21 N.C. Admin. Code 50.0313

Current through Register Vol. 39, No. 11, December 2, 2024

Section 50 .0313 - RESPONSIBILITIES OF STATE AND LOCAL GOVERNMENT TECHNICIAN LICENSEES

(a) A State and local government technician licensee shall be required to list their license with the Board in the name of the State and local government agency by whom the licensee is employed,

(b) The holder of license as a State and local government Heating Group 1 Technician, Heating Group 2 Technician, Heating Group 3 Technician, or Plumbing Technician shall be a full-time employee of a State or local government agency.

(c) A State and local government technician licensee shall ensure that a permit is obtained from the State or local code enforcement official for the jurisdiction where the worksite is located before commencing any work for which a license is required by the Board. The licensee shall also ensure that a request for final inspection of the work for which a license is required is made within 10 days of the earlier of the system being made operational or placed in service, absent agreement with the appropriate State or local code enforcement official. Absent agreement with the local code enforcement official the licensee shall not be relieved of responsibility to the Board to arrange inspection until a certificate of compliance or the equivalent is obtained from the appropriate State or local code enforcement official or the licensee has documentary evidence of his effort to obtain the same.

(d) The failure of a licensee to comply with the permit and inspection obligations outlined in this Rule shall be considered by the Board as evidence of incompetence or misconduct in the use of license from the Board.

(e) A State and local government technician licensee shall be responsible for general supervision to the extent of his qualifications, compliance with the codes and standards contained in Rule .0505 of this Chapter, and assurance that permits and inspections are obtained.

(f) The "general supervision" required by G.S. 87-26 is the degree of supervision necessary and sufficient to ensure that the work is performed in a workmanlike manner and with the requisite skill and that the installation is made in accordance with the codes and standards contained in Rule .0505 of this Chapter, manufacturer installation instructions and industry practice. General supervision requires that review of the work done pursuant to the State and local government technician license be performed by the State and local government technician licensee while the work is in progress.

(g) In each State or local government agency location, branch, or facility of any kind from which work requiring a license pursuant to G.S. 87, Article 2 is carried out there shall be on duty all hours during which the activities described herein are carried out, at least one licensee who holds State and local government technician license in the classification required for the work being proposed or performed, whose license is listed in the name of the particular State or local government agency at that location, and who is engaged in the work of the State or local government at the agency location or at an agency job site and who has the responsibility to exercise general supervision over the work and who has been empowered to act for the State or local government agency, as defined in Rule .0505 of this Chapter, of all work falling within his or her license qualification. Evidence of compliance shall be required as a condition of renewal or retention of license and falsification shall constitute fraud in obtaining license. The standards set forth in Rule .0512 of this Chapter shall be applied.

(h) An unlicensed person employed by a State and local government agency licensed and supervised pursuant to G.S. 87, Article 2 shall not be required to have a license and shall not be subject to an action for injunctive relief brought by the Board if the unlicensed person is a bona-fide employee of the State and local government.

(i) The annual license fee for a State and local government Technician license is one hundred fifty dollars ($150.00), except as provided in Paragraph (j) of this Rule.

(j) The annual license fee for a State and local government Plumbing or Heating Technician license that is listed as the second or subsequent licensee at the same agency location is seventy-five dollars ($75.00).

21 N.C. Admin. Code 50 .0313

Authority G.S. 87-18; 87-21(b)(2)c; 87-22; 87-26;
Eff. April 1, 2017;
Amended Eff. July 1, 2020.

Adopted by North Carolina Register Volume 31, Issue 17, March 1, 2017 effective 4/1/2017.

Amended by North Carolina Register Volume 34, Issue 23, June 1, 2020 effective 7/1/2020.