North Carolina SB 1039: Construction Inspection Efficiency Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1039

Short Title: Construction Inspection Efficiency Act. (Public)
Sponsors: Senators Chaudhuri and Lee (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1039-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE OWNERS, PERMIT HOLDERS, CONTRACTORS LISTED ON 2
A PERMIT, AND AUTHORIZED AGENTS TO USE CERTIFIED AND REGISTERED 3
PRIVATE CONSTRUCTION INSPECTORS OR REGISTERED PRIVATE 4
CONSTRUCTION INSPECTION FIRMS FOR RESIDENTIAL AND COMMERCIAL 5
BUILDINGS AND STRUCTURES WHEN A LOCAL INSPECTION DEPARTMENT 6
FAILS TO CONDUCT A REQUESTED INSPECTION WITHIN TEN BUSINESS DAYS 7
OR BY AN AGREED-UPON DATE, AND TO ESTABLISH REQUIREMENTS FOR 8
QUALIFICATION, REGISTRATION, REPORTING, CONFLICTS OF INTEREST, FEES, 9
FORMS, FEE RECONCILIATION, AND PRIVATE CERTIFICATES OF STATE 10
BUILDING CODE COMPLIANCE RELATED TO PRIVATE CONSTRUCTION 11
INSPECTIONS. 12
The General Assembly of North Carolina enacts: 13
14
PART I. PRIVATE CONSTRUCTION INSPECTOR CERTIFICATION AND 15
REGISTRATION 16
SECTION 1.1. G.S. 143-151.8 reads as rewritten: 17
"§ 143-151.8. Definitions. 18
(a) The following definitions apply in this Article: 19
... 20
(3) Code enforcement. – The examination and approval of plans and 21
specifications, the inspection of the manner of construction, workmanship, 22
and materials for construction of buildings and structures and their 23
components, or the enforcement of fire code regulations by any of the 24
following, to assure compliance with the North Carolina State Building Code 25
and related local building rules: 26
... 27
(3a) Commercial building or structure. – A building or structure, including a 28
multifamily development project, that is subject to regulation under the North 29
Carolina Building Code and is not subject to regulation under the North 30
Carolina Residential Code. 31
(4) Local inspection department. – The agency or agencies of local government, 32
or any government agency of a federally recognized Indian Tribe, with 33
authority to make inspections of buildings and to enforce the Code and other 34
laws, ordinances, and rules enacted by the State, a local government, or a 35
federally recognized Indian Tribe. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1039-First Edition
(4a) Private construction inspection. – An inspection by a private construction 1
inspector, for compliance with the North Carolina State Building Code, of the 2
manner of construction, workmanship, and materials for the construction, 3
reconstruction, alteration, repair, movement, installation, or extension of a 4
residential building or structure or commercial building or structure, including 5
the building's or structure's components and elements. The term does not 6
include inspection or enforcement of Code provisions pertaining to boilers or 7
elevators the administration and enforcement of which is allocated to the State 8
Department of Labor under G.S. 143-139(c) or (d), and does not include 9
inspection for compliance with zoning, subdivision, stormwater, erosion and 10
sedimentation control, driveway, utility, fire prevention system acceptance 11
testing or approval, or other local or State law that is not part of the North 12
Carolina State Building Code. 13
(4b) Private construction inspection firm. – A firm, partnership, corporation, 14
limited liability company, association, or other legal entity registered under 15
this Article to offer or provide private construction inspections through one or 16
more private construction inspectors. 17
(4c) Private construction inspector. – An individual who is certified and registered 18
under this Article to engage in private construction inspections. 19
(5) Qualified Code-enforcement official. – A person qualified under this Article 20
to engage in the practice of Code enforcement. 21
(6) Residential building or structure. – A building or structure subject to 22
regulation under the North Carolina Residential Code. 23
(b) For purposes of this Article, the population of a city or county is determined according 24
to the most current federal census, unless otherwise specified. 25
(c) For purposes of this Article, "willful misconduct, gross negligence, or gross 26
incompetence" in addition to the meaning of those terms under other provisions of the General 27
Statutes or at common law, includes any of the following: 28
... 29
(7) Enforcing a Code official's preference in the method or manner of installation 30
of heating ventilation and air-conditioning units, appliances, or equipment if 31
it is not required by the State Building Code and is in contradiction of a 32
manufacturer's installation instructions or specifications. 33
(8) Refusing, without authority under Article 11 of Chapter 160D of the General 34
Statutes, to accept a private construction inspection report or private certificate 35
of State Building Code compliance that is required to be accepted under th