North Carolina Administrative Code

10A NCAC 29c .1005 PENALTIES Any person, firm or corporation who shall violate any of the provisions of this ordinance, or who shall fail to correct any defect within a reasonable specified time, after having been notified in writing, shall be guilty of a misdemeanor and shall be…

10A NCAC 29c .1006 LIABILITY FOR DAMAGES This ordinance shall not be construed to relieve from nor lessen the liability of any party for damages to persons or property caused by any defect therein, nor shall the Department of Health and Human Services be held as assuming any liab…

SECTION .1100 - DESIGN STANDARDS AND REGULATIONS FOR SIGNS 10A NCAC 29c .1101 SIGN CLASSIFICATION A sign shall be considered as any device designed to inform or attract the attention of persons not on the premises on which the sign is located, and shall be considered under the fo…

10A NCAC 29c .1102 PERMIT REQUIRED It shall be unlawful for any person to erect, alter or relocate any sign or other advertising structure within the limits of Butner unless it complies with the provisions of this Section and without first obtaining a zoning and development permi…

10A NCAC 29c .1103 ALL SIGNS MUST CONFORM Any sign now existing which does not conform with the requirements of this Section shall be taken down and removed by the owner, agent or person having the beneficial use of the building or land or structure upon which such sign may be fo…

10a NCAC 29c .1104 STANDARDS AND REGULATIONS FOR OTHER SIGNS The following signs shall be permitted within any required open space and no permit shall be required for these signs when they comply with the provisions of this Rule: (1) directional or traffic signs of any government…

10a NCAC 29c .1105 STANDARDS AND REGULATIONS FOR BUSINESS SIGNS The following design standards and regulations shall control the erection of all business signs: (1) All establishments permitted within the business, institutional and manufacturing zoning districts shall be permitt…

10A NCAC 29c .1106 STANDARDS AND REGULATIONS FOR ADVERTISING SIGNS The following design standards and regulations shall control the erection of all advertising signs: (1) Outdoor advertising structures or billboards shall only be permitted in the secondary business and industrial…

SECTION .1200 - UNSAFE BUILDINGS 10A NCAC 29c .1201 DUTY OF BUILDING INSPECTOR (a) Any building or structure or part thereof, partially destroyed or otherwise, which is found by the building inspector to be in such a dilapidated state of disrepair or other substandard condition a…

10A NCAC 29c .1202 DUTY OF OWNER: PROCEDURE Whenever any building or structure has been condemned by the building inspector, and the existence of such building or structure in a dilapidated state of disrepair or other substandard condition is found and determined by the building …

10A NCAC 29c .1203 NOTICE AND HEARING Before any building or structure may be ordered to be demolished and removed as provided in Rule .1202 of this Section, the building inspector shall notify the owner or owners thereof, in writing, by certified or registered mail to the last k…

10a NCAC 29c .1204 ORDER TO REMEDY OR DEMOLISH If, upon such hearing, the building inspector shall find that the building or structure in question is in such a dilapidated or substandard state of disrepair as to constitute a fire or safety hazard or to be dangerous to life, healt…

10A NCAC 29c .1205 APPEAL: FINALITY OF ORDER IF NOT APPEALED The owner of any building or structure ordered by the building inspector to be demolished and removed, or who is directed by the building inspector to take any other steps to abate a nuisance or remove hazards found by …

10a NCAC 29c .1206 REPORT WHEN OWNER FAILS TO COMPLY In the event the owner does not appeal from the final order or direction of the building inspector requiring that the building or structure be demolished and removed or the taking of such other steps as may be required to abate…

10A NCAC 29c .1207 ASSESSMENT OF COSTS In all cases referred to in this ordinance which reach the Secretary for action, either upon appeal of the owner from the ruling of the building inspector or upon report of the building inspector that the owner fails or refuses to comply wit…

10A NCAC 29c .1208 NOTICE OF HEARING In cases in which the building inspector has been unable to give to the owner actual notice of hearing in the manner hereinabove provided, and has given such notice by posting and publishing the same as authorized in Rule .1203 of this Section…

10A NCAC 29c .1209 PRESUMPTION OF DANGER TO PUBLIC In all cases in which the Secretary or his designee, under authority of this Section, causes the demolition and removal of any building or structure to be carried out, or directs such other remedial steps to be taken as may be ne…

10A NCAC 29c .1210 WILLFUL FAILURE OR REFUSAL TO COMPLY WITH ORDER It shall be unlawful for any person to willfully fail or refuse to comply with any final order or direction of the building inspector or secretary or his designee made by virtue and in pursuance of this ordinance,…

10a NCAC 29c .1211 CONSTRUCTION OF ARTICLE (a) It is the legislative intent of the Secretary in enacting this section that each section and subdivision is separate and divisible from any other section, and if any provision hereof should be held or declared by a court of competent…

SECTION .1300 - PROCEDURES FOR CLOSING STREETS AND ALLEYS IN BUTNER 10A NCAC 29C .1301 ADOPTION OF RESOLUTION When permanently closing streets and alleys in Butner, the Secretary of the Department of Health and Human Services upon his own volition or upon the recommendation of th…

10A NCAC 29c .1302 NOTIFICATION OF HEARING The Secretary of the Department of Human Resources shall cause: (1) the resolution to be published once a week for four consecutive weeks before the hearing in a newspaper of general circulation in Butner, (2) a copy of the resolution to…

10a NCAC 29c .1303 THE HEARING At the hearing, the Secretary of the Department of Human Resources or his designee shall hear all interested persons who appear with respect to whether the closing would be detrimental to the public interest or to any individual property rights. His…

10A NCAC 29c .1304 THE CLOSING ORDER (a) If, after the hearing, the Secretary of the Department of Health and Human Services or his designee is satisfied that closing the street or alley is not contrary to the public interest and that no individual property owner in the vicinity …

SECTION .1400 - TRAFFIC ORDINANCES FOR THE TOWN OF BUTNER 10A NCAC 29c .1401 SAFETY AND TRAFFIC RULES FOR JOHN UMSTEAD HOSPITAL The provisions of this Section only apply to the Town of Butner. Safety and traffic rules for John Umstead Hospital are filed in 10 NCAC 15E Section .14…

10A NCAC 29c .1402 OPERATION OF VEHICLES WITH NOT MORE THAN THREE WHEELS (a) No person shall operate a motorcycle, as defined by G.S. 20-4.01(27)(d), without a proper driver's license and a helmet or other equipment required by G.S. 20-140.4. (b) No person shall operate a motorcy…

SUBCHAPTER 29D - MISCELLANEOUS SECTION .0100 – CAROLINA ALTERNATIVES 10A NCAC 29D .0101 CAROLINA ALTERNATIVES History Note: Authority G.S. 122C-112; 122C-143.1; 122C-143.2; 122C-147; 122C-147.1; 122C-147.2; 42 C.F.R. 431; Social Security Act, Waiver under Sections 1915(b(1)) and …

10A NCAC 29D .0304 CHANGE OF CATCHMENT AREAS History Note: Authority G.S. 122C-3; 122C-112; 143B-147; Eff. July 1, 1984; Repealed Eff. May 1, 2009.

SECTION .0500 – butner ordinances 10A NCAC 29D .0501 CROSS-REFERENCE The Butner Ordinances, Regulations 10 NCAC 18B .0101 through .0114, .0201 through .0211, .0301 through .0307, .0401 through .0406, .0501 through .0504, .0601 through .0607, .0701 through .0703, .0801 through .08…

10A NCAC 29D .0612 AUTHORIZATION TO PROVIDE DWI SUBSTANCE ABUSE ASSESSMENTS Any facility that provides DWI assessments shall comply with 10 NCAC 14K .0365 DWI SUBSTANCE ABUSE ASSESSMENTS, contained in Division publication, Licensure Rules, as defined in Rule .0602 of this Section…

section .0700 – procedures for amending rules 10A NCAC 29D .0701 CROSS-REFERENCE TO COMMISSION RULE-MAKING PROCEDURES (a) The procedures governing rulemaking hearings of the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services formerly contained i…

section .0800 – community relations 10A NCAC 29D .0801 NOTIFICATION PROCEDURES FOR PROVISION OF SERVICES (a) If an area program plans to operate or contract for a service located within the catchment area of another area program, the Director of the area program that plans to ope…

CHAPTER 39 - ADULT HEALTH SUBCHAPTER 39A - CHRONIC DISEASE SECTION .0100 - MIGRANT HEALTH 10A NCAC 39A .0101 RESERVED FOR FUTURE CODIFICATION

10A NCAC 39A .0108 RESERVED FOR FUTURE CODIFICATION

10A NCAC 39A .0211 SPECIAL PROVISION History Note: Authority G.S. 130A-5(3); 130A-223; Eff. August 1, 1991; Repealed Eff. July 1, 2014.

10A NCAC 39A .0309 VENDOR REQUIREMENTS History Note: Authority G.S. 130A-220; Eff. March 31, 1980; Amended Eff. September 1, 1990; Expired Eff. January 1, 2017 pursuant to G.S. 150B-21.3A.

10A NCAC 39A .0310 RESERVED FOR FUTURE CODIFICATION

10A NCAC 39A .0311 APPEALS PROCEDURE History Note: Authority G.S. 130A-220; Eff. March 31, 1980; Amended Eff. September 1, 1990; February 1, 1987; July 1, 1984; Expired Eff. January 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .0400 - RESERVED FOR FUTURE CODIFICATION

SECTION .1000 - HIV MEDICATIONS PROGRAM 10A NCAC 39A .1001 GENERAL Persons diagnosed by a medical provider to have HIV disease or HIV seropositivity, and who qualify financially pursuant to 15A NCAC 245 .0202, shall be eligible to have medications paid for through the HIV Medicat…

10A NCAC 39A .1002 COVERED MEDICATIONS (a) Medications covered by the HIV Medication Program shall be specified on a formulary established by the Program based upon the following factors: the medical needs of persons living with HIV disease, the cost effectiveness of the drugs, t…

10A NCAC 39A .1003 MEDICAL ELIGIBILITY A person who is determined by a physician to be infected with the human immunodeficiency virus is medically eligible. History Note: Authority G.S. 130A-5(3); Eff. January 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substa…

10A NCAC 39A .1004 FINANCIAL ELIGIBILITY Financial eligibility shall be determined in accordance with 15A NCAC 45A .0200. History Note: Authority G.S. 130A-5(3); Eff. January 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December…

10A NCAC 39A .1005 APPLICATION PROCESS (a) Applications for assistance must be submitted and shall be processed in accordance with 10A NCAC 45A. All necessary forms may be obtained from the Purchase of Medical Care Services, Office of the Controller, Department of Health and Huma…

10A NCAC 39A .1006 PROGRAM OPERATIONS Medications provided to eligible clients through this HIV Medication Program shall be dispensed and provided by a pharmacy (or pharmacies) under contract with the Program. History Note: Authority G.S. 130A-5(3); Temporary Adoption Eff. July 1…

10A NCAC 39A .1109 RESERVED FOR FUTURE CODIFICATION

10A NCAC 39A .1110 RESERVED FOR FUTURE CODIFICATION

10A NCAC 39A .1111 RESERVED FOR FUTURE CODIFICATION