GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-427
The General Assembly of North Carolina enacts:
Section 1. G.S. 87-10(b) reads as rewritten:
"(b) The Board shall
conduct an examination, either oral or written, of all applicants for license
to ascertain the ability of the applicant to make a practical application of
his knowledge of the profession of contracting, under the classification
contained in the application, and to ascertain the qualifications of the
applicant in reading plans and specifications, knowledge of relevant matters
contained in the North Carolina State Building Code, knowledge of
estimating costs, construction, ethics and other similar matters pertaining to
the contracting business and knowledge of the applicant as to the
responsibilities of a contractor to the public and of the requirements of the
laws of the State of North Carolina relating to contractors, construction and
liens. If the results of the examination of the applicant shall be satisfactory
to the Board, then the Board shall issue to the applicant a certificate to
engage as a general contractor in the State of North Carolina, as provided in said
the certificate, which may be limited into five classifications as
the common use of the terms are known - that is, is:
(1) Building contractor,
which shall include private, public, commercial, industrial and residential
buildings of all types; types.
(1a) Residential contractor, which
shall include any general contractor constructing only residences which are
required to conform to the residential building code adopted by the Building
Code Council pursuant to G.S. 143-138; G.S. 143-138.
(2) Highway contractor;
contractor.
(3) Public utilities contractors, which shall include those whose operations are the performance of construction work on the following subclassifications of facilities:
a. Water and
sewer mains and water service lines and house and building sewer lines as
defined in the North Carolina State Building Code, and water storage tanks,
lift stations, pumping stations, and appurtenances to water storage tanks, lift
stations and pumping stations; stations.
b. Water and
wastewater treatment facilities and appurtenances thereto; thereto.
c. Electrical
power transmission facilities, and primary and secondary distribution
facilities ahead of the point of delivery of electric service to the customer;
customer.
d. Public
communication distribution facilities; and facilities.
e. Natural gas
and other petroleum products distribution facilities; provided the General
Contractors Licensing Board may issue license to a public utilities contractor
limited to any of the above subclassifications for which the general contractor
qualifies, and qualifies.
(4) Specialty contractor, which shall include those whose operations as such are the performance of construction work requiring special skill and involving the use of specialized building trades or crafts, but which shall not include any operations now or hereafter under the jurisdiction, for the issuance of license, by any board or commission pursuant to the laws of the State of North Carolina.
Public utilities contractors constructing water service lines and house and building sewer lines as provided in (3)a above shall terminate said lines at a valve, box, meter, or manhole or cleanout at which the facilities from the building may be connected."
Section 2. G.S. 87-11(a) reads as rewritten:
"(a) The Board shall have
the power to revoke the certificate of license of any general contractor
licensed hereunder who refuse to issue or renew or revoke, suspend, or
restrict a certificate of license or to issue a reprimand or take other
disciplinary action if a general contractor licensed under this Article is
found guilty of any fraud or deceit in obtaining a license, or gross
negligence, incompetency incompetency, or misconduct in the
practice of his or her profession, or willful violation of any provisions
provision of this Article. The Board shall also have the power to
revoke, suspend, or otherwise restrict the ability of any person to act as a
qualifying party for a license to practice general contracting, as provided in
G.S. 87-10(c), for any copartnership, corporation or any other organization or
combination, if that person committed any act in violation of the provisions of
this section and the Board may take disciplinary action against the individual
license held by that person.
(a1) Any person may prefer
charges of such fraud, deceit, negligence negligence, or
misconduct against any general contractor licensed hereunder; such under
this Article. The charges shall be in writing and sworn to by the
complainant and submitted to the Board. Such The charges, unless
dismissed without hearing by the Board as unfounded or trivial, shall be heard
and determined by the Board in accordance with the provisions of Chapter 150B
of the General Statutes."
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 10:44 p.m. this 5th day of August, 1999