Upon inspection by Ricky Putnam on 11 April 1990, the Kings Mountain Gas Department discovered that the system was in the same state and condition as in August of 1987. As a result, Mr. Maney contacted the Kings Mountain Building Standards Department. On 11 April 1990, the Standards Department inspected the system and found numerous serious problems with the system's design and installation. Plaintiffs claim that defendant, City of Kings Mountain, was negligent in failing to require a permit in January of 1984, failing to provide an inspection upon completion of plaintiffs' heating system, failing to require a permit in August of 1987 on the repairs to plaintiffs' heating system, failing to inspect the repair work while in process and upon completion, and failing to take action before 11 April 1990 to inspect the heating system even after numerous complaints, all in violation of applicable State Building Codes and the North Carolina General Statutes. The specific allegations of negligence on the part of defendant Maney are identical to those of the City of Kings Mountain.
Plaintiffs allege they have incurred severe injuries as a result of defendants' failure.
From the entry of this order, plaintiffs appeal. Plaintiffs argue that the trial court committed reversible error in granting defendants' motion to dismiss plaintiffs' complaint. 99 N.C. App. The complaint should be liberally construed and the court should not dismiss the complaint unless it appears that plaintiff is not entitled to relief under any facts that could be proven. Peoples Security Life Ins.