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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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.
