North Carolina General Statutes Chapter 87 Contractors

Article 1 - General Contractors.

  • N.C. Gen. Stat. § 87-1.   "General contractor" defined; exceptions
    (a) For the purpose of this Article any person or firm or corporation who for a fixed price, commission, fee, or wage, undertakes to...
  • N.C. Gen. Stat. § 87-1.1.   Exception for licensees under Article 2 or 4
    G.S. 87-1 shall not apply to a licensee under Article 2 or 4 of this Chapter of the General Statutes, G.S. 87-43 shall not...
  • N.C. Gen. Stat. § 87-1.2.   Exception for specified Department of Transportation contractors
    The letting of contracts for the types of projects specified in G.S. 136-28.14 shall not be subject to the licensing requirement of this Article....
  • N.C. Gen. Stat. § 87-2.   Licensing Board; organization
    There is created the State Licensing Board for General Contractors consisting of nine members appointed by the Governor for staggered five-year terms. Five of...
  • N.C. Gen. Stat. § 87-3.   Members of Board to take oath
    Each member of the Board shall, before entering upon the discharge of the duties of his office, take and file with the Secretary of...
  • N.C. Gen. Stat. § 87-4.   First meeting of Board; officers; secretary-treasurer and assistants
    The said Board shall, within 30 days after its appointment by the Governor, meet in the City of Raleigh, at a time and place...
  • N.C. Gen. Stat. § 87-5.   Seal of Board
    The Board shall adopt a seal for its own use. The seal shall have the words "North Carolina Licensing Board for General Contractors" and...
  • N.C. Gen. Stat. § 87-6.   Meetings; notice; quorum
    The Board shall meet twice each year, once in April and once in October, for the purpose of transacting such business as may properly...
  • N.C. Gen. Stat. § 87-7.   Records of Board; disposition of funds
    The secretary-treasurer shall keep a record of the proceedings of the said Board and shall receive and account for all moneys derived from the...
  • N.C. Gen. Stat. § 87-8.   Records; roster of licensed contractors; report to Governor
    The secretary-treasurer shall keep a record of the proceedings of the Board and a register of all applicants for license showing for each the...
  • N.C. Gen. Stat. § 87-9.   Compliance with Federal Highway Act, etc.; contracts financed by federal road funds; contracts concerning water or waste water systems
    Nothing in this Article shall operate to prevent the Department of Transportation from complying with any act of Congress and any rules and regulations...
  • N.C. Gen. Stat. § 87-9.1.   Ownership of real property; equipment; liability insurance
    (a) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as...
  • N.C. Gen. Stat. § 87-10.   Application for license; examination; certificate; renewal
    (a) Anyone seeking to be licensed as a general contractor in this State shall file an application for an examination on a form provided...
  • N.C. Gen. Stat. § 87-10.1.   Licensing of nonresidents
    (a) Definitions. - The following definitions apply in this section: (1) Delinquent income tax debt. - The amount of income tax due as stated...
  • N.C. Gen. Stat. § 87-11.   Revocation of license; charges of fraud, negligence, incompetency, etc.; hearing thereon; reissuance of certificate
    (a) The Board shall have the power to refuse to issue or renew or revoke, suspend, or restrict a certificate of license or to...
  • N.C. Gen. Stat. § 87-12.   Certificate evidence of license
    The issuance of a certificate of license or limited license by this Board shall be evidence that the person, firm, or corporation named therein...
  • N.C. Gen. Stat. § 87-13.   Unauthorized practice of contracting; impersonating contractor; false certificate; giving false evidence to Board; penalties
    Any person, firm, or corporation not being duly authorized who shall contract for or bid upon the construction of any of the projects or...
  • N.C. Gen. Stat. § 87-13.1.   Board may seek injunctive relief
    Whenever the Board determines that any person, firm or corporation has violated or is violating any of the provisions of this Article or rules...
  • N.C. Gen. Stat. § 87-14.   Regulations as to issue of building permits
    (a) Any person, firm, or corporation, upon making application to the building inspector or such other authority of any incorporated city, town, or county...
  • N.C. Gen. Stat. § 87-15.   Copy of Article included in specifications; bid not considered unless contractor licensed
    All architects and engineers preparing plans and specifications for work to be contracted in the State of North Carolina shall include in their invitations...
  • N.C. Gen. Stat. § 87-15.1.   Reciprocity of licensing
    To the extent that other states which provide for the licensing of general contractors provide for similar action, the Board in its discretion may...
  • N.C. Gen. Stat. § 87-15.2.   Public awareness program
    The Board shall establish and implement a public awareness program to inform the general public of the purpose and function of the Board. (1979,...
  • N.C. Gen. Stat. § 87-15.3.   Identity of complaining party confidential
    Once a complaint has been filed with the Board against a licensee or an unlicensed general contractor, the Board may, in its discretion, keep...
  • N.C. Gen. Stat. § 87-15.4.   Builder designations created
    (a) A licensee who successfully completes the educational requirements for accredited builder or accredited master builder, as established by the North Carolina Builders Institute...

Article 1A - Homeowners Recovery Fund.

  • N.C. Gen. Stat. § 87-15.5.   Definitions
    The following definitions apply in this Article: (1) Applicant. - The owner or former owner of a single-family residential dwelling unit who has suffered...
  • N.C. Gen. Stat. § 87-15.6.   Homeowners Recovery Fund
    (a) The Homeowners Recovery Fund is established as a special account of the Board. The Board shall administer the Fund. The purpose of the...
  • N.C. Gen. Stat. § 87-15.7.   Fund administration
    (a) The Board shall determine the procedure for applying to the Board for reimbursement from the Fund, for processing applications, for granting requests for...
  • N.C. Gen. Stat. § 87-15.8.   Application for reimbursement
    (a) The Board shall prepare a form to be used to apply for reimbursement from the Fund. Only a person whom the Board determines...
  • N.C. Gen. Stat. § 87-15.9.   Subrogation for reimbursement made
    The Board is subrogated to an applicant who is reimbursed from the Fund in the amount reimbursed and may bring an action against the...

Article 2 - Plumbing and Heating Contractors.

  • N.C. Gen. Stat. § 87-16.   Board of Examiners; appointment; term of office
    There is created the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors consisting of seven members appointed by the Governor: one...
  • N.C. Gen. Stat. § 87-17.   Removal, qualifications and compensation of members; allowance for expenses
    The Governor may remove any member of the Board for misconduct, incompetency or neglect of duty. Each member of the Board shall be a...
  • N.C. Gen. Stat. § 87-18.   Organization meeting; officers; seal; rules; employment of personnel; acquire property
    The Board shall, within 30 days after its appointment, meet in the City of Raleigh and organize, and elect a chairman, secretary, and treasurer,...
  • N.C. Gen. Stat. § 87-19.   Regular and special meetings; quorum
    The Board after holding its first meeting as hereinbefore provided, shall thereafter hold at least two regular meetings each year. Special meetings may be...
  • N.C. Gen. Stat. § 87-20.   Record of proceedings and register of applicants; reports
    The Board shall keep a record of its proceedings and a register of all applicants for examination, showing the date of each application, the...
  • N.C. Gen. Stat. § 87-21.   Definitions; contractors licensed by Board; examination; posting license, etc
    (a) Definitions. - For the purpose of this Article: (1) The word "plumbing" is hereby defined to be the system of pipes, fixtures, apparatus...
  • N.C. Gen. Stat. § 87-22.   License fee; expiration and renewal; reinstatement
    All persons, firms, or corporations engaged in the business of either plumbing or heating contracting, or both, shall pay an annual license fee not...
  • N.C. Gen. Stat. § 87-22.1.   Examination fees; funds disbursed upon warrant of chairman and secretary-treasurer
    The Board shall charge a nonrefundable application and examination fee not to exceed one hundred fifty dollars ($150.00) for each examination or any part...
  • N.C. Gen. Stat. § 87-22.2.   Licensing of nonresidents
    (a) Definitions. - The following definitions apply in this section: (1) Delinquent income tax debt. - The amount of income tax due as stated...
  • N.C. Gen. Stat. § 87-23.   Revocation or suspension of license for cause
    (a) The Board shall have power to revoke or suspend the license of or order the reprimand or probation of any plumbing, heating, or...
  • N.C. Gen. Stat. § 87-24.   Reissuance of revoked licenses; replacing lost or destroyed license
    The Board may in its discretion reissue license to any person, firm or corporation whose license may have been revoked: Provided, four or more...
  • N.C. Gen. Stat. § 87-25.   Violations made misdemeanor; employees of licensees excepted
    Any person, firm or corporation who shall engage in or offer to engage in, or carry on the business of plumbing, heating, or fire...
  • N.C. Gen. Stat. § 87-25.1.   Board may seek injunctive relief
    Whenever it appears to the Board that any person, firm or corporation is violating any of the provisions of this Article or of the...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 87-27.   License fees payable in advance; application of
    All license fees shall be paid in advance to the secretary and treasurer of the Board and by him held as a fund for...
  • N.C. Gen. Stat. § 87-27.1.   Public awareness program
    The Board shall establish and implement a public awareness program to inform the general public of the purpose and function of the Board. (1979,...

Article 3 - Tile Contractors.

  • N.C. Gen. Stat. § 87-28 through 87-38.   Repealed by Session Laws 1977, c. 143

Article 4 - Electrical Contractors.

  • N.C. Gen. Stat. § 87-39.   Board of Examiners; appointment; terms; chairman; meetings; quorum; principal office; compensation; oath
    (a) The State Board of Examiners of Electrical Contractors shall continue as the State agency responsible for the licensing of persons engaging in electrical...
  • N.C. Gen. Stat. § 87-40.   Secretary-treasurer
    At its regular first quarter meeting, the Board shall appoint a secretary-treasurer to serve for one year. The secretary-treasurer need not be a member...
  • N.C. Gen. Stat. § 87-41.   Seal of Board
    The Board shall adopt a seal for its own use, and the secretary-treasurer shall have charge and custody thereof. The seal shall have inscribed...
  • N.C. Gen. Stat. § 87-41.1.   Definitions
    As used in this Article, unless the context requires otherwise: (1) A "qualified individual" is an individual who is qualified in a specific license...
  • N.C. Gen. Stat. § 87-42.   Duties and powers of Board
    In order to protect the life, health and property of the public, the State Board of Examiners of Electrical Contractors shall provide for the...
  • N.C. Gen. Stat. § 87-43.   Electrical contracting defined; licenses
    Electrical contracting shall be defined as engaging or offering to engage in the business of installing, maintaining, altering or repairing any electric work, wiring,...
  • N.C. Gen. Stat. § 87-43.1.   Exceptions
    The provisions of this Article shall not apply: (1) To the installation, construction or maintenance of facilities for providing electric service to the public...
  • N.C. Gen. Stat. § 87-43.2.   Issuance of license
    (a) A person, partnership, firm, or corporation shall be eligible to be licensed as an electrical contractor and to have such license renewed, subject...
  • N.C. Gen. Stat. § 87-43.3.   Classification of licenses
    An electrical contracting license shall be issued in one of the following classifications: Limited, under which a licensee shall be permitted to engage in...
  • N.C. Gen. Stat. § 87-43.4.   Residential dwelling license
    There is hereby created a separate license for electrical contractors which shall permit an electrical contractor to engage in electrical contracting projects pertaining to...
  • N.C. Gen. Stat. § 87-44.   Fees; license term
    The Board shall collect a fee from each applicant before granting or renewing a license under the provisions of this Article; the annual license...
  • N.C. Gen. Stat. § 87-44.1.   Continuing Education Courses Required
    Beginning July 1, 1991, the Board may require as prerequisite to the annual renewal of a license that every listed qualified individual complete continuing...
  • N.C. Gen. Stat. § 87-44.2.   Licensing of nonresidents
    (a) Definitions. - The following definitions apply in this section: (1) Delinquent income tax debt. - The amount of income tax due as stated...
  • N.C. Gen. Stat. § 87-45.   Funds
    The fees collected for examinations and licenses under this Article shall be used for the expenses of the State Board of Examiners of Electrical...
  • N.C. Gen. Stat. § 87-46.   Responsibility of licensee; nonliability of Board
    Nothing in this Article shall relieve the holder or holders of licenses issued under the provisions hereof from complying with the building or electrical...
  • N.C. Gen. Stat. § 87-47.   Penalties imposed by Board; enforcement procedures
    (a) Repealed by Session Laws 1989, c. 709, s. 9. (a1) The following activities are prohibited: (1) Offering to engage or engaging in electrical...
  • N.C. Gen. Stat. § 87-48.   Penalty for violation of Article; powers of Board to enjoin violation
    (a) Any person, partnership, firm or corporation who shall violate any of the provisions of this Article or any rule of the Board adopted...
  • N.C. Gen. Stat. § 87-49.   No examination required of licensed contractors
    Any person, firm or corporation licensed in this State as a Class II electrical contractor on the effective date of this Article shall be...
  • N.C. Gen. Stat. § 87-50.   Reciprocity
    To the extent that other states which provide for the licensing of electrical contractors provide for similar action, the Board may grant licenses of...
  • N.C. Gen. Stat. § 87-50.1.   Public awareness program
    The Board shall establish and implement a public awareness program to inform the general public of the purpose and function of the Board. (1979,...
  • N.C. Gen. Stat. § 87-51.   Severability of provisions
    If any provision of this Article or the application thereof to any person or circumstances is for any reason held invalid, such invalidity shall...

Article 5 - Refrigeration Contractors.

  • N.C. Gen. Stat. § 87-52.   State Board of Refrigeration Examiners; appointment; term of office
    For the purpose of carrying out the provisions of this Article, the State Board of Refrigeration Examiners is created, consisting of seven members appointed...
  • N.C. Gen. Stat. § 87-53.   Removal, qualifications and compensation of members; allowance for expenses
    The Governor may remove any member of the Board for misconduct, incompetency or neglect of duty. Each member of the Board shall be a...
  • N.C. Gen. Stat. § 87-54.   Organization meeting; officers; seal; rules
    The Board shall within 30 days after its appointment meet in the City of Raleigh and organize, and shall elect a chairman and secretary...
  • N.C. Gen. Stat. § 87-55.   Regular and special meetings; quorum
    The Board after holding its first meeting, as hereinbefore provided, shall thereafter hold at least two regular meetings each year. Special meetings may be...
  • N.C. Gen. Stat. § 87-56.   Record of proceedings and register of applicants; reports
    The Board shall keep a record of its proceedings and a register of all applicants for examination, showing the date of each application, the...
  • N.C. Gen. Stat. § 87-57.   License required of persons, firms or corporations engaged in the refrigeration trade
    In order to protect the public health, safety, morals, order and general welfare of the people of this State, all persons, firms or corporations,...
  • N.C. Gen. Stat. § 87-58.   Definitions; contractors licensed by Board; examinations
    (a) As applied in this Article, "refrigeration trade or business" is defined to include all persons, firms or corporations engaged in the installation, maintenance,...
  • N.C. Gen. Stat. § 87-59.   Revocation or suspension of license for cause
    (a) The Board shall have power to revoke or suspend the license of any refrigeration contractor who is guilty of any fraud or deceit...
  • N.C. Gen. Stat. § 87-60.   Reissuance of revoked licenses; replacing lost or destroyed licenses
    The Board may in its discretion reissue license to any person, firm or corporation whose license was revoked if a majority of the Board...
  • N.C. Gen. Stat. § 87-61.   Violations made misdemeanor; employees of licensees excepted
    Any person, firm or corporation who shall engage in or offer to engage in, or carry on the business of refrigeration contracting as defined...
  • N.C. Gen. Stat. § 87-61.1.   Board may seek injunctive relief; retain counsel
    (a) Whenever it appears to the Board that any person, firm or corporation is violating any of the provisions of this Article or of...
  • N.C. Gen. Stat. § 87-62.   Only one person in partnership or corporation need have license
    (a) A corporation or partnership may engage in the business of refrigeration contracting if one or more persons connected with the corporation or partnership...
  • N.C. Gen. Stat. § 87-63.   License fees payable in advance; application of
    All license fees shall be paid in advance as hereafter provided to the secretary and treasurer of the Board and by him held as...
  • N.C. Gen. Stat. § 87-63.1.   Ownership of real property; equipment; liability insurance
    (a) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as...
  • N.C. Gen. Stat. § 87-64.   Examination and license fees; annual renewal
    Each applicant for a license by examination shall pay to the Board of Refrigeration Examiners a nonrefundable examination fee in an amount not to...
  • N.C. Gen. Stat. § 87-64.1.   Public awareness program
    The Board shall establish and implement a public awareness program to inform the general public of the purpose and function of the Board. (1979,...

Article 6 - Water Well Contractors.

  • N.C. Gen. Stat. § 87-65 through 87-82.   Repealed by Session Laws 1977, c. 712, s. 2

Article 7 - North Carolina Well Construction Act.

  • N.C. Gen. Stat. § 87-83.   Short title
    This Article shall be known and may be cited as the North Carolina Well Construction Act. (1967, c. 1157, s. 1.)
  • N.C. Gen. Stat. § 87-84.   Findings and policy
    The General Assembly of North Carolina finds that improperly constructed, operated, maintained, or abandoned wells can adversely affect the public health and the groundwater...
  • N.C. Gen. Stat. § 87-85.   Definitions
    As used in this Article, unless the context otherwise requires: (1) "Abandoned well" means a well whose use has been discontinued, or which is...
  • N.C. Gen. Stat. § 87-86.   Scope
    No person shall construct, operate, repair, or abandon, or cause to be constructed, operated, repaired, or abandoned, any well, nor shall any person install,...
  • N.C. Gen. Stat. § 87-87.   Authority to adopt rules, regulations, and procedures
    The Environmental Management Commission shall adopt rules governing the location, construction, repair, and abandonment of wells, the operation of water wells or well systems...
  • N.C. Gen. Stat. § 87-88.   General standards and requirements
    (a) Prior Permission. - Prior permission shall be obtained from the Environmental Management Commission for the construction of (i) any water well or of...
  • N.C. Gen. Stat. § 87-89.   Existing installations
    No well or pump installation in existence and in use on July 6, 1967, shall be required to conform to provisions of subsection (a)...
  • N.C. Gen. Stat. § 87-90.   Rights of investigation, entry, access and inspection
    The Environmental Management Commission or Department shall have the right to conduct such investigations as it may reasonably find necessary to carry on its...
  • N.C. Gen. Stat. § 87-91.   Notice of violation; remedial action order
    (a) Whenever the Environmental Management Commission has reasonable grounds to believe that there has been a violation of this Article or any rule adopted...
  • N.C. Gen. Stat. § 87-92.   Hearings; appeals
    Any person wishing to contest a penalty, permit decision, or other order issued under this Article shall be entitled to an administrative hearing and...
  • N.C. Gen. Stat. § 87-93.   Repealed by Session Laws 1985, c. 728, s. 2
  • N.C. Gen. Stat. § 87-94.   Civil penalties
    (a) Any person who violates any provision of this Article, Article 7A of this Chapter, any order issued pursuant thereto, or any rule adopted...
  • N.C. Gen. Stat. § 87-95.   Injunctive relief
    Upon violation of any of the provisions of or any order issued pursuant to this Article, or duly adopted rule of the Commission implementing...
  • N.C. Gen. Stat. § 87-96.   Conflict with other laws
    (a) The provisions of any law, rule, or local ordinance which establish standards affording greater protection to groundwater resources or public health, safety, or...
  • N.C. Gen. Stat. § 87-97.   Permitting, inspection, and testing of private drinking water wells
    (a) Mandatory Local Well Programs. - Each county, through the local health department that serves the county, shall implement a private drinking water well...
  • N.C. Gen. Stat. § 87-98.   Bernard Allen Memorial Emergency Drinking Water Fund
    (a) The Bernard Allen Memorial Emergency Drinking Water Fund is established under the control and direction of the Department. The Fund shall be a...

Article 7A - Well Contractors Certification.

  • N.C. Gen. Stat. § 87-98.1.   Title
    This Article may be cited as the North Carolina Well Contractors Certification Act. (1997-358, s. 2.)
  • N.C. Gen. Stat. § 87-98.2.   Definitions
    The definitions in G.S. 87-85 and the following definitions apply in this Article: (1) Commission. - The Well Contractors Certification Commission, as established by...
  • N.C. Gen. Stat. § 87-98.3.   Purpose
    It is the purpose of this Article to protect the public health and safety by ensuring the integrity and competence of well contractors, to...
  • N.C. Gen. Stat. § 87-98.4.   Well contractor certification required; exemptions
    (a) Certification Required. - No person shall perform, manage, or supervise any well contractor activity without being certified under this Article. A person who...
  • N.C. Gen. Stat. § 87-98.5.   Types of certification; sole certification
    The Commission, with the advice and assistance of the Secretary, shall establish the appropriate types of certification for well contractors. Each certification type established...
  • N.C. Gen. Stat. § 87-98.6.   Well contractor qualifications and examination
    The Commission, with the advice and assistance of the Secretary, shall establish minimum requirements of education, experience, and knowledge for each type of certification...
  • N.C. Gen. Stat. § 87-98.7.   Issuance and renewal of certificates; temporary certification; refusal to issue a certificate
    (a) Issuance. - An applicant, upon satisfactorily meeting the appropriate requirements, shall be certified to perform in the capacity of a well contractor and...
  • N.C. Gen. Stat. § 87-98.8.   Disciplinary actions
    The Commission may issue a written reprimand to a well contractor or, in accordance with the provisions of Article 3A of Chapter 150B of...
  • N.C. Gen. Stat. § 87-98.9.   Fees; Well Construction Fund
    (a) Fees. - The Commission may set a fee for certification by examination, an annual fee for certification renewal, and a fee for temporary...
  • N.C. Gen. Stat. § 87-98.10.   Promotion of training
    The Commission and the Secretary may provide training for well contractors and cooperate with educational institutions and private and public associations, persons, or corporations...
  • N.C. Gen. Stat. § 87-98.11.   Responsibilities of well contractors
    All persons receiving certification under this Article to perform well contractor activities in this State shall be responsible for complying with all statutes, rules,...
  • N.C. Gen. Stat. § 87-98.12.   Continuing education requirements
    In order to continue to be certified under this Article, a well contractor shall satisfactorily complete the number of hours of approved continuing education...
  • N.C. Gen. Stat. § 87-98.13.   Injunctive relief
    Upon violation of this Article, a rule adopted under this Article, or an order issued under this Article, the Secretary may, either before or...
  • N.C. Gen. Stat. § 87-99.   Reserved for future codification purposes

Article 8 - Underground Damage Prevention.

  • N.C. Gen. Stat. § 87-100.   (Repealed effective October 1, 2014 - see note) Short title
  • N.C. Gen. Stat. § 87-101.   (Repealed effective October 1, 2014 - see note) Definitions
  • N.C. Gen. Stat. § 87-102.   (Repealed effective October 1, 2014 - see note) Notice required prior to excavation
  • N.C. Gen. Stat. § 87-103.   (Repealed effective October 1, 2014 - see note) Effect of permit on liability
  • N.C. Gen. Stat. § 87-104.   (Repealed effective October 1, 2014 - see note) Requirements of person doing excavation
  • N.C. Gen. Stat. § 87-105.   (Repealed effective October 1, 2014 - see note) Requirements of the person financially responsible for the excavation
  • N.C. Gen. Stat. § 87-106.   (Repealed effective October 1, 2014 - see note) Exceptions
  • N.C. Gen. Stat. § 87-107.   (Repealed effective October 1, 2014 - see note) Duties of the utility owners
  • N.C. Gen. Stat. § 87-107.1.   (Repealed effective October 1, 2014 - see note) Surveyor requests; notice required; duties of utility owners; exceptions
  • N.C. Gen. Stat. § 87-108.   (Repealed effective October 1, 2014 - see note) Absence of utility location
  • N.C. Gen. Stat. § 87-109.   (Repealed effective October 1, 2014 - see note) Recording requirements for associations
  • N.C. Gen. Stat. § 87-110.   (Repealed effective October 1, 2014 - see note) Recording requirements for utility owners
  • N.C. Gen. Stat. § 87-111.   (Repealed effective October 1, 2014 - see note) Recorded information filed with inspection departments
  • N.C. Gen. Stat. § 87-112.   (Repealed effective October 1, 2014 - see note) Color-coding
  • N.C. Gen. Stat. § 87-113.   (Repealed effective October 1, 2014 - see note) Notification required when damage done
  • N.C. Gen. Stat. § 87-114.   (Repealed effective October 1, 2014 - see note) Homeowners

Article 8A - Underground Utility Safety and Damage Prevention Act.

  • N.C. Gen. Stat. § 87-115.   (Effective October 1, 2014) Short title
    This Article may be cited as the "Underground Utility Safety and Damage Prevention Act." (2013-407, s. 2.)
  • N.C. Gen. Stat. § 87-116.   (Effective October 1, 2014) Declaration of policy and purpose
    The General Assembly of North Carolina hereby declares as a matter of public policy that it is necessary to protect the citizens and workforce...
  • N.C. Gen. Stat. § 87-117.   (Effective October 1, 2014) Definitions
    The following definitions apply in this Article: (1) APWA. - The American Public Works Association or its successors. (2) Business continuation plan. - A...
  • N.C. Gen. Stat. § 87-118.   (Effective October 1, 2014) Reserve to the State the power to regulate
    The provisions in this Article supersede and preempt any ordinance adopted by a city or county that purports to do any of the following:...
  • N.C. Gen. Stat. § 87-119.   (Effective October 1, 2014) Costs associated with compliance; effect of permit
    Any costs or expenses associated with an excavator's compliance with the requirements of this Article shall not be charged to any operator. Any costs...
  • N.C. Gen. Stat. § 87-120.   (Effective October 1, 2014) Notification Center; responsibilities
    (a) The operators in the State shall maintain a Notification Center for the sole purpose of providing the services required by this Article. The...
  • N.C. Gen. Stat. § 87-121.   (Effective October 1, 2014) Facility operator responsibilities
    (a) An operator shall provide to the excavator the following: (1) The horizontal location and description of all of the operator's facilities in the...
  • N.C. Gen. Stat. § 87-122.   (Effective October 1, 2014) Excavator responsibilities
    (a) Before commencing any excavation or demolition operation, the person responsible for the excavation or demolition shall provide or cause to be provided notice...
  • N.C. Gen. Stat. § 87-123.   (Effective October 1, 2014) Training
    (a) Every person who is an excavator, locator, or operator under this Article by virtue of engaging in these activities in the course of...
  • N.C. Gen. Stat. § 87-124.   (Effective October 1, 2014) Exemptions
    The notice requirements in G.S. 87-122(a) and G.S. 87-122(b) do not apply to the following: (1) An excavation or demolition performed by the owner...
  • N.C. Gen. Stat. § 87-125.   (Effective October 1, 2014) Notice in case of emergency excavation or demolition
    (a) An excavator performing an emergency excavation or demolition is not required to give notice to the Notification Center as provided in G.S. 87-122....
  • N.C. Gen. Stat. § 87-126.   (Effective October 1, 2014) Notification required when damage is done
    (a) The excavator performing an excavation or demolition that results in any damage to a facility shall immediately upon discovery of the damage notify...
  • N.C. Gen. Stat. § 87-127.   (Effective October 1, 2014) Design notices
    (a) A designer may submit a design notice to the Notification Center. The design notice shall describe the tract or parcel of land for...
  • N.C. Gen. Stat. § 87-128.   (Effective October 1, 2014) Absence of facility location
    If an operator who has been given notice as provided in G.S. 87-120(d) by the Notification Center fails to respond to that notice as...
  • N.C. Gen. Stat. § 87-129.   (Effective October 1, 2014) Underground Damage Prevention Review Board; enforcement; civil penalties
    (a) The Notification Center shall establish an Underground Damage Prevention Review Board to review reports of alleged violations of this Article. The members of...
  • N.C. Gen. Stat. § 87-130.   (Effective October 1, 2014) Severability
    If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other...

Last modified: March 23, 2014