tag: North Carolina Land Use Litigator: North Carolina Building Code Council Mulls Energy Efficiency Revisions

Friday, October 1, 2010, 10:35 AM

North Carolina Building Code Council Mulls Energy Efficiency Revisions

Building codes are essentially uniform throughout North Carolina. Each local government is required by statute to adopt the building code approved by the North Carolina Building Code Council with no local variations, save for fire prevention codes and floodplain management regulations.

Of interest to developers and local governments, in 2008 the State of North Carolina accepted a $500,000 grant to rewrite the energy section of its building code. This is, after all, the "going green" era of the grease car, Ed Begley's household cleaner/sundae topping, and movie after movie starring Jonah Hill. Ok, the last part has nothing to do with the environment; but I find all three equally weird.

Anyway, the current energy portion of the North Carolina Building Code is based on the 2006 International Energy Conservation Code (IECC), with some state revision. The proposal under consideration is based on the presumably more efficiency-conscious 2009 version of the IECC. If adopted, these proposed revisions to the state Building Code would have become effective on January 1, 2012.

On September 14, however, the North Carolina Building Code Council voted 8-6 to delay updating the Code as such until, at least, the 2015 code cycle. North Carolina codes are updated on a three-year cycle.

***Update***
The News & Record out of Greensboro is reporting that the North Carolina Building Code Council may take up the proposed revisions as soon as November or December. If true, this represents a departure from the Council's September position. We'll continue to monitor.

Mike Thelen is an associate in Womble Carlyle's Real Estate and Real Estate Litigation practice groups. He regularly represents a wide variety of clients in land use issues, from local governments to businesses, in both state and federal venues throughout North Carolina.

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