POC: Larry Hughes
Tim Bradley
The North Carolina Department of Insurance (DOI) is one of the principal Council of State departments as defined by Article III, Sections 7-8 of the North Carolina Constitution. The Commissioner of Insurance is a member of the Council of State and is elected by the voters of the state every four years.
Under Chapter 58 of the North Carolina General Statutes, the Commissioner and Department of Insurance regulate the various kinds of insurance sold in North Carolina and the companies and agents that sell it. This includes regulating the language in insurance policies and risk classification, as well as helping customers understand their policies and their rights and responsibilities. The Commissioner of Insurance is also charged with the administration and development of the North Carolina State Building Code. The Building Code Council, whose members are appointed by the Governor, writes the Building Code, with Department of Insurance employees providing staff support (see discussion of the Building Code below). The Department of Insurance also provides staff support to the North Carolina Code Officials Qualifications Board, which is responsible for development of certification requirements, training programs, curriculum and testing of all building inspectors within the State of North Carolina. The Community Colleges of North Carolina are empowered to hire instructors and conduct training programs with materials developed by the Qualifications Board. The Department of Insurance also provides staff support to the North Carolina Manufactured Housing Board and the State Fire and Rescue Commission.
Other important functions of the Commissioner and Department of Insurance that affect many citizens of North Carolina are the training of firemen and rescue squad workers and the certification of fire departments for fire insurance rating purposes.
DOI Support for the NFIP
The DOI has also shown tremendous support for the National Flood Insurance Program (NFIP) in North Carolina. In February, 1999, the NC Department of Insurance ordered the insurance industry to advise their policyholders in writing that flood coverage is not offered on a standard homeowner’s policy. However, in the aftermath of destruction caused by Hurricane Floyd in September 1999, when it was realized that the majority of flood victims were not covered by flood insurance, it became clear that DOI must increase its efforts. Through 2013, DOI has been very active in promoting the purchase of flood insurance, especially by citizens whose homes are located in floodplains. Some of DOI’s actions over the past 15 years include:
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Continuing Education (CE) fees for NFIP courses for insurance agents were waived after Hurricane Floyd.
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Press releases were issued about the coming spring flood and hurricane seasons, which encouraged homeowners to purchase flood insurance.
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A Press release entitled “Don’t Be Fooled About Flood Insurance” was developed with the assistance of the Federal Insurance Administration (FIA).
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A bulletin was issued requesting that all property and casualty insurance companies, the NC Underwriting Association, and the NC Joint Underwriting Association notify all policyholders whose policy does not cover the peril of flood of the availability of flood insurance.
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All North Carolina agents are required to take the flood insurance course as part of their annual continuing education credits.
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Flood insurance marketing materials were requested from FEMA for consumer distribution through the Department of Insurance offices in Raleigh, Asheville, and New Bern.
The Department of Insurance is divided into five Sections: Public Services Group; Company Services Group; Technical Services Group; Administration; and Office of the State Fire Marshal. The Office of the State Fire Marshal is described below.
Office of the State Fire Marshal
The OSFM administers and enforces life safety standards throughout the State, promotes risk management practices throughout government, and maintains a sound insurance program for state agencies.
The Office of the State Fire Marshal (OSFM) is divided into six Divisions: Engineering; Manufactured Housing; State Risk Management (formerly State Property Fire Insurance Fund); Fire and Rescue Training and Inspections; Fire and Rescue Commission; and Prevention, Program Development and Grants.
The Commissioner of Insurance serves as the State Fire Marshal.
The Office of the State Fire Marshal, Engineering Division performs the following duties:
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Administer the North Carolina Building Code (see discussion of the State Building Code below);
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Provides interpretation of code requirements and conducts Plan Review of major projects;
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Provides staff to the NC Building Code Council, the NC Code Official Qualifications Board, and to the Home Inspectors Licensing Board;
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Assists with code-related educational programs;
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Administers state examination required for certification of city, county, and state code enforcement officials;
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Administers the state’s accreditation program of independent inspection agencies who test and label electrical and mechanical equipment.
A staff representative from the State Building Code Office serves as a member of the State Hazard Mitigation Advisory Group (SHMAG).
North Carolina State Building Code
The adoption and enforcement of the North Carolina State Building Code is a critical component of natural disaster mitigation and resultant loss reduction. Research conducted on the destruction of the built environment following natural disasters indicates that strict adherence to stringent requirements in building techniques and materials can significantly increase the ability of a built structure to withstand the impact of natural forces.
North Carolina has adopted a mandatory State-wide building code. As of March 1, 2012, the 2012 codes for North Carolina are in effect. The new codes are based on the previous edition (2009) model code developed by the International Code Council (ICC), with amendments for North Carolina. The North Carolina Code is reviewed quarterly by the Building Code Council, whose 17 members are appointed by the Governor. Amendments to the Code are made as new requirements and materials are introduced. Economic impact statements are prepared with each proposed change so that the Council and the public are made aware of the economic impact that code changes may produce. North Carolina does not allow local governments to make any amendments to the State-mandated Building Code, except by special act of the Legislature.
The North Carolina State Building Code is grounded in the State’s police powers, which allow regulation of activities and property to preserve or promote public health, safety and welfare. The Codes operate as performance standards to regulate, among other things, structural integrity, fire resistance and construction materials. They include design provisions to reduce damages from multiple natural hazards such as high winds, earthquakes and floods. The Codes contain maps indicating the various wind and seismic zones. The maps are based on the maps in ASCE (American Society of Civil Engineers) 7-98. For the 2012 NC Building Code, the Building Code Council approved a wind-borne debris region that extends from the intercostal waterway to the ocean and the barrier islands.
Coverage of the North Carolina Code includes the following occupancies: 1 and 2 family dwellings; multi-family dwellings; commercial buildings (low and high-rise); industrial buildings; local and state-owned buildings; schools; hospitals; hotels and motels; and auditoriums. The North Carolina Code does not apply to farm buildings. The primary application of the code is to regulate new or proposed construction, but it also applies to reconstruction, rehabilitation and alterations to existing buildings.
The NC State Building Codes are comprised of several volumes. Each volume is a stand-alone document. Listed below are the codes that are applicable to construction work in the State of North Carolina:
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NC State Building Code 2012
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NC State Building Code Residential Code 2012
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NC State Mechanical Code 2012
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NC State Plumbing Code 2012
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NC State Gas Code 2012
NC State Electrical Code 2012
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NC State Fire Prevention Code 2012
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NC Administrative and Policies Code 2012 (Administrative Code)
Building Code Administration at the Local Level
While the Commissioner of Insurance is given overall authority for enforcement, the North Carolina Building Code is administered and enforced at the local level by county or municipal inspectors.
Local enforcement of the Building Code entails both plan review and construction inspection.
Plan Review: An applicant for a building permit must submit plans for review and approval. The building department can approve, require revisions, or reject the plans. Construction cannot begin until the building department confirms that the plans conform to the building code.
Construction Inspection: The local building department requires an inspector to visually monitor the construction progress. The inspector’s duty is to verify that construction conforms to the approved plans. The inspector is a municipal or county employee or a contracted third party. Should code compliance be difficult to achieve the inspector has a very powerful enforcement tool called a “stop work order.” A stop work order is issued to the construction firm if the inspector finds a code violation that must be corrected before any further construction is performed. Construction must be completed and approved before the building department will issue an occupancy permit.
The quality of enforcement depends directly upon the caliber of the local building code official. North Carolina requires testing and licensing for all building officials, but continuing education for licensed inspectors is not required. The Department of Insurance has supported the requirement of continuing education for all inspectors, however, this proposal has not been approved by the Legislature. Unlike the majority of states, North Carolina does require that general contractors for projects costing $30,000 or more be licensed by the NC General Contractors’ Licensing Board. An electrical contracting license is required from the NC Electrical Contractors’ Board; a mechanical/plumbing contractors’ license is required by the NC Mechanical/Plumbing Contractors’ Board.
The demands on a local building department following a hazard event test its resources and manpower. Despite the pressures that are sometimes exerted to return to normalcy as soon as possible, local enforcement of the Building Code must not be relaxed in such a way that would endanger our citizens. The State of North Carolina emphasizes strict adherence to the Building Code during reconstruction following a disaster, a policy which strengthens our communities against future natural hazard events.
Office of the State Fire Marshal, Manufactured Building Division
Manufactured homes are constructed under a federal program administered by the Department of Housing and Urban Development (HUD) according to standards under the Manufactured Home Construction and Safety Standards. The NC State Building Code does not apply to manufactured housing.
The Manufactured Building Division works to assure that construction standards for manufactured homes are maintained and that warranty obligations under state law are met. The NC Manufactured Housing Code, 2004 Edition, became effective March 1, 2004 and is still effective through 2013. Regulations pertaining to manufactured homes include requirements that they be anchored to prevent flotation, collapse or lateral movement in the event of flooding. The division monitors handling of consumer complaints, licenses the makers of manufactured homes, dealers, sales representatives and set-up contractors, and acts as staff for the NC Manufactured Housing Board.
The inspection of manufactured home installation is conducted at the local level in accordance with the state of North Carolina Regulations for Manufactured/Mobile Homes. The Manufactured Building Division assists local inspectors in their enforcement of the installation requirements for manufactured homes.
A large percentage of the population in North Carolina depends upon manufactured housing as its primary residence. The State of North Carolina is sensitive to the fact that manufactured housing often provides an affordable form of shelter that otherwise may not be available, especially in rural or economically depressed regions of the State. It is therefore the policy of the State to maintain the safety and integrity of the supply of manufactured housing through criteria established by HUD and the NC Manufactured Housing Board, while also ensuring it remains a viable housing choice for North Carolinians of modest means.
Office of the State Fire Marshal, Fire and Rescue Commission Division
The Fire and Rescue Commission Division serves as staff to the Fire and Rescue Commission and handles the State’s voluntary certification system, as well as the State Fire and Rescue Incident Reporting System. The Division also serves as the contact for all federal programs developed and offered by the U.S. Fire Administration and the National Fire Academy.
Office of the State Fire Marshal, Program Development, Prevention and Grants Division
The Program Development, Prevention and Grants Division administers the Firemen’s Relief Fund, Rescue Relief Fund, assists all divisions within the Office of the State Fire Marshal with development of programs and brochures, and provides direction and support for injury prevention programs statewide. The Division also administers matching grants to volunteer fire departments and rescue squads, and offers fire prevention education in the public schools.
Office of the State Fire Marshal, Fire and Rescue Training and Inspection Division
The Fire and Rescue Training and Inspection Division trains fire departments, rescue squads, and instructors to improve fire and rescue protection statewide. Through special schools, development of training programs and teaching outlines, and specialist training directed to instructors, this Division provides continuous upgrade to the training of our State’s emergency workers. Fire departments delivery capabilities are measured and upgraded by providing initial insurance ratings for fire departments, as well as coordination for the improvement of ratings to reduce insurance costs for homeowners. The Division also conducts annual inspections of fire departments.
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