GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 598
     

 
Short Title:	Building Inspections Contracted.	()	
Sponsors:	Representatives McMahan;  Alexander, Earle, Easterling, Harrington, Rayfield, and C. Wilson.	
Referred to:	Ways and Means.	
March 14, 2001

A BILL TO BE ENTITLED
AN ACT to allow counties and municipalities to contract with private individuals to perform building inspections.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 153A‑353 reads as rewritten:
"§ 153A‑353.  Joint inspection department; other arrangements.
A county may enter into and carry out contracts with one or more other counties or cities under which the parties agree to create and support a joint inspection department for enforcing those State and local laws and local ordinances and regulations specified in the agreement. The governing bodies of the contracting units may make any necessary appropriations for this purpose.
In lieu of a joint inspection department, a county may designate an inspector from another county or from a city to serve as a member of the county inspection department, with the approval of the governing body of the other county or city. A county may also contract with an individual who is not a city or county employee but who holds one of the applicable certificates as provided in G.S. 153A‑351.1 or G.S. 160A‑411.1 or with the employer of an individual who holds one of the applicable certificates as provided in G.S. 153A‑351.1 or G.S. 160A‑411.1. The inspector, if designated from another county or city under this section, while exercising the duties of the position, is a county employee. The county shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the county as it does for an individual who is an employee of the county. The company or individual with whom the county contracts shall have errors and omissions and other insurance coverage acceptable to the county."
SECTION 2. G.S. 160A‑413 reads as rewritten:
"§ 160A‑413.  Joint inspection department; other arrangements.
A city council may enter into and carry out contracts with another city, county, or combination thereof under which the parties agree to create and support a joint inspection department for the enforcement of State and local laws specified in the agreement. The governing boards of the contracting parties are authorized to make any necessary appropriations for this purpose.
In lieu of a joint inspection department, a city council may designate an inspector from any other city or county to serve as a member of its inspection department with the approval of the governing body of the other city or county. A city may also contract with an individual who is not a city or county employee but who holds one of the applicable certificates as provided in G.S. 160A‑411.1 or G.S. 153A‑351.1 or with the employer of an individual who holds one of the applicable certificates as provided in G.S. 160A‑411.1 or G.S. 153A‑351.1.  The inspector, if designated from another city or county under this section, shall, while exercising the duties of the position, be considered a municipal employee. The city shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the city as it does for an individual who is an employee of the city. The company or individual with whom the city contracts shall have errors and omissions and other insurance coverage acceptable to the city.
The city council of any city may request the board of county commissioners of the county in which the city is located to direct one or more county building inspectors to exercise their powers within part or all of the city's jurisdiction, and they shall thereupon be empowered to do so until the city council officially withdraws its request in the manner provided in G.S. 160A‑360(g)."
SECTION 3.  This act becomes effective October 1, 2001.