North Carolina Administrative Code

13 NCAC 12 .0802 RECORD RETENTION All records, posted notices and writings required by the Wage and Hour Act and the rules and regulations promulgated thereunder must be retained by employers for three years, unless a different period of time is specifically stated elsewhere in t…

13 NCAC 12 .0803 SCOPE OF PROMISED WAGES For the purposes of G.S. 95-25.13, the term "promised wages" includes all forms of wages as defined in G.S. 95-25.2(16), and any policy or practice that may affect the rate, amount or payment of wages. History Note: Authority G.S. 95-25.2;…

13 NCAC 12 .0804 NOTIFICATION AT TIME OF HIRING An employee's signature on an employer's written notice of the promised wages which bears the date on which the employee was provided with the notice shall be presumptive evidence of the employer's notification in accordance with G.…

13 NCAC 12 .0805 NOTIFICATION DURING EMPLOYMENT (a) Employers shall satisfy the notice requirements of G.S. 95-25.13(2) by posting or making available to its employees in writing all policies and practices relating to promised wages in a manner, place and time which ensures that …

13 NCAC 12 .0806 MEANING OF "MAINTAINED IN A PLACE ACCESSIBLE" For the purposes of G.S. 95-25.13(2) and (3) and these Rules, the phrase "maintained in a place accessible" applies to the posting and to the writing. "Accessible" with respect to posting means "easily approached and …

13 NCAC 12 .0807 METHODS OF PROVIDING EMPLOYEES WITH ITEMIZED STATEMENT OF DEDUCTIONS The employer may provide the itemized statement required by G.S. 95-25.13(4) of deductions under G.S. 95-25.8: (1) in writing; or (2) by electronic mail, but only if such a transmission is capab…

SECTION .0900 – E-VERIFY 13 NCAC 12 .0901 SCOPE AND ADDRESS (a) The Commissioner of Labor or her designee administers the provisions of Chapter 64, Article 2 of the North Carolina General Statutes and is responsible for receiving and investigating complaints, conducting hearings …

13 NCAC 12 .0902 DEFINITIONS In addition to the definitions contained in G.S. 64-25, the following definitions apply throughout this Section: (1) "Anonymous" means having an unknown or unacknowledged name or origin; (2) "Date of hire" means the first day that an individual meets …

13 NCAC 12 .0903 PRESUMPTION OF COMPLIANCE (a) The Commissioner or her designee shall presume that an employer has complied with the provisions of G.S. 64-26 and this Section if the employer verified the work authorization of an employee using E-Verify within three employer busin…

13 NCAC 12 .0904 FILING OF COMPLAINTS (a) Complaints may be made on the form available at www.nclabor.com, or verbally by contacting the North Carolina Department of Labor at 1-800-625-2267. (b) All verbal complaints or complaints filed on a form other than the one prescribed in …

13 NCAC 12 .0905 HEARINGS (a) If after an investigation the Commissioner or her designee determines that a complaint is not false and frivolous, the matter shall be referred to hearing before a hearing officer designated by the Commissioner. The hearing officer shall conduct a he…

13 NCAC 12 .0906 CIVIL PENALTIES (a) In civil penalty cases, the Commissioner shall notify the employer by certified mail of the following: (1) the nature of the violation; (2) the amount of the civil penalty; and (3) that the civil penalty is final, unless the employer takes exc…

chapter 13 – boiler and pressure vessel SECTION .0100 - DEFINITIONS 13 NCAC 13 .0101 DEFINITIONS The following definitions shall apply throughout the rules in this Chapter and shall be construed as controlling in case of any conflict with the definitions contained in ANSI/NB-23 N…

13 NCAC 13 .0102 CONTROLLING DEFINITIONS History Note: Authority G.S. 95-69.11; 95-69.14; Eff. May 29, 1981; Repealed Eff. July 1, 2006.

13 NCAC 13 .0103 INCORPORATED - STANDARDS (a) The following standards are incorporated by reference, including subsequent amendments and editions of the standards: (1) The ANSI/NB-23 National Board Inspection Code (NBIC) Parts 2, 3, and 4. Copies of the ANSI/NB-23 National Board …

SECTION .0200 - ADMINISTRATION 13 NCAC 13 .0201 NAME: ADDRESS (a) The Boiler Safety Bureau, which administers the provisions of Article 7A of G.S. Chapter 95, is located at the following physical address: North Carolina Department of Labor Boiler Safety Bureau Old Revenue Buildin…

13 NCAC 13 .0202 INSPECTOR QUALIFICATION (a) Deputy Inspectors, Special Inspectors and Owner-User Inspectors conducting in-service inspections shall be in possession of a valid National Board Commission and a valid North Carolina Commission. (b) A North Carolina Commission shall …

13 NCAC 13 .0203 NORTH CAROLINA COMMISSION (a) When requested by the employer and upon presentation of a completed Application for Commission as an Inspector of Boilers and Pressure Vessels, a North Carolina Commission, bearing the signature of the Commissioner or Chief Inspector…

13 NCAC 13 .0204 CONFLICT OF INTEREST No one holding a commission in North Carolina shall engage in any conduct or endeavor that would constitute a conflict of interest including the following: (1) Ownership or employment in any kind of boiler or pressure vessel sales or service …

13 NCAC 13 .0205 OWNER-USER INSPECTION ORGANIZATION (a) A company seeking to conduct inspections of its own pressure vessels shall file an application with the Chief Inspector, accompanied by the Certificate of Accreditation issued by the National Board as an Owner-User Inspectio…

13 NCAC 13 .0206 OWNERS OR USERS TO NOTIFY CHIEF INSPECTOR OF ACCIDENTS (a) The owner or user of a boiler or pressure vessel shall notify the Chief Inspector within 24 hours when a device is rendered inoperative due to an over pressurization, dry firing or any related event that …

13 NCAC 13 .0207 INSPECTION REPORTS (a) Inspection reports shall be filed using National Board form NB-6 or a form containing the equivalent information. Inspectors shall file inspection reports with the Chief Inspector electronically into an inspection report database approved b…

13 NCAC 13 .0208 INSURANCE COMPANIES TO NOTIFY CHIEF INSPECTOR (a) All insurance companies shall notify the Chief Inspector within 10 working days if any of the following actions are taken concerning boiler or pressure vessels: (1) the issuance of a policy; (2) the cancellation o…

13 NCAC 13 .0209 INSTALLERS TO NOTIFY CHIEF INSPECTOR Any company or individual installing boilers or pressure vessels subject to inspection in accordance with this Chapter shall notify the Chief Inspector and request a certificate inspection not less than 10 working days prior t…

13 NCAC 13 .0210 SHOP INSPECTIONS AND NATIONAL BOARD "R" certificate QUALIFICATION REVIEWS (a) Shop Inspections. (1) Manufacturers or repair firms seeking to employ the Boiler Safety Bureau to act as their Authorized Inspection Agency pursuant to the ASME Code or National Board I…

13 NCAC 13 .0211 CERTIFICATE INSPECTIONS (a) A commissioned inspector shall perform a direct in-person inspection of all boilers and pressure vessels at the time of installation and at regular intervals thereafter, as provided in this Rule. (b) Subject to the exceptions in Paragr…

13 NCAC 13 .0212 PREPARATION FOR INSPECTION (a) The owner or user shall prepare a high pressure boiler, including locomotive, hobby and exhibition boilers, for internal inspection by: (1) cooling the boiler, furnace, and setting so as to prevent damage to any part; (2) draining a…

13 NCAC 13 .0213 CERTIFICATE AND INSPECTION FEES (a) An owner or user, or insurance company, shall pay a fifty dollar ($50.00) certificate and processing fee to the North Carolina Department of Labor for certificate inspections performed by an Insurance Inspector. (b) An owner or…

13 NCAC 13 .0214 EXTENDED PRESSURE EQUIPMENT OPERATING CERTIFICATES (a) G.S. 95-69.11, G.S. 95-69.16, and 13 NCAC 13 .0211(m) of this Chapter allows the Commissioner, or the Chief Inspector as delegated by the Commissioner, to modify the inspection frequency for individual pressu…

SECTION .0300 - ENFORCEMENT OF STANDARDS 13 NCAC 13 .0301 INSPECTION DOCUMENTATION (a) The inspector shall document the condition of the pressure equipment, items inspected, and the results of the inspection on a written inspection report or in an electronic format recognized by …

13 NCAC 13 .0302 CERTIFICATE ISSUANCE (a) The Chief Inspector shall issue an inspection certificate to the owner/user, upon receipt of payment, when the boiler or pressure vessel is found to be in compliance with this Chapter. (b) The owner or user shall post the inspection certi…

13 NCAC 13 .0303 INSPECTIONS REVEALING DEFICIENCIES (a) After a violation or deficiency has been reported by a Commissioned Inspector, the owner or user shall complete any required repairs or corrective action and request a reinspection or follow-up inspection as defined in this …

13 NCAC 13 .0304 APPEALS (a) If the owner or user believes that the recommendations of the inspector are not warranted, they may request a review by the Chief Inspector within 15 days of the inspection. The Chief Inspector shall notify the owner or user of the decision in writing…

13 NCAC 13 .0305 MENACE TO PUBLIC SAFETY NOTICE (a) The Chief Inspector or designee may post a menace to public safety notice on the boiler or pressure vessel: (1) if the owner or user fails to request a reinspection within 60 days of an inspection during which deficiencies were …

13 NCAC 13 .0306 VIOLATIONS (a) Any person or legal entity operating a boiler or pressure vessel: (1) without an inspection certificate; (2) after the inspection certificate has expired; (3) while the inspection certificate is suspended; (4) after the inspection certificate has b…

SECTION .0400 – GENERAL REQUIREMENTS 13 NCAC 13 .0401 DESIGN AND CONSTRUCTION STANDARDS (a) The design, construction, installation, inspection, stamping, certification, and operation of all boilers and pressure vessels shall conform to the rules in this Chapter and the Accepted D…

13 NCAC 13 .0402 NORTH CAROLINA STAMPING AND REGISTRATION (a) Boilers and pressure vessels shall be registered with the National Board and shall bear the National Board stamping as follows: (1) high pressure boilers installed after November 2, 1946; (2) heating boilers, except ca…

13 ncac 13 .0403 MAXIMUM ALLOWABLE WORKING PRESSURE (a) An inspector may lower the maximum allowable working pressure of any boiler or pressure vessel because of age, condition or the circumstances under which it is operated. (b) The inspector shall justify the reduction in the m…

13 NCAC 13 .0404 CONTROLS AND SAFETY DEVICES Boilers and pressure vessels shall be equipped with all suitable controls and safety devices required for safe operation of the equipment. Controls and safety devices shown in Table-0404 in this Rule are considered minimum requirements…

13 NCAC 13 .0405 PRESSURE RELIEF DEVICES (a) Boilers and pressure vessels shall be protected from overpressurization by a pressure relief device. All pressure relief devices installed on any boiler or pressure vessel shall be constructed and stamped in accordance with the Accepte…

13 NCAC 13 .0406 HIGH PRESSURE OR TEMPERATURE LIMIT CONTROL (a) Each automatically fired steam boiler or system of commonly connected steam boilers shall have at least one steam pressure control that shuts off the fuel supply to each boiler or system of commonly connected boilers…

13 NCAC 13 .0407 PRESSURE GAUGES (a) Boilers and pressure vessels, other than water heaters, shall be provided with a pressure indicating gauge which is visible to the operator on the floor or normal work platform. (b) Pressure gauges shall have a pressure range of not less than …

13 NCAC 13 .0408 GAUGE GLASSES AND WATER COLUMNS (a) Steam boilers, except for forced flow steam boilers and forced flow water boilers requiring forced circulation to prevent overheating of the tubes, shall be provided with a visible gauge glass which will allow the operator to o…

13 NCAC 13 .0409 AUTOMATIC LOW-WATER FUEL CUTOFF CONTROLS AND WATER-FEEDING DEVICES (a) Each automatically fired steam or vapor boiler, except miniature boilers, shall meet the following criteria: (1) Have at least two automatic low-water fuel cutoff devices; (2) One of the low-w…

13 NCAC 13 .0410 TEMPERATURE GAUGES/THERMOMETERS/TEMPERATURE SENSORS (a) Every high temperature water boiler, hot water heating boiler, hot water supply boiler or water heater shall be provided with a temperature gauge, thermometer or temperature sensor with the display located a…

13 NCAC 13 .0411 VALVES, DRAINS, AND BOTTOM BLOWOFFS (a) High pressure boilers operating in excess of 100 psig must be provided with two stop valves for boiler blowoff and drain outlets. Any boiler having a common steam connection with another boiler, and having a manhole opening…

13 NCAC 13 .0412 EXPANSION TANKS (a) Hot water heating systems shall allow for thermal expansion and contraction of the piping to prevent excessive stress from being introduced into the pipe or connected equipment. (b) When new equipment is installed and a backflow prevention sys…

13 NCAC 13 .0413 CLEARANCES (a) All boilers and pressure vessels shall be located so that adequate space is provided for proper operation, including visibility of all gauges, for the inspection of all surfaces, tubes, waterwalls, economizers, piping, valves and other equipment, a…

13 NCAC 13 .0414 GAS-FIRED JACKETED STEAM KETTLE Gas-fired jacketed steam kettles having a steam space of such size that they are subject to the rules in this Chapter shall be equipped with the operating controls and safety devices required for boilers, except that only one low w…

13 NCAC 13 .0415 AGE LIMIT FOR CERTAIN BOILERS AND PRESSURE VESSELS (a) Except as provided in Paragraph (b) of this Rule, a boiler or pressure vessel shall not be operated for longer than 20 years from the date of its installation if it is not constructed according to the ASME Co…