. (Effective January 1, 2025) Hearings before enforcement agencies as to questions under the North Carolina State Building Code.
(a) Any person desiring to raise any question under this Article or under the North Carolina State Building Code shall be entitled to a technical interpretation from the appropriate enforcement agency, as designated in the preceding section. Upon request in writing by any such person, the enforcement agency through an appropriate official shall within a reasonable time provide a written interpretation, setting forth the facts found, the decision reached, and the reasons therefor. In the event of dissatisfaction with such decision, the person affected shall have the options of:
(1) Appealing to the Building Code Council or the Residential Code Council.
(2) Appealing directly to the Superior Court, as provided in N.C. Gen. Stat. § 143-141
(b) If an interpretation under this section or under N.C. Gen. Stat. § 143-141(b) changes after a building permit is issued, the permit applicant may choose which version of the interpretation will apply to the permit, unless such a choice would cause harm to life or property. (1957, c. 1138; 1989, c. 681, s. 4; 2017-130, s. 6; 2023-108, s. 1(a).)