GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

 

 

SESSION LAW 2013-332

HOUSE BILL 662

 

 

AN ACT providing for issuance of a limited plumbing contractor license to install and service backflow prevention assemblies and to allow courts to award the board of examiners of plumbing, heating, and fire sprinkler contractors reasonable costs of investigation and prosecution of violations.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 87‑21(b)(2) reads as rewritten:

"(b)      Classes of Licenses; Eligibility and Examination of Applicant; Necessity for License. –

(2)        Restricted licenses or classifications. –

a.         The Board shall establish and issue a fuel piping license for use by persons who do not possess the required Class I or Class II plumbing or heating license, but desire to engage in the contracting or installing of fuel piping extending from an approved fuel source at or near the premises, which piping is used or may be used to supply fuel to any systems, equipment, or appliances located inside the premises.

b.         The Board shall establish and issue a limited plumbing contractor license for use by persons who do not possess the required Class I or Class II plumbing license but desire to engage in the contracting or installation, repair, or replacement of either of the following:

1.         Exterior potable water service lines or backflow preventers serving irrigation systems or domestic water service systems of two inch diameter or smaller.

2.         Exterior building sewer or water service piping of two inch diameter or smaller.

c.         The Board may also establish additional restricted classifications to provide for: (i) the licensing of any person, partnership, firm, or corporation desiring to engage in a specific phase of heating, plumbing, or fire sprinkling contracting; (ii) the licensing of any person, partnership, firm, or corporation desiring to engage in a specific phase of heating, plumbing, or fire sprinkling contracting that is an incidental part of their primary business, which is a lawful business other than heating, plumbing, or fire sprinkling contracting; or (iii) the licensing of persons desiring to engage in contracting and installing fuel piping from an approved fuel source on the premises to a point inside the residence."

SECTION 2.  G.S. 87‑25.1 reads as rewritten:

"§ 87‑25.1.  Board may seek injunctive relief.

Whenever it appears to the Board that any person, firm or corporation is violating any of the provisions of this Article or of the rules and regulations of the Board promulgated under this Article, the Board may apply to the superior court for a restraining order and  injunction to restrain the violation; and the superior courts have jurisdiction to grant the requested relief, irrespective of whether or not criminal prosecution has been instituted or administrative sanctions imposed by reason of the violation. The venue for actions brought under this subsection shall be the superior court of any county in which such acts are alleged to have been committed or in the county where the defendants in such action reside.The court may award the Board its reasonable costs associated with the investigation and prosecution of the violation."

SECTION 3.  This act is effective when it becomes law. Section 2 of this act is applicable to actions brought on or after that date.

In the General Assembly read three times and ratified this the 15th day of July, 2013.

 

 

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Pat McCrory

                                                                         Governor

 

 

Approved 4:26 p.m. this 23rd day of July, 2013