Send an Email
Recognizing that disagreements occur on both code interpretations and field conditions, the Department offers customers this appeal process. While the Department encourages communication between the contractor and CEO regarding failed inspections, it is anticipated appeals will most often be used to address failed inspections impacting a contractor's project failure rate and subsequently, the final project fee adjustment by the re-inspection fee program.
Customers who disagree with the initial response to an appeal on the technical or administrative requirements of the N. C. State Building code, have recourse, in the following order:
Note: further details on the appeal process at the State Agency and Commission level are available by consulting the
2018 NC Administrative Code and Policies, Chapter 1; section 103: Appeals. This should be consulted as state appeal submission requirements are very detailed.
Appeal Related to Re-Inspection Fee Charges
One of the most important provisions in the NC Administrative Code is section 105.1 Alternate Material, Design or Methods. The intent of this section is to allow the implementation of new technologies and to encourage state-of-the-art concepts in construction that may not have been recognized or even existed during the code’s formal development process, if they meet the performance level intended by the code. The proposed alternative must be equal in quality, strength, effectiveness, fire resistance, durability, safety. The project’s appearance, functionality, cost or construction schedules are not valid considerations when submitting an Alternate Means and Methods Request (AMMR). The AMMR shall be submitted to MCCE Code Administrator for approval. Communication with the Code Administrator should begin as early in the project as possible. A key element of the AMMR process is to give all involved parties the time to consult each other and to educate themselves on the specific code requirements in question. Additional tests or analysis may be required by the Code Administrator per section 105.2. If the proposed alternative is determined to not meet the performance level intended by the code, the specific reason for disapproval will be submitted in writing.
AMMRs are typically deliberate design decisions submitted during plan review. Reasons could include exposed structural material, complicated existing conditions, tested assembly modifications, means of egress design alternatives, mixed construction types, or unique design concepts. Engineering Judgments (EJs) are one of the six methods listed in code to establish a fire-rating. They are typically submitted to address constructability or fire-rating continuity issues discovered in the field during the inspection process.