Bulletin on Local Governments’ Use of Building Code Enforcement Fees

G.S. 143-151.15 states that “[a] certificate issued by the Board under this Article is valid as long as the person certified is employed by the State of North Carolina or any political subdivision thereof as a Code-enforcement official, or is employed by a federally recognized Indian Tribe to perform inspections on tribal lands as a Code-enforcement official.” 

The statute requires that an inspector be employed by at least one jurisdiction to perform code enforcement. There are no known State requirements to prevent an inspector from being employed at multiple jurisdictions simultaneously or making inspections for different inspections departments of various jurisdictions in a single day.

Certificate of Employment Form

Neither Article 9C or the NCAC Board Rules define the term “employment”. The common present tense meaning of “employed” (i.e. employ) according to Merriam-Webster is:

1. to make use of (someone or something inactive)
2. to use (something, such as time) advantageously
3. (1) to use or engage the services of; (2) to provide with a job that pays wages or a salary.

A jurisdiction and inspector can meet the common definition and intent of G.S. 143-151.15 once a valid “Certificate of Employment” form is submitted and approved by the Licensing & Certification Section of OSFM. The Certification of Employment form declares to OSFM that the jurisdiction and the inspector knowingly and willingly have an agreement that allows the inspector to perform code enforcement in the jurisdiction. In the event that an inspection was contested, the public and the State must be able to identify the parties involved and rely on the local government to resolve valid deficiencies resulting from inspectors of that jurisdiction regardless of the manner in which the inspector is being compensated. 

Therefore, inspectors may be W2 paid personnel, 1099 contract, bonafide employees of a neighboring jurisdiction, voluntary, or similar arrangements and still be considered “employed” with respect to G.S. 143-151.15 with a valid “Certificate of Employment” form.

Certificate of Employment Form

An inter-local agreement is a term generally used to describe contracts between jurisdictions to allow employees of one local government to work in other government agencies. Inter-local agreements are strictly between at least two government bodies and have no bearing on the certification requirements of inspectors or their ability to legally practice code enforcement in jurisdictions. The term inter-local agreement is commonly misused to refer to the State documentation required for inspectors working in multiple jurisdictions. 

Jurisdictions can assist each other in fulfilling their code enforcement duties via inter-local agreements or other mutual aid contracts if the inspectors of those jurisdictions have a Certificate of Employment form on file with the Licensing & Certification Section of OSFM in each jurisdiction they are performing code enforcement. The Certificate of Employment form in which the inspector is a full-time employee must declare that jurisdiction as their “Primary Jurisdiction”; all others Certificate of Employment forms for the same inspector shall declare those jurisdictions as a “Secondary Jurisdiction”.

Certificate of Employment Form

Inspectors can work in multiple jurisdictions if they have a Certificate of Employment form on file with the Licensing & Certification Section of OSFM in each jurisdiction they are performing code enforcement. The Certificate of Employment form in which the inspector is a full-time employee must declare that jurisdiction as their “Primary Jurisdiction”; all others Certificate of Employment forms for the same inspector’s part-time enforcement shall declare those jurisdictions as a “Secondary Jurisdiction”.

Certificate of Employment Form

This answer is exclusively for opining on the certification requirements and does not supersede, supplement or consider employment regulations.

Inspectors that are not typical personnel of a jurisdiction and work in one or more jurisdictions exclusively as a contractor or volunteer are commonly referred to as “contract inspectors”. Contract inspectors must have valid Certificate of Employment forms submitted and approved by the Licensing & Certification Section of OSFM for each jurisdiction in which code enforcement is performed and may do so without declaring a primary jurisdiction. There is a box to check for “Contract basis only” on the Certification of Employment form.

Certificate of Employment Form

11 NCAC 08 .0702 (c) states that “[a] code enforcement official holding a certificate indicating a specified level of proficiency in a particular type of position may hold a position calling for that type of qualification anywhere in the State.”

On the Certificate of Employment form, the inspector and jurisdiction have the option to choose the trade areas of responsibility in that jurisdiction. An example is an inspector may choose to activate only his or her electrical and mechanical inspector’s certification in their primary jurisdiction located in the piedmont where they reside Monday through Thursday and only activate their fire prevention certification in their secondary jurisdiction where they have a second home at the coast and assist the local fire department with pyrotechnic inspections on the weekends. 

Inspectors may choose to do this so there is no internal employment conflict with working in two jurisdictions. However, careful attention should be made to ensure that only the trades declared on the Certificate of Employment are being enforced by the inspector in the jurisdictions. 

Certificate of Employment Form