reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS › Section 38 .0902 - SUPERVISION IS AN INTERACTIVE PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
The occupational therapist and the occupational therapy
				  assistant are each responsible for supervision to ensure safe and effective
				  service delivery of occupational therapy services and to foster professional
				  competence and development. The supervising occupational therapist shall
				  provide supervision. The occupational therapy assistant shall obtain
				  supervision. Evidence of supervision must be recorded on a supervisory log or
				  in the documentation.
Authority
				  G.S.
				  90-270.69;
Eff. July 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS › Section 38 .0903 - TYPES OF SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Occupational
				therapy assistants at all levels shall require general supervision by an
				occupational therapist pursuant to Rule .0103(21)(a) of this Chapter.
(b) Occupational therapy students shall
				require supervision by an occupational therapy practitioner as follows:
(1) An occupational therapy practitioner
				shall comply with Accreditation Council for Occupational Therapy Education
				(ACOTE) requirements for experience when supervising Level II fieldwork
				occupational therapist and occupational therapy assistant students, which ACOTE
				requirements, including subsequent amendments and editions, are incorporated by
				reference. Copies of the incorporated material are available for inspection at
				the Board office and are available for purchase for five dollars
				($5.00);
(2) The occupational
				therapist may supervise Level I and Level II fieldwork occupational therapist
				and occupational therapy assistant students; and
(3) The occupational therapy assistant may:
(A) Supervise Level I occupational therapist
				or occupational therapy assistant students;
(B) Supervise Level II occupational therapy
				assistant students; and
(C)
				Participate in the supervision of Level II occupational therapist students
				under the direction and guidance of the supervising occupational
				therapist.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS › Section 38 .0904 - DOCUMENTATION OF SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Documentation of supervision is the responsibility of both the occupational
				therapist and occupational therapy assistant. Documentation must include the
				frequency of supervisory contact, method(s) or type(s) of supervision, content
				areas addressed, and names and credentials of the persons participating in the
				supervisory process.
(b)
				Supervision must reflect a review of all aspects of the occupational therapy
				assistant's practice. In any situation, the occupational therapist is
				ultimately responsible for all delegated services. Co-signature on occupational
				therapy service documentation, even if mandated by statute or rule, does not
				accurately satisfy supervision requirements.
(c) Effectiveness of the supervision shall be
				regularly evaluated by both the occupational therapist and the occupational
				therapy assistant.
Authority
				  G.S.
				  90-270.69;
Eff. July 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS › Section 38 .0905 - DELINEATION OF CLINICAL RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Regardless of the setting in which occupational therapy
				  services are delivered, the occupational therapist and the occupational therapy
				  assistant shall have the following responsibilities during client evaluation,
				  intervention, and outcome evaluation:
(1) Evaluations:
(a) The occupational therapist shall;
(i) Direct the evaluation process;
(ii) Determine the need for
				services;
(iii) Define the problems
				within the domain of occupational therapy that need to be addressed;
(iv) Determine the client's goals and
				priorities in collaboration with the occupational therapy assistant and the
				client or caregiver;
(v) Interpret
				the information provided by the occupational therapy assistant and integrate
				that information into the evaluation decision-making process;
(vi) Establish intervention
				priorities;
(vii) Determine
				specific future assessment needs;
(viii) Determine specific assessment tasks
				that can be delegated to the occupational therapy assistant; and
(ix) Initiate and complete the evaluation,
				interpret the data, and develop the intervention plan in collaboration with the
				occupational therapy assistant.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .1000 - SUPERVISION OF LIMITED PERMITTEES › Section 38 .1001 - .1005

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-270-69;
				  90-270.74;
Eff. July
				  1, 2007;
Repealed Eff. November 1,
				  2007.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .1100 - SUPERVISION OF UNLICENSED PERSONNEL › Section 38 .1101 - RESPONSIBILITY OF THE OCCUPATIONAL THERAPY PRACTITIONER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The occupational therapy practitioner is
				responsible for the quality of all occupational therapy services provided to
				the client by persons under the practitioner's supervision. It is the
				occupational therapy practitioner who provides skilled occupational therapy
				services through the exercise of professional judgment.
(b) The occupational therapy practitioner
				shall provide and review these Rules with each unlicensed person under the
				practitioner's supervision.
Authority
				  G.S.
				  90-270-69;
Eff. July 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .1100 - SUPERVISION OF UNLICENSED PERSONNEL › Section 38 .1102 - DELEGATION OF DUTIES TO UNLICENSED PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Unlicensed personnel do not provide skilled occupational therapy services.
				Unlicensed Personnel are trained by an occupational therapist or occupational
				therapy assistant to perform specifically delegated tasks. The occupational
				therapist is responsible for the overall use and actions of the unlicensed
				personnel. Unlicensed personnel first must demonstrate competency to be able to
				perform the assigned, delegated client and non-client related tasks.
(b) The occupational therapist must oversee
				the development, documentation, and implementation of a plan to supervise and
				routinely assess the ability of the unlicensed personnel to carry out client
				and non-client related tasks. The occupational therapy assistant may contribute
				to the development and documentation of this plan.
(c) The occupational therapy assistant may
				supervise unlicensed personnel.
(d)
				Non-client related tasks include clerical and maintenance activities and
				preparation of the work area or equipment.
(e) Client-related tasks are routine tasks
				during which the unlicensed personnel may interact with the client but does not
				provide skilled occupational therapy services. The following factors must be
				present when an occupational therapist or occupational therapy assistant
				delegates a selected client-related task to the unlicensed personnel;
(1) The outcome anticipated for the delegated
				task is predictable;
(2) The
				situation of the client and environment is stable and will not require the
				judgment interpretation, or adaptations be made by the unlicensed
				personnel;
(3) The client has
				demonstrated some previous performance ability in executing the task;
				and
(4) The task routine and
				process have been established.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0100 - DUTIES AND DEFINITIONS › Section 39 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the terms defined in Article 5 of Chapter 90A
				  of the General Statutes, the following definitions apply to the Rules in this
				  Chapter:
(1) "Authorized On-Site
				Wastewater Evaluator" means the same as defined in
				G.S.
				130A-336.2(a); hereafter
				referred to as "evaluator".
(2)
				"Building being constructed" means construction of a site-built single family
				residence constructed pursuant to Article 1, Chapter 87 of the N.C. General
				Statutes.
(3) "College course"
				means a semester unit or quarter unit-based instruction given at a college or
				university that is relevant to on-site wastewater contractor or inspector
				activities, and is pre-approved by the board as set out in Rule .0603 of this
				Chapter.
(4) "Course or Activity"
				means any course or activity with a purpose and objective that maintains,
				improves, or expands skills and knowledge relevant to the practice of on-site
				wastewater contractor or inspector activities and pre-approved in accordance
				with G.S. 90A-79(b)
				and Rule .0602 of this Section.
(5)
				"Evaluation and findings" mean, at a minimum, the information required in
				G.S.
				130A-335(e).
(6) "Licensed soil scientist" means an
				individual licensed in accordance with Chapter 89F of the North Carolina
				General Statutes.
(7) "Notice of
				Intent to Construct" means, at a minimum, that information required by
				G.S.
				130A-336.2(b) and is
				provided as a form by the Department of Health and Human Services.
(8) "Personally supervise" means to direct
				and control all on-site wastewater contractor or inspector activities during
				the time those activities are being conducted.
(9) "Professional development hour" or "PDH"
				means an hour of instruction or presentation and is the basic unit of credit
				for all courses or activities related to satisfying continuing education
				requirements.
(10) "Repair" means
				construction activity or alteration to an existing on-site wastewater system
				that is necessary to comply with a Construction Authorization for a repair
				permit issued by the Local Health Department or through the Authorized On-Site
				Wastewater Evaluator option pursuant to
				G.S.
				130A-336.2.
(11) "Seal" means the seal required by
				G.S.
				130A-336.2(d)(2) for
				certified Authorized On-Site Wastewater Evaluator.
(12) "Subordinate" means the same as defined
				in G.S.
				89F-3(10).
Authority
				  G.S.
				  90A-71;
				  90A-72;
				  90A-74;
				  130A-336.2;
Eff.
				  February 1, 2011;
Amended Eff. January 1, 2016; January 1,
				  2013;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0100 - DUTIES AND DEFINITIONS › Section 39 .0102 - TYPES OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The levels of
				certification for on-site wastewater contractors are as follows:
Level
Description of Activities
I
Single Septic Tank, Conventional (Gravel) Gravity
							 System
II
Grade I, plus:
Multiple tanks, Grease Traps, Single Pump or Single
							 Siphon, Fill Systems, Sand Lined Trench, and any approved gravity or single
							 pump dispersal system not specified in Grade Level III or Grade Level IV
III
Grade II, plus:
Dual pumps or Dual Siphons, Systems of >1500 gpd
							 to <3000 gpd, Low-Pressure Dispersal, Flow Equalization, and any system
							 requiring ground water lowering with a pump
IV
Grade III, plus:
Systems >3000 gpd, Multiple Off-Site Systems,
							 Industrial Process Wastewater, Residential Wastewater Treatment Systems (RWTS),
							 TS-I and TS-II System, Drip Dispersal Systems, and Wastewater Reuse Systems or
							 any Pretreatment Component.
(b)
				Inspectors are certified to inspect all on-site wastewater systems referenced
				in Paragraph (a).
(c) Evaluators
				shall be certified pursuant to
				G.S.
				130A-336.2.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  130A-336.2;
Eff.
				  February 1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0100 - DUTIES AND DEFINITIONS › Section 39 .0103 - ANNUAL REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) On or before
				October 31 of each year, the Board shall prepare and file reports required
				pursuant to
				G.S.
				93B-2. The Board shall file reports in the
				manner requested by receiving agency or committee.
(b) The Board shall maintain an escrow
				account at the financial institution used regularly for deposits and checks.
				Fees tendered during a period of suspension under
				G.S.
				93B-2(d) shall be deposited
				into this escrow account.
Authority
				  G.S.
				  90A-74;
				  93B-2;
Eff. July 1,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0200 - CERTIFICATION OF ON-SITE WASTEWATER CONTRACTORS, INSPECTORS, OR AUTHORIZED ON-SITE WASTEWATER EVALUATORS › Section 39 .0201 - APPLICATION REQUIREMENTS FOR CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applications for certification shall be submitted on forms provided by the
				Board.
(1) Applications for a contractor or
				inspector shall include:
(A) Applicant's
				name;
(B) Company
				address;
(C) Phone
				number;
(D) Date of
				birth;
(E) Email address, if
				available;
(F) Company or employer
				name and address;
(G) Company phone
				number;
(H) County where company is
				located;
(I) If the certification
				is for contractor or inspector;
(J)
				The contractor certification level requested;
(K) Certification number, if
				renewal;
(L) Required certification
				fee or annual fee for level of certification;
(M) Dates, locations, hours, and providers of
				required education and training;
(N) Applicant signature; and
(O) Social Security Number.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0200 - CERTIFICATION OF ON-SITE WASTEWATER CONTRACTORS, INSPECTORS, OR AUTHORIZED ON-SITE WASTEWATER EVALUATORS › Section 39 .0202 - BUSINESS SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person may be
				certified pursuant to
				G.S.
				90A-77(c) by:
(1) Providing the Board documentation of
				being supervised by and employed full time with a certified contractor or
				inspector for the past three years;
(2) Providing the Board three affidavits from
				local health department, engineers, or customers that show integral involvement
				with the installation of on-site wastewater systems;
(3) Providing the Board with an application
				for certification, including appropriate initial fees;
(4) Providing the Board with proof of
				attendance at approved continuing education courses for a minimum of two years;
				and
(5) Passing the applicable test
				for the level requested.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0300 - ONSITE WASTEWATER CONTRACTOR, INSPECTOR, OR EVALUATOR FEES › Section 39 .0301 - SCHEDULE OF CERTIFICATION FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application
				fees are as follows:
Grade Level
Initial Fee
Renewal Fee
I
$150.00
$75.00
II
$200.00
$75.00
III
$250.00
$75.00
IV
$300.00
$75.00
Inspector Certificate
$200.00
$75.00
Combination Contractor Certification Grade Level and
							 Inspector Certificate
Sum of individual fees
$125.00
On-site Wastewater Evaluator
$300.00
$100.00
(b)
				Application fees shall not be pro-rated.
(c) The fee for re-instatement of a revoked
				or suspended certification is five hundred dollars ($500.00).
(d) The fee for certificate replacement or
				duplication is twenty-five dollars ($25.00).
(e) The fee for late renewal is twenty-five
				dollars ($25.00). This fee is charged if the renewal request is received after
				December 31.
(f) The fee for each
				returned check is twenty-five dollars ($25.00).
(g) All fees are non-refundable.
Authority
				  G.S.
				  25-3-506;
				  90A-72(a);
				  90A-74;
				  90A-75;
				  90A-77(f);
				  90A-78(b);
				  130A-336.2;
Eff.
				  February 1, 2011;
Amended Eff. January 1, 2016;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0400 - CERTIFICATION BY EXAMINATION › Section 39 .0401 - ON-SITE WASTEWATER CONTRACTOR, INSPECTOR, OR EVALUATOR EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) On-site wastewater contractor, inspector,
				or evaluator examinations shall be comprehensive examinations that are
				standardized statewide.
(b) The
				exam questions shall be specific to the grade level being sought by the
				applicant.
(c) Any applicant
				seeking a combination certification shall take and pass each exam specific to
				the grade level certifications being sought.
(d) Each applicant shall obtain a passing
				score of at least 70 percent. Results of the examination shall be reported as
				either "pass" or "fail."
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  130A-336.2;
Eff.
				  February 1, 2011;
Amended Eff. January 1, 2016;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0400 - CERTIFICATION BY EXAMINATION › Section 39 .0402 - TIME AND PLACE OF EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board may schedule on-site wastewater contractor, inspector, or evaluator
				examinations in addition to the required examinations pursuant to
				G.S.
				90A-77. Additional examinations may be
				scheduled by the Board if the Board determines that the three scheduled
				examinations are insufficient due to the number of applicants for examination
				or the time between examinations. Information regarding the date, time, and
				place shall be made available on the Board's web site or upon
				request.
(b) The Board shall notify
				each applicant filing for examination in writing of the date, time, and place
				of the examination.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  130A-336.2;
Eff.
				  February 1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0400 - CERTIFICATION BY EXAMINATION › Section 39 .0403 - CONDUCTING AND GRADING EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Examinations shall be conducted and graded under the supervision of a
				representative of the Board.
(b)
				Applicants shall identify themselves by way of a driver's license or other form
				of photographic identification issued by a state or federal government agency
				and the identification number shall be recorded on the face of the examination
				paper.
(c) Applicants shall not
				cheat or attempt to cheat on an examination by any means, including both giving
				and receiving assistance, and shall not communicate in any manner for any
				purpose other than with an examination supervisor during an examination.
				Applicants shall not deliberately disrupt the quiet and orderly administration
				of an examination in any manner. Violation of this Paragraph is cause for
				dismissal from the examination, invalidation of examinations scores, denial of
				certification and revocation of certification if the person is
				certified.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  90A-81;
Eff. February
				  1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0400 - CERTIFICATION BY EXAMINATION › Section 39 .0404 - ISSUANCE OF CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				After an examination grading, the applicant shall be informed in writing by the
				Board or its authorized representatives as to the results of his or her
				examination. The Board shall not respond to requests for exam
				results.
(b) Upon successful
				completion of the examination and all requirements for certification the
				applicant shall be issued a certification card.
(c) Questions by the applicant concerning the
				examination must be made in writing to the Board within six months of the
				notification date.
(d) An applicant
				who fails to pass an examination shall be entitled to and notified of the
				privilege to review his examination in the presence of one or more Board
				members or its authorized representative at a location approved by the
				Board.
(e) Each certified on-site
				wastewater contractor, inspector, or evaluator shall be assigned a unique
				certification number. Certification numbers are not transferable and shall not
				be used by another onsite wastewater contractor, inspector, or
				evaluator.
(f) Upon successful
				completion of the examination, each evaluator shall be issued a seal.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  130A-336.2;
Eff.
				  February 1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0400 - CERTIFICATION BY EXAMINATION › Section 39 .0405 - LICENSURE FOR MILITARY-TRAINED APPLICANT; LICENSURE FOR MILITARY SPOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of a request for licensure
				pursuant to
				G.S.
				93B-15.1 from a military-trained applicant,
				the Board shall issue a license upon the applicant's satisfying the following
				conditions:
(1) Submit a complete Application
				for Certification;
(2) Submit a
				license fee in accordance with
				G.S.
				90A-75 and Rule .0301 of this
				Chapter;
(3) Provide documentation
				to satisfy conditions set out in
				G.S.
				93B-15.1(a)(1) and
				(2);
(4) For evaluator, provide documentation from
				the N.C. Board for Licensing of Soil Scientists that requirements set out in
				G.S. 89F have been satisfied; and
(5) Provide documentation that the applicant
				has not committed any act in any jurisdiction that would constitute grounds for
				refusal, suspension, or revocation of a license in North Carolina at the time
				the act was committed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0500 - CERTIFICATION RENEWAL › Section 39 .0501 - CONDITIONS AND LIMITATIONS FOR RENEWAL OF CERTIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Certifications shall expire on December
				31 of each year.
(b) A renewal
				shall not be granted if the applicant's certification is suspended or revoked
				until the period for such suspension or revocation has expired.
(c) Certified individuals under this program
				shall notify the Board within 30 days in writing of any changes to their name,
				company name, company address, phone number, or email address.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
Eff. February
				  1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0600 - CONTINUING EDUCATION REQUIREMENTS › Section 39 .0601 - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every certified
				on-site wastewater contractor, inspector, or evaluator shall obtain
				Professional Development Hours (PDH) units during the renewal period as
				described in the following table:
Level
Annual PDH Units Required
I
3
II
3
III
6
IV
6
Inspector
6
Combination Contractor Grade Level and
							 Inspector
6
Evaluator
12
(b)
				The certified on-site wastewater contractor, inspector, or evaluator shall
				select courses and activities that have been approved as set out in Rule .0602
				of this Chapter.
(c) Professional
				Development Hours (PDH) shall be accepted by the Board for approved courses
				pursuant to Rule .0602 of this Chapter. Hours for all other courses shall be
				submitted by providers to the Board for approval pursuant to Rule .0602 of this
				Chapter. If not approved, no PDH shall be granted for the course.
(d) Each on-site wastewater contractor,
				inspector, or evaluator shall attend at least 85 percent of the class in order
				to receive credit. Any attendee present for less time shall not receive credit
				for the class. The class provider or authorized representative shall certify
				that each class attendee meets the requirement of this Paragraph.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  90A-78;
				  90A-79;
				  130A-336.2;
Eff.
				  February 1, 2011;
Amended Eff. January 1, 2016; January 1,
				  2013;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0600 - CONTINUING EDUCATION REQUIREMENTS › Section 39 .0602 - APPROVAL OF CONTINUING EDUCATION COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				continuing education courses shall be approved by the Board before PDH can be
				granted.
(b) All continuing
				education courses shall be approved on an annual basis.
(c) The Board shall approve courses in
				accordance with
				G.S.
				90A-79 that instruct on on-site wastewater
				contractor, inspector, or evaluator activities and that enhance a contractor's,
				inspector's, or evaluator's knowledge of construction, installation, repair, or
				inspection of wastewater systems. The Board shall determine that courses and
				activities result in the maintenance, improvement, or expansion of skills and
				knowledge related to the practice of on-site wastewater contractor, inspector,
				or evaluator activities. Providers may request approval of courses or
				activities from the Board by obtaining and completing a form available on the
				Board's website (
www.ncowcicb.info
) or
				by a written request to the Board that provides the following information:
(1) Course content;
(2) Course schedule;
(3) Level of instruction provided (Level 1,
				2, 3, 4, Inspector, or level 4/Inspector); Combination Contractor Grade Level
				and Inspector, or evaluator;
(4)
				Qualifications of instructors (including both education and experience);
				and
(5) Materials provided, field
				experiences, and other activities available in connection with the
				course(s).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0600 - CONTINUING EDUCATION REQUIREMENTS › Section 39 .0603 - REPEALED - DETERMINATION OF CREDIT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  90A-78;
				  90A-79;
Eff. February
				  1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Repealed Eff.
				  June 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0600 - CONTINUING EDUCATION REQUIREMENTS › Section 39 .0604 - RECORDKEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
Each contractor, inspector, or evaluator shall maintain
				  records of any completed PDH courses including the following:
(1) A log showing the type of activity
				claimed, sponsoring organization, location, duration, instructors or speaker's
				name, and PDH credits earned; or
(2) Attendance verification records in the
				form of completion certificates or other documents supporting evidence of
				attendance.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-77;
				  90A-78;
				  90A-79;
				  130A-336.2;
Eff.
				  February 1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0600 - CONTINUING EDUCATION REQUIREMENTS › Section 39 .0605 - EXTENSION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				grant an on-site wastewater contractor, inspector, or evaluator an extension of
				time to complete continuing education (CE) requirements during a period of
				service in the Armed Forces of the United States upon submission of the
				following to the Board:
(1) written request
				for extension; and
(2)
				documentation that the requestor is serving in the Armed Forces of the United
				States and is eligible for an extension of time to file a tax return pursuant
				to G.S.
				105-249.2.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0700 - PROCEDURES FOR DISCIPLINARY ACTIONS › Section 39 .0701 - REVOCATION, OR SUSPENSION OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The Board may revoke or suspend the certification of an on-site wastewater
				contractor, inspector, or evaluator in accordance with the provisions of
				G.S.
				90A-80,
				90A-81, and Article 3A of Chapter
				of 150B of the NC General Statutes. For holders of the Combination Contractor
				Grade Level and Inspector certifications, the Board may revoke or suspend
				either or both certifications.
(b)
				Following a revocation or suspension, a certificate holder shall relinquish his
				or her certificate or seal by submission to the Board of the original
				certificate or seal and a notarized statement of relinquishment.
(c) The Board may restrict the certificate of
				an on-site wastewater contractor, inspector, or evaluator. Written notice of
				the restriction shall be delivered in accordance with the provisions of service
				in G.S.
				150B-42. A copy of the letter shall be kept
				in the on-site wastewater contractor, inspector, or evaluator's file. The
				on-site wastewater contractor, inspector, or evaluator shall be given the
				opportunity to put a letter of rebuttal into the file with the Board. The
				letter shall be received by the Board within 30 days of receipt of the written
				notice.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-80;
				  90A-81;
				  130A-336.2;
Eff.
				  February 1, 2011;
Amended Eff. January 1, 2016;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0700 - PROCEDURES FOR DISCIPLINARY ACTIONS › Section 39 .0702 - CERTIFICATION FOLLOWING REVOCATION OR VOLUNTARY SURRENDER OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a certification is revoked or
				voluntarily surrendered the person may not apply for a new certification for a
				period of at least 12 months.
(b)
				An individual whose certification was revoked or voluntarily surrendered may
				apply to the Board for reinstatement after the 12 month period has
				ended.
(c) An individual approved
				by the Board to apply for reinstatement, must then meet all the requirements
				for a new applicant as specified in Article 5 of G.S. 90A and the rules adopted
				by the Board.
(d) Applicants denied
				reinstatement by the Board may appeal the decision pursuant to the procedures
				contained in G.S. 150B, Article 3A.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-80;
				  90A-81;
Eff. February
				  1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0700 - PROCEDURES FOR DISCIPLINARY ACTIONS › Section 39 .0703 - PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
A person who violates any rule of this Section is subject to
				  the penalties of
				  G.S.
				  90A-81.
Authority
				  G.S.
				  90A-72;
				  90A-74;
				  90A-80;
				  90A-81;
Eff. February
				  1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0800 - ONSITE WASTEWATER CONTRACTOR, INSPECTOR, OR EVALUATOR CODE OF ETHICS › Section 39 .0802 - COOPERATION WITH BOARD INQUIRY

Current through Register Vol. 39, No. 2, July 15, 2024
A certificate holder shall respond to any inquiry made by the
				  Board within 21 days from the date the inquiry was received by the certificate
				  holder.
Authority
				  G.S.
				  90A-74(6);
Eff.
				  July 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0800 - ONSITE WASTEWATER CONTRACTOR, INSPECTOR, OR EVALUATOR CODE OF ETHICS › Section 39 .0803 - DELEGATING TO THIRD-PARTY SERVICE PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				certificate holder delegates service requested by a client to another
				certificate holder, he or she must give notice to the client on or before the
				date of service.
(b) The
				certificate holder who delegates service as set forth in this Rule shall
				continue to be responsible for the delegated service provided to the
				client.
Authority
				  G.S.
				  90A-74(6);
Eff.
				  July 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0900 - RULEMAKING PROCEDURES › Section 39 .0901 - PETITION FOR RULE-MAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person submitting a petition to adopt, amend, or repeal a rule by the Board
				shall address a petition to the Chairman at the Board office as follows: Post
				Office Box 132, Lawsonville, North Carolina 27022.
(b) The petition shall contain the following:
(1) for petitions to adopt or amend a rule, a
				draft of the proposed rule or amendment;
(2) a statement of the effect of the
				requested rule change; and
(3) the
				name and address of the petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0900 - RULEMAKING PROCEDURES › Section 39 .0902 - REQUEST FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
All requests for a declaratory ruling shall contain the
				  following information:
(1) the name,
				address, and telephone number of the person making the request;
(2) the statute or rule to which the request
				relates; and
(3) a statement
				describing the manner in which the person has been or may be aggrieved by the
				statute or rule.
If a hearing is desired, the request shall so state and shall
				  include the reason a hearing is desired.
Authority
				  G.S.
				  90A-74;
				  150B-4(a);
Eff. July 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0900 - RULEMAKING PROCEDURES › Section 39 .0903 - REFUSAL TO ISSUE DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall refuse to issue a declaratory ruling under
				  the following circumstances:
(1) when
				the Board has issued a decision in a contested case with substantially similar
				facts;
(2) when the facts
				underlying the request for a ruling on a rule were considered at the time of
				the adoption of the rule in question; or
(3) when the subject matter of the request is
				involved in pending litigation in North Carolina.
Authority
				  G.S.
				  90A-74;
				  150B-4;
Eff. July 1,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .0900 - RULEMAKING PROCEDURES › Section 39 .0904 - WAIVER OR EXTENSION

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may waive or extend any rule in this Chapter that
				  is not statutorily required if a certificate holder submits a written request.
				  Factors the Board shall use in determining whether to grant the waiver or
				  extension are:
(1) degree of
				disruption to the Board;
(2) cost
				to the Board;
(3) degree of benefit
				to the public;
(4) whether the
				requesting party had control over the circumstances that required the requested
				waiver or extension;
(5) notice to
				and opposition by the public;
(6)
				need for the waiver or extension; and
(7) previous requests for waivers or
				extensions submitted from the requesting party.
Authority
				  G.S.
				  90A-74;
				  150B-19(6);
Emergency Adoption Eff. May 20, 2020;
Temporary Adoption Eff. July
				  24, 2020;
Eff. June 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1000 - NC ON-SITE WASTEWATER INSPECTOR STANDARDS OF PRACTICE › Section 39 .1002 - GENERAL REQUIREMENTS FOR CONTRACTORS AND INSPECTORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Inspectors shall:
(1) Provide to the client
				or the client's representative a written contract, signed by both the client or
				client's representative and the inspector, before the on-site wastewater system
				inspection is performed that:
(A) States that
				the on-site wastewater system inspection is conducted in accordance with Rules
				.1004, .1005, and .1006 of this Section; and
(B) Describes what services shall be provided
				and their cost;
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1000 - NC ON-SITE WASTEWATER INSPECTOR STANDARDS OF PRACTICE › Section 39 .1004 - GENERAL EXCLUSIONS FOR CONTRACTORS AND INSPECTORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Inspectors shall not be required to report on:
(1) Life expectancy of any component or
				system;
(2) The causes of the need
				for a repair;
(3) The methods,
				materials, and costs of corrections;
(4) The suitability of the property for any
				specialized use;
(5) The market
				value of the property or its marketability;
(6) The advisability or inadvisability of
				purchase of the property; or
(7)
				Normal wear and tear to the system.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1000 - NC ON-SITE WASTEWATER INSPECTOR STANDARDS OF PRACTICE › Section 39 .1005 - ON-SITE WASTEWATER SYSTEM COMPONENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				inspecting an on-site wastewater system the inspector shall inspect and
				describe the following in a report as set forth in Rule .1002 of this Chapter:
(1) any part of the system located more than
				five feet from the primary structure that is part of the operations
				permit;
(2) septic tanks;
(3) pump tanks;
(4) distribution devices;
(5) dispersal fields;
(6) treatment units;
(7) control panels;
(8) any other components required as part of
				on-site wastewater system permit, including drainage; and
(9) any vegetation and grading with respect
				only to their effect on the condition of the system or system
				components.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1000 - NC ON-SITE WASTEWATER INSPECTOR STANDARDS OF PRACTICE › Section 39 .1006 - MINIMUM ON-SITE WASTEWATER SYSTEM INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				inspector shall obtain, evaluate, describe, or determine the following during
				the inspection:
(1) Advertised number of
				bedrooms as stated in the realtor Multiple Listing Service information or by a
				sworn statement of owner or owner's representative; and
(2) Designed system size (gallons per day or
				number of bedrooms) as stated in available local health department information,
				such as the current operation permit or the current repair permit.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1100 - NC ON-SITE WASTEWATER EVALUATOR STANDARDS OF PRACTICE › Section 39 .1101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) "Accepted wastewater dispersal system"
				means as defined in
				G.S.
				130A-343.
(2) "Authorized inspector" or "Independent
				inspector" means an individual employed or contracted by an evaluator to
				observe and direct the construction of the wastewater system designed, planned,
				and specified by the evaluator.
(3)
				"Notice of intent to construct" means the form developed by DHHS pursuant to
				G.S.
				130A-336.2(b).
(4) "Special inspection" means any continuous
				or intermittent inspection or visitation performed by the evaluator at the
				construction site on behalf of the owner.
Authority
				  G.S.
				  90A-74;
				  130A-336.2;
Eff.
				  June 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1100 - NC ON-SITE WASTEWATER EVALUATOR STANDARDS OF PRACTICE › Section 39 .1102 - GENERAL REQUIREMENTS FOR EVALUATORS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the duties set forth in
				  G.S.
				  130A-136.2, evaluators shall:
(1) Provide a "notice of intent to construct"
				to the owner of a proposed wastewater system, so the owner can submit it to the
				local health department that has jurisdiction over the location of the proposed
				wastewater system;
(2) Prepare a
				signed and sealed statement of special inspections that includes the following
				items:
(a) The materials, systems,
				components, and work subject to special inspections and testing;
(b) The type, frequency, and extent of each
				special inspection and each test;
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1100 - NC ON-SITE WASTEWATER EVALUATOR STANDARDS OF PRACTICE › Section 39 .1103 - GENERAL EXCLUSIONS FOR EVALUATORS

Current through Register Vol. 39, No. 2, July 15, 2024
Evaluators shall not:
(1) Offer or perform any act or service
				contrary to Article 5 of G.S. 90A,
				G.S.
				130A-336.2, or the rules of this
				Chapter;
(2) Form a direct business
				relationship with any technology that may result in a conflict of
				interest;
(3) Perform any of the
				functions performed by a professional engineer for engineered wastewater
				systems described in
				G.S.
				130A-336.1; and
(4) Offer or perform engineering,
				architectural, plumbing, electrical, pesticide or any other job function
				requiring an occupational license in the jurisdiction where the evaluation,
				inspection, installation, or repair is taking place, unless the evaluator holds
				a valid occupational license in that field, in which case the evaluator shall
				inform the client that the evaluator is so licensed.
Authority
				  G.S.
				  130A-336.2;
Eff. June 1,
				  2021.