21 NCAC 02 .0211             UNAUTHORIZED PRACTICE

(a)  Interpretations of certain of the exemptions found in G.S. 83A‑13 are set forth in this Rule.  Nothing in this Rule exempts any activity from the requirements contained in G.S. 89C:

(1)        Family Residence Exemption, as set forth in G.S. 83A‑13(c)(1). Grade level exit means an exit which provides ingress and egress on a level which exits on grade.  To be exempt, each unit in the building must exit on grade level.

(2)        Farm Building Exemption is as set forth in G.S. 83A‑13(c)(2).

(3)        Ninety Thousand Dollar Exemption, as used in G.S. 83A‑13(c)(3), means that the ninety thousand dollar ($90,000) value is the probable completed construction cost and does not include the land value. Change orders may not be used to increase the cost and scope of the project from exempt to non‑exempt status.

(4)        2,500 Gross Floor Area Exemption, as used in G.S. 83A‑13(c)(4), means the total gross floor area, both heated and unheated, within the inside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of interior walls, columns or other features, exclusive of areas open and unobstructed to the sky.  Open eaves, overhangs, canopies, awnings, or similar open elements are not included.

(5)        Alteration, Remodeling and Renovation Exemption, as set forth in G.S. 83A‑13(c)(5):

(A)       In order to qualify for the existing building exemption in G.S. 83A‑13(c)(5), a certificate of occupancy for the building must have been issued.  The value of the building, as used in G.S. 83A‑13(c)(5), is the undepreciated tax value of an existing building as accepted by the U.S. Internal Revenue Service, or where not applicable, a value computed on the same basis as undepreciated tax value, or the property tax value, whichever value is higher, shall be used to determine existing building value.

(B)       The seal of an architect, or professional engineer, as appropriate, is required if the alteration, remodeling or renovation alters or affects the structural system of a non‑exempt building.  Structural system, as used in G.S. 83A‑13(c)(5), means the essential elements that form the support system of the building and, includes, but is not limited to, the fire protection and fire suppression systems of the building.  Alter, as used in G.S. 83A‑13(c)(5), means changes in the structural system of the building.  Affect, as used in G.S. 83A‑13(c)(5), means an imposition of live loads, dead loads or seismic mass which was not contemplated in the original design of the structural system.

(6)        Shop Drawings, as used in G.S. 83A‑13(c)(6), means those drawings prepared in‑house by subcontractors and other specialists under the nonsupervisory control of the architect.

(b)  The exemption for preparing one's own plans or data, as set forth in G.S. 83A‑13(d), does not exempt the preparation of specifications required to obtain a building permit in the construction of a building not exempt under G.S. 83A‑13(c).  Specifications means a description of the quality, size and strengths of the materials being used in a building.

(c)  Under G.S. 83A‑13(e), in addition to the requirement to sign the plans, the name of the preparer must be legibly printed.  If the design is prepared by a corporation, then the corporate officer assuming responsibility for the preparation must disclose his relationship to the corporation in addition to signing the sheets and disclosing the corporate address.  An architect who prepares a design for an exempt project must seal and date that design, in compliance with G.S. 83A‑10, even though the project may otherwise be classified as exempt under G.S. 83A‑13.


History Note:        Authority G.S. 83A‑1(7); 83A‑6; 83A‑10; 83A‑12; 83A‑13; 83A‑17;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 1, 1991; May 1, 1989; November 1, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.