(A) 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 such codes are being met. The North Carolina State Building Code, Volume I, General Construction, and the North Carolina Uniform Residential Building Code shall be enforced by the Building Inspector. The North Carolina Plumbing Code shall be enforced by the Plumbing Inspector. The North Carolina State Electrical Code shall be enforced by the Electrical Inspector.
(B) (1) Other duties and responsibilities of the Inspection Department and of the inspectors therein shall be to enforce within the town, state, and local laws relating to:
(a) The construction of buildings and other structures;
(b) The installation of such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems, and air-conditioning systems;
(c) The maintenance of buildings and other structures in a safe, sanitary, and healthful condition; and
(d) 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 in a timely manner, 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 adequately to enforce those laws. The Town Council shall have the authority to enact reasonable and appropriate provisions governing the enforcement of those laws.
(3) Except as provided in G.S. § 160A-424, the town may not adopt or enforce 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 the town and shall, in a reasonable manner, approve, or disapprove the additional inspections. This division does not limit the authority of the town to require inspections upon unforseen or unique circumstances that require immediate action. In performing the specific inspections required by the North Carolina Building Code, the inspector shall conduct all inspections requested by the permit holder for each scheduled inspection visit. For each requested inspection, the inspector shall inform the permit holder of instances in which the work inspected is incomplete or otherwise fails to meet the requirements of the North Carolina Residential Code for one- and two-family dwellings.
(G.S. § 160A-412(b))
(C) 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. If a permit has been obtained by an owner exempt from licensure under G.S. 87-1(b)(2), no inspection shall be conducted without the owner being personally present, unless the plans for the building were drawn and sealed by an architect licensed pursuant to G.S. Ch. 83A.
(G.S. § 160A-420)
(E) Stop orders.
(1) 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. Such stop order shall be in writing, directed 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.
(2) 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 North Carolina Commissioner of Insurance or his designee within five days after the day the order is issued. The owner or builder shall give to the Commissioner of Insurance or his designee written notice of appeal, with a copy to the Town Inspector. The Commissioner of Insurance or his designee shall as expeditiously as possible provide a written statement of the decision setting forth the facts found, the decision reached, and the reasons for the decision. Pending the ruling by the Commissioner of Insurance or his designee on an appeal, no further work may take place in violation of a stop order. In the event of dissatisfaction with the decision, the person affected shall have the options of:
(a) Appealing to the Building Code Council; or
(b) Appealing to the Superior Court as provided in G.S. § 143-141.
(3) The owner or builder may appeal from a stop order involving violation of a local zoning ordinance by giving notice of appeal in writing to the Board of Adjustment. The appeal shall be heard and decided within the period established by the ordinance, or if none is specified, within a reasonable time. No further work shall take place in violation of a stop order pending a ruling.
(4) (a) Violation of a stop order shall constitute a misdemeanor. (Effective until October 1, 1994).
(b) Violation of a stop order shall constitute a Class 1 misdemeanor. (Effective October 1, 1994).
(G.S. § 160A-421)
Statutory reference:
Duties and responsibilities, see G.S. § 160A-412
Failure to perform, see G.S. § 160A-416