Legislators
are elected members to the General Assembly to make basic or other necessary
changes in the law in helping people.
Changes to the law are continuously being made during each session of
the General Assembly.
Here
are some legislative changes in the last Session of the 2013 General Assembly;
Article 2 and Article 4.
Article 2. - Plumbing and Heating Contractors.
§ 87-21. (k) Definitions; contractors licensed by Board;
examination; posting license, etc. (2013-332, s. 1.)
§
87-22.2. (d) Licensing of nonresidents.
(2013-157,
s. 21.)
§ 87-25.1. Board may seek injunctive relief. (2013-332, s. 2.)
Article 4 - Electrical Constructors
HVAC
Changes in NC General Assembly:
§ 87-21. (k) Definitions; contractors licensed by Board;
examination; posting license, etc. 2013-332, s. 1
§ 87-22.2. (d)
Licensing of nonresidents. (2013-157, s. 21.)
§ 87-25.1. Board may seek injunctive relief. (2013-332, s. 2.)
§ 87-43.1. Exceptions. (2013-58, s. 1; 2014-120, s. 42(a).)
§ 87-44.2. (d) Licensing of nonresidents. (2013-157, s. 22.)
License fee; expiration and
renewal; reinstatement.
§ 87-22. License fee; expiration and renewal;
reinstatement.
All persons,
firms, or corporations engaged in the business of either plumbing or heating
contracting, or both, shall pay an annual license fee not to exceed one hundred
fifty dollars ($150.00). The annual fee for a piping or restricted
classification license shall not exceed that for a plumbing or heating license.
All persons, firms, or corporations engaged in the business of fire sprinkler
contracting shall pay an initial application fee not to exceed seventy-five
dollars ($75.00) and an annual license fee not to exceed three hundred dollars
($300.00). In the event the Board refuses to license an applicant, the license
fee deposited shall be returned by the Board to the applicant. All licenses
shall expire on the last day of December in each year following their issuance
or renewal. Persons who obtain a license by passing an examination on or after
October 1 of any year may receive a license for the remainder of the year by
paying one-half of the usual license fee for that classification of license. It
shall be the duty of the secretary and treasurer to send by United States mail
or e-mail to every licensee registered with the Board, notice to the licensee's
last known address reflected on the records of the Board of the amount of fee
required for renewal of license, the notice to be mailed at least one month in
advance of the expiration of the license. The Board may require payment of all
unpaid annual fees before reissuing a license. In the event of failure on the
part of any person, firm or corporation to renew the license certificate
annually and pay the required fee during the month of January in each year, the
Board shall increase the license fee by twenty-five dollars ($25.00) to cover
any additional expense associated with late renewal. The Board shall require
reexamination upon failure of a licensee to renew license within three years
after expiration. The Board may adopt regulations requiring attendance at
programs of continuing education as a condition of license renewal. A licensee
employed full time as a local government plumbing, heating, or mechanical
inspector and holding qualifications from the Code Officials Qualifications
Board may renew the license at a fee not to exceed twenty-five dollars
($25.00).
(Addition) (Insert) Exception: When and after a former piping,
restricted classification license for a plumbing or heating license, and/or a fire
sprinkler contracting licensee who held a previously Board issued license in
good standing for ten or more years, and when a former Board issued licensee has become disabled and this disability has continued for
three or more years, and the former licensee’s license were terminated by the
Board due to the licensee’s failure to pay annual renewal fees and/or failure
to attend continued education, if required, the former licensee shall be
permitted for reinstatement of his/her Board issued license to a current status
as provided in § 87-22, and as hereinafter defined.
The
applicant licensee for reinstatement shall have had no Revocation or suspension
of license for cause by the Board as referenced under § 87-23 within the entire
term of his/her former license.
The
applicant licensee requesting for reinstatement shall provide proof to the
Board that the individual licensee was granted by the Board the identified license
as the applicant currently now requests.
Proof is provided to the Board as the licensee shall present the Board
issued license, an exact photocopy of the license, or the equivalent. The Board shall verify the licensee’s records
of his/her license for the necessary years of certification.
The
Board shall reinstate a current license to an applicant licensee of the earlier
recovery from the former licensee’s prior disability upon the aspirant
petitioner’s license request providing and satisfying the Board proof of
disability for a period of three years or more, the proof of license as
described, and for the applicant licensee to complete a Board provided form of
reinstatement that shall include the date(s) while describing relevant
information relating to applicant’s disability.
The Board submitted form must be completed and signed by the applicant
licensee and the patients’s Physician(s), and/or with medical
records, if required by the Board and/or submitted to the Board with an authorization
for the Physician and/or other medical records to release additional
information as proof of disability to the Board. Additionally, the applicant licensee must
complete a minimum of twenty four (24) hours or the equivalent of Board
approved continued education, pay a total sum equal to two years of current
annual license fee costs not to exceed one hundred fifty dollars ($150.00) each;
one year for the current year license and one year cost as a fee for the
renewal. (1931, c. 52, s. 7; 1939, c. 224, s. 4; 1971,
c. 768, s. 5; 1979, c. 834, s. 8; 1981, c. 332, s. 2; 1989, c. 623, s. 2; 1989
(Reg. Sess., 1990), c. 842, s. 4; 1997-382, s. 2; 2001-270, s. 3; 2005-131, s.
2.)
§ 87-23. Revocation or suspension of license for
cause.
(a) The Board shall have power to revoke or
suspend the license of or order the reprimand or probation of any plumbing,
heating, or fire sprinkler contractor, or any combination thereof, who is
guilty of any fraud or deceit in obtaining or renewing a license, or who fails
to comply with any provision or requirement of this Article, or the rules
adopted by the Board, or for gross negligence, incompetency, or misconduct, in
the practice of or in carrying on the business of a plumbing, heating, or fire
sprinkler contractor, or any combination thereof, as defined in this Article.
Any person may prefer charges of such fraud, deceit, gross negligence,
incompetency, misconduct, or failure to comply with any provision or
requirement of this Article, or the rules of the Board, against any plumbing,
heating, or fire sprinkler contractor, or any combination thereof, who is
licensed under the provisions of this Article. All of the charges shall be in
writing and investigated by the Board. Any proceedings on the charges shall be
carried out by the Board in accordance with the provisions of Chapter 150B of
the General Statutes.
(b) The Board shall adopt and publish
guidelines, consistent with the provisions of this Chapter, governing the
suspension and revocation of licenses.
(c) The Board shall establish and maintain
a system whereby detailed records are kept regarding complaints against each
licensee. (1931, c. 52, s. 8; 1939, c. 224, s. 5; 1953, c. 1041, s. 5; 1973, c.
1331, s. 3; 1979, c. 834, s. 9; 1987, c. 827, s. 1; 1989 (Reg. Sess., 1990), c.
842, s. 5; 1997-382, s. 3.)
