Unified Development Ordinance

Article 11.1. Adoption of Codes by Reference

Article 11.1. Adoption of Codes by Reference aaron.sheppard… Mon, 05/08/2023 - 10:40

Sec. 11.1.1. Scope of Chapter and Codes

Sec. 11.1.1. Scope of Chapter and Codes aaron.sheppard… Wed, 05/24/2023 - 09:44

The provisions of this Chapter, technical codes and of the regulatory codes adopted here shall apply to the following:

  1. The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use, and occupancy of every building or structure or any appurtenances connected, attached, or used in connection with any such building or structure;
  2. The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of building sewers, building drains, waste and vent systems, hot and cold water supply systems, and all fixtures and appurtenances;
  3. The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel burning equipment, and appurtenances; and
  4. The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances.

Sec. 11.1.2. Jurisdiction of Chapter and Codes

Sec. 11.1.2. Jurisdiction of Chapter and Codes aaron.sheppard… Wed, 05/24/2023 - 09:46
  1. The provisions of this chapter, technical codes and of the regulatory codes adopted here shall be in effect and apply within the corporate limits of the City and beyond and surrounding the corporate limits within a line which constitutes the boundary of the City's extraterritorial jurisdiction, as described on the map maintained in the office of the City Clerk, as the same may be amended from time to time, as provided by law.
  2. The provisions of the Fire Prevention Code as adopted in Part 5, Chapter 2, Article B, "Fire Prevention," of this UDO shall apply within the corporate limits of the City. The provisions that relate to the design, construction, reconstruction, alteration, repair, demolition or removal of buildings or structures or any appurtenances connected or attached, shall apply within the corporate limits and beyond and surrounding the corporate limits within a line which constitutes the boundary of the City's extraterritorial jurisdiction, as described on the map maintained in the office of the City Clerk, as the same may be amended from time to time, as provided by law.

Sec. 11.1.3. Technical Codes

Sec. 11.1.3. Technical Codes aaron.sheppard… Wed, 05/24/2023 - 09:51

The term technical codes as used here shall mean the collective provisions of the North Carolina: Building, Accessibility, Plumbing, Electrical, Mechanical, Fire Prevention, Fuel Gas, Energy, Existing Buildings and Residential codes as adopted by the North Carolina Building Code Council, and the North Carolina Rehabilitation Code. The most recent edition, including all subsequent amendments, of the North Carolina Building Code, as adopted by the North Carolina Building Code Council is adopted by reference as fully as though set forth here to the extent such code is applicable for safe and stable design, methods of construction, minimum standards, and use of materials in building or structures erected, enlarged, altered, repaired, or otherwise constructed or reconstructed after adoption of this chapter.

  1. In addition, Appendix D-Fire Districts, of the North Carolina Building Code is hereby adopted by reference as fully as though set forth here and shall be enforced as part of this UDO.
  2. The most recent edition, including all subsequent amendments, of Volume I-C, "Making Buildings and Facilities Accessible to and Usable by Persons with Disabilities," the Accessibility Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.
  3. The most recent edition, including all subsequent amendments, of "State of North Carolina Regulations for Manufactured/Mobile Homes" as adopted by the North Carolina Commissioner of Insurance is hereby adopted by reference as fully as though set forth here.
  4. The most recent edition, including all subsequent amendments, of North Carolina Fire Prevention Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.
  5. The most recent edition, including all subsequent amendments, of "Floodproofing Regulations" as prepared and published by the office of the Chief of engineers, ShapeU.S. Army, Washington, D.C. is hereby adopted by reference as fully as though set forth here to the extent said regulations are applicable for safe and stable design, methods of construction, minimum standards, and use of materials in buildings or structures hereafter erected, enlarged, altered, repaired, or otherwise constructed or reconstructed in special flood hazard areas.
  6. The most recent edition, including all subsequent amendments, of the North Carolina State Building Code, Volume IX, Existing Buildings, as adopted by the North Carolina Building Code Council is hereby adopted by reference as fully as though set forth here.
  7. The most recent edition, including all subsequent amendments, of North Carolina Energy Code, as adopted by the North Carolina Building Code Council is hereby adopted by reference as fully as though set forth here.
  8. The most recent Edition, including all subsequent amendments, of the North Carolina Residential Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.
  9. The most recent edition, including all subsequent amendments, of the North Carolina Rehabilitation Code (NCRC) is hereby adopted by reference as fully as though set forth here.
  10. The most recent edition, including all subsequent amendments, of the North Carolina Plumbing Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.
  11. The most recent edition, including all subsequent amendments, of the North Carolina Mechanical Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.
  12. The most recent edition, including all subsequent amendments, of the North Carolina Electrical Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.
  13. The National Manufactured Home Construction and Safety Standards Act of 1974 U.S.C. §5401 et seq. and the regulations in 24 CFR Part 3280 adopted pursuant thereto, including all their subsequent amendments, are hereby adopted by reference as fully as though set forth here.
  14. The most recent edition, including all subsequent amendments, of the North Carolina Fuel Gas Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

Sec. 11.1.4. Compliance With Codes

Sec. 11.1.4. Compliance With Codes aaron.sheppard… Wed, 05/24/2023 - 09:52
  1. All buildings or structures and connected appurtenances which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, altered, occupied, used, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina Building Code, or the North Carolina Residential Code, whichever is applicable, or both if both are applicable. Where the provisions of this UDO conflict with any of the technical codes listed above, the more restrictive provisions shall apply.
  2. Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, requirements, and other provisions of the North Carolina Plumbing Code.
  3. All mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel-burning equipment, incinerators, and other energy related systems, their fittings, appliances, fixtures, and appurtenances shall be installed, erected, altered, replaced, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina State Mechanical Code.
  4. All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina Electrical Code.
  5. All construction, alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances made or installed to any building or structure, other than one- and two-family dwellings and townhouses, shall conform to the provisions of the North Carolina Accessibility Code.
  6. The installation of gas piping systems extending from the point of delivery to the inlet connections of equipment served, and the installation and operation of residential and commercial gas appliances and related accessories shall conform to the provisions of the North Carolina Fuel Gas Code.
  7. All manufactured housing shall be constructed, repaired, altered, installed, erected, replaced, or moved to another site in conformance with the provisions of the National Manufactured Housing Construction and Safety Standards Act and the State of North Carolina procedural and reference codes for mobile homes, modular dwelling units, and other factory building structures, and all regulations adopted pursuant thereto.
  8. All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than one- and two-family dwelling and townhouses, shall conform to the provisions of the North Carolina Fire Prevention Code.
  9. The thermal envelope of the building and installation of energy systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, ventilation, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems shall conform to the provisions of the North Carolina Energy Code.
  10. All alterations, repairs, replacement, rehabilitation or change of occupancy of any existing building shall conform to applicable provisions of the North Carolina Building Code Volume IX - Existing Buildings or other applicable technical codes.

Sec. 11.1.5. Copies of Codes Filed With City Clerk

Sec. 11.1.5. Copies of Codes Filed With City Clerk aaron.sheppard… Wed, 05/24/2023 - 09:53

An official copy of each regulatory code, and technical codes adopted in this chapter, and official copies of all amendments, shall be kept on file in the office of the City Clerk. Such copies shall be the official copies of the codes and amendments.