North Carolina Administrative Code

21 NCAC 48H .0704 DECLARATORY RULINGS (a) All requests for a declaratory ruling shall be in writing and submitted to the Board=s Executive Director and must include the following information: (1) name and address of person requesting declaratory ruling; (2) statute or rule to whi…

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 May 1, 1989; Repealed Eff.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. F…

21 NCAC 50 .0106 LOCATION OF OFFICE The mailing address of The State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors is 1109 Dresser Court, Raleigh, NC 27609. The office hours are set forth on the Board website, www.nclicensing.org. History Note: Authority …

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 May 1, 1989; Repealed Eff.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 October 1, 1986; Repealed Eff.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 September 29, 1977; Repealed Eff.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.nc…

SECTION .0300 - EXAMINATIONS 21 NCAC 50 .0301 QUALIFICATIONS DETERMINED BY EXAMINATION (a) In order to determine the qualifications of an applicant, the Board shall administer a written or computer-based examination covering the following categories: (1) Plumbing Contracting, Cla…

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; Pu…

21 NCAC 50 .0306 APPLICATIONS: ISSUANCE OF LICENSE (a) All applicants for licensure or examination shall submit an application, setting forth the information required in G.S. 87-21 and the rules of this Chapter, on a form available on the Board website, http://www.nclicensing.org…

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 …

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 E…

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 expa…

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: Authori…

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 identificati…

21 NCAC 50 .0312 STATE AND LOCAL GOVERNMENT PLUMBING OR HEATING TECHNICIAN (a) In order to determine the qualifications of an applicant for a license as a State or local government plumbing or heating technician, the Board shall provide a written or computer-based examination in …

21 NCAC 50 .0313 responsibilities of State and Local Government Technician licensees (a) A State and local government technician licensee shall be required to list their license with the Board in the name of the State and local government agency by whom the licensee is employed, …

21 NCAC 50 .0314 PRIVATE EDUCATIONAL INSTITUTION PLUMBING OR HEATING TECHNICIAN (a) Applicants for a license as a Private Educational Institution Plumbing or Heating Technician shall obtain a license based on experience set forth in Paragraph (c) of this Rule and shall pass the C…

21 NCAC 50 .0315 responsibilities of private educational institution technician licensees (a) A licensed Private Educational Institution Technician shall list their license with the Board in the name of the private educational institution by whom the licensee is employed. (b) The…

21 NCAC 50 .0316 RESIDENTIAL FIRE SPRINKLER DESIGN CONTRACTOR license (a) Applicants for a Residential Fire Sprinkler Design Contractor license shall obtain a license based on experience set forth in Paragraph (b) of this Rule and shall be required to pass the Residential Fire Sp…

21 NCAC 50 .0317 RESPONSIBILITIES OF RESIDENTIAL FIRE SPRINKLER DESIGN CONTRACTORS (a) Residential Fire Sprinkler Design Contractor licensees shall design NFPA 13D residential multipurpose fire sprinkler systems consistent with NFPA 13D design requirements and the water design co…

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 e…

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 w…

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…

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 from which the majority of his or her work is carried out. (b) A licensee shall only …

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,…

21 NCAC 50 .0407 CORPORATIONS, PARTNERSHIPS AND TRADE NAMES (a) Licensees shall 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, State or local governmental a…

21 NCAC 50 .0408 CHANGE OF TRADE NAME (a) The trade name under which a license is issued may be changed upon written request to and compliance with Paragraph (b) of this Rule. If the Board approves the name change, the last license issued to the licensee must be returned to the B…

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-…

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 en…

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 examina…

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 susp…

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…

21 NCAC 50 .0414 SUPERVISION IN ABSENCE OF INSPECTION In lieu of the supervision required by Rule .0505 of this Chapter, the holder of the qualifications upon which a license is based shall personally examine all work performed in reliance upon the license at completion and befor…

21 ncac 50 .0415 pROPOSAL, BID, ESTIMATE, PERFORMANCE UNDER G.S. 87-1.1 For a Contractor licensed by the State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors to qualify to bid either electrical or general contracting projects pursuant to G.S. 87-1.1, the b…

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 sys…

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 licen…

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; Ef…

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 tha…

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 mino…

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; Readopt…

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.…

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.