reglab/housing_qa huggingface dataset:
NC Gen Stat § 87-98.3 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.3 - Purpose.

 87-98.3. Purpose.It is the purpose of this Article to protect the public health and safety by ensuring the integrity and competence of well contractors, to protect and beneficially develop the groundwater resources of the State, to require the examination of well contractors and the certification of their competency to supervise or conduct well contractor activity, and to establish procedures for the examination and certification of well contractors. (1997-358, s. 2.)
NC Gen Stat § 87-98.5 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.5 - Types of certification; sole certification.

 87-98.5. Types of certification; sole certification.The Commission, with the advice and assistance of the Secretary, shall establish the appropriate types of certification for well contractors. Each certification type established by the Commission shall be the sole certification required to engage in well contractor activity in the State. (1997-358, s. 2.)
NC Gen Stat § 87-98.6 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.6 - Well contractor qualifications and examination.

 87-98.6. Well contractor qualifications and examination.(a) The Commission, with the advice and assistance of the Secretary, shall establish minimum requirements of education, experience, and knowledge for each type of certification for well contractors and shall establish procedures for receiving applications for certification, conducting examinations, and making investigations of applicants as may be necessary and appropriate so that prompt and fair consideration will be given to each applicant.(b) The Commission, with the advice and assistance of the Secretary, shall establish minimum requirements of education, experience, and knowledge for each type of certification for well contractors for the installation, construction, maintenance, and repair of electrical wiring devices, appliances, and equipment related to the construction, operation, and repair of wells. Requirements developed pursuant to this subsection shall apply only to the initial certification of an applicant and shall not be required as part of continuing education or as a condition of certification renewal.  (1997-358, s. 2; 2014-120, s. 42(b).)
NC Gen Stat § 87-98.7 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.7 - Issuance and renewal of certificates; temporary certification; refusal to issue a certificate.

 87-98.7. Issuance and renewal of certificates; temporary certification; refusal to issue a certificate.(a) Issuance. - An applicant, upon satisfactorily meeting the appropriate requirements, shall be certified to perform in the capacity of a well contractor and shall be issued a suitable certificate by the Commission designating the level of the person's competency. A certificate shall be valid for one year or until any of the following occurs:(1) The certificate holder voluntarily surrenders the certificate to the Commission.(2) The certificate is revoked or suspended by the Commission for cause.(b) Renewal. - A certificate shall be renewed annually by payment of the annual fee and proof that the applicant has completed any professional development hours as may be required by the rules of the Commission. A person who fails to renew a certificate within 30 days of the expiration of the certificate must reapply for certification under this Article.(c) Temporary Certification. - A person may receive temporary certification to construct a well upon submission of an application to the Commission and subsequent approval in accordance with the criteria established by the Commission and upon payment of a temporary certification fee. A temporary certification shall be granted to the same person only once per calendar year and may not be valid for a period in excess of 45 consecutive days. To perform additional well contractor activity during that same calendar year, the person shall apply for certification under this Article.(d) Refusal to Issue a Certificate. - The Commission shall not issue a certificate under any of the following circumstances:(1) The applicant has not paid civil penalties assessed against the applicant under G.S. 87-94 for a violation of this Article, Article 7 of this Chapter, or any rule adopted to implement either of those Articles.(2) The applicant has not conducted all restoration activities ordered by the Department related to a violation by the applicant of Article 7 of this Chapter.(3) As determined by the Commission, the applicant has a history of not complying with this Article, Article 7 of this Chapter, or any rule adopted to implement either of those Articles. (1997-358, s. 2; 2001-440, s. 1.2; 2007-495, s. 2.)
NC Gen Stat § 87-98.8 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.8 - Disciplinary actions.

 87-98.8. Disciplinary actions.The Commission may issue a written reprimand to a well contractor or, in accordance with the provisions of Article 3A of Chapter 150B of the General Statutes, may suspend or revoke the certificate of a well contractor if the Commission finds that the well contractor has:(1) Engaged in fraud or deception in connection with obtaining certification or in connection with any well contractor activity.(2) Failed to use reasonable care, judgment, or the application of the person's knowledge or ability in the performance of any well contractor activity.(3) Been grossly negligent or has demonstrated willful disregard of any applicable laws or rules governing well construction.(4) Failed to satisfactorily complete continuing education requirements established by the Commission. (1997-358, s. 2.)
NC Gen Stat § 87-98.9 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.9 - Fees; Well Construction Fund.

 87-98.9. Fees; Well Construction Fund.(a) Fees. - The Commission may set a fee for certification by examination, an annual fee for certification renewal, and a fee for temporary certification. The fee for certification by examination may not exceed one hundred dollars ($100.00), the annual fee may not exceed two hundred dollars ($200.00) per year, and the temporary certification fee shall not exceed one hundred dollars ($100.00). A well contractor certificate is void if the well contractor fails to pay the annual fee within 30 days of the date the fee is due.(b) Fund. - The Well Construction Fund is created as a nonreverting account within the Department. All fees collected pursuant to this Article shall be credited to the Fund. The Fund shall be used for the costs of administering this Article. (1997-358, s. 2.)
NC Gen Stat § 87-98.10 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.10 - Promotion of training.

 87-98.10. Promotion of training.The Commission and the Secretary may provide training for well contractors and cooperate with educational institutions and private and public associations, persons, or corporations in providing training for well contractors. (1997-358, s. 2.)
NC Gen Stat § 87-98.11 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.11 - Responsibilities of well contractors.

 87-98.11. Responsibilities of well contractors.All persons receiving certification under this Article to perform well contractor activities in this State shall be responsible for complying with all statutes, rules, and generally accepted construction practices, including all local rules or ordinances governing well contractor activities. (1997-358, s. 2.)
NC Gen Stat § 87-98.12 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.12 - Education requirements.

 87-98.12. Education requirements.(a) In order to be certified under this Article, a well contractor shall satisfactorily complete two hours of approved continuing education each year for the first three years of the contractor's certification. The Commission shall not require a well contractor properly certified in accordance with the provisions of this Article and rules adopted under this Article to obtain continuing education credits for annual renewal of certification after the contractor's third year of certification, except as provided in subsection (b) of this section. The Commission shall specify the scope of required continuing education courses for this purpose and shall approve continuing education courses.(b) Notwithstanding subsection (a) of this section, in order to continue to be certified under this Article, a well contractor against whom disciplinary action is taken pursuant to the provisions of this Article and rules adopted under this Article shall satisfactorily complete the number of hours of approved educational courses required by the Commission for remedial purposes. The Commission shall specify the scope of required continuing education courses for this purpose and shall approve continuing education courses.(c) The Commission shall adopt or amend its rules in accordance with this section.  (1997-358, s. 2; 1998-129, s. 1; 2001-440, s. 1.3; 2007-495, s. 5; 2014-2, s. 1.)
NC Gen Stat § 87-98.13 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.13 - Injunctive relief.

 87-98.13. Injunctive relief.Upon violation of this Article, a rule adopted under this Article, or an order issued under this Article, the Secretary may, either before or after the institution of proceedings for the collection of any penalty imposed under this Article for the violation, request the Attorney General to institute a civil action in the superior court in the name of the State for injunctive relief to restrain the violation or require corrective action and for any other relief the court finds proper. Initiating an action shall not relieve any party to the proceedings from any penalty prescribed by this Article. (1997-358, s. 2.)
NC Gen Stat § 87-98.14 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 7A - Well Contractors Certification.|§ 87-98.14 - Reciprocity.

 87-98.14. Reciprocity.To the extent that other states provide for the licensing or certification of well contractors, the Commission shall permit those individuals who present valid proof of licensure or certification in good standing in one or more of those states to sit for examination for a license of the same or equivalent classification in North Carolina without delay, upon satisfactory proof furnished to the Commission that the qualifications of the applicant are equal to the qualifications of holders of similar licenses in North Carolina and upon payment of the required fee.  (2015-246, s. 3.5(b).)
NC Gen Stat § 87-115 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-115 - Short title.

 87-115. Short title.This Article may be cited as the "Underground Utility Safety and Damage Prevention Act."  (2013-407, s. 2.)
NC Gen Stat § 87-116 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-116 - Declaration of policy and purpose.

 87-116. Declaration of policy and purpose.The General Assembly of North Carolina hereby declares as a matter of public policy that it is necessary to protect the citizens and workforce of this State from the dangers inherent in excavating or demolishing in areas where underground lines, systems, or infrastructure are buried beneath the surface of the ground, and it is necessary to protect from costly damage underground facilities used for producing, storing, conveying, transmitting, or distributing communication, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, or sewage. In order to carry out this public policy and to satisfy these compelling interests, the General Assembly has enacted the provisions of this Article providing for a systematic, orderly, and uniform process to identify existing facilities in advance of any excavation or demolition in this State and to implement safe digging practices.  (2013-407, s. 2.)
NC Gen Stat § 87-118 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-118 - Reserve to the State the power to regulate.

 87-118. Reserve to the State the power to regulate.The provisions in this Article supersede and preempt any ordinance adopted by a city or county that purports to do any of the following:(1) Require operators to obtain permits from a city or county in order to identify facilities.(2) Require premarking or marking of facilities.(3) Specify the types of paint or other marking devices that are used to identify facilities.(4) Require removal of unexpired marks. The removal of expired marks shall be the responsibility of the city or county.  (2013-407, s. 2.)
NC Gen Stat § 87-119 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-119 - Costs associated with compliance; effect of permit.

 87-119. Costs associated with compliance; effect of permit.Any costs or expenses associated with an excavator's compliance with the requirements of this Article shall not be charged to any operator. Any costs or expenses associated with an operator's compliance with the requirements of this Article shall not be charged to any excavator. The Notification Center may not impose any charge on any person giving notice to the Notification Center. This section shall not affect costs related to the operation of the Notification Center apportioned to an operator pursuant to G.S. 87-120(b). This section shall not excuse an operator or excavator from liability for any damage or injury for which the operator or excavator would be responsible under applicable law.  (2013-407, s. 2.)
NC Gen Stat § 87-123 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-123 - Training.

 87-123. Training.(a) Every person who is an excavator, locator, or operator under this Article by virtue of engaging in these activities in the course of a business or trade has a duty to provide education and training to employees and to document such education and training. The training shall include sufficient information, guidance, and supervision such that employees can competently and safely operate the equipment used in the course of the business or trade and complete assigned tasks in a competent and safe manner while minimizing the potential for damage.(b) When an excavator, locator, or operator under this Article retains an independent contractor to perform activities regulated by this Article, the duty set forth in subsection (a) of this section shall not apply to the excavator, locator, or operator. Independent contractors shall provide training to their employees in accordance with this section.(c) Excavation shall be conducted in accordance with OSHA Standard 1926 and under the direction of a competent person, as defined therein.(d) Locators shall be properly trained. Locator training shall be documented.  (2013-407, s. 2.)
NC Gen Stat § 87-124 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-124 - Exemptions.

 87-124. Exemptions.The notice requirements in G.S. 87-122(a) and G.S. 87-122(b) do not apply to the following:(1) An excavation or demolition performed by the owner of a single-family residential property on his or her own land that does not encroach on any operator's right-of-way, easement, or permitted use.(2) An excavation or demolition performed by the owner of a single-family residential property on his or her own land that encroaches on any operator's right-of-way, easement, or permitted use that is performed with nonmechanized equipment.(3) An excavation or demolition that involves the tilling of soil for agricultural or gardening purposes.(4) An excavation or demolition for agricultural purposes, as defined in G.S. 106-581.1, performed on property that does not encroach on any operator's right-of-way, easement, or permitted use.(5) An excavation by an operator or surveyor with nonmechanized equipment for the following purposes:a. Locating for a valid notification request or for the minor repair, connection, or routine maintenance of an existing facility or survey pin.b. Probing underground to determine the extent of gas or water migration.(6) An excavation or demolition performed when those responsible for routine maintenance of a right-of-way or any other governmental entity are performing, with labor on their permanent payroll, maintenance activities within the right-of-way. Maintenance activities shall include emergency replacement of signs critical for maintaining safety or reshaping of shoulders and ditches to the original road profile. Maintenance activities do not include the initial installation of traffic signs, traffic control equipment, guardrails, or drainage structures. The provisions of this subdivision do not apply when the excavation or demolition is performed by a contractor acting on behalf of a person or entity responsible for routine maintenance of a right-of-way or on behalf of any other governmental entity.(7) An excavation or demolition performed by a railroad entirely on land which the railroad owns or operates or, in the event of an emergency, on adjacent land. No provision in this Article shall apply to any railroad which owns, operates, or permits facilities under land which the railroad owns or operates.(8) An excavation of a grave space, as defined in G.S. 65-48(10), the installation of a monument or memorial at a grave space, or an excavation related to the placement of a temporary structure or tent by a cemetery regulated under Chapter 65 of the General Statutes that does not encroach on any operator's right-of-way, easement, or permitted use.(9) Pavement milling and pavement resurfacing.  (2013-407, s. 2; 2017-57, s. 34.40(a); 2019-189, s. 1.)
NC Gen Stat § 87-125 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-125 - Notice in case of emergency excavation or demolition.

 87-125. Notice in case of emergency excavation or demolition.(a) An excavator performing an emergency excavation or demolition is not required to give notice to the Notification Center as provided in G.S. 87-122. However, the excavator shall, as soon as practicable, give notice to the Notification Center which shall include a description of the circumstances justifying the emergency. The excavator may request emergency assistance from each affected operator in locating and providing immediate protection to the facilities in the affected area.(b) The declaration of an emergency excavation or demolition shall not relieve any party of liability for causing damage to an operator's facilities even if those facilities are unmarked.(c) Any person who falsely claims that an emergency exists requiring an excavation or demolition shall have violated the provisions of this Article, which shall be punishable as a Class 3 misdemeanor and may subject the violator to the imposition of penalties or other action to be taken by the Board pursuant to G.S. 87-129.  (2013-407, s. 2; 2019-189, s. 1.)
NC Gen Stat § 87-126 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-126 - Notification required when damage is done.

 87-126. Notification required when damage is done.(a) The excavator performing an excavation or demolition that results in any damage to a facility shall immediately upon discovery of the damage notify the Notification Center and the facility operator, if known, of the location and nature of the damage. The excavator shall allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the facility. The excavator shall delay any backfilling in the immediate area of the damaged facility until authorized by the operator. The operator or qualified personnel authorized by the operator shall repair any damage to the facility.(b) An excavator who is responsible for an excavation or demolition where any damage to a facility results in the discharge of electricity or escape of any flammable, toxic, or corrosive gas or liquid, or that endangers life, health, or property shall immediately notify emergency responders, including 911 services, the Notification Center, and the facility operator. The excavator shall take reasonable measures to protect himself or herself, other persons in immediate danger, members of the general public, property, and the environment until the operator or emergency responders arrive and complete an assessment of the situation.  (2013-407, s. 2.)
NC Gen Stat § 87-127 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-127 - Design notices.

 87-127. Design notices.(a) A designer may submit a design notice to the Notification Center. The design notice shall describe the tract or parcel of land for which the design notice has been submitted with sufficient particularity, as defined by policies and procedures adopted by the Notification Center, to allow the operator to ascertain the precise tract or parcel of land involved.(b) Within 10 working days, not including the day the notice was given, after a design notice for a proposed project has been submitted to the Notification Center, the operator shall respond in one of the following manners:(1) By designating the location of all facilities owned by the operator within the area designated by the design notice as provided in G.S. 87-121(a).(2) By providing to the person submitting the design notice the best available description of all facilities in the area designated by the design notice, which may include drawings marked with a scale, dimensions, and reference points for underground utilities already built in the area or other facility records that are maintained by the operator.(3) Allowing the person submitting the design notice or any other authorized person to inspect the drawings or other records for all facilities within the area designated by the design notice at a location that is acceptable to the operator.(c) An operator may reject a design notice based upon homeland security considerations pending the operator obtaining additional information confirming the legitimacy of the notice. The operator shall notify the person making the request through a design notice of the denial and may request additional information through the positive response system.  (2013-407, s. 2; 2019-189, s. 1.)
NC Gen Stat § 87-128 (2021)
2021 North Carolina General Statutes|Chapter 87 - Contractors|Article 8A - Underground Utility Safety and Damage Prevention Act.|§ 87-128 - Absence of facility location.

 87-128. Absence of facility location.If an operator who has been given notice as provided in G.S. 87-120(d) by the Notification Center fails to respond to that notice as provided in G.S. 87-121 or fails to properly locate the facility, the person excavating is free to proceed with the excavation. Neither the excavator nor the person financially responsible for the excavation will be liable to the nonresponding or improperly responding operator for damages to the operator's facilities if the person doing the excavating exercises due care to protect existing facilities when there is evidence of the existence of those facilities near the proposed excavation area.  (2013-407, s. 2.)