Section 160D-1114 - [Effective Until 1/1/2025] Appeals of stop orders(a) The owner or builder may appeal from a stop order involving alleged violation of the North Carolina State Building Code or any approved local modification thereof to the State Fire Marshal or his or her designee within a period of five days after the order is issued. Notice of appeal shall be given in writing to the State Fire Marshal or his or her designee, with a copy to the local inspector. The State Fire Marshal or his or her designee shall promptly conduct an investigation, and the appellant and the inspector shall be permitted to submit relevant evidence. The State Fire Marshal or his or her 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 State Fire Marshal or his or her designee on an appeal, no further work shall take place in violation of a stop order. In the event of dissatisfaction with the decision, the person affected shall have the following options:(1) Appealing to the Building Code Council.(2) Appealing to the superior court as provided in G.S.143-141.(b) The owner or builder may appeal from a stop order involving alleged violation of a local development regulation as provided in G.S.160D-405.N.C. Gen. Stat. § 160D-1114
Amended by 2023 N.C. Sess. Laws 151,s. 11.87, eff. 11/9/2023.Added by 2019 N.C. Sess. Laws 111, s. 2.4, eff. 1/1/2021.Effective Date - S.L. 2019-111: Section 2.4 of 2019 N.C. Sess. Laws 111added Chapter 160D, and section 3.2 made the act effective January 1, 2021. 2020 N.C. Sess. Laws 25, s. 51-a, eff. 6/19/2020, repealed § 3.2 of S.L. 2019-111. Section 51.(b) of S.L. 2020-25 provides: "Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: (1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or (2) July 1, 2021." This section is set out more than once due to postponed, multiple, or conflicting amendments.