reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0304 - REINSTATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
			 whose license is revoked may be relicensed by majority vote of the Board on
			 written application made to the Board and successful completion of the
			 examination. Relicensing is subject to the completion or fulfillment of
			 conditions imposed upon the person by the Board at time of revocation and upon
			 payment of annual fees and late fees as set forth below.
(b) If a registration has lapsed for a period
			 of five years or more, the individual must complete and submit a new
			 application. Once the application is approved, the applicant must pass the
			 Registration Board exam requirements.
(c) Any person whose license has lapsed for a
			 period less than five years, without incident, may have their license renewed
			 upon written application to reinstate a license and payment of annual fees and
			 late fees since license lapsed.
(d)
			 Any person whose license lapsed for a period less than five years but has
			 outstanding complaints filed against them or been convicted of a crime shall be
			 required to submit an application for license and pass the Board examination
			 before reinstatement.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0401 - RULE MAKING AND ADMINISTRATIVE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with G.S. 150B-16, any person desiring the
				adoption, amendment or repeal of a rule by the Board shall submit a petition to
				the Board containing the following information:
(1) Name of Board;
(2) A draft of the proposed rule;
(3) Reasons for the adoption, amendment or
			 repeal;
(4) Data supporting the
			 proposed rule;
(5) The effect of
			 the proposal on existing rules;
(6)
			 Effects of the proposed rule on persons licensed under Chapter 89D of the
			 General Statutes of North Carolina;
(7) Names (including addresses if known) of
			 those most likely to be affected by the rule; and
(8) Name(s) and address(es) of
			 petitioner(s).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter A - LANDSCAPE CONTRACTORS' REGISTRATION BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Codifier's Note:
The rules adopted by the
				  Landscape Contractors' Registration Board codified as
				  21 NCAC
				  28A are removed from the NCAC pursuant to
				  G.S.
				  150B-21.7 and S.L. 2014-103, s. 3.(a),
				  effective August 1, 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 28B .0101 - NAME AND LOCATION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  communications shall be addressed to the North Carolina Landscape Contractors'
				  Licensing Board ("Board") at 3901 Barrett Drive, Suite 202, Raleigh, North
				  Carolina 27609. Applications and other information are available on the Board's
				  website: www.nclclb.com.
(b) The
				  Board office is open from 9:00 a.m. until 5:00 p.m., Monday through
				  Friday.
(c) The Board office is
				  closed on State and Federal holidays.
Authority
					 G.S.
					 89D-14;
					 89D-15(2);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 28B .0102 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Regular
				  meetings of the Board will be held at the Board office or other location chosen
				  by the Chairman. Additional meetings may be held at such other times and places
				  as the Board deems necessary.
(b)
				  The Board shall hold an annual meeting every January. At that meeting, the
				  Board shall elect a chairman, a vice chairman, a secretary-treasurer, and such
				  other officers as may be deemed necessary by the Board.
Authority
					 G.S.
					 89D-14;
					 89D-15(2);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 28B .0103 - PRACTICE OF LANDSCAPE CONTRACTING; DISPLAY OF LICENSE NUMBER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An individual who is "readily available
				  to exercise supervision over the landscape construction and contracting work"
				  as set forth in
				  G.S.
				  89D-12(a) and
				  G.S.
				  89D-17(f) is an individual
				  who is physically located no more than 100 miles from where the construction or
				  contract project is located or who is available electronically with the ability
				  to view the construction or contract project.
(b) The contractor's license number shall be
				  displayed in accordance with
				  G.S.
				  89D-12(e). License numbers
				  displayed on vehicles used in the contractor's landscaping business shall be a
				  minimum of one inch in height.
(c)
				  In addition to the requirements of
				  G.S.
				  89D-12(e), license numbers
				  shall be included on all estimates and proposals.
(d) All contracts, estimates, and proposals
				  shall be signed by the contractor or his or her designee.
Authority
					 G.S.
					 89D-12(a) and (e);
					 89D-15(2);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016;
Amended Eff. July 1, 2021; June 1,
					 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 28B .0104 - 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 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.
					 89D-15;
					 93B-2;
Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0200 - LICENSURE; RECIPROCITY › Section 28B .0201 - APPLICATIONS FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  applicants for licensure or examination shall submit an application to the
				  Board. The application form shall be available on the Board website or may be
				  obtained by contacting the Board office. The application shall require the
				  following:
(1) The Social Security Number of
				  applicant;
(2) The applicant's
				  contact information;
(3) The name
				  of business under which licensee will be operating, if any;
(4) Information about all crimes of which the
				  applicant has been convicted;
(5)
				  Documentation regarding all crimes of which the applicant has been
				  convicted;
(6) Information
				  indicating whether the applicant has any disciplinary history with any other
				  occupational licensing, registration or certification board or
				  agency;
(7) Three personal letters
				  of reference;
(8) Two professional
				  letters of reference;
(9) The
				  corporate surety bond or an irrevocable letter of credit as prescribed by
				  G.S.
				  89D-16(a)(4);
(10) The application fee as set forth in Rule
				  .0601 of this Subchapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0200 - LICENSURE; RECIPROCITY › Section 28B .0202 - RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All applicants
				  for licensure by reciprocity shall submit an application to the Board. The
				  application form shall be available on the Board website or may be obtained by
				  contacting the Board office located as described in Rule .0101 of this
				  Subchapter.
(b) All applications
				  shall include the following:
(1) The license
				  by reciprocity application fee as set forth in Rule .0601 of this
				  Subchapter;
(2) Documentation
				  establishing that the qualifier for the applicant holds an active license,
				  certification, or registration as a landscape contractor in another state or
				  country;
(3) Information indicating
				  whether the applicant or qualifier has any disciplinary history with any other
				  occupational licensing, registration or certification board or
				  agency;
(4) The surety bond or an
				  irrevocable letter of credit as prescribed by
				  G.S.
				  89D-16(a)(4);
(5) Contact information for three personal
				  references;
(6) Contact information
				  for two professional references; and
(7) Documentation regarding all crimes of
				  which the applicant has been convicted.
If there is any evidence to show that the applicant has
					 committed any acts that would constitute a violation under
					 G.S.
					 89D-22, the applicant shall not be licensed
					 by reciprocity.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0200 - LICENSURE; RECIPROCITY › Section 28B .0203 - MILITARY-TRAINED APPLICANT; MILITARY SPOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensure
				  for a military-trained applicant. 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 to the applicant who satisfies the following
				  conditions:
(1) submission of a complete
				  application for licensure in accordance with Rule .0201 of this
				  Section;
(2) submission of an
				  application fee in accordance with Rule .0601 of this Subchapter; and
(3) providing documentation to satisfy
				  conditions set out in
				  G.S.
				  93B-15.1(a)(1), (2) and
				  (3).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0200 - LICENSURE; RECIPROCITY › Section 28B .0204 - MAINTAIN CURRENT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  licensee shall keep the Board advised of the licensee's current mailing
				  address, phone number, email address, and the name or names under which the
				  licensee is practicing. If any change occurs, the licensee shall notify the
				  Board in writing of the change within 30 days.
(b) Upon the dissolution of a professional
				  relationship, the member or members thereof shall notify the Board in writing
				  within 30 days concerning such dissolution and of the succeeding business
				  status and addresses of the individuals or firm.
(c) A licensee shall maintain a continuous
				  surety bond coverage or an irrevocable letter of credit while the license is
				  active. Within 5 days after the lapse of a surety bond or revocation of a
				  letter of credit prescribed in
				  G.S.
				  89D-16(a)(4), a licensee
				  shall notify the Board in writing. If a licensee fails to renew the surety bond
				  or obtain a new letter of credit within 30 days after the lapse or revocation,
				  the license shall be revoked.
(d)
				  Failure to notify the Board of the changes described in this Rule shall
				  constitute a violation of
				  G.S.
				  89D-22(a)(6).
Authority
					 G.S.
					 89D-15(2),
					 89D-15(11);
					 89D-16(a)(4);
					 89D-17(h);
					 89D-22(a)(8);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0300 - LICENSE RENEWAL; REINSTATEMENT › Section 28B .0301 - LICENSE RENEWAL; WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All licensees
				  seeking renewal shall submit annually to the Board a renewal application. The
				  deadline for submission is August 1 in the renewal year. Applications shall be
				  postmarked or received by the Board no later than August 1. If August 1 falls
				  on a Saturday or Sunday, the application shall be postmarked or received no
				  later than the following Monday. The application form is available on the Board
				  website or may be obtained by contacting the Board office.
(b) All renewal applications shall include
				  the following:
(1) The license renewal fee
				  set forth in Rule .0601 of this Subchapter;
(2) Documentation showing that the licensee
				  has met the Board's continuing education requirements as set forth in Section
				  .0400 of this Subchapter. However, if the licensee was licensed by examination
				  within the previous 12 months, the licensee is not required to submit evidence
				  of continuing education; and
(3)
				  Documentation regarding all crimes of which the licensee has been convicted
				  since the previous licensure or renewal.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0300 - LICENSE RENEWAL; REINSTATEMENT › Section 28B .0302 - REINSTATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All applicants
				  for reinstatement under this Rule shall submit an application to the Board. The
				  application form shall be obtained by contacting the Board office. The
				  reinstatement application shall require the following:
(1) The applicant's home and business contact
				  information including phone number and email address;
(2) Corporate surety bond or an irrevocable
				  letter of credit as required by
				  G.S.
				  89D-16(a)(4);
(3) Documentation showing that the licensee
				  has met the Board's continuing education requirements as set forth in Section
				  .0400 of this Subchapter;
(4)
				  Documentation regarding all crimes of which the applicant has been convicted
				  since the previous application or renewal was filed with the Board;
(5) Reinstatement, license renewal and
				  renewal late fees in accordance with Rule .0601 of this Subchapter;
				  and
(6) Attestation, by signature,
				  that the licensee has not engaged in the practice of landscape construction or
				  contracting after revocation and that all information supplied on the
				  reinstatement application is true and accurate.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0300 - LICENSE RENEWAL; REINSTATEMENT › Section 28B .0303 - QUALIFIER/QUALIFYING PARTY; USE OF ASSUMED NAME

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each license shall have a person associated with the license who shall be
				  deemed the "qualifier" or the "qualifying party." The qualifier shall be an
				  individual who has passed the Board's examination in accordance with the
				  Board's statutes and rules.
(b) If
				  the license is an individual license, the qualifier shall be the same person as
				  the person holding the individual license name. If the licensee is a legal
				  entity authorized under the Board's practice act, the qualifier shall be as
				  follows:
(1) If a corporation, the qualifier
				  shall be an officer or a full-time employee;
(2) If a limited liability company, the
				  qualifier shall be a manager as defined in
				  G.S.
				  57D-1-03 or a full-time employee;
(3) If a partnership, the qualifier shall be
				  a general partner or full-time employee; and
(4) If the holder of an assumed or designated
				  trade name, the qualifier shall be an owner of no less than 50 percent of the
				  business or a full-time employee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0400 - CONTINUING EDUCATION › Section 28B .0401 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
To ensure continuing efforts on the part of licensed
					 contractors to remain current with new developments in landscape technology and
					 to encourage better business practices and safety in the profession, continuing
					 education is required as a condition of license renewal. A licensee shall
					 submit, as a part of his or her renewal application, evidence that he or she
					 has met the Board's continuing education requirements as set forth in this
					 Section. Except as provided in Rule .0301 of this Subchapter, renewal
					 applications that do not contain this information shall be deemed
					 incomplete.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(4);
					 89D-15(12);
					 89D-20;
Temporary
					 Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0400 - CONTINUING EDUCATION › Section 28B .0402 - CONTINUING EDUCATION UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				  shall complete in-person seven continuing education units (CEUs) during the
				  year preceding renewal. At least three of the seven CEUs must be technical
				  credits and at least two of the seven CEUs must be business credits. If the
				  information provided by the licensee or continuing education provider to the
				  Board as required by this Section is unclear, the Board may request additional
				  information from a licensee or continuing education provider in order to assure
				  compliance with continuing education requirements.
(b) For the purposes of this Rule:
(1) "technical credits" are defined as
				  credits relating to the subject matter of landscape contracting as described in
				  G.S.
				  89D-11(3) and Rules .0502
				  through .0511 in this Subchapter. The rules shall be grouped as follows:
(A) Group A: topics covered in Rules .0502,
				  .0503, .0510, and .0511 in this Subchapter;
(B) Group B: topics covered in Rules .0504
				  and .0506 in this Subchapter;
(C)
				  Group C: topics covered in Rules .0507 through .0509 in this
				  Subchapter;
(D) Group D: topics
				  covered in Rule .0505; and
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0400 - CONTINUING EDUCATION › Section 28B .0403 - CONTINUING EDUCATION RECORDS; AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				  shall maintain records of attendance at continuing education programs for which
				  CEUs have been approved for three years following the processing date of the
				  renewal application to which the CEUs were applied.
(b) Compliance with annual CEU requirements
				  shall be determined through a random audit process conducted by the Board.
				  Licensees selected for auditing shall provide the Board with the following
				  documentation of the CEU activities claimed for the renewal period:
(1) attendance verification records;
				  and
(2) information regarding
				  course content, instructors, and sponsoring organization.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0400 - CONTINUING EDUCATION › Section 28B .0404 - EXTENSION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				  grant a licensee an extension of time to complete CEU 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 an extension; and
(2)
				  Documentation that the licensee 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 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0400 - CONTINUING EDUCATION › Section 28B .0405 - REQUESTS FOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All requests
				  for CEU approval shall include the following:
(1) All applicants for continuing education
				  credit shall submit an application to the Board. The application form shall be
				  available on the Board website or may be obtained by contacting the Board
				  office. The application shall require the following:
(i) Applicant's contact information including
				  phone number and email address;
(ii) Name of business under which the
				  applicant is operating;
(iii) Type
				  of qualifying activity in accordance with Rule .0402 of this
				  Subchapter;
(iv) Title of the
				  qualifying activity;
(v) Date(s)
				  and time(s) of the qualifying activity;
(vi) Complete address where the qualifying
				  activity will be held;
(vii)
				  Qualifying activity registration information;
(viii) Name of presenter(s) and
				  credentials;
(ix) Course agenda and
				  supporting materials; and
(x)
				  Attestation, by signature, that the qualifying activity provider will maintain
				  attendance records for this course for one year after the date of this
				  course.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0400 - CONTINUING EDUCATION › Section 28B .0406 - EMERGENCY EXTENSIONS OF CONTINUING EDUCATION REQUIREMENTS: LICENSED LANDSCAPE CONTRACTORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All active
				  licensees shall be granted a one-year extension of all continuing education
				  requirements for the license year ending July 31, 2020. The required hours
				  shall be reported no later than July 31, 2021.
(b) The Board shall accept Board-approved
				  continuing education credits previously obtained in compliance for the license
				  year ending July 31, 2020 and shall apply those credits to the license year
				  ending July 31, 2021.
(c) This Rule
				  does not affect any other licensure renewal requirements set forth in G.S. 89D
				  and the rules set forth in this Subchapter.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(4);
					 89D-15(12);
					 89D-20(b);
Emergency Adoption Eff. April 16, 2020;
Temporary Adoption Eff.
					 June 26, 2020;
Eff. April 1,
					 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0501 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  commencing work, services performed by a licensed landscape contractor
				  ("licensed contractor") that exceed five thousand dollars ($5,000) in value
				  shall be described in a written agreement. This agreement may be authored by
				  either party and shall contain:
(1) The
				  business name, license number, business address, and telephone number of the
				  licensed contractor;
(2) The name
				  and address of client or customer;
(3) The address or location of work to be
				  performed, if different from the client or customer's address;
(4) The date of the proposal;
(5) The description of the work to be
				  performed;
(6) The total value in
				  lump sum, unit price, or time and material price;
(7) The estimated time of completion unless
				  already identified in an original prime contract, if applicable;
(8) The terms of payment;
(9) The terms of warranty (if any);
(10) The terms of maintenance, including the
				  party responsible for maintenance;
(11) The signatures of all parties by
				  individuals legally authorized to act on behalf of the parties;
(12) Affixation of a seal described in
				  G.S.
				  89D-12(d) or a statement
				  that the licensed contractor is licensed by the Board and the current address
				  and phone number of the Board; and
(13) The date of signing.
Contracts that are lump sum and have no breakout of cost
					 for services that are either covered or noncovered under
					 G.S.
					 89D-11 through
					 G.S.
					 89D-13 shall be inclusive of covered services
					 under G.S.
					 89D-13(5).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0502 - PLANTING

Current through Register Vol. 39, No. 2, July 15, 2024
When planting, the licensed contractor shall:
(1) Avoid potential planting conflicts with
				  utilities and sight lines.
(2)
				  Protect plant material from physical damage and desiccation during
				  transport.
(3) Maintain plants
				  during landscape construction.
(4)
				  Consider the cultural requirements of individual plants.
(5) Excavate the plant hole sufficiently to
				  ensure plant establishment and to promote long-term health, typically two times
				  the width of the plant ball or container size.
(6) Scarify the sidewalls of the planting
				  pit.
(7) Set plants in an upright,
				  plumb position, unless design intent dictates otherwise.
(8) Set plants on a firm, solid
				  base.
(9) Remove all strings,
				  twine, and strapping from around the trunk of trees.
(10) Remove the top third to top half of
				  burlap or other wrapping material from the rootball of balled and burlapped
				  trees.
(11) Remove top third to top
				  half of wire baskets on balled and burlapped trees or bend basket wire back to
				  be flush with the side of the ball.
(12) Set the plant so that the top of
				  rootball is at or slightly above surrounding soil and does not exceed four
				  inches above the surrounding soil.
(13) Prior to planting, insure that the trunk
				  flare of a tree is not covered with soil, is at or above the surrounding
				  finished grade, and that no soil has been placed on top of the
				  rootball.
(14) Prior to planting
				  containerized plants, manage the rootball to mitigate problems such as circling
				  roots. Acceptable mitigation methods shall include slicing the rootball,
				  shaving the rootball, or redirecting roots.
(15) Utilize backfill soil that is similar to
				  the soil at the planting site or is amended to meet a specific landscaping
				  objective.
(16) Not firm backfill
				  to a density that inhibits root growth.
(17) Install backfill soil in such a manner
				  that it is settled in layered sections to limit future settling.
(18) Not utilize screened soil as the sole
				  material for backfill.
(19) When
				  mulching plants, maintain a mulch depth that is beneficial to the health of the
				  plants.
(20) When mulch is applied,
				  apply mulch so that it does not touch a tree trunk or root flare.
(21) Water plants thoroughly and immediately
				  after planting in accordance with the needs of the plant.
(22) Notify client of his or her
				  responsibility to water plants following installation.
(23) Stake trees only when required due to
				  high winds, extreme slopes, or soft soils;
(a)
				  If trees are staked, the guys shall not be installed so as to provide pressure
				  on the trunk.
(b) Guys in contact
				  with the tree shall be of a material that will not damage the tree.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0503 - TURF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When establishing natural turf, the
				  licensed contractor shall:
(1) Notify the
				  owner or the construction manager whether there is adequate time to establish
				  the specified turf from seed within the construction schedule and prior to
				  finish of the job;
(2) Prior to
				  lawn installation, loosen soil to a minimum depth of three inches;
(3) Confirm that all lawn seed meets the
				  standards of the NC Seed Law of 1963, as set forth in G.S. 106, Art.
				  31;
(4) Evenly distribute
				  seed;
(5) Apply seed at
				  manufacturer's recommended rates;
(6) Roll or rake after seeding to ensure good
				  soil contact;
(7) Install sod
				  within 36 hours of harvesting unless weather conditions or turf types dictate a
				  shorter timeframe;
(8) Lay sod
				  strips in a staggered pattern, horizontal to slopes and with tight
				  seams;
(9) Roll sod after
				  installation to provide good soil contact;
(10) Distribute sprigs evenly;
(11) Ensure that sprigs and sod plugs are in
				  good contact with the soil;
(12)
				  Water lawn areas after installation and in accordance with the needs of the
				  lawn; and
(13) Notify client of his
				  or her responsibility to water turf following installation.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0504 - FINISH GRADE

Current through Register Vol. 39, No. 2, July 15, 2024
When grading, the licensed contractor shall:
(1) Grade the surface such that the finish
				  grade is smooth and free of depressions and debris;
(2) Insure positive water flow through the
				  site, away from structures, and in such a manner that there is no puddling or
				  ponding; and
(3) Comply with all
				  applicable local and national building codes and ordinances regarding slopes
				  and drainage.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(16);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0505 - DESIGN AND CONSULTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The licensed
				  contractor shall be permitted to perform work as defined in
				  G.S.
				  89D-11(3) and
				  G.S.
				  89D-12 on the following project sites:
(1) A single family residential project of
				  any size;
(2) A non-single family
				  project under one acre in total area;
(3) A residential, institutional, or
				  commercial project over one acre in total area that involves only planting and
				  mulching; and
(4) Any other project
				  not prohibited by, or specifically exempted from, the provisions of G.S. 83A,
				  G.S. 89A, or G.S. 89C.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0506 - DRAINAGE SYSTEMS AND CISTERNS

Current through Register Vol. 39, No. 2, July 15, 2024
Licensed contractors shall:
(1) Install drainage systems and cisterns in
				  accordance with state and local codes and ordinances;
(2) Install drainage conveyances in such a
				  way that there is a positive flow;
(3) Install drainage systems with measures
				  that allow cleaning of the system;
(4) Install drainage systems with adequate
				  structural integrity so as to prevent crushing of the drainage
				  system;
(5) Install French drain
				  systems to drain to daylight or into existing storm drainage; and
(6) Insure that cisterns and closed drywells
				  include an overflow outlet.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(16);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0507 - LOW-VOLTAGE LIGHTING; POOLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  installing low-voltage landscape lighting systems, the licensed contractor
				  shall:
(1) Insure that all wire connections
				  are waterproof;
(2) Only use
				  weather-proof fixtures;
(3) Supply
				  lamps per the manufacturer's specifications with all fixtures;
(4) Ensure that the total lamp wattage of
				  each circuit does not exceed the National Electrical Code (NEC) standard for
				  the size of wire being used;
(5)
				  Not load a wire to more than 80 percent of the wire's capacity;
(6) Connect all exterior low-voltage wiring
				  to a ground fault circuit interrupter (GFCI) circuit;
(7) Mount transformers a minimum of 18 inches
				  above grade;
(8) Perform a
				  post-installation inspection to verify that the lighting system is fully
				  operational as intended per the manufacturer's recommendations; and
(9) Provide literature to the client about
				  the lighting components that lists lamps per the manufacturer's specifications
				  for fixtures.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0508 - WALLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When installing retaining walls, the
				  licensed contractor shall:
(1) Adhere to all
				  pertinent codes;
(2) Adhere to all
				  NC Department of Insurance requirements regarding the construction of retaining
				  walls which are hereby incorporated by reference and can be found at
				  www.ncosfm.gov/codes free of charge;
(3) Adhere to manufacturer's or design
				  professionals specifications;
(4)
				  Bury the first course of a retaining wall;
(5) Not construct dry-laid stone walls of a
				  height more than 3 feet above grade;
(6) Include a subdrain system that is
				  constructed and sized to release the subsurface water behind the wall and not
				  allow hydrostatic pressure to build behind the wall;
(7) Construct on a level, well-compacted base
				  of granular material at least 6 inches deep;
(8) Place backfill behind retaining walls in
				  lifts no greater than 6 inches before compacted (each lift shall be
				  well-compacted);
(9) Prevent
				  excessive runoff from passing over a retaining wall;
(10) Construct vertically-set timber walls
				  with above-ground heights equal to or less than the depth of timbers below
				  grade;
(11) Install deadmen every
				  fourth course on 8 feet centers when constructing horizontally-set timber
				  retaining walls with staggered joints;
(12) Stagger the joints when constructing
				  dry-laid stone walls. If successive vertical joints occur, the licensed
				  contractor shall avoid running vertical joints more than two courses;
				  and
(13) Assure that segmental
				  walls meet the manufacturer's specifications.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0509 - PAVING

Current through Register Vol. 39, No. 2, July 15, 2024
When paving, the licensed contractor shall:
(1) Follow manufacturer's recommendations and
				  specifications;
(2) Choose paving
				  materials that are appropriate for the project, based on the contractor's
				  professional judgment;
(3) Install
				  paving on a well-compacted base that will prevent settlement;
(4) Install paved surfaces to allow for
				  surface drainage and to prevent ponding;
(5) Install reinforcement in concrete slabs
				  so that the reinforcement is suspended within the concrete and not resting on
				  the base course;
(6) Not pour
				  concrete if air temperatures, away from artificial heat or in the shade, is
				  less than 35 degrees Fahrenheit;
(7) Not pour concrete if the air temperature
				  in the shade is 90 degrees Fahrenheit and rising or if the concrete temperature
				  is greater than 95 degrees Fahrenheit;
(8) Use a vibratory compacting device to set
				  unit pavers and after joints are swept; and
(9) Utilize an edge restraint on unit paver
				  installations.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(16);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0510 - PRUNING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When pruning, a
				  licensed contractor shall:
(1) Use sharp
				  tools;
(2) When making a pruning
				  cut that removes a branch at its point of origin, make the cut close to the
				  trunk or parent branch without cutting into the branch bark ridge or branch
				  collar or leaving a stub;
(3) Not
				  flush cut;
(4) Not top
				  trees;
(5) Remove branches in such
				  a manner as to avoid damage to other parts of the plant or to other plants or
				  property; and
(6) Precut branches
				  that are too large to support with one hand to avoid splitting the wood or
				  tearing the bark.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0500 - MINIUMUM STANDARDS › Section 28B .0511 - WILDFLOWER, NATIVE GRASS, AND NO-MOW SEED ESTABLISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
When establishing wildflower, native grass, or no-mow
					 seeding, a licensed contractor shall:
(1) Prior to construction, inform the owner
				  or construction manager of the time required to establish native bunch grasses
				  and forbs from seed and whether this time is compatible with the construction
				  schedule.
(2) Confirm the
				  suitability of the specified seed for the project as determined by the land,
				  soil type, and sun/shade exposure.
(3) Select seed that is regionally
				  appropriate and of the geographic ecotype for the location of the project by
				  following the recommended seeding rate from the supplier.
(4) Use pure live seed (PLS) rates for
				  seeding. If bulk seed is utilized, adjust the rates accordingly.
(5) Use a temporary cover, nurse crop, or
				  mulch that is non-allelopathic and seasonally appropriate when
				  seeding.
(6) Use highest seed rates
				  on slopes greater than 30 degrees or when a dormant seeding schedule is
				  utilized.
(7) Employ a seeding
				  method that buries seed less than one-quarter inch in depth, and cultipack or
				  roll after seed distribution.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(16);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0600 - FEES › Section 28B .0601 - FEE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				  charge the following fees:
(1) Application:
				  $75.00;
(2) Examination:
				  $150.00;
(3) Individual license
				  fee: $100.00;
(4) Corporate license
				  fee: $100.00;
(5) License renewal:
				  $100.00;
(6) Late renewal:
				  $25.00;
(7) Individual license
				  reinstatement: $100.00;
(8)
				  Corporate license reinstatement: $100.00;
(9) License by reciprocity: $100.00;
				  and
(10) Duplicate license:
				  $25.00.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0700 - COMPLAINTS; INVESTIGATIONS › Section 28B .0701 - COMPLAINTS; INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All complaints filed with the Board shall be filed either on a form provided by
				  the Board or via the Board's online complaint process at www.nclclb.com. All
				  complaints must contain the following information:
(1) Date of alleged violation;
(2) Contact information for
				  licensee/unlicensed contractor;
(3)
				  Contractor license number, if known;
(4) Complainant name and contact
				  information;
(5) Address where
				  alleged violation(s) occurred;
(6)
				  Description of work performed;
(7)
				  Copy of written contract; and
(8)
				  Attestation, by signature, that information provided is true and accurate to
				  the best of complainant's knowledge.
The Board will not investigate anonymous complaints.
					 Incomplete complaints will not be investigated.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0800 - HEARINGS PROCESS; SUMMARY SUSPENSION › Section 28B .0801 - PROBABLE CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon a determination that there is probable cause to
					 believe a violation of G.S. 89D or the rules of this Subchapter exists, the
					 Board shall issue a Notice of Hearing pursuant to
					 G.S.
					 150B-38(b) and (c). Any
					 party served with a Notice of Hearing may file a written response pursuant to
					 G.S.
					 150B-38(d).
Authority
					 G.S.
					 89D-15(2);
					 89D-15(7);
					 89D-15(8);
					 150B-38;
Temporary
					 Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0800 - HEARINGS PROCESS; SUMMARY SUSPENSION › Section 28B .0802 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Contested case
				  hearings shall be conducted by a majority of the Board unless the Board
				  requests the designation of an administrative law judge pursuant to
				  G.S.
				  150B-40(e). The Board
				  chairman shall serve as the presiding officer unless he or she is absent or
				  disqualified, in which case the vice-chairman shall preside. Hearings shall be
				  conducted pursuant to
				  G.S.
				  150B-40.
(b) An affidavit seeking disqualification of
				  any Board member, if filed in good faith and in a timely manner, shall be ruled
				  on by the remaining members of the Board. An affidavit is considered timely if
				  it is filed:
(1) Prior to the hearing;
				  or
(2) As soon after the
				  commencement of the hearing as the affiant becomes aware of facts that give
				  rise to his or her belief that a Board member should be disqualified.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0800 - HEARINGS PROCESS; SUMMARY SUSPENSION › Section 28B .0803 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  150B-39, the Board may issue subpoenas for
				  the appearance of witnesses or the production of documents or information,
				  either at the hearing or for the purposes of discovery.
(b) After a notice of hearing in a contested
				  case has been issued and served upon a licensee or, in a case concerning an
				  application for licensure, the applicant, the respondent may request subpoenas
				  for the attendance of witnesses and the production of evidence.
(c) Requests by a licensee or applicant for
				  subpoenas shall be made in writing to the Board and shall include the
				  following:
(1) the name and home or business
				  address of all persons to be subpoenaed; and
(2) the identification of any documents or
				  information being sought.
Upon submission of a written request containing the
					 information in Subparagraphs (1) and (2) of this Paragraph, the Board shall
					 issue the subpoenas to the requesting party within three business days of the
					 Board's receipt of the request.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0800 - HEARINGS PROCESS; SUMMARY SUSPENSION › Section 28B .0804 - SUMMARY SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board may
				  summarily suspend a license in accordance with
				  G.S.
				  150B-3(c).
(b) Upon the issuance of an order summarily
				  suspending a license, the Board shall schedule a hearing to occur at the
				  earliest practicable date. The order of summary suspension shall remain in
				  effect until the proceedings are determined.
Authority
					 G.S.
					 89D-15(2);
					 89D-15(4);
					 150B-3(c);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Subchapter B - LICENSING BOARD RULES › Section .0900 - RULEMAKING › Section 28B .0901 - RULEMAKING PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person may
				  petition the Board to adopt a rule by submitting to the Board a written request
				  that shall include the following:
(1)
				  Petitioner's contact information including phone number and email
				  address;
(2) Proposed rule,
				  proposed amendment, or rule to be repealed; and
(3) An explanation of why the proposed
				  adoption, amendment or repeal is being requested.
The request shall be submitted in writing to the Board
					 office as set out in
					 21 NCAC
					 28B .0101.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0100 - GENERAL › Section 29 .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section set forth the general operating
				  policies and procedures of the North Carolina Locksmith Licensing
				  Board.
Authority
				  G.S.74F-5;
Temporary
				  Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0100 - GENERAL › Section 29 .0102 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				meet during January and August and at other times agreed upon by a majority of
				the Board.
(b) Notification of the
				time and place of all meetings shall be published on the North Carolina
				Locksmith Licensing Board website,
www.nclocksmithboard.org
, not less than
				15 days prior to the meeting.
Authority
				  G.S.
				  74F-5(g);
Temporary Adoption Eff. August 13, 2002;
Eff. August 1,
				  2004;
Readopted Eff. June 1,
				  2017.