NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 904

SENATE BILL 695

 

 

AN ACT TO AMEND ARTICLE 4 OF CHAPTER 87 OF THE GENERAL STATUTES RELATING TO ELECTRICAL CONTRACTORS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 87-39 is amended by rewriting the first paragraph of the section to read:

"The State Board of Examiners of Electrical Contractors shall continue as the State agency responsible for the licensing of persons engaging in electrical contracting within this State, and shall consist of one member from the North Carolina Department of Insurance to be designated by the Commissioner of Insurance; one member who is a representative of the North Carolina Association of Electrical Contractors to be designated by the governing body of that organization; and five members to be appointed by the Governor: one from the faculty of The Greater University of North Carolina who teaches or does research in the field of electrical engineering, one who is serving as a chief electrical inspector of a municipality or county in North Carolina, one who has satisfied the requirements for a license classified under G.S. 87-43.3 and who represents a sole proprietorship, partnership or corporation located in North Carolina which is actively engaged in the business of electrical contracting, and two who have no ties with the construction industry and who represent the interest of the public at large. The Governor shall appoint the two public members as soon as practicable after July 1, 1979, for terms of seven years. The terms of the successors to all members shall be seven years and until their successors are designated or appointed and are qualified. A vacancy occurring during a term shall be filled for the remainder of the unexpired term by the authority which designated or appointed the seat being vacated. No member appointed after the date of ratification of this act shall serve more than one complete consecutive term."

Sec. 2.  G.S. 87-39 is amended by rewriting the fourth sentence in the second paragraph to read: "Four members of the Board shall constitute a quorum."

Sec. 3.  G.S. 87-39 is further amended by rewriting the sixth sentence in the second paragraph to read as follows:

"Payment of compensation and reimbursement of expenses of Board members shall be governed by G.S. 93B-5."

Sec. 4.  Subdivision (3) of G.S. 87-43.1 is rewritten to read:

"(3)      To any person in the course of his work as a bona fide employee of a licensee of this Board;".

Sec. 5.  Subdivision (5) of G.S. 87-43.1 is rewritten to read:

"(5)      To the installation, construction, maintenance or repair of electrical wiring, devices, appliances or equipment by persons, firms or corporations, upon their own property when such property is not intended at the time for rent, lease, sale or gift, who regularly employ one or more electricians or mechanics for the purpose of installing, maintaining, altering or repairing of electrical wiring, devices or equipment used for the conducting of the business of said persons, firms or corporations;".

Sec. 6.  G.S. 87-43.1 is amended by adding a new subdivision (6) to read: "(6) To any person who is himself and for himself installing, maintaining, altering or repairing electric work, wiring, devices, appliances or equipment upon his own property when such property is not intended at the time for rent, lease, or sale;" and by renumbering existing subdivision (6) as subdivision (7)."

Sec. 7.  G.S. 87-43.1 is amended by renumbering subdivision (7) as subdivision (8) and rewriting the subdivision to read:

"(8)      To the replacement of lamps and fuses and to the installation and servicing of cord-connected appliances and equipment connected by means of attachment plug-in devices to suitable receptacles which have been permanently installed or to the servicing of appliances connected to a permanently installed junction box. This exception does not apply to permanently installed receptacles or to the installation of the junction box."

Sec. 8.  G.S. 87-44 is amended by rewriting the caption to read: "Fees; license term."

Sec. 9.  G.S. 87-44 is further amended by substituting for the words and figure "twenty dollars ($20.00)" in line 4 the words and figure "thirty dollars ($30.00)"; by substituting for the words and figure "fifty dollars ($50.00)" in line 6 the words and figure "seventy-five dollars ($75.00)"; by substituting for the words and figure "one hundred dollars ($100.00)" in lines 7 and 8 the words and figure "one hundred fifty dollars ($150.00)"; and by rewriting lines 9, 10 and 11 to read:

"and the annual license fee for the special restricted classifications and for the single‑family detached residential dwelling license shall not be in excess of thirty dollars ($30.00) for each principal and each branch place of business."

Sec. 10.  G.S. 87-44 is further amended by adding at the end of the section the following new paragraph:

"The Board may collect fees from applicants for examinations in amounts not exceeding the maximum annual license fees for the respective license classifications prescribed in this Article, except the fee for a specially arranged examination shall not exceed two hundred dollars ($200.00)."

Sec. 11.  G.S. 87-47 is amended by designating the first two paragraphs of the section as subsection (a), by designating the remainder of the section as subsection (d), and by adding the following new subsections:

"(b)      The Board shall adopt and publish rules, consistent with the provisions of this Article, governing the suspension and revocation of licenses.

(c)        The Board shall establish and maintain a system whereby detailed records are kept regarding complaints against each licensee. This record shall include, for each licensee, the date and nature of each complaint, investigatory action taken by the Board, any findings by the Board, and the disposition of the matter."

Sec. 12.  G.S. 87-50 is amended to change the caption to read "Reciprocity."

Sec. 13.  Article 4 of Chapter 87 of the General Statutes is amended by adding the following new section:

"§ 87-50.1.  Public awareness program. — The Board shall establish and implement a public awareness program to inform the general public of the purpose and function of the Board."

Sec. 14.  G.S. 87-48(b) is amended by inserting the following sentence at the end thereof:

"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."

Sec. 15.  G.S. 143-34.11 is amended by deleting line 9 which reads:

"Chapter 87, Article 4, entitled 'Electrical Contractors'."

Sec. 16.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.