GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 842
The General Assembly of North Carolina enacts:
Section 1. G.S. 87-16 reads as rewritten:
"§ 87-16. Board of Examiners; appointment; term of office.
There is created the State Board of Examiners of Plumbing
and Heating Plumbing, Heating, and Fire Sprinkler Contractors
consisting of seven members appointed by the Governor: one member from a school
of engineering of the Greater University of North Carolina, one member who is a
plumbing inspector from a city in North Carolina, one licensed air conditioning
contractor, one licensed plumbing or mechanical contractor, one licensed
heating contractor, one licensed fire sprinkler contractor, and two
persons who have no ties one person who has no tie with the
construction industry to represent the interests of the public at large.
Members serve for terms of seven years, with the term of one member expiring
each year. The term of the member initially appointed to fill the
position of licensed fire sprinkler contractor shall commence April 25,
1991. No member appointed after June 7, 1979, shall serve more than
one complete consecutive term. Vacancies occurring during a term are filled by
appointment of the Governor for the remainder of the unexpired term."
Sec. 2. G.S. 87-19 reads as rewritten:
"§ 87-19. Regular and special meetings; quorum.
The Board after holding its first meeting as hereinbefore
provided, shall thereafter hold at least two regular meetings each year.
Special meetings may be held at such times and places as the bylaws and/or
rules of the Board provide; or as may be required in carrying out the
provisions hereof. A quorum of the Board shall consist of not less than three
four members."
Sec. 3. G.S. 87-21 reads as rewritten:
"§ 87-21. Definitions; contractors licensed by Board; examination; posting license, etc.
(a) Definitions. - For the purpose of this Article:
(1) The word 'plumbing' is hereby defined to be the system of pipes, fixtures, apparatus and appurtenances, installed upon the premises, or in a building, to supply water thereto and to convey sewage or other waste therefrom.
(2) The phrase 'heating, group number one' shall be deemed and held to be the heating system of a building, which requires the use of high or low pressure steam, vapor or hot water, including all piping, ducts, and mechanical equipment appurtenant thereto, within, adjacent to or connected with a building, for comfort heating.
(3) The phrase 'heating, group number two' means an air conditioning system which consists of an assemblage of interacting components producing conditioned air for comfort cooling by the lowering of temperature, and having a mechanical refrigeration capacity in excess of fifteen tons, and which circulates air.
(4) The phrase 'heating, group number three' shall be deemed and held to be a direct heating system of a building which produces heat to raise the temperature of the space within the building for the purpose of comfort in which electric heating elements or products of combustion exchange heat either directly with the building supply air or indirectly through a heat exchanger and using an air distribution system of ducts. A heating system requiring air distribution ducts and supplied by ground water or utilizing a coil supplied by water from a domestic hot water heater not exceeding 150~ Fahrenheit requires either plumbing or heating group number one license to extend piping from valved connections in the domestic hot water system to the heating coil and requires either heating group number one or heating group number three license for installation of coil, duct work, controls, drains and related appurtenances.
(5) Any person, firm or
corporation, who for a valuable consideration, installs, (i) alters or
restores, or offers to install, alter or restore, either plumbing, heating
group number one, or heating group number two, or heating group number three,
or (ii) lays out, fabricates, installs, alters or restores, or offers to lay
out, fabricate, install, alter or restore fire sprinklers, or any
combination thereof, as defined in this Article, shall be deemed and held to be
engaged in the business of plumbing or heating contracting plumbing,
heating, or fire sprinkler contracting; provided, however, that nothing herein
shall be deemed to restrict the practice of qualified registered professional
engineers. Any person who installs a plumbing or heating plumbing,
heating, or fire sprinkler system on property which at the time of
installation was intended for sale or to be used primarily for rental is deemed
to be engaged in the business of plumbing or heating plumbing,
heating, or fire sprinkler contracting without regard to receipt of
consideration, unless exempted elsewhere in this Article.
(6) The word 'contractor'
is hereby defined to be a person, firm or corporation engaged in the business
of plumbing or heating plumbing, heating, or fire sprinkler contracting.
(7) The word 'heating' shall be deemed and held to mean heating group number one, heating group number two, heating group number three, or any combination thereof.
(8) The obtaining of a license, as required by this Article, shall not of itself authorize the practice of another profession or trade for which a State qualification license is required.
(9) The word 'Board' means
the State Board of Examiners of Plumbing and Heating Plumbing,
Heating, and Fire Sprinkler Contractors.
(10) The word 'experience' means
actual and practical work directly related to the category of plumbing, heating
group number one, heating group number two, or heating group number
three, or fire sprinkler contracting, and includes related work for which
a license is not required.
(11) The phrase 'fire sprinkler' means an automatic or manual sprinkler system designed to protect the interior or exterior of a building or structure from fire, and where the primary extinguishing agent is water. These systems include wet pipe and dry pipe systems, pre-action systems, water spray systems, foam water sprinkler systems, foam water spray systems, nonfreeze systems, and circulating closed-loop systems. These systems also include the overhead piping, combination standpipes, inside hose connections, thermal systems used in connection with the sprinklers, tanks, and pumps connected to the sprinklers, and controlling valves and devices for actuating an alarm when the system is in operation. This subsection shall not apply to owners of property who are building or improving farm outbuildings. This subsection shall not include water and standpipe systems having no connection with a fire sprinkler system. Nothing herein shall prevent licensed plumbing contractors, utility contractors, or fire sprinkler contractors from installing underground water supplies for fire sprinkler systems.
(b) Classes of Licenses;
Eligibility and Examination of Applicant; Necessity for License. - In order to
protect the public health, comfort and safety, the Board shall establish two
classes of licenses: Class I covering all structures and systems to which
this Article applies, plumbing, heating, and fire sprinkler systems for
all structures, and Class II covering plumbing and heating systems in
single-family detached residential dwellings. The Board shall prescribe the
standard of competence, experience and efficiency to be required of an
applicant for license of each class, and shall give an examination designed to
ascertain the technical and practical knowledge of the applicant concerning the
analysis of plans and specifications, estimating costs, fundamentals of
installation and design, codes, fire hazards, and related subjects as
these subjects pertain to either plumbing or heating; and as plumbing,
heating, or fire sprinkler systems. The examination for a fire sprinkler
contractor's license shall include such materials as would test the competency
of the applicant and which may include the minimum requirements of
certification for Level III, subfield of Automatic Sprinkler System Layout,
National Institute for Certification of Engineering Technologies (NICET).
As a result of the examination, the Board shall issue a certificate of
license of the appropriate class in plumbing or heating, plumbing,
heating, or fire sprinkler contracting, and a license shall be obtained, in
accordance with the provisions of this Article, before any person, firm or
corporation shall engage in, or offer to engage in, the business of either
plumbing or heating plumbing, heating, or fire sprinkler contracting,
or any combination thereof. The Board may require experience as a condition of
examination, provided that (i) the experience required may not exceed two
years, (ii) that up to one-half the experience may be in the form of academic
or technical courses of study, and (iii) that registration is not required at
the commencement of the period of experience. Conditions of examination
set by the Board shall be uniformly applied to each applicant within each
license classification. It is the purpose and intent of this section that
the Board shall provide an examination for plumbing, heating group number one,
or heating group number two, or heating group number three, and it may
provide an examination for fire sprinkler contracting or may accept a current
certification of the National Institute for Certification in Engineering
Technologies for Fire Protection Engineering Technician, Level III, subfield of
Automatic Sprinkler System Layout. The Board is authorized to issue a
certificate of license limited to either plumbing or heating group number one,
or heating group number two, or heating group number three, or fire
sprinkler contracting, or any combination thereof. Each application for
examination shall be accompanied by a check, post-office money order, or cash,
in the amount of the annual license fee required by this Article. Regular
examinations shall be given in the months of April and October of each year,
and additional examinations may be given at such other times as the Board may
deem wise and necessary. Any person may demand in writing a special
examination, and upon payment by the applicant of the cost of holding such
examination and the deposit of the amount of the annual license fee, the Board in
its discretion will fix a time and place for such examination. Upon
satisfactory proof of the applicant's inability to write and upon demand of an
applicant for a Class II plumbing or heating license six weeks prior to an
examination, the Board shall conduct the examination of that applicant orally,
and shall not require that applicant to take a written examination as to
examination inquiries answered other than by preparation of diagrams. Signed
statements from two reliable citizens resident in the home county of the
applicant shall constitute satisfactory proof of an applicant's inability to
write. A person who fails to pass any examination shall not be reexamined until
the next regular examination.
(c) To Whom Article
Applies. - The provisions of this Article shall apply to all persons, firms, or
corporations who engage in, or attempt to engage in, the business of plumbing
or heating plumbing, heating, or fire sprinkler contracting, or any
combination thereof as defined in this Article. The provisions of this Article
shall not apply to those who make minor repairs or minor replacements to an
already installed system of plumbing or heating. heating, but shall
apply to those who make repairs, replacements, or modifications to an already
installed fire sprinkler system.
(d) Repealed by Session Laws 1979, c. 834, s. 7.
(e) Posting License; License Number on Contracts, etc. - The current license issued in accordance with the provisions of this Article shall be posted in the business location of the licensee, and its number shall appear on all proposals or contracts and requests for permits issued by municipalities.
(f) Repealed by Session Laws 1971, c. 768, s. 4.
(g) The Board may, in its
discretion, grant to plumbing or heating plumbing, heating, or fire
sprinkler contractors licensed by other states license of the same or
equivalent classification without written examination upon receipt of
satisfactory proof that the qualifications of such applicants are substantially
equivalent to the qualifications of holders of similar licenses in North
Carolina and upon payment of the usual license fee.
(h) Notwithstanding any other provision of this Article, any North Carolina resident engaged in the business of fire sprinkler contracting and holding a fire sprinkler privilege license pursuant to G.S. 105-55 on or before the effective date of this act may, within one year from said date, file an application for licensure as a fire sprinkler contractor on forms prepared by the Board, and the Board shall issue a certificate of license in fire sprinkler contracting upon the payment of the fees as provided by G.S. 87-22 and further upon presentation of satisfactory evidence which clearly establishes that the applicant was engaged in the business of fire sprinkler contracting within three years prior to the effective date of this act. The provisions of this subsection shall expire one year from the effective date of this act."
Sec. 4. G.S. 87-22 reads as rewritten:
"§ 87-22. License fee based on population; expiration and renewal; penalty.
All persons, firms, or corporations engaged in the business of either plumbing or heating contracting, or both, in cities or towns of 10,000 inhabitants or more shall pay an annual license fee not exceeding seventy-five dollars ($75.00), and in cities or towns of less than 10,000 inhabitants an annual license fee not exceeding fifty dollars ($50.00). All persons, firms, or corporations engaged in the business of fire sprinkler contracting shall pay an initial application fee not to exceed seventy-five dollars ($75.00) and an annual license fee not to exceed three hundred dollars ($300.00). In the event the Board refuses to license an applicant, the license fee deposited shall be returned by the Board to the applicant. All licenses shall expire on the last day of December in each year following their issuance or renewal. It shall be the duty of the secretary and treasurer to cause to be mailed to every licensee registered hereunder notice to his last known address reflected on the records of the Board of the amount of fee required for renewal of license, such notice to be mailed at least one month in advance of the expiration of said license. In the event of failure on the part of any person, firm or corporation to renew the license certificate annually and pay the fee therefor during the month of January in each year, the Board shall increase said license fee ten per centum (10%) for each month or fraction of a month that payment is delayed; provided that the penalty for nonpayment shall not exceed the amount of the annual fee, and provided further that the Board requires reexamination upon failure of a licensee to renew license within three years after expiration. The Board may adopt regulations requiring attendance at programs of continuing education as a condition of license renewal. A licensee employed full time as a local government plumbing, heating, or mechanical inspector and holding qualifications from the Code Officials Qualifications Board may renew his license at a fee not to exceed twenty-five dollars ($25.00)."
Sec. 5. G.S. 87-23 reads as rewritten:
"§ 87-23. Revocation or suspension of license for cause.
(a) The Board shall have
power to revoke or suspend the license of or order the reprimand or
probation of any plumbing or heating plumbing, heating, or fire
sprinkler contractor, or both, any combination thereof, who
is guilty of any fraud or deceit in obtaining or renewing a license, or
who fails to comply with any provision or requirement of this Article, or for
gross negligence, incompetency, or misconduct, in the practice of or in
carrying on the business of either a plumbing or heating a plumbing,
heating, or fire sprinkler contractor, or both, any combination
thereof, as defined in this Article. Any person may prefer charges of such
fraud, deceit, gross negligence, incompetency, misconduct, or failure to comply
with any provision or requirement of this Article, against any plumbing or
heating plumbing, heating, or fire sprinkler contractor, or both,
any combination thereof, who is licensed under the provisions of
this Article. All of such charges shall be in writing and verified by the
complainant, and such charges shall be heard and determined by the Board in
accordance with the provisions of Chapter 150A 150B of the
General Statutes.
(b) The Board shall adopt and publish guidelines, consistent with the provisions of this Chapter, governing the suspension and revocation of licenses.
(c) The Board shall establish and maintain a system whereby detailed records are kept regarding complaints against each licensee."
Sec. 6. G.S. 87-24 reads as rewritten:
"§ 87-24. Reissuance of revoked licenses; replacing lost or destroyed license.
The Board may in its discretion reissue license to any
person, firm or corporation whose license may have been revoked: Provided, three
four or more members of the Board vote in favor of such reissuance
for reasons deemed sufficient by the Board. A new certificate of registration
to replace any license which may be lost or destroyed may be issued subject to
the rules and regulations of the Board."
Sec. 7. G.S. 87-25 reads as rewritten:
"§ 87-25. Violations made misdemeanor; employees of licensees excepted.
Any person, firm or corporation who shall engage in or offer
to engage in, or carry on the business of either plumbing or heating plumbing,
heating, or fire sprinkler contracting, or both, any combination
thereof, as defined in G.S. 87-21, without first having been licensed to
engage in such business, or businesses, as required by the provisions of this
Article; or any person, firm or corporation holding a limited plumbing or
heating license under the provisions of this Article who shall practice or
offer to practice or carry on any type of plumbing or heating contracting not
authorized by said limited license; or any person, firm or corporation who
shall give false or forged evidence of any kind to the Board, or any member
thereof, in obtaining a license, or who shall falsely impersonate any other
practitioner of like or different name, or who shall use an expired or revoked
license, or who shall violate any of the provisions of this Article, shall be
guilty of a misdemeanor and upon conviction fined not less than one hundred
dollars ($100.00) or imprisoned for not more than three months, or both, in the
discretion of the court. An employee in the course of his work as a bona
fide employee of a licensee of the Board shall not be construed to have engaged
in the business of either plumbing or heating plumbing, heating, or
fire sprinkler contracting, or both. as the case may be."
Sec. 8. This act shall become effective October 1, 1990.
In the General Assembly read three times and ratified this the 5th day of July, 1990.