§ 153A-357. Permits.
§ 153A‑357. Permits.
(a) No person maycommence or proceed with any of the following without first securing from theinspection department with jurisdiction over the site of the work each permitrequired by the State Building Code and any other State or local law or localordinance or regulation applicable to the work:
(1) The construction,reconstruction, alteration, repair, movement to another site, removal, ordemolition of any building.
(2) The installation,extension, or general repair of any plumbing system except that in any one‑or two‑family dwelling unit a permit shall not be required for theconnection of a water heater that is being replaced, provided that the work isperformed by a person licensed under G.S. 87‑21, who personally examinesthe work at completion and ensures that a leak test has been performed on thegas piping, and provided the energy use rate or thermal input is not greaterthan that of the water heater which is being replaced, there is no change infuel, energy source, location, capacity, or routing or sizing of venting andpiping, and the replacement is installed in accordance with the current editionof the State Building Code.
(3) The installation,extension, alteration, or general repair of any heating or cooling equipment system.
(4) The installation,extension, alteration, or general repair of any electrical wiring, devices,appliances, or equipment except that in any one‑ or two‑familydwelling unit a permit shall not be required for repair or replacement ofelectrical lighting fixtures or devices, such as receptacles and lightingswitches, or for the connection of an existing branch circuit to an electricwater heater that is being replaced, provided that all of the followingrequirements are met:
a. With respect toelectric water heaters, the replacement water heater is placed in the samelocation and is of the same or less capacity and electrical rating as theoriginal.
b. With respect toelectrical lighting fixtures and devices, the replacement is with a fixture ordevice having the same voltage and the same or less amperage.
c. The work isperformed by a person licensed under G.S. 87‑43.
d. The repair orreplacement installation meets the current edition of the State Building Code,including the State Electrical Code.
A permit shall be in writing andshall contain a provision that the work done shall comply with the StateBuilding Code and all other applicable State and local laws and localordinances and regulations. Nothing in this section shall require a county toreview and approve residential building plans submitted to the county pursuantto Section R‑110 of Volume VII of the North Carolina State Building Code;provided that the county may review and approve such residential building plansas it deems necessary. No permit may be issued unless the plans andspecifications are identified by the name and address of the author thereof;and if the General Statutes of North Carolina require that plans for certaintypes of work be prepared only by a registered architect or registeredengineer, no permit may be issued unless the plans and specifications bear theNorth Carolina seal of a registered architect or of a registered engineer. If aprovision of the General Statutes of North Carolina or of any ordinancerequires that work be done by a licensed specialty contractor of any kind, nopermit for the work may be issued unless the work is to be performed by such aduly licensed contractor. No permit issued under Articles 9 or 9C of G.S.Chapter 143 shall be required for any construction, installation, repair,replacement, or alteration costing five thousand dollars ($5,000) or less inany single‑family residence or farm building unless the work involves:the addition, repair or replacement of load bearing structures; the addition(excluding replacement of same size and capacity) or change in the design ofplumbing; the addition, replacement or change in the design of heating, airconditioning, or electrical wiring, devices, appliances, or equipment; the useof materials not permitted by the North Carolina Uniform Residential BuildingCode; or the addition (excluding replacement of like grade of fire resistance)of roofing. Violation of this section constitutes a Class 1 misdemeanor.
(b) No permit shall beissued pursuant to subsection (a) for any land‑disturbing activity, asdefined in G.S. 113A‑52(6), for any activity covered by G.S. 113A‑57,unless an erosion and sedimentation control plan has been approved by theSedimentation Pollution Control Commission pursuant to G.S. 113A‑54(d)(4)or by a local government pursuant to G.S. 113A‑61 for the site of theactivity or a tract of land including the site of the activity.
(c) (1) Acounty may by ordinance provide that a permit may not be issued undersubsection (a) of this section to a person who owes delinquent property taxes,determined under G.S. 105‑360, on property owned by the person. Suchordinance may provide that a building permit may be issued to a personprotesting the assessment or collection of property taxes.
(2) This subsectionapplies to Alexander, Alleghany, Anson, Bertie, Catawba, Chowan, Davie, Gates,Greene, Lenoir, Lincoln, Iredell, Stokes, Surry, Tyrrell, Wayne, and YadkinCounties only.
(d) No permit shall beissued pursuant to subsection (a) of this section for any land‑disturbingactivity that is subject to, but does not comply with, the requirements of G.S.113A‑71. (1969,c. 1066, s. 1; 1973, c. 822, s. 1; 1981, c. 677, s. 2; 1983, c. 377, s. 2; c.614, s. 2; 1987 (Reg. Sess., 1988), c. 1000, s. 1; 1993, c. 539, s. 1065; 1994,Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 741, s. 1; 2002‑165,s. 2.19; 2005‑433, s. 3; 2006‑150, s. 2; 2007‑58, s. 1; 2008‑198,s. 8(c); 2009‑117, s. 1; 2009‑532, s. 2.)