11 NCAC 08 — Engineering and Building Codes Division

11 NCAC 08 .0727 FEE FOR CE COURSES The sponsor of an approved CE course shall establish the amount of any fee to be charged to CEOs taking the course. The fee shall be all-inclusive. No separate or additional fee shall be charged to CEOs for providing course materials, providing…

11 NCAC 08 .0728 CANCELLATION AND REFUND POLICIES If a scheduled course is canceled, a sponsor shall immediately notify preregistered CEOs of the cancellation. All prepaid fees received from preregistered CEOs shall be refunded within 30 days after the date of cancellation. Failu…

11 NCAC 08 .0729 COURSE ATTENDANCE (a) Course instructors shall monitor attendance to assure that all CEOs have completed the course. A CEO shall not be reported to the Board's staff as having completed a course unless the CEO satisfies the attendance requirement. (b) Any CEO pro…

11 NCAC 08 .0730 ACCOMMODATIONS FOR PERSONS WITH DISABILITIES Course sponsors and instructors shall comply with the Americans with Disabilities Act or other laws requiring accommodation of persons with disabilities. History Note: Authority G.S. 143-151.13A(f); Eff. February 1, 20…

11 NCAC 08 .0731 COURSE COMPLETION REPORTING (a) Each sponsor shall submit to the Board's staff a report verifying completion of a CE course for each CEO who completes the course. A sponsor shall submit this report to the Board's staff within 15 calendar days following the course…

11 NCAC 08 .0732 RETENTION OF COURSE RECORDS All course sponsors shall retain records of student registration, attendance, and course completion for CE courses for at least three years. All course sponsors shall make these records available to the Board's staff upon request. Hist…

11 NCAC 08 .0733 BOARD MONITORS A course sponsor shall admit representatives of the Board to monitor any CE class without prior notice. Board representatives shall not be required to register or pay any fee and shall not be reported as having completed the course. History Note: A…

11 NCAC 08 .0734 RESIDENTIAL CHANGEOUT INSPECTOR (a) Qualifications and types: (1) A residential changeout inspector shall be authorized to inspect the replacement of a residential appliance as described in Subparagraph (2) of this Paragraph for one-and-two family dwellings, and …

11 NCAC 08 .0735 TEMPORARY CERTIFICATE History Note: Authority G.S. 143-151.12; 143-151.13; Emergency Adoption Eff. April 20, 2020; Temporary Adoption Eff. July 1, 2020; Emergency Adoption Eff. February 25, 2021; Temporary Adoption Eff. April 23, 2021; Temporary Adoption Exp. Eff…

11 NCAC 08 .0736 FY 2020-2021 SPECIAL CE REQUIREMENT History Note: Authority G.S. 143-151.12; 143-151.13A; Emergency Adoption Eff. February 25, 2021; Temporary Adoption Eff. April 23, 2021; Temporary Adoption Expired Eff. February 11, 2022.

11 NCAC 08 .0737 BUILDING INSPECTOR LEVEL I, II AND III (a) A Building Inspector, Level I (Residential), certified on or after January 1, 2027 shall be qualified to perform code-enforcement official duties for residential buildings up to three stories in height with no more than …

11 NCAC 08 .0738 ELECTRICAL INSPECTOR LEVEL I, II AND III (a) An Electrical Inspector, Level I (Residential), certified on or after January 1, 2027, shall be qualified to perform code-enforcement official duties for electrical systems that serve individual residential dwelling un…

11 NCAC 08 .0739 MECHANICAL INSPECTOR LEVEL I, II AND III (a) A Mechanical Inspector, Level I (Residential), certified on or after January 1, 2027, shall be qualified to perform code-enforcement official duties in accordance with the provisions of the North Carolina Residential C…

11 NCAC 08 .0740 PLUMBING INSPECTOR LEVEL I, II AND III (a) A Plumbing Inspector, Level I (Residential), certified on or after January 1, 2027 shall be qualified to perform code-enforcement official duties for residential buildings up to three stories in height with no more than …

11 NCAC 08 .0741 FIRE INSPECTOR LEVEL I, II AND III (a) A Fire Inspector, Level I, certified on or after January 1, 2027 shall be qualified to perform code-enforcement official duties of operational permit issuance, field inspection, and related code enforcement activities for ex…

SECTION .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS 11 NCAC 08 .0801 DISCIPLINARY POWERS (a) As used in this Section "Board" and "Code" have the same meanings as those terms are defined in G.S. 143-151.8(a); and "official" means a qualified Code-enforcement official as …

11 NCAC 08 .0802 PRELIMINARY INVESTIGATION History Note: Filed as a Temporary Amendment Eff. March 3, 1992 For a Period of 169 Days to Expire on August 21, 1992; Authority G.S. 143-151.12(1); 143-151.17(b); 150B-38(h); Eff. January 15, 1980; Amended Eff. June 1, 1992; September 1…

11 NCAC 08 .0805 HEARING OFFICER In all contested case hearings before the Board, the Chairman of the Board shall serve as presiding officer. In the absence of the Chairman, the Vice-Chairman shall serve as presiding officer, or a presiding officer shall be elected by the Board. …

11 NCAC 08 .0815 FINAL BOARD ORDER (a) If after the close of a contested case hearing the Board decides that an official's conduct does not justify the suspension or revocation of his certificate but that his conduct does fail to conform to the standards of good code enforcement …

11 NCAC 08 .0819 GENERAL Governed by the principles of fairness, uniformity, and punctuality, the following general rules apply: (1) The Rules of Civil Procedure as contained in G.S. 1A-1, the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A…

11 NCAC 08 .0820 DEFINITIONS The definitions contained in G.S. 150B-2, including subsequent amendments, are incorporated herein by reference. In addition to the definitions in 11 NCAC 8 .0801(a), the following definitions apply to this Section: (1) "File or filing" means to place…

11 NCAC 08 .0821 ORDER FOR PREHEARING STATEMENTS The hearing officer may serve all parties with an order for prehearing statements together with, or after service of, the notice of hearing. Every party thus served shall, within 30 days after service, file the requested statements…

11 NCAC 08 .0822 DUTIES OF THE HEARING OFFICER In conjunction with the powers in this Section and in G.S. 143-151.17, the hearing officer shall perform the following duties, consistent with law: (1) Hear and rule on motions; (2) Grant or deny continuances; (3) Issue orders regard…

11 NCAC 08 .0823 CONSENT ORDER; SETTLEMENT; STIPULATION Informal disposition may be made of a contested case or an issue in a contested case by stipulation, agreement, or consent order at any time during the proceedings. Parties may enter into such agreements on their own or may …

11 NCAC 08 .0824 SETTLEMENT CONFERENCE (a) A settlement conference is for the primary purpose of assisting the parties in resolving disputes and for the secondary purpose of narrowing the issues and preparing for hearing. (b) Upon the request of any party, the hearing officer sha…

11 NCAC 08 .0825 PREHEARING CONFERENCE (a) The purpose of the prehearing conference is to simplify the issues to be determined; to obtain stipulations in regard to foundations for testimony or exhibits; to obtain stipulations of agreement on nondisputed facts or the application o…

11 NCAC 08 .0826 CONSOLIDATION OF CASES (a) The hearing officer may order a joint hearing of any matters at issue in contested cases involving common questions of law or fact or multiple proceedings involving the same or related parties, or may order the cases consolidated or mak…

11 NCAC 08 .0827 DISCOVERY (a) Discovery methods are means designed to assist parties in preparing to meet their responsibilities and protect their rights during hearings without unduly delaying, burdening or complicating the hearings process and with due regard to the rights and…

11 NCAC 08 .0828 SUBPOENAS (a) Subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be issued in accordance with G.S. 150B-39(c) and G.S. 1A-1 Rule 45. (b) A subpoena shall be serve…

11 NCAC 08 .0829 SANCTIONS (a) If a party fails to appear at a hearing or fails to comply with an interlocutory order of the hearing officer, the hearing officer may: (1) Find that the allegations of or the issues set out in the notice of hearing or other pleading may be taken as…

11 NCAC 08 .0830 MOTIONS (a) Any application to the hearing officer for an order shall be by motion, which shall be in writing unless made during a hearing, and must be filed and served upon all parties not less than 10 days before the hearing, if any, is to be held either on the…

11 NCAC 08 .0831 INTERVENTION (a) Any person not named in the notice of hearing who desires to intervene in a contested case as a party shall file a timely motion to intervene and shall serve the motion upon all existing parties. Timeliness will be determined by the hearing offic…

11 NCAC 08 .0832 CONTINUANCES (a) A request for a continuance of a hearing shall be granted upon a showing of good cause. Unless time does not permit, a request for a continuance of a hearing shall be made in writing to the hearing officer and shall be served upon all parties of …

11 NCAC 08 .0833 RIGHTS AND RESPONSIBILITIES OF PARTIES (a) A party has the right to present evidence, rebuttal testimony, and argument with respect to the issues of law and policy, and to cross-examine witnesses, including the author of a document prepared by, on behalf of, or f…

11 NCAC 08 .0834 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded. At the request of a party or upon the hearing officer's own motion, th…

11 NCAC 08 .0835 EVIDENCE (a) The North Carolina Rules of Evidence as found in Chapter 8C of the General Statutes govern in all contested case proceedings, except as provided otherwise in this Section and G.S. 150B-41. (b) The hearing officer may admit all evidence that has proba…

11 NCAC 08 .0836 OFFICIAL RECORD (a) The official record of a contested case is available for public inspection upon reasonable request. The hearing officer may, upon good cause shown and consistent with law, order part or all of an official record sealed. (b) The official record…

SECTION .0900 - MANUFACTURED HOUSING BOARD 11 NCAC 08 .0901 MANUFACTURED HOUSING BOARD The North Carolina Manufactured Housing Board is established to provide for a comprehensive framework for regulation of all segments of the manufactured housing industry. The Commissioner of In…

11 NCAC 08 .0902 ADDRESS The mailing address for the North Carolina Manufactured Housing Board is: North Carolina Manufactured Housing Board, c/o North Carolina Department of Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202. History Note: Authority G.S. 143-143.8; 143-…

11 NCAC 08 .0903 RULE-MAKING AND HEARING PROCEDURES Copies of Standards and rules adopted by the Manufactured Housing Board or the Commissioner of Insurance may be obtained by writing or calling: North Carolina Manufactured Housing Board Manufactured Building Division 1202 Mail S…

11 NCAC 08 .0904 FORMS (a) An application for a license as a manufactured housing manufacturer or manufactured housing dealer shall include the following: (1) the name of the person or business applicant; (2) the business address of the applicant; (3) the state under whose laws t…

11 NCAC 08 .0905 LICENSING (a) Any person employed by a dealer whose occupational activity is that of selling on behalf of the retail dealership shall be licensed as a salesperson. Each salesperson's license shall be conspicuously displayed at all times by the dealership employin…

11 NCAC 08 .0906 DUTIES AND RESPONSIBILITIES OF BOARD (a) The Board shall be required to keep minutes and records of all its transactions, proceedings and meetings, and duly certified copies thereof shall be sufficient to comply with the rules of evidence. (b) The Board may inves…

11 NCAC 08 .0907 UNFAIR COMPETITION AND DECEPTIVE PRACTICES Unfair methods of competition or unfair or deceptive commercial acts or practices shall include, but not be limited to: (1) Failure to perform repairs, alterations and/or additions completely or in a workmanlike and comp…

11 NCAC 08 .0908 SUSPENSION OF IMMINENT SAFETY HAZARD PERIOD (a) Suspension of the five day period to remedy imminent safety hazards in the event of widespread defects or damages resulting from adverse weather conditions or other natural catastrophes authorized by G.S. 143-143.18…

11 NCAC 08 .0909 MAINTENANCE OF RECORDS (a) Every manufactured housing manufacturer, supplier, dealer, and set-up contractor shall maintain for at least five years all service records. (b) Every manufactured housing manufacturer, supplier, dealer, or set-up contractor shall maint…

11 NCAC 08 .0910 COMPLAINT HANDLING AND INSPECTION PROCEDURE (a) Complaints received by telephone shall be confirmed in writing over the signature of the owner or his or her agent; however, this shall not delay any action to resolve the complaint. Complaints shall be processed as…