The URL can be used to link to this page

Home My WebLink AboutRe_ Farm Building Exemption __ Wedding VenuesThis sounds fine to me I do not mind if my building is held to the standards of the code that relates to its use. I think my concern was the separation of previous set of permits as opposed to what will be required going forward. As long as that is agreeable to everyone I will proceed as soon as the meeting is over in April with Regina. I just need to know what permits to pull for the addition of the restrooms. Thanks so very much. Loren Sent from my iPhone On Mar 28, 2017, at 2:12 PM, Donna Johnson <djohnson@harnett.org <mailto:djohnson@harnett.org> > wrote: Per Ken, you can act as the general contractor for you job. Since you own and occupy the structure. The trades will have to be done by licensed subcontractors. I have also attached the notice from the licensing board in regards to farm building/wedding venues. Thank you, Donna M. Johnson Project Coordinator/Customer Service Rep. Dept. of Development Services Central Permitting Division 108 E. Front St. PO Box 65 Lillington, NC 27546 910-814-6431 (Office) 910-893-7525 Option 2/3 (Main) From: Ken Slattum Sent: Friday, March 24, 2017 1:00 PM To: Donna Johnson <djohnson@harnett.org <mailto:djohnson@harnett.org> >; Jennifer Brock <jbrock@harnett.org <mailto:jbrock@harnett.org> >; Mark Locklear <mlocklear@harnett.org <mailto:mlocklear@harnett.org> >; Randy L. Baker <rbaker@harnett.org <mailto:rbaker@harnett.org> >; Jay Sikes <jsikes@harnett.org <mailto:jsikes@harnett.org> >; Brad Sutton <bsutton@harnett.org <mailto:bsutton@harnett.org> > Subject: FW: Farm Building Exemption // Wedding Venues From: Gupton, Barry [mailto:Barry.Gupton@ncdoi.gov] Sent: Friday, March 24, 2017 9:04 AM To: Monica L. Jackson <mjackson@harnett.org <mailto:mjackson@harnett.org> > Cc: Jimmy Riddle <jriddle@harnett.org <mailto:jriddle@harnett.org> >; Bill Lamm <blamm@harnett.org <mailto:blamm@harnett.org> >; Ken Slattum <kslattum@harnett.org <mailto:kslattum@harnett.org> >; Lacey Segars <lsegars@harnett.org <mailto:lsegars@harnett.org> >; Christopher Appel <cappel@harnett.org <mailto:cappel@harnett.org> >; Austin, Dan <Dan.Austin@ncdoi.gov <mailto:Dan.Austin@ncdoi.gov> > Subject: FW: Farm Building Exemption // Wedding Venues A building that is constructed primarily for weddings, receptions, or other assembly uses is not a farm building. If a building is constructed primarily for assembly use (weddings, receptions, etc.), then the requirements of the North Carolina Codes apply regardless of where the building is constructed. The Farm Building exclusion that covers wedding venues is copied below in part. § 143-138. North Carolina State Building Code. … (b4) Exclusion for Certain Farm Buildings. - Building rules do not apply to (i) farm buildings that are located outside the building-rules jurisdiction of any municipality, (ii) farm buildings that are located inside the building-rules jurisdiction of any municipality if the farm buildings are greenhouses, (iii) a primitive camp, or (iv) a primitive farm building. For the purposes of this subsection: … (1a) A "farm building" shall not lose its status as a farm building because it is used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting. The exclusion that covers wedding venues identifies that a farm building does not lose its “farm status” when used for other events. If a building is used primarily as a “farm building” and occasionally for assembly use, then the construction requirements of the North Carolina Codes do not apply. Additions or modifications to existing buildings (bathrooms, HVAC, kitchens, toilets, etc.) that are made to support the assembly use must meet the requirements of the North Carolina Codes. In my opinion the exclusion does not exempt periodic Fire inspections for the purpose of identifying activities and conditions that pose dangers of fire, explosion, or related hazard (Section 106). The Farm Building exclusion that covers equine facilities is copied below in part. (1) A "farm building" shall include: a. Any structure used or associated with equine activities, including, but not limited to, the care, management, boarding, or training of horses and the instruction and training of riders. Structures that are associated with equine activities include, but are not limited to, free standing or attached sheds, barns, or other structures that are utilized to store any equipment, tools, commodities, or other items that are maintained or used in conjunction with equine activities. The specific types of equine activities, structures, and uses set forth in this subdivision are for illustrative purposes, and should not be construed to limit, in any manner, the types of activities, structures, or uses that may be considered under this subsection as exempted from building rules. A farm building that might otherwise qualify for exemption from building rules shall remain subject only to an annual safety inspection by the applicable city or county building inspection department of any grandstand, bleachers, or other spectator-seating structures in the farm building. An annual safety inspection shall include an evaluation of the overall safety of spectator-seating structures as well as ensuring the spectator-seating structure's compliance with any building codes related to the construction of spectator-seating structures in effect at the time of the construction of the spectator-seating. It is my opinion that a building that is exempt from the construction requirements of the North Carolina Codes is also exempt from the construction requirements of the North Carolina Fire Code. The requirements for construction of and egress from spectator seating seem to be the primary concern. It is my opinion that the specific requirement for an annual safety inspection of spectator-seating structures does not preclude periodic Fire inspections for the purpose of identifying activities and conditions that pose dangers of fire, explosion, or related hazard (Section 106). The attached e-mail string seems to address horse-related facilities, rather than wedding venues. The Surry County decision (linked below) is based on site-specific findings and conclusions. http://www.ncdoi.com/OSFM/Engineering_and_Codes/Documents/Interpretation s4/All%20Appeals/160816%20Jonczak%20NCDOI%20Decision%20-%20Farm%20Buildi ng.pdf Thank you. NC Department of Insurance Barry Gupton, PE Chief Code Consultant Engineering, Code Services Section 116 West Jones Street, Room B135 Raleigh, NC 27603 919-647-0004 Fax 919-662-4414 Main 919-647-0000 www.ncdoi.com <http://www.ncdoi.com/> NCDOI Home Page www.ncdoi.com/osfm <http://www.ncdoi.com/osfm> OSFM Home Page www.ncdoi.com/OSFM/Engineering/engineering_home.asp <http://www.ncdoi.com/OSFM/Engineering/engineering_home.asp> Code Services, Interpretations www.ncbuildingcodes.com <http://www.ncbuildingcodes.com/> NCBCC Home Page Sharon Konopka, BCC Administration, x0019 Laurel Wright, Chief Accessibility Code Consultant, x0014 Carl Martin, Chief Building/Existing Building Code Consultant, x0009 Joe Starling, Chief Electrical Code Consultant, x0020 Billy Hinton, Chief Energy Conservation/Mechanical Code Consultant, x0008 Melanie Butler, Chief Existing Building/Residential Code Consultant, x0016 Dan Austin, Chief Fire Code Consultant, x0011 Dan Dittman, Chief Mechanical/Fuel Gas/Energy Conservation Consultant, x0012 Bill Moeller, Chief Plumbing Code/Fuel Gas Consultant, x0007 Bill Kirk, Chief Residential/Building Code Consultant, x0006 Mike Page, Interpretation Section Supervisor, x0017 Tim Morrison, Plan Review Section Supervisor, x0021 Mark Bailey, Plan Review Consultant, x0015 Kevin Durigon, Plan Review Consultant, x0103 Natalia Santiago, Plan Review Consultant, x0018 Renita Denton, Plan Review Administration, x0005 -------- Original Message -------- Subject: Farm Building Exemption // Wedding Venues From: "Monica L. Jackson" <mjackson@harnett.org <mailto:mjackson@harnett.org> > To: "Austin, Dan" <Dan.Austin@ncdoi.gov <mailto:Dan.Austin@ncdoi.gov> > CC: "Taylor, Brian T" <brian.taylor@ncdoi.gov <mailto:brian.taylor@ncdoi.gov> >,"Causey, Mike" <Mike.Causey@ncdoi.gov <mailto:Mike.Causey@ncdoi.gov> >,Jimmy Riddle <jriddle@harnett.org <mailto:jriddle@harnett.org> >,Bill Lamm <blamm@harnett.org <mailto:blamm@harnett.org> >,Ken Slattum <kslattum@harnett.org <mailto:kslattum@harnett.org> >,Lacey Segars <lsegars@harnett.org <mailto:lsegars@harnett.org> >,Christopher Appel <cappel@harnett.org <mailto:cappel@harnett.org> > Mr. Austin: I am writing to you in reference to the issues raised in the attached e-mail by my county’s Director of Emergency Services and Chief Fire Marshall. As I understand it, the county has a number of property owners who either have established farm buildings (barns) or are constructing new ones on their property which are being utilized as wedding venues. Several questions are being raised about these ventures, including how, if at all, they are to be regulated under the State fire and building codes. Per the attached e-mail, Harnett County reached out to you to pose several questions, all of which essentially raise the general issue of whether the State fire and building codes are applicable to these barns/wedding venues. Your response back essentially put interpretation of State fire and building code laws and regulations back on the county for interpretation. I reviewed the issues raised by my county officials in the attached e-mail, including the applicable law (§153A-365 and §143-138(b4) of the North Carolina General Statutes), as well as a NCDOI Decision dated August 16, 2016 concerning a similar issue in Surry County. In addition, we spoke with the Surry County Fire Marshall to see whether or to what extent your agency provided any guidance to them in how to proceed in such situations going forward. Section 143-138(b4) clearly exempts all farm buildings from “building rules,” however it goes on to state that “a farm building that might otherwise qualify for exemption from building rules shall remain subject only to an annual safety inspection,” which includes “evaluation of the overall safety of spectator-seating structures as well as ensuring the spectator-seating structure’s compliance with any building codes…” Nowhere in this statute does it define what an annual safety inspection encompasses. I understand that your position is that you cannot provide interpretations of general statutes, only codes. After reviewing and interpreting §153A-365 and §143-138(b4) myself, it appears that the issue really lies in interpretation of the State fire and building codes, since these statutes do not define what an annual safety inspection encompasses. Therefore, our question to you and your agency, who are charged with interpreting State fire and building codes, is whether §143-138(b4) triggers components of the State fire and building codes, and if so, to what extent? In addition, I am unsure, as I do not interpret State fire and building codes, whether this annual safety inspection language triggers occupancy classifications. Also, it would be helpful to know how in-depth the State fire and building codes allow enforcement, assuming that they are, in fact triggered (which is my primary question). We look forward to your prompt response to these important issues. I, along with our Fire Marshall and Director of Emergency Services, have real concerns about potential safety hazards posed by having large groups of people gathering in structures that underwent no type of fire or building inspection at all. If a mass casualty event were to occur at one of these venues, not only counties and municipalities, but also the State would be seen as responsible for explaining whether the event could have been prevented by clearer enforcement of State fire and building codes. With kindest regards, I am Very truly yours, Monica Langdon Jackson Senior County Staff Attorney County of Harnett 102 East Front Street Post Office Box 238 Lillington, North Carolina 27546 (910)814-6007 – Direct (910)814-8261 – Facsimile <mime-attachment> ㇎덂ቇ᱄銯셝솧챠䟱侂ﻀ꙲䡰탰娡浠닐㣣ﴖ酰䍢ꚰ尡튐⳱ﴖ恚䱺沑ꑀ⮁⑤忡笲센㇭ꙧ꜠梣漐⿿⦀ⵁ䕰御댲ﾏ缒ᘼᡰ博㎣〵텆¦퇽称ၨ늧᏶셝꟔駩糿덢ᴠắ�ᣭ婐惠ｐ솥ꁠ逗녧션텆愱䟲愱。믓㜤羁䇊烞ʦᖩᄾ犳銯ﭭィ遫ᅩৰ㮠�噰＠〗槵៳ⅅ퇝䁬蔛槼⩢嵁璴恰彡ﾸ䁄猷㼫伬弭섺䇳⓿㹰㝱⢂儴堃￡立늧뿵쫶俽．༐ᇿሟጯᐿᕏᙟᝯ᡿ﾏ弳漴⼌꽊뽋콌�姿冏刏匟启唿ᡏ痪︂덫䫠ᬑ⩢❰�奴￯ｚཛྷὝ⽞㽟你彡潢揿摿嚏圏堟夯栿榟ﾯ뽪콫�罷ｮ཰ά⽲珻琿噈쀥烮ㆩ㊤헿睰磏租端糿紏縟Ｏ㽿侀征澂ｴྲྀί藿蛯裿褏訟鐯賏赏｟澎羏辐龑翦迧궡䃑㣞낢냩䆽퀮㽹齠ର逿胸먭竀㩥렱⸲鼰ꓯ䴔瀺 볡쨐䪠胺毮悟Ⱛ¯ꔱｿ⾤࿫㾬澕羖辗龘꾙꿿鬯鳏鷟黯ꟿꅿ␙뭀뀻ꄿ㩃ⓒ뀡映䇬⍴툱秠辯龰꾱닿뎿듏뗟뛯룿뤏먟캠ꖼ턩䉈튠뷠부྿῀⿁㿂促忄濅翆잧좏ꂟ㇎괰䗐ꃕ䘀‛ᄝ灈䁇僩뿋쳿췏컟쿯퇿툏팟퐯뜿俕忖캠⡐ᴐ传䂽␁₁潂⁸㌲㣾뿙쿚�￝࿟ῠꁟ䳎샶悡 㠀渠뀠ǲ儡䉃ڠ㙱㉰㔷㘴伏῰⿱㿲캠㤨惘䨩ꔸⵀ邡㜰↔ＹႫ㾒侓徔�＆ࣿएਟଯి൏๟཯ｿ輐鼑꼒뼓켔�７᧿ᨏᬟᰯᴿṏὟ⁯ｿ輡鼢꼣뼤켥�Ｈ⫿⬏Ⱏ⴯⸿⽏たㅯｿ輲鼳꼴뼵켶�Ｙ㯿㰏㴟㸯㼿䁏䅟䉯ｿ轃齄꽅뽆콇�ｊ䳿䴏丟伯倿兏剟卯ｿ轔齕꽖뽗콘�｛巿帏弟怯愿扏损摯ｿ轥齦꽧뽨콩�ｬ滿漏瀟焯爿獏瑟畯ｿ轶齷꽸뽹콺�ｽ翿耏脟舯茿葏蕟虯ｿ辇龈꾉뾊쾋�ﾎ郿鄏鈟錯鐿镏陟靯ｿ辘龙꾚뾛쾜�ﾟꇿꈏꌟ ꐯꔿꙏꝟꡯｿ辩龪꾫뾬쾭�ﾰ닿댏됟딯똿띏롟륯ｿ辺龻꾼뾽쾾�￁쏿쐏씟옯윿졏쥟쩯ｿ迋鿌꿍뿎쿏�ￒ퓿픏혟휯��ｿ远鿝꿞뿟쿠�￣ｿ迭鿮꿯뿰쿱�￴勞憎ﭏﱟﵯｿ迾鿿꼀뼁켂�％߿ࠏटਯି౏ൟ๯ｿ輏鼐꼑뼒켓�６᣿ᤏ᨟ᬯ᰿ᵏṟὯｿ輠鼡꼢뼣켤�Ｇ⧿⨏⬟Ⱟⴿ⹏⽟はｿ輱鼲꼳뼴켵�Ｘ㫿㬏㰟㴯㸿㽏䁟䅯ｿ轂齃꽄뽅콆�ｉ䯿䰏䴟丯伿偏兟副ｿ轓齔꽕뽖콗�ｚ峿崏帟弯怿慏扟捯ｿ轤齥꽦뽧콨� ｫ淿渏漟瀯焿牏獟瑯ཿ轵齶ꝷ䁸灜牡₞졸偹뽹㐲䁸㱀㩯㹰籽㗜㉺큽累糳笶砲デ矟硠篘腁眨㝍㉿Ṿ眗筀眴㙫셽⁰c慬獳∽獍漀潎浲污ഢ꡿眠芀屇楬ȳ眶⡀ㄹ⤰耸㐱㠭㘲礱Q㘹䘠捡楳淰汩籥緟绯胿／ᾁ⾂㾃侄待澆羇躈矿硯祿讏貟趯躿迏㿟羚ﾑྒྷ⢘ꂉ솛搯槼陶鸩鞈ꋬ꓿ꔏ？⾦㾧侨復澪춓⾯㾰꬏곯껿댏戅潬쁣煫潵整꾳뾴朊膊똼‸祴镥捠뙩隰뜟룟￤粳�ஔ徽侗妘肘䦙㰆梻敭愭䥴邘档瑮㿁ﵧ嫂븾ꄏ鵤麿뗆댏齟澻羵辶�ઘ㠵拍濨祤⺜鴷콁鱢Ƞ퍽