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 .0801 - CODE OF ETHICS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Contractors,
				inspectors, and evaluators shall at all times recognize their primary
				obligation is to protect the public in the performance of their professional
				duties and shall conduct the practice of those duties in a manner that protects
				the public health, safety and welfare.
(b) Opinions expressed by contractors,
				inspectors, or evaluators in the discharge of their duties shall only be based
				on their education and experience.
(c) No contractor, inspector, or evaluator
				shall disclose any information about the results of an inspection or evaluation
				without the approval of the client for whom the inspection or evaluation was
				performed, or the client's designated representative, except as required by
				law.
(d) No contractor, inspector,
				or evaluator shall accept compensation or any other consideration from more
				than one interested party for the same service without the consent of all
				interested parties.
(e) No
				contractor, inspector, or evaluator shall accept or offer commissions or
				allowances, directly or indirectly, from or to other parties dealing with the
				client in connection with work for which the licensee is responsible.
(f) No contractor, inspector, or evaluator
				shall provide an appraisal nor express an opinion of the market value of the
				inspected property during an inspection or in the inspection report.
(g) Before the execution of a contract to
				perform an on-site wastewater system inspection, an inspector shall disclose to
				the client any interest the inspector has in a business that may affect the
				client. No licensee shall allow his or her interest in any business to affect
				the quality or results of the inspection work that the inspector may be called
				upon to perform.
(h) Before the
				execution of a contract to perform an on-site wastewater system installation, a
				contractor shall disclose to the client any interest a contractor has in a
				business that may affect the client. No licensee shall allow his or her
				interest in any business to affect the quality or results of the installation
				work that the contractor may be called upon to perform.
(i) Before the execution of a contract to
				perform an on-site wastewater system evaluation, an evaluator shall disclose to
				the client any interest the evaluator has in a business that may affect the
				client. No evaluator shall allow his or her interest in any business to affect
				the quality or results of the evaluation work that the evaluator may be called
				upon to perform. Pursuant to
				G.S.
				130A-336.2(d)(1), the
				evaluator shall not form a direct business relationship with any
				technology.
(j) Contractors shall
				not knowingly or willfully install a non-permitted system.
(k) Contractors shall not knowingly or
				willfully install a system or any part of a system other than what is specified
				in the permit.
(l) Contractors,
				inspectors, and evaluators shall not engage in false or misleading advertising,
				documentation, and reporting or otherwise misrepresent any matters to the
				public.
(m) Contractors,
				inspectors, and evaluators shall discharge their duties in accordance with
				Article 5 of Chapter 90A of the North Carolina General Statutes and the rules
				of the Board.
(n) No inspector
				shall subcontract with another inspector for an on-site wastewater system
				inspection without the knowledge and signed consent of the client.
(o) The contractor of record shall be the
				responsible party for an on-site wastewater system installation or repair that
				is permitted through the local health department.
(p) The evaluator of record shall be
				responsible for the work conducted by a subordinate.
(q) The evaluator shall not perform any of
				the functions performed by a professional engineer for engineered wastewater
				systems described in
				G.S.
				130A-336.1
(r) Evaluators who fail to comply with
				G.S.
				89F-19 and have their soil scientist license
				revoked or suspended shall also have their authorization as an evaluator
				revoked or suspended.
(s) Employees
				of a local health department or DHHS shall not construct, install, evaluate, or
				repair, or offer to construct, install, evaluate, or repair, onsite wastewater
				systems outside of their employment with a local health department or
				DHHS.
(t) Evaluators shall not
				perform duties of contractors or inspectors on any system on which they are the
				evaluator.
Authority
				  G.S.
				  90A-70;
				  90A-72;
				  90A-74;
				  130A-336.2;
Eff.
				  November 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. July
				  1, 2021; June 1, 2021.