GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH30245-MH-81 (03/09)
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Short Title: General Contractor Licensing Amendments. |
(Public) |
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Sponsors: |
Representative Brody. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to update the laws pertaining to licensing of general contractors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 87‑10 reads as rewritten:
"§ 87‑10. Application for license; examination; certificate; renewal.
(a) Anyone seeking to be
licensed as a general contractor in this State shall file submit an
application for an examination on a form provided by the Board, at least 30
days before any regular or special meeting of the Board.application. Before
being entitled to an examination, an applicant shall:
(1) Be at least 18 years of age.
(2) Possess good moral character as determined by the Board.
(3) Provide evidence of financial responsibility as determined by the Board.
(4) Submit the appropriate application fee.
(a1) The Board may shall require the an
applicant to pay the Board or a provider contracted by the Board an
examination fee not to exceed one hundred dollars ($100.00) and pay to ($100.00).
In addition, the Board shall require an applicant to pay the Board a license
fee not to exceed one hundred twenty‑five dollars ($125.00) if the
application is for an unlimited license, one hundred dollars ($100.00) if the
application is for an intermediate license, or seventy‑five dollars
($75.00) if the application is for a limited license. The fees accompanying any
application or examination shall be nonrefundable. The holder of an unlimited
license shall be entitled to act as general contractor without restriction as
to value of any single project; the holder of an intermediate license shall be
entitled to act as general contractor for any single project with a value of up
to one million dollars ($1,000,000);($1,000,000), excluding the cost
of land and any ancillary costs to improve the land; and the holder of a
limited license shall be entitled to act as general contractor for any single
project with a value of up to five hundred thousand dollars ($500,000); and
the ($500,000), excluding the cost of land and any ancillary costs to
improve the land. The license certificate shall be classified in accordance
with this section. Before being entitled to an examination an applicant must
show to the satisfaction of the Board from the application and proofs furnished
that the applicant is possessed of a good character and is otherwise qualified
as to competency, ability, integrity, and financial responsibility, and that
the applicant has not committed or done any act, which, if committed or done by
any licensed contractor would be grounds under the provisions hereinafter set
forth for the suspension or revocation of contractor's license, or that the
applicant has not committed or done any act involving dishonesty, fraud, or
deceit, or that the applicant has never been refused a license as a general
contractor nor had such license revoked, either in this State or in another
state, for reasons that should preclude the granting of the license applied
for, and that the applicant has never been convicted of a felony involving
moral turpitude, relating to building or contracting, or involving embezzlement
or misappropriation of funds or property entrusted to the applicant: Provided,
no applicant shall be refused the right to an examination, except in accordance
with the provisions of Chapter 150B of the General Statutes.
(b) The Board shall
conduct an examination, either oral or written, of all applicants for license
to ascertain, for the classification of license for which the applicant has
applied: An applicant shall identify an individual who has successfully
passed an examination approved by the Board who, for purposes of this section,
shall be known as the "qualifier" or the "qualifying party"
of the applicant. If the qualifier or the qualifying party seeks to take an
examination, the examination shall establish (i) the ability of the
applicant to make a practical application of the applicant's knowledge of the
profession of contracting; (ii) 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; (iii)
the 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; and (iv) the applicant's
knowledge of requirements of the Sedimentation Pollution Control Act of 1973,
Article 4 of Chapter 113A of the General Statutes, and the rules adopted
pursuant to that Article. If the results of the examination of the applicant
shall be satisfactory to the Board, then the qualifier or qualifying
party passes the examination, upon review of the application and all relevant
information, the Board shall issue to the applicant a certificate to a
license to the applicant to engage as a in general contractor
contracting in the State of North Carolina, as provided in said
certificate, which may be limited into five classifications as
follows:
(1) Building contractor, which shall include private, public, commercial, industrial and residential buildings of all 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.
(2) Highway 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, 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.
b. Water and wastewater treatment facilities and appurtenances thereto.
c. Electrical power transmission facilities, and primary and secondary distribution facilities ahead of the point of delivery of electric service to the customer.
d. Public communication distribution 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.
(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.
(b1) Public utilities contractors constructing house and building sewer lines as provided in sub‑subdivision a. of subdivision (3) of subsection (b) of this section shall, at the junction of the public sewer line and the house or building sewer line, install as an extension of the public sewer line a cleanout at or near the property line that terminates at or above the finished grade. Public utilities contractors constructing water service lines as provided in sub‑subdivision a. of subdivision (3) of subsection (b) of this section shall terminate the water service lines at a valve, box, or meter at which the facilities from the building may be connected. Public utilities contractors constructing fire service mains for connection to fire sprinkler systems shall terminate those lines at a flange, cap, plug, or valve inside the building one foot above the finished floor. All fire service mains shall comply with the NFPA standards for fire service mains as incorporated into and made applicable by Volume V of the North Carolina Building Code.
(c) If an applicant is an
individual, examination may be taken by his personal appearance for
examination, or by the appearance for examination of one or more of his
responsible managing employees, and if employees. If an applicant is a
copartnership or copartnership, a corporation, or any other
combination or organization, by the examination of the examination
may be taken by one or more of the responsible managing officers or members
of the personnel of the applicant, and if the person so examinedapplicant.
(c1) If the qualifier or qualifying party shall
cease to be connected with the applicant, licensee, then in
such event the license shall remain in full force and effect for a period
of 90 days thereafter, and then be canceled, but the applicant days. After
90 days, the license shall be invalidated, however the licensee shall then
be entitled to a reexamination, all return to active status pursuant
to the all relevant statutes and rules to be promulgated
by the Board: Provided, that the holder of such license Board. However,
during the 90‑day period described in this subsection, the licensee shall
not bid on or undertake any additional contracts from the time such examined
employee shall cease qualifier or qualifying party ceased to be
connected with the applicant licensee until said applicant's the
license is reinstated as provided in this Article.
(d) Anyone failing to pass
this examination may be reexamined at any regular meeting of the Board upon
payment of an examination fee. Anyone requesting to take the examinationThe
Board may require a new application if a qualifier or qualifying party requests
to take an examination a third or subsequent time shall submit a new
application with the appropriate examination and license fees.time.
(e) A certificate of license
shall expire on the thirty‑first first day of December January
following its issuance or renewal and shall become invalid 60 days from
that date unless renewed, subject to the approval of the Board. Renewals may
be effected any time during the month of January without reexamination, by the
payment of a fee to the secretary of the Board. The fee shall Renewal
applications shall be submitted with a fee not to exceed one hundred
twenty‑five dollars ($125.00) for an unlimited license, one hundred dollars
($100.00) for an intermediate license, and seventy‑five dollars ($75.00)
for a limited license. No later than November 30 of each year, the Board
shall mail written notice of the amount of the renewal fees for the upcoming
year to the last address of record for each general contractor licensed
pursuant to this Article. Renewal applications shall be accompanied by
evidence of continued financial responsibility satisfactory to the Board.
Renewal applications received by the Board on or after the first day
of January shall be accompanied by a late payment of ten dollars ($10.00)
for each month or part after January.partial month thereafter.
(f) After a lapse of four years no renewal shall be
effected and the applicantlicense has been inactive for four years, a
licensee shall not be permitted to renew the license, and the license shall be
deemed archived. If a licensee wishes to be relicensed subsequent to the
archival of the license, the licensee shall fulfill all requirements of a
new applicant as set forth in this section. Archived licensed numbers shall
not be renewed."
SECTION 2. This act becomes effective October 1, 2017, and applies to applications for licensure submitted on or after that date.