§ 87-10. Application for license; examination; certificate; renewal.
§ 87‑10. Applicationfor license; examination; certificate; renewal.
(a) Anyone seeking tobe licensed as a general contractor in this State shall file an application foran examination on a form provided by the Board, at least 30 days before anyregular or special meeting of the Board. The Board may require the applicant topay the Board or a provider contracted by the Board an examination fee not toexceed one hundred dollars ($100.00) and pay to the Board a license fee not toexceed one hundred twenty‑five dollars ($125.00) if the application isfor an unlimited license, one hundred dollars ($100.00) if the application isfor an intermediate license, or seventy‑five dollars ($75.00) if theapplication is for a limited license. The fees accompanying any application orexamination shall be nonrefundable. The holder of an unlimited license shall beentitled to act as general contractor without restriction as to value of anysingle project; the holder of an intermediate license shall be entitled to actas general contractor for any single project with a value of up to one milliondollars ($1,000,000); the holder of a limited license shall be entitled to actas general contractor for any single project with a value of up to five hundredthousand dollars ($500,000); and the license certificate shall be classified inaccordance with this section. Before being entitled to an examination anapplicant must show to the satisfaction of the Board from the application andproofs furnished that the applicant is possessed of a good character and isotherwise qualified as to competency, ability, integrity, and financialresponsibility, and that the applicant has not committed or done any act,which, if committed or done by any licensed contractor would be grounds underthe provisions hereinafter set forth for the suspension or revocation ofcontractor's license, or that the applicant has not committed or done any actinvolving dishonesty, fraud, or deceit, or that the applicant has never beenrefused a license as a general contractor nor had such license revoked, eitherin this State or in another state, for reasons that should preclude thegranting of the license applied for, and that the applicant has never beenconvicted of a felony involving moral turpitude, relating to building orcontracting, or involving embezzlement or misappropriation of funds or propertyentrusted to the applicant: Provided, no applicant shall be refused the rightto an examination, except in accordance with the provisions of Chapter 150B ofthe General Statutes.
(b) The Board shallconduct an examination, either oral or written, of all applicants for licenseto ascertain, for the classification of license for which the applicant hasapplied: (i) the ability of the applicant to make a practical application ofthe applicant's knowledge of the profession of contracting; (ii) thequalifications of the applicant in reading plans and specifications, knowledgeof relevant matters contained in the North Carolina State Building Code,knowledge of estimating costs, construction, ethics, and other similar matterspertaining to the contracting business; (iii) the knowledge of the applicant asto the responsibilities of a contractor to the public and of the requirementsof the laws of the State of North Carolina relating to contractors,construction, and liens; and (iv) the applicant's knowledge of requirements ofthe Sedimentation Pollution Control Act of 1973, Article 4 of Chapter 113A ofthe General Statutes, and the rules adopted pursuant to that Article. If the resultsof the examination of the applicant shall be satisfactory to the Board, thenthe Board shall issue to the applicant a certificate to engage as a generalcontractor 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 residentialbuildings of all types.
(1a) Residentialcontractor, which shall include any general contractor constructing only residenceswhich are required to conform to the residential building code adopted by theBuilding Code Council pursuant to G.S. 143‑138.
(2) Highway contractor.
(3) Public utilitiescontractors, which shall include those whose operations are the performance ofconstruction work on the following subclassifications of facilities:
a. Water and sewermains, water service lines, and house and building sewer lines as defined inthe North Carolina State Building Code, and water storage tanks, lift stations,pumping stations, and appurtenances to water storage tanks, lift stations, andpumping stations.
b. Water and wastewatertreatment facilities and appurtenances thereto.
c. Electrical powertransmission facilities, and primary and secondary distribution facilitiesahead of the point of delivery of electric service to the customer.
d. Public communicationdistribution facilities.
e. Natural gas andother petroleum products distribution facilities; provided the GeneralContractors Licensing Board may issue license to a public utilities contractorlimited to any of the above subclassifications for which the general contractorqualifies.
(4) Specialtycontractor, which shall include those whose operations as such are theperformance of construction work requiring special skill and involving the useof specialized building trades or crafts, but which shall not include anyoperations now or hereafter under the jurisdiction, for the issuance oflicense, by any board or commission pursuant to the laws of the State of NorthCarolina.
(b1) Public utilitiescontractors constructing house and building sewer lines as provided in sub‑subdivisiona. of subdivision (3) of subsection (b) of this section shall, at the junctionof the public sewer line and the house or building sewer line, install as anextension of the public sewer line a cleanout at or near the property line thatterminates at or above the finished grade. Public utilities contractorsconstructing water service lines as provided in sub‑subdivision a. ofsubdivision (3) of subsection (b) of this section shall terminate the waterservice lines at a valve, box, or meter at which the facilities from thebuilding may be connected. Public utilities contractors constructing fireservice mains for connection to fire sprinkler systems shall terminate thoselines at a flange, cap, plug, or valve inside the building one foot above thefinished floor. All fire service mains shall comply with the NFPA standards forfire service mains as incorporated into and made applicable by Volume V of theNorth Carolina Building Code.
(c) If an applicant isan individual, examination may be taken by his personal appearance forexamination, or by the appearance for examination of one or more of hisresponsible managing employees, and if a copartnership or corporation, or anyother combination or organization, by the examination of one or more of theresponsible managing officers or members of the personnel of the applicant, andif the person so examined shall cease to be connected with the applicant, thenin such event the license shall remain in full force and effect for a period of90 days thereafter, and then be canceled, but the applicant shall then beentitled to a reexamination, all pursuant to the rules to be promulgated by theBoard: Provided, that the holder of such license shall not bid on or undertakeany additional contracts from the time such examined employee shall cease to beconnected with the applicant until said applicant's license is reinstated asprovided in this Article.
(d) Anyone failing topass this examination may be reexamined at any regular meeting of the Boardupon payment of an examination fee. Anyone requesting to take the examination athird or subsequent time shall submit a new application with the appropriateexamination and license fees.
(e) A certificate oflicense shall expire on the thirty‑first day of December following itsissuance or renewal and shall become invalid 60 days from that date unlessrenewed, subject to the approval of the Board. Renewals may be effected anytime during the month of January without reexamination, by the payment of a feeto the secretary of the Board. The fee shall not exceed one hundred twenty‑fivedollars ($125.00) for an unlimited license, one hundred dollars ($100.00) foran intermediate license, and seventy‑five dollars ($75.00) for a limitedlicense. No later than November 30 of each year, the Board shall mail writtennotice of the amount of the renewal fees for the upcoming year to the lastaddress of record for each general contractor licensed pursuant to thisArticle. Renewal applications shall be accompanied by evidence of continuedfinancial responsibility satisfactory to the Board. Renewal applicationsreceived by the Board after January shall be accompanied by a late payment often dollars ($10.00) for each month or part after January. After a lapse of twoyears no renewal shall be effected and the applicant shall fulfill allrequirements of a new applicant as set forth in this section. (1925, c. 318, s. 9; 1931, c.62, s. 2; 1937, c. 328; c. 429, s. 3; 1941, c. 257, s. 1; 1953, c. 805, s. 2;c. 1041, s. 3; 1971, c. 246, s. 3; 1973, c. 1036, ss. 1, 2; c. 1331, s. 3;1975, c. 279, ss. 2, 3; 1979, c. 713, s. 2; 1981, c. 739, ss. 1, 2; 1985, c.630, ss. 2, 3; 1989, c. 431; 1993, c. 112, ss. 1, 2; c. 553, s. 26; 1999‑123,s. 1; 1999‑379, s. 7; 1999‑427, s. 1; 2001‑140, s. 1; 2001‑296,s. 1; 2005‑381, ss. 1, 2, 3; 2006‑241, s. 1; 2007‑247, s. 3.)