North Carolina Administrative Code

11 NCAC 08 .0602 NATURE OF PROBATIONARY CERTIFICATE (a) A probationary certificate may be issued as a building inspector, electrical inspector, mechanical inspector, plumbing inspector, or fire inspector, as set forth in the rule in this Chapter specific to the type of probationa…

11 NCAC 08 .0603 APPLICATION FORM: AVAILABILITY The Board shall provide, upon request, application forms for any person desiring a probationary certificate, obtainable from the Division of Engineering and Building Codes of the Department of Insurance. History Note: Authority G.S.…

11 NCAC 08 .0604 APPLICATION FORM: CONTENTS The application form requires the applicant to furnish all of the following pertinent information necessary to determine the qualifications of the applicant for a probationary certificate: (1) the date; (2) name, address and telephone n…

11 NCAC 08 .0605 APPLICATION: WHERE MADE AND FEE The completed application shall be returned to the Board at P.O. Box 26387, Raleigh, North Carolina 27611. Each application shall be accompanied by payment of a twenty dollar ($20.00) fee, either in cash or by a check made payable …

11 NCAC 08 .0606 CERTIFICATE If an application is found to be in order, the Board's staff shall mail a probationary certificate to the applicant at the address specified on the application. The certificate shall specify the type and level of code enforcement in which the applican…

11 NCAC 08 .0607 RETURN OF CERTIFICATE WHEN LEAVE EMPLOYMENT A probationary certificate shall remain valid only so long as the person certified is employed by the state or a local government as a code enforcement official of the type and level indicated on the certificate. When t…

SECTION .0700 - QUALIFICATION BOARD-STANDARD CERTIFICATE 11 NCAC 08 .0701 LEGAL REQUIREMENT History Note: Authority G.S. 143-151.13; Eff. January 15, 1980; Repealed Eff. February 1, 1991.

11 NCAC 08 .0702 NATURE OF STANDARD CERTIFICATE (a) The Board shall issue one or more standard certificates to each code enforcement official demonstrating the qualifications set forth in 11 NCAC 08 .0706, .0707, and .0734. Standard certificates are available for each of the foll…

11 NCAC 08 .0703 APPLICATION FORM: AVAILABILITY The Board shall provide, upon request, application forms for any person desiring a standard certificate, obtainable from the Division of Engineering and Building Codes of the Department of Insurance. History Note: Authority G.S. 143…

11 NCAC 08 .0704 APPLICATION FORM: CONTENTS The application form requires the applicant to furnish all of the following pertinent information necessary to determine the qualifications of the applicant for a standard certificate: (1) the date; (2) name, address, and telephone numb…

11 NCAC 08 .0705 APPLICATION: WHERE MADE AND FEE The completed application and all required supplementary information shall be returned to the Board at P.O. Box 26387, Raleigh, North Carolina 27611. Each application (whether for one or several standard certificates for a single i…

11 NCAC 08 .0706 REQUIRED QUALIFICATIONS: TYPES AND LEVELS (a) Qualification Levels: With respect to all types of code-enforcement officials certified by the Board prior to January 1, 2027, those with Level I, Level II, or Level III certificates shall be qualified to inspect and …

11 NCAC 08 .0707 SPECIAL CIRCUMSTANCES (a) Licensed Architect, Licensed General Contractor, Licensed Plumbing or Heating Contractor, Licensed Electrical Contractor, Licensed Professional Engineer. Applicants under this Paragraph shall be currently registered or licensed (as of Ju…

11 NCAC 08 .0708 CERTIFICATE (a) If an application meets the requirements of Rules .0704 and .0706 of this Section, the application fee has been paid, and the applicant qualified for a particular type and level of certificate, the Board's staff shall mail a standard certificate o…

11 NCAC 08 .0709 RENEWAL To remain effective, a standard certificate must be renewed in accordance with G.S. 143-151.16(b). Applications for renewal shall be made on forms furnished by the Division of Engineering and Building Codes of the Department of Insurance. A ten dollar ($1…

11 NCAC 08 .0710 RETURN OF CERTIFICATE WHEN LEAVE EMPLOYMENT A standard certificate issued by the Board shall remain valid only so long as the person certified is employed by the State of North Carolina or any political subdivision thereof as a code enforcement official. When the…

11 NCAC 08 .0711 PRE-QUALIFICATION PROGRAM The Board may prequalify, as an inspector, an applicant who is not an employee of a city, county, or state inspection department. The Board shall accept applicants who meet the same education, experience, and other requirements listed in…

11 NCAC 08 .0712 CONTINUING EDUCATION - GENERAL As a condition of certificate renewal, holders of active standard and limited certificates must meet continuing education (CE) requirements in accordance with 11 NCAC 08 .0713 through 08 .0733. Courses and sponsors must meet the req…

11 NCAC 08 .0713 CONTINUING EDUCATION REQUIREMENTS (a) To be eligible to renew a certificate, whether active standard or active limited, a Code Enforcement Official (CEO) shall have completed the requisite number of credit hours by June 30, 2007, and each June 30 thereafter. (b) …

11 NCAC 08 .0714 INACTIVE CODE ENFORCEMENT OFFICIALS (a) A CEO either who is no longer employed by a local inspection department or who remains employed by a local inspection department but no longer has Code enforcement responsibility shall be inactive. Inactive CEOs shall not b…

11 NCAC 08 .0715 FAILURE TO COMPLETE CONTINUING EDUCATION Any active CEO who fails to complete the required continuing education courses by June 30 of the current renewal year shall have his or her certificates suspended until the CE requirement is met. A CEO without a currently …

11 NCAC 08 .0716 COMPLIANCE (a) General CEO compliance with annual CE requirements may be determined through an audit process conducted by the Board's staff. Determination of individuals to be audited shall be accomplished either through a random selection process or based on inf…

11 NCAC 08 .0717 EXTENSIONS OF TIME Upon petition to the Board staff, extensions of time to complete continuing education courses shall be granted to CEOs for good cause only, such as military service, physical disability, illness, and similar hardship if the period of hardship e…

11 NCAC 08 .0718 COURSE SPONSORS (a) A course sponsor is an organization or individual that has submitted an application and has been approved by the Board to provide courses and instructors for continuing education. No retroactive approval of a sponsor shall be granted by the Bo…

11 NCAC 08 .0719 CONTINUING EDUCATION COORDINATOR Each sponsor of a CE course shall designate one person to serve as the Continuing Education Coordinator for all Board-approved continuing education courses offered by the sponsor. The designated Coordinator shall serve as the offi…

11 NCAC 08 .0720 APPROVED COURSES (a) To be approved for credit in the continuing education program, a course shall be directly related to State Building Codes, inspection, administration, or enforcement of State Building Codes; construction or design of buildings or electrical, …

11 NCAC 08 .0721 COURSE ACCREDITATION REQUIREMENTS (a) Sponsors of prospective CE courses shall apply for approval from the Board by submitting the following information to the Board's staff for consideration: (1) course title and outline; (2) nature and purpose of the course; (3…

11 NCAC 08 .0722 DISTANCE EDUCATION COURSES A distance education course is a continuing education course in which instruction is accomplished through the use of media and methods whereby instructor and student are separated by distance and sometimes by time. In addition to fulfil…

11 NCAC 08 .0723 DENIAL OR WITHDRAWAL OF APPROVAL OF SPONSOR OR COURSE The Board may deny, suspend or terminate approval of sponsors or courses offered by a sponsor if the Board finds a failure to comply with the Board's rules or the course outline, or for misstatements as to con…

11 NCAC 08 .0724 SPONSOR AND COURSE CHANGES (a) Course sponsors shall obtain prior approval from the Board's staff for any proposed changes in the content or number of hours for approved CE courses. Requests for approval of changes shall be in writing. The Board's staff shall app…

11 NCAC 08 .0725 NOTICE OF SCHEDULED COURSES (a) A sponsor shall provide the Board's staff with written notice of each scheduled course offering no later than 20 calendar days before a scheduled course date. The notice shall include the name and assigned number for the sponsor, t…

11 NCAC 08 .0726 ADVERTISING AND PROVIDING COURSE INFORMATION (a) Course sponsors shall not use false or misleading advertising. (b) Any flyers, brochures, or other medium used to promote a CE course shall describe the fee to be charged and the sponsor's cancellation and fee refu…

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. …