SECTION .0200 ‑ LICENSING REQUIREMENTS

21 NCAC 12A .0201         DEFINITIONS

The following definitions shall apply to the Rules in this Chapter:

(1)           Completion: As used in G.S. 87-1(b), "completion" occurs upon issuance of a certificate of occupancy by the permitting authority with jurisdiction over the project.

(2)           Cost of the undertaking: As used in G.S. 87-1(a), "cost of the undertaking" means the final price of a project, excluding the cost of land, as evidenced by the contract and any subsequent amendments, or in the absence of a contract, permit records, invoices, and cancelled checks.

(3)           Misconduct: As used in G.S. 87-11, "misconduct" includes allowing an unlicensed person or entity to use a license or examination credential on an undertaking where a license is required. Misconduct also includes allowing a licensed person or entity to use a license or examination credential on an undertaking for which the user does not hold proper classification or limitation. Misconduct also includes dishonest or fraudulent conduct by a qualifier related to the attendance of a continuing education class described in G.S. 87-10.2.

(4)           Personally: As used in G.S. 87-14(a)(1), "personally" means the physical presence of the owner of the property and excludes the use of a power of attorney.

(5)           Solely for occupancy: As used in G.S. 87-1(b), "solely for occupancy" is restricted to the family of a person, the officers and shareholders of a firm or corporation, and guests and social invitees where no consideration is received. For purposes of G.S. 87-1(b)(2), "family" is defined as a spouse or other family member living in the same household.

(6)           Value: As used in G.S. 87-10(a1), "value" means the same as "cost of the undertaking."

History Note:        Authority G.S. G.S. 87-1, 87-10, 87-10.2, and 87-14;

Eff. February 1, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. January 1, 1983;

Repealed Eff. May 1, 1989;

Codifier approved agency's waiver request to reuse rule number;

Eff. September 1, 2019;

Recodified from 21 NCAC 12 .0201 Eff. January 2, 2020;

Amended Eff. July 1, 2021.