North Carolina Administrative Code

21 NCAC 50 .0510 LICENSE REQUIREMENTS GENERALLY An individual may not perform any work which is within the scope of G.S. 87-21(a)(1), 87-21(a)(2), 87-21(a)(3), 87-21(a)(4), 87-21(a)(11), or 87-21(b)(2), and not otherwise excluded by G.S. 87-21(c), 87-21(c1) or 87-25, for any othe…

21 ncac 50 .0511 FUEL PIPING The contracting or installation of fuel piping extending from an approved fuel source at or near the premises, to a point within the premises, requires either Plumbing, Heating Group 1, Heating Group 2, Heating Group 3, or Fuel Piping license regardle…

21 ncac 50 .0512 EMPLOYEES EXEMPTED FROM LICENSURE (a) An unlicensed person who is directly and regularly employed in the ordinary course of business by a contractor licensed pursuant to G.S. 87, Article 2 is not required to have a license and shall not be subject to an action fo…

21 NCAC 50 .0513 FIRE SPRINKLER INSPECTION TECHNICIAN LICENSE (a) License in the Fire Sprinkler Inspection Technician classification is required of the technician who carries out periodic inspection of fire sprinkler systems consistent with NFPA-25. (b) Periodic observation and t…

21 NCAC 50 .0514 FIRE SPRINKLER INSPECTION CONTRACTOR LICENSE (a) License in the Fire Sprinkler Inspection Contractor classification is required of persons who engage in the business of contracting to perform or performing independent testing and inspections of fire sprinkler sys…

21 nCAC 50 .0515 FIRE SPRINKLER MAINTENANCE Technician LICENSE (a) License in the Fire Sprinkler Maintenance Technician classification is required of the technician who carries out periodic maintenance observation or testing of water-based fire protection systems. Licenses shall …

21 NCAC 50 .0516 RESIDENTIAL FIRE SPRINKLER INSTALLATION LICENSE License in the Residential Fire Sprinkler Installation Contractor classification is required of persons who engage in the business of contracting to perform or performing the installation of multipurpose one or two …

21 NCAC 50 .0517 PLUMBING, HEATING AND FUEL PIPING TECHNICIAN LICENSE (a) The holder of license as a Heating, Group 1 Technician shall be a full-time employee of a Heating, Group No. 1 Contractor. (b) The holder of license as a Heating, Group 2 Technician shall be a full-time emp…

21 NCAC 50 .0518 RESTRICTED LIMITED PLUMBING CONTRACTOR LICENSE Licensure in the Restricted Limited Plumbing Contractor classification is required of persons who do not possess a license as a plumbing contractor, but contract install, repair or replace: (1) exterior building sewe…

21 NCAC 50 .0519 RESIDENTIAL FIRE SPRINKLER DESIGN CONTRACTOR license (a) A licensed Residential Fire Sprinkler Design Contractor is authorized to design residential fire sprinkler Systems consistent with NFPA 13D Residential Multipurpose Fire Sprinkler Systems as set forth in th…

21 NCAC 50 .0520 ONSITE SUPERVISION AND STANDARD OF COMPETENCE The general supervision required by G.S. 87-26 requires that a licensee of the firm who holds the proper licensing qualification issued by the Board pursuant to G.S. 87-21(b) shall personally perform on-site and in-pe…

SECTION .1000 – CONTESTED CASES 21 NCAC 50 .1001 RIGHT TO HEARING History Note: Authority G.S. 87-18; 150B-38; Eff. May 1, 1989; Repealed Eff. August 1, 2000.

21 NCAC 50 .1002 REQUEST FOR HEARING (a) Any time an aggrieved party believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, but has not received notice of a right to an administrative hearing, that individual may file a r…

21 NCAC 50 .1003 GRANTING OR DENYING HEARING REQUEST (a) The Board will grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B-2(6). (b) The denial of request for a hearing will be issued immedi…

21 ncac 50 .1004 NOTICE OF HEARING (a) Hearings of the Board are commenced and conducted consistent with G.S. 150B, Article 3A. (b) If the Board determines that the public health, safety or welfare requires such action, it shall issue an order summarily suspending a license. Upon…

21 NCAC 50 .1005 WHO SHALL HEAR CONTESTED CASES All administrative hearings will be conducted by the Board or a panel consisting of a majority of the members of the Board. History Note: Authority G.S. 87-18; 150B-11; 150B-38; 150B-40; Eff. May 1, 1989; Amended Eff. December 31, 2…

21 NCAC 50 .1006 INFORMAL PROCEDURES (a) The Board and party or parties may agree at a pre-hearing conference to simplify the hearing by: decreasing the number of issues to be contested at the hearing; accepting the validity of proposed evidence; accepting the findings in another…

21 NCAC 50 .1012 FINAL DECISION In all cases heard by the Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. This decision will be the prerequisite "final agency decision" for the right to judicia…

21 NCAC 50 .1013 PROPOSALS for decision History Note: Authority G.S. 87-18; 150B-11; 150B-38; 150B-40; Eff. May 1, 1989; Repealed Eff. August 1, 2000.

21 NCAC 50 .1014 ADMINISTRATIVE HEARING PROCEDURES (a) The Rules establishing procedures for contested cases adopted by the Office of Administrative Hearings as contained in Title 26, Chapter 3 of the North Carolina Administrative Code are hereby incorporated by reference, includ…

SECTION .1100 - FEES 21 NCAC 50 .1101 EXAMINATION FEES (a) An application to reissue or transfer a license to a different corporation, partnership or individual name requires a fee of twenty-five dollars ($25.00). (b) An application to issue or transfer a license to the license o…

21 NCAC 50 .1102 LICENSE FEES (a) Except as set out in Paragraphs (b) and (d) of this Rule, the annual license fee for plumbing, heating, and fuel piping contractor licenses issued or renewed by the Board is one hundred fifty dollars ($150.00). (b) The annual license fee for a li…

21 NCAC 50 .1103 EXPANDING SCOPE OF LICENSE History Note: Authority G.S. 87-18; 87-22; Eff. May 1, 1989; Temporary Amendment Eff. November 17, 1989 for a period of 77 days to expire on February 1, 1990; Amended Eff. March 1, 1990; Repealed Eff. August 1, 2002.

21 ncac 50 .1104 FEES FOR COPIES OF RECORDS AND RETURNED CHECKS The Board charges the following fees: (1) copies of license $20.00 (2) abstract of license record $25.00 per license record search (3) processing fee for returned checks maximum allowed by G.S. 25-3- 506 (4) copy of …

21 NCAC 50 .1105 ANNUAL REPORTS The Board shall file all reports required by G.S. 93B-2 as well as the audit required by G.S. 93B-4. In case of untimely filing of a report required by G.S. 93B-2, the Board shall hold in escrow any fees collected between the filing deadline and th…

21 NCAC 50 .1106 PETITION FOR PREDETERMINATION (a) An individual who wishes to file a petition for a predetermination of whether the individual's criminal history will likely disqualify the individual from obtaining a license from the Board shall submit a petition in writing at t…

SECTION .1200 - PETITIONS FOR RULES 21 NCAC 50 .1201 PETITION FOR RULEMAKING HEARINGS Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall address a petition to: State Board of Examiners of Plumbing, Heating and Fire Sp…

21 NCAC 50 .1202 CONTENTS OF PETITION The petition shall include the following information: (1) an indication of the subject area to which the petition is directed; for example, "This is a petition to hold a rulemaking hearing to amend Rule .0000 pertaining to Administrative Proc…

21 NCAC 50 .1203 DISPOSITION OF PETITIONS (a) The Executive Director of the Board shall determine whether the public interest will be served by granting the request. Prior to making this determination, the Executive Director may request additional information from the petitioner(…

21 NCAC 50 .1204 NOTICE OF RULEMAKING HEARINGS Upon a determination to hold a rulemaking proceeding, either in response to a petition or otherwise, the Board will give notice of a public hearing on the proposed rule, consistent with G.S. 150B-21.2. History Note: Authority G.S. 87…

21 NCAC 50 .1205 ADOPTION OF RULES The procedure followed by the Board in adoption of rules may be found in Article 2A, Part 2, Chapter 150B of the General Statutes, as amended from time to time. History Note: Authority G.S. 87-18; 150B-21.1 et seq.; 150B-21.2; Eff. February 1, 1…

21 NCAC 50 .1206 ADDITIONAL INFORMATION History Note: Authority G.S. 87-18; 150B-21; 150b-21.2; Eff. February 1, 1991; Amended Eff. June 11, 1998; Repealed Eff. August 1, 2000.

21 NCAC 50 .1207 REQUEST TO PARTICIPATE Any person desiring to present oral data, views, or arguments on the proposed rule is asked to advise the Board at least 10 days prior to the hearing. Any person who makes an oral presentation is encouraged to submit a written copy of the p…

21 NCAC 50 .1208 CONTENTS OF REQUEST; GENERAL TIME LIMITATIONS A request to make an oral presentation should contain a clear reference to the proposed rule, a brief summary of the individual's views in respect thereto, and how long the individual desires to speak. Presentations s…

21 NCAC 50 .1209 RECEIPT OF REQUEST; SPECIFIC TIME LIMITS Upon receipt of notice of a person's desire to present his views orally, the Board will acknowledge receipt of the request and inform the person of the imposition of any limitations deemed necessary to the end of a full an…

21 NCAC 50 .1210 WRITTEN SUBMISSIONS (a) Any person may file a written submission containing data, comments or arguments, after publication of a rulemaking notice and up to the day of the hearing, unless a different period has been prescribed in the notice. These written comments…

21 NCAC 50 .1211 PRESIDING OFFICER; POWERS AND DUTIES The presiding officer at the hearing shall have complete control of the proceedings, including: extensions of any time requirements, recognition of speakers, time allotments for presentations, the right to question speakers, d…

21 NCAC 50 .1214 TEMPORARY RULES Temporary rules may be adopted under the circumstances described in G.S 150B-21.1. History Note: Authority G.S. 87-18; 150B-21.1; Eff. February 1, 1991; Amended Eff. August 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary without substantiv…

SECTION .1300 - DECLARATORY RULINGS 21 NCAC 50 .1301 SUBJECTS OF DECLARATORY RULINGS Any person aggrieved by a statute administered or rule promulgated by the Board, may request a declaratory ruling as to either the manner in which a statute or rule applies to a given factual sit…

21 NCAC 50 .1302 SUBMISSION OF REQUEST FOR RULING All requests for declaratory rulings shall be written and mailed to the Board at 1109 Dresser Court, Raleigh, North Carolina 27609. The container of the request shall bear the notation: REQUEST FOR DECLARATORY RULING. The request …

21 NCAC 50 .1303 DISPOSITION OF REQUESTS (a) When the Board deems it appropriate to issue a declaratory ruling it shall issue such declaratory ruling within 60 days of receipt of the petition. (b) A declaratory ruling proceeding may consist of written submissions, an oral hearing…

21 NCAC 50 .1304 RECORD OF DECISION A record of all declaratory rulemaking proceedings will be maintained in the office of the Board for as long as the ruling is in effect and for five years thereafter. This record will contain: the petition, notice, all written submissions filed…

21 NCAC 50 .1305 DEFINITION For purposes of Rule .1304 of this Section, a declaratory ruling shall be deemed to be "in effect": until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Board changes the declaratory ruling prospect…

section .1400 – CONTINUING EDUCATION 21 ncac 50 .1401 CONTINUING EDUCATION REQUIREMENTS History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. January 1, 2010; May 1, 2006; January 1, 2004; April 1, 2003; Repealed Eff. December 31, 2012.

21 ncac 50 .1402 EXEMPTIONS AND CREDITS History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. January 1, 2010; May 1, 2006; April 1, 2003; Repealed Eff. December 31, 2012.

21 ncac 50 .1403 COMPUTATION OF CONTINUING EDUCATION HOURS History Note: Authority G.S. 87-21(b)(3); 87-2; Eff. April 1, 2001; Amended Eff. April 1, 2003; Repealed Eff. December 31, 2012.

21 NCAC 50 .1404 COURSE REQUIREMENTS AND LIMITATIONS History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. January 1, 2010; June 1, 2006; April 1, 2003; Repealed Eff. December 31, 2012.

21 ncac 50 .1405 APPROVAL OF COURSES History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. January 1, 2010; April 1, 2003; Repealed Eff. December 31, 2012.

21 NCAC 50 .1406 reserved for future codification

21 NCAC 50 .1407 CERTIFICATION OF COURSE COMPLETION BY LICENSEES AND PROVIDERS History Note: Authority G.S. 87-21(b)(3); 87-22; Eff. April 1, 2001; Amended Eff. March 15, 2003; Repealed Eff. December 31, 2012.