GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

 

 

CHAPTER 813

SENATE BILL 682

 

AN ACT TO AMEND STATUTES REGULATING HOUSEMOVING.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-359.1 reads as rewritten:

"§ 20-359.1.  Insurance requirements.

(a)       No license shall be issued or renewed pursuant to this Article unless the applicant presents to files with the Department a certificate or certificates of insurance, from an insurance company or companies licensed authorized to do business in this State, providing:

(1)       Motor vehicle insurance with minimum coverage of one hundred thousand dollars ($100,000) for bodily injury to or death of one person or more persons in any one accident, three hundred thousand dollars ($300,000) for bodily injury to or death of two or more persons in any one accident, and fifty thousand dollars ($50,000) for accident and for injury to or destruction of property of others in any one accident; accident with minimum coverage of three hundred fifty thousand dollars ($350,000) combined single limit of liability;

(2)       Comprehensive general liability insurance with a minimum coverage of three hundred fifty thousand dollars ($350,000) combined single limit of liability; liability, including coverage of operations on North Carolina streets and highways that are not covered by motor vehicle insurance; and

(3)       Workers' compensation insurance that complies with Chapter 97 for all employees if the person is licensed as a professional housemover is not exempt from that Chapter. housemover.  The exemptions in G.S. 97-13 from the provisions of Chapter 97 shall not apply to licensed professional housemovers.

(b)       The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this Article.  At the time the certificate is filed, the applicant shall also file with the Department a current list of all motor vehicles covered by the certificate.  The applicant shall file amendments to the list within 15 days of any changes.

(c)       The Department shall be notified by the person licensed as a professional housemover of and 30 days prior to any cancellation or changes made to any provision of the insurance required by subsection (a) of this section.

(c)       An insurance company issuing any insurance policy required by subsection (a) of this section shall notify the Department of any of the following events at least 30 days before its occurrence:  (i) cancellation of the policy, (ii) nonrenewal of the policy, or (iii) any change in the policy.

(d)       In lieu of the insurance certificate or certificates required by subsection (a) of this section, the applicant may post with the Department a cash bond or other acceptable surety in the amount of fifty thousand dollars ($50,000) for the benefit of any person filing a claim for personal injury, death, or property damage arising from the movement of a structure pursuant to this Article.

(d)       In addition to all coverages required by this section, the applicant shall file with the Department a copy of either:  (i) a bond or other acceptable surety providing coverage in the amount of twenty-five thousand dollars ($25,000) for the benefit of a person contracting with the housemover to move that person's structure for all claims for property damage arising from the movement of a structure pursuant to this Article, or (ii) a policy of cargo insurance in the amount of fifty thousand dollars ($50,000)."

Sec. 2.  G.S. 20-358 reads as rewritten:

"§ 20-358.  Qualifications to become licensed.

The Department shall issue annual printed licenses to applicants meeting the following conditions:

(1)       The applicant must be at least 18 years of age; present acceptable evidence of good character and show sufficient housemoving experience on the application form furnished by the Department. Housemoving experience means extensive and responsible training gained by the applicant while engaged actively and directly on a full-time basis in the moving of houses and structures on public roads and highways with at least 24 months experience. Examples of the capacity in which a person may work in gaining experience include the following in building moving operations:

a.         Moving superintendent,

b.         Moving foreman, and

c.         General mechanic and helper in the housemoving profession or trade.

(2)       Repealed by Session Laws 1981, c. 818, s. 3, effective August 1, 1981.

(3)       The applicant must furnish proof that all of the vehicles, excluding 'beams and dollies' and 'hauling units,' to be used in the movement of buildings, structures, or other extraordinary objects wider than 14 feet have met the requirements of G.S. 20-183.2 pertaining to the equipment inspection of motor vehicles; provided that the 'beams and dollies' and 'hauling units' are excluded from inspection under G.S. 20-183.2 and, further, are not required to be equipped with brakes.

(4)       The applicant must exhibit Exhibit his federal employer's identification number.

(5)       The applicant must pay an annual license fee of one hundred dollars ($100.00)."

Sec. 3.  G.S. 20-361 reads as rewritten:

"§ 20-361.  Application for permits. permit and permit fee.

Application for a permit to move a structure must be made to the division or district engineer having jurisdiction at least two days prior to the date of the move. For good cause shown, this time may be waived by the district or division engineer. A travel plan and a permit application fee of twenty dollars ($20.00) shall accompany the application. Division or district engineers are authorized to issue permits for individual moves of a structure or building whose width does not exceed 36 feet. The travel plan will show the proposed route, the time estimated for each segment of the move, a plan to handle traffic so that no one delay to other highway users shall exceed 20 minutes. The division or district engineers shall review the travel plan and if the route cannot accommodate the move due to roadway weight limits, bridge size or weight limits, or will cause undue interruption of traffic flow, the permit shall not be issued. The applicant may submit alternate plans if desired until an acceptable route is determined. If the width of the building or structure to be relocated is more than 36 feet, or if no acceptable travel plan has been filed, and the denial of the permit would cause a hardship, the application and travel plan may be submitted to the Department on appeal. After reviewing the route and travel plan, the Department may in its discretion issue the permit after considering the practical physical limitations of the route, the nature and purpose of the move, the size and weight of the structure, the distance the structure is to be moved, and the safety and convenience of the traveling public. A surety bond in an amount to cover the cost of any damage to the pavement, structures, bridges, roadway or other damages that may occur can be required if deemed necessary by the Department."

Sec. 4.  This act becomes effective August 1, 1992.

In the General Assembly read three times and ratified this the 1st day of July, 1992.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives