§ 133-1.1. Certain buildings involving public funds to be designed, etc., by architect or engineer.
§ 133‑1.1. Certainbuildings involving public funds to be designed, etc., by architect orengineer.
(a) In the interest ofpublic health, safety and economy, every officer, board, department, orcommission charged with the duty of approving plans and specifications orawarding or entering into contracts involving the expenditure of public fundsin excess of:
(1) Three hundredthousand dollars ($300,000) for the repair of public buildings where suchrepair does not include major structural change in framing or foundationsupport systems, or five hundred thousand dollars ($500,000) for the repair ofpublic buildings by The University of North Carolina or its constituentinstitutions where such repair does not include major structural change inframing or foundation support systems,
(1a) One hundred thousanddollars ($100,000) for the repair of public buildings affecting life safetysystems,
(2) One hundred thirty‑fivethousand dollars ($135,000) for the repair of public buildings where suchrepair includes major structural change in framing or foundation supportsystems, or
(3) One hundred thirty‑fivethousand dollars ($135,000) for the construction of, or additions to, publicbuildings or State‑owned and operated utilities, shall require that suchplans and specifications be prepared by a registered architect, in accordancewith the provisions of Chapter 83A of the General Statutes, or by a registeredengineer, in accordance with the provisions of Chapter 89C of the GeneralStatutes, or by both architect and engineer, particularly qualified by trainingand experience for the type of work involved, and that the North Carolina sealof such architect or engineer together with the name and address of sucharchitect or engineer, or both, be placed on all these plans andspecifications.
(b) (1) Onall projects requiring the services of an architect, an architect shall conductfrequent and regular inspections or such inspections as required by contractand shall issue a signed and sealed certificate of compliance to the awardingauthority that:
a. The inspections ofthe construction, repairs or installations have been conducted with the degreeof care and professional skill and judgment ordinarily exercised by a member ofthat profession; and
b. To the best of hisknowledge and in the professional opinion of the architect, the contractor hasfulfilled the obligations of such plans, specifications, and contract.
(2) On all projectsrequiring the services of an engineer, an engineer shall conduct frequent andregular inspections or such inspections as required by contract and shall issuea signed and sealed certificate of compliance to the awarding authority that:
a. The inspections ofthe construction, repairs, or installations have been conducted with the degreeof care and professional skill and judgment ordinarily exercised by a member ofthat profession; and
b. To the best of hisknowledge and in the professional opinion of the engineer, the contractor hasfulfilled the obligations of such plans, specifications, and contract.
(3) No certificate ofcompliance shall be issued until the architect and/or engineer is satisfiedthat the contractor has fulfilled the obligations of such plans,specifications, and contract.
(c) The following shallbe excepted from the requirements of subsection (a) of this section:
(1) Dwellings andoutbuildings in connection therewith, such as barns and private garages.
(2) Apartment buildingsused exclusively as the residence of not more than two families.
(3) Buildings used foragricultural purposes other than schools or assembly halls which are not withinthe limits of a city or an incorporated village.
(4) Temporary buildingsor sheds used exclusively for construction purposes, not exceeding 20 feet inany direction, and not used for living quarters.
(5) Pre‑engineeredgarages, sheds, and workshops up to 5,000 square feet used exclusively by city,county, public school, or State employees for purposes related to theiremployment. For pre‑engineered garages, sheds, and workshops constructedpursuant to this subdivision, there shall be a minimum separation of thesestructures from other buildings or property lines of 30 feet.
(d) On projects onwhich no registered architect or engineer is required pursuant to theprovisions of this section, the governing board or awarding authority shallrequire a certificate of compliance with the State Building Code from the cityor county inspector for the specific trade or trades involved or from aregistered architect or engineer, except that the provisions of this subsectionshall not apply to projects where any of the following apply:
(1) The plans andspecifications are approved by the Department of Administration, Division ofState Construction, and the completed project is inspected by the Division ofState Construction and the State Electrical Inspector.
(2) The project isexempt from the State Building Code.
(3) The project has atotal projected cost of less than $100,000 and does not alter life safetysystems.
(e) All plans andspecifications for public buildings of any kind shall be identified by the nameand address of the author thereof.
(f) Neither thedesigner nor the contractor involved shall receive his final payment until therequired certificate of compliance shall have been received by the awardingauthority.
(g) On all facilitieswhich are covered by this Article, other than those listed in subsection (c) ofthis section and which require any job‑installed finishes, the plans andspecifications shall include the color schedule. (1953, c. 1339; 1957, c. 994;1963, c. 752; 1973, c. 1414, s. 2; 1979, c. 891; 1981, c. 687; 1983 (Reg.Sess., 1984), c. 970, s. 1; 1989, c. 24; 1997‑412, s. 11; 1998‑212,s. 11.8(e); 2001‑496, ss. 6, 8(e); 2003‑305, s. 1; 2005‑300,s. 1; 2007‑322, s. 1.)