§ 160A-417. Permits.
§ 160A‑417. Permits.
(a) No person shallcommence or proceed with any of the following without first securing from theinspection department with jurisdiction over the site of the work any and allpermits required by the State Building Code and any other State or local lawsapplicable to the work:
(1) The construction,reconstruction, alteration, repair, movement to another site, removal, ordemolition of any building or structure.
(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 equipmentsystem.
(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 writingand shall contain a provision that the work done shall comply with the StateBuilding Code and all other applicable State and local laws. Nothing in thissection shall require a city to review and approve residential building planssubmitted to the city pursuant to Section R‑110 of Volume VII of theNorth Carolina State Building Code; provided that the city may review andapprove such residential building plans as it deems necessary. No permits shallbe issued unless the plans and specifications are identified by the name andaddress of the author thereof, and if the General Statutes of North Carolinarequire that plans for certain types of work be prepared only by a registeredarchitect or registered engineer, no permit shall be issued unless the plansand specifications bear the North Carolina seal of a registered architect or ofa registered engineer. When any provision of the General Statutes of NorthCarolina or of any ordinance requires that work be done by a licensed specialtycontractor of any kind, no permit for the work shall be issued unless the workis to be performed by such a duly licensed contractor. No permit issued underArticles 9 or 9C of Chapter 143 shall be required for any construction,installation, repair, replacement, or alteration costing five thousand dollars($5,000) or less in any single family residence or farm building unless thework involves: the addition, repair or replacement of load bearing structures;the addition (excluding replacement of same size and capacity) or change in thedesign of plumbing; the addition, replacement or change in the design ofheating, air conditioning, or electrical wiring, devices, appliances, orequipment; the use of materials not permitted by the North Carolina UniformResidential Building Code; or the addition (excluding replacement of like gradeof fire resistance) of roofing. Violation of this section shall constitute aClass 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) 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. (1905,c. 506, s. 26; Rev., s. 2986; 1915, c. 192, s. 3; C.S., s. 2748; 1957, c. 817;1969, c. 1065, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 65; 1981, c. 677, s.1; 1983, c. 377, s. 3; c. 614, s. 1; 1987 (Reg. Sess., 1988), c. 1000, s. 2;1993, c. 539, s. 1090; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess.,1994), c. 741, s. 2; 2002‑165, s. 2.20; 2008‑198, s. 8(d); 2009‑532,s. 3.)