GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 112
The General Assembly of North Carolina enacts:
Section 1. G.S. 87-10 reads as rewritten:
"§ 87-10. Application for license; examination; certificate; renewal.
(a) Anyone seeking
to be licensed as a general contractor in this State shall file an application
for an examination on a form provided by the Board, at least 30 days before any
regular or special meeting of the Board accompanied by an examination fee of twenty-five
dollars ($25.00) fifty dollars ($50.00) and by the sum of one
hundred dollars ($100.00) if the application is for an unlimited license, the
sum of seventy-five dollars ($75.00) if the application is for an intermediate
license or the sum of fifty dollars ($50.00) if the application is for a
limited license; the fees and sum accompanying any application shall be nonrefundable.
The holder of an unlimited license shall be entitled to act as general
contractor without restriction as to value of any single project; the holder of
an intermediate license shall be entitled to act as general contractor for any
single project with a value of up to five hundred thousand dollars ($500,000);
the holder of a limited license shall be entitled to act as general contractor
for any single project with a value of up to two hundred fifty thousand dollars
($250,000); and the license certificate shall be classified in accordance with
this section. Before being entitled to an examination an applicant must
show to the satisfaction of the Board from the application and proofs furnished
that the applicant is possessed of a good character and is otherwise qualified
as to competency, ability, integrity, and financial responsibility, and that
the applicant has not committed or done any act, which, if committed or done by
any licensed contractor would be grounds under the provisions hereinafter set forth
for the suspension or revocation of contractor's license, or that the applicant
has not committed or done any act involving dishonesty, fraud, or deceit, or
that the applicant has never been refused a license as a general contractor nor
had such license revoked, either in this State or in another state, for reasons
that should preclude the granting of the license applied for, and that the
applicant has never been convicted of a felony involving moral turpitude,
relating to building or contracting, or involving embezzlement or
misappropriation of funds or property entrusted to the applicant: Provided, no
applicant shall be refused the right to an examination, except in accordance
with the provisions of Chapter 150B of the General Statutes.
(b) The Board shall conduct an examination, either oral or written, of all applicants for license to ascertain the ability of the applicant to make a practical application of his knowledge of the profession of contracting, under the classification contained in the application, and to ascertain the qualifications of the applicant in reading plans and specifications, knowledge of estimating costs, construction, ethics and other similar matters pertaining to the contracting business and knowledge of the applicant as to the responsibilities of a contractor to the public and of the requirements of the laws of the State of North Carolina relating to contractors, construction and liens. If the results of the examination of the applicant shall be satisfactory to the Board, then the Board shall issue to the applicant a certificate to engage as a general contractor in the State of North Carolina, as provided in said certificate, which may be limited into five classifications as the common use of the terms are known - that is,
(1) Building contractor, which shall include private, public, commercial, industrial and residential buildings of all types;
(1a) Residential contractor, which shall include any general contractor constructing only residences which are required to conform to the North Carolina Uniform Residential Building Code (Vol. 1-B);
(2) Highway contractor;
(3) Public utilities contractors, which shall include those whose operations are the performance of construction work on the following subclassifications of facilities:
a. Water and sewer mains and water service lines and house and building sewer lines as defined in the North Carolina State Building Code, and water storage tanks, lift stations, pumping stations, and appurtenances to water storage tanks, lift stations and pumping stations;
b. Water and wastewater treatment facilities and appurtenances thereto;
c. Electrical power transmission facilities, and primary and secondary distribution facilities ahead of the point of delivery of electric service to the customer;
d. Public communication distribution facilities; and
e. Natural gas and other petroleum products distribution facilities; provided the General Contractors Licensing Board may issue license to a public utilities contractor limited to any of the above subclassifications for which the general contractor qualifies, and
(4) Specialty contractor, which shall include those whose operations as such are the performance of construction work requiring special skill and involving the use of specialized building trades or crafts, but which shall not include any operations now or hereafter under the jurisdiction, for the issuance of license, by any board or commission pursuant to the laws of the State of North Carolina.
Public utilities contractors constructing water service lines and house and building sewer lines as provided in (3)a above shall terminate said lines at a valve, box, meter, or manhole or cleanout at which the facilities from the building may be connected.
(c) If an applicant is an individual, examination may be taken by his personal appearance for examination, or by the appearance for examination of one or more of his responsible managing employees, and if a copartnership or corporation, or any other combination or organization, by the examination of one or more of the responsible managing officers or members of the personnel of the applicant, and if the person so examined shall cease to be connected with the applicant, then in such event the license shall remain in full force and effect for a period of 30 days thereafter, and then be canceled, but the applicant shall then be entitled to a reexamination, all pursuant to the rules to be promulgated by the Board: Provided, that the holder of such license shall not bid on or undertake any additional contracts from the time such examined employee shall cease to be connected with the applicant until said applicant's license is reinstated as provided in this Article.
(d) Anyone failing
to pass this examination may be reexamined at any regular meeting of the Board
upon payment of an examination fee of twenty-five dollars ($25.00). fifty
dollars ($50.00). Anyone requesting to take the examination a third or
subsequent time shall submit a new application with the appropriate examination
and license fees.
(e) Certificate
A certificate of license shall expire on the thirty-first day of
December following the its issuance or renewal and shall become
invalid 60 days from that date unless renewed, subject to the approval of the
Board. Renewals may be effected any time during the month of January without
reexamination, by the payment of a fee to the secretary of the Board of seventy-five
dollars ($75.00) ninety-five dollars ($95.00) for an unlimited
license, fifty dollars ($50.00) sixty-five dollars ($65.00) for an
intermediate license and twenty-five dollars ($25.00) thirty-five
dollars ($35.00) for a limited license. Renewal applications
shall be accompanied by evidence of continued financial responsibility
satisfactory to the Board. Renewal applications received by the Board
after January shall be accompanied by a late payment of ten dollars ($10.00)
for each month or part after January. After a lapse of two years no renewal
shall be effected and the applicant shall fulfill all requirements of a new
applicant as set forth in this section."
Sec. 2. G.S. 87-10(e), as amended by Section 1 of this act, reads as rewritten:
"(e) A certificate of
license shall expire on the thirty-first day of December following its issuance
or renewal and shall become invalid 60 days from that date unless renewed,
subject to the approval of the Board. Renewals may be effected any time during
the month of January without reexamination, by the payment of a fee to the
secretary of the Board of Board. The fee shall not exceed ninety-five
dollars ($95.00) one hundred dollars ($100.00) for an unlimited
license, sixty-five dollars ($65.00) seventy-five dollars ($75.00) for
an intermediate license and thirty-five dollars ($35.00) fifty
dollars ($50.00) for a limited license. No later than November 30
of each year, the Board shall mail written notice of the amount of the renewal
fees for the upcoming year to the last address of record for each general
contractor licensed pursuant to this Article. Renewal applications
shall be accompanied by evidence of continued financial responsibility
satisfactory to the Board. Renewal applications received by the Board
after January shall be accompanied by a late payment of ten dollars ($10.00)
for each month or part after January. After a lapse of two years no renewal
shall be effected and the applicant shall fulfill all requirements of a new
applicant as set forth in this section."
Sec. 3. Section 1 of this act is effective upon ratification. Section 2 of this act becomes effective October 1, 1995.
In the General Assembly read three times and ratified this the 2nd day of June, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives