NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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EXECUTIVE ORDERS EXECUTIVE ORDER NO. 109 PROCLAMATION OF STATE OF DISASTER FOR JONES COUNTY AND DUPLIN COUNTY WHEREAS, I have determined that a State of Disaster and State of Emergency, as defined in N.C.G.S. §§166A-4 and 14- 288.1(10), exists in the State of North Carolina, specifically Jones County and Duplin County as a result of the damage done by Tropical Storm Ernesto on August 31, 2006, through September 3, 2006; WHEREAS, on August 31, 2006, Jones County proclaimed a local State of Emergency; WHEREAS, on September 18, 2006, Duplin County proclaimed a local State of Emergency; WHEREAS, pursuant to N.C.G.S. §166A-6, the criteria of a Type I disaster are met including the following: (1) receipt of the preliminary damage assessment from the Secretary of Crime Control and Public Safety; (2) Jones County and Duplin County declared a local state of emergency pursuant to N.C.G.S. §166A-8 and N.C.G.S. §§14-288.12, 14-288.13, and 14-288.14, and forwarded a written copy of the declaration to the Governor; (3) the preliminary damage assessment meets or exceeds the criteria established for the Small Business Disaster Loan Program pursuant to 13 C.F.R. Part 123, or meets or exceeds the State infrastructure criteria set out in N.C.G.S. §166A-6.01(b)(2)a; and, (4) a major disaster declaration by the President of the United States pursuant to the Stafford Act has not been declared; and NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: Section 1. Pursuant to N.C.G.S. §§166A-6 and 14-288.15, a State of Disaster and State of Emergency is hereby declared for Jones County and Duplin County. Section 2. State and local government entities and agencies are hereby ordered to cooperate in the implementation of the provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan. Section 3. Bryan E. Beatty, Secretary of Crime Control and Public Safety and/or his designee, is hereby delegated all power and authority granted to me and required of me by Chapter 166A and Article 36A of Chapter 14 of the General Statutes for the purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to promote and secure the safety and protection of the populace in the above-referenced counties. Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer of the State of North Carolina, shall exercise the powers prescribed in N.C.G.S. §143B-476. Section 5. I authorize this proclamation: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) unless the circumstances of the state of disaster and state of emergency prevent or impede, to be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation. Section 6. The Type I disaster declaration shall expire 30 days after the issuance of the state of disaster and state of emergency and Type I disaster proclamation for Jones County and Duplin County, issued on October 10, 2006, unless renewed by the Governor or the General Assembly. Such renewals may be made in increments of 30 days each, not to exceed a total of 120 days from the date for first issuance. The Joint Legislative Commission on Governmental Operations shall be notified prior to the issuance of any renewal of a Type I disaster declaration. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this tenth day of October in the year of our Lord two thousand and six, and of the Independence of the United States of America the two hundred and thirtieth. __________________________________________ Michael F. Easley Governor ATTEST: __________________________________________ Elaine F. Marshall Secretary of State 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 761
IN ADDITION Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING NORTH CAROLINA BUILDING CODE COUNCIL Notice of Rule-making Proceedings is hereby given by NC Building Code Council in accordance with G.S. 150B-21.5(d). Citation to Existing Rule Affected by this Rule-Making: NC Plumbing, Fire and Building Codes. Authority for Rule-making: G.S. 143-136; 143-138. Reason for Proposed Action: To incorporate changes in the NC Building Codes as a result of rulemaking petitions filed with the NC Building Code Council and to incorporate changes proposed by the Council. Public Hearing: December11, 2006, 1:00PM, Hilton North Raleigh, 3415 Wake Forest Road, Raleigh, NC 27609. Comment Procedures: Written comments may be sent to Chris Noles, Interim Secretary, NC Building Code Council, c/o NC Department of Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202. Comment period expires on January 1, 2007. Statement of Subject Matter: 1. (060912 Item B–2) Request by John Hitch, NCBCC, to amend the 2006 NC Building and Fire Codes, Section 903.2.1.2, condition 2 from "100" to "300" occupants. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 100 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 2. (060912 Item B-4) Request by Wallace Cole, Winston-Salem to delete the requirement for sloping the shower liner from the 2006 NC Plumbing Code. 417.5.2 Shower lining. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 2 inches (51 mm) above the finished threshold level. Liners shall be recessed and fastened to an approved backing so as not to occupy the space required for wall covering, and shall not be nailed or perforated at any point less than 1 inch (25.4 mm) above the finished threshold. Liners shall be pitched one-fourth unit vertical in 12 units horizontal (2-percent slope) and shall be sloped toward the fixture drains and be securely fastened to the waste outlet at the seepage entrance, making a water-tight joint between the liner and the outlet. Exception: Floor surfaces under shower heads provided for rinsing laid directly on the ground are not required to comply with this section. 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 762
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NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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