Section .0100 ‑ Organization

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 50 - plumbing, heating and fire sprinkler contractors/chapter 50 rules.html
Published: 2015

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CHAPTER 50 ‑ BOARD OF EXAMINERS OF PLUMBING, HEATING AND

FIRE

SPRINKLER CONTRACTORS

 

SECTION .0100 ‑ ORGANIZATION

 

21 NCAC 50 .0101             LICENSING AUTHORITY

21 NCAC 50 .0102             PURPOSE

 

History Note:        Authority G.S. 87‑16; 87‑18;

87‑20; 87‑21(a),(b),(c); 87‑22 to 87‑26; 87‑27;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. May 1, 1989.

 

21 NCAC 50 .0103             ORGANIZATION:

OFFICERS: DUTIES

 

History Note:        Authority G.S. 87‑12 to 87‑20;

87‑27;

Eff. February 1, 1976;

Readopted Eff. September

29, 1977;

Amended Eff. May

1, 1989;

RRC Objection December 19, 2002 and rule returned to

agency on April 17, 2003.

 

21 NCAC 50 .0104             EXECUTIVE SECRETARY: OTHER PERSONNEL

 

History Note:        Authority G.S. 87‑18;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989;

Repealed Eff. August 1, 2002.

 

21 NCAC 50 .0105             MEETINGS OF BOARD: QUORUM

Regular meetings of the Board shall be held during April and

October of each year and additional meetings may be held at such other times

and places as the Board deems wise and necessary.

 

History Note:        Authority G.S. 87‑18; 87‑19;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. July 1, 1991; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0106             LOCATION OF OFFICE

The mailing address is the State Board of Examiners of

Plumbing, Heating and Fire Sprinkler Contractors, 1109 Dresser Court, Raleigh,

NC 27609.  The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

 

History Note:        Authority G.S. 87‑16; 87‑18;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. January 1, 2003; August 1, 2002; June 11,

1998; November 1, 1993; April 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive

public interest Eff. August 22, 2015.

 

21 NCAC 50 .0107             BOARD COMMITTEES

 

History Note:        Authority G.S. 87-18;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989;

Repealed Eff. January 1, 2012.

 

21 NCAC 50 .0108             RULE‑MAKING AND ADMINISTRATIVE

HEARING PROCEDURES

 

History Note:        Authority G.S. 87‑18;

Eff. August 1, 1982;

Amended Eff. October 1, 1986;

Repealed Eff. May 1, 1989.

 

 

 

 

 

SECTION .0200 ‑ FORMS

 

 

21 NCAC 50 .0201             FORMS

 

History Note:        Authority G.S. 87‑18; 87‑20;

87‑21(b); 87‑21(d); 87‑26(a),(b),(c),(d);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. August 1, 1982.

 

 

 

21 NCAc 50 .0202             OBTAINING FORMS

Forms may be obtained on request from the State Board of

Examiners of Plumbing, Heating and Fire Sprinkler Contractors, 1109 Dresser

Court, Raleigh, North Carolina, 27609, or via document download from the

Board's official website at http://www.nclicensing.org.

 

History Note:        Authority G.S. 87-18;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. January 1, 2010; January 1, 2003; June 11,

1998; April 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

section .0300 - examinations

 

21 NCAC 50 .0301             QUALIFICATIONS DETERMINED BY

EXAMINATION

(a)  In order to determine the qualifications of an

applicant, the Board shall provide a written or computer-based examination in

the following categories:

(1)           Plumbing Contracting, Class I

(2)           Plumbing Contracting, Class II

(3)           Heating, Group No. l - Contracting, Class I

(4)           Heating, Group No. 1 - Contracting, Class

II

(5)           Heating, Group No. 2 - Contracting, Class I

(6)           Heating, Group No. 3 - Contracting, Class I

(7)           Heating, Group No. 3 - Contracting, Class

II

(8)           Fuel Piping Contractor

(9)           Fire Sprinkler Installation Contractor

(10)         Fire Sprinkler Inspection Contractor

(11)         Residential Fire Sprinkler Installation

Contractor

(12)         Restricted Limited Plumbing Contractor

(13)         Fire Sprinkler Maintenance Technician

(14)         Limited Fire Sprinkler Maintenance

Technician

(15)         Plumbing Technician

(16)         Heating Group No. 1 Technician

(17)         Heating Group No. 2 Technician

(18)         Heating Group No. 3 Technician

(19)         Fuel Piping Technician

(b)  Each person being examined by the Board for a

contractor license other than a Fire Sprinkler Installation or Inspection

Contractor license shall be required to pass both the business and law part and

the technical part of the examination required by G.S. 87-21(b).

(c)  Applicants for licensure as a Fire Sprinkler

Installation Contractor must submit evidence of current certification by the

National Institute for Certification of Engineering Technologies (NICET) for

Automated Sprinkler System Layout as the prerequisite for licensure. 

Applicants for licensure as a Fire Sprinkler Installation Contractor must pass 

the business and law part of the exam administered by the Board.  Persons

licensed based upon NICET certification must maintain such certification as a

condition of license renewal.

(d)  Applicants for licensure in the Fire Sprinkler

Inspection Technician classification must pass the technical examination

offered by the Board.  The Board shall accept the results of NICET examination

resulting in Level II Certification in "Inspection and Testing of

Water-based Systems" by NICET.  Persons who obtain license as a Fire

Sprinkler Inspection Technician based on NICET certification must maintain such

certification as a condition of license renewal.

(e)  Applicants for licensure as a Fire Sprinkler Inspection

Contractor must submit evidence of Level III certification in "Inspection

and Testing of Water-based Fire Systems" by NICET in lieu of the technical

part of the Board-administered examination.  Applicants for licensure as a Fire

Sprinkler Inspection Contractor must also pass the business and law part of the

examination administered by the Board.  Contractors who obtain license by NICET

certification must maintain such certification thereafter as a condition of

license renewal.

(f)  Applicants for a license in the Limited Fire Sprinkler

Maintenance Technician classification shall obtain a license based on

maintenance experience, education and job classification set forth in Rule

.0306 and pass a test administered by the Board.

(g)  Applicants for a license as a Residential Fire

Sprinkler Installation Contractor must obtain a license based on experience set

forth in Rule .0306 and must pass the technical part of the Residential Fire

Sprinkler Installation Contractor examination.

(h)  Applicants for a license as a Plumbing, Heating or Fuel

Piping Technician must obtain a license based on experience set forth in Rule

.0306 and must pass the Class I technical and Board laws and rules parts of the

Board-administered examination related to the category for which a technician

license is sought.

(i)  Applicants who hold an active Plumbing, Heating or Fuel

Piping Technician license obtained by examination may obtain the Plumbing,

Heating or Fuel Piping Contractor license in the same category by meeting the

experience requirement listed in Rule .0306 of this Section for the specific

contractor license sought and passage of only the business portion of the

examination.

(j)  Applicants for a  license as a Restricted Limited

Plumbing Contractor shall obtain a license based on experience set forth in

Rule .0306 and shall be required to pass both the business and law part and the

technical part of the Restricted Limited Plumbing Contractor examination.

(k)  If application is made on or before 120 days from the

effective date of this Rule, applicants for Restricted Limited Plumbing

Contractor license who present a current active License from the North Carolina

Irrigation Contractor Licensing Board are not required to take the Board

administered examination, provided the applicant:

(1)           Presents evidence of passage of a locally

administered examination covering the same topics as the Board examination,

resulting in certification as a Backflow Inspector by one of the municipalities

in North Carolina, or evidence to establish 1000 hours of experience in the

maintenance, service or repair of components of plumbing systems, and

(2)           Completes a plumbing code course offered by

the Board and passes the Laws and Rules part of the examination administered by

the board.

 

History Note:        Authority G.S. 87-18; 87-21(a); 87-21(b);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. July 1, 1991; May 1, 1989; August 1, 1982;

Temporary Amendment Eff. September 15, 1997;

Amended Eff. March 1, 2005; January 1, 2004; July 1,

2003; August 1, 2002; July 1, 1998;

Emergency Amendment Eff. December 5, 2005;

Emergency Amendment Expired February 13, 2006;

Amended Eff. April 1, 2014; July 3, 2012; January 1,

2010; May 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

21 NCAC 50 .0302             ORAL EXAMINATIONS

 

History Note:        Authority G.S. 87‑18; 87‑20;

87‑21(a); 87‑21(b);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 1982;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 50 .0303             VISITORS

 

History Note:        Authority G.S. 87-18; 87-20; 87-21(a); 87-21(b);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989;

Repealed Eff. December 31, 2011.

 

21 NCAC 50 .0304             SPECIAL EXAMINATIONS

 

History Note:        Authority G.S. 87‑18; 87‑21(a);

87‑21(b);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 2000; May 1, 1989;

Repealed Eff. August 1, 2002.

 

21 NCAC 50 .0305             PASSING GRADE

Examinations provided by the Board are based upon a maximum

obtainable grade of 100 points, and a grade of 70 is required to pass.

 

History Note:        Authority G.S. 87-18; 87-21(a); 87-21(b);

93B-8;

Eff. February 1, 1976;

Readopted September 29, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0306             APPLICATIONS: ISSUANCE OF LICENSE

(a)  All applicants for licensure or examination shall file

an application in the Board office on a form available on the Board website or

by contacting the Board office.

(b)  Applicants for a plumbing or heating examination shall

present evidence at the time of application to establish two years of full-time

experience in the installation, maintenance, service or repair of plumbing or

heating systems related to the category for which a license is sought, whether

or not a license was required for the work performed. Applicants for a fuel

piping examination shall present evidence at the time of application to

establish one year of experience in the installation, maintenance, service or

repair of fuel piping, whether or not a license was required for the work

performed. Up to one-half of the experience may be in academic or technical

training related to the field of endeavor for which examination is requested. 

The Board shall prorate part-time work of less than 40 hours per week or

part-time academic work of less than 15 semester or quarter hours.

(c)  The Board shall issue a license certificate bearing the

license number assigned to the qualifying individual.

(d)  Fire Sprinkler Installation Contractors shall meet

experience requirements in accordance with NICET examination criteria.

(e)  Applicants for examination or licensure in the Fire

Sprinkler Inspection Technician classification shall submit evidence adequate

to establish that the applicant has either:

(1)           4000 hours of experience involved in

inspection and testing of previously installed fire sprinkler systems,

consistent with NFPA-25, Standard for the Inspection Testing as Maintenance of

Water-Based Fire Protection Systems of the National Fire Protection

Association, adopted by the North Carolina Building Code, which is hereby

incorporated by reference including all subsequent editions and amendments to

the document as a full-time employee of a Fire Sprinkler Inspection Contractor

or fire insurance underwriting organization;

(2)           4000 hours of experience involved in

inspection and testing of previously installed fire sprinkler systems,

consistent with NFPA 25: Standard for the Inspection, Testing, and Maintenance

of Water-Based Fire Protection Systems, which is hereby incorporated by

reference including all subsequent editions and amendments.  The document can

be accessed free of charge at http://www.nfpa.org/codes-and-standards/;

(3)           4000 hours of experience involved in

installation of fire sprinkler systems as a full-time employee of a Fire

Sprinkler Installation Contractor; or

(4)           a combination of 4000 hours of experience in

any of the categories listed in this Paragraph.

(f)  Applicants for licensure in the Fire Sprinkler

Inspection Contractor classification shall meet experience requirements in

accordance with NICET certification criteria.

(g)  Applicants for initial licensure in the Limited Fire

Sprinkler Maintenance Technician classification must submit evidence of 2000

hours experience at the place for which license is sought as a full-time

maintenance employee in facility maintenance with exposure to periodic maintenance

of fire protection systems as described in Rule .0515 of this Chapter. Applicants

who have held Limited Fire Sprinkler Maintenance Technician license previously 

are not required to demonstrate experience in addition to the experience at the

time of initial licensure, but shall submit a new application if relocating to

a new location.

(h)  Applicants for licensure in the Residential Fire

Sprinkler Installation Contractor classification must hold an active Plumbing

Class I or Class II Contractor license issued by this Board for a minimum of

two years and must document attendance at a 16 hour course approved by the

Board pursuant to the Rules in this Chapter covering NFPA 13D: Standard for the

Installation of Sprinkler Systems in One-and Two-Family Dwellings and

Manufactured Homes, which is hereby incorporated by reference including all

subsequent editions and amendments. The document can be accessed free of charge

at http://www.nfpa.org/codes-and-standards/.  Residential Fire

Sprinkler Installation Contractors must maintain a Plumbing Contractor license

as a condition of renewal of the Residential Fire sprinkler Installation

Contractor license.

(i)  Applicants for a license as a plumbing or heating technician

shall present evidence adequate to establish 3000 hours of full-time experience

in the installation, maintenance, service or repair of plumbing or heating

systems related to the category for which a technician license is sought,

whether or not a license was required for the work performed. Applicants for a

license as a fuel piping technician shall present evidence adequate to

establish 1500 hours of experience in the installation, maintenance, service or

repair of fuel piping, whether or not a license was required for the work

performed.  Up to one-half of the experience may be in academic or technical

training related to the field of endeavor for which the examination is

requested.

(j)  Applicants for a Restricted Limited Plumbing Contractor

license shall present evidence at the time of application to establish 1500

hours of full-time experience in the installation, maintenance, service or

repair of plumbing systems, whether or not a license was required for the work

performed.  Up to one-half of the experience may be in academic or technical

training related to the field of endeavor for which examination is requested. 

The Board shall prorate part-time work of fewer than 40 hours per week or

part-time academic work of less than 15 semester or quarter hours.

(k)  In lieu of the requirements of Paragraph (j) of this

Rule, applicants for a Restricted Limited Plumbing Contractor License who

present a current active License from the North Carolina Irrigation Contractor

Licensing Board may take the examination, provided the applicant demonstrates

that he or she holds certification as a Backflow Inspector from one of the

municipalities in North Carolina, or demonstrates 500 hours of experience in

the maintenance, service or repair of components of plumbing systems.

 

History Note:        Authority G.S. 87-18; 87-21(b);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. January 1, 2004; July 1, 2003; August 1,

2002; July 1, 1998; September 1, 1994;

November 1, 1993; April 1, 1991; May 1, 1990;

Temporary Amendment Eff. August 31, 2004;

Amended Eff. April 1, 2014; July 3, 2012; January 1, 2010;

June 1, 2006; March 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0307             REFUND OF DEPOSIT

The application fee for license without examination, and the

application and examination fee for an examination shall not be refunded.

 

History Note:        Authority G.S. 87‑18; 87‑21(b);

87‑22; 87‑22.1;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989;

Temporary Amendment Eff. August 31, 2001;

Amended Eff. January 1, 2010; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0308             REVIEW OF EXAMINATION

Any person who fails to pass an examination may, on written

request, review his or her examination at a time and place determined by the

Board.

 

History Note:        Authority G.S. 87-18; 87-21(b); 87-25;

93B-8(c);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 31, 2011; January 1, 2010; December

1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 ncac 50 .0309             EXPANDING SCOPE OF LICENSE

Any licensee holding a license as an individual, or a

licensee whose name appears on the certificate of license issued in the name of

a corporation, partnership, or business that has a trade name, may be examined

for the purpose of expansion of his license qualifications upon payment of the

required application and examination fee, providing that the individual meets

the requirements for licensing in the classification sought.

 

History Note:        Authority G.S. 87‑18; 87‑21(b);

87‑25;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. July 1, 1991; May 1, 1989;

Temporary Amendment Eff. August 31, 2001;

Amended Eff. January 1, 2010; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0310             APPLICATION FOR LICENSURE BY

RECIPROCITY

The Board shall grant license by reciprocity only pursuant

to reciprocal licensing agreements worked out with various states after mutual

review of the applicable licensing standards and examinations.

 

History Note:        Authority G.S. 87‑18; 87‑21(g);

Eff. November 1, 1993;

Amended Eff. January 1, 2010; August 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0311             IDENTIFICATION OF APPLICANTS

The Board may require any applicant seeking licensure to

submit proof of identification at the time of submitting the application and at

the time of the examination.  For purposes of this Rule, a valid driver's

license, an identification card issued by the Department of Motor Vehicles or a

passport shall constitute proper identification.

 

History Note:        Authority G.S. 87‑18; 87‑21(b);

Eff. November 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

SECTION .0400 ‑ GENERAL PROCEDURES

 

 

21 NCAC 50 .0401             LICENSE DISPLAY

 

History Note:        Authority G.S. 87‑18; 87‑21(e);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 50 .0402             PERMITS

(a)  A licensed contractor shall ensure that a permit is

obtained from the local Code Enforcement official before commencing any work

for which a license is required by the Board, except as set out in Paragraph

(c) of this Rule.  The contractor shall also ensure that a request for final

inspection of the work for which a license is required is made by himself, the

general contractor or the owner within 10 days of the earlier of the system

being made operational or placed in service, absent agreement with the owner

and the local Code Enforcement official.  Absent agreement with the local Code

Enforcement official the licensee is not relieved by the Board of

responsibility to arrange inspection until a certificate of compliance or the

equivalent is obtained from the local code enforcement official or the licensee

has clear and convincing evidence of his effort to obtain same.

(b)  A licensed contractor shall not allow a permit to be

obtained or his license number to appear upon a permit except for work which he

or his employees perform, over which he or a properly licensed technician will

provide general supervision until the completion of the work for which he holds

an executed contract with the licensed general contractor or property owner and

for which he receives all contractual payments.

(c)  A plumbing permit is not required for replacement of a

water heater in a one or two-family dwelling under circumstances set out in

G.S. 153A-357 or G.S. 160A-417.

(d)  The failure of a licensee to comply with the permit and

inspection obligations outlined in this Rule is considered by the Board as

evidence of incompetence or misconduct in the use of license from the Board.

 

History Note:        Authority G.S. 87-18; 87-21; 87-26;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 31, 2011; January 1, 2010; December

1, 2003; August 1, 2000; September 1, 1995; November 1, 1993; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0403             USE OF LICENSE

(a)  A licensed contractor or technician shall not permit

the use of his license by any other person.

(b)  A contractor licensed by the Board shall not bid or

contract installations requiring license of a type or classification issued by

this Board which the licensee does not have except as a part of a documented

joint venture with a licensee holding the necessary qualification.  Bidding

without qualification and with an intention to subcontract the unauthorized

work does not satisfy this requirement; provided however that, in a contract

administered pursuant to G.S. 143-129 and in which more than one classification

administered by this Board has been combined in the separate contract

specifications, a licensee of this Board holding either of such qualifications

may bid both of such classifications of work administered by this Board in

addition to the classification for which he holds license if the successful

bidder obtains an executed written contract with a qualified licensee prior to

the award of the contract by the awarding authority.

(c)  A technician licensed by this Board shall not contract

work based on the Technician license.

 

History Note:        Authority G.S. 87-18; 87-23; 87-26;

Eff. February 1, 1976;

Readopted September 29, 1977;

Amended Eff. December 31, 2011; November 1, 1993; May 1,

1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0404             ACTIVE EMPLOYMENT

(a)  In each business location, branch or facility of any

kind from which work requiring a license pursuant to G.S. 87, Article 2 is:

(1)           solicited or proposed;

(2)           from which contracts for such work are

negotiated or entered into;

(3)           from which requests for such work are

received, accepted, or dispatched; or

(4)           from which such work is carried out;

there shall be on duty the lesser of 1500 hours annually, or

all hours during which the activities described herein are carried out, at

least one individual who holds contractor license in the classification

required for the work being proposed or performed, whose license is listed in

the name of the particular firm or business at that location, and who is

engaged in the work of the firm at the business location or at firm job sites

and who has the responsibility to make, modify, terminate and set the terms of

contracts, and to exercise general supervision, as defined in Rule .0505 of

this Chapter, of all work falling within his license qualification. Evidence of

compliance shall be required as a condition of renewal or retention of license,

and falsification shall constitute fraud in obtaining license.  The standards

set forth in Rule 21 NCAC 50 .0512 shall be applied.

(b)  If a licensee uses his or her license to qualify a firm

and that licensee holds employment elsewhere, no work that requires a license may

be performed by the firm based on the qualification of that licensee during the

hours the licensee is committed or active in employment elsewhere.

(c)  A field or project office used solely to carry out an

existing contract or contracts entered into by the main license office and from

which none of the other activities in Rule .0404(a) are conducted shall not be

deemed a separate place of business or branch requiring compliance with Rule

.0404(a).

(d)  A Class A Gas Dealer as defined in G.S. 119-56 or

provider of natural gas holding certificate of public convenience and necessity

under Chapter 62 of the General Statutes shall not contract or carry out fuel

piping installations which require a license from this Board unless such Dealer

or natural gas provider employs in the particular office or branch a fulltime

bona-fide employee, who holds a Fuel Piping Technician license or Fuel Piping

Contractor license and whose license is listed in the name of the Dealer or

natural gas provider at the specific branch office consistent with Paragraph

(a) of this Rule.

 

History Note:        Authority G.S. 87-18; 87-21(a)(5);

87-21(a)(6); 87-26;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 31, 2011; January 1, 2010; January

1, 2004; August 1, 2002; August 1, 2000; July 1, 1998; July 1, 1991; May 1,

1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0405             MULTIPLE LICENSES

(a)  In order to maintain the identity of firms and allow

effective supervision, each licensed contractor or technician shall qualify

only the business location where he is primarily located.

(b)  A licensee may be listed on only one contractor license

at any given time, whether the license is issued in the name of the individual

or in the name of a firm; provided, however, that the fire sprinkler

maintenance technician qualification may be listed separately in the name of

the employer to which restricted.

(c)  The holder of qualification as a contractor may, upon

deletion of his name and qualifications from a firm license, reinstate his

personal license, either as an individual or in the name of some other

corporation, partnership, or business that has a trade name, upon compliance

with G.S. 87-26.

(d)  A technician licensee, other than the holder of a Fire

Sprinkler Maintenance Technician license, may, upon deletion of his name and

qualification from a firm license, move his qualification to another licensed

corporation, partnership or business which has a trade name, upon compliance

with G.S. 87-26.

 

History Note:        Authority G.S. 87-18; 87-21(a)(5);

87-21(a)(6); 87-26;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 31, 2011; January 1, 2010; January

1, 2004; July 1, 1998; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0406             RESPONSIBILITY OF LICENSED PERSON

EMPLOYED BY FIRM

(a)  A licensed contractor, whether individually or for a

corporation, partnership or business with a trade name, is responsible for all

proposals, bids, contracts, supervision to the extent of his qualifications,

compliance with all applicable codes and standards, and assurance that permits

and inspections are obtained.

(b)  A contract, and the responsibility imposed on a

licensed person to supervise work performed under a contract, may be assumed by

another licensed contractor upon written notice to and approval by the property

owner and local inspection department.

(c)  The contractor license number and qualification of the

firm shall be displayed on firm contracts, proposals, permit applications, and

telephone yellow page advertising.

 

History Note:        Authority G.S. 87-18; 87-26;

Eff. February 1, 1976;

Readopted Eff. September

29, 1977;

Amended Eff. December 31, 2011; January 1, 2004; August

1, 2000; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0407             CORPORATIONS, PARTNERSHIPS AND TRADE

NAMES

(a)  Licensees are required to list their license with the

Board in the name in which they conduct business.

(b)  A contractor license may be issued or renewed in the

name of a corporation, partnership or business with a trade name upon

compliance with the provisions of G.S. 87-26, verified by the execution of

forms furnished by the Board.

(c)  Additional licensees may be added to licenses issued in

the above manner upon verifications of compliance with the provisions of G.S.

87-26.  If a licensee terminates his association with a corporation,

partnership, or business with a trade name, both the firm and the licensee shall

notify the Board within 30 days.

(d)  A person who has a license which has been expired less

than three years may be added to an active license issued in the name of a

corporation, partnership or business with a trade name, upon written request,

completion of forms provided by the Board and payment of the fee set forth in

Rule .1102 of this Chapter.

(e)  The license number assigned to a corporation,

partnership, or business with a trade name shall be that of the first licensee

listed on the license.

(f)  A corporation, partnership or business with a trade

name which is issued a license is subject to the provisions of G.S. 87, Article

2 and to the rules in this Chapter.

 

History Note:        Authority G.S. 87-18; 87-22; 87-26;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 31, 2011; November 1, 1994;

November 1, 1993; July 1, 1991; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0408             CHANGE OF TRADE NAME

(a)  The trade name under which a license is issued may be

changed upon request to and approval by the Board pursuant to these Rules.  If

the Board approves the name change, the last license issued to the licensee must

be returned to the Board before the new license will be sent to the licensee.

(b)  A contractor license shall be issued or renewed using

any corporate name, partnership name, or trade name which is not substantially

similar to a name already in use according to the records of the Board.

(c)  The licensee shall notify the Board of any change in

location, telephone number, physical address or mailing address from that shown

on the last license renewal invoice within 30 days after the change takes

place.

 

History Note:        Authority G.S. 55B‑5; 87‑18;

87‑26;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. January 1, 2010; December 1, 2003; November

1, 1994; February 1, 1991; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 ncac 50 .0409             REINSTATEMENT OF EXPIRED LICENSE

An expired license may be reinstated within three years of

the date of expiration upon written request and upon payment of the current

license fee, the license fee for the unpaid prior years, the processing fee

imposed by G.S. 87‑22, and evidence of continuing education for each

prior as required by Rule .1401 herein.

 

History Note:        Authority G.S. 87‑18; 87‑22;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. April 1, 1991; May 1, 1989; August 1, 1984;

August 1, 1982;

Temporary Amendment Eff. August 31, 2001;

Amended Eff. December 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0410             RENEWAL OF LICENSES

The issuance of a license in the name of a corporation or

other entity or the transfer of the license qualification of an individual

licensee to a license in the name of a corporation or other entity through

which the individual is actively engaged in contracting, pursuant to Rules

.0405, .0407 and .0408 hereof, does not result in the expiration of the license

of the individual for purposes of re‑examination under G.S. 87‑22

if such corporate or other license is kept in force.

 

History Note:        Authority G.S. 87‑18; 87‑22;

150B‑3;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989; May 30, 1981;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0411             PUBLICATIONS

(a)  The following publications are available from the

Board:

(1)           laws applicable to plumbing, heating and fire

sprinkler contracting in the State of North Carolina;

(2)           rules of the Board; and

(3)           suggested study references for the qualifying

examinations conducted by the Board.

(b)  A Register of licensees is made available

electronically on-line at all times.

 

History Note:        Authority G.S. 87‑18;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 2002; July 1, 1991; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0412             GUIDELINES ON DISCIPLINARY ACTIONS

(a)  The provisions of G.S. 87, Article 2, the rules of the

Board and the matters referenced therein are the guidelines by which the conduct

of an entity subject to the authority of the Board are evaluated.

(b)  The Board may suspend a license or impose probation

provisions for violations of 21 NCAC 50 .0402, 21 NCAC 50 .0403, 21 NCAC 50

.0404 and 21 NCAC 50 .0405.  Repeated violations may result in revocation.

(c)  The Board may suspend a license or impose probationary

terms when a licensee fails to comply with the supervision requirements of 21

NCAC 50 .0404, 21 NCAC 50 .0406 or 21 NCAC 50 .0505.  Multiple violations

within the same proceeding may result in revocation.

(d)  The Board may suspend or revoke a license where it is

found that the licensee has failed to comply with the minimum standards of

competence as set forth in 21 NCAC 50 .0505(b).  The Board may condition the

subsequent reinstatement of license upon passing of the Board's examination or

completion of specified educational courses.  The Board may impose additional

conditions of reinstatement.

(e)  The Board may suspend or revoke the license of a

contractor where it is found that the contractor abandoned a job after

obtaining funds from the owner.

(f)  The Board may revoke the license of any licensee where

it is found that the licensee through a violation of G.S. 87, Article 2, has increased

the risk of:

(1)           exposure to carbon monoxide or other

harmful vapors,

(2)           fire, or damage resulting therefrom,

(3)           the release of sewage or methane gas, or

(4)           contamination of the potable water supply.

(g)  This Rule is not intended to limit the authority of the

Board or the variety of facts for which action is required in a particular

situation.

(h)  Any of the foregoing actions may result in a probation

period or combination of suspension and probation.  Condition of probation may

include remediation, education, reexamination, record-keeping or other

provisions likely to deter future violation or remedy perceived shortcomings.

 

History Note:        Authority G.S. 87-18; 87-23;

Eff. November 1, 1993;

Amended Eff. December 31, 2011; August 1, 2000; November

1, 1994; August 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0413             PROPOSAL, BID OR ESTIMATE

Proposal or bid within the meaning of G.S. 87-21 refers to a

firm offer or commitment to perform work, which becomes a contract upon

acceptance by a property owner or other for whom the work is to be performed,

but does not include a non-binding estimate.  

 

History Note:        Authority G.S. 87-18; 87-21;

Eff. February 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

section .0500 - POLICY STATEMENTS AND INTERPRETATIVE RULES

 

21 ncac 50 .0501             AIR CONDITIONING FURTHER DEFINED

(a)  Heating Group 2 systems are defined in G.S.

87-21(a)(3).  Multiple units serving interconnected space and aggregating more

than 15 tons are included Heating Group 2 systems in the foregoing whether or

not separately ducted or controlled.

(b)  The installation of heating and air conditioning

systems or components located in single family dwellings and systems of 15 tons

or less capacity in non-residential structures require Heating Group 3 license

except where:

(1)           heat is provided by hot water or steam in a

Heating Group 1 system, or

(2)           cooling is provided by a unitary appliance

such as a window unit in which case a license is not required.

 

History Note:        Authority G.S. 87‑18; 87‑21(a)(3);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 2000; May 1, 1989;

Temporary Amendment Eff. August 31, 2001;

Amended Eff. January 1, 2010; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0502             JOINT VENTURE

(a)  A joint venture bid or proposal may be submitted

provided the names and license numbers of those licensees who constitute the

joint venture are indicated on the proposal and, in the case of bids, on the

outside of the bid envelope.

(b)  The licensees who constitute the joint venture must

sign the contract to the extent of their qualifications and exercise general

supervision over the work until its completion.

 

History Note:        Authority G.S. 87‑18; 87‑21(a)(5);

87‑21(c);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 1, 2003;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0503             SUBMISSION OF BID

The submission of a bid to perform plumbing, heating, or

fire sprinkler work is an offer to engage in the business of plumbing, heating

or fire sprinkler contracting within the meaning of G.S. 87‑25.

 

History Note:        Authority G.S. 87‑18; 87‑25;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. April 1, 1991; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0504             MINOR REPAIRS

 

History Note:        Authority G.S. 87‑18; 87‑21(c);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 50 .0505             GENERAL SUPERVISION AND STANDARD OF

COMPETENCE

(a)  The general supervision required by G.S. 87-26 is that

degree of supervision which is necessary and sufficient to ensure that the

contract is performed in a workmanlike manner and with the requisite skill and

that the installation is made properly, safely and in accordance with

applicable codes and rules.  General supervision requires that review of the

work done pursuant to the license be performed by a licensee of the firm while

the work is in progress.  If a Plumbing, Heating or Fuel Piping Contractor

licensed by this Board employs a properly licensed Plumbing, Heating or Fuel

Piping Technician, whose Technician license is listed under the name of that

licensed contractor, then the licensed technician may review and supervise work

in lieu of the licensed contractor  as a means to assure that the contract is

performed in a workmanlike manner and with the requisite skill and that the

installation is made properly, safely and in accordance with applicable codes

and rules.

(b)  The provisions of the North Carolina Building Code,

including the provisions of codes and standards incorporated by reference, and

adopted by the Building Code Council of North Carolina are the minimum standard

of competence applicable to contractors licensed by the Board.  Licensees shall

design and install systems which meet or exceed the minimum standards of the

North Carolina State Building Code, manufacturer's specifications and

installation instructions and standards prevailing in the industry.

(c)  Work performed under Rule .0513, Rule .0514, and Rule

.0515 shall be performed by the licensed technician pursuant to the license

held by that person.

(d)  Every newly installed residential heating system, air

conditioning system or both shall be designed and installed to maintain a maximum

temperature differential of four degrees Fahrenheit room-to-room and

floor-to-floor. On multilevel structures, contractors shall either provide a

separate HVAC system for each floor or to install automatically controlled

zoning equipment for each level with individual thermostats on each level to

control the temperature for that level.  The seasonal adjustment needed to

maintain the four degrees Fahrenheit room-to-room and floor-to-floor maximum

temperature differential shall not be accomplished through the use of manual

dampers.

(e)  All licensed HVAC contractors or licensed technicians shall

perform a room-by-room load calculation for all newly installed residential

structures prior to installing heating systems, air conditioning systems, or

both, which calculations shall be specific to the location and orientation

where the HVAC system or equipment is to be installed.  A written record of the

system and equipment sizing information shall be provided to the homeowner,

owner or general contractor upon request and a copy shall be maintained in the

job file of the licensee for a minimum of six years. Load calculations shall be

performed by a licensee who holds the appropriate license from this Board, or a

licensee may utilize a load calculation carried out for this particular

structure and location by a North Carolina Licensed Professional Engineer.

(f)  When either a furnace, condenser, package unit or air

handler in an existing residential heating or air conditioning system is

replaced, the licensed HVAC contractor or licensed technician is required to

perform a minimum of a whole house block load calculation.  When a furnace,

condenser, package unit or air handler in a residential heating or air

conditioning system is replaced, the licensee shall ensure that all systems and

equipment are properly sized. The licensee may utilize industry standards,

reference materials, evaluation of the structure, and load calculations.  A

written record of the system and equipment sizing information shall be provided

to the homeowner, owner or general contractor upon request and a copy shall be

maintained in the job file of the licensee for a minimum of six years.  If a

load calculation was not performed or if a load calculation was performed and

it is later determined by the Board that the unit installed was undersized or

oversized, the installation will be considered as evidence of incompetence. 

Load calculations shall be performed by a licensee who holds the appropriate

license from this Board, or a licensee may utilize load calculations carried

out for this particular structure and location by a North Carolina Licensed

Professional Engineer.

(g)  A licensed plumbing contractor involved in installation

or replacement of a well pump or pumping equipment which includes installation

or reinstallation of a well seal shall be present on site until the well is

disinfected and sealed.

(h)  At the time of completion of initial installation and

upon any subsequent alteration, licensees who install multipurpose residential

fire sprinkler systems shall assure that the two most remote fire sprinkler

heads, as identified by the design professional who designed the system,

undergo a water flow test at the water supply delivery volume and delivery

pressure and assure that the system flows the required amount of water through

each of the tested fire sprinkler heads.  Failure to carry out the flow test or

failure of a system to provide the required volume or water when placed in

operation due to fire or otherwise shall be considered evidence of misconduct

and incompetence on the part of the installing licensee.

 

History Note:        Authority G.S. 87-18; 87-23; 87-26;

Eff. February

1, 1976;

Readopted Eff. September

29, 1977;

Amended Eff. July 3, 2012; January 1, 2010; March 1,

2005; January 1, 2004; July

1, 2003; July 1, 1991; October

1, 1989; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 ncac 50 .0506             MINOR REPAIRS AND ALTERATIONS

(a)  The connection of a factory installed and inspected

mobile home drainage system to an existing approved premises sewer system,

which premises sewer system extends from the septic tank or municipal sewer system,

constitutes a minor repair or replacement.  The connection of a factory

installed mobile home water system to an existing potable water supply on the

premises constitutes a minor repair or replacement.

(b)  The initial installation or the subsequent replacement

of any water heater in any structure requires a license in plumbing except

where installed by a property owner personally in property not intended or used

for sale or rental.

(c)  The installation of a water purification system which

interrupts the potable water supply does not constitute a minor repair or

replacement within the meaning of G.S. 87-21(c).

(d)  Any connection, repair, or alteration which requires

interruption of the potable water supply and if poorly performed creates risk

of contamination of the potable water supply is not a minor repair, replacement

or alteration.

(e)  Any connection, repair or alteration which if poorly

performed creates risk of fire or exposure to carbon monoxide, open sewage or

other gases is not a minor repair, replacement or alteration.

(f)  The failure to enumerate above any specific type of

repair, replacement or alteration shall not be construed in itself to render

said repair, replacement or alteration as minor within the meaning of G.S.

87-21(c).

(g)  A license in plumbing contracting or a license issued

pursuant to Article 7A, Chapter 87 of the General Statutes is required of a person

who installs pumps or pumping equipment, installs, breaks or reinstalls a well

seal or disinfects a well.

 

History Note:        Authority G.S. 87-18; 87-21(a)(1);

87-21(a)(5); 87-21(c); 87-98;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. November 1, 1993; May 1, 1989; April 15,

1978; February 1, 1978;

Temporary Amendment Eff. September 15, 1997;

Temporary Amendment Expired June 28, 1998;

Amended Eff. January 1, 2010; April 1, 2003;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0507             HEATING: GROUP 1 LICENSE REQUIRED

A license in heating, group No. 1 is required for the

installation or replacement of a boiler in a heating group No. 1 system.

 

History Note:        Authority G.S. 87‑18; 87‑21(a)(2);

87‑21(a)(5); 87‑21(c);

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989; August 1, 1982;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0508             HEATING: group 3 LICENSE REQUIRED

(a)  A license in heating, group No. 3 is required for the

installation or replacement of a furnace, air handler, heat pump, package unit,

ductwork or condenser in a heating, group No. 3 system.

(b)  A license in heating, group No. 3 is required to

install or replace a self‑contained fireplace unit if the unit utilizes

ducts or a blower to distribute air to areas not immediately adjacent to the

fireplace itself.

(c)  A license in heating, group No. 3 is required when air

conditioning of 15 tons or less is added to an already installed heating, group

No. 3 system. 

(d)  A heating, group No. 2 license is required for the

installation or replacement of equipment or ductwork in a Heating Group No. 2

system, unless exempted by G.S. 87-21(a)(3).

 

History Note:        Authority G.S. 87‑18; 87‑21(a)(3);

87‑21(a)(5); 87‑21(c);

Eff. February

1, 1976;

Readopted Eff. September

29, 1977;

Amended Eff. August

1, 2002; May 1, 1989; August

1, 1982;

Temporary Amendment Eff. August

31, 2001;

Amended Eff. January 1, 2010; March 1, 2005; August 1,

2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0509             PROPERTY OWNER

 

History Note:        Authority G.S. 87‑18; 87‑21(a),(b),(c);

87‑25;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. August 1, 1984.

 

 

 

21 NCAC 50 .0510             LICENSE REQUIREMENTS GENERALLY

An individual may not perform any work which is within the

scope of G.S. 87-21(a)(1), 87-21(a)(2), 87-21(a)(3), 87-21(a)(4), 87-21(a)(11),

or 87-21(b)(2), and not otherwise excluded by G.S. 87-21(c), 87-21(c1) or

87-25, for any other individual, firm, body corporate or body politic no matter

the form or arrangement of compensation unless such person has been issued the

appropriate license by the Board.

 

History Note:        Authority G.S. 87-18; 87-21(a)(5); 87-21(c);

Eff. November 1, 1993;

Amended Eff. July 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 ncac 50 .0511             FUEL PIPING

The contracting or installation of fuel piping extending

from an approved fuel source at or near the premises, to a point within the

premises, requires either Plumbing, Heating Group 1, Heating Group 2, Heating

Group 3, or Fuel Piping license regardless the nature of the system, equipment

or appliance served.  The term fuel refers to flammable gas, flammable

liquefied gas, or flammable liquid as those terms are defined in Volume V of

the North Carolina Building Code, and to combustible liquid so defined when

used in a non-residential application.  This provision does not alter the

restriction of Class II license to single family detached residential

dwellings.

 

History Note:        Authority G.S. 87-18; 87-21;

Eff. July 1, 1998;

Temporary Amendment Eff. August 31, 2001;

Amended Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 ncac 50 .0512             EMPLOYEES EXEMPTED FROM LICENSURE

(a)  An unlicensed person who is directly and regularly

employed in the ordinary course of business by a contractor licensed pursuant

to G.S. 87, Article 2 is not required to have a license and shall not be

subject to an action for injunctive relief brought by the Board.  Factors

establishing whether the individual is directly and regularly employed in the

ordinary course of business of such contractor include the following:

(1)           whether the individual is on the licensed

contractor's payroll;

(2)           whether taxes are withheld from the payment

to the individual and the contractor performs such other acts as are lawfully

required of an employer;

(3)           whether the licensed contractor exercises

control and supervision over the method, manner and details of the individual's

work; and

(4)           whether the licensed contractor, and not

the unlicensed person, is and remains obligated to the property owner or

general contractor for the work.

(b)  Persons acting as independent contractors, consultants

or subcontractors, or paid as such, are not bona fide employees.

(c)  Licensed contractors may utilize employees shared with

a labor supplier under a written contract which may allocate payroll or tax

withholding obligations to the labor supplier while reserving control,

supervision and obligation to the owner or general contractor to the licensee

of the Board, and provided the licensee upon whose qualifications the license

of the employing contractor is based remains a person meeting all four of the

indicia of employment set out in Paragraph (a) of this Rule and is not

contracted by or acting as a labor supplier.

 

History Note:        Authority G.S. 87-18; 87-25;

Eff. August 1, 2000;

Amended Eff. December 31, 2011; May 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0513             FIRE SPRINKLER INSPECTION TECHNICIAN

LICENSE

(a)  License in the Fire Sprinkler Inspection Technician

classification is required of the technician who carries out periodic

inspection of fire sprinkler systems consistent with NFPA-25.

(b)  Periodic observation and testing of systems other than

NFPA-25 system certification may be carried out by Fire Sprinkler Maintenance

Technicians licensed under Rule .0515 of this Chapter.  Insurers who carry out

inspections for the limited purpose of underwriting or rating for insurance

purposes, in situations where the physical tasks are carried out by the on-site

Fire Sprinkler Maintenance Technician licensee of the insured, are not required

to be licensed pursuant to this Rule.  All NFPA-25 reports and system tags must

display the name and signature of the licensee who performed the actual

inspection as well as the licensee number of the inspection contractor; except

that where the Fire Sprinkler Inspection Technician license is issued in the

name of a manufacturing, government, university or hospital facility as set out

in this Rule, the NFPA-25 report and system tags must display the name,

signature and license number of the Inspection Technician.

(c)  Licenses shall be issued based on experience and examination

or on experience and certification, as described in Rules .0301 and .0306 of

this Chapter and expire annually. 

(d)  The duties of fire sprinkler inspection technicians may

be carried out as employees of fire sprinkler inspection contractors or as

full-time employees at a manufacturing, government, university or hospital

facility.  Fire Sprinkler Inspection Technician licenses shall be issued and

listed either as sublicensees of fire sprinkler inspection contractors or as a

fire sprinkler inspection technician license in the name of the manufacturing,

government, university or hospital facility where the fire sprinkler inspection

technician is employed. 

 

History Note:        Authority G.S. 87-21;

Eff. January

1, 2004;

Amended Eff. January 1, 2010; March 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0514             FIRE SPRINKLER INSPECTION CONTRACTOR

LICENSE

(a)  License in the Fire Sprinkler Inspection Contractor

classification is required of persons who engage in the business of contracting

to perform or performing independent testing and inspections of fire sprinkler

systems consistent with NFPA-25.  Insurers who carry out inspections for the

limited purpose of underwriting or rating for insurance purposes, in situations

where the physical tasks are carried out by the on-site Fire Sprinkler

Maintenance technician licensee of the insured, are not required to be licensed

pursuant to this Rule.

(b)  Where the NFPA-25 inspection is carried out by a Fire

Sprinkler Inspection Contractor, the NFPA-25 report and system tags must

display the name, signature and license number of the Fire Sprinkler Inspection

Contractor.

(c)  Licenses shall be issued based on experience and

examination, as described in Rules .0301 and .0306 of this Chapter and expire

annually. 

 

History Note:        Authority G.S. 87-21;

Eff. January

1, 2004;

Amended Eff. January 1, 2010; March 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 nCAC 50 .0515             FIRE SPRINKLER MAINTENANCE

Technician LICENSE

(a)  License in the Fire Sprinkler Maintenance Technician

classification is required of the technician who carries out periodic

maintenance observation or testing of water-based fire protection systems. 

Licenses shall be issued based on experience and training, as described in

Rules .0301 and .0306 of this Chapter and expire annually.  This license is

limited to work on the systems at the locations of the employer of the licensee

for which experience was demonstrated.  Upon termination of employment at the

location for which certified, the Fire Sprinkler Maintenance Technician license

shall lapse, and a new license shall be obtained for the systems at the new

place of employment by compliance with the requirements of Rule .0306 of this

Chapter.  Insurers who carry out inspections for the limited purpose of

underwriting or rating for insurance purposes, in situations where the physical

tasks are carried out by the on-site Fire Sprinkler Maintenance Technician

licensee of the insured, are not required to be licensed pursuant to this Rule.

(b)  Persons holding a Fire Sprinkler Maintenance Technician

license may only:

(1)           Operate and lubricate hydrants and control

valves;

(2)           Adjust valve and pump packing glands;

(3)           Bleed moisture and condensation from air

compressors, air lines and dry pipe system auxiliary drains;

(4)           Clean strainers;

(5)           Check for painted, damaged or corroded

sprinklers, corroded or leaking piping and verify control valves are open;

(6)           Replace painted, corroded or damaged

sprinkler head, using identical serial numbers;

(7)           Replace missing or loose hangers;

(8)           Replace gauges;

(9)           Clean water motor gong;

(10)         Perform air compressor maintenance;

(11)         Reset dry pipe valves;

(12)         Exercise fire pumps, not including conduct

of a flow measurement test;

(13)         Perform periodic maintenance observation or

testing, not including the annual NFPA-25 inspections; or

(14)         Perform repairs other than the foregoing on

an emergency basis where necessary to restore a system to operation, provided

the holder of the Fire Sprinkler Maintenance Technician license documents his

efforts and inability to obtain the services of the holder of a license as a

Fire Sprinkler Installation Contractor prior to performing the repairs, but

obtains such services within 72 hours thereafter.

 

History Note:        Authority G.S. 87-21;

Eff. January 1, 2004;

Amended Eff. January 1, 2010; May 1, 2006; March 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0516             RESIDENTIAL FIRE SPRINKLER

INSTALLATION LICENSE

License in the Residential Fire Sprinkler Installation

Contractor classification is required of persons who engage in the business of

contracting to perform or performing the installation of multipurpose one or

two family residential water-based plumbing and fire sprinkler piping systems

consistent with NFPA-13D.  All multipurpose one or two family residential

plumbing and fire sprinkler piping systems shall be hydraulically calculated

and designed by a licensed North Carolina Fire Sprinkler Installation Contractor. 

The licensed Residential Fire Sprinkler installation contractor may also

utilize a system calculated and designed by a North Carolina licensed engineer

for each specific installation.  Residential Fire Sprinkler Installation

Contractors shall perform each installation consistent with the calculation and

design.  Any single purpose residential water-based fire sprinkler system shall

be installed by a licensed Fire Sprinkler Installation Contractor.

 

History Note:        Authority G.S. 87-21;

Eff. July 1, 2010;

Amended Eff. January 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0517             PLUMBING, HEATING AND FUEL PIPING

TECHNICIAN LICENSE

(a)  The holder of license as a Heating, Group 1 Technician

shall be a full-time employee of a Heating, Group No. 1 Contractor.

(b)  The holder of license as a Heating, Group 2 Technician

shall be a full-time employee of a Heating, Group No. 2 Contractor.

(c)  The holder of license as a Heating, Group 3 Technician

shall be a full-time employee of a Heating, Group No. 3 Contractor.

(d)  The holder of license as a Plumbing Technician shall be

a full-time employee of a Plumbing Contractor.

(e)  The holder of license as a Fuel Piping Technician shall

be a full-time employee of a Fuel Piping Contractor licensee or a Class A Gas

Dealer pursuant to 21 NCAC 50 .0404(c).

 

History Note:        Authority G.S. 87-18;87-21(b);

Eff. December 31, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .0518             RESTRICTED LIMITED PLUMBING

CONTRACTOR LICENSE

Licensure in the Restricted Limited Plumbing Contractor

classification is required of persons who do not possess a license as a

plumbing contractor, but contract install, repair or replace:

(1)           exterior building sewer piping, as defined in the

North Carolina Plumbing Code, which is hereby incorporated by reference

including all subsequent editions and amendments.  The document can be accessed

at http://www.NCDOI.com/OSFM/engineering.

(2)           exterior water service piping two inch diameter or

less, as defined in the North Carolina Plumbing Code;

(3)           exterior backflow preventers connected to water

service piping two inches in diameter or less; or

(4)           water filtration systems or components of water

filtration systems that filter, treat, condition or remove impurities from

potable water by means of a fine physical barrier or membrane, a chemical

process or a biological process, and which are installed on a water

distribution line or water service piping, as defined in North Carolina State

Plumbing Code.

 

History Note:        Authority G.S. 87-18; 87-21;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

SECTION .0600 ‑ PETITIONS FOR RULES

 

 

21 NCAC 50 .0601             PETITION FOR RULEMAKING HEARINGS

21 NCAC 50 .0602             CONTENTS OF PETITION

21 NCAC 50 .0603             DISPOSITION OF PETITIONS

21 NCAC 50 .0604             NOTICE OF RULEMAKING HEARINGS

21 NCAC 50 .0605             NOTICE MAILING LIST

21 NCAC 50 .0606             ADDITIONAL INFORMATION

21 NCAC 50 .0607             REQUEST TO PARTICIPATE

21 NCAC 50 .0608             CONTENTS OF REQUEST: GENERAL TIME

LIMITATIONS

21 NCAC 50 .0609             RECEIPT OF REQUEST: SPECIFIC TIME

LIMITS

21 NCAC 50 .0610             WRITTEN SUBMISSIONS

21 NCAC 50 .0611             PRESIDING OFFICER: POWERS AND DUTIES

21 NCAC 50 .0612             STATEMENT OF REASONS FOR DECISION

21 NCAC 50 .0613             RECORD OF PROCEEDINGS

21 NCAC 50 .0614             EMERGENCY RULES

 

History Note:        Authority G.S. 87‑18; 150A‑2;

150A‑12; 150A‑12(2); 150A‑12(a),(b),(d),(e);

150A‑16; 150A‑33(5); 150A‑34(a); 150A‑43;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. August 1, 1982.

 

 

 

 

SECTION .0700 ‑ DECLARATORY RULINGS

 

 

21 NCAC 50 .0701             SUBJECTS OF DECLARATORY RULINGS

21 NCAC 50 .0702             SUBMISSION OF REQUEST FOR RULING

21 NCAC 50 .0703             DISPOSITION OF REQUESTS

21 NCAC 50 .0704             RECORD OF DECISION

21 NCAC 50 .0705             DEFINITION

 

History Note:        Authority G.S. 87‑18; 150A‑12(e);

150A‑17;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. August 1, 1982.

 

 

 

 

SECTION .0800 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

 

21 NCAC 50 .0801             RIGHT TO HEARING

21 NCAC 50 .0802             REQUEST FOR HEARING

21 NCAC 50 .0803             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 50 .0804             NOTICE OF HEARING

21 NCAC 50 .0805             WHO SHALL HEAR CONTESTED CASES

21 NCAC 50 .0806             PETITION FOR INTERVENTION

21 NCAC 50 .0807             TYPES OF INTERVENTION

21 NCAC 50 .0808             DISQUALIFICATION OF HEARING OFFICERS

21 NCAC 50 .0809             FAILURE TO APPEAR

21 NCAC 50 .0810             SIMPLIFICATION OF ISSUES

21 NCAC 50 .0811             SUBPOENAS

21 NCAC 50 .0812             FINAL DECISIONS IN ADMINISTRATIVE

HEARINGS

21 NCAC 50 .0813             PROPOSALS FOR DECISIONS

 

History Note:        Authority G.S.87‑18; 150A‑2;

150A‑2(2); 150A‑23; 150A‑23(2); 150A‑23(a);

150A‑25(a); 150A‑32; 150A‑33(5); 150A‑34(a);

150A‑43;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. August 1, 1982.

 

 

 

 

 

SECTION .0900 ‑ SPECIAL PROVISIONS ON LICENSING

 

 

21 NCAC 50 .0901             PROCEDURE IN CONTESTED CASES

21 NCAC 50 .0902             BOARD DECISION

 

History Note:        Authority G.S. 87‑18; 87‑23;

150A‑3;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Repealed Eff. August 1, 1982.

 

 

 

 

SECTION .1000 – CONTESTED CASES

 

21 NCAC 50 .1001             RIGHT TO HEARING

 

History Note:        Authority G.S. 87‑18; 150B‑38;

Eff. May 1, 1989;

Repealed Eff. August 1, 2000.

 

21 NCAC 50 .1002             REQUEST FOR HEARING

(a)  Any time an aggrieved party believes that individual's

rights, duties, or privileges have been affected by the Board's administrative

action, but has not received notice of a right to an administrative hearing,

that individual may file a request for a hearing.

(b)  Before an individual may file a request, that

individual shall exhaust all reasonable efforts to resolve the issue informally

with the Board.

(c)  Subsequent to such informal action, if still

dissatisfied, the individual shall submit a request to the Board's office, with

the request bearing the notation:  REQUEST FOR ADMINISTRATIVE HEARING.  The

request shall contain the following information:

(1)           name and address of the petitioner,

(2)           a statement of the action taken by the

Board which is challenged,

(3)           a statement of the way in which the

petitioner has been aggrieved, and

(4)           a statement of request for a hearing.

(d)  The Board shall acknowledge the request and take action

consistent with 21 NCAC 50 .1003.

 

History Note:        Authority G.S. 87-18; 150B-22; 150B-38;

Eff. May 1, 1989;

Amended Eff. December 31, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1003             GRANTING OR DENYING HEARING REQUEST

(a)  The Board

will grant a request for a hearing if it determines that the party requesting

the hearing is a "person aggrieved" within the meaning of G.S. 150B‑2(6).

(b)  The denial

of request for a hearing will be issued immediately upon decision, and in no

case later than 60 days after the submission of the request.  Such denial shall

contain a statement of the reasons leading the Board to deny the request.

(c)  Approval

of a request for a hearing will be signified by the issuing of a notice as

required by G.S. 150B‑38(b) and explained in Rule .1004 of this Section.

 

History Note:        Authority G.S. 87‑18; 150B‑11;

150B‑38;

Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 ncac 50 .1004             NOTICE OF HEARING

(a)  Hearings of the Board are commenced and conducted

consistent with G.S. 150B, Article 3A.

(b)  If the Board determines that the public health, safety

or welfare requires such action, it shall issue an order summarily suspending a

license.  Upon service of the order, the licensee to whom the order is directed

shall immediately cease the practice of plumbing, heating or fire sprinkler

contracting in North Carolina.  The Board shall give notice of hearing pursuant

to G.S. 150B, Article 3A following service of the order.  The suspension shall

remain in effect pending issuance by the Board of a final agency decision

pursuant to G.S. 150B-42.

 

History Note:        Authority G.S. 87-18; 150B-3(c); 150B-38;

Eff. May 1, 1989;

Amended Eff. December 31, 2011; August 1, 2000; April 1,

1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1005             WHO SHALL HEAR CONTESTED CASES

All administrative hearings will be conducted by the Board

or a panel consisting of a majority of the members of the Board.

 

History Note:        Authority G.S. 87-18; 150B-11; 150B-38;

150B-40;

Eff. May 1, 1989;

Amended Eff. December 31, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1006             INFORMAL PROCEDURES

(a)  The Board and party or parties may agree at a pre‑hearing

conference to simplify the hearing by: decreasing the number of issues to be

contested at the hearing; accepting the validity of proposed evidence; accepting

the findings in another case with relevance to the case at hand; or agreeing to

such other matters as may expedite the hearing.

(b)  The Board may establish a resolution committee

consisting of the Executive Director and one or two persons appointed by the

Executive Director to conduct an informal conference when it appears there may

not be a need for a formal hearing.  At least two Resolution Committee members

must be present and participate in Committee proceedings.  Any party who does

not agree with a proposal for resolution resulting from an informal conference

may notify the Board within 30 days. The matter will subsequently be heard de

novo by a majority of the Board or as otherwise provided by 21 NCAC 50 .1005,

or this Rule. If there is no objection to the proposed resolution within 30

days, the proposed resolution will be received and considered by a majority of

the Board as a recommendation by the staff, any Board member involved and the

licensee for adoption.

(c)  As a part of the contested case hearing process, the

Board may elect to conduct a summary proceeding in a contested case.  The

procedure for a summary proceeding is substantially as follows:

(1)           After issuance of a notice of hearing in

accordance with 21 NCAC 50 .1004, the matter is considered by a single board

member without a record. Each party may tender affidavits, documents and a

closing statement.  Live testimony shall not be received.

(2)           Each party may present a suggestion as to

the terms of a Recommended Order.  The board member will consider the materials

and suggestions and issue a Recommended Decision in summary proceeding. If

there is no objection within 30 days, the Recommended Order shall be received

and considered by a majority of the Board as a recommendation by the staff, any

Board member involved and the respondent for adoption.

(3)           Any party who does not agree with the

recommended decision may notify the Board within 30 days.

(d)  Any matter not resolved pursuant to the procedure in Paragraph

(b) or (c) of this Rule shall be heard de novo by a majority of the Board or as

otherwise provided by 21 NCAC 50 .1005. The de novo hearing shall be conducted

as other contested case hearings are conducted pursuant to 21 NCAC 50 .1000. 

The Board member who conducted the summary proceedings shall be disqualified

from the de novo hearing.

 

History Note:        Authority G.S. 87-18; 150B-41;

Eff. May 1, 1989;

Amended Eff. January 1, 2010; February 1, 2004; August 1,

2000; November 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1007             PETITION FOR INTERVENTION

21 NCAC 50 .1008             types of intervention

21 NCAC 50 .1009             disqualification of board members

21 NCAC 50 .1010             subpoenas

21 NCAC 50 .1011             witnesses

 

History Note:        Authority G.S. 87-18; 87-21(g); 150B-11;

150B-38; 150B-39; 150B-40;

Eff. May 1, 1989;

Repealed Eff. August 1, 2000.

 

21 NCAC 50 .1012             FINAL DECISION

In all cases

heard by the Board, the Board will issue its decision within 60 days after its

next regularly scheduled meeting following the close of the hearing.  This

decision will be the prerequisite "final agency decision" for the

right to judicial review.

 

History Note:        Authority G.S. 87‑18; 150B‑11;

150B‑38; 150B‑42;

Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1013             PROPOSALS for decision

 

History Note:        Authority G.S. 87‑18; 150B‑11;

150B‑38; 150B‑40;

Eff. May 1, 1989;

Repealed Eff. August 1, 2000.

 

21 NCAC 50 .1014             ADMINISTRATIVE HEARING PROCEDURES

(a)  The Rules establishing procedures for contested cases

adopted by the Office of Administrative Hearings as contained in Title 26,

Chapter 3 of the North Carolina Administrative Code are hereby incorporated by

reference, including subsequent amendments and editions, for contested cases 

for which the Board has authority to adopt rules under G.S. 150B-38(h). 

Provided, however, that if the case is conducted under G.S. 150B-40(b), the

presiding officer shall have the powers and duties given to the Chief Administrative

Law Judge or the presiding administrative law judge in Title 26, Chapter 3 of

the North Carolina Administrative Code and that 26 NCAC 03 .0101(2),

.0102(a)(2), .0103, .0104, .0107, .0108(b) .0109, .0124, .0125, .0126, .0128

.0130, Section .0200 and Section .0300 shall not apply.  The provisions of 26

NCAC 03.0108(a) prehearing conference are modified to require a prehearing

conference directly between counsel or the parties without participation by the

Board at least 15 days in advance of any hearing by the Board, and to exchange

all documents and witness information at that time. The provisions of 26 NCAC

03 .0113(b) are modified to authorize service of subpoenas by mail, facsimile,

or e-mail likely to result in delivery.  Copies of Title 26, Chapter 3 of the

North Carolina Administrative Code are on file in the Board's office and may be

obtained at the cost of ten cents per page.

 

History Note:        Authority G.S. 87‑18; 150B‑38;

150B‑40;

Eff. August 1, 2000;

Amended Eff December 1, 2003;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

section .1100 - FEES

 

21 NCAC 50 .1101             EXAMINATION FEES

(a)  An application to reissue or transfer a license to a

different corporation, partnership or individual name requires a fee of

twenty-five dollars ($25.00).

(b)  An application to issue or transfer a license to the

license of an existing licensee requires a fee of twenty-five dollars ($25.00).

(c)  An application for a license by examination requires a

fee of one hundred dollars ($100.00), consisting of an application fee of

twenty-five dollars ($25.00) and an examination fee of seventy-five dollars

($75.00), which is nonrefundable.  Upon passage of the examination, the license

fee set forth in 21 NCAC 50.1102 or this Rule must be paid to obtain the

license within 45 days of notification of the result of the examination, except

that anyone passing the examination after November 1 of any year may elect to

obtain a license for the following year rather than the year in which the exam

was passed.

 

History Note:        Authority G.S. 87‑18; 87‑22.1;

87-22; 87-26;

Eff. May

1, 1989;

Temporary Amendment Eff. November

17, 1989 for a period of 77 days to expire on February

1, 1990;

Amended Eff. August

1, 2000; November 1, 1993; March

1, 1990;

Temporary Amendment Eff. August

31, 2001;

Amended Eff. March 1, 2005; December 1, 2003; April

1, 2003; December 4, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1102             LICENSE FEES

(a)  Except as set out in this Rule, the annual license fee

for plumbing, heating and fuel piping contractor licenses by the Board is one

hundred thirty dollars ($130.00).

(b)  The annual license fee for a licensed individual who

holds qualifications from the Code Officials Qualification Board and is

employed full-time as a local government plumbing, heating or mechanical

inspector is twenty-five dollars ($25.00).

(c)  The initial application fee for a license without

examination conducted by the Board is thirty dollars ($30.00).

(d)  The annual license fee for a contractor or fire

sprinkler inspection technician whose qualifications are listed as the second

or subsequent individual on the license of a corporation, partnership, or

business with a trade name under Paragraphs (a) or (c) of this Rule is thirty

dollars ($30.00).

(e)  The annual license fee for a Fire Sprinkler

Installation Contractor and a Fire Sprinkler Inspection Contractor license by

this Board is one hundred thirty dollars ($130.00).

(f)  The annual license fee for a Limited Fire Sprinkler

Maintenance Technician is one hundred thirty dollars ($130.00).

(g)  The annual license fee for a Residential Fire Sprinkler

Installation Contractor is one hundred thirty dollars ($130.00).

(h)  The annual license fee for a Fire Sprinkler Inspection

Technician is one hundred thirty dollars ($130.00).

(i)  The annual license fee for all Fuel Piping Technician

licenses listed with a Class A Gas Dealer is one hundred thirty dollars

($130.00).

(j)  The annual license fee for Plumbing, Heating or Fuel

Piping Technician licensees listed under a licensed Plumbing, Heating or Fuel

Piping Contractor is sixty-five dollars ($65.00).

(k)  The annual license fee for a Restricted Limited

Plumbing Contractor is one hundred thirty dollars ($130.00).

 

History Note:        Authority G.S. 87-18; 87-21; 87-22;

Eff. May

1, 1989;

Temporary Amendment Eff. November

17, 1989 for a period of 77 days to expire on February

1, 1990;

Amended Eff. November

1, 1994; July 1, 1991; March

1, 1990;

Temporary Amendment Eff. August

31, 2001; September 15, 1997;

Amended Eff. April 1, 2014; July 3, 2012; July 1, 2010;

March 1, 2005; December 1, 2003; December 4, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1103             EXPANDING SCOPE OF LICENSE

 

History Note:        Authority G.S. 87‑18; 87‑22;

Eff. May 1, 1989;

Temporary Amendment Eff. November 17, 1989 for a period

of 77 days to expire on February 1, 1990;

Amended Eff. March 1, 1990;

Repealed Eff. August 1, 2002.

 

21 ncac 50 .1104             FEES FOR COPIES OF RECORDS AND

RETURNED CHECKS

The Board charges the following fees:

(1)           copies of license                                                                                   $20.00

(2)           abstract of license record                                                                   $25.00

per license record

                                                                                                                                search

(3)           processing fee for returned checks                                                   maximum

allowed by law

(4)           copy of Board rules                                                                            $10.00

(5)           processing fee for late renewal                                                          $25.00

(6)           Business and Project Management for Contractors                     $45.00

 

History Note:        Authority G.S. 25-3-506; 87-18; 87-22; 150B-19;

Eff. September 1, 1994;

Amended Eff. July 1, 1998; November 1, 1994;

Temporary Amendment Eff. August 31, 2001;

Amended Eff. July 1, 2010; December 1, 2003; December 4,

2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1105             ANNUAL REPORTS

The Board shall file all reports required by G.S. 93B-2 as

well as the audit required by G.S. 93B-4.  In case of untimely filing of a

report required by G.S. 93B-2, the Board shall hold in escrow any fees

collected between the filing deadline and the filing date.  Issuance of licenses,

renewals and application processing shall continue during any interval created

by the untimely filing of a report required by G.S. 93B-2.

 

History Note:        Authority G.S. 93B-2;

Eff. December 31, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

SECTION .1200 - PETITIONS FOR RULES

 

21 NCAC 50 .1201             PETITION FOR RULEMAKING HEARINGS

Any person wishing to submit a petition requesting the

adoption, amendment or repeal of a rule by the Board shall address a petition

to:  State Board of Examiners of Plumbing, Heating and Fire Sprinkler

Contractors, 1109 Dresser Court, Raleigh, North Carolina 27609.  The petition

shall bear the notation:  RULE-MAKING PETITION RE and then the subject area,

for example, RE G.S. 87-21(a)(1) RE ADMINISTRATIVE PROCEDURE ACT, RE AIR

CONDITIONING SYSTEMS, or an indication of any other area over which the Board

may have rule-making authority.

 

History Note:        Authority G.S. 87-18; 150B-20;

Eff. February 1, 1991;

Amended Eff. December 31, 2011; June 11, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1202             CONTENTS OF PETITION

The petition shall include the following information:

(1)           an indication of the subject area to which the

petition is directed; for example, "This is a petition to hold a

rulemaking hearing to amend Rule .0000 pertaining to Administrative Procedure

Act filing requirements";

(2)           either a draft of a proposed rule or a summary of

its contents;

(3)           reasons for the proposal;

(4)           the effect on existing rules or orders;

(5)           any data supporting the proposal;

(6)           effect of the proposed rule on existing practices

in the area involved, including cost factors;

(7)           names of those most likely to be affected by the

proposed rule, with addresses if reasonable known;

(8)           name(s) and address(es) of petitioner(s).

 

History Note:        Authority G.S. 87‑18; 150B‑20;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1203             DISPOSITION OF PETITIONS

(a)  The Executive Director of the Board shall determine

whether the public interest will be served by granting the request. Prior to

making this determination, the Executive Director may request additional

information from the petitioner(s); he may contact interested persons or

persons likely to be affected by the proposed rule and request comments and he

may use any other method for obtaining information on which to base a

determination.  The Executive Director shall consider all of the contents of

the petition submitted plus any other information obtained by the means

described in this Paragraph.

(b)  The Executive Director shall make a recommendation to

the Board for the institution of rulemaking proceedings or for the denial of

the petition, as the case may be.

(c)  At its next regularly scheduled meeting but within 120

days of submission of the petition, a final decision shall be rendered by the

Board.  If the decision is to deny the petition the Board shall notify the

petitioner in writing, stating the reasons therefor.  If the decision is to

grant the petition, the Board, within 120 days of submission, shall initiate a

rulemaking proceeding by publishing a notice of text in the North Carolina

Register as required by G.S. 150B-21.2.

 

History Note:        Authority G.S. 87-18; 150B-20;

Eff. February 1, 1991;

Amended Eff. December 31, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1204             NOTICE OF RULEMAKING HEARINGS

Upon a determination to hold a rulemaking proceeding, either

in response to a petition or otherwise, the Board will give notice of a public

hearing on the proposed rule, consistent with G.S. 150B-21.2.

 

History Note:        Authority G.S. 87‑18; 150B‑21.2;

Eff. February 1, 1991;

Amended Eff. August 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1205             ADOPTION OF RULES

The procedure followed by the Board in adoption of rules may

be found in Article 2A, Part 2, Chapter 150B of the General Statutes, as

amended from time to time.

 

History Note:        Authority G.S. 87-18; 150B-21.1 et seq.; 150B-21.2;

Eff. February 1, 1991;

Amended Eff. August 1, 2000; June 11, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1206             ADDITIONAL INFORMATION

 

History Note:        Authority G.S. 87-18; 150B-21; 150b-21.2;

Eff. February 1, 1991;

Amended Eff. June 11, 1998;

Repealed Eff. August 1, 2000.

 

21 NCAC 50 .1207             REQUEST TO PARTICIPATE

Any person desiring to present oral data, views, or

arguments on the proposed rule is asked to advise the Board at least 10 days

prior to the hearing.  Any person who makes an oral presentation is encouraged

to submit a written copy of the presentation to the Executive Director prior to

or at the hearing.

 

History Note:        Authority G.S. 87-18; 150B-21.2;

Eff. February 1, 1991;

Amended Eff. December 31, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1208             CONTENTS OF REQUEST; GENERAL TIME

LIMITATIONS

A request to make an oral presentation should contain a

clear reference to the proposed rule, a brief summary of the individual's views

in respect thereto, and how long the individual desires to speak. 

Presentations shall be limited to 10 minutes unless the Board prescribes some

other time limit.

 

History Note:        Authority G.S. 87‑18; 150B‑21.2;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1209             RECEIPT OF REQUEST; SPECIFIC TIME

LIMITS

Upon receipt of notice of a person's desire to present his

views orally, the Board will acknowledge receipt of the request and inform the

person of the imposition of any limitations deemed necessary to the end of a

full and effective public hearing on the proposed rule.

 

History Note:        Authority G.S. 87‑18; 150B‑21.2;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1210             WRITTEN SUBMISSIONS

(a)  Any person may file a written submission containing

data, comments or arguments, after publication of a rulemaking notice and up to

the day of the hearing, unless a different period has been prescribed in the notice.

 These written comments shall be sent to the Board at 1109 Dresser Court,

Raleigh, North Carolina 27609.  The submission shall state the rule(s) or

proposed rule(s) to which the comments are addressed.

(b)  Upon receipt of written comments, the Executive

Director shall assure that the comments will be provided to the Board for

consideration.

 

History Note:        Authority G.S. 87-18; 150B-21.2;

Eff. February 1, 1991;

Amended Eff. December 31, 2011; August 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1211             PRESIDING OFFICER; POWERS AND DUTIES

The presiding officer at the hearing shall have complete

control of the proceedings, including:  extensions of any time requirements,

recognition of speakers, time allotments for presentations, the right to

question speakers, direction of the discussion, and management of the hearing. 

The presiding officer, at all times, will take care that each person

participating in the hearing is given a fair opportunity to present views, data

and comments.

 

History Note:        Authority G.S. 87‑18; 150B‑21.2;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1212             STATEMENT OF REASONS FOR DECISION

21 ncac 50 .1213             RECORD OF PROCEEDINGS

 

History Note:        Authority G.S. 87‑18; 150B‑12;

150B-12(e);

Eff. February 1, 1991;

Repealed Eff. August 1, 2000.

 

21 NCAC 50 .1214             TEMPORARY RULES

Temporary rules may be adopted under the circumstances

described in G.S 150B-21.1.

 

History Note:        Authority G.S. 87‑18; 150B‑21.1;

Eff. February 1, 1991;

Amended Eff. August 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

SECTION .1300 ‑ DECLARATORY RULINGS

 

21 NCAC 50 .1301             SUBJECTS OF DECLARATORY RULINGS

Any person aggrieved by a statute administered or rule

promulgated by the Board, may request a declaratory ruling as to either the

manner in which a statute or rule applies to a given factual situation, if at

all, or whether a particular agency rule is valid.

 

History Note:        Authority G.S. 87‑18; 150B‑17;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1302             SUBMISSION OF REQUEST FOR RULING

All requests for declaratory rulings shall be written and

mailed to the Board at 1109 Dresser Court, Raleigh, North Carolina 27609.  The

container of the request shall bear the notation:  REQUEST FOR DECLARATORY

RULING.  The request must include the following information:

(1)           name and address of petitioner;

(2)           statute or rule to which petition relates;

(3)           statement of the manner in which petitioner is

aggrieved by the rule or statute or its potential application to him;

(4)           a statement of whether an oral hearing is desired,

and if so, the reason therefor.

 

History Note:        Authority G.S. 87-18; 150B-4;

Eff. February 1, 1991;

Amended Eff. December 31, 2011; June 11, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1303             DISPOSITION OF REQUESTS

(a)  When the Board deems it appropriate to issue a

declaratory ruling it shall issue such declaratory ruling within 60 days of

receipt of the petition.

(b)  A declaratory ruling proceeding may consist of written submissions,

an oral hearing, or other procedure as may be appropriate in the circumstances

of the particular request.

(c)  Whenever the Board believes "for good cause"

that the issuance of a declaratory ruling is undesirable, the Board may refuse

to issue such ruling.  When good cause is deemed to exist, the Board will

notify the petitioner of its decision in writing, stating the reasons for the

denial of the declaratory ruling.

(d)  For purposes of Paragraph (c) of this Rule, the Board

will ordinarily refuse to issue a declaratory ruling:

(1)           unless the petitioner shows that the

circumstances are so changed since the adoption of the rule that such a ruling

would be warranted;

(2)           unless the petitioner shows that the Board

did not give to the factors specified in the request for a declaratory ruling a

full consideration at the time the rule was issued;

(3)           where there has been a similar controlling

factual determination in a contested case, or where the factual context being

raised for a declaratory ruling was specifically considered upon the adoption

of the rule or directive being questioned, as evidenced by the rulemaking

record;

(4)           where the subject matter of the request is

involved in pending litigation in any state or federal court in North Carolina.

 

History Note:        Authority G.S. 87‑18; 150B‑17;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1304             RECORD OF DECISION

A record of all declaratory rulemaking proceedings will be

maintained in the office of the Board for as long as the ruling is in effect

and for five years thereafter.  This record will contain:  the petition,

notice, all written submissions filed in the request, whether filed by the

petitioner or any other person, and a record or summary of oral presentations,

if any.  Records of rulemaking proceedings will be available for public

inspection during the regular office hours of the Board.

 

History Note:        Authority G.S. 87‑18;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

21 NCAC 50 .1305             DEFINITION

For purposes of Rule .1304 of this Section, a declaratory

ruling shall be deemed to be "in effect": until the statute or rule

interpreted by the declaratory ruling is amended, altered or repealed; until

the Board changes the declaratory ruling prospectively; or until the court sets

aside the ruling in litigation between the Board and the party requesting the

rule; or until any court of the Appellate Division of the General Court of

Justice shall construe the statute or rule which is the subject of the

declaratory ruling in a manner plainly irreconcilable with the declaratory

ruling.

 

History Note:        Authority G.S. 87‑18; 150B‑12;

150B‑17;

Eff. February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. August 22, 2015.

 

section .1400 – CONTINUING EDUCATION

 

21 ncac 50 .1401             CONTINUING EDUCATION REQUIREMENTS

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. January 1, 2010; May 1, 2006; January 1,

2004; April 1, 2003;

Repealed Eff. December 31, 2012.

 

21 ncac 50 .1402             EXEMPTIONS AND CREDITS

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. January 1, 2010; May 1, 2006; April 1, 2003;

Repealed Eff. December 31, 2012.

 

21 ncac 50 .1403             COMPUTATION OF CONTINUING EDUCATION

HOURS

 

History Note:        Authority G.S. 87-21(b)(3); 87-2;

Eff. April 1, 2001;

Amended Eff. April 1, 2003;

Repealed Eff. December 31, 2012.

 

21 NCAC 50 .1404             COURSE REQUIREMENTS AND LIMITATIONS

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. January 1, 2010; June 1, 2006; April 1,

2003;

Repealed Eff. December 31, 2012.

 

21 ncac 50 .1405             APPROVAL OF COURSES

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. January 1, 2010; April 1, 2003;

Repealed Eff. December 31, 2012.

 

21 NCAC 50 .1406             reserved for future codification

 

21 NCAC 50 .1407             CERTIFICATION OF COURSE COMPLETION

BY LICENSEES AND PROVIDERS

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. March 15, 2003;

Repealed Eff. December 31, 2012.

 

21 ncac 50 .1408             ADVERTISEMENTS BY COURSE PROVIDERS

OR INSTRUCTORS

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. April 1, 2003;

Repealed Eff. December 31, 2012.

 

21 ncac 50 .1409             TERMINATION OF COURSE OR PROVIDER

APPROVAL

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Amended Eff. April 1, 2003;

Repealed Eff. December 31, 2012.

 

21 NCAC 50 .1410             PETITIONS FOR REINSTATEMENT OF

LICENSE

 

History Note:        Authority G.S. 87-21(b)(3); 87-22;

Eff. April 1, 2001;

Repealed Eff. December 31, 2012.