Town of Fuquay-Varina Code of Ordinances
Part 9 Land Development Ordinance Adopted October 3, 2016 – Effective December 30, 2016 Amended August 8, 2023
Article A GENERAL PROVISIONS
This Ordinance shall be officially known as the Fuquay- Varina “Land Development Ordinance” and may be referred to as the Land Development Ordinance”, the “LDO” or “this Ordinance.”
The Town of Fuquay-Varina hereby exercises its authority to adopt and administer the Land Development Ordinance under the authority of 160A, Article 8 & 160D of the North Carolina General Statutes, as hereafter amended or changed. Whenever a reference is made in another section of this Ordinance or any local act, or any local government ordinance, resolution, or order, to a portion of Article 19 of Chapter 160A of the General Statutes that is repealed or superseded by Chapter 160D of the North Carolina General Statutes, the reference is deemed amended to refer to that portion of the Chapter 160D that most nearly corresponds to the repealed or superseded portion of Article 19 of Chapter 160A of the General Statutes.
The Land Development Ordinance contained herein, shall govern the subdivision of land, the development of land, and the use of land within the corporate limits of the Town of Fuquay-Varina and the extraterritorial jurisdiction (ETJ) authorized by the Wake County Board of Commissioners now or hereafter established, in accordance with §160D-202 of the North Carolina General Statutes.
§9-1003 EFFECTIVE DATE
The Land Development Ordinance is adopted by the Town Board of Commissioners of the Town of Fuquay-Varina on October 3, 2016, with an effective date of December 30, 2016.
In general, the purpose of the Land Development Ordinance is to promote and protect the public health, safety and the general welfare of the citizens of the Town of Fuquay-Varina and its extraterritorial jurisdiction. The Land Development Ordinance is a unified set of regulations that govern the overall development of the corporate limits and extraterritorial jurisdiction. More specifically, the Land Development Ordinance is adopted for particular purposes, stated herein:
a. Preserving the overall quality of life for residents and visitors
As the Town grows and expands it is important to maintain and improve the established Town character, the social and economic sustainability of existing residential and nonresidential land uses, and provide choices for housing, education, services, transportation and healthy living opportunities.
b. Protecting the character of established residential neighborhoods and local businesses
Promote best planning practices that provides a transition between existing and new development by use and/or adequate vegetative separation, to include maintaining orderly land use and development patterns; encouraging environmentally responsible development practices; ensuring adequate light, air, privacy and access to property; maintaining and creating adequate streets; and providing interconnectivity and mobility equality for pedestrians and vehicles.
c. Maintaining economic resilience, by attracting businesses and a variety of residential choices
Creating a friendly environment that involves communication, efficiency and collaboration that creates a partnership between government, citizens, property owners and developers/builders to sustain existing development and encourage new development.
d. Promoting rehabilitation and reuse of older buildings and protect historic buildings, sites and land that preserve the heritage of the Town and its citizens
The Town of Fuquay-Varina has a rich heritage that must not be ignored or lost as the Town grows and develops. As such, the Town of Fuquay-Varina desires to maintain the ability and standards for the protection and rehabilitation of historic property and opportunities in conjunction with new development.
e. Providing a “sense of place”
Encourage adequate open and civic space, schools, recreation areas and opportunities, places of worship, citizen activities, art and public enjoyment, social interaction, and healthy living to create a the “sense of place” that identifies the citizen and government partnership for the Town of Fuquay-Varina.
f. Promoting best planning practices by establishing clear and efficient development review and approval procedures
Promote best planning practices and provide a regulatory mechanism which is simple to understand, easy to implement and provides appropriate standards and requirements for development within the Town of Fuquay-Varina and the extraterritorial jurisdiction.
g. Preventing adverse impacts on the environment
Prevent or minimize adverse impacts on environmentally sensitive areas, and protect natural resources, water quality, floodplains, wetlands and steep slopes related to impacts of development and transportation.
h. Providing efficient uses of land
Promote and encourage more efficient use of land with alternative land development practices, housing types, pedestrian-friendly environments, public spaces, active shopping areas and a variety of uses, while discouraging: sprawl development patterns, minimizing or preventing single use developments and strip commercial developments.
i. Promoting efficient and cost-effective public services and stormwater management
Provide adequate water and sewer capacity, efficient and responsive government services, economical maintenance of utilities and streets, and stormwater management to decrease the adverse impact on life and property.
j. Encouraging mixed-use development, regulation of form versus use, interconnectivity and services that do not require dependence on motor vehicle
Provide optional residential and nonresidential development opportunities based on the market, social trends and interests, and the desire for services and work to be in close proximity to living, outdoor civic spaces and events, services, and healthy food and lifestyle options.
k. Implement the policies, goals and vision contained within the Town's adopted plans
Implementing a comprehensive approach to coordinate policies and goals that provides the vision for opportunities of: housing choice and variety; new development patterns with mixed- use at a scale that provides pedestrian mobility, and less vehicle trips per day; additional and safer pedestrian access as an alternative and convenient means of travel to and from destinations; and economic resilience for changing markets whether for infill development, new development or redevelopment.
The intent of the Land Development Ordinance is to implement and consolidate the regulations for development into a concise and complete ordinance that is easy to read and understand with minimal interpretations; improve and streamline the development approval process; support and encourage revitalization and infill development within the Town; enhance a pedestrian and bicycle friendly environment in commercial areas and create walkable neighborhoods; focus on permitting mixed-use development and alternative modes of transportation; create and enhance green infrastructure throughout the Town; and create a sustainable and resilient economic base.
Additionally, this Ordinance is intended to:
a. Change the character of existing thoroughfares to be pedestrian and bicycle friendly;
b. Create street space for pedestrian and bicycle use, bring buildings closer to the street and implement street tree canopies;
c. Employ short blocks and more and is accessible sidewalks;
d. Focus on a street grid system and discourage cul-de-sacs and other non-through streets;
e. Create parking options to include shared parking;
f. Accommodate and encourage on-street parking;
g. Increase interconnectivity through development of new streets and alleys;
h. Promote re-use, redevelopment and infill;
i. Focus on building form, orientation, scale and height, and less on specific uses;
j. Use scale and massing of buildings to transition between thoroughfares and surrounding neighborhoods;
k. Add urban agriculture and community gardens into regulations to encourage a healthy community;
l. Apply minimum thresholds of architectural standards for multi-family and nonresidential developments;
m. Apply minimum thresholds of landscape standards between different intensities of use, for streetscapes, in public spaces, for buffers and at gateways into Town;
n. Provide greater opportunities for housing choices and variety;
o. Create new outdoor civic spaces, public spaces, squares and greens throughout the Town;
p. Create a blueprint for developing a “green infrastructure and” throughout the corporate limits and extraterritorial jurisdiction;
q. Direct and regulate the scale of new development patterns; and
r. Create a Land Development Ordinance that is easy to reference and follow for procedures, processes, requirements and reasonable end-results.
The provisions of the Land Development Ordinance shall apply to all development, public or private, and the use of all structures, lands and waters within the corporate limits of the Town of Fuquay-Varina and within the Town’s extraterritorial jurisdiction under the following provisions:
a. Application to Town & Its Agencies
Use of all structures and land owned by the Town, or by Town agencies or departments, shall be exempt from the standards of the Land Development Ordinance to the extent permitted by state or federal law. In the public’s best interest, Town structures and uses shall adhere to the standards and requirements of the Land Development Ordinance to the greatest extent practical.
b. Compliance with the Land Development Ordinance Prior to Development
No structure or part thereof, land or water shall hereafter be used, located, erected, constructed, moved, reconstructed, extended, converted or structurally altered, except for normal repairs of existing structures, without full compliance with the provisions of the Land Development Ordinance and all other applicable Town, State and Federal regulations. For the purpose of the Land Development Ordinance, development or use of land shall include land disturbance activities such as clearing and grading, or otherwise disturbing the existing vegetative cover.
To ensure that the Town of Fuquay-Varina is providing the citizens and general public adequate level of health, safety and welfare, as expected and required by the North Carolina General Statutes, the Town establishes and requires improvements where or when a property is subdivided, developed, or improved. Such improvements shall include thoroughfare construction; right(s)-of-way dedicated or reservation; utility installation and/or extension; easement(s) recordation; pedestrian facility installation; storm drainage and stormwater management implementation; parking compliance; landscaping compliance and installation; architectural compliance; and/or compliance with any other applicable standards, in accordance with the Land Development Ordinance.
d. Conflict with Federal, State or County Regulations
If the provisions of the Land Development Ordinance are inconsistent with those of the Federal, State or County government, the more restrictive provision shall control, to the extent permitted by law. The more restrictive provision is that which imposes greater restrictions or more stringent controls on development.
e. Conflict with Other Town Regulations
If the provisions of the Land Development Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted Ordinances or regulations of the Town, the more restrictive provision shall control. The more restrictive provision is the one that imposes the greater restrictions or more stringent controls on development.
f. Conflict with Private Agreements & Covenants
The Land Development Ordinance is not intended to interfere with private agreements, or abrogate or annul any easement, covenant, deed restriction or other agreement or instrument between private parties. If the provisions of the Land Development Ordinance impose a greater restriction than imposed by a private agreement, the provisions of the Land Development Ordinance shall control. If the provisions of a valid, enforceable private agreement impose a greater restriction than the Land Development Ordinance, the provisions of the private agreement shall control. Where a homeowners ’ association is established by the covenants, deed restrictions or other agreement or instrument between private parties, the homeowners ’ association may only enforce the covenants and deed restrictions as recorded, and where the homeowners ’ association may determine, directly or implied that the more restrictive standards imposed by the Town of Fuquay-Varina Land Development Ordinance does not apply, the homeowner’s association shall be in violation by such action. The Town of Fuquay -Varina does not enforce or maintain a record of private agreements, covenants or bylaws.
g. Bona Fide Farms Exemption
Bona fide farms, as provided in §160D-903 (c) of the North Carolina General Statutes, shall be exempt from the provisions of the Land Development Ordinance within the extraterritorial jurisdiction, or as otherwise provided in such statute and/or in the Land Development Ordinance.
§9-1007 ADOPTED PLANS
All plans that have been adopted now or in the future by the Town Board of Commissioners shall be considered in any reviews and decisions under the Land Development Ordinance in the area affected by a plan. Following is a list of adopted plans that comprise the comprehensive plan for the Town of Fuquay-Varina, but such list shall not be limited by the update of existing plans or the adoption of new plans:
a. Community Land Use Plan
b. Community Transportation Plan, also known as the Community Thoroughfare Plan
c. Community Pedestrian Master Plan
d. Open Space Plan
e. Varina Streetscape Master Plan
f. Fuquay Streetscape Master Plan
g. Town Center Plan Guidelines
h. Utility Master Plan for Water & Wastewater Systems
i. Urban Service Area (USA) Plan
Preferred Growth Areas (PGA’s)
§9-1008 MINIMUM REQUIREMENTS & APPLICATION
In interpretation and application of the Land Development Ordinance, the standards, conditions or requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of the Land Development Ordinance and to promote the public health, safety and general welfare. Where the provisions of the Land Development Ordinance impose greater restrictions upon the use of land, buildings or structures, or requires a larger percentage of a lot to be left unoccupied than the provisions elsewhere in the Town Code of Ordinances, rules, policies, or regulations, or any easements, covenants or other instruments between parties, the provisions of the Land Development Ordinance shall govern.
Should any provisions of the Land Development Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction declare any provisions herein for it or unenforceable, then such offending provisions shall be severed from the other provisions so that the non-offending provisions remain valid, enforceable and subsisting such that the declaration shall not affect the validity of the Land Development Ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional, and the court shall provide such interpretation to effectuate the intent of the Land Development Ordinance.
Article B BUILDING REGULATION & ENFORCEMENT
§9-1050 PURPOSE & INTENT
North Carolina General Statutes §160D-402(a) & 160D-1102 provides authority for the creation of an Inspections Department, whereby building regulations and enforcement are housed. Such authority is further clarified by providing for the following duties, as outlined in North Carolina General Statutes §160D-402(b):
(1) Enforcement of the construction of buildings and other structures.
(2) Enforcement of the installation of such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems and air-conditioning systems.
(3) Enforcement of the maintenance of buildings and other structures in a safe, sanitary, and healthful condition.
(4) The receipt of applications for permits and the issuance or denial of permits.
(5) The making of any necessary inspections.
(6) The issuance or denial of certificates of compliance and occupancy.
(7) The issuance of orders to correct violations and bringing of judicial actions against actual or threatened violations.
(8) The keeping of adequate records.
(9) Other matters that may be specified by the Town Board of Commissioners.
For purposes of this Article, the following terms shall be interpreted as provided:
(1) Code Enforcement Official . The term Code Enforcement Official shall mean the Inspections Director, Building Inspector, Plumbing Inspector, Electrical Inspector, Mechanical Inspector, Fire Prevention Inspector, or any designee.
(2) Technical Codes . The term Technical Codes shall mean the most recently adopted versions of the North Carolina State Building Code, as listed below. Use of any of these terms, and the term Regulatory Code, shall be interpreted to mean the most recently adopted version of the North Carolina State Building Code.
A. Accessibility Code
B. Administrative Code
C. Building Code
D. Electrical Code
E. Energy Conservation Code
F. Existing Buildings Code
G. Fire Prevention Code
H. Fuel Gas Code
I. Mechanical Code
J. Plumbing Code
K. Residential Code
(3) Town. The term Town shall mean the Town’s developmental jurisdiction area, including both the corporate limits and extraterritorial jurisdiction (ETJ) of the Town of Fuquay- Varina. This shall also include references to “jurisdiction”.
(4) Trade . The term Trade shall mean the type of work for which a technical code is applicable.
c. Conflict & Severability
(1) Conflict. In the event any provision, standard or requirement of this Article is found to be in conflict with any other ordinance, requirement or code of the Town, the provision which
establishes the higher standard or more stringent requirement for the promotion and protection of health and safety of the citizens of the Town shall prevail.
(2) Severability. If any provision of this Article is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall not affect the validity of any other provision hereof, and to that end, the provisions of this Article are hereby declared to be severable.
§9-1051 BUILDING REGULATIONS
a. Adoption of Regulatory Codes by Reference
The adoption of this Article and the codes herein adopted by reference shall constitute the Town of Fuquay-Varina ’s legal authority to enforce such regulatory codes, applicable to buildings or structures where situation within the Town and its jurisdiction, notwithstanding exemptions to applicability provided by North Carolina General Statutes §143-138.
(1) Scope of Article & Codes. The provisions of this Article and of the regulatory codes herein adopted shall apply to the following:
A. Location, Design, Materials & Appurtenances . 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 or attached to such building or structure. B. Plumbing Systems . The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems, and all fixtures and appurtenances thereof. C. Mechanical Systems . The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning, and refrigeration systems, fuel burning equipment, and appurtenances thereof. D. Electrical Systems . The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof. The adoption of this Article and the codes herein adopted by reference shall constitute a resolution within the meaning of North Carolina General Statutes §143-138(d) making the regulatory codes herein adopted applicable to dwellings and out buildings used in connection therewith and to apartment buildings used exclusively as the residence of not more than two (2) families.
Building Code Adopted
A. Current Edition . The current edition, or as amended, of the North Carolina State Building Code, as adopted by the North Carolina Building Code Council, for general construction, administration, residential construction, existing buildings, and Energy Code and Accessibility Code compliance, is hereby adopted by reference as fully as though set forth herein as the Building Code of the Town of Fuquay-Varina to the extent such Code is 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. (3) Existing Building Code Adopted. The current edition of the Existing Building Code as adopted by the North Carolina State Building Code, and as amended, is hereby adopted by reference fully as though set forth herein as the Existing Building Code for the Town. (4) Plumbing Code Adopted. The current edition of the Plumbing Code as adopted by the North Carolina State Building Code, and as amended, is hereby adopted by reference fully as though set forth herein as the Plumbing Code for the Town. (5) Mechanical Code Adopted. The current edition of the Mechanical Code as adopted by the North Carolina State Building Code and as amended, is hereby adopted by reference fully as though set forth herein as the Mechanical Code for the Town. (6) Fuel Gas Code Adopted. The current edition of the Fuel Gas Code as adopted by the North Carolina State Building Code Council and as amended, is hereby adopted by reference fully as though set forth herein as the Fuel Gas Code for the Town. (7) Electrical Code Adopted. The current edition of the National Electrical Code as adopted by the North Carolina State Building Code Council and as amended, is hereby adopted by reference fully as though set forth herein as the Electrical Code for the Town. (8) Fire Prevention Code Adopted. The current edition of the North Carolina State Fire Prevention Code as adopted by the North Carolina Building Code Council and as amended, is hereby adopted by reference fully as though set forth herein as the Fire Prevention Code for the Town. (9) Amendments to Codes. Amendments to the technical and/or regulatory codes adopted by reference herein, which are from time to time adopted and published by the agencies or organizations referred to herein shall be effective in the Town at the time such amendments are approved by the Building Code Council.
(10) Compliance with Codes
A. Conform to Codes . All buildings or structures which are hereafter constructed, reconstructed, erected, altered, extended, enlarged, repaired, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of the North Carolina State Building Code: Building Code (general construction); Residential Code; Energy Conservation Code; Accessibility Code; Existing Building Code; and/or Fire Prevention Code; whichever are applicable. B. Plumbing Code . 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 Plumbing Code as adopted by the North Carolina Building Code Council. C. Mechanical Code . All mechanical systems consisting of heating, ventilating, air conditioning, and refrigeration systems, fuel burning equipment and appurtenances shall be installed, erected, altered, repaired, used and maintained in accordance with the minimum standards, requirements, and other provisions of the Mechanical & Fuel Gas Code as adopted by the North Carolina Building Code Council. D. Electrical Code . 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 Electrical Code as adopted by the North Carolina Building Code Council. (11) Copies of Codes Filed with Inspections Department. An official copy of each regulatory code adopted herein, and official copies of all amendments thereto, shall be kept on file in the office of the Inspections Department. Such copies shall be the official copies of the codes and the amendments.
b. Fire Districts
Certain construction standards shall be required where a structure is constructed or reconstructed within the boundaries provided herein.
A. Beginning two hundred (200) feet south of Vance Street, extending westerly and parallel to the center line of Vance Street to the center line of Spring Avenue, thence extending northerly and parallel to the said center line of Main Street to the center line of Academy Street, thence extending westerly along the center line of Academy Street to the right-of-way of the Norfolk and Southern Railroad, thence extending northerly alongside and parallel to said Norfolk Southern Railroad to the center line of Jones Street, thence extending easterly along said center line of Jones Street to the center line of Fuquay Avenue, thence extending southerly and parallel to the center line of Main Street to a point two hundred (200) feet south of Vance Street, thence extending westerly and parallel to the said center line of Vance Street to the point of beginning. B. Beginning one hundred (100) feet easterly of Stewart Street on the center line of Broad Street, extending northerly and parallel to said Stewart Street one hundred fifty (150) feet, thence extending westerly and parallel to the said center line of Broad Street to a point two hundred fifty (250) feet westerly of Ransdell Road, thence extending southerly and parallel to Ransdell Road to a point at the center line of Broad Street, thence extending easterly along said center line of Broad Street to the point of beginning.
§9-1052 BUILDING CODE ENFORCEMENT
a. General Administrative Provisions
(1) Organization of the Department. The Inspections Department shall consist of such building inspector, plumbing inspector, mechanical inspector, and electrical inspectors or other inspectors as may be authorized by the Town Board of Commissioners. The Town Board of Commissioners may, in its discretion, designate a director. (2) General Duties of Department & Inspectors. It shall be the duty of the Inspections Department to enforce all of the provisions of this Article and of the regulatory codes adopted herein, and to make all inspections necessary to determine whether or not the provisions of this Article and such other codes are being met. A. Technical Codes Enforced . The technical codes shall be enforced by the appropriate qualified inspector. The North Carolina State Building Code, Accessibility Code, Residential Code, Existing Buildings Code and Energy Conservation Code shall be enforced by the Building Inspector. The North Carolina State Plumbing Code shall be enforced by the Plumbing Inspector. The North Carolina State Mechanical Code and Fuel Gas Code shall be enforced by the Mechanical Inspector. The North Carolina State Electrical Code shall be enforced by the Electrical Inspector. The North Carolina State
Fire Prevention Code shall be enforced by the Fire Prevention Inspector. The North Carolina State Administrative Code shall be enforced by the inspector responsible for enforcing the technical code to which the section applies.
(3) Conflicts of Interest. No employee of the Inspections Department shall be interested or employed by a business that is financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building, or any part or system thereof, within the Town’s jurisdict ion, or in the making of plans or specifications therefore, unless he is the owner of such building. No employee of the Inspections Department, or other individual or employee of a company contracting to perform inspections shall be engaged in any work which is inconsistent with his or her duties or with the interests of the Town. (4) Reports & Records. The Inspections Department shall keep complete and accurate records in convenient form of all applications received, permits issued, inspections and re- inspections made, defects found, certificates of compliance granted and all other work and activities of the Inspections Department. These records shall be kept in the manner and for the period(s) prescribed by the North Carolina Department of Cultural Resources. Periodic reports shall be submitted to the Town Board and to the Commissioner of Insurance as required.
A. Inspections Required . The Inspections Department shall inspect all buildings and structures and work therein, for which a permit of any kind has been issued, as often as necessary in order to determine whether the work complies with this Article and the appropriate codes and according to the provisions of any applicable State of North Carolina and local law, and the terms of the permit(s). B. Inspection Organizations . When deemed necessary by the appropriate Inspector, inspections may be made by approved and recognized inspection organizations; provided, no approval shall be based upon reports of such organizations unless the same are in writing and certified by a responsible officer of such organization. C. Street or Alley Lines. Where the applicant for a permit proposes to erect any building or structure on the line of any street, alley, or other public place, the owner shall secure a survey of the line of such street, alley, or other public place, adjacent to the property upon which such building or structure is to be erected before proceeding with construction of such building or structure. It shall be the responsibility of the owner or
authorized agent to see that the building does not encroach upon such street, alley, or other public place.
D. Call for Inspection . All holders of permits, or authorized agent(s), shall notify the Inspections Department when work is ready for inspection and to provide access to and means for inspection of the work for any required inspections so that approval may be granted before work is continued. i. Footing Inspection. Footing inspections shall be made after the trenches are excavated, all grade stakes are installed, all reinforcing steel and supports are in place and appropriately tied, all necessary forms are in place and braced, and prior to placement of any concrete.
ii. Under Slab Inspection. Under slab inspections, as appropriate, shall be made after all materials and equipment to be concealed by the concrete slab are completed.
iii. Foundation & Crawl Space Inspection. Foundation and crawl space inspections shall be made after all foundation supports are installed. This inspection is to check foundation supports, crawl space leveling, ground clearances and positive drainage, when required. iv. Rough-In Inspection. Rough-in inspections shall be made when all building framing and parts of the electrical, plumbing, fire protection, or heating- ventilation and/or cooling system that will be hidden from view in the finished building have been placed, but before any wall or ceiling finish or building insulation is installed. v. Building Framing Inspection. Building framing inspections shall be made after the roof, excluding roof covering, wall ceiling and floor framing is complete, with appropriate blocking, bracing and fire-stopping in place. The following items shall be in place and visible for inspection:
2. Chimney and vents
3. Flashing for roofs, chimneys and wall openings
4. Insulation baffles
5. All lintels required to be bolted to the framing for support. Such lintels shall not be covered by any exterior or interior wall or ceiling finish material prior to approval. Work may continue without approval of lintels supported on masonry or concrete. vi. Insulation Inspection. Insulation inspections shall be made after approved rough-in and building framing inspections, and after the permanent roof covering is installed and all insulation and vapor retarders in place, but prior to any wall or ceiling covering being applied. vii. Fire Protection Inspection. Fire protection inspections shall be made in all buildings where any material is used for fire protection purposes. The permit holder, or authorized agent(s), shall notify the Inspections Department after all fire protection materials are in place. Such fire protection materials shall not be concealed until inspected and approved by the Inspections Department and the Fire Inspector/Marshall.
viii. Final Inspection. Final inspections shall be made for each trade after completion of the work authorized under the technical codes.
E. Construction Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Code Enforcement Official. The Inspections Department, upon notification, shall make the requested inspection(s) and shall either indicate the portion of construction being inspected is satisfactory as completed or shall notify the permit holder, or authorized agent(s) that the work fails to comply with the technical codes. Failure to Request for inspections or proceeding construction without approval at each state of construction shall be deemed a violation of this Article. F. Certificate of Compliance. Upon satisfactory completion of building, plumbing, mechanical, electrical, fire protection and/or gas system inspections, or portions thereof, a certificate of compliance shall be issued. The certificate of compliance represents that the structure or system is complete and, for certain types of permits, is permission granted for connection to a utility system. The certificate of compliance shall not be construed to grant authority to occupy a building. G. Certificate of Occupancy (CO). No new building or part thereof shall be occupied, and no addition or enlargement of any existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part
thereof, until the Inspections Department has issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. Application for a certificate of occupancy may be made by the owner or authorized agent after all final inspections have been approved for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this Article, the appropriate regulatory codes and any zoning regulations for the occupancy intended. The Inspections Department shall issue a certificate of occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of this Article, the regulatory codes, and any zoning regulations for the occupancy intended. H. Existing Buildings. A certificate of occupancy for an existing building may be obtained by applying to the Inspections Department and supplying such information and data deemed necessary to determine compliance with the applicable technical codes for the occupancy intended. When necessary, the Inspections Department may require detailed drawings and inspections to determine compliance with the applicable codes. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical codes, the Land Development Ordinance and other applicable laws for such occupancy, a certificate of occupancy shall be issued. The certificate shall state the approved occupancy type. I. Penalty for Failure to Obtain Permits. Inspections will not be made prior to the owner, or authorized agent, obtaining all the proper permits. It is a violation of North Carolina General Statutes §160D-403 and Chapter 160D Article 11 to proceed with construction prior to obtaining a permit by State and local law(s). An inspector for the Town of Fuquay-Varina may stop any work proceeding without a permit. The owner, or authorized agent(s), shall be required to obtain all the proper permits before proceeding with any further construction work. The owner, or authorized agent(s), will be charged, in addition to the required building permit fees, a penalty fee per applicable permit for the type of construction work for the site in violation. Such permit fee(s) shall be assessed as adopted in the fee schedule, per permit applicable for the type of construction work for the site in violation and will be charged for all permits required, regardless of whether or not that particular type of work has been started. All permits shall be obtained at one time. (6) Oversight Not to Legalize Violation. No oversight or dereliction of duty on the part of any Inspector or other official or employee of the Inspections Department shall be deemed to legalize the violation of any provision of this Article or any provision of any regulatory code herein adopted.
Powers of Inspection Officials
A. Authority. Inspectors are hereby authorized, empowered, and directed to enforce all the provisions of this Article and the regulatory codes herein adopted.
B. Right-of-Entry. Inspectors shall have the right-of-entry on any premises within the jurisdiction of the regulatory codes, upon presentation of proper credentials.
C. Stop Work Orders. Whenever any building, structure or part thereof is being demolished, constructed, reconstructed, altered or repaired in a hazardous manner; in violation of any provision of this Article, any other Town Ordinance or insubstantial violation of any provision of any regulatory code herein adopted; in violation of the terms of the permit(s) issued therefor; or in such manner as to endanger life or property, the appropriate inspector may order that the specific part of the hazardous or violation work be immediately stopped. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reason(s) therefor, and the conditions under which the work may resume.
Enforcement of Zoning Regulations
A. Zoning Regulations . If the Inspections Department is charged with enforcement of any zoning regulations, then no permit for alteration, repair, or construction of any building or structure shall be issued unless the plans and specifications show that the building or structure, and its proposed use, will be in compliance with applicable provisions of the zoning regulations. B. Site Plan Submittal . When site plan submittal is required, then no permit for alteration, repair or construction of any building or structure shall be issued prior to site plan approval by the appropriate official charged with enforcement of the zoning regulations.
(9) Correction of Code Violations. In the event that a violation of the North Carolina State Building Code is reported on construction performed under a permit issued by the Inspections Department of the Town, the following procedure is to be followed:
A. Written Complaint . The complainant shall submit in writing to the Building Inspector a letter which contains the following:
i. Name of complainant
ii. Location of complainant
iii. Suspected code violations
B. Conduct Inspection . The Building Inspector shall conduct an inspection to determine if there are North Carolina Building State Code violations. The inspection shall be conducted using the Building Code and Inspection practices and procedures in effect at the time the building permit was issued. C. Code Violations . If code violations are found, the Building Inspector shall contact the contractor to which the permit was issued and direct them to correct the North Carolina State Building Code violation within 30 days. D. Department of Insurance Review . If there is a disagreement between the contractor and the Building Inspector as to what constitutes a technical code violation, the Building Inspector shall request that the North Carolina Department of Insurance review the specific, technical code items and render a written opinion to the Building Inspector. E. Determination against Contractor . If the North Carolina Department of Insurance determines that in fact these items are code violations, the contractor again will be directed to correct those identified items. If the contractor refuses to arrange to correct the items, within 30 days, the Building Inspector shall file with the appropriate North Carolina Licensing Board a complaint against the contractor requesting that appropriate disciplinary action be taken. F. Appeal to Board of Adjustment . In the event that action by the appropriate State Licensing Board does not cause the contractor to correct the identified technical code violation, or the individual responsible for construction is not a licensed general contractor, the Building Inspector shall notify the contractor by registered letter that no further permits will be issued to him or his agents until such corrections have been completed and inspected. Within 10 days of receipt of the letter the contractor may appeal the Building Inspector's decision to the Board of Adjustment in accordance with Article Q Procedures & Administration. The Board of Adjustment shall hear the appeal in accordance with the regular scheduled Board of Adjustment meetings, and render a decision as to whether good cause exists to lift, uphold, or modify the stay on permit issuance.
G. Incompletion of Code Violation . In the event that correction of a code violation has been started but not completed, the contractor or person responsible for construction
shall have their privileges to secure permits temporarily suspended until such time as the correction of the code violation has been completed.
(10) Service of Notice
A. Type of Notice Served . Service of any notice may be by personal service as defined by State rules of civil procedures, or may be made by registered mail, return receipt requested; and such service shall be deemed complete upon delivery. B. Unknown Address . In the event the address of a person to be notified is unknown or the receipt of a notice which has been mailed is returned unsigned, such notice may be served by a proper notice posted on the public notice bulletin board at the Town Hall of the Town, in which event service shall be deemed complete as of the moment of posting.
b. Enforcement Procedures
(1) Permit(s) Required. No person(s) shall commence or proceed with any of the following types of work without first securing from the Inspections Department of the Town of Fuquay-Varina (jurisdictional authority) any and all permits required by the North Carolina State Building Code and any other State or local laws applicable to the work:
A. Removal or Demolition . The construction, reconstruction, alteration, repair, movement to another site, removal or demolition of any building or structure.
B. Plumbing Repairs . The installation, extension or general repair of any plumbing system, except that in any one- and two-family dwelling unit a permit shall not be required for the connection of a water heater that is being replaced, provided that the work is performed by a person licensed under North Carolina General Statutes §87-21, who personally examines the work at completion and ensures that a leak test has been performed on the gas piping, and provided that:
i. Energy Use Rate or Thermal Input . The energy use rate or thermal input is not greater than that of the water heater being replaced.
ii. No Changes . There is no change in fuel, energy source, location, capacity, routing or sizing of venting and/or piping.
iii. Installed to Current Plumbing Code . The replacement is installed in accordance with the current edition of the North Carolina State Building Code.
C. Heating or Cooling Equipment . The installation, extension alteration or general repair of any heating or cooling equipment.
D. Electrical Work . The installation, extension, alteration or general repair of any electrical wiring, devices, appliances or equipment, except that in any one- and two- family dwelling unit a permit shall not be required for the repair or replacement of electrical lighting fixtures or devices, such as receptacles and lighting switches, or for the connection of an existing branch circuit to an electrical water heater that is being replaced, provided that all of the following requirements are met:
i. Water Heater . With respect to electric water heaters, the replacement water heater is placed in the same location and is of the same or lesser capacity and the electrical rating is original.
ii. Lighting Fixtures . With respect to electrical lighting fixtures and devices, the replacement is with a fixture or device having the same voltage and the same or lesser amperage.
iii. Licensed Person . The work is performed by a person licensed under North Carolina General Statutes §87-43.
iv. Installed to Current Electrical Code . The repair or replacement installation meets the current edition of the North Carolina State Building Code, including the North Carolina State Building Code: Electrical Code.
E. Condition Where Permit Not Required . A permit shall not be required for the installation, maintenance or replacement of any load control device or equipment by an electric power supplier, as defined by North Carolina General Statutes §62-133.8, or an electrical contractor contracted by the electric power supplier, so long as the work is subject to supervision by an electrical contractor licensed under North Carolina General Statutes Chapter 87, Article 4. The exemption under this Section applies to all existing installations. The electric power supplier shall provide such installation, maintenance or replacement in accordance with:
i. North Carolina Utilities Commission . An activity or program ordered, authorized or approved by the North Carolina Utilities Commission, pursuant to North Carolina General Statutes §62-133.8 or §62-133.9.
ii. Municipal Program . A similar program undertaken by a municipal electric service provider, whether the installation, modification or replacement is made before or after the point of delivery of electric service to the customer.
(2) Application for Permit. Written application shall be made for all permits required by this Article, and shall be made on forms provided by the Inspections Department. Such application shall be made by the owner of the building or structure affected or by his authorized agent or representative, and, in addition to such other information as may be required by the appropriate Inspector to enable him to determine whether the permit applied for should be issued, shall show the following:
A. Name, residence, and business address of owner.
B. Name, residence, and business address of authorized representative or agent, if any.
C. Name and address of the contractor, if any, together with evidence that he has obtained a certificate from the appropriate State licensing board for such contractor, if such is required for the work proposed and the permit for which application is made.
(3) Plans & Specifications. Detailed plans and specifications shall accompany each
application for a permit, as required by the North Carolina State Building Code, and for any other building or structure where plans and specifications are deemed necessary by the appropriate Inspector in order for the Inspector to determine whether the proposed work complies with the appropriate regulatory codes. Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed, and the plans and specifications together shall contain information sufficient to indicate that the work proposed will conform to the provisions of this Article and the appropriate regulatory codes. Where plans and specifications are required, a copy of the same shall be kept at the work until all authorized operations have been completed and approved by the appropriate Inspector.
Limitations on Issuance of Permits
A. Licensed General Contractor . Where the North Carolina General Statutes require that certain types of work shall be performed by a licensed general contractor, then no permit shall be issued unless this work is performed by a licensed general contractor. B. Registered Architect or Registered Engineer . Where the North Carolina General Statutes require that plans for certain types of construction be prepared only by a registered architect or a registered engineer, no permit shall be issued unless the plans
and specifications bear the North Carolina seal of a registered architect or registered engineer.
C. Licensed for Certain Types of Construction . Where the North Carolina General Statutes require a licensed contractor for certain types of construction, no permit shall be issued for such construction except in compliance with the statutes. D. Plans & Specifications . Where detailed plans and specifications are required under this Article, no building permit shall be issued unless such plans and specifications have been provided. (5) Issuance of Permit. When proper application for a permit has been made, and the Inspections Department is satisfied that the application and the proposed work comply with the provisions of this Article and the appropriate regulatory codes, the Inspections Department shall issue such permit, upon payment of the proper fee or fees as provided for by the schedule of fees as approved by the Town Board of Commissioners and kept on file in the Inspections Department. (6) Time Limitations on Validity of Permits. All permits issued under this Article shall expire, by limitation, six (6) months after the date of issuance if the work authorized by the permit has not been commenced. If after commencement the work is discontinued for a period of 12 months, the permit thereafter shall immediately expire. No work authorized by any permit which has expired shall be performed until a new permit has been secured.
(7) Revocation of Permits. The Inspections Department may revoke any permit in compliance with the following:
A. Misrepresentation of Application. The Inspections Department shall revoke, in writing, a permit(s) or approval(s) issued for any of the following:
i. Substantial Departure . Substantial departure from the approved application(s), drawing(s) or specification(s).
ii. Refusal or Failure . Refusal or failure to comply with the requirements of any applicable State or local laws.
iii. False Statement . Any false statement or misrepresentation as to the material facts in the application(s) or plan(s) on which the permit(s) or approval(s) were based.Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78-79 Page 80-81 Page 82-83 Page 84-85 Page 86-87 Page 88-89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206
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