GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2016-105
HOUSE BILL 742
AN ACT to clarify the requirements for initial licensure as a professional engineer AND TO ALLOW NORTH CAROLINA PUBLIC SCHOOLS TO REDUCE COSTS BY ALLOWING THE EMPLOYMENT OF LICENSED SCHOOL MAINTENANCE PLUMBERS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 89C‑13 reads as rewritten:
"§ 89C‑13. General requirements for licensure.
(a) Engineer Applicant.
The following shall be considered as minimum evidence satisfactory to the Board
that the applicant is qualified for licensure as a professional engineer:
(1) To be certified as an engineer intern, an
applicant shall (i) pass the fundamentals of engineering examination and make
application to the Board, (ii) be of good character and reputation, (iii)
submit three character references to the Board, one of whom is a professional
engineer, (iv) comply with the requirements of this Chapter, and (v) meet one
of the following requirements:
a. Education. Be a graduate of an engineering
curriculum or related science curriculum of four years or more, approved by the
Board as being of satisfactory standing.
b. Education and experience. Be a graduate of an
engineering curriculum or related science curriculum of four years or more,
other than curriculums approved by the Board as being of satisfactory standing,
or possess equivalent education and engineering experience satisfactory to the
Board with a specific record of four or more years of progressive experience on
engineering projects of a grade and character satisfactory to the Board.
(1a) To be licensed as a professional engineer, an
applicant shall (i) be of good character and reputation, (ii) submit five
character references to the Board, three of whom are professional engineers or
individuals acceptable to the Board with personal knowledge of the applicant's
engineering experience, (iii) comply with the requirements of this Chapter, and
(iv) meet one of the following requirements:
a. Licensure by Comity or Endorsement. A person
holding a certificate of licensure to engage in the practice of engineering, on
the basis of comparable qualifications, issued to the person by a proper
authority of a state, territory, or possession of the United States, the
District of Columbia, or of any foreign country possessing credentials that,
based on verifiable evidence, in the opinion of the Board, of a standard not
lower than that in effect in this State at the time the certificate was issued,
may upon application, be licensed without further examination, except as
required to examine the applicant's knowledge of laws, rules, and requirements
unique to North Carolina.
b. E.I. Certificate, Experience, and Examination.
A holder of a certificate of engineer intern and with a specific record of an
additional four years or more of progressive experience on engineering projects
of a grade and character which indicates to the Board that the applicant may be
competent to practice engineering, shall be admitted to the principles and
practice of engineering examination. Upon passing the examination, the applicant
shall be granted a certificate of licensure to practice professional
engineering in this State, provided the applicant is otherwise qualified.
c. Graduation, Experience, and Examination. A
graduate of an engineering curriculum of four years or more approved by the
Board as being of satisfactory standing, shall be admitted to the fundamentals
of engineering examination, and with a specific record of an additional four
years or more of progressive experience on engineering projects of a grade and
character that indicates to the Board that the applicant may be competent to
practice engineering, the principles and practice of engineering examination.
Upon passing the examinations, the applicant shall be granted a certificate of
licensure to practice professional engineering in this State, provided the
applicant is otherwise qualified.
d. Graduation, Experience, and Examination. A
graduate of an engineering or related science curriculum of four years or more,
other than the ones approved by the Board as being of satisfactory standing or
with an equivalent education and engineering experience satisfactory to the
Board shall be admitted to the fundamentals of engineering examination and with
a specific record of an additional eight years or more of progressive experience
on engineering projects of a grade and character that indicates to the Board
that the applicant may be competent to practice engineering, the principles and
practice of engineering examination. Upon passing the examinations, the
applicant shall be granted a certificate of licensure to practice professional
engineering in this State, provided the applicant is otherwise qualified.
e. Long‑Established Practice. A person
with a specific record of 20 years or more of progressive experience on
engineering projects of a grade and character which indicates to the Board that
the applicant may be competent to practice engineering shall be admitted to the
principles and practice of engineering examination. Upon passing the
examination, the applicant shall be granted a certificate of licensure to
practice professional engineering in this State, provided the applicant is
otherwise qualified.
f. Full‑time faculty. Full‑time
engineering faculty members who teach in an approved engineering program
offering a four‑year or more degree approved by the Board, may request
and be granted waiver of the fundamentals of engineering examination. The
faculty applicant shall document that the degree meets the Board's requirement.
The faculty applicant shall then be admitted to the principles and practice of
engineering examination.
g. Doctoral degree. A person possessing an
earned doctoral degree in engineering from an institution in which the same
discipline undergraduate engineering program has been accredited by ABET (EAC)
may request and be granted waiver of the fundamentals of engineering
examination. The doctoral degree applicant shall document that the degree meets
the Board's requirement. The doctoral degree applicant shall then be admitted
to the principles and practice of engineering examination.
At its discretion the Board may
require an applicant to submit exhibits, drawings, designs, or other tangible
evidence of engineering work which the applicant personally accomplished or
supervised.Engineer Intern. To be certified
as an engineer intern, an applicant shall (i) pass the fundamentals of
engineering examination and make application to the Board, (ii) be of good
character and reputation, (iii) submit three character references to the Board,
one of whom is a professional engineer, (iv) comply with the requirements of
this Chapter, and (v) meet one of the following requirements:
(1) Education. Be a graduate of an EAC/ABET accredited engineering curriculum or of a related science curriculum which has been approved by the Board as being of satisfactory standing.
(2) Education and experience. Be a graduate of an engineering curriculum or related science curriculum of four years or more, other than curriculums approved by the Board as being of satisfactory standing in subdivision (1) of this subsection, and possess engineering experience satisfactory to the Board with a specific record of four or more years of progressive experience on engineering projects of a grade and character satisfactory to the Board.
(a1) Engineer Applicant. To be licensed as a professional engineer, an applicant (i) shall be of good character and reputation, (ii) submit five character references to the Board, three of whom are professional engineers or individuals acceptable to the Board with personal knowledge of the applicant's engineering experience, (iii) comply with the requirements of this Chapter, and (iv) meet the requirements related to education, examination, and experience set forth in this subsection. An applicant seeking licensure as a professional engineer shall meet the following requirements:
(1) Education requirement. Possess one or more of the following educational qualifications:
a. A bachelor's degree in engineering from an EAC/ABET accredited program or in a related science curriculum which has been approved by the Board as being of satisfactory standing.
b. A bachelor's degree in an engineering curriculum or related science curriculum of four years or more, other than curriculums approved by the Board as being of satisfactory standing in sub‑subdivision a. of this subdivision.
c. A master's degree in engineering from an institution that offers EAC/ABET accredited programs.
d. An earned doctoral degree in engineering from an institution that offers EAC/ABET accredited programs and in which the degree requirements are approved by the Board.
(2) Examination requirements. Take and pass the Fundamentals of Engineering (FE) examination. Take and pass the Principles and Practice of Engineering (PE) examination as provided by G.S. 89C‑15, after having met the education requirement set forth in subdivision (1) of this subsection.
(3) Experience requirement. Present evidence satisfactory to the Board of a specific record of progressive engineering experience that is of a grade and character that indicates to the Board that the applicant is competent to practice engineering. The Board may adopt rules to specify the years of experience required based on educational attainment, provided the experience requirement for an applicant who qualifies under sub‑subdivision (1)a. of this subsection shall be no less than four years and for an applicant who qualifies under sub‑subdivision (1)b. of this subsection, no less than eight years.
For purposes of this subsection, the term "EAC/ABET" means the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology.
(a2) Licensure by Comity or Endorsement. A person holding a certificate of licensure to engage in the practice of engineering, on the basis of comparable qualifications, issued to the person by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country possessing credentials that, based on verifiable evidence, in the opinion of the Board, of a standard not lower than that in effect in this State at the time the certificate was issued, may upon application, be licensed without further examination, except as required to examine the applicant's knowledge of laws, rules, and requirements unique to North Carolina.
(a3) Long‑Established Practice. A person with a specific record of 20 years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering shall be admitted to the Principles and Practice of Engineering examination. Upon passing the examination, the person shall be granted a certificate of licensure to practice professional engineering in this State, provided the person is otherwise qualified.
(a4) Exceptions. The following persons may apply for and be granted waiver of the fundamentals of engineering examination and admission to the principles and practice of engineering examination:
(1) A full‑time engineering faculty member who teaches in an approved engineering program offering a four‑year or more degree approved by the Board. The faculty member applicant shall document that the degree meets the Board's requirements.
(2) A person possessing an earned doctoral degree in engineering from an institution in which the same discipline undergraduate engineering program has been accredited by EAC/ABET. The doctoral degree applicant shall document that the degree meets the Board's requirements.
(b) Land Surveyor Applicant. The evaluation of a land surveyor applicant's qualifications shall involve a consideration of the applicant's education, technical, and land surveying experience, exhibits of land surveying projects with which the applicant has been associated, and recommendations by references. The land surveyor applicant's qualifications may be reviewed at an interview if the Board determines it necessary. Educational credit for institute courses, correspondence courses, or other courses shall be determined by the Board.
."
SECTION 2. G.S. 87‑21(b) reads as rewritten:
"§ 87‑21. Definitions; contractors licensed by Board; examination; posting license, etc.
(b) Classes of Licenses; Eligibility and Examination of Applicant; Necessity for License.
(1) In order to protect the public health, comfort and safety, the Board shall establish two classes of licenses: Class I covering all plumbing, heating, and fire sprinkler systems for all structures, and Class II covering plumbing and heating systems in single‑family detached residential dwellings.
(2) Restricted licenses or classifications.
a. The Board shall establish and issue a fuel piping license for use by persons who do not possess the required Class I or Class II plumbing or heating license, but desire to engage in the contracting or installing of fuel piping extending from an approved fuel source at or near the premises, which piping is used or may be used to supply fuel to any systems, equipment, or appliances located inside the premises.
b. The Board shall establish and issue a limited plumbing contractor license for use by persons who do not possess the required Class I or Class II plumbing license but desire to engage in the contracting or installation, repair, or replacement of either of the following:
1. Exterior potable water service lines or backflow preventers serving irrigation systems or domestic water service systems of two inch diameter or smaller.
2. Exterior building sewer or water service piping of two inch diameter or smaller.
c. The Board may also
establish additional restricted classifications to provide for: (i) the
licensing of any person, partnership, firm, or corporation desiring to engage
in a specific phase of heating, plumbing, or fire sprinkling contracting; (ii)
the licensing of any person, partnership, firm, or corporation desiring to
engage in a specific phase of heating, plumbing, or fire sprinkling contracting
that is an incidental part of their primary business, which is a lawful
business other than heating, plumbing, or fire sprinkling contracting; or (iii)
the licensing of persons desiring to engage in contracting and installing fuel
piping from an approved fuel source on the premises to a point inside the residence.shall
establish and issue:
1. A State and local government plumbing, heating group number one, heating group number two, or heating group number three technician license for use by persons who do not possess the required plumbing, heating group number one, heating group number two, or heating group number three contractor license but desire to engage in the installation, repair, or replacement of plumbing, heating group number one, heating group number two, or heating group number three solely as an employee of a State or local government agency.
2. A State and local government plumbing, heating group number one, heating group number two, or heating group number three technician license for use by persons who do possess the required plumbing, heating group number one, heating group number two, or heating group number three contractor license but also desire to engage in the installation, repair, or replacement of plumbing, heating group number one, heating group number two, or heating group number three as an employee of a State or local government agency without listing their contractor license in the name of the State or local government agency. Licensed contractors who obtain the State and local government technician license shall be allowed to contract and perform work under their contractor license only during hours such contractor is not actively employed with the State or local government as a technician, and is on‑site carrying out the contracting activity personally. No work can be performed by the State or local government agency in reliance upon the technician license when the licensee is not present.
."
SECTION 3. G.S. 87‑26 is amended by adding a new subsection to read:
"§ 87‑26. Corporations; partnerships; persons doing business under trade name.
(a) A license may be issued in the name of a corporation, provided, one or more officers, or full time employee or employees, or both, empowered to act for the corporation, are licensed in accordance with the provisions of this Article; and provided such officers or employee or employees shall execute contracts to the extent of their license qualifications in the name of the said corporation and exercise general supervision over the work done thereunder.
(b) A license may be issued in the name of a partnership provided one or more general partners, or full time employee or employees empowered to act for the partnership, are licensed in accordance with the provisions of this Article, and provided such general partners or employee or employees shall execute contracts to the extent of their license qualifications in the name of the said partnership, and exercise general supervision over the work done thereunder.
(c) A license may be issued in an assumed or designated trade name, provided the owner of the business conducted thereunder, or full time employee or employees empowered to act for the owner, are licensed in accordance with the provisions of this Article; and such owner or employee or employees shall execute contracts to the extent of their license qualifications, in the said trade name, and exercise general supervision over the work done thereunder.
(d) A certificate of license may be issued in accordance with the provisions of this Article upon payment of the annual license fee by such corporation, partnership, or owner of the business conducted under an assumed or designated trade name, as the case may be, and the names and qualifications of individual licensee or licensees connected therewith shall be indicated on the aforesaid license.
(e) It shall be necessary that persons licensed in accordance with the provisions of this section shall exercise general supervision over contracts to completion.
(f) Nothing in this section shall be deemed to limit the ability of a licensee under this Article who is regularly employed by a local board of education to maintain an individual license or to contract or perform work during the hours the licensee is off‑duty from the regular employer."
SECTION 4. G.S. 115C‑524 is amended by adding a new subsection to read:
"§ 115C‑524. Repair of school property; use of buildings for other than school purposes.
(a) Repair of school buildings is subject to the provisions of G.S. 115C‑521(c) and (d).
(a1) Local boards of education may employ personnel who are licensed to perform maintenance and repairs on school property for plumbing, heating, and fire sprinklers pursuant to Article 2 of Chapter 87 of the General Statutes.
(b) It shall be the duty of local boards of education and tax‑levying authorities, in order to safeguard the investment made in public schools, to keep all school buildings in good repair to the end that all public school property shall be taken care of and be at all times in proper condition for use. It shall be the duty of all principals, teachers, and janitors to report to their respective boards of education immediately any unsanitary condition, damage to school property, or needed repair. All principals, teachers, and janitors shall be held responsible for the safekeeping of the buildings during the school session and all breakage and damage shall be repaired by those responsible for same, and where any principal or teacher shall permit damage to the public school buildings by lack of proper discipline of pupils, such principal or teacher shall be held responsible for such damage: Provided, principals and teachers shall not be held responsible for damage that they could not have prevented by reasonable supervision in the performance of their duties.
...."
SECTION 5. This act becomes effective October 1, 2016.
In the General Assembly read three times and ratified this the 1st day of July, 2016.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:01 p.m. this 22nd day of July, 2016