Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 11 - insurance/chapter 08 - engineering and building codes division/chapter 08 rules.html
Published: 2015

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CHAPTER 8 ‑ ENGINEERING AND BUILDING CODES DIVISION

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

 

11 NCAC 08 .0101             PURPOSE OF THE DIVISION

11 NCAC 08 .0102             DEPUTY COMMISSIONER

11 NCAC 08 .0103             DIVISION PERSONNEL

11 NCAC 08 .0104             ORGANIZATION OF DIVISION

 

History Note:        Authority G.S. 58‑7.3; 58‑9;

58‑9.1; 58‑9.2; 143‑139;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Repealed Eff. July 1, 1988.

 

 

SECTION .0200 ‑ NORTH CAROLINA

STATE BUILDING CODE

 

 

11 NCAC 08 .0201             NORTH CAROLINA BUILDING CODE COUNCIL

The North Carolina Building Code Council is established to

adopt and amend the North Carolina State Building Code and hear appeals from

state enforcement agencies.  The Commissioner of Insurance of the State of

North Carolina has responsibility for supervision of the State Building Code in

cooperation with local officials appointed by city and county commissioners.

 

History Note:        Authority G.S. 143‑136; 143‑138;

143A‑78;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

 

 

11 NCAC 08 .0202             NORTH CAROLINA STATE BUILDING CODE

All rules and regulations, code requirements, procedures for

amendment or repeal of requirements and other pertinent information are

contained in published volumes of the North Carolina State Building Code as

described in this Section.  For purposes of this Section the terms

"building code" or "code" shall mean the North Carolina

State Building Code.

 

History Note:        Authority G.S. 143‑138;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

 

 

11 NCAC 08 .0203             BUILDING CODE PUBLICATIONS: GENERAL

INFORMATION

(a)  All volumes of the North Carolina State Building Code

are published under the direction of the North Carolina Department of

Insurance.  All volumes of the code are updated annually and supplements

containing amendments and other pertinent information are also published and

filed with the State Attorney General.

(b)  Copies of the various volumes of the building code may

be obtained from:  North Carolina Department of Insurance, Engineering &

Codes, 1202 Mail Service Center, Raleigh, NC  27699-1202.  Information

regarding cost of the publications may be obtained at the same address. Costs

are based upon the cost to the Department of publication, distribution and

annual revisions.

 

History Note:        Authority G.S. 143‑138; 143A‑78;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. May 1, 2008; September 1, 1987.

 

11 NCAC 08 .0204             BLDG CODE/VOLUME I/GENERAL

CONSTRUCTION

11 NCAC 08 .0205             BLDG CODE/VOLUME IB/UNIFORM

RESIDENTIAL CODE

11 NCAC 08 .0206             BLDG CODE/VOLUME II/PLUMBING

11 NCAC 08 .0207             HEATING/AIR

CONDITIONING/REFRIGERATION/VENTILATION

11 NCAC 08 .0208             BUILDING CODE/VOLUME IV/ELECTRICAL

11 NCAC 08 .0209             REGULATIONS FOR MOBILE HOMES

11 NCAC 08 .0210             BUILDING CODE/HANDICAPPED SECTION

 

History Note:        Authority G.S. 143‑138; 143‑146

through 143‑151.1;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. February 1, 1987; August 1, 1986; May 1,

1984;

Repealed Eff. September 1, 1987.

 

 

 

SECTION .0300 ‑ COUNTY ELECTRICAL INSPECTORS

CERTIFICATION

 

 

11 NCAC 08 .0301             APPLICATION FORMS FURNISHED

11 NCAC 08 .0302             APPLICATION FOR CO. ELECTRICAL

INSPECTORS CERTIFICATION

11 NCAC 08 .0303             TYPE OF EXAMINATION

11 NCAC 08 .0304             SCOPE OF EXAMINATION

11 NCAC 08 .0305             EXAMINATION SCHEDULE

11 NCAC 08 .0306             CLASSES OF CERTIFICATION

11 NCAC 08 .0307             CERTIFICATION COSTS

 

History Note:        Authority G.S. 153A‑351(b);

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Repealed Eff. July 1, 1988.

 

 

 

SECTION .0400 ‑ APPROVAL OF SCHOOL MAINTENANCE

ELECTRICIANS

 

 

11 NCAC 08 .0401             APPLICATION FORMS FURNISHED

The staff of the electrical section shall provide

application forms for persons wishing to apply for approval as a school

maintenance electrician.

 

History Note:        Authority G.S. 58-2-40; 115C-525;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

11 NCAC 08 .0402             APPLICATION FOR SCHOOL MAINTENANCE

ELECTRICIANS APPROVAL

The application requires the applicant to furnish all of the

following pertinent information and such other information as may be deemed

necessary in determining the qualifications of the applicant, including but not

limited to:

(1)           date, school unit, name, address, telephone number,

age, educational background, whether or not applicant has taken qualifying

examinations previously, electrical experience background, whether or not employed

full time by school unit, present responsibilities and title, signature of

applicant, etc.;

(2)           signature of superintendent or maintenance

supervisor other than applicant requesting application be processed and the

applicant be approved.

 

History Note:        Authority G.S. 58-2-40; 115C-525;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

11 NCAC 08 .0403             METHODS OF APPROVAL OF SCHOOL

MAINTENANCE ELECTRICIANS

Approved school maintenance electricians may be certified by

two methods as set forth in 11 NCAC 8 .0404 and .0405.

 

History Note:        Authority G.S. 58-2-40; 115C-525;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

11 NCAC 08 .0404             APPLICATION APPROVAL

An applicant will be approved as a school maintenance

electrician if he has filed a completed application on a form furnished by the

Commissioner and the applicant furnishes with his application satisfactory

evidence that he has complied with one of the following conditions:

(1)           The applicant has taken and passed a regular

qualifying examination administered by the State Board of Examiners of

Electrical Contractors; or

(2)           The applicant has qualified for and obtained a

journeyman electrician's certification from a duly established city or county

journeyman electrician's examining board in the State of North Carolina; or

(3)           The applicant was on May 29, 1957 (date of

enactment of statute) regularly employed by a local school unit in the State of

North Carolina for the purposes of installing electrical wiring or altering or

adding to any existing wiring as prescribed in G.S. 115‑150.1(2) and has

had at least 10 years of experience in such electrical work.

 

History Note:        Authority G.S. 58-2-40; 115C-525;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

11 NCAC 08 .0405             APPROVAL OF SCHOOL MAINTENANCE

ELECTRICIANS BY EXAM

The Commissioner will certify an applicant as a school

maintenance electrician if the applicant:

(1)           furnishes with his application satisfactory

evidence that he has had at least two years experience in the capacity of a

journeyman electrician or in a capacity equivalent to or higher than that of a

journeyman electrician classification, and

(2)           takes and passes the qualifying examination

prepared and administered by the Commissioner of Insurance.

 

History Note:        Authority G.S. 58-2-40; 115C-525;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

11 NCAC 08 .0406             EXAMINATION INFORMATION

The qualifying examination shall be designed to test

applicants knowledge of fundamentals of electricity, acceptable materials,

devices, appliances and equipment, provisions contained in the current edition

of the National Electrical Code; the requirements regarding emergency lighting

as contained in the North Carolina State Building Code; and other pertinent

statutory requirements.

The examination may contain multiple‑choice, true‑false,

essay type and research type questions, as well as problems and questions

requiring calculations.  All of the questions and problems will be designed to

cover typical electrical installations as found on the premises of school

properties.

The examination may be of the open‑book and closed‑book

type with the majority of the examination being of the open‑book type. 

All reference books will be provided the examinee for use during the

examination.

The passing grade on the examination will be a minimum of

75. There will be no examination fee charged.

Arrangements shall be made to conduct the examination twice

yearly in the Raleigh area and may be conducted at other times and places as

deemed desirable by the Commissioner.

 

History Note:        Authority G.S. 58-2-40; 115C-525;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978.

 

SECTION .0500 ‑ QUALIFICATION BOARD‑LIMITED

CERTIFICATE

 

 

11 NCAC 08 .0501             LEGAL REQUIREMENT

 

History Note:        Authority G.S. 143‑151.13;

Eff. June 28, 1979;

Repealed Eff. February 1, 1991.

 

 

 

11 NCAC 08 .0502             NATURE OF LIMITED CERTIFICATE

A limited certificate shall be issued to each code

enforcement official who held such a position on June 13, 1977.  This

certificate will entitle the official to continue in the position held on that

date; it will not entitle him to shift to another employer or to another

position for the same employer.  The limited certificate will be issued and

renewed from year to year without examination, on application of the official

and verification of his status.  However, it will not be renewed beyond the

applicable date specified in Rule .0508 unless the official has prior to that

date completed in‑service training prescribed by the Board.

On or after the appropriate "applicable date"

specified in Rule .0510, a limited certificate will be issued to each code

enforcement official who makes application in accordance with these

regulations.  Such certificate will authorize the official to continue in the

position held on the "applicable date" in the same manner as a limited

certificate issued to an official who held a position on June 13, 1977.

 

History Note:        Authority G.S. 143‑151.13(c);

Eff. June 28, 1979;

Amended Eff. January 15, 1980.

 

 

 

11 NCAC 08 .0503             APPLICATION FORM:  AVAILABILITY

The Board shall provide, upon request, application forms for

any person desiring a limited certificate, obtainable from the Division of

Engineering and Building Codes of the Department of Insurance.

 

History Note:        Authority G.S. 143‑151.19;

Eff. June 28, 1979.

 

 

 

11 NCAC 08 .0504             APPLICATION FORM:  CONTENTS

(a)  The application form requires the applicant to furnish

all of the following pertinent information necessary to determine the

qualifications of the applicant for a limited certificate:

(1)           the date;

(2)           name, address, and telephone number where

applicant can be reached;

(3)           age;

(4)           title of position held on June 13, 1977 or

applicable date;

(5)           government unit by which employed on June

13, 1977 (or applicable date);

(6)           duties in position held on June 13, 1977

(or applicable date);

(7)           educational background;

(8)           employment record.

(b)  Each application for a limited certificate authorizing

continuation in a position held after June 13, 1977, shall be accompanied by a

notarized certificate from the department head or higher level supervisor of

the code enforcement official that:

(1)           the official occupied that position on the

applicable date;

(2)           that the duties and title of the position

were as set forth in the application; and

(3)           that the supervisor understands that the

limited certificate will become invalid if the code enforcement official fails

within two years to complete in‑service training required under Rule

.0508 of these Regulations.

 

History Note:        Authority G.S. 143‑151.13;

Eff. June 28, 1979;

Amended Eff. January 15, 1980.

 

 

 

11 NCAC 08 .0505             APPLICATION: WHERE MADE AND FEE

The completed application shall be returned to the Board at

P.O. Box 26387, Raleigh, North Carolina  27611.  Each application shall be

accompanied by payment of a twenty dollar ($20.00) fee, either in cash or by a

check made payable to the North Carolina Code Officials Qualification Board.

 

History Note:        Authority G.S. 143‑151.12(1); 143‑151.16;

Eff. June 28, 1979;

Amended Eff. February 1, 1991.

 

 

 

11 NCAC 08 .0506             CERTIFICATE

If an application is found to be in order, the Board's staff

shall mail a limited certificate to the applicant at the address specified on

the application.  The certificate shall describe with particularity the

position which it authorizes the applicant to hold and the governmental unit

for which he is authorized to hold such position.  The certificate shall be

effective for one year, as specified in the certificate.

 

History Note:        Authority G.S. 143‑151.13;

Eff. June 28, 1979.

 

 

 

11 NCAC 08 .0507             RENEWAL

To remain effective, a limited certificate must be renewed

annually on or before the first day of July. Applications for renewal shall be

made in the same manner as the original application for the certificate, on

forms furnished by the Board. A ten dollar ($10.00) renewal fee shall accompany

each such application. In the event that an application is not received by July

1, an additional late renewal fee of two dollars ($2.00) shall be charged.  In

accordance with 11 NCAC 08 .0712, continuing education requirements must be

completed by June 30 for renewal of the limited certificate.

 

History Note:        Authority G.S. 143-151.12(1); 143-151.13A(b);

143-151.16;

Eff. June 28, 1979;

Amended Eff. February 1, 2006; February 1, 1991.

 

11 NCAC 08 .0508             REQUIRED IN‑SERVICE TRAINING

FOR RENEWAL

No code enforcement official may have a limited certificate

authorizing continuation in a position he held on June 13, 1977, renewed after

July 1, 1981 unless he shall have submitted valid evidence that he has

completed in‑service training as prescribed by the Board.

No code enforcement official may have a limited certificate

authorizing continuation in a position he held on an "applicable

date" as specified in 11 NCAC 8 .0510 renewed beyond two years following

such date, fire prevention inspectors beyond July 1, 1993, unless he shall have

submitted valid evidence that he has completed in‑service training as

prescribed by the Board; said training shall be identical to the training

required of applicants for standard certificates for the types and levels of

code enforcement duties performed.

 

History Note:        Authority G.S. 143‑151.12(1); 143‑151.13;

Eff. June 28, 1979;

Amended Eff. February 1, 1991; January 15, 1980.

 

 

 

11 NCAC 08 .0509             RETURN OF CERTIFICATE WHEN LEAVE

EMPLOYMENT

 

History Note:        Authority G.S. 143‑151.15;

Eff. June 28, 1979;

Repealed Eff. February 1, 1991.

 

 

 

11 NCAC 08 .0510             CERTIFICATES FOR POSITIONS HELD ON

APPLICABLE DATES

 

History Note:        Authority G.S. 143‑151.13;

Eff. January 15, 1980;

Repealed Eff. February 1, 1991.

 

 

 

SECTION .0600 ‑ QUALIFICATION BOARD‑PROBATIONARY

CERTIFICATE

 

11 NCAC 08 .0601             LEGAL REQUIREMENT

 

History Note:        Authority G.S. 143‑151.13;

Eff. June 28, 1979;

Repealed Eff. February 1, 1991.

 

 

 

11 NCAC 08 .0602             NATURE OF PROBATIONARY CERTIFICATE

(a)  A probationary certificate may be issued, without

examination, to any newly-employed or newly-promoted code enforcement official

who lacks a standard certificate that covers the new position.  A probationary

certificate shall be issued for two years only and may not be renewed.  The

official shall take whatever measures are necessary during the two year period

to qualify for an appropriate standard certificate.  A probationary certificate

authorizes the official, during the effective period of the certificate, to

hold the position of the type, level, and location specified. The certificate

shall be conditioned on the applicant's completion of a high school diploma or

a high school equivalency certificate (GED) and meeting one of the following:

(1)           Working under supervision sufficient to

protect the public health and safety;

(2)           Possessing a minimum of two years of

design, construction, or inspection experience working under a certified

inspector or under a licensed professional engineer, registered architect, or

licensed contractor;

(3)           Possessing one of the experience

qualifications listed in 11 NCAC 08 .0706 in each area of code enforcement for

which the probationary certificate is issued; or

(4)           Successfully completing a probationary

prequalification exam administered by the Board in each area of code

enforcement for which the probationary certificate is issued.

(b)  A probationary certificate shall be issued if the Board

determines that the applicant may obtain the experience required by Paragraph

(a)(3) of this Rule before the expiration of the probationary certificate.

 

History Note:        Filed as a Temporary Amendment Eff.

January 1, 1983, For a Period of 120 Days to Expire on April 30, 1983;

Authority G.S. 143‑151.12(2); 143‑151.13(d);

Eff. June 28, 1979;

Amended Eff. July 18, 2002; October 1, 1992; February 1,

1991; May 1, 1983; December 1, 1982.

 

11 NCAC 08 .0603             APPLICATION FORM: AVAILABILITY

The Board shall provide, upon request, application forms for

any person desiring a probationary certificate, obtainable from the Division of

Engineering and Building Codes of the Department of Insurance.

 

History Note:        Authority G.S. 143‑151.19;

Eff. June 28, 1979.

 

 

 

11 NCAC 08 .0604             APPLICATION FORM: CONTENTS

The application form requires the applicant to furnish all

of the following pertinent information necessary to determine the

qualifications of the applicant for a probationary certificate:

(1)           the date;

(2)           name, address and telephone number where applicant

can be reached;

(3)           date

of birth;

(4)           education;

(5)           work experience;

(6)           certificates and other professional licenses, if

any, held previously or currently;

(7)           title of position to which appointed or promoted;

(8)           date of appointment or promotion to position;

(9)           governmental unit by which employed;

(10)         duties in a new position, in sufficient detail to

determine appropriate type and level of certification;

(11)         name and title, certification, or other qualifications

of persons to be responsible for supervision; and

(12)         Social

Security number.

 

History Note:        Authority G.S. 143‑151.13;

Eff. June 28, 1979;

Amended Eff. July 18, 2002.

 

11 NCAC 08 .0605             APPLICATION: WHERE MADE AND FEE

The completed application shall be returned to the Board at

P.O. Box 26387, Raleigh, North Carolina  27611.  Each application shall be

accompanied by payment of a twenty dollar ($20.00) fee, either in cash or by a

check made payable to the North Carolina Code Officials Qualification Board.

 

History Note:        Authority G.S. 143‑151.12(1); 143‑151.16;

Eff. June 28, 1979;

Amended Eff. February 1, 1991.

 

 

 

11 NCAC 08 .0606             CERTIFICATE

If an application is found to be in order, the Board's staff

shall mail a probationary certificate to the applicant at the address specified

on the application.  The certificate shall specify the type and level of code enforcement

in which the applicant may engage and may be conditioned upon his having

supervision from an official with specified certification or qualifications. 

The certificate shall be effective for the period specified in the certificate.

 

History Note:        Authority G.S. 143‑151.13;

Eff. June 28, 1979;

Amended Eff. December 1, 1982.

 

 

 

11 NCAC 08 .0607             RETURN OF CERTIFICATE WHEN LEAVE

EMPLOYMENT

A probationary certificate shall remain valid only so long

as the person certified is employed by the state or a local government as a

code enforcement official of the type and level indicated on the certificate. 

When the person certified leaves such employment for any reason, he shall

return the certificate to the Board.  If the person subsequently returns to

such employment, the Board shall re‑issue the certificate to him,

provided there is any period remaining of its effective life.  In such event,

the effective period shall be calculated as though the resumed employment

followed immediately after the cessation of employment.

 

History Note:        Authority G.S. 143‑151.15;

Eff. June 28, 1979;

Amended Eff. December 1, 1982.

 

 

 

SECTION .0700 ‑ QUALIFICATION BOARD‑STANDARD

CERTIFICATE

 

 

11 NCAC 08 .0701             LEGAL REQUIREMENT

 

History Note:        Authority G.S. 143‑151.13;

Eff. January 15, 1980;

Repealed Eff. February 1, 1991.

 

 

 

11 NCAC 08 .0702             NATURE OF STANDARD CERTIFICATE

(a)  The Board shall issue one or more standard certificates

to each code enforcement official demonstrating the qualifications set forth in

11 NCAC 08 .0706 and .0707.  Standard certificates are available for each of

the following types of qualified code enforcement officials:

(1)           building inspector;

(2)           electrical inspector;

(3)           mechanical inspector;

(4)           plumbing inspector; and

(5)           fire inspector.

(b)  The holder of a standard certificate may practice code

enforcement only within the inspection area and level described upon the

certificate issued by the Board.  A code enforcement official may qualify and

hold one or more certificates.  These certificates may be for different levels

in different types of positions.

(c)  A code enforcement official holding a certificate

indicating a specified level of proficiency in a particular type of position may

hold a position calling for that type of qualification anywhere in the State of

North Carolina.  A standard certificate must be renewed annually in order to

remain valid.

 

History Note:        Authority G.S. 143‑151.13; 143‑151.16;

Eff. January 15, 1980;

Amended Eff. August 1, 2004; August 1, 1990; July 1, 1983.

 

11 NCAC 08 .0703             APPLICATION FORM: AVAILABILITY

The Board shall provide, upon request, application forms for

any person desiring a standard certificate, obtainable from the Division of

Engineering and Building Codes of the Department of Insurance.

 

History Note:        Authority G.S. 143‑151.19;

Eff. January 15, 1980.

 

 

 

11 NCAC 08 .0704             APPLICATION FORM: CONTENTS

The application form requires the applicant to furnish all

of the following pertinent information necessary to determine the

qualifications of the applicant for a standard certificate:

(1)           the date;

(2)           name, address, and telephone number where applicant

can be reached;

(3)           date

of birth;

(4)           education;

(5)           work experience;

(6)           certificates and other professional licenses, if

any, held previously or currently;

(7)           type and level of certificate for which application

is made;

(8)           governmental unit by which currently employed;

(9)           supporting data needed for verification of

applicant's qualifications called for by Rule .0706 or .0707 of this Section;

and

(10)         Social Security number.

 

History Note:        Authority G.S. 143‑151.13;

Eff. January 15, 1980;

Amended Eff. July 18, 2002.

 

11 NCAC 08 .0705             APPLICATION: WHERE MADE AND FEE

The completed application and all required supplementary

information shall be returned to the Board at P.O. Box 26387, Raleigh, North

Carolina 27611.  Each application (whether for one or several standard certificates

for a single individual) shall be accompanied by payment of a twenty dollar

($20.00) fee, either in cash or by a check made payable to the North Carolina

Code Officials Qualification Board.

 

History Note:        Authority G.S. 143‑151.16;

Eff. January 15, 1980;

Amended Eff. August 1, 1990.

 

 

 

11 NCAC 08 .0706             REQUIRED QUALIFICATIONS: TYPES AND

LEVELS

(a)  Qualification Levels

(1)           With respect to all types of code

enforcement officials, those with Level I, Level II, or Level III certificates

shall be qualified to inspect and approve only those types and sizes of

buildings specified in the following tables.

(2)           Limitation on maximum number of stories and

square feet (sf) of floor area of buildings for Building, Electrical,

Mechanical, and Plumbing inspectors, Levels I, II, or III:

 

Occupancy

Classification                       Level I                                   Level

II                                                                                  Level

III

Assembly                              1 story/7,500 sf                    1

story/20,000 sf                                                                 Unlimited

 

Business                                                1

story/20,000 sf                 1 story/60,000 sf                                                                 Unlimited

                                                                                                Multi-story:

4 stories max/20,000 sf per floor

 

Education                             1 story/7,500 sf                    1

story/20,000 sf                                                                 Unlimited

                                                                                                Multi-story:

2 stories max/20,000 sf per floor

 

Hazardous                            1 story/3,000 sf                    1

story/20,000 sf                                                                 Unlimited

                                                (See Note)                             Multi-story:

2 stories max/20,000 sf per floor

 

Factory Industrial                                1

story/20,000 sf                 1 story/60,000 sf                                                                 Unlimited

                                                                                                Multi-story:

4 stories max/20,000 sf per floor

 

Institutional                          1 story/7,500 sf                    1

story/10,000 sf                                                                 Unlimited

                                                                                                Multi-story:

3 stories max/10,000 sf per floor

 

Mercantile                             1 story/20,000 sf                 1

story/60,000 sf                                                                 Unlimited

                                                                                                Multi-story:

4 stories max/20,000 sf per floor

 

Residential

Multi-unit                              1 story /7,500 sf                   3

stories max/no restriction on floor area                       Unlimited

 

1 & 2 family                         Unlimited                              Unlimited                                                                              Unlimited

dwellings,

townhouses

 

Storage                                  1 story/20,000 sf                 1

story/60,000 sf per floor                                                 Unlimited

                                                                                                Multi-story:

4 stories max/20,000 sf per floor

 

Utility and Miscellaneous  Unlimited                              Unlimited                                                                              Unlimited

 

See the Building Code for Occupancy classifications.

 

Note: *Electrical Inspector, Level I shall not be authorized

to inspect wiring or equipment in hazardous locations as defined by Article 500

of the National Electrical Code with the exception of service stations and

service pumps.

(3)           Limitation on occupancy classifications of

buildings for Fire Inspectors, Levels I, II and III:

CERTIFICATION LEVELS FOR FIRE INSPECTORS

LEVEL I: - OCCUPANCY:

                Business

                Assembly - 1 story, 20,000 sf

                Mercantile

                Residential

                Storage S-2

                Factory Industrial F-2

                Utility and Miscellaneous

                Excluding Highrise *

                Note:  A Level I fire inspector shall not

conduct any plan review on any building, highrise or other.

LEVEL II: - OCCUPANCY:

                Everything in Level I

                Assembly - unlimited

                Educational

                Factory Industrial F-1

                Storage S-1

                Excluding Highrise *

                Note:  A level II fire inspector is

authorized to conduct Plan Review of all occupancies in Level I and II.

LEVEL III: - OCCUPANCY:

                Everything in Levels I and II

                Hazardous

                Institutional

                Highrise

                (Unlimited Occupancies)

                Note:  A Level III fire inspector is

authorized to conduct Plan Review of all occupancies in Levels I, II and III.

*  The term "excluding highrise" is listed because

some of the acceptable occupancies for the levels could be located in a

highrise building (defined in the Building Code).

(b)  Whenever a provision of the Rules in this Section

requires a supporting letter (maximum of two per level) from a supervisor, the

letter(s) shall be notarized, shall state the supervisor's qualifications

(i.e., what type and level of certificate or license the supervisor holds),

shall state that the applicant has worked under the supervisor's direct

supervision for a specified period of time, and shall recommend certification

of the applicant as a specified type and level of inspector upon satisfaction

of other required qualifications.  The supervisor shall describe the name,

floor area, and number of stories of the buildings worked on by the applicant

and shall describe the work performed by the applicant.

(c)  References in the rules in this Section to professional

engineer or licensed engineer means engineers licensed by the North Carolina

State Board of Examiners for Engineers and Surveyors pursuant to G.S. 89C. 

References in the rules in this Section to registered architect means

architects licensed by the Board of Architecture pursuant to Chapter 83A of the

North Carolina General Statutes.  References to licensed building,

residential, electrical, heating, plumbing, and fire sprinkler contractors

means contractors licensed by the State Licensing Board for General Contractors,

the N.C. State Board of Examiners of Electrical Contractors, or the N.C. State

Board of Examiners of Plumbing, Heating and  Fire Sprinkler Contractors

pursuant to Chapter 87 of the North Carolina General  Statutes.  References to

licensed "building" contractors do not include licensed

"residential" contractors.  Specialty licenses issued by these

occupational licensing boards are not acceptable.  Applicants with licenses

from other states or countries must provide a copy of their license and

documentation that the requirements of the other state are at least equivalent

to the statewide licensing requirements of North Carolina occupational

licensing boards.

(d)  Whenever a provision of the rules in this Section

requires the possession of an occupational license other than those

certificates that are issued by the Board, if that license is inactive, the

applicant must provide documentation from the appropriate occupational

licensing board that the applicant previously held the license and that the

license is currently inactive.

(e)  Whenever a provision of the rules in this Section

requires inspector experience on a minimum number of buildings or systems, the

experience must include all the inspections typically performed by an inspector

during construction of the building or system.  Inspections do not have to be

performed on the same building.

(f)  Whenever a provision of the rules in this Section

requires a high school education or other education and experience

qualifications, the Board may approve equivalent qualifications.  Whenever a

provision of the Rules in this Section requires the possession of a diploma or

degree from an accredited college, university, or trade school, accredited

shall mean accreditation from a regional accrediting association, for example,

Southern Association of Colleges and Schools.

(g)  Every applicant shall:

(1)           provide documentation that the applicant

possesses a minimum of a high school education or a high school equivalency

certificate (GED); and

(2)           provide notarized certification by a city

or county manager, clerk, or director of inspection department that the

applicant  will be performing "code enforcement", as defined  in G.S.

143‑151.8(a)(3), as an employee of that city or county; or provide

certification by the head of the Engineering and Building Codes Division of the

North Carolina Department of Insurance that the applicant will be performing

"code enforcement", as defined in G.S. 143‑151.8(a)(3), for a state

department or agency; and

(3)           make a grade of at least 70 on courses

developed by the Board.  Successful completion is defined as attendance of a

minimum of 80 percent of the hours taught and achieving a minimum score of 70

percent on the course exam.  All applicants must successfully complete a law

and administration course.  Applicants for certification in building,

electrical, fire prevention, mechanical, or plumbing inspection at levels I,

II, or III must successfully complete a course in that area and level (or a

higher level).  For the purpose of entry into the state examination, courses

must be completed within five years of the exam in Subparagraph (g)(4) of this

Rule.  These courses shall be administered and taught in the N.C. Community

College System or other educational agencies accredited by a regional

accrediting association; for example, Southern Association of Colleges and

Schools; and

(4)           achieve a passing grade of 70 percent on

the written examination administered by the Board in each level of

certification unless exempt by 11 NCAC 08.0707.

(h)  Building Inspector, Level I.  A standard certificate,

building inspector, Level I, shall be issued to any applicant who complies with

Paragraphs (b) through (g) of this Rule and who provides documentation that the

applicant possesses one of the following education and experience

qualifications:

(1)           a one year diploma in building construction

from an accredited college or an equivalent apprenticeship or trade school

program in building construction;

(2)           a four-year degree from an accredited

college or university;

(3)           at least six months of building inspection

experience with a probationary Level I building inspection certificate on a

minimum of two Level I buildings while working under the direct supervision of

a standard certified building inspector I, II, or III with a supporting letter

from the applicant's supervisor which complies with Paragraph (b) of this Rule;

(4)           at least one year of building design,

construction, or inspection experience on a minimum of two Level I buildings

while working under the direct supervision of a licensed engineer, registered

architect, or licensed building contractor with a supporting letter  from the

applicant's supervisor which complies with Paragraph (b) of this Rule;

(5)           a license as a building contractor;

(6)           at least two years of building construction

or inspection experience while working under a licensed building contractor;

(7)           at least two years of experience with a

probationary Level I building inspection certificate inspecting building

construction on a minimum of two Level I buildings;

(8)           at least two years of experience as an

owner, manager or supervisor of a residential construction company and who has

a license as a residential contractor and who has construction experience on a

minimum of two Level I buildings(this does not include a business partner

providing monetary backing for the company); or

(9)           at least two years of construction

experience as a subcontractor or employee of a residential contractor in the

building trades or work in building construction on a minimum of two Level I

buildings and under the direct supervision of a licensed residential contractor

who at that time had at least three years of experience.

(i)  Building Inspector, Level II.  A standard certificate,

building inspector, Level II, shall be issued to any applicant who complies

with Paragraphs (b) through (g) of this Rule and who provides documentation

that the applicant possesses one of the following education and experience

qualifications:

(1)           a license as a professional engineer or registered

architect;

(2)           a four year degree from an accredited

college or university in architecture, civil or architectural engineering, or

building construction;

(3)           a four-year degree from an accredited

college or university and at least two years of design, construction, or

inspection experience on a minimum of two Level II buildings while working

under the direct supervision of a certified building inspector II or III,

licensed engineer, registered architect, or intermediate or unlimited licensed

building contractor;

(4)           a two year degree from an accredited

college or university in architecture, civil or architectural engineering, or

building construction and at least two years of building design, construction,

or inspection experience on a minimum of two Level II buildings while working

under the direct supervision of a certified building inspector II or III,

licensed engineer, registered architect, or intermediate or unlimited licensed

building contractor;

(5)           an intermediate or unlimited license as a

building contractor with building construction experience on a minimum of two

Level II buildings;

(6)           at least three years of building inspection

experience including one year of inspection experience with a probationary

Level II building inspection certificate on a minimum of two Level II buildings

while working under the direct supervision of a certified building inspector II

or III with a supporting letter from the applicant's supervisor which complies

with Paragraph (b) of this Rule;

(7)           at least three years of building design,

construction, or inspection experience on a minimum of two Level II buildings

while working under the direct supervision of a licensed engineer, registered

architect, or licensed intermediate or unlimited building contractor with a

supporting letter from the applicant's supervisor which complies with Paragraph

(b) of this Rule; or

(8)           at least two years of experience with a

probationary Level II building inspection certificate inspecting construction

of a minimum of two Level II buildings.

(j)  Building Inspector, Level III.  A standard certificate,

building inspector, Level III, shall be issued to any applicant who complies

with Paragraphs (b) through (g) of this Rule and who provides documentation

that the applicant possesses one of the following education and experience

qualifications:

(1)           a license as a professional engineer or

registered architect with design, construction, or inspection experience on

Level III buildings and specialization in architecture, civil or architectural

engineering, or fire protection engineering;

(2)           a four-year degree from an accredited

college or university in architecture, civil or architectural engineering, or

building construction and at least one year of building design, construction,

or inspection experience while working under the direct supervision of a

certified building inspector III, licensed engineer, registered architect, or

licensed unlimited building contractor, at least at the level of supervisor in

responsible charge of a minimum of two Level III buildings;

(3)           a two-year degree from an accredited

college or university in architecture, civil or architectural engineering or

building construction and at least three years of building design,

construction, or inspection experience while working under the direct

supervision of a certified building inspector III, licensed engineer,

registered architect, or licensed unlimited building contractor with at least

one year at the level of supervisor in responsible charge of a minimum of two

Level III buildings;

(4)           an unlimited license as a building

contractor with experience on a minimum of two Level III buildings;

(5)           at least four years of inspection

experience including one year of building inspection experience with a

probationary Level III building inspection certificate on a minimum of two

Level III buildings while working under the direct supervision of a certified

building inspector III, with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(6)           at least four years of building design,

construction, or inspection experience while working under the direct

supervision of a licensed engineer, registered architect, or licensed unlimited

building contractor, two years of which have been performed at the level of

supervisor in responsible charge of a minimum of two Level III buildings with a

supporting letter from the applicant's supervisor which complies with Paragraph

(b) of this Rule; or

(7)           at least one year of experience with a

probationary Level III building inspection certificate inspecting the

construction of a minimum of two Level III buildings.

(k)  Electrical Inspector, Level I.  A standard certificate,

electrical inspector, Level I, shall be issued to any applicant who complies

with Paragraphs (b) through (g) of this Rule and who provides documentation

that the applicant possesses one of the following education and experience

qualifications:

(1)           a one-year diploma in electrical

construction from an accredited college or an equivalent apprenticeship or

trade school program in electrical construction;

(2)           a four-year degree from an accredited

college or university;

(3)           at least six months of electrical

inspection experience with a probationary Level I electrical inspection

certificate on a minimum of two Level I buildings while working under the

direct supervision of a standard certified electrical inspector I, II, or III

with a supporting letter from the applicant's supervisor which complies with

Paragraph (b) of this Rule;

(4)           at least one year of electrical design,

construction, or inspection experience on a minimum of two Level I buildings

while working under the direct supervision of a licensed engineer or licensed

electrical contractor with a supporting letter from the applicant's supervisor

which complies with Paragraph (b) of this Rule;

(5)           a restricted (one family dwelling) license

or license as an electrical contractor;

(6)           at least two years of electrical

installation or inspection experience while working under a licensed electrical

contractor; or

(7)           at least two years of experience with a

probationary Level I electrical inspection certificate inspecting electrical

installations on a minimum of two Level I buildings.

(l)  Electrical Inspector, Level II.  A standard

certificate, electrical inspector, Level II, shall be issued to any applicant

who complies with Paragraphs (b) through (g) of this Rule and who provides

documentation that the applicant possesses one of the following education and

experience qualifications:

(1)           a license as a professional engineer;

(2)           a four-year degree from an accredited

college or university in electrical engineering or electrical construction;

(3)           a four-year degree from an accredited

college or university and at least two years of electrical design,

construction, or inspection experience on a minimum of two Level II buildings

while working under the direct supervision of a certified electrical inspector

II or III, licensed engineer, or intermediate or unlimited licensed electrical

contractor;

(4)           a two-year degree from an accredited

college or university in electrical engineering or electrical construction and

at least two years of electrical design, construction, or inspection experience

on a minimum of two Level II buildings while working under the direct

supervision of a certified electrical inspector II or III, licensed engineer,

or intermediate or unlimited licensed electrical contractor;

(5)           an intermediate or unlimited license as an

electrical contractor with experience on a minimum of two Level II buildings;

(6)           at least three years of electrical

inspection experience including one year of inspection experience with a

probationary Level II electrical inspection certificate on a minimum of two

Level II buildings while working under the direct supervision of a certified

electrical inspector II or III with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(7)           at least three years of electrical design,

construction, or inspection experience on a minimum of two Level II buildings

while working under the direct supervision of a licensed engineer or licensed

intermediate or unlimited electrical contractor with a supporting letter from

the applicant's supervisor which complies with Paragraph (b) of this Rule; or

(8)           at least two years of experience with a

probationary Level II electrical inspection certificate inspecting electrical

installations on a minimum of two Level II buildings.

(m)  Electrical Inspector, Level III.  A standard

certificate, electrical inspector, Level III, shall be issued to any applicant

who complies with Paragraphs (b) through (g) of this Rule and who provides

documentation that the applicant possesses one of the following education and

experience qualifications:

(1)           a license as a professional engineer with

design, construction, or inspection experience on Level III buildings and

specialization in electrical engineering;

(2)           a four year degree from an accredited

university in electrical engineering or electrical construction and at least

one year of electrical design, installation, or inspection experience while

working under the direct supervision of a certified electrical inspector III,

licensed engineer, or licensed unlimited electrical contractor at least at the

level of supervisor in responsible charge of a minimum of two Level III

buildings;

(3)           a two-year degree from an accredited

college or university in electrical engineering or electrical construction and

at least three years of electrical design, installation, or inspection

experience while working under the direct supervision of a certified electrical

inspector III, licensed engineer, or licensed unlimited electrical contractor

with at least one year at the level of supervisor in responsible charge of a

minimum of two Level III buildings;

(4)           an unlimited license as an electrical

contractor with experience on a minimum of two Level III buildings;

(5)           at least four years of electrical

inspection experience including one year of inspection experience with a

probationary Level III electrical inspection certificate on a minimum of two

Level III buildings while working under the direct supervision of a certified

electrical inspector III with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(6)           at least four years of electrical design,

construction, or inspection experience while working under the direct

supervision of a licensed engineer or licensed unlimited electrical contractor,

two years of which have been performed at the level of supervisor in

responsible charge of a minimum of two Level III buildings with a supporting

letter from the applicant's supervisor which complies with Paragraph (b) of

this Rule; or

(7)           at least one year of experience with a

probationary Level III electrical inspection certificate inspecting the

electrical installations of a minimum of two Level III buildings.

(n)  Mechanical Inspector, Level I.  A standard certificate,

mechanical inspector, Level I, shall be issued to any applicant who complies

with Paragraphs (b) through (g) of this Rule and who provides documentation

that the applicant possesses one of the following education and experience

qualifications:

(1)           a one-year diploma in mechanical

construction from an accredited college or an equivalent apprenticeship or

trade school program in mechanical construction;

(2)           a four-year degree from an accredited

college or university;

(3)           at least six months of mechanical

inspection experience with a probationary Level I mechanical inspection

certificate on a minimum of two Level I buildings while working under the

direct supervision of a standard certified mechanical inspector I, II, or III

with a supporting letter  from the applicant's supervisor which complies with

Paragraph (b) of this Rule;

(4)           at least one year of mechanical design,

construction, or inspection experience on a minimum of two Level I buildings

while working under the direct supervision of a licensed engineer or licensed

Class I mechanical contractor with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(5)           an H‑1, H‑2, or H‑3 Class

I license as a mechanical contractor;

(6)           at least two years of mechanical

installation or inspection experience while working under a Class I H‑1,

H‑2, or H‑3 licensed mechanical contractor; or

(7)           at least two years of experience with a

probationary Level I mechanical inspection certificate inspecting mechanical

installations a minimum of two Level I buildings.

(o)  Mechanical Inspector, Level II.  A standard

certificate, mechanical inspector, Level II, shall be issued to any applicant

who complies with Paragraphs (b) through (g) of this Rule and who provides

documentation that the applicant possesses one of the following education and

experience qualifications:

(1)           a license as a professional engineer;

(2)           a four-year degree from an accredited

college or university in mechanical engineering or mechanical construction;

(3)           a four-year degree from an accredited

college or university and at least two years of mechanical design,

construction, or inspection experience on a minimum of two Level II buildings

while working under the direct supervision of a certified mechanical inspector

II or III, licensed engineer, or licensed Class I mechanical contractor;

(4)           a two-year degree from an accredited

college or university in mechanical engineering or mechanical construction and

at least two years of mechanical design, construction, or inspection experience

on a minimum of two Level II buildings while working under the direct

supervision of a certified mechanical inspector II or III, licensed engineer,

or licensed Class I mechanical contractor;

(5)           an H-1, H‑2, or H‑3 Class I

license as a mechanical contractor with experience on a minimum of two Level II

buildings;

(6)           at least three years of mechanical

inspection experience including one year of inspection experience with a

probationary Level II mechanical inspection certificate on a minimum of two

Level II buildings while working under the direct supervision of a certified

mechanical inspector II or III with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(7)           at least three years of mechanical design,

construction, or inspection experience on a minimum of two Level II buildings

while working under the direct supervision of a licensed engineer or licensed

Class I H‑1, H‑2, or H‑3 mechanical contractor with a

supporting letter from the applicant's supervisor which complies with Paragraph

(b) of this Rule; or

(8)           at least two years of experience with a

probationary Level II mechanical inspection certificate inspecting mechanical

installations on a minimum of two Level II buildings.

(p)  Mechanical Inspector, Level III.  A standard

certificate, mechanical inspector, Level III shall be issued to any applicant

who complies with Paragraphs (b) through (g) of this Rule and who provides

documentation that the applicant possesses one of the following education and

experience qualifications:

(1)           a license as a professional engineer, with

design, construction, or inspection experience on Level III buildings and

specialization in mechanical engineering;

(2)           a four-year degree from an accredited

university in mechanical engineering or mechanical construction and at least

one year of mechanical design, installation, or inspection experience while

working under the direct supervision of a certified mechanical inspector III, licensed

engineer, or licensed Class I H‑1, H‑2, and H‑3 mechanical

contractor at least at the level of supervisor in responsible charge of a

minimum of two Level III buildings;

(3)           a two-year degree from an accredited

college or university in mechanical engineering or mechanical construction and

at least three years of mechanical design, installation, or inspection

experience while working under the direct supervision of a certified mechanical

inspector III, licensed engineer, or licensed Class I H‑1, H‑2, and

H‑3 mechanical contractor with at least one year at the level of

supervisor in responsible charge of a minimum of two Level III buildings;

(4)           H‑1, H‑2, and H‑3 Class I

licenses as a mechanical contractor with experience on a minimum of two Level

III buildings;

(5)           at least four years of mechanical

inspection experience including one year of inspection experience with a

probationary Level III mechanical inspection certificate on a minimum of two

Level III buildings while working under the direct supervision of a certified

mechanical inspector III with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(6)           at least four years of mechanical design,

construction, or inspection experience while working under the direct

supervision of a licensed engineer or licensed Class I H‑1, H‑2,

and H‑3 mechanical contractor, two years of which have been performed at

the level of supervisor in responsible charge of a minimum of two Level III

buildings with a supporting letter from the applicant's supervisor which

complies with Paragraph (b) of this Rule; or

(7)           at least one year of experience with a

probationary Level III mechanical inspection certificate inspecting the

mechanical installations of a minimum of two Level III buildings.

(q)  Plumbing Inspector, Level I. A standard certificate,

plumbing inspector, Level I, shall be issued to any applicant who complies with

Paragraphs (b) through (g) of this Rule and who provides documentation that the

applicant possesses one of the following education and experience

qualifications:

(1)           a one-year diploma in plumbing construction

from an accredited college or an equivalent apprenticeship or trade school

program in plumbing construction;

(2)           a four-year degree from an accredited college

or university;

(3)           at least six months of plumbing inspection

experience with a probationary Level  I plumbing inspection certificate on a

minimum of two Level I buildings while working under the direct supervision of

a standard certified plumbing inspector I, II, or III with a supporting letter

from the applicant's supervisor which complies with Paragraph (b) of this Rule;

(4)           at least one year of plumbing design,

construction, or inspection experience on a minimum of two Level I buildings

while working under the direct supervision of a licensed engineer or licensed

Class I plumbing contractor with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(5)           a Class I license as a plumbing contractor;

(6)           at least two years of plumbing installation

or inspection experience while working under a licensed Class I plumbing

contractor; or

(7)           at least two years of experience with a

probationary Level I plumbing inspection certificate inspecting plumbing

installations a minimum of two Level I buildings.

(r)  Plumbing Inspector, Level II.  A standard certificate,

plumbing inspector, Level II, shall be issued to any applicant who complies

with Paragraphs (b) through (g) of this Rule and who provides documentation that

the applicant possesses one of the following education and experience

qualifications:

(1)           a license as a professional engineer;

(2)           a four-year degree from an accredited

college or university in mechanical engineering or mechanical or plumbing

construction;

(3)           a four-year degree from an accredited

college or university and at least two years of plumbing design, construction,

or inspection experience on a minimum of two Level II buildings while working

under the direct supervision of a certified plumbing inspector II or III,

licensed engineer, or licensed Class I plumbing contractor;

(4)           a two year degree from an accredited

college or university in mechanical engineering or mechanical or plumbing

construction and at least two years of plumbing design, construction, or

inspection experience on a minimum of two Level II buildings while working

under the direct supervision of a certified plumbing inspector II or III,

licensed engineer, or licensed Class I plumbing contractor;

(5)           a Class I license as a plumbing contractor

with experience on a minimum of two Level II buildings;

(6)           at least three years of plumbing inspection

experience including one year of inspection experience with a probationary

Level II plumbing inspection certificate on a minimum of two Level II buildings

while working under the direct supervision of a certified plumbing inspector II

or III with a supporting letter from the applicant's supervisor which complies

with Paragraph (b) of this Rule;

(7)           at least three years of plumbing design, construction,

or inspection experience on a minimum of two Level II buildings while working

under the direct supervision of a licensed engineer or licensed Class I

plumbing contractor with a supporting letter from the applicant's supervisor

which complies with Paragraph (b) of this Rule; or

(8)           at least two years of experience with a

probationary Level II plumbing inspection certificate inspecting plumbing

installations on a minimum of two Level II buildings.

(s)  Plumbing Inspector, Level III.  A standard certificate,

plumbing inspector, Level III shall be issued to any applicant who complies

with Paragraphs (b) through (g) of this Rule and who provides documentation

that the applicant possesses one of the following education and experience

qualifications:

(1)           a license as a professional engineer with

design, construction, or inspection experience on Level III buildings and

specialization in mechanical engineering;

(2)           a four-year degree from an accredited

university in mechanical engineering or mechanical or plumbing construction and

at least one year of plumbing design, installation, or inspection experience

while working under the direct supervision of a certified plumbing inspector

III, licensed engineer, or licensed Class I plumbing contractor at least at the

level of supervisor in responsible charge of a minimum of two Level III

buildings;

(3)           a two-year degree from an accredited

college or university in mechanical engineering or plumbing construction and at

least three years of plumbing design, installation, or inspection experience

while working under the direct supervision of a certified plumbing inspector

III, licensed engineer, or licensed Class I plumbing contractor with at least

one year at the level of supervisor in responsible charge of a minimum of two

Level III buildings;

(4)           a Class I license as a plumbing contractor

with experience on a minimum of two Level III buildings;

(5)           at least four years of plumbing inspection

experience including one year of inspection experience with a probationary Level

III plumbing inspection certificate on a minimum of two Level III buildings

while working under the direct supervision of a certified plumbing inspector

III with a supporting letter from the applicant's supervisor which complies

with Paragraph (b) of this Rule;

(6)           at least four years of plumbing design,

construction, or inspection experience while working under the direct

supervision of a licensed engineer or licensed Class I plumbing contractor, two

years of which have been performed at the level of supervisor in responsible

charge of a minimum of two Level III buildings with a supporting letter from

the applicant's supervisor which complies with Paragraph (b) of this Rule; or

(7)           at least one year of experience with a

probationary Level III plumbing inspection certificate inspecting the plumbing

installations of a minimum of two Level III buildings.

(t)  Fire Inspector, Level I.  A standard certificate, fire

inspector, Level I, shall be issued to any applicant who complies with

Paragraphs (b) through (g) of this Rule and who provides documentation that the

applicant possesses one of the following education and experience

qualifications:

(1)           a one year diploma in fire science from an

accredited college or an equivalent apprenticeship or trade school program in

fire science;

(2)           a four-year degree from an accredited

college or university;

(3)           at least six months of fire inspection

experience with a probationary Level I fire inspection certificate on a minimum

of two Level I buildings while working under the direct supervision of a

standard certified fire inspector I, II, or III with a supporting letter from

the applicant's supervisor which complies with Paragraph (b) of this Rule;

(4)           at least one year of fire protection

design, construction, or inspection experience on a minimum of two Level I

buildings while working under the direct supervision of a licensed engineer,

registered architect, or licensed building, electrical, or fire sprinkler

contractor with a supporting letter from the applicant's supervisor which

complies with Paragraph (b) of this Rule;

(5)           a license as a fire sprinkler contractor;

(6)           at least two years of construction or

inspection experience in fire protection systems while working under a licensed

building, electrical, or fire sprinkler contractor;

(7)           at least two years of experience with a

probationary Level I fire inspection certificate conducting fire inspections on

a  minimum of two Level I buildings;

(8)           at least four years of experience in fire

suppression activities for a city, county, volunteer, or other governmental

fire department; or

(9)           Firefighter Level II certification under

the North Carolina State Fire and Rescue Commission with at least one year of

fire inspection experience in Level I buildings.

(u)  Fire Inspector, Level II.  A standard certificate, fire

inspector, Level II, shall be issued to any applicant who complies with

Paragraphs (b) through (g) of this Rule and who provides documentation that the

applicant possesses one of the following education and experience

qualifications:

(1)           a license as a professional engineer or

registered architect;

(2)           a four year degree from an accredited

college or university in architecture, civil or architectural engineering,

building construction, or fire science;

(3)           a four-year degree from an accredited

college or university and at least two years of fire protection design,

construction, or inspection experience on a minimum of two Level II buildings

while working under the direct supervision of a certified fire inspector II or

III, licensed engineer, registered architect, intermediate or unlimited

licensed building contractor, or licensed fire sprinkler contractor;

(4)           a two-year degree from an accredited

college or university in architecture, civil or architectural engineering,

building construction, or fire science and at least two years of fire

protection design, construction, or inspection experience on a minimum of two

Level II building fire protection systems while working under the direct

supervision of a certified fire inspector II or III, licensed engineer,

registered architect, intermediate or unlimited licensed building contractor,

or licensed fire sprinkler contractor;

(5)           a license as a fire sprinkler contractor

with experience on a minimum of two Level II buildings;

(6)           at least three years of fire inspection

experience including one year of inspection experience with a probationary

Level II fire inspection certificate on a minimum of two Level II buildings

while working under the direct supervision of a certified fire inspector II or

III with a supporting letter from the applicant's supervisor which complies

with Paragraph (b) of this Rule;

(7)           at least three years of fire protection

system design, construction, or inspection experience on a minimum of two Level

II buildings while working under the direct supervision of a licensed engineer,

registered architect, licensed intermediate or unlimited building contractor,

or licensed fire sprinkler contractor with a supporting letter from the

applicant's supervisor which complies with Paragraph (b) of this Rule;

(8)           at least two years of experience with a

probationary Level II fire inspection certificate conducting fire inspections

on a minimum of two Level II buildings; or

(9)           completion of the basic, intermediate, and

advanced classes of the North Carolina Fire Prevention School with at least

three years of fire inspection experience in Level II buildings.

(v)  Fire Inspector, Level III.  A standard certificate,

fire inspector, Level III, shall be issued to any applicant who complies with

Paragraphs (b) through (g) of this Rule and who provides documentation that the

applicant possesses one of the following education and experience

qualifications:

(1)           a license as a professional engineer or

registered architect with design, construction, or inspection experience on

Level III buildings and specialization in architecture, civil or architectural

engineering, or fire protection engineering;

(2)           a four-year degree from an accredited

college or university in civil, architectural, or fire protection engineering

and at least one year of fire inspection experience while working under a

certified fire inspector III, licensed engineer, registered architect, or

licensed fire sprinkler contractor on a minimum of two Level III buildings;

(3)           a two-year degree from an accredited

college or university in civil, architectural, or fire protection engineering

and at least three years of fire protection design, installation, or inspection

experience while working under the direct supervision of a certified fire

inspector III, licensed engineer, registered architect, licensed unlimited

building contractor, or licensed fire sprinkler contractor with at least one

year in responsible charge of a minimum of two Level III buildings;

(4)           a license as a fire sprinkler contractor

with experience on a minimum of two Level III buildings;

(5)           at least four years of fire inspection

experience in fire protection systems including one year of inspection

experience with a probationary Level III fire inspection certificate on a

minimum of two Level III buildings while working under the direct supervision

of a certified fire inspector III with a supporting letter from the applicant's

supervisor which complies with Paragraph (b) of this Rule;

(6)           at least four years of fire protection

system design, construction, or inspection experience while working under the

direct supervision of a licensed engineer, registered architect, licensed

intermediate or unlimited building contractor, or licensed fire sprinkler contractor,

two years of which have been performed at the level of supervisor in

responsible charge of a minimum of two Level III buildings with a supporting

letter from the applicant's supervisor which complies with Paragraph (b) of

this Rule; or

(7)           at least one year of experience with a

probationary Level III fire inspection certificate conducting fire inspections

on a minimum of two Level III buildings.

 

History Note:        Authority G.S. 143-151.12(1); 143-151.13;

Eff. January 15, 1980;

Amended Eff. August 1, 2004; July 18, 2002; February 1, 1991; August 1, 1990; July 1, 1983.

 

11 NCAC 08 .0707             SPECIAL CIRCUMSTANCES

(a)  Licensed County Electrical Inspector.  Pursuant to G.S.

143‑151.13(e), the Board will, without requiring an examination, issue a

standard certificate to any person holding a currently valid certificate as a county

electrical inspector, issued by the Commissioner of Insurance under G.S. 153A‑351. 

Such certificate shall be for the electrical inspector level corresponding to

the level at which the applicant is currently certified.

(b)  Registered Architect, Licensed General Contractor,

Licensed Plumbing or Heating Contractor, Licensed Electrical Contractor,

Registered Professional Engineer.  Pursuant to G.S. 143‑151.13(f), the

Board will, without requiring an examination, issue a standard certificate to

any person who successfully completes the Board's prescribed short course

concerning state building code regulations and code enforcement administration

and who is currently registered or licensed (as of June 13, 1977) by the State

of North Carolina as an architect, a general contractor, a plumbing or heating

contractor, an electrical contractor, or a professional engineer.  The standard

certificate thus issued will authorize the person to practice as a qualified

code enforcement official of the type and at the performance level determined

by the Board to be appropriate in light of the applicant's education, training,

and experience.

(c)  Certified Code Enforcement Official From Another

State.  Pursuant to G.S. 143‑151.14, the Board will, without requiring an

examination, issue a standard certificate to any person who successfully

completes the Board's prescribed short course concerning state building code

regulations and code enforcement administration and who holds a currently valid

certificate as a qualified code enforcement official from another state or

territory whose standards are acceptable to the Board and not lower than those

required of North Carolina applicants.

 

History Note:        Authority G.S. 143‑151.13; 143‑151.14;

Eff. January 15, 1980;

Amended Eff. July 1, 1983.

 

 

 

11 NCAC 08 .0708             CERTIFICATE

(a)  If an application is found to be in order and the

applicant qualified for a particular type and level of certificate, upon

approval of the Board the Board's staff shall mail a standard certificate of

that type and level to the applicant at the address specified on the

application.  The certificate shall be effective until the renewal date

specified in G.S. 143-151.16(b).

(b)  If the applicant does not meet the criteria for the

certificate for which applied, the applicant shall be given written notice of

the criterion that the applicant apparently fails to meet and offered a choice

of:

(1)           accepting a certificate for a lower level

for which the applicant is qualified;

(2)           submitting additional evidence in support

of the application;

(3)           withdrawing the application; or

(4)           appealing the decision to the Board.

If an appeal is filed, the Board shall conduct a hearing and

render a decision in accordance with G.S. 150B.

 

History Note:        Authority G.S. 143‑151.12; 143‑151.13;

143‑151.14; 143‑151.19;

Eff. January 15, 1980;

Amended Eff. July 18, 2002; January 1, 1991.

 

11 NCAC 08 .0709             RENEWAL

To remain effective, a standard certificate must be renewed

in accordance with G.S. 143-151.16(b). Applications for renewal shall be made

on forms furnished by the Division of Engineering and Building Codes of the

Department of Insurance. A ten dollar ($10.00) renewal fee shall accompany each

such application. In the event that an application for renewal is not received

by July 1, an additional late-renewal fee of two dollars ($2.00) shall be

charged.  Any person who fails to renew a certificate for a period of two

consecutive years shall take and pass the same examination as unlicensed

applicants for that type and level of certificate before that person shall be

allowed to renew the certificate.  In accordance with 11 NCAC 08 .0712,

continuing education requirements must be completed by June 30 for renewal of

the standard certificate.

 

History Note:        Authority G.S. 143-151.13A(b);

143-151.16;

Eff. January 15, 1980;

Amended Eff. February 1, 2006; July 18, 2002; August 1,

1990.

 

11 NCAC 08 .0710             RETURN OF CERTIFICATE WHEN LEAVE

EMPLOYMENT

A standard certificate issued by the Board shall remain

valid only so long as the person certified is employed by the State of North

Carolina or any political subdivision thereof as a code enforcement official. 

When the person certified leaves such employment for any reason, he shall

return the certificate to the Board.  If the person subsequently obtains

employment as a code enforcement official in any of such governmental

jurisdictions, the Board shall re‑issue the certificate to him, subject

to the provisions of Rule .0709, provided, however, that if there is time

remaining on the re‑issued certificate, no additional fee will be

charged.

 

History Note:        Authority G.S. 143‑151.15;

Eff. January 15, 1980.

 

 

 

11 NCAC 08 .0711             PRE-QUALIFICATION PROGRAM

The Board may prequalify, as an inspector, an applicant who

is not an employee of a city, county, or state inspection department.  The

Board shall accept applicants who meet the same education, experience, and other

requirements listed in Rules .0702 through .0707 of this Section.  The Board

shall prequalify the applicant at the area and level of certification when the

applicant completes these requirements.  The Board shall issue a standard

inspection certificate when the prequalified applicant is employed by a city,

county, or state inspection department.

 

History Note:        Authority G.S. 143‑151.12;

Eff. July 18, 2002.

 

11 NCAC 08 .0712             CONTINUING EDUCATION - GENERAL

As a condition of certificate renewal, holders of active

standard and limited certificates must meet continuing education (CE)

requirements in accordance with 11 NCAC 08 .0713 through 08 .0733.  Courses and

sponsors must meet the requirements in 11 NCAC 08 .0713 through 08 .0733.

 

History Note:        Authority G.S. 143-151.13A(b);

Eff. February 1, 2006.

 

11 NCAC 08 .0713             CONTINUING EDUCATION REQUIREMENTS

(a)  To be eligible to renew a certificate, whether active standard

or active limited, a Code Enforcement Official (CEO) shall have completed the requisite

number of credit hours by June 30, 2007, and each June 30 thereafter.

(b)  A credit hour is 50 minutes of class contact course

instruction or 50 minutes of distance learning time.

(c)  A CEO with an active limited certificate shall complete

six hours of continuing education courses per renewal year in each technical area

for which the limited certificate is valid.  A CEO with an active standard certificate

shall complete six hours of continuing education courses per renewal year for each

standard certificate.  A CEO with a limited and a standard certificate valid for

the same technical area shall complete only six hours for that technical area.

(d)  A CEO with only a probationary certificate and no standard

or limited certificate is not required to complete any continuing education courses.

(e)  If a course exceeds the number of credit hours specified

for renewal of a technical area certificate, the excess credit hours may be carried

forward into the following renewal year of that technical area certificate.  The

number of carry-forward credit hours shall not exceed six.

 

History Note:        Authority G.S. 143-151.13A(b); 143-151.13A(f)(1);

143-151.13A(f)(4); 143-151.13A(f)(5); 143-151.16(b);

Eff. March 1, 2006;

Amended Eff. April 1, 2007.

 

11 NCAC 08 .0714             INACTIVE CODE ENFORCEMENT OFFICIALS

(a)  A CEO either who is no longer employed by a city,

county, or state inspection department or who remains employed by a city,

county, or state inspection department but no longer has Code enforcement

responsibility is deemed inactive.  Inactive CEOs are neither subject to

certificate renewal requirements nor continuing education requirements.

(b)  When an inactive CEO wishes to become reemployed as an

active CEO, the CEO must complete continuing education courses within one year

after reemployment to re-activate certificates in addition to the courses

required for renewal of certificates as follows: 

(1)           A CEO who has been on inactive status for

more than two years and who has not been continuously employed by a city,

county, or state inspection department during the period of inactive status

shall complete continuing education courses of 12 hours for each technical area

in which the CEO is certified.

(2            A CEO who has been on inactive status for

more than two years and who has been continuously employed by a city, county, or

state inspection department during the period of inactive status shall complete

continuing education courses of six hours for each technical area in which the

CEO is certified.

(3)           A CEO who has been on inactive status for

two years or less shall complete CE courses of four hours for each technical

area in which the CEO is certified.

 

History Note:        Authority G.S. 143-151.13A(b);

143-151.13A(d); 143-151.15;

Eff. February 1, 2006.

 

11 NCAC 08 .0715             FAILURE TO COMPLETE CONTINUING

EDUCATION

Any active CEO who fails to complete the required continuing

education courses by June 30 of the current renewal year shall have his or her

certificates suspended until the CE requirement is met.  A CEO without a

currently valid certificate shall not perform Code enforcement.

 

History Note:        Authority G.S. 143-151.13A(f)(7);

Eff. February 1, 2006.

 

11 NCAC 08 .0716             COMPLIANCE

(a) General CEO compliance with annual CE requirements may

be determined through an audit process conducted by the Board's staff. 

Determination of individuals to be audited shall be accomplished either through

a random selection process or based on information available to the Board's

staff.  Individuals selected for auditing shall provide the Board's staff with

documentation of the CE activities claimed for the renewal period, including

attendance verification records in the form of transcripts, completion

certificates, and any other documents supporting evidence of attendance.

(b) Attendance records shall be maintained by CEOs for a

period of three years following the applicable certificate renewal date for

audit verification purposes.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0717             EXTENSIONS OF TIME

Upon petition to the Board staff, extensions of time to

complete continuing education courses shall be granted to CEOs for good cause only,

such as military service, physical disability, illness, and similar hardship if

the period of hardship exceeded 90 consecutive days.  Supporting documentation

such as military orders or a letter from a physician must be furnished to the Board's

staff.  The Board staff shall determine whether the extension shall be granted

within 10 calendar days of receipt of the petition and shall notify the CEO of

its determination.

 

History Note:        Authority G.S. 143-151.13A (e);

Eff. February 1, 2006.

 

11 NCAC 08 .0718             COURSE SPONSORS

(a)  A course sponsor is an organization or individual that

has submitted an application and has been approved by the Board to provide

courses and instructors for continuing education.  No retroactive approval of a

sponsor shall be granted by the Board for any reason.

(b)  A prospective sponsor of a CE course shall obtain

written approval from the Board to conduct the course before offering or

conducting the course and before advertising or otherwise representing that the

course is or may be approved for continuing education credit. 

(c)  Sponsors may include community colleges; colleges and

universities; CEO associations; trade associations; providers of self-paced or

internet based training programs; city, county, and state inspection

departments or other agencies; and private instructors.  A prospective sponsor

shall be approved by the Board as a course sponsor if, upon submission of a

completed application under Paragraph (d) of this Rule, the Board determines

that at least one course proposed to be offered by the prospective sponsor 

meets the criteria for course approval under 11 NCAC 08 .0720, each instructor

that is to offer course instruction for the prospective sponsor satisfies the

requirements of Paragraph (e) of this Rule, and there are no other grounds

under the laws of North Carolina on the basis of which approval should not be

granted to the sponsor.   

(d)  Each course sponsor shall submit an application for

continuing education course sponsor approval to the Board on a form provided by

the Board.  The application shall include:

(1)           The name of the sponsor;

(2)           The sponsor contact person, address and

telephone number;

(3)           The course contact hours;

(4)           A description of the courses or types of

courses the sponsor proposes to offer and the schedule of courses, if

established, including dates, time and locations; and

(5)           The identity and qualifications and

experience of each instructor.

(e)  Instructors shall have a minimum of one year of

experience in architecture; engineering; construction; inspection; installation

of equipment, building materials, or components; or other Code-related areas

which shall be pertinent to the nature and purpose of the course(s) for which

they will provide instruction.  Instructors shall possess the ability to:

(1)           Communicate through speech, with the

ability to speak clearly, and with voice inflection, using proper grammar and

vocabulary;

(2)           Present instruction in a thorough,

accurate, logical, orderly and understandable manner;

(3)           Use varied instructional techniques in

addition to straight lecture, such as class discussion, role-playing, or other

techniques; and

(4)           Use instructional aids, such as projectors

and computers to enhance learning.

Instructors shall assure that class sessions are started on

time and are conducted for the full amount of time that is scheduled. 

Instructors shall also assure that each CE course is taught according to the

course outline and plan that was approved by the Board, including the

furnishing of approved student materials.

 

History Note:        Authority G.S. 143-151.13A(f)(2);

Eff. March 1, 2006.

 

11 NCAC 08 .0719             CONTINUING EDUCATION COORDINATOR

Each sponsor of a CE course shall designate one person to

serve as the Continuing Education Coordinator for all Board-approved continuing

education courses offered by the sponsor.  The designated Coordinator shall

serve as the official contact person for the sponsor and shall be responsible

for signing the course completion certificates provided by the sponsor to CEOs

completing courses and submitting to the Board's staff all required rosters,

sign-in sheets, reports, and other information.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0720             APPROVED COURSES

(a)  To be approved for credit in the continuing education

program, a course shall be directly related to State Building Codes,

inspection, administration, or enforcement of State Building Codes;

construction or design of buildings or electrical, mechanical, plumbing, or

fire prevention systems; or certification courses approved for CEOs.

(b)  Credit shall be given only for courses that have been

approved by the Board.  Continuing education courses for other State occupational

licenses must be specifically approved to satisfy the Board's continuing

education requirements.  Courses from approved sponsors must be specifically

approved before being offered.

(c)  Some courses shall be approved for credit in more than

one area of certification.  A CEO with multiple certificates may apply the

credit to any certificate for which the course is approved.  If the course

hours are greater than required for one certificate, the remaining hours may be

applied to other certificates for which the course is approved or the remaining

hours may be carried over in accordance with 11 NCAC 08 .0713(e).

(d)  A CEO shall only receive credit for the same course

once within any three-year period.

(e)  A course shall contain a minimum of one credit hour.

(f)  A CEO may select a course other than one offered by an

approved sponsor.  In order to obtain approval for the course, the CEO shall,

upon completion of the course, submit an application for approval on a form

provided by the Board.  The application shall include:

(1)           the topic;

(2)           content of lecture material;

(3)           date, time, and location of the course;

(4)           name and qualifications of the instructor; 

and

(5)           the number of course contact hours received

upon completion of the course.

In lieu of the form, the CEO may submit a course brochure

that contains all of the information required by the form. The CEO shall also

provide verification of attendance from the course instructor.  The Board shall

not accept any applications for course approval under this paragraph after

April 30 of each year.

(g)  Instructors shall receive twice the number of course

credit hours for each instructional hour in an approved course.  An instructor

shall only receive twice the number of course credit hours for the same course

once within any two-year period.

 

History Note:        Authority G.S. 143-151.13A(f)(1);

143-151.13A(f)(4);

Eff. February 1, 2006;

Amended Eff. April 1, 2007.

 

11 NCAC 08 .0721             COURSE ACCREDITATION REQUIREMENTS

(a)  Sponsors of prospective CE courses shall apply for

approval from the Board by submitting the following information to the Board's

staff for consideration:

(1)           course title and outline;

(2)           nature and purpose of the course;

(3)           outline of the course, including the number

of training hours for each segment; and

(4)           copies of handouts and materials to be

furnished to students.

(b)  To determine if a course is approved, the Board's staff

shall review the course to determine if the course meets the requirements of 11

NCAC 08 .0720 and its stated objectives.  The Board's staff shall issue written

approval to the course sponsor for all courses deemed to be acceptable.  The

Board's staff shall notify the course sponsor of any course found not to be

acceptable, providing specific reasons for the disapproval.  A course sponsor

may appeal the Board's staff's disapproval of a course to the Board, and such

appeal shall be heard at the next scheduled meeting of the Board.

 

History Note:        Authority G.S. 143-151.13A(f)(2);

Eff. February 1, 2006.

 

11 NCAC 08 .0722             DISTANCE EDUCATION COURSES

A distance education course is a continuing education course

in which instruction is accomplished through the use of media and methods

whereby instructor and student are separated by distance and sometimes by time. 

In addition to fulfilling all course accrediting requirements, a sponsor

requesting approval of a distance education course must demonstrate that the

proposed distance education course satisfies the following criteria:

(1)           The course shall be designed to assure that

students have defined learning objectives.  If the nature of the subject matter

is such that the learning objectives cannot be reasonably accomplished without

some direct interaction between the instructor and students, then the course

must be designed to provide for such interaction.

(2)           A course that does not provide the opportunity for

continuous audio and visual communication between instructor and all students

during the course presentation shall utilize testing processes to assure

student understanding of the subject material.

(3)           A course that involves students completing the

course on a self-paced study basis shall be designed so that the time required

for a student of average ability to complete the course will be equivalent to a

similar course taught in a classroom setting.  The sponsor shall utilize a

system that assures that students have actually performed all tasks required

for completion and understanding of the subject material.

(4)           The sponsor shall provide technical support to

enable students to satisfactorily complete the course.

(5)           The course instructors shall be available to

respond in a timely manner to student questions about the subject matter of the

course.  Instructors shall have training in the proper use of the instructional

delivery method utilized in the course, including the use of computer hardware

and software or other applicable equipment and systems.

(6)           The sponsor shall provide students with an

information package containing all pertinent information regarding requirements

unique to completing a distance education course, including any special

requirements with regard to computer hardware and software or other equipment,

and outlining in detail the instructor and technical support that will be available

when taking the course.

(7)           The sponsor shall use procedures that provide

reasonable assurance that the student receiving continuing education credit for

completing the course actually performed all the work required to complete the

course.  For courses that involve independent study by students, certification

that the student personally completed all required course work shall be

provided by the student to the sponsor, either by a signed statement (on a form

provided by the sponsor) or, in the case of internet or computer based courses,

by electronic means that are indicated in the software or on the website. 

Signed course completion statements or records of electronic certification

shall be retained by the sponsor together with any other course records

required by the rules in this Section.

(8)           Sponsors seeking approval of distance education

courses must submit to the Board's staff a complete copy of the course in the

medium that is to be used, including all computer software that will be used in

presenting the course and administering tests.  If the course is to be internet

based, the Board's staff must be provided access to the course via the internet

and shall not be charged a fee for such access.

(9)           Distance education courses shall comply with requirements

for course completion reporting.  Students shall not be reported for continuing

education credit for distance education courses until the signed form from the

student or electronic certification as described in Item (7) of this Rule has

been received by the sponsor.

 

History Note:        Authority G.S. 143-151.13A(f)(2);

143-151.13A(f)(3);

Eff. February 1, 2006.

 

11 NCAC 08 .0723             DENIAL OR WITHDRAWAL OF APPROVAL OF

SPONSOR OR COURSE

The Board may deny, suspend or terminate approval of

sponsors or courses offered by a sponsor if the Board finds a failure to comply

with the Board's rules or the course outline, or for misstatements as to

content or participation.

 

History Note:        Authority G.S. 143-151.13A(f)(7);

Eff. February 1, 2006.

 

11 NCAC 08 .0724             SPONSOR AND COURSE CHANGES

(a)  Course sponsors shall obtain prior approval from the

Board's staff for any proposed changes in the content or number of hours for approved

CE courses. Requests for approval of changes shall be in writing. The Board's

staff shall approve the changes if they satisfy the accreditation requirements

as provided in 11 NCAC 08 .0721.  Changes in course content that are solely for

the purpose of assuring that information provided in a course is current, such

as updating to address code amendments or changes in regulations, need not be submitted

for approval.

(b)  Course sponsors shall give prior written notice to the Board's

staff in writing of any change in business name, Continuing Education

Coordinator, address, or business telephone number.

 

History Note:        Authority G.S. 143-151.13A(f)(2);

Eff. February 1, 2006.

 

11 NCAC 08 .0725             NOTICE OF SCHEDULED COURSES

(a)  A sponsor shall provide the Board's staff with written

notice of each scheduled course offering no later than 20 calendar days before

a scheduled course date.  The notice shall include the name and assigned number

for the sponsor, the name and assigned number for the course, and the scheduled

date, time, and location of the course.

(b)  A sponsor shall notify any registered CEOs and the Board's

staff of any schedule changes or course cancellations at least five calendar

days before the original scheduled course date.  If a change or cancellation becomes

necessary after the five-day deadline, the sponsor shall notify the Board's

staff and any registered CEOs as soon as the sponsor effects the change or

cancellation.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0726             ADVERTISING AND PROVIDING COURSE

INFORMATION

(a)  Course sponsors shall not use false or misleading

advertising.

(b)  Any flyers, brochures, or other medium used to promote

a CE course shall describe the fee to be charged and the sponsor's cancellation

and fee refund policies.

(c)  A sponsor of a CE course shall provide a description of

the course content to the CEO.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0727             FEE FOR CE COURSES

The sponsor of an approved CE course shall establish the

amount of any fee to be charged to CEOs taking the course.  The fee shall be

all-inclusive.  No separate or additional fee shall be charged to CEOs for

providing course materials, providing course completion certificates, reporting

course completion to the Board's staff, or for recouping administrative

expenses.  The total amount of any fees to be charged shall be included in any

advertising or promotional materials for the course.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0728             CANCELLATION AND REFUND POLICIES

If a scheduled course is canceled, a sponsor shall

immediately notify preregistered CEOs of the cancellation.  All prepaid fees

received from preregistered CEOs shall be refunded within 30 days after the date

of cancellation.  Failure to provide a refund shall result in revocation of

sponsor approval.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0729             COURSE ATTENDANCE

(a)  Course instructors shall monitor attendance to assure

that all CEOs have completed the course.  A CEO shall not be reported to the Board's

staff as having completed a course unless the CEO satisfies the attendance

requirement.

(b)  Any CEO providing false information to a course sponsor

shall not receive CE credits for the course, shall not be entitled to a refund

of course fees, and may be subject to disciplinary action by the Board.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0730             ACCOMMODATIONS FOR PERSONS WITH

DISABILITIES

Course sponsors and instructors shall comply with the

Americans with Disabilities Act or other laws requiring accommodation of

persons with disabilities.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0731             COURSE COMPLETION REPORTING

(a)  Each sponsor shall submit to the Board's staff a report

verifying completion of a CE course for each CEO who completes the course.  A

sponsor shall submit this report to the Board's staff within 15 calendar days

following the course completion.  Reports shall be submitted electronically on

forms provided by the Board.  Reports shall include the sponsor name and the

sponsor identifying number, the name and the identifying number of the CEO who

completed the course, the date of course completion, the course name and course

identifying number, the trade area to which the course applies, the instructor

name, the standard or limited certificate number to which to credit the course,

and the number of credit hours, and the renewal year to apply the course

credit.

(b)  Course sponsors shall provide CEOs enrolled in each CE

course an opportunity to complete an evaluation on a form provided by the Board

of each approved CE course.  Sponsors shall submit the completed evaluation

forms to the Board's staff.  The evaluation form may be provided on the

internet at the option of the provider.

(c)  Course sponsors shall provide each CEO who completes an

approved CE course with a course completion certificate. Sponsors shall provide

the certificates to CEOs within 15 calendar days following the course

completion.  The certificate shall be retained for three years by the CEO as

proof of having completed the course.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0732             RETENTION OF COURSE RECORDS

All course sponsors shall retain records of student

registration, attendance, and course completion for CE courses for at least three

years.  All course sponsors shall make these records available to the Board's

staff upon request.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

11 NCAC 08 .0733             BOARD MONITORS

A course sponsor shall admit representatives of the Board to

monitor any CE class without prior notice.  Board representatives shall not be

required to register or pay any fee and shall not be reported as having

completed the course.

 

History Note:        Authority G.S. 143-151.13A(f);

Eff. February 1, 2006.

 

SECTION .0800 ‑ DISCIPLINARY ACTIONS: OTHER CONTESTED

MATTERS

 

11 NCAC 08 .0801             DISCIPLINARY POWERS

(a)  As used in this Section "Board" and

"Code" have the same meanings as those terms are defined in G.S. 143‑151.8(a);

and "official" means a qualified Code‑enforcement official as

defined in G.S. 143‑151.8(5).

(b)  Any person who believes that an official is or has been

in violation of G.S. 143‑151.17(a) may file a complaint against that

official. Copies of this Section and G.S. 143‑151.17 shall be mailed to

any person requesting complaint information from the Board.

(c)  The complaint must specifically refer to one or more of

the grounds in G.S. 143‑151.17(a).  The name of the official, if known,

and the name of the local inspection department must be listed.  If the

official is unknown, the complaint must refer to "the inspector who

performed the building (or electrical, mechanical, plumbing, or fire

prevention) inspection."

(d)  Supporting information must be included to justify the

complaint. If the complaint involves violations of the Code that the official

did not discover, a list of those violations must be submitted with the

complaint. Such information may be provided by the complainant, an architect,

professional engineer, licensed contractor, certified inspector, or other

person with knowledge of the Code.  Supporting information must refer to

specific violations of the Code or of the General Statutes.

(e)  The complaint must be in writing, signed by the

complainant, and dated.  The complaint must include the complainant's mailing

address and a daytime phone number at which the complainant may be reached. 

The street address of the structure must be included.  There must be a

notarized verification at the end of the complaint.

 

History Note:        Filed as a Temporary Amendment Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. January 15, 1980;

Amended Eff. June 1, 1992; September 1, 1991.

 

11 NCAC 08 .0802             PRELIMINARY INVESTIGATION

 

History Note:        Filed as a Temporary Amendment Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17(b);

150B‑38(h);

Eff. January 15, 1980;

Amended Eff. June 1, 1992; September 1, 1991;

Repealed Eff. July 18, 2002.

 

11 NCAC 08 .0803             NOTICE TO PARTIES

11 NCAC 08 .0804             EMERGENCY SUSPENSION

 

History Note:        Authority G.S. 150A‑3(b); 150A‑3(c);

150A‑23(b)(c)(d);

Eff. January 15, 1980;

Repealed Eff. September 1, 1991.

 

 

 

11 NCAC 08 .0805             HEARING OFFICER

In all contested case hearings before the Board, the

Chairman of the Board shall serve as presiding officer.  In the absence of the

Chairman, the Vice‑Chairman shall serve as presiding officer, or a

presiding officer shall be elected by the Board.

 

History Note:        Filed as a Temporary Amendment Eff. March

3, 1992

For a Period of 169 Days to Expire on August 21, 1992;

Statutory Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. January 15, 1980;

Amended Eff. June 1, 1992; September 1, 1991.

 

 

 

11 NCAC 08 .0806             CONSOLIDATION OF SEVERAL CASES

11 NCAC 08 .0807             VENUE OF HEARING

11 NCAC 08 .0808             POWERS OF HEARING OFFICER: HEARING

COMMITTEE: CHAIRMAN

11 NCAC 08 .0809             ACTIONS PRIOR TO HEARING

11 NCAC 08 .0810             CONDUCT OF HEARING

11 NCAC 08 .0811             RULES OF EVIDENCE

11 NCAC 08 .0812             DISPOSITION OF CASE BY STIPULATION:

ETC: OF PARTIES

11 NCAC 08 .0813             PROPOSAL FOR DECISION

11 NCAC 08 .0814             OFFICIAL RECORD

 

History Note:        Authority G.S. 150A‑23(e); 150A‑24;

150A‑25; 150A‑25(b); 150A‑26;

150A‑27; 150A‑28(a); 150A‑28(b); 150A‑29;

150A‑30; 150A‑31(a); 150A‑31(b);

150A‑33; 150A‑34; 150A‑37; 150A‑37(b);

Eff. January 15, 1980;

Repealed Eff. September 1, 1991.

 

 

 

11 NCAC 08 .0815             FINAL BOARD ORDER

(a)  If after the close of a contested case hearing the

Board decides that an official's conduct does not justify the suspension or

revocation of his certificate but that his conduct does fail to conform to the

standards of good code enforcement practice, the Board may issue a letter of

reprimand or a letter of caution to the official in which the Board may

summarize those deficiencies and make appropriate recommendations.

(b)  If a final board order is to suspend, revoke, or refuse

to issue a certificate, the order shall set forth the conditions, if any, that

must be met in order to remove the suspension, to re‑issue the

certificate, or to issue the certificate.

 

History Note:        Filed as a Temporary Amendment Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17(c);

150B‑38(h);

Eff. January 15, 1980;

Amended Eff. October 1, 1991.

 

11 NCAC 08 .0816             JUDICIAL REVIEW

11 NCAC 08 .0817             APPEALS FROM ADMINISTRATIVE

DECISIONS

11 NCAC 08 .0818             PROHIBITION AGAINST EX PARTE

COMMUNICATIONS

 

History Note:        Authority G.S. 143‑151.12; 150A,

Article 3; 150A, Article 4; 150A‑35;

Eff. January 15, 1980;

Repealed Eff. September 1, 1991.

 

 

 

11 NCAC 08 .0819             GENERAL

Governed by the principles of fairness, uniformity, and

punctuality, the following general rules apply:

(1)           The Rules of Civil Procedure as contained in G.S.

1A‑1, the General Rules of Practice for the Superior and District Courts

as authorized by G.S. 7A‑34 and found in the Rules Volume of the North

Carolina General Statutes apply in contested cases before the Board unless

another specific statute or rule of the Board provides otherwise.

(2)           The Board may supply, at the cost of reproduction,

forms for use in contested cases.

(3)           Every document filed with the hearing officer or

the Board shall be signed by the author of the document, and shall contain his

name, address, telephone number, and North Carolina State Bar number if the author

is an attorney.  An original and one copy of each document shall be filed.

(4)           Except as otherwise provided by statute, the rules

contained in this Section govern the conduct of contested case hearings under

G.S. 143‑151.17.

(5)           The content and the manner of service of the notice

of hearing shall be as specified in G.S. 150B‑38(b) and (c).

(6)           Venue in a contested case shall be determined in

accordance with G.S. 150B‑38(e).

(7)           Hearings shall be conducted, as nearly as

practical, in accordance with the practice in the Trial Division of the General

Court of Justice.

(8)           Ex parte communications in a contested case are

governed by G.S. 150B‑40(d).

(9)           This Section and copies of all matter adopted by

reference herein are available from the Board at the cost established in 11

NCAC 1 .0103.

(10)         The rules of statutory construction contained in

Chapter 12 of the General Statutes apply in the construction of this Section.

(11)         Unless otherwise provided in the rules of the Board

or in a specific statute, time computations in contested cases before the Board

are governed by G.S. 1A‑1, Rule 6.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0820             DEFINITIONS

The definitions contained in G.S. 150B‑2, including

subsequent amendments, are incorporated herein by reference.  In addition to

the definitions in 11 NCAC 8 .0801(a), the following definitions apply to this

Section:

(1)           "File or filing" means to place the paper

or item to be filed into the care and custody of the hearing officer, and

acceptance thereof by him, except that the Board may permit the papers to be

filed with the Board, in which event the Board shall note thereon the filing

date.  All documents filed with the hearing officer or the Board, except

exhibits, shall be duplicate in letter size 8" by 11".

(2)           "Hearing officer" means the presiding

officer specified in 11 NCAC 8 .0805.

(3)           "Party" means the Board, the official, or

an intervenor who qualifies under 11 NCAC 8 .0831.  "Party" does not

include a complainant unless the complainant is allowed to intervene under 11

NCAC 8 .0831.

(4)           "Service or serve" means personal

delivery or, unless otherwise provided by law or rule, delivery by first class

United States Postal Service mail or a licensed overnight express mail service,

addressed to the person to be served at his or her last known address.  A

Certificate of Service by the person making the service shall be appended to

every document requiring service under these Rules.  Service by mail or

licensed overnight express mail is complete upon addressing, enveloping, and

placing the item to be served, in an official depository of the United State

Postal Service or delivering the item to an agent of an overnight express mail

service.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0821             ORDER FOR PREHEARING STATEMENTS

The hearing officer may serve all parties with an order for

prehearing statements together with, or after service of, the notice of

hearing.  Every party thus served shall, within 30 days after service, file the

requested statements setting out the party's present position on the following:

(1)           The nature of the proceeding and the issues to be

resolved;

(2)           A brief statement of the facts and reasons

supporting the party's position on each matter in dispute;

(3)           A list of proposed witnesses with a brief

description of his or her proposed testimony;

(4)           A description of what discovery, if any, the party

will seek to conduct prior to the contested case hearing and an estimate of the

time needed to complete discovery;

(5)           Venue considerations;

(6)           Estimation of length of the hearing;

(7)           The name, address, and telephone number of the

party's attorney, if any; and

(8)           Other special matters.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0822             DUTIES OF THE HEARING OFFICER

In conjunction with the powers in this Section and in G.S.

143‑151.17, the hearing officer shall perform the following duties,

consistent with law:

(1)           Hear and rule on motions;

(2)           Grant or deny continuances;

(3)           Issue orders regarding prehearing matters,

including directing the appearance of the parties at a prehearing conference;

(4)           Examine witnesses when deemed to be necessary to

make a complete record and to aid in the full development of material facts in

the case;

(5)           Make preliminary, interlocutory, or other orders as

deemed to be appropriate;

(6)           Recommended a summary disposition of the case or

any part thereof when there is no genuine issue as to any material fact or

recommend dismissal when the case or any part thereof has become moot or for

other reasons; and

(7)           Apply sanctions in accordance with 11 NCAC 8 .0829.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0823             CONSENT ORDER; SETTLEMENT;

STIPULATION

Informal disposition may be made of a contested case or an

issue in a contested case by stipulation, agreement, or consent order at any

time during the proceedings.  Parties may enter into such agreements on their

own or may ask for a settlement conference with the hearing officer to promote

consensual disposition of the case.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0824             SETTLEMENT CONFERENCE

(a)  A settlement conference is for the primary purpose of

assisting the parties in resolving disputes and for the secondary purpose of

narrowing the issues and preparing for hearing.

(b)  Upon the request of any party, the hearing officer

shall assign the case to another Board member for the purpose of conducting a

settlement conference.  Unless the parties and the other Board member agree, a

unilateral request for a settlement conference does not constitute good cause

for a continuance.  The conference shall be conducted at a time and place

agreeable to all parties and the hearing officer.  It shall be conducted by

telephone if any party would be required to travel more than 50 miles to

attend, unless that party agrees to travel to the location set for the

conference.  If a telephone conference is scheduled, the parties must be

available by telephone at the time of the conference.

(c)  All parties shall attend or be represented at a

settlement conference.  Parties or their representatives shall be prepared to

participate in settlement discussions.

(d)  The parties shall discuss the possibility of settlement

before a settlement conference if they believe that a reasonable basis for

settlement exists.

(e)  At the settlement conference, the parties shall be

prepared to provide information and to discuss all matters required in 11 NCAC

8 .0821.

(f)  If, following a settlement conference, a settlement has

not been reached but the parties have reached an agreement on any facts or

other issues, the Board member presiding over the settlement conference shall

issue an order confirming and approving, if necessary, those matters agreed

upon.  The order is binding on the hearing officer who is assigned to hear the

case.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0825             PREHEARING CONFERENCE

(a)  The purpose of the prehearing conference is to simplify

the issues to be determined; to obtain stipulations in regard to foundations

for testimony or exhibits; to obtain stipulations of agreement on nondisputed facts

or the application of particular laws; to consider the proposed witnesses for

each party; to identify and exchange documentary evidence intended to be

introduced at the hearing; to determine deadlines for the completion of any

discovery; to establish hearing dates and locations if not previously set; to

consider such other matters that may be necessary or advisable; and, if

possible, to reach a settlement without the necessity for further hearing.  Any

final settlement shall be set forth in a settlement agreement or consent order

and made a part of the record.

(b)  Upon the request of any party or upon the hearing

officer's own motion, the hearing officer may hold a prehearing conference

before a contested case hearing.  The hearing officer may require the parties

to file prehearing statements in accordance with 11 NCAC 8 .0821.  A prehearing

conference on the simplification of issues, amendments, stipulations, or other

matters may be entered on the record or may be made the subject of an order by

the hearing officer.  Venue for purposes of a prehearing conference shall be

determined in accordance with G.S. 150B‑38(e).

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0826             CONSOLIDATION OF CASES

(a)  The hearing officer may order a joint hearing of any

matters at issue in contested cases involving common questions of law or fact

or multiple proceedings involving the same or related parties, or may order the

cases consolidated or make other orders to reduce costs or delay in the

proceedings.

(b)  A party requesting consolidation shall serve a petition

for consolidation on all parties to the cases to be consolidated and shall file

the original with the hearing officer, together with a certificate of service

showing service on all parties as herein required.  Any party objecting to the

petition shall serve and file his objections within 10 days after service of

the petition for consolidation.

(c)  Upon determining whether cases should be consolidated,

the hearing officer shall serve a written order on all parties that contains a

description of the cases for consolidation and the reasons for the decision.

(d)  Nothing contained in this Rule prohibits the parties from

stipulating and agreeing to a consolidation, which shall be granted upon

submittal of a written stipulation, signed by every party, to the hearing

officer.

(e)  Following receipt of a notice of or order for

consolidation, any party may petition for severance by serving it on all other

parties and filing with the hearing officer at least seven days before the

first scheduled hearing date.  If the hearing officer finds that the

consolidation will prejudice any party, he shall order the severance or other relief

that will prevent the prejudice from occurring.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0827             DISCOVERY

(a)  Discovery methods are means designed to assist parties

in preparing to meet their responsibilities and protect their rights during

hearings without unduly delaying, burdening or complicating the hearings

process and with due regard to the rights and responsibilities of other parties

and persons affected.  Accordingly, parties are obligated to exhaust all less

formal opportunities to obtain discoverable material before utilizing this

Rule.

(b)  Any means of discovery available pursuant to the North

Carolina Rules of Civil Procedure, G.S. 1A‑1, is allowed.  If the party

from whom discovery is sought objects to the discovery, the party seeking the

discovery may file a motion with the hearing officer to obtain an order

compelling discovery.  In the disposition of the motion, the party seeking

discovery shall have the burden of showing that the discovery is needed for the

proper presentation of the party's case, is not for purposes of delay, and that

the issues in controversy are significant enough to warrant the discovery.  In

ruling on a motion for discovery, the hearing officer shall recognize all

privileges recognized at law.

(c)  When a party serves another party with a request for

discovery, that request need not be filed with the hearing officer but shall be

served upon all parties.

(d)  The parties shall immediately commence to exchange

information voluntarily, to seek access as provided by law to public documents,

and to exhaust other informal means of obtaining discoverable material.

(e)  All discovery shall be completed no later than the

first day of the hearing.  The hearing officer may shorten or lengthen the

period for discovery and adjust hearing dates accordingly and, when necessary,

allow discovery during the pendency of the hearing.

(f)  No later than 15 days after receipt of a notice

requesting discovery, the receiving party shall:

(1)           move for relief from the request;

(2)           provide the requested information, material

or access; or

(3)           offer a schedule for reasonable compliance

with the request.

(g)  Sanctions for failure of a party to comply with an

order of the hearing officer made pursuant to this Rule shall be as provided

for by G.S. 1A‑1, Rule 37, to the extent that a hearing officer may

impose such sanctions, and 11 NCAC 8 .0829.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0828             SUBPOENAS

(a)  Subpoenas for the attendance and testimony of witnesses

or for the production of documents, either at a hearing or for the purposes of

discovery, shall be issued in accordance with G.S. 150B‑39(c) and G.S. 1A‑1

Rule 45.

(b)  A subpoena shall be served in the manner provided by

G.S. 150B‑39(c) and G.S. 1A‑1, Rule 45.  The cost of service, fees,

and expenses of any witnesses subpoenaed shall be paid by the party at whose

request the witness appears.  A party seeking an order imposing sanctions for

failure to comply with any subpoena issued under this Rule must prove proper

service of the subpoena.

(c)  Objections to subpoenas shall be heard in accordance

with G.S. 150B‑39(c) and G.S. 1A‑1, Rule 45.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0829             SANCTIONS

(a)  If a party fails to appear at a hearing or fails to

comply with an interlocutory order of the hearing officer, the hearing officer

may:

(1)           Find that the allegations of or the issues

set out in the notice of hearing or other pleading may be taken as true or

deemed to be proved without further evidence;

(2)           Dismiss or grant the motion or petition;

(3)           Suppress a claim or defense; or

(4)           Exclude evidence.

(b)  In the event that any party, attorney at law, or other

representative of a party engages in behavior that obstructs the orderly

conduct of proceedings or would constitute contempt if done in the General

Court of Justice, the hearing officer may enter a show cause order returnable

in Superior Court for contempt proceedings in accordance with G.S. 150B‑40(c)(6).

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0830             MOTIONS

(a)  Any application to the hearing officer for an order

shall be by motion, which shall be in writing unless made during a hearing, and

must be filed and served upon all parties not less than 10 days before the

hearing, if any, is to be held either on the motion or the merits of the case. 

The nonmoving party has 10 days after the date of service of the motion to file

a response, which must be in writing.  Motions practice in contested cases

before the Board are governed by Rule 6 of the General Rules of Practice for

the Superior and District Court.

(b)  If any party desires a hearing on the motion, he shall

make a request for a hearing at the time of the filing of his motion or

response.  A response shall set forth the nonmoving party's objections.  All

motions in writing shall be decided without oral argument unless an oral

argument is directed by the hearing officer.  When oral argument is directed by

the hearing officer, a motion shall be considered submitted for disposition at

the close of the argument.  A hearing on a motion will be directed by the

hearing officer only if it is determined that a hearing is necessary to the

development of a full and complete record on which a proper decision can be

made.  All orders on such motions, other than those made during the course of a

hearing, shall be in writing and shall be served upon all parties of record not

less than five days before a hearing, if any, is held.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0831             INTERVENTION

(a)  Any person not named in the notice of hearing who

desires to intervene in a contested case as a party shall file a timely motion

to intervene and shall serve the motion upon all existing parties.  Timeliness

will be determined by the hearing officer in each case based on circumstances

at the time of filing.  The motion shall show how the movant's rights, duties,

or privileges may be determined or affected by the contested case; shall show

how the movant may be directly affected by the outcome or show that the

movant's participation is authorized by statute, rule, or court decision; shall

set forth the grounds and purposes for which intervention is sought; and shall

indicate movant's statutory right to intervene if one exists.

(b)  Any party may object to the motion for intervention by

filing a written notice of objections with the hearing officer within five days

after service of the motion if there is sufficient time before the hearing. 

The notice of objection shall state the party's reasons for objection and shall

be served upon all parties.  If there is insufficient time before the hearing

for a written objection, the objection may be made at the hearing.

(c)  When the hearing officer deems it to be necessary to

develop a full record on the question of intervention, he may conduct a hearing

on the motion to determine specific standards that will apply to each

intervenor and to define the extent of allowed intervention.

(d)  The hearing officer shall allow intervention upon a

proper showing under this Rule, unless he finds that the movant's interest is

adequately represented by one or more parties participating in the case or

unless intervention is mandated by statute, rule, or court decision.  An order

allowing intervention shall specify the extent of participation permitted the

intervenor and shall state the hearing officer's reason.  An intervenor may be

allowed to:

(1)           File a written brief without acquiring the

status of a party;

(2)           Intervene as a party with all the rights of

a party; or

(3)           Intervene as a party with all the rights of

a party but limited to specific issues and to the means necessary to present

and develop those issues.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0832             CONTINUANCES

(a)  A request for a continuance of a hearing shall be

granted upon a showing of good cause.  Unless time does not permit, a request

for a continuance of a hearing shall be made in writing to the hearing officer

and shall be served upon all parties of record.  In determining whether good

cause exists, due regard shall be given to the ability of the party requesting

a continuance to proceed effectively without a continuance.  A request for a

continuance filed within five days before a hearing shall be denied unless the

reason for the request could not have been ascertained earlier.

(b)  "Good cause" includes death or incapacitating

illness of a party, representative, or attorney of a party; a court order

requiring a continuance; lack of proper notice of the hearing; a substitution

of the representative or attorney of a party if the substitution is shown to be

required; a change in the parties or pleadings requiring postponement; and

agreement for a continuance by all parties if either more time is clearly

necessary to complete mandatory preparation for the case, such as authorized

discovery, and the parties and the hearing officer have agreed to a new hearing

date or the parties have agreed to a settlement of the case that had been or is

likely to be approved by the final decision maker.

(c)  "Good cause" does not include:  intentional

delay; unavailability of counsel or other representative because of engagement

in another judicial or administrative proceeding unless all other members of

the attorney's or representative's firm familiar with the case are similarly

engaged, or if the notice of the other proceeding was received subsequent to

the notice of the hearing for which the continuance is sought; unavailability

of a witness if the witness' testimony can be taken by deposition; or failure

of the attorney or representative to properly utilize the statutory notice

period to prepare for the hearing.

(d)  During a hearing, if it appears in the interest of

justice that further testimony should be received and sufficient time does not

remain to conclude the testimony, the hearing officer shall either order the

additional testimony taken by deposition or continue the hearing to a future

date for which oral notice on the record is sufficient.

(e)  A continuance shall not be granted if granting it would

prevent the case from being concluded within any statutory or regulatory

deadline.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0833             RIGHTS AND RESPONSIBILITIES OF

PARTIES

(a)  A party has the right to present evidence, rebuttal

testimony, and argument with respect to the issues of law and policy, and to

cross‑examine witnesses, including the author of a document prepared by,

on behalf of, or for use of the Board and offered in evidence.

(b)  A party shall have all evidence to be presented, both

oral and written, available on the date for hearing.  Requests for subpoenas,

depositions, or continuances shall be made within a reasonable time after their

needs become evident to the requesting party.  In cases when the hearing time

is expected to exceed one day, the parties shall be prepared to present their

evidence at the date and time ordered by the hearing officer or agreed upon at

a prehearing conference.

(c)  The hearing officer shall send copies of all orders or

decisions to all parties simultaneously.  Any party sending a letter, exhibit,

brief, memorandum, or other document to the hearing officer shall simultaneously

send a copy to all other parties.

(d)  All parties have the continuing responsibility to

notify the hearing officer of their current address and telephone number.

(e)  A party need not be represented by an attorney.  If a

party has notified other parties of that party's representation by an attorney,

all communications shall be directed to that attorney.

(f)  With the approval of the hearing officer, any person

may offer testimony or other evidence relevant to the case.  Any nonparty

offering testimony or other evidence may be questioned by parties to the case

and by the hearing officer.

(g)  Before issuing a recommended decision, the hearing

officer may order any party to submit proposed findings of fact and written

arguments.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0834             WITNESSES

Any party may be a witness and may present witnesses on the

party's behalf at the hearing.  All oral testimony at the hearing shall be

under oath or affirmation and shall be recorded.  At the request of a party or

upon the hearing officer's own motion, the hearing officer may exclude

witnesses from the hearing room so that they cannot hear the testimony of other

witnesses.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0835             EVIDENCE

(a)  The North Carolina Rules of Evidence as found in

Chapter 8C of the General Statutes govern in all contested case proceedings,

except as provided otherwise in this Section and G.S. 150B‑41.

(b)  The hearing officer may admit all evidence that has

probative value.  Irrelevant, incompetent, immaterial, or unduly repetitious

evidence shall be excluded.  The hearing officer may, in his discretion,

exclude any evidence if its probative value is substantially outweighed by the

risk that its admission will require undue consumption of time or create

substantial danger of undue prejudice or confusion.

(c)  Contemporaneous objections by a party or a party's

attorney are not required in the course of a hearing to preserve the right to

object to the consideration of evidence by the hearing officer in reaching a

decision or by the court upon judicial review.

(d)  All evidence to be considered in the case, including

all records and documents or true and accurate photocopies thereof, shall be

offered and made a part of the record in the case.  Except as provided in

Paragraph (f) of this Rule, factual information or evidence that is not offered

shall not be considered in the determination of the case.  Documentary evidence

incorporated by reference may be admitted only if the materials so incorporated

are available for examination by the parties.

(e)  Documentary evidence in the form of copies or excerpts

may be received in the discretion of the hearing officer or upon agreement of

the parties.  Copies of a document shall be received to the same extent as the

original document unless a genuine question is raised about the accuracy or

authenticity of the copy or, under the circumstances, it would be unfair to

admit the copy instead of the original.

(f)  The hearing officer may take notice of judicially

cognizable facts by entering a statement of the noticed fact and its source

into the record.  Upon a timely request, any party shall be given the

opportunity to contest the facts so noticed through submission of evidence and

argument.

(g)  A party may call an adverse party; or an officer,

director, managing agent, or employee of the State or any local government, of

a public or private corporation, or of a partnership or association or body

politic that is an adverse party; and may interrogate that party by leading

questions and may contradict and impeach that party on material matters in all

respects as if that party had been called by the adverse party.  The adverse

party may be examined by that party's counsel upon the subject matter of that

party's examination in chief under the rules applicable to direct examination,

and may be cross‑examined, contradicted, and impeached by any other party

adversely affected by the testimony.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

11 NCAC 08 .0836             OFFICIAL RECORD

(a)  The official record of a contested case is available

for public inspection upon reasonable request.  The hearing officer may, upon

good cause shown and consistent with law, order part or all of an official

record sealed.

(b)  The official record shall be prepared in accordance

with G.S. 150B‑42.

(c)  Contested case hearings shall be recorded either by a

recording system or a professional court reporter using stenomask or stenotype.

(d)  Transcript costs incurred by the Board shall be

apportioned equally among the party(ies) requesting a transcript.

(e)  Any other costs incurred by the Board when using a

professional court reporter shall be apportioned equally among the requesting

party(ies).

(f)  A 24‑hour cancellation notice is required in all

cases.  The party(ies) responsible for the cancellation shall be liable for any

cancellation fees.

(g)  Transcripts of proceedings during which oral evidence

is presented will be made only upon request of a party.  Transcript costs shall

include the cost of an original for the Board.  An attorney requesting a

transcript on behalf of a party is a guarantor of payment of the cost.  Cost

shall be determined under supervision of the hearing officer who, in cases

deemed to be appropriate by him, may require an advance security deposit to

cover the prospective cost.  The security deposit shall be applied to the

actual cost and any excess shall be returned to the party that submitted it.

(h)  Copies of tapes are available upon written request at a

cost of five dollars ($5.00) per tape.

(i)  Copies of Board hearings tapes or Non‑Board

certified transcripts therefrom are not part of the official record.

Note:  Rule 5.3(B) of the Rules of Professional Conduct

permits an attorney to advance or guarantee expenses of litigation provided the

client remains ultimately liable for such expenses.

 

History Note:        Filed as a Temporary Adoption Eff. March

3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Authority G.S. 143‑151.12(1); 143‑151.17;

150B‑38(h);

Eff. June 1, 1992.

 

SECTION .0900 ‑ MANUFACTURED HOUSING BOARD

 

11 NCAC 08 .0901             MANUFACTURED HOUSING BOARD

The North Carolina Manufactured Housing Board is established

to provide for a comprehensive framework for regulation of all segments of the

manufactured housing industry.  The Commissioner of Insurance or his designee

shall serve as chairman of a nine member board representing the industry and

the public.

 

History Note:        Authority G.S. 143‑143.8; 143‑143.10;

Eff. January 1, 1983;

Amended Eff. April 1, 1989.

 

 

 

11 NCAC 08 .0902             ADDRESS

The mailing address for the North Carolina Manufactured

Housing Board is: North Carolina Manufactured Housing Board, c/o North Carolina

Department of Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202.

 

History Note:        Authority G.S. 143‑143.8; 143‑143.10;

143‑143.17;

Eff. January 1, 1983;

Amended Eff. June 1, 2005; April 1, 1989.

 

11 NCAC 08 .0903             RULE‑MAKING AND HEARING

PROCEDURES

(a)  Unless otherwise provided for in the North Carolina

General Statutes, rulemaking and contested case hearing procedures shall be

those set forth in G.S. 150B.

(b)  Copies of Standards adopted by the Manufactured Housing

Board or the Commissioner of Insurance may be obtained by writing or calling:

North Carolina

Manufactured Housing Board

Engineering Division

1202 Mail Service Center

Raleigh, North Carolina  27699-1202

Phone (919) 661-5880

The Engineering Division is located at:

322 Chapanoke Road,

Suite 200

Raleigh, North Carolina  27603.

 

History Note:        Legislative Objection Lodged Eff.

December 22, 1982;

Authority G.S. 143-143.10; 143-143.11; 143-143.11B;

143-143.12; 143-143.14; 143-143.19;

Eff. January 1, 1983;

Amended Eff. March 1, 1988 at ARRC request to cure

referenced Legislative Objection;

Amended Eff. June 1, 2005.

 

11 NCAC 08 .0904             FORMS

(a)  The application for license as a manufactured housing

manufacturer, dealer, and set‑up contractor shall include the following:

(1)           The name of the person or business

applicant;

(2)           The business address of applicant;

(3)           The state under whose laws the applicant

firm or corporation is organized or incorporated;

(4)           A resume' of each owner, partner, or

officer of the corporation.  Each resume' shall include education and a

complete job history, as well as a listing of residences for the last seven

years.

(5)           Type of license applied for;

(6)           Signature of the person with authority to

legally obligate the applicant;

(7)           A statement that the appropriate bond is

attached; and

(8)           A criminal history record check consent

form signed by each owner, partner and officer of the corporation, and any

other documentation or materials required by G.S. 143-143.10A.

(b)  The application for license as a manufactured housing

salesperson shall include the following:

(1)           The name of the applicant;

(2)           The applicant's address;

(3)           The name and business address of the dealer

employing the applicant;

(4)           The name and address of previous employers

of applicant for the past three years;

(5)           Three personal references;

(6)           A wallet size photograph; and

(7)           A criminal history record check consent

form signed by each applicant, and any other documentation or materials

required by G.S. 143-143.10A.

(c)  Corporate surety bonds shall include the name of the

applicant, the name of the surety, the amount of the bond, and the terms of

cancellation specified in 11 NCAC 08 .0905.

(d)  All license forms shall include the name and address of

the licensee, the type of license being issued, the date of issuance, the date

of expiration, the amount of the license fee, and the terms of the license.

(e)  All applications for renewal of licenses shall include

the name and address of the applicant, the type of license, the date the

license expires, the amount of the license renewal fee, and instructions for

completion.

(f)  A request for cancellation of license shall include the

name and address of the licensee, the effective date of the cancellation, the

specific reason for the cancellation, and the signature of the person with

authority to legally obligate the licensee.

(g)  Each application form and criminal history record check

form required by Paragraphs (a) and (b) of this Rule may be obtained from the

North Carolina Manufactured Housing Board, c/o North Carolina Department of

Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202.

 

History Note:        Authority G.S. 143-143.10; 143-143.10A;

143-143.11; 143-143.12;

Eff. January 1, 1983;

Amended Eff. February 1, 2006; March 1, 1988.

 

11 NCAC 08 .0905             LICENSING

(a)  Any person employed by a dealer whose occupational

activity is that of selling on behalf of the retail dealership shall be

licensed as a salesperson.  Each salesperson's license shall be conspicuously

displayed at all times by the dealership employing the salesperson.

(b)  The following shall not be required to be licensed as a

manufactured housing dealer:

(1)           Receivers, trustees, administrators,

executors, guardians or other persons appointed by or acting under the judgment

or order of any court;

(2)           Public officials while performing their

official duties;

(3)           Persons disposing of manufactured homes

acquired for their own use, provided that said home is not used for the purpose

of avoiding the provisions of G.S. 143‑143.11;

(4)           Licensed real estate salesmen or brokers

who negotiate or sell a manufactured home for any individual who is the owner

of not more than three manufactured homes;

(5)           Banks and finance companies who sell

repossessed manufactured homes who do not maintain a sales lot or building with

one or more employed retail salespersons.

(c)  Licenses shall be issued by the Board whenever the

application is in compliance with the applicable laws and regulations.  Such

license shall entitle the licensee to conduct the specified business for a

period of one year from date of issuance or the first day of July, whichever is

earlier.  The Board may, if it deems necessary, cause an investigation to be

made to ascertain if all the requirements set forth in the application are true

and shall not issue a license to the applicant until it is satisfied as to the

accuracy of the application.

(d)  Manufactured housing manufacturers, dealers, and set‑up

contractors shall conspicuously display their licenses at all times at their

place of business.

(e)  Whenever a bond is required by G.S. 143‑143.12,

before any license shall be issued by the Board, the applicant shall deliver to

the Board a corporate surety bond, cash bond or fixed value equivalent.  The

bond shall be to the Board and in favor of any person who shall suffer any loss

as a result of any violation of the law or administrative rules governing

manufactured housing.  The bond shall be for the license period and a new bond

or proper continuation certificate shall be delivered to the Board at the

beginning of each license period.  The bond for one type of license may not be

considered as the bond for another type of license.

(f)  License fees are as follows:

(1)           three hundred dollars($300.00) per

Certificate of Origin plant for manufactured housing manufacturers;

(2)           two hundred fifty dollars ($250.00) per

county of operation for manufactured housing dealers;

(3)           one hundred dollars ($100.00) per county

for supplemental manufactured housing dealer locations;

(4)           twenty‑five dollars ($25.00) for

retail manufactured housing salesperson; and

(5)           two hundred fifty dollars ($250.00) per

business location for set‑up contractors.

 

History Note:        Legislative Objection Lodged Eff.

December 22, 1982;

Authority G.S. 143‑143.10; 143‑143.11;

Eff. January 1, 1983;

Amended Eff. January 4, 1994; June 1, 1990; April 1,

1990; April 1, 1989.

 

 

 

11 NCAC 08 .0906             DUTIES AND RESPONSIBILITIES OF BOARD

(a)  The Board shall be required to keep minutes and records

of all its transactions, proceedings and meetings, and duly certified copies

thereof shall be sufficient to comply with the rules of evidence.

(b)  The Board may investigate on its own initiative or upon

receipt of inquiries or complaints (See 11 NCAC 8 .0910) any allegation of a

wrongful act or acts involving manufactured housing manufacturers, suppliers,

dealers, salesmen, or set‑up contractors.  Violation of the laws or

administrative rules governing the manufactured housing industry shall be

grounds for revocation or suspension of licenses issued by the Board or for the

civil penalties prescribed by G.S. 143‑143.13.

 

History Note:        Legislative Objection Lodged Eff.

December 22, 1982;

Authority G.S. 143‑143.10; 143‑143.13; 143‑143.14;

143‑143.17; 143‑143.18 143‑143.22;

Eff. January 1, 1983;

Amended Eff. March 1, 1988 at ARRC request to cure

referenced Legislative Objection.

 

11 NCAC 08 .0907             UNFAIR COMPETITION AND DECEPTIVE

PRACTICES

Unfair methods of competition or unfair or deceptive

commercial acts or practices shall include, but not be limited to:

(1)           Failure to perform repairs, alterations and/or

additions completely or in a workmanlike and competent manner.

(2)           Repeated failure to give timely notice of inability

to appear for a scheduled repair.

(3)           Representing used manufactured homes, appliances,

or fixtures as new or failure to identify used appliances, fixtures and/or

equipment in new manufactured homes.

(4)           Repeated failure to respond promptly to consumer

complaints and inquiries.

(5)           Failure to give clear and conspicuous notice that

the wheels, axles, and/or tongue are not included in the sales price, when such

is the case.  An example of clear and conspicuous notice is a sticker or

printed notice in bold face type stating "The purchase price does not

include the wheels, axles, and tongue of this manufactured home."

(6)           Failure to give clear and conspicuous notice of the

significance of leveling a manufactured home and when releveling becomes the

customer's responsibility.  An example of clear and conspicuous notice is a

sticker or printed notice in bold face type stating "Proper set‑up,

leveling and anchoring of your manufactured home is necessary in order to

assure proper functioning and safe operation of your manufactured home."

(7)           Misrepresenting the model year or size of a

manufactured home.  Size shall be calculated as follows:

(a)           length means the distance from the exterior

of the front wall (nearest to the drawbar and coupling mechanism) to the

exterior of the rear wall (at the opposite end of the home) where such walls

enclose living or other interior space, but not bay windows, porches, drawbars,

couplings, hitches, wall and roof extensions, or other attachments;

(b)           width means the distance from the exterior

of one side wall to the exterior of the opposite side wall where such walls

enclose living or other interior space, but not bay windows, porches, wall and

roof extensions, or other attachments;

(c)           measurements may be represented to the

nearest foot.

 

History Note:        Legislative Objection Lodged Eff.

December 22, 1982;

Authority G.S. 143‑143.10; 143‑143.13;

Eff. January 1, 1983;

Amended Eff. March 1, 1988 at ARRC request to cure

referenced Legislative Objection.

 

 

 

11 NCAC 08 .0908             SUSPENSION OF IMMINENT SAFETY HAZARD

PERIOD

(a)  Suspension of the five day period to remedy imminent

safety hazards in the event of widespread defects or damages resulting from

adverse weather conditions or other natural catastrophes authorized by G.S. 143‑143.18

may be ordered by the Board in emergency meeting or telephone conference by a

quorum of the Board.

(b)  Such suspension order shall be in writing and shall

specify an expiration date for the suspension.

 

History Note:        Authority G.S. 143‑143.18;

Eff. January 1, 1983.

 

 

 

11 NCAC 08 .0909             MAINTENANCE OF RECORDS

(a)  Every manufactured housing manufacturer, supplier,

dealer, and set‑up contractor shall maintain for at least five years all

service records.

(b)  Every manufactured housing manufacturer, supplier,

dealer, or set‑up contractor shall maintain a record of all written

complaints listing the name and address of the complainant, the nature of the

complaint, and the disposition of the complaint.  This record shall be retained

for at least five years.

(c)  Nothing in this Rule shall be construed to prohibit use

of electronic or photographic processes to store such records.

 

History Note:        Authority G.S. 143‑143.10 through

143‑143.13; 143‑143.17; 143‑143.18

143‑143.22;

Eff. January 1, 1983.

 

 

 

11 NCAC 08 .0910             COMPLAINT HANDLING AND INSPECTION

PROCEDURE

(a)  Complaints received by telephone shall be confirmed in

writing over the signature of the owner or his or her agent; however, this

shall not delay any action to resolve the complaint.  Complaints shall be

processed as follows:

(1)           The Manufactured Building Division shall

forward complaints to the manufactured housing manufacturer, dealer, or set‑up

contractor as appropriate.

(2)           If the complaint is not resolved, the

Manufactured Building Division shall schedule an on‑site inspection or

the deputy commissioner shall arrange a conference to discuss the problem. 

Unless otherwise agreed, concerned parties shall be given at least 72 hours

notice, orally, in writing, or electronically, of the time and place of the

inspection or conference and the opportunity to attend the inspection or

conference.

(3)           If the complaint is not resolved, the

deputy commissioner shall refer the complaint to the Board.  The secretary of

the Board may recommend legal action be taken to ensure compliance with the

applicable statutes and rules.  Such action may include the convening of a

public hearing.

(b)  The Manufactured Building Division shall not knowingly

attempt to resolve a complaint which is also the subject matter of a pending

lawsuit filed by the complainant or on the complainant's behalf by the

complainant's attorney unless authorized by the Board, which authorization

shall occur upon mutual assent of all parties to the lawsuit, whether through

the parties themselves or attorneys for the parties. If no lawsuit has been

filed but the complainant has retained an attorney, the Manufactured Building

Division shall, upon request by the complainant or the complainant's attorney,

investigate a complaint, which investigation shall consist of inspecting the

home for violations of the Code, as defined in G.S. 143-143.9, providing a copy

of the inspection report to all the parties, and attempting to resolve the

matter between the parties.

 

History Note:        Authority G.S. 143‑143.10; 143‑143.13;

143‑143.14; 143‑143.17;

Eff. January 1, 1983;

Amended Eff. June 1, 2005.

 

11 NCAC 08 .0911    SALESMAN EXAM; TEMPORARY LICENSE; LICENSE

TRANSFER; FEES

(a)  A salesman's license shall be issued to any applicant

after the Board has approved the applicant's criminal history record check upon

receipt by the Board of a properly executed application, receipt of the

applicant of a passing grade (70 percent of a possible 100 percent) on a

written examination administered by the Board, and qualification of the

applicant for licensure, except as follows:

(1)           Those persons holding a Registered Housing

Specialist certification from the North Carolina Manufactured Housing Institute

on or before June 30, 1992, are exempt from the examination requirement.

(2)           Any salesman who has been tested and

licensed under this Section and whose license has lapsed is not required to be

re‑tested if he re‑applies for licensing within 12 months after the

expiration of the lapsed license.

(b)  A temporary salesman's license shall be issued prior to

the Board's approval of the applicant's criminal history record check for a

period of 90 days to a person upon request of the employing dealer.  The holder

of a valid salesman's or temporary salesman's license may sell manufactured

homes only for the dealer with whom he is employed as shown on the

application.  A temporary salesman's license shall not be renewed.

(c)  A salesman's license is valid only as long as the

person remains employed with the dealer shown on the application.  A salesman

must apply for a new salesman's license if he changes or transfers from one

dealer to another.  In lieu of applying for a new license, the salesman may

transfer his license from one dealership to another upon application from the

new dealer and the salesman and approval of the Board.  When a salesman leaves

employment with a dealer, the dealer shall report this fact to the Board within

10 days thereafter.

(d)  The fee for a salesman's or temporary salesman's

license shall be twenty five dollars ($25.00).  The temporary salesman's

license fee shall apply toward the salesman's license fee if both licenses are

issued in the same license year.  The fee for a salesman's license transfer

application shall be fifteen dollars ($15.00).

(e)  A criminal history record check fee in the amount of

fifty five dollars ($55.00) shall be submitted with each applicant application.

 

History Note:        Authority G.S. 143‑143.10;

143-143.10A; 143‑143.11;

Eff. July 1, 1992;

Amended Eff. February 1, 2006.

 

11 NCAC 08 .0912             SET-UP CONTRACTOR EXAMS

(a)  Definitions.  The definitions contained in G.S.

143-143.9 are incorporated into this Rule by reference. As used in this Rule,

"qualifier" means an individual taking the examination on behalf of

an applicant that is not an individual.

(b)  Examination Required.  Each applicant for a set-up

contractor's license shall pass a written examination administered by the Board

before the Board will issue a license to the applicant. Every applicant shall

pass the examination with a grade of at least 70 percent. An applicant who does

not pass the examination shall be allowed to retake the examination.

(c)  Time and Place of Examinations.  The Board shall

administer examinations in its offices in Raleigh. The Board shall announce the

time and place for each examination at least 10 days before the date of the

examination.

(d)  Application Process.  Each applicant shall complete an

application on a form provided by the Board.  If the applicant is not an

individual, the applicant shall identify on the application any individuals who

will take the examination for the applicant. In order to take an examination on

a particular date, an applicant shall file a completed application no later

than 30 days before the scheduled date of the examination.

(e)  Person Taking Examination.   A qualifier shall be

associated with the applicant, and shall be actively engaged in the work of the

applicant for a minimum of 20 hours per week, or a majority of the hours

operated by the applicant, whichever is less. Each licensee shall notify the

Board in writing within 10 days after any qualifier no longer meets the

preceding requirements. If one qualifier fails, and another passes, the license

shall be granted to that applicant. An individual shall not serve as a

qualifier for more than one license. The applicant may have more than one

individual serve as a qualifier.

(f)  General Requirements.  All applicants scheduled for an

examination shall bring a form of identification with a current picture.  No

visitors shall be allowed in the testing room.

(g)  Special Arrangements for the Disabled.  If an applicant

has a disability which will require special arrangements to take an

examination, the applicant shall request in writing that appropriate special arrangements

be made.   The Board shall make reasonable accommodations for applicants

requesting assistance pursuant to this Rule.

(h)  Cheating and Related Misconduct.  Applicants shall not

cheat or attempt to cheat on an examination by any means, including both giving

and receiving assistance, and shall not communicate in any manner for any

purpose with any person other than staff members for the Board during an

examination.

(i)  Notification of Results.  The examination results shall

be mailed to the applicant at the address on the application form within 30

days after the examination. Passing applicants shall receive only a grade of

"pass."

(j)  Review of Examinations.  Upon the applicant's written

request, made within 30 days after the written notification of the examination

results, an applicant who did not pass the examination shall be allowed to

review his examination.  The review shall be at the Board's offices, at a time

schedule by the Board's staff.  An applicant shall review his examination in the

presence of a staff member of the Board and shall not be accompanied by any

other individual at a review session.  No other individual shall review an

examination on behalf of the applicant. An applicant shall not be permitted to

copy a question or answer contained in the examination report or alter an

examination paper in any way. An applicant who has passed the examination shall

not be permitted to review his examination. If the applicant is not an

individual, the review of the examination shall be made by the applicant's

qualifier.

 

History Note:        Authority G.S. 143-143.10(b)(4);

143-143.11(h);

Eff.  April 1, 1999.

 

SECTION .1000 - N.C. HOME INSPECTOR LICENSURE BOARD

 

11 NCAC 08 .1001             OFFICERS

The term of each officer shall be one year.  Officers shall

serve until a successor is elected and installed.  Officers shall be eligible

for re-election.

 

History Note:        Authority G.S. 143-151.48(a);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1002             MEETINGS

 

History Note:        Authority G.S. 143-151.48(a);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Repealed Eff. March 1, 2010.

 

11 NCAC 08 .1003             PERSONS AND PRACTICES NOT AFFECTED

Registered architects, professional engineers, and licensed

general contractors do not need home inspector licenses to make on site

inspections of residential buildings for which they are preparing plans,

designs, specifications, or estimates for construction, remodeling, or repairs.

 

History Note:        Authority G.S. 143-151.49(a)(13);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1004             EQUIVALENT EXPERIENCE

(a)  The Board shall consider equivalent experience of

applicants who do not meet the experience requirements of G.S. 143-151.51(5)a.

Any one of the following descriptions of experience is considered sufficient to

meet the equivalent experience requirements:

(1)           A bachelor of science degree from any

engineering, architecture or building technology school and two years

experience working in building design, construction, or inspection of building,

electrical, mechanical, and plumbing systems.

(2)           A two year Associate of Applied Science

degree from a community college or technical school in building technology,

civil engineering, electrical engineering, mechanical engineering, or

architecture; and either four years of design experience in building,

electrical, mechanical, and plumbing systems, or four years experience as an

employee who works under the direct supervision of a licensed general

(residential or building) contractor and who supervises electrical, mechanical,

and plumbing subcontractors.

(3)           Six years experience as an employee who

works under the direct supervision of a licensed general contractor

(residential or building) performing building construction and who supervises

electrical, mechanical, and plumbing subcontractors.

(4)           Certification by the North Carolina Code

Officials Qualification Board as a Code Enforcement Official with Standard

Level I (or higher) inspection certification in four areas:  building,

electrical, mechanical, and plumbing.

(5)           Any combination of certification listed in

Paragraph (a)(4) of this Rule and a license as an electrical contractor

(limited or greater) issued by the N.C. Board of Electrical Examiners, or a

license as a heating or cooling contractor (H1, H2, or H3), or a plumbing

contractor issued by the N.C. Board of Examiners of Plumbing, Heating and Fire

Sprinkler Contractors, resulting in either a certificate or a license in four

areas in building, electrical, mechanical, and plumbing contracting or

inspections.

(b)  Applicants may submit other experience in the design,

installation, or inspection of buildings and electrical, mechanical, and

plumbing systems.  The Board's Application Evaluation Committee shall consider

such experience on a case-by-case basis.

(c)  Successful completion of a home inspection course or

training program, approved by the Board, is sufficient to meet the equivalent

experience requirement for licensure. The applicant must provide to the Board

certification from the home inspection course or training program demonstrating

that the applicant has met all requirements of that program, including

attendance, testing, and training as applicable.  The home inspection course or

training program shall consist of at least 120 hours of instruction.  The Board

shall approve a home inspection course or training program if such course or

program provides adequate instruction to teach all skills and knowledge

necessary to be a fully licensed home inspector in this State.  The Board shall

request any documentation or information needed to demonstrate that a home

inspection course or training program meets such requirements.

 

History Note:        Authority G.S. 143-151.49(a)(13);

143-151.51(5)b;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. April 1, 2010.

 

11 NCAC 08 .1005             RECIPROCITY

If an applicant is licensed as a home inspector in another

state that has laws and rules that are similar to G.S. 143, Article 9F and to

the rules of the Board, the Board shall accept that license as evidence of

experience.  However, the applicant shall satisfactorily complete the Board's

written examination and other licensing requirements before the Board shall

issue the applicant a license.

 

History Note:        Authority G.S. 143-151.49(a)(13);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1006             insurance requirements

(a)  To be licensed as a home inspector, an applicant must

meet the requirements set forth in G.S. 143-151.51(b) including general

liability insurance that meets the following requirements:

(1)           The general liability insurance policy must

cover the licensee's activities performed during the course of a home

inspection on the premises of the home inspection; and

(2)           The general liability insurance policy must

include coverage for both property damage and bodily injury coverage.

(b)  The amount of the surety bond required in G.S.

143-151.51(b) shall be at least five thousand dollars ($5,000).  Any surety

bond shall be written by a surety company that is authorized by the

Commissioner of Insurance to do business in this State.

 

History Note:        Authority G.S. 143-151.49(a)(13); 143-151.51;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. October 1, 2011.

 

11 NCAC 08 .1007             EXAMINATION

An applicant must pass an examination administered by the

Board.  The examination shall be administered at least twice each year.  The

applicant must answer 70% of the questions correctly to receive a passing

grade.  The examination shall include questions about the administrative rules

adopted by the Board, G.S. 143, Article 9F inspections of the building

structures and their components, and electrical, mechanical, and plumbing

systems and appliances.

 

History Note:        Authority G.S. 143-151.49(a)(13);

143-151.51(2); 143-151.42(2);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1008             APPLICATIONS FOR LICENSES

Persons may obtain license applications from the Board after

they pay the appropriate fee.  Applicants shall return a completed application

form and any supporting documentation to the Board at least 30 days before the

next scheduled examination.  The Board shall notify applicants of the times,

dates, and locations of  examinations.  If available space is not sufficient

for the number of applicants, additional examinations shall be scheduled.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1009             DISPLAY OF LICENSE

Home inspectors shall display their licenses at their places

of business.  If a home inspector works out of his or her home, the inspector

shall keep the license on file in the home.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1010             APPEALS OF DENIALS

The initial evaluations of license applications shall be

made by the Board's staff.  Any applicant wishing to appeal the staff's

decision to deny his or her application shall  make a written request for a

review to the Board's Application Evaluation Committee.  The applicant shall

request a hearing if aggrieved by any final decision of the Board denying the

application.

 

History Note:        Authority G.S. 143-151.49(a)(13);

143-151.56(b);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1011             FEE SCHEDULE

(a)  The following fees apply to the licensure of home

inspectors:

Application for Home Inspector

License                                                                                        $ 

35.00

Home Inspector Examination                                                                                                          $ 

80.00

Issuance or Renewal of Home

Inspector License                                                                         $160.00

Late Renewal of Home Inspector

License                                                                                     $ 

30.00

Copies of Board Rules and License

Standards                                        Cost of printing and mailing

Unapproved Continuing Education

Course                                                                                   $ 

50.00

(b)  The home inspector initial issuance license fees are

due after successful completion of the examination.  The Board shall not issue

a license until it receives the fee.  The license is valid from the date of issuance

until the following September 30.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

143-151.57;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. October 1, 2014; October 1, 2010; January 1,

2008.

 

11 NCAC 08 .1012             SUSPENSION OF AUTHORITY TO EXPEND

FUNDS

In the event that the Board's authority to expend funds is

suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and

renew licenses.  All fees tendered shall be placed in an escrow account

maintained by the Board for this purpose.  Once the Board's authority is

restored, the funds shall be moved from the escrow account into the general

operating account.

 

History Note:        Authority G.S. 93B-2(d);

Eff. April 1, 2013.

 

11 NCAC 08 .1013             reserved for future codification

11 NCAC 08 .1014             reserved for future codification

11 NCAC 08 .1015             reserved for future codification

11 NCAC 08 .1016             reserved for future codification

11 NCAC 08 .1017             reserved for future codification

11 NCAC 08 .1018             reserved for future codification

11 NCAC 08 .1019             reserved for future codification

11 NCAC 08 .1020             DEFINITIONS

(a)  As used in Rules .1020 through .1028 of this Section:

(1)           "Course Sponsor" means a person

approved by the Board to conduct home inspection prelicensing courses.

(2)           "Credit hour" means one

continuing education course hour, comprising at least 50 minutes of

instruction.

(3)           "License period" means October 1

through the following September 30.

(4)           "Licensee" means a home inspector

licensed by the Board under G.S. 143, Article 9F.

(5)           "Person" means an individual,

partnership, firm, association, corporation, joint-stock company, trust, any

similar entity, or any combination of the foregoing acting in concert.

(b)  The definitions contained in G.S. 143-151.45 apply to

this Section.

 

History Note:        Authority G.S. 143-151.45; 143-151.49;

143-151.51;

Eff. October 1, 2011;

Amended Eff. October 1, 2014.

 

11 NCAC 08 .1021             PROGRAM STRUCTURING AND ADMISSION

REQUIREMENTS

The home inspection prelicensing education program shall

consist of a minimum total of 200 hours consisting of classroom and field

training as follows:

(1)           Academic education consisting of at least 120 hours

classroom instruction; and

(2)           Training consisting of at least 80 hours of field

instruction with at least 10 site visits.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Eff. October 1, 2011.

 

11 NCAC 08 .1022             PROGRAM SPONSORS

The course sponsor of a home inspection prelicensing program

shall obtain approval of the Board for its educational program.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

143-151.64;

Eff. October 1, 2011.

 

11 NCAC 08 .1023             APPLICATION FOR PROGRAM SPONSOR

APPROVAL

(a)  An entity seeking approval to sponsor a home inspection

prelicensing education program must make written applications to the Board upon

a form provided by the Board.

(b)  An applying entity that is not a resident of North

Carolina shall also file with the application a consent to service of process

and pleading.

(c)  The applicant shall submit separate applications to

sponsor the academic classroom and practical training portions of the program.

(d)  The application shall be accompanied by a program plan

outline, course description materials, instructor's guide and textbook, North

Carolina Standards of Practice and Code of Ethics (Section .1100 of Chapter 8),

sample exams, and report formats.

(e)  The sponsor must obtain approval by the Board 45 days

prior to the commencement of any courses or training.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

143-151.57;

Eff. October 1, 2011.

 

11 NCAC 08 .1024             COURSE REQUIREMENTS

(a)  Prelicensing programs shall be comprised of the

following subject areas:

(1)           Introduction to Home Inspection N.C.

General Statutes, Standards of Practice and Code of Ethics, and

(2)           Inspection defect and report writing

including:

(A)          Structural Components;

(B)          Exteriors;

(C)          Roofing;

(D)          Plumbing;

(E)           Electrical;

(F)           Heating;

(g)           Air Conditioning;

(H)          Insulation and Ventilation;

(I)            Interiors; and

(J)            Built in Kitchen Appliances.

(b)  Courses may include coverage of additional related

subject areas not prescribed by the Board; however, any such course shall

provide additional class time above the minimum requirement for the coverage of

such additional subject areas.

(c)  Classroom time and instructional materials shall be

utilized for instructional purposes only and not for promoting the interests of

or recruiting employees or members for any particular home inspector, home

inspection firm or franchise.

(d)  Practical training time and instructional materials

shall be utilized for instructional purposes only and not for promoting the

interests of or recruiting employees or members for any particular home

inspector, home inspection firm or franchise.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Eff. October 1, 2011.

 

11 NCAC 08 .1025             COURSE COMPLETION STANDARDS

(a)  An applicant must attend at least 90 percent of all

scheduled classroom hours.

(b)  A student's grade shall be based solely on his performance

on examinations, on graded homework and class work assignments.

(c)  An applicant for licensure shall obtain a grade of at

least 75 percent on a comprehensive final course examination that covers all

prescribed subject areas.  Take home or open book final course examinations are

prohibited.  Sponsors and instructors may utilize other course quizzes and

tests in addition to the final course examination provided that a student's

grade on the final course examination accounts for at least 75 percent of the

student's grade for the course.

(d)  Prelicensing course final examinations may be provided

by the Board for use by approved sponsors and instructors.  If the Board does

not provide such examinations, or if a sponsor or instructor elects not to use

Board-provided examinations, the sponsor or instructor shall use a

comprehensive examination which tests student's knowledge and mastery of the

course subject matter.  The examination is subject to review and approval by

the Board.  Sponsors may, within 90 days of the course ending date, allow a

prelicensing course student one opportunity to make up any missed course final

examination or to retake any failed course final examination without repeating

the course.  If examinations provided by the Board are used, any makeup or

repeat examination shall consist of a different form of the examination than

the one previously administered in the student's course.  If examinations not

provided by the Board are used, any makeup or repeat examination shall be

comparable to the initial examination with regard to the number of questions,

subject areas tested and overall difficulty, and at least 75 percent of the

questions shall be different from those used on the initial examination.

(e)  Sponsors shall protect the security and integrity of

course examinations at all times.  This includes:

(1)           Maintaining examinations and answer keys in

a secure place accessible only to the instructor or sponsor;

(2)           Prohibiting students from retaining copies

of examinations, answer sheets, scratch paper containing notes or calculations

that jeopardize examination security; and

(3)           Monitoring students at all times when

examinations are being administered.

(f)  Any student who gives or receives assistance during the

examination shall turn in all exam materials and leave the room. Under these

circumstances, the student's answer sheet shall not be scored and information

regarding the giving of assistance shall be reported by the course sponsor to

the Board within 10 days of the incident.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Eff. October 1, 2011.

 

11 NCAC 08 .1026             COURSE SCHEDULING

(a)  All courses must have fixed beginning and ending dates.

(b)  Sponsors may not utilize a scheduling system that

allows students to enroll late for a course and then complete their course work

in a subsequently scheduled course.

(c)  Late enrollment is permitted only if the enrolling

student can satisfy the minimum attendance requirements set forth in Rule .1025

of this Section.

(d)  Courses shall not have practical training field

exercises that exceed a total of eight hours in any given day.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Eff. October 1, 2011.

 

11 NCAC 08 .1027             TEXTBOOKS

(a)  Each course shall utilize a textbook or course

materials which are approved by the Board

(b)  A request for Board approval of a proposed textbook or similar

course materials shall be submitted in writing to the Board and accompanied by

two copies of the proposed textbook or course materials.

(c)  Approval of a textbook or other course materials

applies only to the edition reviewed by the Board.

(d)  A request for approval of a new edition of an approved textbook

shall be made in writing to the Board.

(e)  If requested by the Board, the sponsor shall provide a

copy of the new edition to the Board or shall submit a list of changes.

(f)  Approval is for an indefinite period; however, such

approval may be terminated by the Board at any time upon determining that the

approved edition no longer complies with the criteria for approval.  The

criteria for approval is:

(1)           The textbook or materials shall provide accurate,

current and complete coverage of the subject matter required by the Board for

the course for which approval of the textbook or materials is sought, including

coverage of unique North Carolina home inspection related laws, rules and

practices that are integrated into the basic coverage; and

(2)           The information provided shall be logically

organized.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Eff. October 1, 2011.

 

11 NCAC 08 .1028             COURSE COMPLETION REPORTING

(a)  Program sponsors shall submit to the Board verification

of each student who completes a prelicensing course that is in compliance with Board

rules.

(b)  Sponsors shall provide students a certificate of course

completion upon completing a prelicensing course that is in compliance with the

Board rules.

(c)  A course completion certificate shall be prepared in

the following format:

(1)           the certificate shall be printed on the

official sponsor letterhead offering the prelicensing course;

(2)           the title of the completed prelicensing

course;

(3)           the first and last name of the student who

completed the prelicensing course;

(4)           the instructor's name; and

(5)           the signature certifying the completion of

the course program shall be either an original signature, an electronic

signature or stamped signature of the director, dean or other official and

shall be in a color other than black ink.

 

History Note:        Authority G.S. 143-151.49; 143-151.51;

Eff. October 1, 2011.

 

section .1100 - N.C. HOME INSPECTOR STANDARDS OF PRACTICE AND

CODE OF ETHICS

 

11 NCAC 08 .1101             DEFINITIONS

The following definitions apply to this Section:

(1)           "Automatic safety controls" means devices

designed and installed to protect systems and components from excessively high

or low pressures and temperatures, excessive electrical current, loss of water,

loss of ignition, fuel leaks, fire, freezing, or other unsafe conditions.

(2)           "Central air conditioning" means a system

that uses ducts to distribute cooled or dehumidified air to more than one room

or uses pipes to distribute chilled water to heat exchangers in more than one

room, and that is not plugged into an electrical convenience outlet.

(3)           "Component" means a readily accessible

and observable aspect of a system, such as a floor, or wall, but not individual

pieces such as boards or nails where many similar pieces make up the component.

(4)           "Cosmetic damage" means superficial blemishes

or defects that do not interfere with the functionality of the component or

system.

(5)           "Cross connection" means any physical

connection or arrangement between potable water and any source of

contamination.

(6)           "Dangerous or adverse situations" means situations

that pose a threat of injury to the inspector, or those situations that require

the use of special protective clothing or safety equipment.

(7)           "Describe" means report in writing a

system or component by its type, or other inspected characteristics, to

distinguish it from other systems or components used for the same purpose.

(8)           "Dismantle" means to take apart or remove

any component, device or piece of equipment that is bolted, screwed, or

fastened by other means and that would not be dismantled by a homeowner in the

course of normal household maintenance

(9)           "Enter" means to go into an area to

inspect all visible components.

(10)         "Functional drainage" means a drain that

empties in a reasonable amount of time and does not overflow when another fixture

is drained simultaneously.

(11)         "Functional flow" means a reasonable flow

at the highest fixture in a dwelling when another fixture is operated

simultaneously.

(12)         "Habitable space" means a space in a

building for living, sleeping, eating or cooking.  "Habitable space"

does not mean a bathroom, toilet room, closet, or any space used or designed

for storage.

(13)         "Inspect" means to make a visual

examination.

(14)         "Installed" means attached or connected

such that an item requires tools for removal.

(15)         "Normal operating controls" means

homeowner operated devices such as a thermostat, wall switch, or safety switch.

(16)         "On-site water supply quality" means water

quality based on the bacterial, chemical, mineral, and solids content of the

water.

(17)         "On-site water supply quantity" means the

rate of flow of on-site well water.

(18)         "Operate" means to cause systems or

equipment to function.

(19)         "Readily accessible" means approachable or

enterable for visual inspection without the risk of damage to any property or

alteration of the accessible space, equipment, or opening.

(20)         "Readily openable access panel" means a

panel provided for homeowner inspection and maintenance that has removable or

operable fasteners or latch devices in order to be lifted off, swung open, or

otherwise removed by one person; and its edges and fasteners are not painted in

place.  This definition is limited to those panels within normal reach or

from a four-foot stepladder, and that are not blocked by stored items,

furniture, or building components.

(21)         "Readily visible" means seen by using

natural or artificial light without the use of equipment or tools other than a

flashlight.

(22)         "Representative number" means, for

multiple identical components such as windows and electrical outlets, one such

component per room; and, for multiple identical exterior components, one such

component on each side of the building.

(23)         "Roof drainage systems" means gutters,

downspouts, leaders, splash blocks, and similar components used to carry water

off a roof and away from a building.

(24)         "Shut down" means a piece of equipment or

a system which cannot be operated by the device or control that a homeowner

should normally use to operate it.  If its safety switch or circuit

breaker is in the "off" position, or its fuse is missing or blown,

the inspector is not required to reestablish the circuit for the purpose of

operating the equipment or system.

(25)         "Solid fuel heating device" means any

wood, coal, fossil, or other similar organic fuel burning device, including

fireplaces whether masonry or factory built, fireplace inserts and stoves, wood

stoves (room heaters), central furnaces, and combinations of these devices.

(26)         "Structural component" means a component

that supports non-variable forces or weights (dead loads) and variable forces

or weights (live loads).

(27)         "System" means a combination of

interacting or interdependent components, assembled to carry out one or more

functions.

(28)         "Technically exhaustive" means an

inspection involving the use of measurements, instruments, testing,

calculations, and other means to develop scientific or engineering findings,

conclusions, and recommendations.

(29)         "Under floor crawl space" means the area

within the confines of the foundation and between the ground and the underside

of the lowest floor structural component.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; May 1, 2003.

 

11 NCAC 08 .1102             STANDARDS OF PRACTICE

This Section sets forth the minimum standards of practice

required of licensed home inspectors and licensed associate home inspectors. 

In this Section, the term "home inspectors" means both licensed home

inspectors and licensed associate home inspectors.

 

History Note:        Authority G.S. 143-151.49(a)(2);

143-151.49(a)(13);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1103             PURPOSE AND SCOPE

(a)  Home inspections performed according to this Section

shall provide the client with an understanding of the property conditions, as

inspected at the time of the home inspection.

(b)  Home inspectors shall:

(1)           provide a written contract, signed by the

client, before the home inspection is performed that shall:

(A)          State that the home inspection is in accordance with

the Standards of Practice of the North Carolina Home Inspector Licensure Board

as set forth in this Section;

(B)          Describe what services shall be provided and the

cost; and

(C)          State, when an inspection is for only one or a

limited number of systems or components, that the inspection is limited to only

those systems or components;

(2)           inspect readily visible and readily

accessible installed systems and components described in Rules .1106 through

.1115 of this Section; and

(3)           submit a written report and summary,

pursuant to G.S. 143-151.58(a1), to the client that shall:

(A)          Describe those systems and components required to be

described in Rules .1106 through .1115 of this Section;

(B)          State which systems and components present at the

home and designated for inspection in this Section were not inspected, and the

reason for not inspecting;

(C)          State any systems or components inspected that do

not function as intended, allowing for normal wear and tear, or appear not to

function as intended, based upon documented tangible evidence;

(D)          Describe the system or component; state how the

condition is defective; explain the implications of conditions listed in the

summary; and direct the client to a course of action for repair, further

investigation by a specialist, or subsequent observation; and

(E)           State the name, license number, and signature of

the person conducting the inspection.

(c)  This Section does not limit home inspectors from:

(1)           reporting observations and conditions,

including safety or habitability concerns, or rendering opinions of items in

addition to those required in Paragraph (b) of this Rule; or

(2)           excluding systems and components from the

inspection if requested by the client, and so stated in the written contract.

 

History Note:        Authority G.S. 143-151.49; 143-151.58;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. October 1, 2014; October 1, 2011; March 1,

2010; February 1, 2009; February 1, 2007; April 1, 2005; May 1, 2003; July 1,

2000.

 

11 NCAC 08 .1104             GENERAL LIMITATIONS

(a)  Home inspections done in accordance with this Section

are not technically exhaustive.

(b)  This Section applies to buildings with four or fewer

dwelling units, and individually owned residential units within multi-family

buildings, and their attached garages or carports.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. October 1, 2010.

 

11 NCAC 08 .1105             GENERAL EXCLUSIONS

(a)  Home inspectors are not required to report on:

(1)           Life expectancy of any component or system;

(2)           The causes of the need for a repair;

(3)           The methods, materials, and costs of

corrections;

(4)           The suitability of the property for any

specialized use;

(5)           Compliance or non-compliance with codes,

ordinances, statutes, regulatory requirements or restrictions;

(6)           The market value of the property or its

marketability;

(7)           The advisability or inadvisability of

purchase of the property;

(8)           Any component or system that was not

inspected;

(9)           The presence or absence of pests such as

wood damaging organisms, rodents, or insects; or

(10)         Cosmetic damage, underground items, or items

not permanently installed.

(b)  Home inspectors are not required to:

(1)           Offer warranties or guarantees of any kind;

(2)           Calculate the strength, adequacy, or

efficiency of any system or component;

(3)           Enter any area or perform any procedure

that may damage the property or its components or be dangerous to or adversely

affect the health or safety of the home inspector or other persons;

(4)           Operate any system or component that is

shut down or otherwise inoperable;

(5)           Operate any system or component that does

not respond to normal operating controls;

(6)           Move personal items, panels, furniture,

equipment, plant life, soil, snow, ice, or debris that obstructs access or

visibility;

(7)           Determine the presence or absence of any

suspected adverse environmental condition or hazardous substance, including toxins,

carcinogens, noise, contaminants in the building or in soil, water, and air;

(8)           Determine the effectiveness of any system

installed to control or remove suspected hazardous substances;

(9)           Predict future condition, including failure

of components;

(10)         Project operating costs of components;

(11)         Evaluate acoustical characteristics of any

system or component;

(12)         Inspect special equipment or accessories

that are not listed as components to be inspected in this Section; or

(13)         Disturb insulation, except as required in

Rule .1114 of this Section.

(c)  Home inspectors shall not:

(1)           Offer or perform any act or service

contrary to law; or

(2)           Offer or perform engineering,

architectural, plumbing, electrical or any other job function requiring an

occupational license in the jurisdiction where the inspection is taking place,

unless the home inspector holds a valid occupational license, in which case the

home inspector shall inform the client that the home inspector is so licensed,

and therefore qualified to go beyond this Section and perform additional

inspections beyond those within the scope of the Standards of Practice.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; May 1, 2003.

 

11 NCAC 08 .1106             STRUCTURAL COMPONENTS

(a)  The home inspector shall inspect structural components

including:

(1)           Foundation;

(2)           Floors;

(3)           Walls;

(4)           Columns or piers;

(5)           Ceilings; and

(6)           Roofs.

(b)  The home inspector shall describe the type of:

(1)           Foundation;

(2)           Floor structure;

(3)           Wall structure;

(4)           Columns or piers;

(5)           Ceiling structure; and

(6)           Roof structure.

(c)  The home inspector shall:

(1)           Probe structural components where

deterioration is suspected;

(2)           Enter underfloor crawl spaces, basements,

and attic spaces except when access is obstructed, when entry could damage the

property, or when dangerous or adverse situations are suspected;

(3)           Report the methods used to inspect underfloor

crawl spaces and attics; and

(4)           Report signs of abnormal or harmful water

penetration into the building or signs of abnormal or harmful condensation on

building components.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. April 1, 2005; July 1, 2000.

 

11 NCAC 08 .1107             EXTERIOR

(a)  The home inspector shall inspect:

(1)           Wall cladding, flashings, and trim;

(2)           Entryway doors and a representative number

of windows;

(3)           Garage door operators;

(4)           Decks, balconies, stoops, steps, areaways,

porches and applicable railings;

(5)           Eaves, soffits, and fascias;

(6)           Driveways, patios, walkways, and retaining walls;

and

(7)           Vegetation, grading, and drainage with

respect only to their effect on the condition of the building.

(b)  The home inspector shall:

(1)           Describe wall cladding materials;

(2)           Operate all entryway doors;

(3)           Operate garage doors manually or by using

permanently installed controls for any garage door operator;

(4)           Report whether or not any garage door

operator will automatically reverse or stop when meeting reasonable resistance

during closing; and

(5)           Probe exterior wood components where

deterioration is suspected.

(c)  The home inspector is not required to inspect:

(1)           Storm windows, storm doors, screening,

shutters, awnings, and similar seasonal accessories;

(2)           Fences;

(3)           For the presence of safety glazing in doors

and windows;

(4)           Garage door operator remote control

transmitters;

(5)           Geological conditions;

(6)           Soil conditions;

(7)           Recreational facilities (including spas,

saunas, steam baths, swimming pools, tennis courts, playground equipment, and

other exercise, entertainment, or athletic facilities); except as otherwise

provided in 11 NCAC 08 .1109(d)(5)(F);

(8)           Detached buildings or structures; or

(9)           For the presence or condition of buried

fuel storage tanks.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; July 1,

2000.

 

11 NCAC 08 .1108             ROOFING

(a)  The home inspector

shall inspect:

(1)           Roof coverings;

(2)           Roof drainage systems;

(3)           Flashings;

(4)           Skylights, chimneys, and roof penetrations;

and

(5)           Signs of leaks or abnormal condensation on

building components.

(b)  The home inspector

shall:

(1)           Describe the type of roof covering

materials; and

(2)           Report the methods used to inspect the

roofing.

(c)  The home inspector

is not required to:

(1)           Walk on the roofing; or

(2)           Inspect attached accessories including

solar systems, antennae, and lightning arrestors.

 

History Note:        Authority

G.S. 143-151.49;

Codifier determined

that agency findings did not meet criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption

Eff. October 24, 1996;

Amended Eff. April 1,

2005; July 1, 1998.

 

11 NCAC 08 .1109             PLUMBING

(a)  The home inspector shall inspect:

(1)           Interior water supply and distribution

system, including:  piping materials, supports, and insulation; fixtures and

faucets; functional flow; leaks; and cross connections;

(2)           Interior drain, waste, and vent system,

including:  traps; drain, waste, and vent piping; piping supports and pipe

insulation; leaks; and functional drainage;

(3)           Hot water systems including:  water heating

equipment; normal operating controls; automatic safety controls; and chimneys,

flues, and vents;

(4)           Fuel storage and distribution systems

including:  interior fuel storage equipment, supply piping, venting, and

supports; leaks; and

(5)           Sump pumps.

(b)  The home inspector shall describe:

(1)           Water supply and distribution piping

materials;

(2)           Drain, waste, and vent piping materials;

(3)           Water heating equipment, including fuel or

power source, storage capacity, and location; and

(4)           The location of any main water supply

shutoff device.

(c)  The home inspector shall operate all plumbing fixtures,

including their faucets and all exterior faucets attached to the house, except

where the flow end of the faucet is connected to an appliance.

(d)  The home inspector is not required to:

(1)           State the effectiveness of anti-siphon

devices;

(2)           Determine whether water supply and waste

disposal systems are public or private;

(3)           Operate automatic safety controls;

(4)           Operate any valve except water closet flush

valves, fixture faucets, and hose faucets;

(5)           Inspect:

(A)          Water conditioning systems;

(B)          Fire and lawn sprinkler systems;

(C)          On-site water supply quantity and quality;

(D)          On-site waste disposal systems;

(E)           Foundation irrigation systems;

(F)           Bathroom spas, except as to functional flow and

functional drainage;

(G)          Swimming pools;

(H)          Solar water heating equipment; or

(6)           Inspect the system for proper sizing,

design, or use of proper materials.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005.

 

11 NCAC 08 .1110             ELECTRICAL

(a)  The home inspector shall inspect:

(1)           Electrical service entrance conductors;

(2)           Electrical service equipment, grounding

equipment, main overcurrent device, and main and distribution panels;

(3)           Amperage and voltage ratings of the

electrical service;

(4)           Branch circuit conductors, their

overcurrent devices, and the compatibility of their ampacities;

(5)           The operation of a representative number of

installed ceiling fans, lighting fixtures, switches and receptacles located

inside the house, garage, and on the dwelling's exterior walls;

(6)           The polarity and grounding of all

receptacles within six feet of interior plumbing fixtures, and all receptacles

in the garage or carport, and on the exterior of inspected structures;

(7)           The operation of ground fault circuit

interrupters; and

(8)           Smoke detectors and permanently installed

carbon monoxide alarms.

(b)  The home inspector shall describe:

(1)           Electrical service amperage and voltage;

(2)           Electrical service entry conductor

materials;

(3)           The electrical service type as being

overhead or underground; and

(4)           The location of main and distribution

panels.

(c)  The home inspector shall report in writing the presence

of any readily accessible single strand aluminum branch circuit wiring.

(d)  The home inspector shall report in writing on the

presence or absence of smoke detectors, and permanently installed carbon

monoxide alarms in any homes with fuel fired appliances or attached garages,

and operate their test function, if accessible, except when detectors are part

of a central alarm system.

(e)  The home inspector is not required to:

(1)           Insert any tool, probe, or testing device

inside the panels;

(2)           Test or operate any overcurrent device

except ground fault circuit interrupters;

(3)           Dismantle any electrical device or control

other than to remove the covers of the main and auxiliary distribution panels;

or

(4)           Inspect:

(A)          Low voltage systems;

(B)          Security systems and heat detectors;

(C)          Telephone, security, cable TV, intercoms, or other

ancillary wiring that is not a part of the primary electrical distribution

system;

(D)          Built-in vacuum equipment;

(E)           Back up electrical generating equipment; or

(F)           Other alternative electrical generating or

renewable energy systems such as solar, wind or hydro power.

 

History Note:        Authority G.S. 143-151.49; 143-151.58;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. September 1, 2013; February 1, 2007; April

1, 2005.

 

11 NCAC 08 .1111             HEATING

(a)  The home inspector shall inspect permanently installed

heating systems including:

(1)           Heating equipment;

(2)           Normal operating controls;

(3)           Automatic safety controls;

(4)           Chimneys, flues, and vents, where readily

visible;

(5)           Solid fuel heating devices;

(6)           Heat distribution systems including fans,

pumps, ducts and piping, with supports, insulation, air filters, registers,

radiators, fan coil units, convectors; and

(7)           The presence or absence of an installed

heat source for each habitable space.

(b)  The home inspector shall describe:

(1)           Energy source; and

(2)           Heating equipment and distribution type.

(c)  The home inspector shall operate the systems using

normal operating controls.

(d)  The home inspector shall open readily openable access

panels provided by the manufacturer or installer for routine homeowner

maintenance.

(e)  The home inspector is not required to:

(1)           Operate heating systems when weather

conditions or other circumstances may cause equipment damage;

(2)           Operate automatic safety controls;

(3)           Ignite or extinguish solid fuel fires;

(4)           Ignite a pilot light; or

(5)           Inspect:

(A)          The interior of flues;

(B)          Fireplace insert flue connections;

(C)          Heat exchangers;

(D)          Humidifiers;

(E)           Electronic air filters;

(F)           The uniformity or adequacy of heat supply to the

various rooms; or

(G)          Solar space heating equipment.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005.

 

11 NCAC 08 .1112             AIR CONDITIONING

(a)  The home inspector shall inspect:

(1)           Central air conditioning and

through-the-wall installed cooling systems including:

(A)          Cooling and air handling equipment; and

(B)          Normal operating controls.

(2)           Distribution systems including:

(A)          Fans, pumps, ducts and piping, with associated

supports, dampers, insulation, air filters, registers, fan-coil units; and

(B)          The presence or absence of an installed cooling

source for each habitable space.

(b)  The home inspector shall describe:

(1)           Energy sources; and

(2)           Cooling equipment type.

(c)  The home inspector shall operate the systems using

normal operating controls.

(d)  The home inspector shall open readily openable access

panels provided by the manufacturer or installer for routine homeowner

maintenance.

(e)  The home inspector is not required to:

(1)           Operate cooling systems when weather

conditions or other circumstances may cause equipment damage;

(2)           Inspect window air conditioners; or

(3)           Inspect the uniformity or adequacy of

cool-air supply to the various rooms.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; May 1,

2003.

 

11 NCAC 08 .1113             INTERIORS

(a)  The home inspector shall inspect:

(1)           Walls, ceiling, and floors;

(2)           Steps, stairways, balconies, and railings;

(3)           Counters and a representative number of

built-in cabinets; and

(4)           A representative number of doors and

windows.

(b)  The home inspector shall:

(1)           Operate a representative number of windows

and interior doors; and

(2)           Report signs of water penetration into the

building or signs of abnormal or harmful condensation on building components.

(c)  The home inspector is not required to inspect:

(1)           Paint, wallpaper, and other finish

treatments on the interior walls, ceilings, and floors;

(2)           Carpeting; or

(3)           Draperies, blinds, or other window

treatments.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; May 1, 2003.

 

11 NCAC 08 .1114             INSULATION AND VENTILATION

(a)  The home inspector shall inspect:

(1)           Insulation and vapor retarders in

unfinished spaces;

(2)           Ventilation of attics and foundation areas;

(3)           Kitchen, bathroom, and laundry venting

systems; and

(4)           The operation of any readily accessible

attic ventilation fan, and, when temperature permits, the operation of any

readily accessible thermostatic control.

(b)  The home inspector shall describe:

(1)           Insulation in unfinished spaces; and

(2)           The absence of insulation in unfinished

space at conditioned surfaces.

(c)  The home inspector is not required to report on:

(1)           Concealed insulation and vapor retarders;

or

(2)           Venting equipment that is integral with

household appliances.

(d)  The home inspector shall:

(1)           Move insulation where readily visible

evidence indicates the possibility of a problem; and

(2)           Move floor insulation where plumbing

drain/waste pipes penetrate floors, adjacent to earth-filled

stoops or porches, and at exterior doors.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; May 1, 2003.

 

11 NCAC 08 .1115             BUILT-IN KITCHEN APPLIANCES

(a)  The home inspector shall inspect and operate the basic

functions of the following kitchen appliances:

(1)           Permanently installed, dishwasher(s)

through a normal cycle;

(2)           Range(s), cook top(s), and permanently

installed oven(s);

(3)           Trash compactor(s);

(4)           Garbage disposal(s);

(5)           Ventilation equipment or range hood(s); and

(6)           Permanently installed microwave oven(s).

(b)  The home inspector is not required to inspect:

(1)           Clocks, timers, self-cleaning oven

functions, or thermostats for calibration or automatic operation;

(2)           Non built-in appliances; or

(3)           Refrigeration units.

(c)  The home inspector is not required to operate:

(1)           Appliances in use; or

(2)           Any appliance that is shut down or otherwise

inoperable.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. April 1, 2005.

 

11 NCAC 08 .1116             CODE OF ETHICS

(a)  Licensees shall discharge their duties with fidelity to

the public and to their clients, with fairness and impartiality to all.

(b)  Opinions expressed by licensees shall be based only on

their education, experience, and honest convictions.

(c)  A licensee shall not disclose any information about the

results of an inspection without the approval of the client for whom the

inspection was performed, or the client's designated representative.

(d)  No licensee shall accept compensation or any other

consideration from more than one interested party for the same service without

the consent of all interested parties.

(e)  No licensee shall compensate, either financially or

through other services or benefits, realty agents or other parties with a

financial interest in closing or settlement of real estate transactions for the

following:

(1)           Referral of inspections; or

(2)           Inclusion on a list of recommended

inspectors or preferred providers.

(f)  No licensee shall express, within the context of an

inspection, an appraisal or opinion of the market value of the inspected

property.

(g)  Before the execution of a contract to perform a home

inspection, a licensee shall disclose to the client any interest he or she has in

a business that may affect the client.  No licensee shall allow his or her

interest in any business to affect the quality or results of the inspection

work that the licensee may be called upon to perform.

(h)  A licensee shall not solicit for repairs of systems or

components found defective in the course of a home inspection performed by the

licensee or that licensee's company.

(i)  Licensees shall not engage in false or misleading advertising

or otherwise misrepresent any matters to the public.

(j)  Licensees shall not inspect properties under contingent

arrangements whereby any compensation or future referrals are dependent on

reported findings or on the sale of a property.

 

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. May 1, 2013; October 1, 2010; July 1, 2000.

 

SECTION .1200 - N.C. HOME INSPECTOR DISCIPLINARY ACTIONS

 

11 NCAC 08 .1201             DEFINITIONS

(a)  As used in this Section: 

(1)           "Party" means the Board, the

licensee, or an intervenor who qualifies under G.S. 150B-38(f). 

"Party" does not include a complainant unless the complainant is

allowed to intervene under G.S. 150B-38(f).

(2)           "Service or serve" means personal

delivery or, unless otherwise provided by law or rule, delivery by first class

United States Postal Service mail or a licensed overnight express mail service,

addressed to the person to be served at his or her last known address.  A

Certificate of Service meeting the requirements of G.S. 1A-1, Rule 5(b1) by the

person making the service shall be appended to every document requiring service

under these Rules.  Service by mail or licensed overnight express mail is

complete upon addressing, enveloping, and placing the item to be served in an

official depository of the United States Postal Service or delivering the item

to an agent of an overnight express mail service.

(b)  The definitions contained in G.S. 143-151.45 apply to

this Section.

 

History Note:        Authority G.S. 143-151.49; 150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. October 1, 2014.

 

11 NCAC 08 .1202             COMPLAINTS

(a)  Anyone who believes that a licensee is or has been

engaged in any conduct set out in G.S. 143‑151.56(a) may file a written

complaint against that licensee.

(b)  A Complaint Memo containing instructions for filing the

complaint is available through the NC Home Inspector Licensure Board website at

www.nchilb.com or by contacting the NC Home Inspector

Licensure Board.

(c)  The complaint shall identify the licensee and describe

the conduct complained of as set forth in G.S. 143-151.56(a).

(d)  A copy of the contract agreement, the inspection

report, and any reports made by other consultants shall be included with the

complaint.

(e)  The complaint shall be in writing, signed by the

complainant, and dated. The complaint shall include the complainant's mailing

address and a daytime phone number at which the complainant may be reached. The

street address of the structure must be included if the complaint pertains to

an inspection of a structure.

(f)  Supporting information shall be included to justify the

complaint. Supporting information shall refer to violations of the Board's

rules or of the General Statutes.  If the complaint involves items included in

the Standards of Practice that the licensee did not observe, a list of those

items may be submitted with the complaint. This information may be provided by

the complainant, an architect, professional engineer, licensed contractor,

another licensed home inspector, or other person with knowledge of the

Standards of Practice.

(g)  The Board shall not consider services that are under

the jurisdiction of other regulatory agencies or licensing boards, such as

termite inspections; appraisals; or services rendered by licensed architects,

engineers, or general contractors, unless the persons rendering those services

claim to be home inspectors.

(h)  The Board has no jurisdiction over persons who make

specialized inspections as part of their repair or maintenance businesses, such

as roofing repair contractors, chimney sweeps, duct cleaning, and interior

environment specialists.

(i)  The Board members or the Board staff may initiate an

investigation without a written complaint when there is cause to believe that a

licensee is or has been engaged in any conduct set out in G.S. 143-151.56(a).

 

History Note:        Authority G.S. 143-151.49; 143-151.56(a);

143-151.58(d); 143-151.62; 150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2014; April 1, 2006.

 

11 NCAC 08 .1203             BOARD STAFF

 

History Note:        Authority G.S. 143-151.49; 150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. April 1, 2005;

Repealed Eff. February 1, 2014

 

11 NCAC 08 .1204             INVESTIGATION

(a)  On receipt of a complaint conforming to this Section,

the Engineering and Codes Division shall conduct an investigation.

(b)  A copy of the complaint and supporting information as

set forth in Rule .1202(d) and (f) of this Section shall be mailed to the home

inspector.  The home inspector shall submit a written response to the

Engineering and Codes Division within two weeks after receipt of the copy of

the complaint.

(c)  Upon completion of the investigation, the Board’s

Investigation Review Committee ("Committee") shall make a

determination of whether there is sufficient evidence to support a violation of

G.S. 143-151.56(a).  Based on its determination, the Committee may:

(1)           recommend to the Board that the complaint

be dismissed;

(2)           recommend to the Board to dismiss the

complaint and a letter of caution be issued to the home inspector;

(3)           recommend to the Board that the complaint

be resolved by consent agreement if the home inspector agrees to the terms of

the consent agreement; or

(4)           recommend to the Board to establish a time

and place for a disciplinary hearing and give notice to the home inspector and

complainant. Prior to the matters being heard and determined by the Board, it

may be resolved by consent agreement with the approval of the Board. 

(d)  The Committee shall notify the complainant and the home

inspector of its determination.

 

History Note:        Authority G.S. 143-151.49; 143-151.56;

150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2014.

 

11 NCAC 08 .1205             DISCIPLINARY HEARING

The disciplinary hearing shall be held in accordance with

G.S. 150B, Article 3A and this Section.

 

History Note:        Authority G.S. 143-151.49; 143-151.56;

150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2014.

 

11 NCAC 08 .1206             PRESIDING OFFICER

In all contested case hearings before the Board, the

Chairman of the Board shall serve as presiding officer.  In the absence of the

Chairman, the Vice‑Chairman shall serve as presiding officer, or a

presiding officer shall be elected by the Board. 

 

History Note:        Authority G.S. 143-151.49; 150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1207             PREHEARING CONFERENCE

Upon the request of any party or upon the presiding

officer's own motion, the presiding officer may hold a prehearing conference

before a contested case hearing.  A prehearing conference on the simplification

of issues, amendments, stipulations, or other matters may be entered on the

record or may be made the subject of an order by the presiding officer.  Venue

for purposes of a prehearing conference shall be determined in accordance with

G.S. 150B‑38(e).

 

History Note:        Authority G.S. 143-151.49; 150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1208             CONSENT AGREEMENT

(a)  The Board's staff and the home inspector may attempt to

resolve the complaint by means of a consent agreement.  Such consent agreement

may impose upon the licensee a penalty, or penalties, including the following: 

requiring the licensee to take training or educational courses, probation,

letter of reprimand, suspension of license, or revocation of license.

(b)  The proposed consent agreement shall then be presented

to the Board at the next meeting.  The Board may either accept the consent

agreement as written, modify the consent agreement and send it back to the

licensee for agreement, or reject the consent agreement.

 

History Note:        Authority G.S. 143-151.49(a)(13);

150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

11 NCAC 08 .1209             FINAL BOARD ORDER

(a)  After the close of a contested case hearing, the Board

shall meet and determine if the licensee engaged in the conduct alleged and the

appropriate penalty, including requiring the licensee to take training or education

courses, probation, letter of reprimand, or license suspension or revocation.

(b)  If a final Board order is to suspend, revoke, place on

probation, or refuse to issue a license, the order shall set forth any

conditions that must be met in order to remove the suspension or probation, to

reissue the license, or to issue the license.

(c)  Contested case hearings shall be recorded either by a

recording system or a professional court reporter using stenomask or stenotype.

(d)  Transcript costs incurred by the Board shall be paid by

the the party or parties requesting a transcript.  Any other costs incurred by

the Board when using a professional court reporter shall be paid by the

requesting party or parties.

(e)  A 24‑hour cancellation notice shall be required

in all cases.  The party or parties responsible for the cancellation shall be

responsible for any cancellation fees charged by a professional court reporter.

(f)  Transcripts of proceedings during which oral evidence

is presented shall be made only upon request of a party.  Transcript costs

shall include the cost of an original for the Board.  An attorney requesting a

transcript on behalf of a party shall be a guarantor of payment of the cost. 

Cost shall be determined under supervision of the presiding officer who, in

cases deemed to be appropriate by him, may require an advance security deposit

to cover the prospective cost.  The security deposit shall be applied to the

actual cost and any excess shall be returned to the party that submitted it.

(g)  Copies of tapes shall be available upon written request

at cost of reproduction and postage.

(h)  Copies of Board hearings tapes or non‑Board

certified transcripts therefrom shall not be part of the official record.

 

History Note:        Authority G.S. 143-151.49; 150B-38(h);

Codifier determined that agency findings did not meet

criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.

 

 

 

 

SECTION .1300 - HOME INSPECTOR CONTINUING EDUCATION

 

11 NCAC 08 .1301             DEFINITIONS

(a)  As used in this Section:

(1)           "Credit hour" means one

continuing education course hour, comprising at least 50 minutes of

instruction.

(2)           "License period" means October 1 through

the following September 30.

(3)           "Licensee" means a home inspector

licensed by the Board under G.S. 143, Article 9F and Section .1000 of this

Chapter.

(4)           "Person" means an individual,

partnership, firm, association, corporation, joint-stock company, trust, any

similar entity, or any combination of the foregoing acting in concert.

(b)  The definitions contained in G.S. 143-151.45 apply to

this Section.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Amended Eff. October 1, 2014; July 18, 2002.

 

11 NCAC 08 .1302             CONTINUING EDUCATION REQUIRED FOR

RENEWAL OF ACTIVE LICENSE

(a)  In order to renew an active home inspector license for

the license renewal periods beginning on or after October 1, 2014, the licensee

shall complete 12 credit hours during the license renewal period, except as

described in Paragraph (b) of this Rule.

(b)  In order to renew an active home inspector license for

license renewal periods beginning on or after October 1, 2014, home inspectors

who are newly licensed on or after October 1, 2014, who have not completed the

pre-licensing education program established pursuant to G.S. 143-151.51(a)(5)a

or its equivalent pursuant to Rule .1004(c) of this Chapter, shall complete 16

hours of continuing education per year for the first three years of licensure

that include the following:

(1)           Four hours of a Board approved course

consisting of the following:

(A)          for the first year, a Board approved course on the

Standards of Practice and Report Writing; and

(B)          for each of the second and third years, a Board

approved course of the home inspector's choosing.

(2)           Four hours of the update course component

described in Rule .1309 of this Chapter; and

(3)           Eight hours of Board approved elective

courses.

(c)  A licensee who is newly licensed on or after June 1 is

exempt from this Section for the initial license period.

 

History Note:        Authority G.S. 143-151.49; 143-151.51; 143-151.55;

143-151.64;

Eff. August 1, 1998;

Amended Eff. October 1, 2014; February 1, 2011; July 18,

2002.

 

11 NCAC 08 .1303             INACTIVE LICENSE

A person holding an inactive license is not subject to this

Section.  In order to change a license from inactive status to active status,

the licensee must complete the same number of continuing education credit hours

that would have been required for an active license during the period of

inactive status but not more than the hours required in G.S. 143-151.55.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Amended Eff. January 1, 2011.

 

11 NCAC 08 .1304             COURSE REQUIREMENTS

(a)  The same elective continuing education course may be

taken only once for continuing education credit during any three year period.

(b)  A licensee may carry over up to eight elective credit

hours per year until the next year.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Amended Eff. July 18, 2002.

 

11 NCAC 08 .1305             ATTENDANCE REQUIREMENTS

In order to receive any credit for completing a continuing

education course, a licensee must attend at least 90 percent of the scheduled

credit hours for the course, regardless of the length of the course, and must

comply with student participation standards described in Rule .1347 of this

Section.  No credit shall be awarded for attending less than 90 percent of the

scheduled credit hours.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Amended Eff. July 18, 2002.

 

11 NCAC 08 .1306             EXTENSIONS OF TIME

A licensee may request and be granted an extension of time

to satisfy the continuing education requirement for a particular license period

if the licensee provides evidence to the Board that the licensee was unable to obtain

the necessary education because of an incapacitating illness or other

circumstance that:

(1)           existed for 75 percent of the license period; and

(2)           constituted a verifiable hardship.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Amended Eff. July 18, 2002.

 

11 NCAC 08 .1307             DENIAL OR WITHDRAWAL OF CREDIT

(a)  The Board shall deny continuing education credit

claimed by a licensee, and shall withdraw continuing education credit

previously awarded by the Board to a licensee if:

(1)           The licensee provided incorrect or

incomplete information to the Board concerning continuing education or

compliance with this Section; or

(2)           The licensee was mistakenly awarded

continuing education credit because of an administrative error; or

(3)           The licensee failed to comply with the

attendance requirement established by Rule .1305 of this Section.

(b)  When continuing education credit is denied or withdrawn

by the Board under Subparagraph (a)(1) or (a)(2) of this Rule, the Board shall,

upon written request of the licensee, grant the licensee an extension of time

of 60 days to satisfy the continuing education requirement.  When continuing

education credit is denied or withdrawn by the Board under Subparagraph (a)(3)

of this Rule, the licensee remains responsible for satisfying the continuing

education requirement.

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Amended Eff. July 18, 2002.

 

11 NCAC 08 .1308             DUTIES OF LICENSEES TO SHOW PROOF OF

COMPLIANCE

 

History Note:        Authority G.S. 143-151.49; 143-151.55;

Eff. August 1, 1998;

Repealed Eff. July 18, 2002.

 

11 NCAC 08 .1309             UPDATE COURSE COMPONENT

(a)  To keep a license on active status, a licensee shall

complete a Board-developed update course within one year preceding license

expiration. This course is in addition to the continuing education elective requirement

described in Rule .1318 of this Section, and shall consist of four classroom

hours of instruction.

(b)  The Board shall develop annually an update course which

shall be conducted by sponsors approved by the Board under this Section.  The

subject matter of this course shall be determined by the Board, which shall

prepare a completely new course for each one-year period beginning October 1

and ending September 30.  Sponsors shall acquire the Board-developed course

materials and utilize such materials to conduct the update course.  The course

shall be conducted exactly as prescribed by the rules in this Section and the

course materials developed by the Board.  Sponsors shall provide licensees

participating in their classes a copy of the student materials developed by the

Board

(c)  Approval of a sponsor to conduct an update course

authorizes the sponsor to conduct the update course using an instructor who has

been approved by the Board as an update course instructor under Rules .1313

through .1317 of this Section.  The sponsor may conduct the update course at

any location as frequently as is desired during the approval period, provided

that no courses may be conducted between September 10 and September 30 of any

approval period.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1310             APPLICATION FOR ORIGINAL APPROVAL OF

UPDATE COURSES

An entity seeking original approval to sponsor

a Board-developed update course shall make application on a form prescribed by

the Board.  An applying entity that is not a resident of North Carolina shall

also file with the application a consent to service of process and pleadings.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1311             CRITERIA FOR APPROVAL OF UPDATE

COURSE SPONSOR

Approval to sponsor a Board-developed update

course shall be granted to an applicant upon showing to the satisfaction of the

Board that:

(1)           The applicant has submitted all

information required by the rules in this Section;

(2)           The applicant has at least one

proposed instructor who has been approved by the Board as an update course

instructor under Rules .1313 through .1317 of this Section;

(3)           The applicant satisfies the

requirements of Rules .1327 through .1337 of this Section relating to

qualifications or eligibility of course sponsors; and

(4)           The applicant is honest.  In this

regard, the Board may consider the reputation and character of any owner,

officer, continuing education coordinator, or director of any corporation,

association, or organization applying for sponsor approval.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1312             STUDENT FEE FOR UPDATE COURSES

A sponsor of an update course may establish

the amount of the fee to be charged to students taking the course.  The

established fee shall be an all-inclusive fee, and no separate or additional

fee may be charged to students for providing course materials required by the

Board, providing course completion certificates, reporting course completion to

the Board, or for recouping similar routine administrative expenses.  The total

amount of any fees to be charged shall be included in any advertising or

promotional materials for the course.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1313             NATURE AND SCOPE OF APPROVAL OF

UPDATE COURSE INSTRUCTORS

Approval of update course instructors shall be accomplished

on a calendar year basis separate from the approval of update course sponsors. 

Approval of an update course instructor authorizes the instructor to teach the

update course for any approved update course sponsor; however, an approved

update course instructor may not independently conduct an update course unless

the instructor has also obtained approval as an update course sponsor.  An

instructor shall obtain written approval from the Board before teaching an

update course and before representing to any sponsor or other party that he or

she is approved or may be approved as an update course instructor.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1314             APPLICATION AND CRITERIA FOR

ORIGINAL APPROVAL OF UPDATE COURSE INSTRUCTORS

(a)  A person seeking original approval as an update course

instructor shall make application on a form prescribed by the Board.  An

applicant who is not a resident of North Carolina shall also file with the

application a consent to service of process and pleadings.  No application fee

is required.  All required information regarding the applicant's qualifications

shall be submitted.

(b)  The applicant shall be honest in all dealings with the

Board and in course instruction.

(c)  The applicant shall be qualified under one of the

following standards:

(1)           Possession of a baccalaureate or higher

degree with a major in the field of engineering, construction, or architecture;

(2)           Possession of a current North Carolina home

inspector license, three years active full-time experience in performing home

inspections for compensation within the previous 10 years, and 30 classroom

hours of home inspection education, excluding prelicensing education, within

the past three years, such education covering topics that are acceptable under

Board rules for continuing education credit.

(3)           Possession of a current North Carolina home

inspector license and experience teaching at least 10 home inspector

prelicensing courses within the previous five years; or

(4)           Possession of qualifications found by the

Board to be equivalent to one or more of the above standards, provided that the

requirement for a current North Carolina home inspector license shall be waived

only for applicants who qualify under Subparagraph (c)(1) of this Rule.

(d)  The applicant shall possess good teaching skills as

demonstrated on a video portraying the instructor teaching a live audience. 

The applicant shall submit the video to the Board for review.   The video shall

be 45-60 minutes in length and shall depict a continuous block of instruction

on home inspections or a directly related topic.  The video shall be unedited,

shall show at least a portion of the audience, and shall have visual and sound

quality sufficient to enable reviewers to clearly see and hear the instructor. 

The video shall have been made within the previous three years.  The video

shall demonstrate that the instructor possesses the teaching skills described

in Rule .1345 of this Section.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1315             RENEWAL OF APPROVAL OF UPDATE COURSE

INSTRUCTORS

Board approval of update course instructors expires on

December 31 following issuance of approval.  In order to assure continuous

approval, approved instructors shall file applications for renewal of approval

on a form prescribed by the Board on or before December 1 immediately preceding

expiration of their approval.  In order to renew approval, applicants shall

satisfy the criteria for original approval, with the exception of the requirement

stated in Rule .1314(d) of this Section, unless requested by the Board under

Rule .1317 of this Section.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1316             DENIAL OR WITHDRAWAL OF APPROVAL OF

UPDATE COURSE INSTRUCTORS

(a)  The Board may deny or withdraw approval of any update

course instructor upon finding that:

(1)           The instructor has made any false

statements or presented any false information in connection with an application

for approval or renewal of approval;

(2)           The instructor has failed to meet the

criteria for approval described in Rule .1314 of this Section or has refused or

failed to comply with any other provisions of this Section;

(3)           The instructor has failed to demonstrate,

during the teaching of update courses, those effective teaching skills

described in Rule .1345 of this Section;

(4)           The instructor has provided false or

incorrect information in connection with any reports a course sponsor is

required to submit to the Board; or

(5)           The instructor has been disciplined by the

Board or any other occupational licensing agency in North Carolina or another

jurisdiction.

(b)  If a licensee who is an approved update course instructor

engages in any dishonest, fraudulent, or conduct lacking moral turpitude in

connection with the licensee's activities as an instructor, the licensee shall

be subject to disciplinary action pursuant to G.S. 143-151.56.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1317             REQUEST FOR VIDEO OF UPDATE COURSE

INSTRUCTORS

When concerns about the quality of a course or instructor

are made known to the Board, upon the written request of the Board, an approved

update course instructor shall submit to the Board a video depicting the

instructor teaching the update course.  The video shall have been made within

12 months before the date of submittal, shall include a label that clearly

identifies the instructor and the date of the video presentation, shall not be

the same video that was submitted under Rule .1314(d) of this Section, and

shall conform to specifications set forth in Rule .1314(d) of this Section.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1318             ELECTIVE COURSE COMPONENT

(a) Licensee Requirements:  To renew a license on active status,

a licensee shall complete eight classroom hours of instruction in two or more

Board approved elective courses within the licensure period in addition to

satisfying the continuing education mandatory update course requirement

described in Rule .1309 of this Section.

(b)  Sponsor Requirements:  Approval of an elective course requires

approval of the sponsor and instructor(s) as well as the course itself.  The

approval authorizes the sponsor to conduct the approved course using the

instructor(s) who have been found by the Board to satisfy the instructor

requirements set forth in Rule .1322 of this Section.  The sponsor may conduct

the course at any location as frequently as is desired during the approval

period.  However, the sponsor may not conduct any session of an approved course

for home inspector continuing education purposes between September 10 and

September 30, inclusive, of any approval period.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002;

Amended Eff. October 1, 2014; October 1, 2011.

 

11 NCAC 08 .1319             APPLICATION FOR ORIGINAL APPROVAL OF

AN ELECTIVE COURSE

A person seeking original approval of a proposed elective

course shall make application on a form provided by the Board.  The course

shall be submitted to the Board for approval no less than 45 days before the

course presentation date. The Board shall not accept an application for

original approval between July 1 and September 30.  This restriction shall not

apply when an applicant is seeking approval to conduct a course for which

another sponsor has obtained approval.  The applicant shall submit a nonrefundable

fee of one hundred fifty dollars ($150.00) per course paid to the Home

Inspector Licensure Board.  The application shall be accompanied by a copy of

the course plan or instructor's guide for the course and a copy of materials

that will be provided to students.  An applicant that is not a resident of North Carolina shall also file with the application a consent to service of process and

pleadings.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002;

Amended Eff. February 1, 2011; January 1, 2008.

 

11 NCAC 08 .1320             CRITERIA FOR ELECTIVE COURSE

APPROVAL

The following requirements shall be satisfied in order to

obtain approval of a proposed elective course:

(1)           The applicant shall submit all information

required by the rules in this Section and pay the application fee.

(2)           The applicant shall satisfy the

requirements of Rules .1327 through .1337 of this Section relating to the

qualifications or eligibility of course sponsors.

(3)           The subject matter of the course shall

satisfy the elective course subject matter requirements set forth in Rule .1321

of this Section and all information to be presented in the course shall be

current and accurate.

(4)           The course shall involve a minimum of two

classroom hours of instruction on acceptable subject matter.  A classroom hour

consists of 50 minutes of instruction and 10 minutes of break time.

(5)           The applicant is honest.  In this regard,

the Board may consider the reputation and character of any owner, member,

officer, continuing education coordinator, and director of any corporation,

association, or organization applying for sponsor approval.

(6)           The proposed instructor(s) for the course

shall possess the qualifications described in Rule .1322 of this Section.

(7)           The instructional delivery methods to be

used in the course shall comply with the requirements described in Rule .1326

of this Section.

(8)           The applicant shall submit an instructor

guide that includes:

(a)           a detailed course outline;

(b)           the amount of time to be devoted to each major

topic and to breaks;

(c)           the learning objective(s) for each major topic; and

(d)           the instructional methods and instructional aids

that will be used in the course.

The proposed time allotments shall

be appropriate for the proposed subject matter to be taught.  Unless the

applicant can demonstrate that straight lecture is the most effective

instructional method for the course, the instructor guide shall provide for the

use of a variety of instructional methods and instructional aids intended to

enhance student attentiveness and learning.  Examples of instructional methods

and instructional aids that may be appropriate include class discussion,

role-playing, in-class work assignments, overhead transparencies, and videos.

(9)           The course shall include handout materials

for students unless the applicant can demonstrate that such materials are

either inappropriate or unnecessary for the course.  Such materials shall be

current, accurate, grammatically correct, logically organized, and produced in

a manner that reflects reasonable quality.

(10)         Either the instructor guide or the student

materials shall describe, in narrative form, the details of the substantive

information to be presented in the course.  The substantive information to be

presented must be provided in sufficient detail to demonstrate that the

information is current, accurate, and complete.

(11)         If an applicant proposes to use copyrighted

materials in the course, such materials must be used in a form approved by the

copyright holder.  If any copyrighted material is to be duplicated by the

applicant for use in the course, the sponsor shall have the specific permission

of the copyright holder.

(12)         Applicants requesting approval of a computer-based

instructional program need not comply with the requirements in Subparagraphs

(8), (9), and (10) of this Rule; however, such applicants shall submit a

written course plan that includes a detailed course outline, the minimum amount

of time required for a typical licensee to complete each lesson, and the entire

course and the learning objectives for each major topic.  Such applicants shall

also submit a complete copy of the instructional program on the medium that is

to be utilized and shall make available, to the Board and at the sponsor's

expense, all hardware and software necessary for review by the Board.  The

information in the instructional program shall comply with the requirements of

Rule .1326 of this Section.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1321             ELECTIVE COURSE SUBJECT MATTER

(a)  Elective courses shall directly contribute to

accomplishment of the primary purpose of mandatory continuing education, which

is to help assure that licensees possess the knowledge, skills, and competence

necessary to function in the home inspection profession in a manner that

protects and serves the public interest.  The knowledge or skills taught in an

elective course shall enable licensees to better serve their clients and the

subject matter shall be directly related to the home inspection profession. 

Examples of acceptable subject matter include rules adopted by the Board,

including the Standards of Practice and Code of Ethics for home inspectors,

which are found in 11 NCAC 08 .1100; G.S. 143, Article 9F; construction

techniques; construction materials; residential environmental issues;

residential mechanical systems and components; residential structural systems

and components; and business administration or management.

(b)  If there are unique North Carolina laws, rules, or

customary practices that are relevant to a topic being addressed in an elective

course, and if the course is to be conducted in North Carolina or primarily for

the benefit of North Carolina licensees, then the course shall accurately and

completely address such North Carolina laws, rules, or practices.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1322             ELECTIVE COURSE INSTRUCTORS

(a)  The instructor of an elective course shall be honest

and shall be qualified under one of the following standards:

(1)           Possession of a baccalaureate or higher

degree in a field directly related to the subject matter of the course;

(2)           Three years' full-time experience within

the previous 10 years that is directly related to the subject matter of the

course;

(3)           Three years' full-time experience within

the previous 10 years teaching the subject matter of the course; or

(4)           Education or experience or both found by

the Board to be equivalent to one or more of the above standards.

(b)  If the subject matter of the course deals directly with

conducting a home inspection according to the Standards of Practice and Code of

Ethics in 11 NCAC 08, Section 1100, then the instructor shall also possess a

current home inspector license issued by the Board.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1323             ELECTIVE COURSE CREDIT HOURS

The elective course approval issued to a course sponsor

shall include the number of credit hours of continuing education credit that

may be awarded for the course.  The maximum number of credit hours that may be

awarded for an elective course is four credit hours.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1324             REQUEST FOR VIDEO OF AN ELECTIVE

COURSE

When concerns about the quality of a course or instructor

are made known to the Board, upon the written request of the Board, the sponsor

of an approved elective course shall submit to the Board a video depicting the

course being taught by a particular instructor designated by the Board.  The

video shall have been made within 12 months before the date of submittal, shall

include a label that clearly identifies the instructor and the date of the video

presentation, shall not be the same video that was submitted under Rule

.1314(d) of this Section, and shall conform to technical specifications set

forth in Rule .1314(d) of this Section.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1325             sTUDENT FEES FOR ELECTIVE COURSES

A sponsor of an elective course may establish the amount of

the fee to be charged to students taking the course.  The established fee shall

be an all-inclusive fee, and no separate or additional fee may be charged to

students for providing course materials required by the Board, providing course

completion certificates, reporting course completion to the Board, or for

recouping similar routine administrative expenses.  The total amount of any

fees to be charged shall be included in any advertising or promotional

materials for the course.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1326             ELECTIVE COURSE INSTRUCTIONAL

DELIVERY METHODS

(a)  The principal instructional delivery method utilized in

elective courses shall be one or more of the following:

(1)           Personal teaching by an instructor in a

traditional classroom setting;

(2)           Instruction through an interactive audio

and video system that requires continuous audio communication between the

instructor and all students and that provides for monitoring and technical

support at each site where the instructor or students are located;

(3)           Instruction through an interactive

computer-based instructional program, which program provides for control of

student progress through the educational materials by testing to assure student

mastery of the subject matter at the end of each lesson, monitoring of time

devoted to each lesson by the computer with automatic program shutdown after a

period of non-activity by the student, which period shall be determined by the

sponsor, and a monitoring system that assures that the student receiving continuing

education credit for completing the program actually performed all the work

required to complete the program; and

(4)           Personal teaching by an instructor in a

field setting, such as a house or other structure, a new home construction

site, a home renovation site, or other locations outside of a classroom that

are appropriate for the subject matter of the course.

(b)  The use of passive or non-interactive instructional

delivery systems such as video, remote non-interactive television, or similar

systems may be employed only in a limited manner to enhance or supplement one

of the acceptable instructional delivery methods previously described in this Rule. 

No portion of a course may consist of correspondence instruction.

(c)  A field setting shall have technical support at each

site where the instructor and students are located, and have safeguards in

place to prevent injury to the students, such as hardhats. A field setting

shall not be at the residence of the instructor, course sponsor, or any other person

affiliated with the course.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002;

Amended Eff. January 1, 2011.

 

11 NCAC 08 .1327             GENERAL SPONSOR ELIGIBILITY

REQUIREMENTS

Any person is eligible to seek approval as a sponsor of

continuing education courses, provided that the person seeking approval of a

continuing education elective course is either the owner of the proprietary

rights to the course or has lawfully acquired from the course owner the right

to seek course approval from the Board and to conduct the course.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1328             sPONSOR NAME

(a)  The official name to be used by any course sponsor in

connection with the offering of an approved continuing education course shall

clearly distinguish the sponsor from any other previously approved continuing

education course sponsor.  Unless the sponsor is a licensed private home

inspector training school proposing to operate continuing education courses in

its own name, the official name also shall clearly distinguish the sponsor from

any licensed private home inspector training school.  The Board shall not

approve a sponsor name that does not comply with this paragraph. 

(b)  Any advertisement or promotional material used by an

approved course sponsor shall include the course sponsor's official name only.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1329             SPONSOR ADVANCE APPROVAL REQUIRED

A prospective sponsor of an update course or elective course

shall obtain written approval from the Board to conduct the course before

offering or conducting the course and before advertising or otherwise

representing that the course is approved for continuing education credit in

North Carolina.  No retroactive approval to conduct an update course shall be

granted for any reason.  Retroactive approval of an elective course shall be

granted by the Board if the course sponsor can provide evidence to the Board

that the course was not offered for purposes of satisfying the home inspector

continuing education requirement and that the sponsor could not reasonably have

been expected to anticipate that students would want to receive continuing

education credit for the course.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1330             CONTINUING EDUCATION COORDINATOR

A sponsor of an update course or elective course shall

designate one person to serve as the continuing education coordinator for all

Board-approved continuing education courses offered by the sponsor.  The

designated coordinator shall serve as the official contact person for the

sponsor and shall be responsible for the following:

(1)           Supervising the conduct of attendees at the

sponsor's Board-approved continuing education courses;

(2)           Signing the course completion certificates provided

by the sponsor to licensees completing courses; and

(3)           Submitting to the Board all required fees, rosters,

reports, and other information.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1331             COURSE COMPLETION REPORTING

(a)  Course sponsors shall prepare and submit to the Board

reports verifying completion of a continuing education course for each licensee

who satisfactorily completes the course according to the criteria in Rule .1305

of this Section and who desires continuing education credit for the course. 

The reports shall be completed on forms prescribed by the Board.  Sponsors

shall submit these reports to the Board in a manner that will assure receipt by

the Board within 15 calendar days following the course, but in no case later

than September 10 for courses conducted before that date.

(b)  Course sponsors shall  provide licensees enrolled in

each continuing education course an opportunity to complete an evaluation of

each approved continuing education course on a form prescribed by the Board. 

Sponsors shall submit the completed evaluation forms to the Board along with

the reports that verify completion of a continuing education course .

(c)  Course sponsors shall provide each licensee who

satisfactorily completes an approved continuing education course according to

the criteria in Rule .1305 of this Section a course completion certificate on a

form prescribed by the Board.  Sponsors shall provide the certificates to

licensees within 15 calendar days following the course, but in no case later

than September 10 for any course completed before that date.  The certificate

may be retained by the licensee as proof of having completed the course.

(d)  When a licensee does not comply with the participation

standards in Rule .1347 of this Section, the course sponsor shall advise the

Board of this matter in writing at the time the sponsor submits the reports

verifying completion of continuing education for the course.  The sponsor who

determines that a licensee failed to comply with either the Board's attendance

or student participation standards in Rules .1305 and .1347 of this Section

shall not provide the licensee with a course completion certificate nor shall

the sponsor include the licensee's name on the reports verifying completion of

continuing education.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1332             PER STUDENT FEE

Following completion of any approved continuing education

update or elective course, the course sponsor shall submit to the Board, along

with the roster and the items required to be submitted by Rule .1331 of this

Section, a fee in the amount of five dollars ($5.00) per credit hour for each

licensee who completes the course according to the criteria in Rule .1305 of

this Section.  Fees shall be paid to the Home Inspector Licensure Board.  The

sponsor shall make a separate fee payment for each separate class session.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. December 4, 2002;

Amended Eff. February 1, 2011; October 1, 2010.

 

11 NCAC 08 .1333             CHANGE IN SPONSOR OWNERSHIP

The approval granted to a course sponsor may be transferred

to a new or different person only with the prior approval of the Board.  The

Board shall approve the transfer if the transferee satisfies the requirements

of the rules in this Section.  If the ownership of an approved course sponsor

is to be sold or otherwise changed, the sponsor shall obtain Board approval of

the ownership change.  The Board shall approve the ownership change if the

proposed new owner satisfies the requirements of the rules in this Section.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1334             SPONSOR CHANGES DURING APPROVAL

PERIOD

(a)  Course sponsors shall give prior written notice to the

Board in writing of any change in business name, continuing education

coordinator, address, or business telephone number.

(b)  Course sponsors shall obtain prior approval from the

Board for any proposed changes in the content or number of hours for elective

courses.  The Board shall approve the changes if the changes satisfy the

requirements of the rules in this Section.  Changes in course content that are

solely for the purpose of assuring that information provided in a course is

current and accurate do not require approval during the approval period, but

shall be reported at the time the sponsor requests renewal of course approval. 

Requests for approval of changes shall be in writing.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1335             COURSE RECORDS

All course sponsors shall retain records of student

registration, attendance, and course completion for each session of a

continuing education course for two years.  All course sponsors shall make

these records available to the Board upon request.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1336             RENEWAL OF COURSE AND SPONSOR

APPROVAL

(a)  Board approval of all continuing education elective

courses and of update course sponsors expires on the next September 30

following the date of issuance.  In order to assure continuous approval,

renewal applications shall be accompanied by the renewal fee and filed on a

form provided by the Board on or before July 31 of each year.  Any incomplete

renewal application received on or before July 30 that is not completed within

10 days after notice of the deficiency, as well as any renewal application

received after July 31, shall not be accepted; and the sponsor shall file an

application for original approval on or after October 1 in order to be

reapproved.  Applicants for renewal of approval shall satisfy the criteria for

original approval. When the Board issues original course or sponsor approval

with an effective date between July 1 and September 10, the deadline for

submittal of renewal applications shall be September 10 of the year in which

the original approval is issued.

(b)  The fee for renewal of Board approval shall be

seventy-five dollars ($75.00) for each elective course.  Fees shall be paid to

the Home Inspector Licensure Board and are nonrefundable.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002;

Amended Eff. February 1, 2011.

 

11 NCAC 08 .1337             DENIAL OR WITHDRAWAL OF APPROVAL OF

COURSE OR COURSE SPONSOR

(a)  The Board shall deny or withdraw approval of any course

or course sponsor upon finding that:

(1)           the course sponsor has made any false

statements or presented any false information in connection with an application

for course or sponsor approval or renewal of the approval;

(2)           the course sponsor or any official or

instructor employed by or under contract with the course sponsor has refused or

failed to comply with any of the provisions of this Section;

(3)           the course sponsor or any official or

instructor employed by or under contract with the course sponsor has provided

false or incorrect information in connection with any reports the course

sponsor is required to submit to the Board;

(4)           the course sponsor has engaged in a pattern

of consistently canceling scheduled courses;

(5)           the course sponsor has knowingly paid fees

to the  Board with a check that was dishonored by a bank;

(6)           an instructor employed by or under contract

with the course sponsor fails to conduct approved courses in a manner that

demonstrates possession of the teaching skills described in Rule .1345 of this

Section;

(7)           any court of competent jurisdiction has

found the course sponsor or any official or instructor employed by or under

contract with the course sponsor to have violated, in connection with the

offering of continuing education courses, any applicable federal or state law

or regulation prohibiting discrimination on the basis of disability, requiring

places of public accommodation to be in compliance with prescribed

accessibility standards, or requiring that courses related to licensing or

certification for professional or trade purposes be offered in a place and

manner accessible to persons with disabilities;

(b)  If a licensee who is an approved course sponsor or an

instructor employed by or under contract with an approved course sponsor

engages in any dishonest, fraudulent, or conduct inconsistent with the Rules in

this  Section in connection with the licensee's activities as a course sponsor

or instructor, the licensee shall be subject to disciplinary action pursuant to

G.S. 143-151.56.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1338             SCHEDULING

Courses shall be scheduled and conducted in a manner that

limits class sessions to a maximum of eight classroom hours in any given day,

including breaks for each class session.  The maximum permissible class session

without a break is 90 minutes.  Courses scheduled for more than four hours in

any given day shall include a meal break of at least one hour.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1339             MINIMUM CLASS SIZE

The minimum class size for any session of an approved

continuing education course shall be five students, as determined by the

sponsor's preregistration records. The minimum class size requirement shall not

apply to class sessions when the sponsor notifies the Board in writing of the

scheduled class session as provided in Rule .1340 of this Section and

advertises in advance the scheduled class session in the community where the

class session is to be held.  A sponsor who conducts a class session for fewer

than five students shall submit a copy of the advertisement for the class

session with the reports verifying completion of the course plus a statement or

other documentation indicating the date of the advertisement and the

advertising method.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1340             NOTICE OF SCHEDULED COURSES

(a)  A sponsor shall provide the Board with written notice

of each scheduled course offering no later than 10 days before a scheduled

course date.  The notice shall include the name and assigned number for the sponsor,

the name and assigned number for the course, the scheduled date and time,

specific location, and name of the instructor.

(b)  A sponsor shall notify the Board of any schedule

changes or course cancellations at least five days before to the original

scheduled course date.  If a change or cancellation is necessary because of

some unforeseen circumstance, the sponsor shall notify the Board as soon as the

sponsor effects the change or cancellation.

(c)  A sponsor shall notify the Board as soon as it becomes

apparent to the sponsor that enrollment in a planned class session will exceed

100 students.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1341             ADVERTISING; PROVIDING COURSE

INFORMATION

(a)  Course sponsors shall not use advertising of any type

that is false or misleading.  If the number of continuing education credit

hours awarded by the Board for an approved elective course is fewer than the

number of scheduled hours for the course, any course advertisement or

promotional materials that indicate the course is approved for home inspection

continuing education credit in North Carolina shall specify the number of

continuing education credit hours awarded by the Board for the course.

(b)  Any flyers, brochures, or similar materials used to

promote a continuing education course shall clearly describe the fee to be

charged and the sponsor's cancellation and fee refund policies.

(c)  A course sponsor of any elective course shall, upon

request, provide any prospective student a description of the course content.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1342             CLASSES OPEN TO ALL LICENSEES

All class sessions of approved continuing education courses

shall be open to all licensees on a first-come, first-served basis.  The

sponsor of a course that has a bona fide education or experience prerequisite

may refuse admission to a licensee who does not satisfy the prerequisite. A

sponsor may contract with an organization such as a home inspection firm,

franchise, or trade organization to conduct approved continuing education

courses for licensees affiliated with the firm, franchise, or organization. 

The sponsor shall allow licensees not affiliated with the firm, franchise, or

organization to enroll in any class session on a first-come, first-served

basis.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1343             CLASSROOM FACILITIES

A classroom in which a course is provided shall:

(1)           accommodate all enrolled students;

(2)           be equipped with student desks, worktables with

chairs, or other seating having a surface on which students can write;

(3)           have light, heat, cooling, ventilation, and, as

needed, a public address system; and

(4)           be free of

distractions that would disrupt class sessions.

Subparagraphs (2) and (3) of this Rule are not required if

the course is conducted in a field setting.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1344             STUDENT CHECK-IN

Upon initially checking in for a class session, sponsors and

instructors shall require licensees to provide their license numbers and shall

provide each student with a copy of the continuing education student

information sheet provided to sponsors by the Board.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1345             INSTRUCTOR REQUIREMENTS

(a)  Instructors shall assure that class sessions are

started on time and are conducted for the full amount of time that is

scheduled.  Instructors shall also assure that each update course is taught

according to the instructor guide provided by the Board and that each elective

course is taught according to the course plan and instructor guide that was

approved by the Board, including the furnishing of appropriate student

materials.

(b)  Instructors shall possess the ability to:

(1)           Communicate

through speech, with the ability to speak clearly, and with voice inflection,

using proper grammar, and vocabulary;

(2)           Present

instruction in a thorough, accurate, logical, orderly and understandable

manner;

(3)           Use

varied instructional techniques in addition to straight lecture, such as class

discussion, role-playing, or other techniques;

(4)           Use

instructional aids, such as the overhead projector, to enhance learning; and

(5)           Interact

with adult students in a positive manner that encourages students to learn,

that demonstrates an understanding of varied student backgrounds, that avoids

offending the sensibilities of students, and that avoids personal criticism of

any other person, agency or organization.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1346             MONITORING ATTENDANCE

(a)  Sponsors and instructors shall monitor attendance for

the duration of each class session to assure that all students reported as

satisfactorily completing a course according to the criteria in Rule .1305 of

this Section have attended at least 90 percent of the scheduled credit hours. 

Students shall not be admitted to a class session after 10 percent of the

scheduled credit hours have been conducted.  A student shall not be allowed to

sign a course attendance roster report, shall not be issued a course completion

certificate, and shall not be reported to the Board as having completed a

course unless the student fully satisfies the attendance requirement.  Sponsors

and instructors shall not make any exceptions to the attendance requirement for

any reason.

(b)  Sponsors shall assure that personnel in addition to the

instructor are present during all class sessions to assist the instructor in

monitoring attendance and performing the necessary administrative tasks associated

with conducting a course.  Sponsors shall provide one monitor for every 50

students attending a course.  If a class size is 20 students or less,

requirements for additional personnel are waived.

 

History Note:        Authority G.S. 143-151.49(13); 143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1347             STUDENT PARTICIPATION STANDARDS

(a)  In addition to requiring student compliance with the

attendance requirement, sponsors and instructors shall require that students

comply with the following student participation standards:

(1)           A student shall direct his or her attention

to the instruction being provided and refrain from engaging in activities

unrelated to the instruction.

(2)           A student shall refrain from engaging in

any activities that are distracting to other students or the instructor, or

that otherwise disrupt the orderly conduct of a class.

(3)           A student shall comply with all

instructions provided by the sponsor or instructor related to providing

information needed to properly report completion of a course by the student.

(b)  Instructors and sponsors may dismiss from a class

session any student who fails to comply with the student participation

standards prescribed in Paragraph (a) of this Rule.

(c)  Sponsors shall not issue a course completion

certificate to any student who fails to comply with the student participation

standards set forth in Paragraph (a) of this Rule, nor shall a sponsor include

the name of that student on a report verifying completion of a continuing

education course.  A sponsor shall submit to the Board with the report for the

class session a written statement that includes the name and license number of

the student for whom the sponsor does not report course credit, details

concerning the student's failure to comply with the student participation

standards, and names of other persons in attendance at the class who witnessed

the student's conduct.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1348             SOLICITATION OF STUDENTS

Sponsors and instructors may make available for purchase by

students materials that belong to the sponsor, instructor, or some other party;

however, class time may not be used to promote or sell any materials or to

solicit affiliation or membership in any business or organization.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1349             CANCELLATION AND REFUND POLICIES

Course sponsors shall administer course cancellation and fee

refund policies in a non-discriminatory manner.  If a scheduled course is

canceled, a sponsor shall notify preregistered students of the cancellation. 

All prepaid fees received from preregistered students shall be refunded within

30 days after date of cancellation or, with the student's permission, applied

toward the fees for another course.

 

History Note:        Authority G.S. 143-151.49(13); 143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1350             COURSE MONITORS

A course sponsor shall admit an authorized representative of

the Board to monitor any continuing education class without prior notice.  A

Board representative shall not be required to register or pay any fee and shall

not be reported as having completed the course.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Eff. July 18, 2002.

 

11 NCAC 08 .1351             ACCOMMODATIONS FOR PERSONS WITH

DISABILITIES

Course sponsors may deviate from Board rules concerning the

conduct of continuing education courses, such as rules addressing classroom

facilities, minimum class size, and instructional methods, as may be necessary

in order for the sponsor to comply with the Americans with Disabilities Act or

other laws requiring sponsors to accommodate persons with disabilities.  A

sponsor providing a special accommodation for a licensee with a disability that

requires the sponsor to deviate from Board rules shall notify the Board in

writing of the accommodation at the time reports are submitted for the class

session attended by the licensee.

 

History Note:        Authority G.S. 143-151.49(13);

143-151.64;

Amended Eff. July 18, 2002.

 

SECTION .1400 - MANUFACTURED HOUSING BOARD CONTINUING

EDUCATION

 

11 NCAC 08 .1401             DEFINITIONS

As used in this Section:

(1)           "Board" means the North Carolina

Manufactured Housing Board, as defined in G.S. 143-143.9(1).

(2)           "CE Administrator" means a person designated

by the Board to receive all applications for course approval, course reports,

course application and renewal fees, on behalf of the Board for the CE program.

(3)           "Continuing education" or "CE"

means any educational activity approved by the Board to be a continuing

education activity.

(4)           "Course" means a continuing education

course directly related to manufactured housing principles and practices or a

course designed and approved for licensees.

(5)           "Credit hour" means at least 50 minutes

of continuing education instruction.

(6)           "Distance education course" or "distance

learning course" means a continuing education course approved by the Board

in which instruction is accomplished through the use of media whereby teacher

and student are separated by distance and sometimes by time.

(7)           "Licensee" means a manufactured housing

salesperson or set-up contractor who holds a license issued by the Board in

accordance with G.S. 143-143.11, but does not include a licensed manufacturer

or dealer.

(8)           "Qualifier" means the person or persons

having passed the written Set-Up Contractor's Examination as administered by

the Board and authorized in G.S. 143-143.11(h), and as defined in 11 NCAC 08

.0912(e), or a person who meets the requirements of 11 NCAC 08 .0912(e) and is

designated by a licensee to obtain CE credits.

(9)           "Sponsor" means an organization or

individual who has submitted information to the Board as specified in this

Section and has been approved by the Board to provide instruction for the

purpose of CE.

(10)         "Staff" means designated employees of the

Manufactured Building Division of the Department of Insurance who are

authorized to act on behalf of the Board with regard to continuing education

matters.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002;

Amended Eff. May 1, 2004.

 

11 NCAC 08 .1402             CE COURSES -- GENERAL

(a)  Credit shall be given only for courses that have been

approved by the Board.  No other continuing education hours for other State

occupational licenses shall be used by a licensee to satisfy the continuing education

requirements in this Section.

(b)  The Board may award CE credit for a course or related

educational activity that has not been approved in accordance with 11 NCAC 08

.1405(c).  Licensees who wish to have the Board consider an unapproved course or

educational activity for possible CE credit shall provide documentation to the

Board consisting of not less than the information required in 11 NCAC 08

.1405(a), together with a fee of fifty dollars ($50.00) for each course or

educational activity to be reviewed. Fees shall be paid by check, money order,

VISA, or MasterCard, made payable to the North Carolina Manufactured Housing

Board, and are nonrefundable.

(c)  The minimum credit hours that a licensee must obtain

during the license year before renewal are as follows: 

Salespersons -- six credit hours;

Set-up Contractors -- four credit

hours.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1403             SPONSOR ADVANCE APPROVAL REQUIRED

A prospective sponsor of a CE course shall obtain written

approval from the Board according to these Rules to conduct the course before

offering or conducting the course and before advertising or otherwise

representing that the course is or may be approved for continuing education

credit in North Carolina.  No retroactive approval to conduct a CE course shall

be granted by the Board for any reason.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1404             SPONSOR NAME

(a)  The official name to be used by any course sponsor in

connection with the offering of an approved CE course shall clearly distinguish

the sponsor from any other previously approved CE course sponsor.

(b)  Any advertisement or promotional material used by an

approved course sponsor shall include the course sponsor's official name only.

(c)  Violations of this Section may result in revocation of

course approval.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1405             ACCREDITATION STANDARDS

(a)  Prospective sponsors of CE courses shall apply for

approval from the Board by submitting the following information to the Board

for consideration:

(1)           The nature and purpose of the course;

(2)           The course objectives or goals;

(3)           The outline of the course, including the

number of training hours for each segment;

(4)           Copies of all handouts and materials to be

furnished to students;

(5)           The identity, qualifications, and

experience of each instructor; and

(6)           Inclement weather policies for courses

conducted outdoors.

(b)  A nonrefundable fee of one hundred fifty dollars

($150.00), in the form of check, money order, VISA, or MasterCard, payable to

the North Carolina Manufactured Housing Board, must be received by the Board

for each course submitted for approval.  The Board will not review a

prospective course application before receiving the fee.

(c)  To determine if a course will receive approval, the

Board shall complete the following review:

(1)           The course shall be referred to the staff

for review;

(2)           The staff shall review the course to

determine if the course is pertinent to the industry, if the course meets its

stated objectives, and if the instructor(s) meets the requirements of 11 NCAC

08 .1418; and

(3)           The staff shall issue written documentation

of approval to the course sponsor, with copies to the Board, for all courses

deemed to be acceptable.  A written report shall be issued to the course

sponsor for all courses found not to be acceptable, documenting specific

reasons for the disapproval.  A course sponsor may appeal the staff's

disapproval of a course to the Board and be heard at the next scheduled meeting

of the Board. 

(d)  Once a course has been approved, neither the content of

the course nor any handouts or any teaching aids may be changed without prior

written approval from the staff.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

143-143.25;

Eff. August 1, 2002.

 

11 NCAC 08 .1406             CE COURSE SUBJECT MATTER

(a)  CE courses shall help assure that licensees possess the

knowledge, skills, and competence necessary to function as manufactured home

salespersons or set-up contractors in a manner that protects and serves the

public interest.  The knowledge or skills taught in a CE course shall enable

licensees to better serve manufactured home consumers and the subject matter

shall be directly related to manufactured home sales and set-up operations. 

(b)  If there are unique North Carolina laws, codes, rules,

customary practices, or approved methods that are relevant to a topic being

addressed in a CE course, and if the course is to be conducted in North

Carolina or primarily for the benefit of North Carolina licensees, then the

course shall accurately and completely address such North Carolina laws, codes,

rules, customary practices, or approved methods.

(c)  Instructors shall not communicate any misinformation

about or contradiction of any statute, court decision, administrative rule, or

order that has been issued by the Board.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1407             SCHEDULING

Courses shall be scheduled and conducted in a manner that

limits class sessions to a maximum of eight classroom hours in any given day,

including breaks for each class session.  The maximum permissible class session

without a break is 90 minutes.  Courses scheduled for more than four hours in

any given day shall include a meal break of at least one hour.  The provisions

of this rule do not apply to distance learning courses.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002;

Amended Eff. May 1, 2004.

 

11 NCAC 08 .1408             NOTICE OF SCHEDULED COURSES

(a)  A sponsor shall provide the Board with written notice

of each scheduled course offering not later than 10 days before a scheduled

course date.  The notice shall include the name and assigned number for the

sponsor, the name and assigned number for the course, the scheduled date and

time, specific location, and name of the instructor(s).

(b)  A sponsor shall notify the Board of any schedule

changes or course cancellations at least five calendar days before the original

scheduled course date.  If a change or cancellation is necessary because of

some unforeseen circumstance, the sponsor shall notify the Board as soon as the

sponsor effects the change or cancellation.

(c)  A sponsor shall notify the Board as soon as it becomes

apparent to the sponsor that enrollment in a planned class session will exceed

100 students.

(d)  Distance learning courses shall be advertised in

accordance with 11 NCAC 08 .1409 and shall be posted on the North Carolina

Department of Insurance website.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002;

Amended Eff. May 1, 2004.

 

11 NCAC 08 .1409             ADVERTISING and PROVIDING COURSE

INFORMATION

(a)  Course sponsors shall not use advertising of any type

that is false or misleading.  If the number of CE credit hours awarded by the

Board for an approved CE course is less than the number of scheduled hours for

the course, any course advertisement or promotional materials that indicate the

course is approved for CE credit shall specify the number of CE credit hours

awarded by the Board for the course.

(b)  Any flyers, brochures, or other medium used to promote

a CE course shall clearly describe the fee to be charged and the sponsor's

cancellation and fee refund policies.  Such policies shall be in accordance

with 11 NCAC 08 .1411.

(c)  A sponsor of a CE course shall, upon request, provide

any prospective student with a description of the course content.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1410             SOLICITATION OF STUDENTS

Sponsors and instructors may make available for purchase by

students unapproved materials, pamphlets, and brochures that belong to the

sponsor, instructor, or some other person.  However, class time shall not be used

to promote or sell any materials or to solicit affiliation or membership in any

business or organization.  Unapproved materials shall not be used as teaching

aids during the class.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1411             CANCELLATION AND REFUND POLICIES

Course sponsors shall administer course cancellation and fee

refund policies in a non-discriminatory manner.  Such policies shall be clearly

defined in course advertising and information as outlined in 11 NCAC 08 .1409. 

If a scheduled course is canceled, a sponsor shall notify preregistered

students of the cancellation.  All prepaid fees received from preregistered

students shall be refunded within 30 days after the date of cancellation or,

with the student's permission, applied toward the fees for another course.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1412             DENIAL OR WITHDRAWAL OF APPROVAL OF

COURSE OR COURSE SPONSOR

The Board shall deny or withdraw approval of any course or

course sponsor upon finding that:

(1)           The course sponsor has made any false statements or

presented any false information in connection with an application for course or

sponsor approval or renewal of the approval.

(2)           The course sponsor or any official or instructor

employed by or under contract with the course sponsor has refused or failed to

comply with any of the provisions of this Section.

(3)           The course sponsor or any official or instructor

employed by or under contract with the course sponsor has provided false or

incorrect information in connection with any reports the course sponsor is

required to submit to the Board.

(4)           The course sponsor has engaged in a pattern of

consistently canceling scheduled courses.

(5)           The course sponsor has knowingly paid fees to the

Board with a check that was dishonored by a bank.

(6)           An instructor employed by or under contract with

the course sponsor fails to conduct approved courses in a manner that

demonstrates compliance with the instructor requirements described in 11 NCAC

08 .1418.

(7)           Any court of competent jurisdiction has found the

course sponsor to have violated, in connection with the offering of CE courses,

any applicable federal or state law or regulation prohibiting discrimination on

the basis of disability, requiring places of public accommodation to be in

compliance with prescribed accessibility standards, or requiring that courses

related to licensing or certification for professional or trade purposes be

offered in a place and manner accessible to persons with disabilities.

(8)           The course sponsor has failed to comply with

cancellation and refund policies as outlined in 11 NCAC 08 .1411.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1413             RENEWAL OF COURSE AND SPONSOR

APPROVAL

(a)  Board approval of all CE courses and course sponsors

shall expire one year following the date of approval.  In order to assure

continuous approval, renewal applications shall be accompanied by the

prescribed renewal fee and filed with the Board not later than 30 days prior to

the date of expiration.  Any incomplete renewal application received 30 days or

more prior to the date of expiration that is not completed within 10 days after

notice of the deficiency, as well as any renewal application received less than

30 days prior to the date of expiration, shall not be accepted.  For renewal

applications received less than 30 days prior to the date of expiration, the

sponsor shall file an application for original approval in accordance with 11

NCAC 08 .1405 on or after July 1 in order to be reapproved.  Fees as prescribed

in 11 NCAC 08 .1405 shall apply for all such reapprovals.

(b)  The fee for renewal of Board approval shall be

seventy-five dollars ($75.00) for each CE course for sponsors meeting the

deadlines specified in Paragraph (a) of this Rule.  Fees shall be paid by

check, money order, or Visa / MasterCard made payable to the North Carolina

Manufactured Housing Board and are nonrefundable.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1414             SPONSOR CHANGES DURING APPROVAL

PERIOD

(a)  Course sponsors shall give prior written notice to the

Board in writing of any change  in business name, Continuing Education

Coordinator, address, or business telephone number.

(b)  Course sponsors shall obtain prior approval from the

Board for any proposed changes in the content or number of hours for CE

courses. The Board shall approve the changes if they satisfy the accreditation

requirements of 11 NCAC 08 .1405.  Changes in course content that are solely

for the purpose of assuring that information provided in a course is current,

such as code amendments, changes in regulations, etc., need not be reported

until the time the sponsor requests renewal of course approval as specified in

11 NCAC 08 .1413.  Requests for approval of changes shall be in writing.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1415             CE REQUIREMENTS

(a)  In order to renew an active manufactured housing

salesperson or set-up contractor  license for license periods beginning on or

after July 1, 2003, and in accordance with G.S. 143-143.11B(a), a licensee

shall have completed the number of credit hours specified in this Paragraph, by

June 30 of  the previous license year.  Salespersons shall complete six credit

hours and set-up contractors shall complete four credit hours.  If a licensee

exceeds the number of credit hours specified in this Paragraph, the excess

credit hours may be carried forward into the next license year, but the number

of carry over credit hours may not exceed the number specified in this

Paragraph.  In addition to the specific requirements stated in this Rule, a Law

and Administration course consisting of at least six hours of continuing

education for salespersons and at least four hours of continuing education for

set-up contractors shall be required to be taken for continuing education

credit at least once in every five year period beginning July 1, 2004.  In

license periods in which a salesperson or set-up contractor takes an approved

Law and Administration course, no additional courses shall be required during

that license period.  All Law and Administration courses taken for credit shall

be submitted to and approved by the Board in accordance with 11 NCAC 08 .1405

and 11 NCAC 08 .1433.

(b)  For set-up contractors originally licensed on or after

July 15, 1999, the person obtaining the required credit hours must be a

qualifier.  If a set-up contractor licensed on or after July 15, 1999 has more

than one qualifier, each qualifier must obtain the required number of CE

credits for the license period.  For set-up contractors originally licensed

prior to July 15, 1999, the licensee shall designate an individual, known as

the "qualifier," who is associated with the licensee and is actively

engaged in the work of the licensee for a minimum of 20 hours per week or a

majority of the hours operated by the licensee, whichever is less.  The qualifier

shall be the person who obtains CE credits on behalf of the licensee.  Each

licensee shall notify the Board in writing within 10 days after the qualifier

no longer meets the preceding requirements.  If a qualifier has obtained excess

credit hours which may be carried over into the subsequent license year, and no

longer meets the requirements of this Section, the carry over credits shall not

apply to the licensee.  If the qualifier becomes employed by another licensee

and meets the requirements of this Section, the qualifier's carry over credit

hours may by applied to the licensee with whom the qualifier is newly employed

for the current license year.  A licensee whose qualifier no longer meets the

requirements of this Section must designate another qualifier who shall obtain

the required credit hours for the subsequent license year. 

(c)  A licensee who is initially licensed on or after

January 1 in any license year is exempt from this Section for the license

period expiring on the next June 30.

(d)  A licensee who is qualified as an instructor in

accordance with 11 NCAC 08 .1418 and who serves as an instructor for an

approved CE course shall receive the maximum credits for the course taught by

the instructor that are awarded to a student for the course.  However, teaching

credit is valid for teaching an approved CE course or seminar for the first

time only.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002;

Amended Eff. May 1, 2004.

 

11 NCAC 08 .1416             CONTINUING EDUCATION COORDINATOR

Every sponsor of a CE course shall designate one person to

serve as the Continuing Education Coordinator for all Board-approved continuing

education courses offered by the sponsor.  The designated Coordinator shall

serve as the official contact person for the sponsor and shall be responsible

for the following:

(1)           Monitoring the attendance and conduct of students

in accordance with 11 NCAC 08 .1417 and 11 NCAC 08 .1419 at the sponsor's

Board-approved CE courses;

(2)           Signing the course completion certificates provided

by the sponsor to licensees completing courses; and

(3)           Submitting to the Board all required fees, rosters,

reports, and other information.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1417             MONITORING ATTENDANCE

(a)  Continuing Education Coordinators, or their designees,

shall monitor attendance for the duration of each class session to assure that

all students reported as satisfactorily completing a course have attended at least

90 percent of the scheduled classroom hours, regardless of the length of the

course.  Students shall not be admitted to a class session after 10 percent of

the scheduled classroom hours have been conducted.  A student shall not be

allowed to sign a course attendance roster report, shall not be issued a course

completion certificate, and shall not be reported to the Board as having

completed a course unless the student fully satisfies the attendance

requirement.  Sponsors and instructors shall not make any exceptions to the

attendance requirement for any reason.

(b)  Sponsors shall assure that, if necessary, adequate

personnel in addition to the instructor are present during all class sessions

to assist the instructor in monitoring attendance and performing the

administrative tasks associated with conducting a course.  Sponsors shall

assure that time required for administrative tasks does not interfere with

designated minimum instruction time.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1418             INSTRUCTOR REQUIREMENTS

(a)  Instructors shall assure that class sessions are

started on time and are conducted for the full amount of time that is

scheduled.  Instructors shall also assure that each CE course is taught

according to the course outline and plan that was approved by the Board,

including the furnishing of approved student materials.

(b)  Instructors shall possess the ability to:

(1)           Communicate through speech, with the

ability to speak clearly, and with voice inflection, using proper grammar, and

vocabulary;

(2)           Present instruction in a thorough,

accurate, logical, orderly and understandable manner;

(3)           Use varied instructional techniques in

addition to straight lecture, such as class discussion, role-playing, or other

techniques; and

(4)           Use instructional aids, such as the

overhead projector, to enhance learning.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1419             STUDENT PARTICIPATION STANDARDS

(a)  In addition to requiring student compliance with the

attendance requirement, sponsors and instructors shall require that students

comply with the following student participation standards:

(1)           A student shall direct his or her attention

to the instruction being provided and refrain from engaging in activities

unrelated to the instruction.

(2)           A student shall refrain from engaging in

any activities that are distracting to other students or the instructor, or

that otherwise disrupt the orderly conduct of a class.

(3)           A student shall comply with all

instructions provided by the sponsor or instructor related to providing

information needed to properly report completion of a course by the student.

(b)  Instructors

and sponsors may dismiss from a class session any student who fails to comply

with the student participation standards prescribed in Paragraph (a) of this

Rule.

(c)  Sponsors

shall not issue a course completion certificate to any student who fails to

comply with the student participation standards set forth in Paragraph (a) of

this Rule, nor shall a sponsor include the name of that student on a report

verifying completion of a CE course.  A sponsor shall submit to the Board with

the report for the class session a written statement that includes the name and

license number of each student for whom the sponsor does not report course

credit, details concerning the student's failure to comply with the student

participation standards, and names of other persons in attendance at the class

who witnessed the student's conduct.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1420             STUDENT FEE FOR CE COURSES

The sponsor of an approved CE course may

establish the amount of the fee to be charged to students taking the course. 

The established fee shall be an all-inclusive fee, and no separate or

additional fee may be charged to students for providing course materials as

described in 11 NCAC 08 .1405(a)(4), providing course completion certificates,

reporting course completion to the Board, or for recouping similar routine

administrative expenses.  The total amount of any fees to be charged shall be

included in any advertising or promotional materials for the course.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1421             MINIMUM CLASS SIZE

The minimum class size for any session of an approved CE

course shall be five students, as determined by the sponsor's preregistration

records. The minimum class size requirement shall not apply to class sessions

when the sponsor notifies the Board in writing of the scheduled class session

as provided in 11 NCAC 08 .1408 and advertises in advance the scheduled class

session in the community where the class session is to be held.  A sponsor who

conducts a class session for fewer than five students shall submit a copy of

the advertisement for the class session with the reports verifying completion

of the course plus a statement or other documentation indicating the date of

the advertisement and the advertising method.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1422             CLASSES OPEN TO ALL LICENSEES

All class sessions of approved CE courses shall be open to

all licensees on a first-come, first-served basis.  The sponsor of a course

that has a bona fide education or experience prerequisite may refuse admission

to a licensee who does not satisfy the prerequisite.  A sponsor may contract

with an organization such as a manufactured home set-up company, dealership, or

trade organization to conduct approved CE courses for licensees affiliated with

the organization. 

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1423             CLASSROOM FACILITIES

A classroom in which a course is provided shall:

(1)           Accommodate all enrolled students;

(2)           Be equipped with student desks, worktables with

chairs, or other seating arrangement which provides a surface whereby each student

can sit and write;

(3)           Have light, heat, cooling, and ventilation;

(4)           Have, if required, a public address system such

that all students can hear the instructor clearly;

(5)           Provide a direct, unobstructed line of sight from

each student to the instructor and all teaching aids; and

(6)           Be free of distractions that would disrupt class

sessions.

Items (2) and (3) of this Rule are not required if the

course is conducted in a field setting.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1424             STUDENT CHECK-IN

Upon initially checking in for a class session, sponsors and

instructors shall require licensees to provide their manufactured housing

salesperson license number or set-up contractor license number and qualifier

number.  Student identity shall be verified by a photo identification issued to

the student by a federal, state or local government agency.  The CE

Administrator shall verify information reported in accordance with 11 NCAC 08

.1426(a) regarding each student's license number, qualifier number, and current

license status.  Any student providing false information to a course sponsor

shall not receive CE credits for the course, shall not be entitled to a refund

of course fees, and may be subject to disciplinary action by the Board.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1425             ACCOMMODATIONS FOR PERSONS WITH

DISABILITIES

Course sponsors may deviate from Board rules concerning the

conduct of CE courses, such as rules addressing classroom facilities, minimum

class size, and instructional methods, as may be necessary in order for the

sponsor to comply with the Americans with Disabilities Act or other laws

requiring sponsors to accommodate persons with disabilities.  A sponsor

providing a special accommodation for a licensee with a disability that

requires the sponsor to deviate from Board rules shall notify the Board in

writing of the accommodation at the time reports are submitted for the class

session attended by the licensee.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1426             COURSE COMPLETION REPORTING

(a)  The Continuing Education Coordinator designated by the

sponsor in accordance with 11 NCAC 08 .1416 shall prepare and submit to the

Board reports verifying completion of a CE course for each licensee who satisfactorily

completes the course according to the criteria in 11 NCAC 08 .1417 and 11 NCAC

08 .1419.  The reports shall be submitted in the manner and format as

prescribed by this Rule.  Sponsors shall submit these reports to the attention

of the CE Administrator such that receipt by the Board within 15 calendar days

following the course is assured, but in no case later than June 1 for courses

conducted before that date.  The report shall be submitted to the attention of

the CE Administrator.  For each course taken, such report shall include a

certificate of course completion that is signed by at least one course

instructor and shall indicate the name and license number of the licensee who

completed the course, the date of course completion, and the number of credit

hours granted to the licensee.  A fee of five dollars ($5.00) per credit hour

per licensee must be provided by the sponsor with this information, and shall

be by check, money order, or Visa / MasterCard made payable to the North

Carolina Manufactured Housing Board.  The same course shall not be repeated and

reported for credit by a licensee within any three year period.  No refund of

required fees shall be issued for any course credits that are rejected for this

reason.  The sponsor shall make a separate fee payment for each separate class

session.

(b)  Course sponsors shall provide licensees enrolled in

each CE course an opportunity to complete an evaluation of each approved CE

course.  Sponsors shall submit the completed evaluation forms to the Board

along with the reports that verify completion of a CE course.  Evaluation forms

shall be reviewed to determine course problem areas and to verify compliance

with these Rules.

(c)  Course sponsors shall provide each licensee who

satisfactorily completes an approved CE course according to the criteria in 11

NCAC 08 .1417 and 11 NCAC 08 .1419 a course completion certificate.  Sponsors

shall provide the certificates to licensees within 15 calendar days following

the course, but in no case later than June 1 for any course completed before

that date.  The certificate may be retained by the licensee as proof of having

completed the course.

(d)  When a licensee does not comply with the participation

standards in 11 NCAC 08 .1419, the course sponsor shall advise the Board of

this matter in writing at the time the sponsor submits the reports verifying

completion of the course as specified in Paragraph (a) of this Rule.  The

sponsor who determines that a licensee failed to comply with either the Board's

attendance or student participation standards in 11 NCAC 08 .1417 and 11 NCAC

08 .1419 shall not provide the licensee with a course completion certificate

nor shall the sponsor include the licensee's name on the reports verifying

completion of continuing education.  Such persons shall be reported to the CE

Administrator as specified in 11 NCAC 08 .1419(c).

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1427             retention of COURSE RECORDS

All course sponsors shall retain records of student

registration, attendance, and course completion for each session of a CE course

for five years.  All course sponsors shall make these records available to the

Board upon request.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1428             REQUEST FOR VIDEO OF AN ELECTIVE

COURSE

If concerns about the quality of a course or instructor are

made known to the Board, the Board shall, through written request, require that

the sponsor of an approved CE course submit to the Board a video depicting the

course being taught by a particular instructor or instructors specified by the

Board.  If not already available, the video shall be produced at the next

scheduled course offering.  A video produced within a 12-month period preceding

the date of submittal shall be acceptable.  All videos shall include a label

that clearly identifies the instructor and the date of the video presentation,

and shall be 45-60 minutes in length.  The video shall depict a continuous

block of instruction concerning manufactured home salesperson requirements or

set-up contractor operations, shall be unedited, shall show at least a portion

of the audience, and shall have visual and sound quality sufficient to enable

reviewers to clearly see and hear the instructor.  Videos requested by the

Board shall be shipped within 10 calendar days of receiving the request or

within two weeks after course completion.  The cost of producing and shipping

such videos shall be borne solely by the course sponsor.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1429             CHANGE IN SPONSOR OWNERSHIP

The approval granted to a course sponsor may be transferred

to a new or different person, firm, or corporation only with the prior approval

of the Board.  The Board shall approve the transfer if the transferee satisfies

the accreditation requirements as specified in 11 NCAC 08 .1405.  If the

ownership of an approved course sponsor is to be sold or otherwise changed, the

sponsor shall obtain Board approval of the ownership change.  The Board shall

approve the ownership change if the proposed new owner satisfies the

requirements of the Rules in this Section. All requests for Board approval of

transfers or changes in ownership shall be in writing and shall be accompanied

by a fee of one hundred fifty dollars ($150.00).  Fees shall be paid by check,

money order, or Visa / MasterCard made payable to the North Carolina

Manufactured Housing Board and are nonrefundable.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1430             COURSE MONITORS

A course sponsor shall admit authorized representatives of

the Board to monitor any CE class without prior notice.  Board representatives

shall not be required to register or pay any fee and shall not be reported as

having completed the course.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1431             NON-RESIDENT LICENSEES AND CE

CREDITS

A non-resident licensee may obtain required CE credits as

set forth in this section.  If a non-resident licensee resides in a state

requiring continuing education for a manufactured housing license, the courses

or educational activities offered in the state of residence may be considered

by the Board for sanctioning in North Carolina on an individual course basis. 

Licensees who wish to have the Board consider courses or educational activities

offered in states other than North Carolina for possible CE credit shall

provide documentation to the Board consisting of not less than the information

required in 11 NCAC 08 .1405(a), together with a fee of fifty dollars ($50.00)

for each course or educational activity to be reviewed.  Fees shall be paid by

check, money order, or Visa/MasterCard made payable to the North Carolina

Manufactured Housing Board and are nonrefundable.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1432             NON-COMPLIANCE

If a licensee fails to complete the CE requirements

specified in these Rules by June 30 of a given license year, his or her license

shall not be renewed.  A licensee may renew at any time prior to the following

June 30, but may not operate as either a manufactured housing salesperson or

set-up contractor until such time as documentation of having completed the CE

requirements is furnished to the Board and the license has been renewed.  A

licensee who has not completed the CE requirements within one year of the

original expiration shall be required to pass written State examinations in

order to be re-licensed. 

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. August 1, 2002.

 

11 NCAC 08 .1433             DISTANCE EDUCATION COURSES

A sponsor requesting approval of a distance education course

shall comply with 11 NCAC 08 .1405.  Additionally, the proposed distance

education course shall satisfy the following criteria, as applicable:

(1)           The course shall be designed to assure that

students have defined learning objectives.  If the nature of the subject matter

is such that the learning objectives cannot be reasonably accomplished without

some direct interaction between the instructor and students, then the course

shall be designed to provide for such interaction.

(2)           A course that does not provide the opportunity for

continuous audio and visual communication between instructor and all students

during the course presentation shall utilize testing processes that assure

student mastery of the subject material.

(3)           A course that involves students completing the

course on a self-paced study basis shall be designed so that the time required

for a student of average ability to complete the course will be not less than

six hours for salespersons and four hours for set-up contractors.  The sponsor

shall utilize a system that assures that students have actually performed all

tasks required for completion and mastery of the subject material.

(4)           The sponsor shall provide technical support to

enable students to satisfactorily complete the course.

(5)           The approved course instructor(s) shall be

available to respond in a timely manner to student questions about the subject

matter of the course.  Instructors shall have training in the proper use of the

instructional delivery method utilized in the course, including the use of

computer hardware and software or other applicable equipment and systems.

(6)           The sponsor shall provide students an orientation

or information package containing all pertinent information regarding

requirements unique to completing a distance education course, including any

requirements with regard to computer hardware and software or other equipment,

and outlining in detail the instructor and technical support that will be

available when taking the course.

(7)           The sponsor shall utilize procedures that provide

reasonable assurance that the student receiving continuing education credit for

completing the course actually performed, on his or her own, all the work

required to complete the course.  For courses that involve independent study by

students, certification that the student personally completed all                required

course work shall be provided by the student to the sponsor, either by a signed

statement (on a form provided by the sponsor) or, in the case of Internet or

computer based courses, by electronic means that are indicated in the software

or on the website.  Signed course completion statements or records of

electronic certification shall be retained by the sponsor together with any

other course records required by this Section.

(8)           In addition to the information required in 11 NCAC

08 .1405, sponsors seeking approval of distance education courses must submit

to the Board a complete copy of the course in the medium that is to be

utilized, including all computer software that will be used in presenting the

course and administering tests.  If the course is to be Internet based, the

Board must be provided access to the course via the Internet and shall not be

charged a fee for such access.

(9)           All reporting of completed distance education

courses shall be in full accordance with 11 NCAC 08 .1426.  Students shall not

be reported for continuing education credit for distance education courses until

the signed form from the student or electronic certification, as described in

Item (7) of this Rule, has been received.

 

History Note:        Authority G.S. 143-143.10; 143-143.11B;

Eff. May 1, 2004.

 

SECTION .1500 - ALTERNATIVE DESIGN AND CONSTRUCTION APPEALS

 

11 NCAC 08 .1501             TIME FOR APPEAL AND DOCUMENTS

REQUIRED

Within 30 days after the date a local authority having

jurisdiction ("local authority") notifies a designer or owner-representative

that the local authority has decided that an alternative design and

construction proposed by the designer or owner-representative violates the North

Carolina State Building Code ("Code"), the designer or owner-representative

may appeal the decision in writing to the N.C. Department of Insurance,

Engineering Division, 1201 Mail Service Center, Raleigh, NC 27699-1201. The

designer or owner-representative shall provide the Engineering Division with all

construction documents pertaining to the alternative design and construction,

including supporting language, drawings, and descriptions. 

 

History Note:        Authority G.S. 143-140.1;

Eff. March 1, 2008.

 

11 NCAC 08 .1502             SERVICE ON LOCAL AUTHORITY

The designer or owner-representative shall provide the local

authority with a written notice of the appeal and copies of all documents the designer

or owner-representative provides to the Engineering Division in accordance with

Rule .1501 of this Section.  The notice of appeal and the documents shall be

sent to the local authority and the Engineering Division by certified mail,

return receipt requested. 

 

History Note:        Authority G.S. 143-140.1;

Eff. March 1, 2008.

 

11 NCAC 08 .1503             RESPONSE BY LOCAL AUTHORITY

Within five business days after the date the appeal is

received by the Engineering Division, the local authority may file a response

to the appeal with the Engineering Division at the same address in Rule .1501 of

this Section.

 

History Note:        Authority G.S. 143-140.1;

Eff. March 1, 2008.

 

11 NCAC 08 .1504             REVIEW OF LOCAL AUTHORITY DECISION

(a)  If the Engineering Division determines that the

requested alternative design and construction does not conform to the

requirements of the Code, and does not provide the equivalent level of

protection of public health, safety, and welfare prescribed by the Code, the Engineering

Division shall uphold the determination by the local authority.

(b)  If the Engineering Division determines that the

requested alternative design and construction does not conform to the

requirements of the Code, but does provide the equivalent level of protection

of public health, safety, and welfare prescribed by the Code, the Engineering

Division shall overrule the determination by the local authority. The designer

or owner-representative may then use the alternative design and construction.

 

History Note:        Authority G.S. 143-140.1;

Eff. March 1, 2008.

 

11 NCAC 08 .1505             ADMINISTRATIVE AND JUDICIAL REVIEW

A party that is aggrieved by the determination of the

Engineering Division may appeal to the Building Code Council pursuant to G.S.

143-141.

 

History Note:        Authority G.S. 143-140.1;

Eff. March 1, 2008.