{
  "id": 798978,
  "name": "JOHN N. BUNCH, JR., Petitioner v. NORTH CAROLINA CODE OFFICIALS QUALIFICATIONS BOARD, Respondent",
  "name_abbreviation": "Bunch v. North Carolina Code Officials Qualifications Board",
  "decision_date": "1996-04-04",
  "docket_number": "No. 304PA95",
  "first_page": "97",
  "last_page": "100",
  "citations": [
    {
      "type": "official",
      "cite": "343 N.C. 97"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "458 S.E.2d 248",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1995,
      "opinion_index": -1
    },
    {
      "cite": "119 N.C. App. 293",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        11914673
      ],
      "year": 1995,
      "opinion_index": -1,
      "case_paths": [
        "/nc-app/119/0293-01"
      ]
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    {
      "cite": "458 S.E.2d 248",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1995,
      "opinion_index": 0
    },
    {
      "cite": "119 N.C. App. 293",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        11914673
      ],
      "year": 1995,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/119/0293-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 408,
    "char_count": 8646,
    "ocr_confidence": 0.753,
    "pagerank": {
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      "percentile": 0.028695688435889505
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    "simhash": "1:6f59a9e914b900e2",
    "word_count": 1319
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  "last_updated": "2023-07-14T22:14:44.802104+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN N. BUNCH, JR., Petitioner v. NORTH CAROLINA CODE OFFICIALS QUALIFICATIONS BOARD, Respondent"
    ],
    "opinions": [
      {
        "text": "ORR, Justice.\nThis case arises out of a complaint filed by homeowner Gordon L. Stagaard with the North Carolina Code Officials Qualifications Board (\u201cBoard\u201d). Stagaard alleged that Chowan County Building Inspector John Bunch, Jr., violated 11 NCAC 8 .0801(5) by affixing his signature to a report of inspection concerning Stagaard\u2019s house located in Edenton, North Carolina, when Bunch had in fact neither made an inspection nor had one made under his direction. Stagaard also alleged that Bunch was \u201cguilty of willful misconduct, gross negligence, or gross incompetence\u201d in failing to detect Uniform Residential Building Code (\u201cCode\u201d) violations in the construction of the Stagaard house and thereby violated 11 NCAC 8 .0801(6).\nThe complaint to the Board led to an on-site investigation being performed by a certified Code-enforcement official of the engineering division of the North Carolina Department of Insurance. The official determined that numerous violations were plainly visible and should have been discovered by an inspector exercising ordinary care and prudence. Following a hearing on 20 October 1992, the Board issued an order on 16 November 1992, stating that Bunch\u2019s failure to discover the Code violations constituted \u201cgross negligence and gross incompetence.\u201d N.C.G.S. \u00a7 143-151.17 provides:\n(a) The Board shall have the power to suspend, revoke or refuse to grant any certificate issued under the provisions of this Article to any person who:\n(5) Has affixed his signature to a report of inspection or other instrument of service if no inspection has been made by him or under his immediate and responsible direction; or,\n(6) Has been guilty of willful misconduct, gross negligence or gross incompetence.\nN.C.G.S. \u00a7 143-151.17(a)(5)-(6) (1993). Following that authority, the Board revoked \u201call Building, Electrical, Mechanical, and Plumbing Standard, Probationary, and Limited Inspection Certificates issued to John N. Bunch, Jr.\u201d On 24 November 1992, the Board issued an amended order incorporating the 16 November 1992 order by reference and correcting a finding of fact which erroneously denoted the Chowan County Inspection Department as being the Cleveland County Inspection Department.\nOn 1 December 1992, Bunch filed a petition in Superior Court, Chowan County, for judicial review of the Board\u2019s order. The matter was heard before Judge Thomas S. Watts at the 11 October 1993 Civil Session of Superior Court, Chowan County and on 5 April 1994, Judge Watts entered an order reversing, vacating, and setting aside the Board\u2019s 16 November 1992 order as amended. On 2 May 1994, the Board gave notice of appeal to the North Carolina Court of Appeals.\nOn 20 June 1995, the Court of Appeals held inter alia that although evidence of Bunch\u2019s gross negligence and gross incompetence rendered the revocation of Bunch\u2019s building and electrical certificates proper, the Board lacked evidence to support its findings and conclusions pertaining to the revocation of Bunch\u2019s mechanical and plumbing certificates. Bunch v. N.C. Code Off\u2019Is Qualifications Bd., 119 N.C. App. 293, 458 S.E.2d 248 (1995).\nThe sole issue thus presented is whether the Court of Appeals erred in concluding that the Board erred in revoking Bunch\u2019s mechanical and plumbing certificates. While the Court of Appeals, the trial judge, and the Board all frame the issue in this case in terms of specific certificates \u2014 that is, building, electrical, mechanical, and plumbing \u2014 we find no statutory basis for such distinctions. N.C.G.S. \u00a7 143-151.13 sets forth only three types of certificates to be issued:\nNo person may engage in Code enforcement pursuant to this Article unless he possesses one of the following types of certificates, currently valid, issued by the Board attesting to his qualifications to hold such position: (i) a standard certificate, (ii) a limited certificate provided for in subsection (c); or (iii) a probationary certificate provided for in subsection (d). To obtain a standard certificate, a person must pass an examination, as prescribed by the Board, which is based on the North Carolina State Building Code and administrative procedures required to enforce the Code. The Board shall issue a standard certificate of qualification to each person who successfully completes the examination authorizing the person named therein to practice as a qualified Code-enforcement official in North Carolina. The certificate of qualification shall bear the signatures of the chairman and secretary of the Board.\nN.C.G.S. \u00a7 143-151.13(a) (1991).\nWe note, however, that N.C.G.S. \u00a7 143-151.13(b) does require the Board to \u201cestablish appropriate performance levels, including designation of territory and type and size of buildings and structures, and classes of qualified Code-enforcement officials.\u201d Although the record fails to disclose any information pertaining to performance levels or classes referenced in N.C.G.S. \u00a7 143-151.13(b) and contains no copies of any specific certificates(s) held by Bunch, we conclude that our decision can be reached without such additional information. A \u201cPreliminary Investigation Report\u201d submitted as an exhibit provided that \u201c[i]n April, 1987, [Bunch] was issued the following Standard Inspection certificates: Level I Building, Mechanical, and Plumbing. He was issued a Limited Inspection \u25a0 Certificate valid for building, electrical, mechanical, and plumbing inspections. The Limited Certificate is valid for inspections of any size buildings.\u201d\nBunch was issued \u201ca standard certificate\u201d and \u201ca limited certificate\u201d allowing him to \u201cpractice as a qualified Code-enforcement official in North Carolina\u201d pursuant to statutory authority. N.C.G.S. \u00a7 143-151.17(b) allows \u201c[t]he Board [to] suspend or revoke the certification of any qualified Code-enforcement official. . . whom it finds to have been guilty of one or more of the actions set put in subsection (a) as grounds for disciplinary action.\u201d\nThe Board, having determined that Bunch was guilty of \u201cgross negligence and gross incompetence,\u201d was completely within its statutory authority to revoke the \u201cstandard certificate\u201d and \u201climited certificate\u201d issued to him. To the extent that various levels or classes of work such as building, electrical, mechanical, and plumbing are referenced as part of the certificates issued, we find no statutory authority to allow the revocation of separate selected certificates dealing with those specific levels or classes of work.\nThe \u201cstandard certificate\u201d and the \u201climited certificate\u201d issued to Bunch are all that the statute authorizes to be issued and thus all that are subject to revocation. Therefore, we conclude that the Court of Appeals erred in its decision to the extent that it concluded that the Board erred in revoking Bunch\u2019s mechanical and plumbing certificates.\nThis case is remanded to the Court of Appeals for further remand to the Superior Court for reinstatement of the Board\u2019s order revoking Bunch\u2019s certificates authorizing him to serve as a North Carolina Code-enforcement official.\nAFFIRMED IN PART, REVERSED IN PART, REMANDED.",
        "type": "majority",
        "author": "ORR, Justice."
      }
    ],
    "attorneys": [
      "No petitioner-appellee\u2019s brief filed.",
      "Michael F. Easley, Attorney General, by W. Wallace Finlator, Jr., Assistant Attorney General, for respondent-appellant."
    ],
    "corrections": "",
    "head_matter": "JOHN N. BUNCH, JR., Petitioner v. NORTH CAROLINA CODE OFFICIALS QUALIFICATIONS BOARD, Respondent\nNo. 304PA95\n(Filed 4 April 1996)\nBuilding Codes and Regulations \u00a7 24 (NCI4th)\u2014 building inspector \u2014 gross negligence \u2014 revocation of certificates\nThe Code Officials Qualifications Board had statutory authority to revoke a \u201cstandard certificate\u201d and a \u201climited certificate\u201d issued to a county building inspector where the Board determined that the inspector was guilty of \u201cgross negligence and gross incompetence\u201d in failing to detect plainly visible building code violations in the construction of a house. There is no statutory authority allowing various levels or classes of work, such as building, electrical, mechanical and plumbing, to be referenced as part of the certificates issued, and the Court of Appeals erred in concluding that the Board erred in revoking the building inspector\u2019s mechanical and plumbing certificates. N.C.G.S. \u00a7 143-151.17(a) and (b).\nAm Jur 2d, Buildings \u00a7 10.\nOn discretionary review pursuant to N.C.G.S. \u00a7 7A-31 of a unanimous decision of the Court of Appeals, 119 N.C. App. 293, 458 S.E.2d 248 (1995), reversing in part and affirming in part an order entered 4 April 1994 by Watts, J., in Superior Court, Chowan County, reversing, vacating and setting aside an order of the North Carolina Code Officials Qualifications Board. Heard in the Supreme Court 13 February 1996.\nNo petitioner-appellee\u2019s brief filed.\nMichael F. Easley, Attorney General, by W. Wallace Finlator, Jr., Assistant Attorney General, for respondent-appellant."
  },
  "file_name": "0097-01",
  "first_page_order": 145,
  "last_page_order": 148
}