This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 25 ● ISSUE 18 ● Pages 2150 - 2196
March 15, 2011
I. EXECUTIVE ORDERS
Executive Order No. 82 ...................................................................................... 2150 – 2151
II. IN ADDITION
DENR – Division of Water Quality, Pesticide Public Notice ............................. 2152
Elections, Board of, Advisory Opinion .............................................................. 2153 – 2155
III. PROPOSED RULES
Commerce, Department of
Alcoholic Beverage Control Commission ....................................................... 2156 – 2157
Community Colleges
Community Colleges, Board of ....................................................................... 2180 – 2182
Environment and Natural Resources, Department of
Wildlife Resources Commission ..................................................................... 2173 – 2177
Insurance, Department of
Insurance, Commissioner of............................................................................ 2157 – 2159
Labor, Department of
Department ...................................................................................................... 2159 – 2173
Occupational Licensing Boards and Commissions
Cosmetic Art Examiners, Board of ................................................................. 2177 – 2178
Massage and Bodywork Therapy, Board of .................................................... 2178 – 2179
Pharmacy, Board of ......................................................................................... 2179 – 2180
State Personnel, Office of
State Personnel Commission ........................................................................... 2182 – 2184
IV. RULES REVIEW COMMISSION ................................................................. 2185 – 2189
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 2190 – 2196
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000
Fax (919) 431-3104
Julian Mann, III, Director
Camille Winston, Deputy Director
Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Julie Edwards, Editorial Assistant
Tammara Chalmers, Editorial Assistant
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
Contact: Anca Grozav, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4740
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
Governor’s Review
Edwin M. Speas, Jr. edwin.speas@nc.gov
General Counsel to the Governor (919) 733-5811
116 West Jones Street
20301 Mail Service Center
Raleigh, North Carolina 27699-0301
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney Karen.cochrane-brown@ncleg.net
Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2011 – December 2011
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
25:13 01/03/11 12/08/10 01/18/11 03/04/11 03/21/11 05/01/11 05/2012 09/30/11
25:14 01/18/11 12/22/10 02/02/11 03/21/11 03/21/11 05/01/11 05/2012 10/15/11
25:15 02/01/11 01/10/11 02/16/11 04/04/11 04/20/11 06/01/11 05/2012 10/29/11
25:16 02/15/11 01/25/11 03/02/11 04/18/11 04/20/11 06/01/11 05/2012 11/12/11
25:17 03/01/11 02/08/11 03/16/11 05/02/11 05/20/11 07/01/11 05/2012 11/26/11
25:18 03/15/11 02/22/11 03/30/11 05/16/11 05/20/11 07/01/11 05/2012 12/10/11
25:19 04/01/11 03/11/11 04/16/11 05/31/11 06/20/11 08/01/11 05/2012 12/27/11
25:20 04/15/11 03/25/11 04/30/11 06/14/11 06/20/11 08/01/11 05/2012 01/10/12
25:21 05/02/11 04/08/11 05/17/11 07/01/11 07/20/11 09/01/11 05/2012 01/27/12
25:22 05/16/11 04/25/11 05/31/11 07/15/11 07/20/11 09/01/11 05/2012 02/10/12
25:23 06/01/11 05/10/11 06/16/11 08/01/11 08/22/11 10/01/11 05/2012 02/26/12
25:24 06/15/11 05/24/11 06/30/11 08/15/11 08/22/11 10/01/11 05/2012 03/11/12
26:01 07/01/11 06/10/11 07/16/11 08/30/11 09/20/11 11/01/11 05/2012 03/27/12
26:02 07/15/11 06/23/11 07/30/11 09/13/11 09/20/11 11/01/11 05/2012 04/10/12
26:03 08/01/11 07/11/11 08/16/11 09/30/11 10/20/11 12/01/11 05/2012 04/27/12
26:04 08/15/11 07/25/11 08/30/11 10/14/11 10/20/11 12/01/11 05/2012 05/11/12
26:05 09/01/11 08/11/11 09/16/11 10/31/11 11/21/11 01/01/12 05/2012 05/28/12
26:06 09/15/11 08/24/11 09/30/11 11/14/11 11/21/11 01/01/12 05/2012 06/11/12
26:07 10/03/11 09/12/11 10/18/11 12/02/11 12/20/11 02/01/12 05/2012 06/29/12
26:08 10/17/11 09/26/11 11/01/11 12/16/11 12/20/11 02/01/12 05/2012 07/13/12
26:09 11/01/11 10/11/11 11/16/11 01/03/12 01/20/12 03/01/12 05/2012 07/28/12
26:10 11/15/11 10/24/11 11/30/11 01/17/12 01/20/12 03/01/12 05/2012 08/11/12
26:11 12/01/11 11/07/11 12/16/11 01/30/12 02/20/12 04/01/12 05/2012 08/27/12
26:12 12/15/11 11/22/11 12/30/11 02/13/12 02/20/12 04/01/12 05/2012 09/10/12
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2150
EXECUTIVE ORDERS
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2151
IN ADDITION
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2152
Department of Environment and Natural Resources/Division of Water Quality
Pesticide Public Notice
The North Carolina Division of Water Quality intends to issue a New National Pollutant Discharge Elimination General Permit NCG
560000 for the Application of Pesticides as required by Federal appeals court ruling. The draft documents will be available on the
web at http://portal.ncdenr.org/web/wq/swp/ps/npdes/calender. Persons wishing to comment on the draft may do so until March 24,
2011. Additionally there will be a Public Hearing on the permit on March 21, 2011 at 6:00 pm at the Pitt County Cooperative
Extension Center Auditorium, 403 Government Circle, Greenville, NC 27834. Comments can be sent to Division of Water Quality,
Attn: Jeff Poupart, 1617 Mail Service Center Raleigh, 27699-1617, Telephone (919) 807-6309. Jeff.poupart@ncdenr.gov. Please be
advised that the permit as drafted covers pesticide applications for the following activities in or near Waters of the State: 1. Mosquito
control (adulticide), 2. Weed and algae control, 3. Aquatic nuisance animal control, 4. Forest canopy, and 5. Utility easement
vegetation control. It exempts pesticide applications to crops.
IN ADDITION
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2153
IN ADDITION
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2154
IN ADDITION
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2155
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2156
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 04 – DEPARTMENT OF COMMERCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Alcoholic Beverage Control Commission intends to adopt the
rules cited as 04 NCAC 02R .2001-.2003.
Proposed Effective Date: July 1, 2011
Public Hearing:
Date: April 14, 2011
Time: 10:00 a.m.
Location: ABC Commission Offices, 400 East Tryon Road,
Raleigh, NC 27610
Reason for Proposed Action: Due to new legislation in the
2010 General Assembly, new rules are needed.
Procedure by which a person can object to the agency on a
proposed rule: Interested persons may present oral or written
comments at the Rule-Making hearing. In addition, the record
will be open for receipt of written comments from March 15,
2011 to May 16, 2011. Written comments not presented at the
hearing should be directed to Robert Hamilton. The proposed
rules are available for public inspection and copies may be
obtained at the Commission's office at: 400 East Tryon Road,
Raleigh, NC 27610.
Comments may be submitted to: Robert A. Hamilton, 4307
Mail Service Center, Raleigh, NC 27699-4307, phone (919)779-
0700 ext. 436, email bob@adminrule.com
Comment period ends: May 16, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 02 - ALCOHOLIC BEVERAGE CONTROL
COMMISSION
SUBCHAPTER 02R - ORGANIZATIONAL RULES:
POLICIES AND PROCEDURES
SECTION .2000 – LOCAL BOARD TRAINING
04 NCAC 02R .2001 LOCAL BOARD MEMBERS AND
EMPLOYEES
(a) All board members, finance officers and general managers
of local boards shall complete a Commission training course for
local boards within three months of this Rule's effective date.
Completion of a Commission training course for local boards
prior to the effective date of this Rule is acceptable. Thereafter:
(1) All board members shall complete a
Commission training course for local boards
within 12 months of their initial appointment.
All board members shall complete a
Commission training course for local boards
within 12 months of any subsequent
appointment.
(2) All finance officers and general managers shall
complete a Commission training course for
local boards within 12 months of their initial
employment.
(3) All finance officers and general managers shall
complete a Commission training course for
local boards every three years that they are
employed by a local board.
(b) Non-Commission training courses are not acceptable forms
of training and do not meet the requirements of this Rule.
(c) Board members, finance officers and general managers of
local boards that do not meet the requirements of this Section are
subject to removal by the Commission as referenced by G.S.
18B-704(c)(iii).
Authority G.S. 18B-100; 18B-203(a)(21); 18B-701(b); 18B-
704(c)(iii); 18B-706(b).
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2157
04 NCAC 02R .2002 LOCAL BOARD TRAINING
COURSES
All Commission training courses for local boards shall consist of
two hours of ethics as a subject matter and no more than two
hours of other subject matter.
Authority G.S. 18B-100; 18B-203(a)(21); 18B-701(b); 18B-
704(c)(iii); 18B-706(b).
04 NCAC 02R .2003 PARTICIPATION STANDARDS
AND ATTENDANCE REQUIREMENTS
(a) Instructors shall require that participants comply with the
following participation standards:
(1) Attendees shall direct their attention to the
instruction being provided and refrain from
engaging in activities unrelated to the
instruction.
(2) Attendees shall refrain from engaging in any
activities which are distracting to other
participants or the instructor, or which
otherwise disrupt the orderly conduct of a
class.
(b) Instructors may dismiss from a training course any attendee
who fails to comply with the participation standards prescribed
in Paragraph (a) of this Rule.
(c) Instructors shall not issue a training course completion
certificate to any attendee who fails to comply with the
participation standards set forth in Paragraph (a) of this Rule, nor
shall instructors include the name of such attendee on their
reports verifying completion of a training course. Instructors
shall submit to the Commission with their reports for the training
course a written statement which includes the name of the
attendee and the name of the attendee's local board for whom the
instructor does not report course credit, details concerning the
attendee's failure to comply with the participation standards, and
names of other persons in attendance at the class who witnessed
the attendee's conduct.
(d) Attendees must complete at least 90 percent of a
Commission local board training course to be issued a local
board training course completion certificate. Attendees shall not
be admitted to a scheduled local board training course after 10
percent of the allotted time has elapsed. Instructors may not
make any exceptions to the attendance requirement.
Authority G.S. 18B-100; 18B-203(a)(21); 18B-701(b); 18B-
704(c)(iii); 18B-706(b).
TITLE 11 – DEPARTMENT OF INSURANCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commissioner of Insurance intends to amend the rules citied
as 11 NCAC 16 .0101, .0501, .0503 and repeal the rules cited as
11 NCAC 16 .0102, .0104.
Proposed Effective Date: July 1, 2011
Public Hearing:
Date: April 1, 2011
Time: 10:00 a.m.
Location: 430 N. Salisbury Street, Raleigh, NC 3rd Floor
Conference Room
Reason for Proposed Action:
11 NCAC 16 .0101 – to be amended in lieu of rules 16 .0102 &
.0104 being repealed.
11 NCAC 16 .0102 – is being repealed because that same data
is currently available from the NAIC database – this regulation
is no longer needed.
11 NCAC 16 .0104 – is no longer necessary because the date
requested provides no useful information to the Department, the
state legislature or the public; the data requested goes well
beyond the data requested in the statute cited.
11 NCAC 16 .0501 – is amended because the statute refers to a
minimum loss ratio and does not state anything about a
maximum rate. Therefore the maximum rates is not legally
proper. The insurance industry would become free to use any
actuarially supported rate, b/c there would no longer be a
maximum. However, their loss ratio results would be required
to meet a minimum loss ratio which represents the original
intention of the statute.
11 NCAC 16 .0503 - The proposed amendment to 16.0503 is
necessary as a result of the proposed change to 16.0501
(deleting the single premium rate) then the current language in
16.0503 would become unnecessary and obsolete.
Procedure by which a person can object to the agency on a
proposed rule: The Department of Insurance will accept
written objections to this rule until the expiration of the comment
period on May 16, 2011
Comments may be submitted to: Karen E. Waddell, 1201
Mail Service Center, Raleigh, NC 27699-1201, phone (919)733-
4529, fax (919)733-6495, email karen.waddell@ncdoi.gov
Comment period ends: May 16, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2158
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 16 - ACTUARIAL SERVICES DIVISION
SECTION .0100 - FIRE AND CASUALTY STATISTICAL
DATA
11 NCAC 16 .0101 APPLICABILITY
The following Rules describe certain statistical data that shall be
submitted to the Actuarial Services Division on a regular basis.
(1) 11 NCAC 16 .0102 applies to all fire and
casualty companies licensed or approved to do
business in North Carolina.
(2)(1) 11 NCAC 16 .0103 applies to all companies
that write North Carolina nonfleet private
passenger automobile insurance and to all
statistical organizations that collect data
relating to that line of insurance.
(3) 11 NCAC 16 .0104 applies to all companies
that write North Carolina professional liability
insurance and all North Carolina self-insurers
of professional liability exposures.
(4)(2) 11 NCAC 16 .0105 applies to all companies
that provide professional liability insurance to
more than two percent of the insured
physicians and surgeons in North Carolina.
(5)(3) 11 NCAC 16 .0106 applies to all companies
that write North Carolina credit property
insurance.
(6)(4) 11 NCAC 16 .0107 applies to all companies
that write North Carolina nonfiling insurance.
Authority G.S. 58-2-40(1); 58-2-190.
11 NCAC 16 .0102 LOSS RESERVES
After a company is licensed, approved, or registered to do
business in North Carolina and it is deemed necessary for data
collection purposes, the Actuarial Services Division will mail to
the company forms, instructions, and a diskette so that the
company can complete the requested items involving loss
reserve information from the list described in this Rule. The
company will have two months from the receipt of the request to
comply. (Note: Companies that are part of a group pooling
arrangement may submit consolidated information.)
(1) The reproduction on diskette of the following
portions of Schedules O and P of the
company's Annual Statements for the years
1981-1988 or for those years during that
period when the company was in operation:
(a) Schedule O, Parts 3, 4, and 5;
(b) Schedule P, Parts 1A through 1F.
(2) The reproduction on diskette of Schedule P,
Parts 1A through 1Q of the company's Annual
Statements for the years 1989 and subsequent
or for those years during that period when the
company was in operation.
(3) The completion of a series of interrogatories
concerning the company's loss reserving
practices.
Authority G.S. 58-2-40; 58-2-190.
11 NCAC 16 .0104 PROFESSIONAL LIABILITY
INSURANCE
To fulfill the requirements of G.S. 58-2-170, every insurer,
self-insurer, and risk retention group that provides professional
liability insurance in North Carolina shall complete annually a
Professional Liability Report form. This form is contained on a
diskette that is mailed in the early part of each year (applicable
to the prior year) by the Actuarial Services Division. Unless
otherwise specified, an automatic extension of three months will
be granted, making the report due on May 1. Individual
companies shall supply the information described in this Rule on
both a net and a direct basis. (Note: All licensed insurers,
approved surplus lines carriers, and registered risk retention
groups that do not insure any professional liability exposures in
North Carolina shall submit a statement to that effect, which will
be kept in the Department's files. If subsequently such a
company begins to insure such exposures, it shall notify the
Department within 30 days of this change. All self-insurers of
professional liability exposures must notify the Department of
their status as self-insurers in a letter to the Actuarial Services
Division.)
(1) Number of claims pending at the beginning of
the year;
(2) Number of claims pending at the end of the
year;
(3) Claims closed with payment (after court
judgment, other, and total);
(4) Claims closed without payment (after court
judgment, other, and total);
(5) Amount of claims closed with payment of
court judgment (highest, lowest, average,
median);
(6) Amount of claims closed with payment of out
of court settlement (highest, lowest, average,
median);
(7) Total payments made prior to the latest year on
claims closed in that year;
(8) Total payments made in the latest year on
claims pending at the end of that year;
(9) Average loss reserve per claim pending at the
beginning of the year and at the end of the year
(case reserve, IBNR reserve, total);
(10) Direct premium written and earned;
(11) Allocated loss adjustment expenses paid,
unallocated loss adjustment expenses paid, and
other underwriting expenses paid;
(12) Average loss reserve per claim pending at the
beginning of the year and at the end of the year
(case allocated reserve, IBNR allocated
reserve, unallocated reserve, total).
Authority G.S. 58-2-170; 58-2-190.
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2159
SECTION .0500 - CREDIT UNEMPLOYMENT
MINIMUM LOSS RATIO STANDARD
11 NCAC 16 .0501 MINIMUM INCURRED LOSS
RATIO; ALTERNATE MAXIMUM RATE
(a) The premium rates charged for credit unemployment
insurance shall be reasonable in relation to the benefits provided
as indicated by a minimum annual incurred loss ratio of 60%.
(b) In lieu of the minimum ratio in Paragraph (a) of this Rule, a
single premium rate that does not exceed two dollars and ten
cents ($2.10) per one hundred dollars ($100.00) of initial insured
indebtedness per year for credit unemployment insurance is
reasonable in relation to the benefits provided.
Authority G.S. 58-2-40; 58-57-70; 58-57-110(a).
11 NCAC 16 .0503 GENERAL SUBMISSION
REQUIREMENTS
(a) All credit unemployment minimum incurred loss ratio
compliance demonstrations shall be submitted to and stamped
received by the Life and Health Division. All submitted
demonstrations shall be submitted no later than March 31, of
each calendar year, to become effective during the calendar year
of submission, with the exception of submitted demonstrations
for use in calendar years 1994 through 1996.
(b) All experience used in the demonstration of compliance
shall only be North Carolina experience.
(c) All compliance demonstrations shall be submitted, in
accordance with this Rule, to the Life and Health Division each
succeeding year for reevaluation.
(d) Demonstration of compliance, as specified in this Rule, shall
not be effective until January 1, 1997, when using a rate other
than the monthly outstanding balance rate prescribed in Rule
.0501 of this Section. Compliance with this Rule for calendar
years 1994 through 1996 shall be satisfied by the submission of
an actuarial memorandum, by a qualified actuary, demonstrating
that the submitted credit unemployment insurance rates for
calendar years 1994 through 1996 are expected to produce at
least a 60% incurred loss ratio.
(e) Use of the single premium rate prescribed in Rule .0501 of
this Section does not require a demonstration of compliance as
stated in Paragraph (d) of this Rule.
(f)(d) The following information shall be submitted in regards
to the qualified actuary:
(1) Name of the qualified actuary;
(2) Professional designations of the qualified
actuary, e.g. A.S.A., F.S.A., or M.A.A.A.;
(3) Name and address of the company or actuarial
consulting firm employing the qualified
actuary; and
(4) Telephone number (including extension) of the
qualified actuary.
(g)(e) The qualified actuary shall include in the credit
unemployment rate request a written statement certifying the
following:
(1) That the qualified actuary (Name of qualified
actuary) has reviewed Rules .0501 through
.0504 of this Section;
(2) That the qualified actuary certifies that all
submitted calculations and data preparation are
in conformity with Rules .0501 through .0504
of this Section; and
(3) All data submitted are accurate and in
conformity with Rule .0502 of this Section.
Authority G.S. 58-2-40; 58-57-70; 58-57-110(a).
TITLE 13 – DEPARTMENT OF LABOR
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Labor intends to adopt the rule cited as 13
NCAC 13 .0214 and amend the rules cited as 13 NCAC 13
.0101, .0103, .0202-.0204, .0208-.0209, .0211-.0212, .0301,
.0401, .0404, .0406, .0408-.0412.
Proposed Effective Date: July 1, 2011
Public Hearing:
Date: March 31, 2011
Time: 10:00 a.m.
Location: 4 W. Edenton Street, 2nd Floor, Room 205, Raleigh,
NC 27601
Reason for Proposed Action: Pursuant to G.S. 95-69.14, the
Commissioner of Labor may, after consultation with the Board
of Boiler and Pressure Vessels Rules, adopt, modify, or revoke
any rules and regulations governing the construction,
installation, repair, alteration, inspection, use, and operation of
boilers and pressure vessels as the Commissioner deems
appropriate to ensure the safe operation and avoidance of injury
to person or property from boilers and pressure vessels. The
Board of Boiler and Pressure Vessels Rules last met on June 10,
2010 and as a result of that meeting are proposing the above
referenced changes Title 13, Chapter 13 of the NC
Administrative Code. In addition to ensuring the safety of
citizens in North Carolina, the referenced modifications and
adoptions are necessary in order to ensure that the
administrative rules governing boiler and pressure vessels in
North Carolina conform as nearly as possible to the standards
of the National Board Inspection Code, the American Society of
Mechanical Engineers and the amendments and interpretations
of those engineering standards.
Procedure by which a person can object to the agency on a
proposed rule: Objections to the proposed rules may be
submitted, in writing, to Erin T. Gould, Assistant Rulemaking
Coordinator, via United States mail at the following address:
1101 Mail Service Center, Raleigh, NC 27699-1101; or via
facsimile at (919) 733-4235. Objections may also be submitted
during the public hearing conducted on the proposed adoption
and amendments. Objections shall include the specific rule
citation(s) for the objectionable rule(s), the nature of the
objection(s), and the complete name(s) and contact information
for the individual(s) submitting the objection. Objections must
be received by 5:00 p.m. on May 16, 2011.
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2160
Comments may be submitted to: Erin T. Gould, Assistant
Rulemaking Coordinator, 1101 Mail Service Center, Raleigh,
NC 27699-1101; phone (919) 733-7885; fax (919) 733-4235;
email erin.gould@labor.nc.gov
Comment period ends: May 16, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 13 - BOILER AND PRESSURE VESSEL
SECTION .0100 - DEFINITIONS
13 NCAC 13 .0101 DEFINITIONS
The following definitions apply throughout the rules in this
Chapter, and shall be construed as controlling in case of any
conflict with the definitions contained in any other standard or
code:
(1) "Accepted Design and Construction Code"
means the Boiler and Pressure Vessel Code of
the American Society of Mechanical
Engineers (ASME Code), or a comparable
code with standards that the Chief Inspector
determines to be as safe as the ASME Code.
(2) "Appurtenance" means any control, fitting,
appliance or device attached to or working in
conjunction with the boiler proper or pressure
vessel.
(3) "ASME Code" means the Boiler and Pressure
Vessel Code of the American Society of
Mechanical Engineers.
(4) "Audit" means activities, other than those
identified as certificate inspections, conducted
by the Chief Inspector or his designee. These
activities include, in part:
(a) reviews and surveys for ASME and
National Board stamp issuance and
renewal;
(b) audits conducted on an authorized
inspector at the location of a
manufacturer or repair organization
as may be required by the ASME
Code, National Board Inspection
Code, or National Board Rules for
Commissioned Inspectors; and
(c) audits pursuant to evaluation for the
issuance of North Carolina Specials.
(5) "Automatically fired boiler" means a boiler
that cycles automatically in response to a
control system and which does not require a
constant attendant for the purpose of
introducing fuel into the combustion chamber
or to control electrical input.
(6) "Authorized Inspection Agency" means an
organization employing commissioned
inspectors including the following:
(a) the Department of Labor, Boiler
Safety Bureau;
(b) an inspection agency of an insurance
company licensed to write boiler and
pressure vessel insurance; or
(c) an owner-user inspection agency that
meets the requirements of G.S. 95-
69.15.
(7) "Authorized inspector" means an employee of
an Authorized Inspection Agency who is
commissioned by the National Board and this
State, holds an appropriate endorsement on
his/her National Board Commission, and
inspects as the third party inspector in ASME
Code manufacturing facilities.
(8) "Boiler", as defined in G.S. 95-69.9(b),
includes the following types of boilers:
(a) "Exhibition boiler" means a historical
or antique boiler which generates
steam or hot water for the purposes of
entertaining or educating the public
or is used for demonstrations, tourist
travel or exhibitions. This term
includes steam tractors, threshers,
steam powered sawmills, and similar
usages.
(b) "High pressure boiler" means a boiler
in which steam or other vapor is
generated at a pressure of more than
15 psig, or water is heated to a
temperature greater than 250°F and a
pressure greater than 160 psig for use
external to itself. High pressure
boilers include the following:
(i) Electric boilers.
(ii) Miniature boilers.
(iii) High temperature water
boilers.
(iv) High temperature liquid
boilers (other than water).
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2161
(c) "Low pressure boiler" means a boiler
in which steam or other vapor is
generated at a pressure of not more
than 15 psig, or water is heated to a
temperature not greater than 250°F
and a pressure not greater than 160
psig, including the following:
(i) "Hot water heating boiler"
means a low pressure boiler
that supplies heated water
that is returned to the boiler
from a piping system and is
used normally for building
heat applications (hydronic
boiler).
(ii) "Hot water supply boiler"
means a low pressure boiler
that furnishes hot water to be
used externally to itself
(domestic water boiler).
(iii) "Steam heating boiler"
means a low pressure boiler
that generates steam to be
used normally for building
heat applications.
(d) "Model hobby boiler" means a boiler
which generates steam, whether
stationary or mobile, where the boiler
does not exceed 20 square feet
heating surface, a shell diameter of 16
inches, a volume of 5 cubic feet and a
pressure not exceeding 150 psig and
is used for the purpose of
entertainment or exhibiting steam
technology.
(e) "Water heater" means a closed vessel
in which water is heated by the
combustion of fuel, by electricity, or
by any other source and withdrawn
for potable use external to the system
at pressures not exceeding 160 psig
and temperatures not exceeding
210°F.
(9) "Boiler blowoff" means that system associated
with the rapid draining of boiler water to
remove concentrated solids which have
accumulated as a natural result of steam
generation. This term also applies to the
blowoff for other boiler appurtenances, such as
the low-water fuel cutoff.
(10) "Boiler proper or pressure vessel" means the
internal mechanism, shell, and heads of a
boiler or pressure vessel terminating at:
(a) the first circumferential joint for
welded end connections;
(b) the face of the first flange in bolted
flange connections; or
(c) the first threaded joint in threaded
connections.
(11) "Bureau" means the Boiler Safety Bureau of
the North Carolina Department of Labor.
(12) "Certificate inspection" means an inspection,
the report of which is used by the Chief
Inspector as justification for issuing,
withholding or revoking the inspection
certificate. The term certificate inspection also
applies to the external inspection conducted in
accordance with this Chapter whether or not a
certificate is intended to be issued as a result
of the inspection.
(13) "Certificate of competency" means the
certificate issued by the Commissioner to a
person who has passed the National Board
inspectors examination.
(14)(13) "Condemned boiler or pressure vessel" means
a boiler or pressure vessel:
(a) that has been found not to comply
with G.S. Chapter 95, Article 7A, or
this Chapter;
(b) that constitutes a menace to public
safety; and
(c) that cannot be repaired or altered so
as to comply with G.S. Chapter 95,
Article 7A, and this Chapter.
(15)(14) "Coil type watertube boiler" means a boiler
having no steam space, such as a steam drum,
whereby the heat transfer portion of the water
containing space consists only of a coil of pipe
or tubing.
(16)(15) "Commissioned inspector" means an employee
of an Authorized Inspection Agency that is
commissioned by the National Board and the
State of North Carolina and who is charged
with conducting in-service inspections of
pressure equipment and inspecting repairs or
alterations to that equipment.
(16) "Defect" means any deterioration to the
pressure equipment affecting the integrity of
the pressure boundary or its supports. Defects
may be cracks corrosion, erosion, bags, bulges,
blisters, leaks, broken parts integral to the
pressure boundary such as stays, or other flaws
identified by NDE or visual inspection.
(17) "Deficiency" means any violation of the
Uniform Boiler and Pressure Vessel Act or
this Chapter or identified defects.
(17)(18) "Design criteria" means accepted design and
construction code requirements relating to the
mode of design and construction of a boiler or
pressure vessel.
(18)(19) "External inspection" means an inspection of
the external surfaces and appurtenances of a
boiler or pressure vessel. An external
inspection may entail the "shutting down" of a
boiler or pressure vessel while it is in
operation, including inspection of internal
surfaces, if the inspector determines this action
is warranted.
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2162
(19)(20) "Hydropneumatic storage tank" means a
pressure vessel used for storage of water at
ambient temperature not to exceed 120°F and
where a cushion of air is contained within the
vessel.
(20)(21) "Imminent danger" means any condition or
practice in any location that a boiler or
pressure vessel is being operated which is such
that a danger exists, and which could
reasonably be expected to cause death or
serious physical harm immediately if the
condition is not abated.
(21)(22) "Insurance inspector" means the special
inspector employed by an insurance company,
and holding a valid North Carolina
Commission and National Board Commission.
(22)(23) "Internal inspection" means as complete an
examination as can reasonably be made of the
internal and external surfaces and
appurtenances of a boiler or pressure vessel
while it is shut down.
(23)(24) "Maximum allowable working pressure
(MAWP)" means the maximum gauge
pressure as determined by employing the stress
values, design rules and dimensions designated
by the accepted design and construction code
or as determined by the Chief Inspector in
accordance with this Chapter.
(24)(25) "Menace to public safety" means a boiler or
pressure vessel that cannot be operated without
a risk of injury to persons and property.
(25)(26) "Miniature boiler" means a boiler which does
not exceed any of the following:
(a) 16 inch inside shell diameter;
(b) 20 square feet of heating surface
(does not apply to electrically fired
boilers);
(c) 5 cubic feet volume; and
(d) 100 psig maximum allowable
working pressure.
(26)(27) "National Board Commission" means the
commission issued by the National Board to
those individuals who have passed the
National Board commissioning examination
and have otherwise fulfilled the requirements
of the National Board Rules for Commissioned
Inspectors.
(27)(28) "National Board Inspection Code (NBIC)"
means the ANSI/NB-23 standard published by
the National Board, as adopted by the Bureau.
(29) "Nondestructive examination (NDE)" means
examination methods used to verify the
integrity of materials and welds in a
component without damaging its structure or
altering its mechanical properties. NDE may
involve surface, subsurface, and volumetric
examination. Visual inspection, x-rays, and
ultrasound are examples of NDE.
(28)(30) "Nonstandard boiler or pressure vessel"
means:
(a) high pressure boilers contracted for or
installed before December 7, 1935;
(b) heating boilers contracted for or
installed before January 1, 1951;
(c) pressure vessels contracted for or
installed before January 1, 1976;
(d) hydropneumatic storage tanks
contracted for or installed before
January 1, 1986; and
(e) boilers or pressure vessels for which
the ASME Code is not intended to
apply, other than those boilers and
pressure vessels to which the term
North Carolina Special applies.
(29)(31) "Normal working hours" means between the
hours of 6:00 AM and 6:00 PM, Monday
through Friday, except for state recognized
holidays established in 25 NCAC 01E.0901.
(30)(32) "North Carolina Commission" means the
commission issued by the Board, to holders of
a National Board Commission, authorizing
them to conduct inspections in this State.
(31)(33) "North Carolina Special" means a boiler or
pressure vessel that is not constructed under
the accepted design and construction code and
for which the owner/operator must apply for a
special inspection certificate with the Chief
Inspector.
(32)(34) "NPS" means nominal pipe size.
(33)(35) "Nuclear component" means the items in a
nuclear power plant such as pressure vessels,
piping systems, pumps, valves, and component
supports.
(34)(36) "Nuclear system" means a system comprised
of nuclear components which collectively
serve the purpose of producing and controlling
an output of thermal energy from nuclear fuel
and includes those associated systems essential
to the function and overall safety of the power
system.
(35)(37) "Operating pressure" means the pressure at
which a boiler or pressure vessel operates. It
shall not exceed the MAWP except as shown
in Section I of the ASME Code for forced flow
steam generators.
(36)(38) "Owner or user" means any person or legal
entity responsible for the operation of any
boiler or pressure vessel installed in this State.
This term also applies to a contractor, installer,
or agent of the owner or user, as applicable.
(37)(39) "Owner-user inspector" means an individual
who holds a valid North Carolina Commission
and National Board Commission and is
employed by a company operating pressure
vessels for its own use and not for resale, and
maintains an inspection program that meets the
requirements of the National Board for
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2163
periodic inspection of pressure vessels owned
or used by that company.
(38)(40) "Pressure piping" means piping including
welded piping, external to high pressure
boilers from the boiler proper to the required
valve(s).
(39)(41) "Pressure relief devices" mean the devices on
boilers and pressure vessels set to open and
relieve the pressure in the event of an over
pressurization event, and include the
following:
(a) "Non-reclosing pressure relief
device" means a pressure relief
device designed to remain open after
operation and includes a rupture disk
which is a non-reclosing pressure
relief device actuated by static
pressure upstream of the device and
designed to function by the bursting
of a pressure retaining disk.
(b) "Pressure relief valve" means a
pressure relief device that is designed
to reclose and prevent the further
flow of fluid after normal conditions
have been restored. These devices
include:
(i) "Relief valve" means an
automatic pressure relief
valve that is actuated by
static pressure upstream of
the valve which opens
further with the increase in
pressure over the opening
pressure.
(ii) "Safety relief valve" means
an automatic pressure relief
valve that is actuated by
static pressure upstream of
the valve and characterized
by full opening pop action or
by opening in proportion to
the increase in pressure over
the opening pressure.
(iii) "Safety valve" means an
automatic pressure relief
valve that is actuated by
static pressure upstream of
the valve and characterized
by full opening pop action.
(40)(42) "PSIG" means pounds per square inch gauge.
(41)(43) "Reinspection or Follow-Up Inspection"
means as complete an examination as is
necessary to verify that any repair or
corrective action required as a result of a
certificate inspection is completed.
(42)(44) "Service vehicle" means a vehicle mounted
with an air storage tank and often with other
storage tanks that have oil, grease or other
fluids. The purpose of the vehicle is to service
vehicles and equipment in the field away from
the owners shop.
(43)(45) "Shop inspection" means an inspection
conducted by an Authorized Inspector
pursuant to an inspection service agreement
whereby the fabrication process or the repair
or alteration of a boiler or pressure vessel is
observed to ensure compliance with ASME
and the National Board.
(44)(46) "Special inspection" means any inspection
conducted by a Deputy Inspector other than a
regularly scheduled inspection. Special
inspection also includes the performance of an
inspection by a Deputy Inspector which
requires that the inspector make a special trip
to meet the needs of the individual or
organization requesting the inspection,
including conducting certificate inspections
during hours other than normal working hours,
and inspection of field repairs and alterations.
(45)(47) "Special inspector" means a National Board
commissioned inspector employed by an
insurance company authorized to write boiler
and pressure vessel insurance in the state of
North Carolina.
(48) "Violation" means the failure to comply with
the requirements of the Uniform Boiler and
Pressure Vessel Act or this Chapter.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0103 INCORPORATED - STANDARDS
The following standards are incorporated by reference, including
subsequent amendments and editions of the standards. The rules
of this Chapter shall control when any conflict between these
Rules and the following standards exists.
(1) The ANSI/NB-23 National Board Inspection
Code (NBIC). (NBIC) Parts 2 and 3. Copies of
the ANSI/NB-23 National Board Inspection
Code Parts 2 and 3 are available for inspection
at the offices of the Bureau and may also be
obtained from the National Board of Boiler
and Pressure Vessel Inspectors, via U.S. Mail
at 1055 Crupper Avenue, Columbus, Ohio
43299, via telephone at (614) 888-8320, or via
the internet at www.nationalboard.org. The
cost is one-hundred and fifty dollars ($150.00)
per copy. NBIC hard copy edition (complete
set); sixty-five dollars ($65.00) for one part
only; and/or one-hundred thirty dollars
($130.00) for two parts only, plus shipping and
handling.
(2) The American Society of Mechanical
Engineers (ASME) Boiler and Pressure Vessel
Code. Copies of the complete set of the
ASME Code are available for inspection at the
offices of the Bureau and may also be obtained
from the American Society of Mechanical
Engineers, via U.S. Mail at 22 Law Drive,
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2164
P.O. Box 2300, Fairfield, New Jersey 07007-
2300, via telephone at (800) 843-2763, via
facsimile at (973) 882-1170, via email at
infocentral@asme.org, or via the internet at
www.asme.org. The cost is ten-thousand nine-hundred
dollars ($10,900.00) fourteen
thousand five hundred dollars ($14,500) per
set.
(3) The North Carolina State Building Code.
Copies of the North Carolina State Building
Code are available for inspection at the offices
of the Bureau and may also either be obtained
from the North Carolina Department of
Insurance, Office of the State Fire Marshall,
Engineering Division, Codebook Section, via
U.S. Mail walk-in at 322 Chapanoke Road,
Suite 200, Raleigh, North Carolina 27603, or
from the International Code Council via
telephone at (919) 661-5880, (800) 786-4452
or via the internet at www.ncdoi.com/OSFM/.
www.ncdoi.com/OSFM/Engineering/CodeSer
vices/engineering_codeservices_sales.asp.
The cost is fifty dollars ($50.00) one hundred
sixteen dollars ($116.00) per copy.
Authority G.S. 95-69.11; 95-69.14.
SECTION .0200 - ADMINISTRATION
13 NCAC 13 .0202 INSPECTOR QUALIFICATION
(a) Deputy Inspectors conducting certificate inspections shall be
in possession of a valid North Carolina Commission. Special
Inspectors and Owner-User Inspectors shall be in possession of a
National Board Commission and a North Carolina Commission.
(b) A At no cost, a North Carolina Commission shall be issued
to an inspector who who:
(1) has attained a passing grade of 70 percent or
higher on passed an examination administered
by the Chief Inspector on relating to the
Uniform Boiler and Pressure Vessel Act and
the rules of this Chapter. Chapter; and
(2) meets all other criteria as set forth in the
Uniform Boiler and Pressure Vessel Act and
this Chapter.
There is no fee for this examination.
(c) If an inspector's North Carolina Commission becomes
inactive for more than one calendar year, or if the inspector does
not conduct at least one inspection in North Carolina per
calendar year, the inspector must retake and pass this
examination before becoming active again in this state.
(d) National Board examinations are administered on the first
Wednesday and Thursday of March, June, September and
December. Applicants for the examination shall contact the
Chief Inspector by the 10th of the month prior to the month in
which they desire to sit for the examination by the National
Board of Boiler and Pressure Vessel Inspectors through Applied
Measurement Professionals ("AMP"). Information on the
examinations may be found on the National Board web site at
www.nationalboard.org or by telephone at (614) 888-8320.
(e) The National Board Inservice Inspector examination covers
the construction, installation, operation, maintenance and repair
of boilers and pressure vessels and their appurtenances, and is
administered upon payment to the Department of Labor of a fee
of one hundred dollars ($100.00). Unsuccessful Applicants who
desire to retake the National Board examination must pay an
additional one hundred dollar ($100.00) fee before retaking the
examination. appurtenances. A grade of 70 percent or higher
must be attained to achieve a passing grade on the examination.
(f) A grade of 70 percent or greater must be attained to achieve
a passing grade on both examinations.
Authority G.S. 95-69.11; 95-69.15.
13 NCAC 13 .0203 NORTH CAROLINA
COMMISSION
(a) When requested by the employer, employer and upon
presentation of a properly completed Application for
Commission as an Inspector of Boilers and Pressure Vessels, a
North Carolina Commission, bearing the signature of the
Commissioner, shall be issued by the Board to persons holding a
valid National Board Commission who have taken and passed
the examination specified in 13 NCAC 13 .0202(b).
(b) Requests Applications for a North Carolina Commission
shall be processed upon proof of a National Board Commission
and payment of a twenty five dollar ($25.00) fee to the
Department of Labor.
(c) North Carolina Commissions are valid through December
31, at which time the inspector's employer shall submit a
renewal application request letter and a twenty five dollar
($25.00) fee to the Department of Labor.
(d) The North Carolina Commission shall be returned by the
employing company with notification of termination date to the
Bureau within 30 days of termination of employment.
(e) A North Carolina Commission may be suspended or revoked
by the Board in accordance with G.S. 95-69.13 for
incompetence, untrustworthiness or falsification of any
statement in an application or inspection report. The Board shall
give notice of the commencement of proceedings for suspension
or revocation of a commission pursuant to G.S. 150B-23. A
North Carolina Commission may be suspended prior to the
hearing if the Chief Inspector determines that the public health,
safety or welfare requires this action. In this case, the
proceedings shall be promptly commenced and determined in
accordance with G.S. 150B-3. The Board's decision regarding
the competency of an inspector shall be determined after
consideration of the knowledge, skill, and care ordinarily
possessed and employed by boiler and pressure vessel inspection
personnel in good standing. Industry custom and practice shall
be considered but are not determinative. Failure to conduct the
inspections in accordance with this Chapter shall constitute
incompetence. The inspector shall be given the opportunity to
show that he is conducting his duties in a competent manner and
that suspension or revocation is unwarranted. If the inspector
believes that the decision of the Board is not warranted, he may
file a petition for judicial review pursuant to Article 4 of Chapter
150B of the N.C. General Statutes.
Authority G.S. 95-69.11; 95-69.15.
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
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13 NCAC 13 .0204 CONFLICT OF INTEREST
An Any inspector or his/her supervisor and managers holding
commissions in North Carolina shall not engage in any conduct
or endeavor that would constitute a conflict of interest including
the following:
(1) Ownership or employment in any kind of
boiler or pressure vessel sales or service
business;
(2) Ownership or employment in any kind of
boiler or pressure vessel parts or
appurtenances sales or service business;
(3) Consultative services for accepted design and
construction codes or National Board quality
program design or implementation; or
(4) Inspection services outside the purview of the
employing entity.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0208 INSURANCE COMPANIES TO
NOTIFY CHIEF INSPECTOR
(a) All insurance companies shall notify the Chief Inspector
within 30 days regarding actions taken on all boiler or pressure
vessel risks, including:
(1) the issuance of a policy;
(2) the cancellation of a policy; policy; or
(3) the non-renewal or suspension of a policy
because of unsafe conditions; or
(4)(3) removal of a boiler or pressure vessel from
service.
(b) All insurance companies shall notify the Chief Inspector
within 10 days regarding the non-renewal or suspension of a
policy because unsafe conditions.
(b)(c) Such notification Notification for items listed under
Paragraph (a) of this Rule shall be made by using the National
Board form NB-4, or a form determined by the Chief Inspector
to be equivalent to the National Board form, form. Notifications
under Paragraph (b) of this Rule shall be made by telephone at
(919) 807-2760, email at boiler.safety@labor.nc.gov or
overnight mail or package delivery service to the Boiler Safety
Bureau, B506, 111 Hillsborough St., Raleigh, NC 27603. and
All notifications shall include reference to the following:
(1) Object, date of service and effective date;
(2) Owner's number;
(3) Jurisdiction number;
(4) National Board number;
(5) Name of manufacturer;
(6) Name of owner including county;
(7) Location of object including county;
(8) User of object;
(9) Date of last inspection for certificate;
(10) Whether or not a certificate of inspection was
issued; and
(11) Reason for discontinuance or cancellation.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0209 INSTALLERS TO NOTIFY
CHIEF INSPECTOR
Any company or individual installing boilers or pressure vessels
subject to inspection in accordance with this Chapter shall notify
the Chief Inspector and request a certificate inspection not less
than 10 working days prior to placing equipment in operation.
Any company or individual wishing to install used boilers or
pressure vessels that are subject to this Chapter shall formally
request permission using the Used Equipment Request Form
found on the Boiler Safety Bureau website. Equipment shall not
be operated operated, other than for testing, prior to an
inspection being conducted that finds the boiler or pressure
vessel to be in compliance with this Chapter.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0211 CERTIFICATE INSPECTIONS
(a) A commissioned inspector shall inspect all boilers and
pressure vessels at the time of installation and at regular
intervals thereafter, as provided in this Rule.
(b) Subject to the exceptions in Paragraphs (c) and (d) of this
Rule, and after seven days notice is given to the owner or user,
an inspector shall conduct an internal inspection of a high
pressure boiler at the time of installation and annually thereafter.
Three to nine months after the internal inspection, an An
external inspection shall be conducted while the boiler is in
operation. The inspector shall ensure that the safety controls are
operating as required. Issuance of the inspection certificate shall
be based on the results of the internal inspection; however, if the
inspector determines during the external inspection that an
unsafe condition exists that is likely to result in serious personal
injury or property damage, the certificate of operation may be
revoked or suspended until such time as the device has been
made safe for operation.
(c) In place of the first internal inspection of a new high
pressure boiler, an inspector may conduct an external inspection
if the inspector determines that data sufficient to determine
compliance with the rules of this Chapter can be gathered from
an external inspection. This shall not apply to relocated used
boilers. boilers or those for which extended inspection
certificates are being requested.
(d) Miniature boilers, coil-type watertube boilers, and boilers
heating a fluid other than water which do not produce steam or
vapor operating as high pressure boilers shall undergo an
external inspection annually. Miniature boilers, coil-type
watertube boilers and boilers heating a fluid other than water
operating as heating boilers shall undergo an external inspection
biennially. Hobby boilers, locomotive boilers and exhibition
boilers shall be inspected annually, at the beginning of the
season when they are anticipated to be operated.
(e) Heating Low pressure boilers and pressure vessels, except
hydropneumatic storage tanks, shall undergo an external
inspection biennially.
(f) Owner-user inspectors shall conduct inspections for pressure
vessels as prescribed in this Rule.
(g) Inspectors may order coverings removed, internal
inspections, external inspections, removal of internal parts,
testing or calibration of control controls, indicating and safety
device devices testing or calibration, or and pressure tests
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whenever conditions warrant further evaluation of the pressure
equipment. The inspector may also require the boiler to be
started to verify the operating controls.
(h) Hydropneumatic storage tanks shall undergo an external
inspection every four years.
(i) When the inspector or Chief Inspector determines that a
certificate cannot be issued as a result of an inspection, the boiler
or pressure vessel shall be reinspected after the necessary repairs
are made.
(j) Inspections shall be conducted in accordance with the
National Board Inspection Code. The inspector may require
controls controls, indicating and safety devices to be
disassembled, tested, checked or calibrated as necessary to
ensure their proper operation.
(k) The Chief Inspector may extend an existing inspection
certificate for a high pressure boiler for a period not exceeding
90 days beyond the certificate expiration date, should an
inspection at the specified period result in undue hardship for the
owner or user. The owner or user shall submit a written request
to extend an existing inspection certificate, providing
justification for an extension. The request shall include a report
from a commissioned inspector of an external inspection which
shall have been conducted no earlier than 60 days before the
certificate expiration date, and the inspection report shall include
a recommendation from the inspector for an extension to the
inspection certificate.
(l) The inspection frequency established by this Rule may be
modified by the Chief Inspector for individual boilers and
pressure vessels if the Chief Inspector determines that due to
unique conditions, the frequency established herein is not
appropriate, and that the safety attained by the normal inspection
frequency will be otherwise obtained. Requirements for
extended certificates for pressure equipment are detailed in Rule
.0214 of this Chapter. Pressure vessels in "Locked High
Radiation" areas may be certified for up to five years and may be
inspected in accordance with Paragraph (m) of this Rule.
(m) Pressure retaining items which contain highly hazardous
chemicals or biological elements that require level B personal
protective equipment, or are in highly hazardous areas or
pressure retaining items containing radioactive materials causing
the pressure equipment to be classified as "Locked High
Radiation," may be inspected remotely, by video camera,
provided:
(1) There is a listing of all the items under this
criterion at the site. The list shall be kept
current by the owner/user and any additions or
deletions shall be kept current. Prior to
inspection the inspector shall review the last
inspection certificate, the ASME data report,
any NB repair/alteration forms and any records
of testing performed during the certificate
period;
(2) Each item shall be inspected by means of live
video feed that is monitored by the inspector.
The inspector shall remain in radio contact
with the individual operating the video
equipment;
(3) The inspector shall be in close proximity to the
item and shall witness the video equipment
operator enter the location of the item;
(4) A scan of all accessible pressure boundaries
shall be witnessed by the inspector;
(5) The ASME nameplate shall be viewed as well
as the ASME/NB nameplate on any pressure
relieving device on the item;
(6) Follow up inspections to verify the correction
of deficiencies may be performed with a video
inspection using the items outlined herein by
the inspector;
(7) The inspector shall submit an inspection report
for each pressure retaining item at intervals
specified in this Rule and the report shall be
annotated indicating that the item was
inspected pursuant to this Paragraph; and
(8) Any incident that renders the item inoperative
shall immediately be reported to the Bureau by
the owner/user or the inspector.
Authority G.S. 95-69.11; 95-69.14; 95-69.17.
13 NCAC 13 .0212 PREPARATION FOR
INSPECTION
(a) The owner or user shall prepare a high pressure boiler,
including locomotive, hobby and exhibition boilers, for internal
inspection by:
(1) cooling the boiler, furnace, and setting so as to
prevent damage to any part;
(2) draining and washing thoroughly internal parts
to be inspected, including disassembly and
cleaning of float bowl type low-water fuel
cutoff devices and associated piping plugs or
caps;
(3) removing wash-out, drain, and inspection
plugs;
(4) removing enough of the grates in an internally
fired boiler to permit inspection;
(5) removing soot, ashes and unburned solid fuel
plus enough brickwork, refractory, and
insulation to permit inspection;
(6) removing manhole and handhole plates;
(7) preparing the controls and safety devices for
inspection and testing;
(8) preventing leakage of water, steam, or vapors
into boiler interiors that would endanger
personnel;
(9) providing adequate ventilation to prevent the
accumulation of hazardous gasses; and
(10) providing, when requested by the inspector, a
competent person, as defined under the North
Carolina Occupational Safety & Health
standard for confined spaces, to assist the
inspector in the performance of his inspection.
(b) In addition to the requirements in Paragraph (a) of this Rule,
the owner or user shall prepare a high pressure boiler that has a
manhole and which is connected to a common header with
another boiler for internal inspection by:
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(1) closing and tagging, or padlocking, the steam
stop valves and opening all drain valves or
cocks located between the steam stop valves;
(2) closing and tagging, or padlocking, the feed
and check valves and opening all drain valves
or cocks located between the feed and check
valves;
(3) draining boiler and then closing and
padlocking the blowoff valves;
(4) disconnecting, at the request of the inspector,
blowoff lines between pressure parts and
valves;
(5) opening all drains and vent lines;
(6) closing and tagging or padlocking all fuel
valves, blower or fan motors and any other
devices that may deliver energy in any form to
the boiler; and
(7) after complying with all other provisions of
this Rule, removing the manhole covers.
(c) The owner or user need not make any special preparation for
an external inspection of a boiler or pressure vessel, except that
if the inspector requires the boiler or pressure vessel to be shut
down for a closer inspection, the boiler or pressure vessel shall
be prepared as is required for the internal inspection of a high
pressure boiler.
Authority G.S. 95-69.11.
13 NCAC 13 .0214 EXTENDED PRESSURE
EQUIPMENT OPERATING CERTIFICATES
G.S. 95-69.16 and 13 NCAC 13 .0211(l) allows the
Commissioner, through the Chief Inspector, to modify the
inspection frequency for individual pressure equipment if it is
determined that due to unique conditions, the new frequency will
provide for the safety attained by the normal inspection
frequency. Proper maintenance programs, the condition of the
pressure equipment and a thorough baseline inspection help to
determine if the equipment is eligible for extended certification.
The Chief Inspector may allow certificate renewal frequencies of
up to three years. Companies wishing to have their pressure
equipment given an extended certification must apply by letter to
the Chief Inspector requesting extended certification.
(1) For a first time extended inspection frequency,
the following shall apply to both new and
existing equipment:
(a) Base Line Inspections: At the outset
of an extended inspection frequency,
a base line inspection must be
conducted of all inside and outside
accessible pressure boundaries. The
inspected area shall be examined
visually by a North Carolina
Department of Labor, Boiler Safety
Bureau Inspector Supervisor along
with a Deputy Inspector for evidence
of cracking, discoloration, wear,
pitting, bulging, blistering, excessive
corrosion and erosion, arc strikes,
gouges, dents and other signs of
surface irregularities. Areas that are
suspect shall be non-destructively
examined by a method acceptable to
the Inspector Supervisor and Deputy
Inspector. For areas which are still
suspect after such examination, a
more thorough supplemental
examination and engineering
evaluation of the discontinuities shall
be conducted and discussed with the
Chief Inspector or designee. At that
time, a decision shall be rendered on
the required repair of the
discontinuity.
(b) Inspection Mapping and Records: An
inspection grid map shall be
constructed for each pressure
component detailing precisely the
areas found suspect. The grid shall
not exceed four inch square. Suspect
area shall be described in relevant
details and photographs of such areas
shall be taken. Records shall be kept
and made available to the Deputy
Inspector prior to the next required
inspection.
(c) Base Line Inspection of Boiler Tubes:
The boiler tubes shall be examined by
nondestructive examination. Tubes
shall be examined for wear,
corrosion, erosion, thinning, bulging,
blistering, dents, discoloration,
cracking and any other surface
irregularities. Areas which are
suspect shall be noted and discussed
with the Inspector Supervisor and
Deputy Inspector.
(d) Boiler Tube Inspection Mapping and
Record: Where suspect tubes are
identified, the boiler tubes shall be
numbered in a logical sequence and
the location of any suspect area shall
be precisely defined and described in
relevant details. Photographs of such
areas shall be taken. Records shall be
kept and made available to the
Inspector Supervisor and Deputy
Inspector prior to the next required
inspection.
(2) The following process shall be adhered to for
subsequent extended certificate inspections:
(a) Scheduling of Inspections:
Approximately two months prior to a
scheduled outage in which the boiler
may be inspected, and prior to the
current certificate expiration, the
owner will initiate the inspection
process as follows.
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(b) Send a letter addressed to the Chief
Inspector requesting the extended
certificate.
(c) Contact the North Carolina
Department of Labor, Boiler Safety
Bureau at 919-807-2760 and request
to speak with an Inspector Supervisor
for the purpose of scheduling the
inspections required for extending the
boiler inspection certificate expiration
for to up to 36 months (have the
North Carolina identification number
available).
(d) Agree with the Inspector Supervisor
and Deputy Inspector on a date to
meet for the External Inspection of
the boiler and to review reports. The
boiler must be operating when the
External Inspection is done. Heat
recovery boilers with less than one
percent capacity factor per year may
be excluded from the need to operate
during the External Inspection but a
letter requesting the exclusion must
be sent to the Chief Inspector stating
the capacity factor for the year.
(3) External Inspection: The following reports
must be available to the Inspector Supervisor
and Deputy Inspector at the External
Inspection:
(a) NBIC R1 forms with job folders (for
the past five years for initial
inspections and since the previous
inspection for renewals).
(b) A list of major modifications
scheduled and those modifications
done since the last internal inspection
with the NBIC R2 forms.
(c) VR forms (for the past five years for
initial inspections and since the
previous inspection for renewals).
(d) Remaining life analysis (RLA)
reports for headers (for the past five
years for initial inspections and since
the previous inspection for renewals).
(e) Side elevation drawing of the boiler
(8 ½ inches by 11 inches).
(f) Steam & Mud drums - Original drum
thickness, drawings and P4's if
available.
(g) Copy of the last operating certificate
and a copies of the last three years of
inspection reports.
(h) Reports of annual external
inspections (by owner's insurance
company or a Boiler Safety Bureau
Deputy Inspector).
(i) Attention must be paid to the areas
determined suspect by previous
inspections.
(4) Internal Inspection: Following are the required
Inspections during the outage:
(a) Prior to the outage the safety valves
must be inspected. Schedule the
Operational Test for all safety valves
after the unit comes back up. Upon a
successful operational test, the repair
organization will affix an updated
inspection tag to the valve. Request
the Deputy Inspector to return and
verify the updated inspection tag. In
lieu of operational tests, it is
acceptable to replace safety valves
with new valves or valves reworked
by a National Board "VR" or "NVR"
authorized company.
(b) Inspect the pressure equipment
internally.
(c) Inspect the drums and shells using the
following methods:
(i) Examine penetrations into
the drum/shell wall for
cracking: if the nozzles are
visible from inside the
drum/shell, then a visual
examination is satisfactory;
otherwise ultrasonically
examine the nozzles, from
the outside surface, of at
least 20 percent of the
pressure equipment nozzles.
(ii) Visually examine inside the
heads.
(iii) Crawl through the
drum/shell for a visual
examination if possible.
(5) Setting the Certificate Interval: The Deputy
Inspector will inform the owner whether the
inspection records and condition of the
pressure equipment meet the requirements
necessary for requesting the Chief Inspector to
extend the inspection certificate. If the
necessary requirements are met, the Deputy
Inspector will submit his inspection report to
the Chief Inspector with the recommendation
for up to a three-year certificate.
(6) Follow-up and Interim Inspections: External
inspections of high pressure boilers are
required six months after the certificate
renewal, and then annually thereafter. The
external inspections may be performed by the
Boiler Safety Bureau Deputy Inspectors or by
the owner's insurance inspector. The results of
the inspection must be submitted to the North
Carolina Department of Labor, Boiler Safety
Bureau on an appropriate inspection form.
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
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Authority G.S. 95-69.11; 95-69.14; 95-69.16.
SECTION .0300 - ENFORCEMENT OF STANDARDS
13 NCAC 13 .0301 INSPECTION
DOCUMENTATION
(a) The inspector shall document the results of the inspection on
a written inspection report or in an electronic format recognized
by the Chief Inspector.
(b) If the inspector finds that the boiler or pressure vessel is in
compliance with the rules in this Chapter, he shall indicate on
the report that the boiler or pressure vessel is satisfactory.
(c) If the inspector finds the boiler or pressure vessel is not in
compliance with the rules in this Chapter, he shall specify on the
inspection report the deficiencies and the required repairs or
corrective action.
(d) The inspector shall determine if the deficiency is such that
operation of the boiler or pressure vessel creates a condition of
imminent danger. If a condition of imminent danger exists, the
inspector shall state on the inspection report that operation of the
boiler or pressure vessel is to cease until completion of the
necessary repairs or corrective action. The inspector shall notify
the Chief Inspector upon discovery of any condition of imminent
danger.
(e) If the condition of the boiler or pressure vessel is such that
repairs or corrective action cannot bring the boiler or pressure
vessel into compliance, the inspector shall recommend to the
Chief Inspector that the boiler or pressure vessel be condemned
from further use.
(f) For inspections revealing deficiencies, the inspector shall
provide the owner/user contact with detailed information
regarding the violation. The inspector shall a copy of the
inspection report to the owner/user which details detail the
violation and corrective action required. The Bureau shall
generate a Notice of Violation letter and send to the Owner/User.
The Notice of Violation shall outline the violation(s), the
required corrective action, and the date by which the corrective
action shall be completed.
(g) The Bureau shall issue an invoice to the owner or user for
the inspections made and for issuance of the inspection
certificate. The owner or user shall remit payment as indicated
on the invoice within 30 days to the North Carolina Department
of Labor.
Authority G.S. 95-69.11; 95-69.16.
SECTION .0400 - GENERAL REQUIREMENTS
13 NCAC 13 .0401 DESIGN AND CONSTRUCTION
STANDARDS
(a) The design, construction, installation, inspection, stamping,
and operation of all boilers and pressure vessels shall conform to
the rules in this Chapter and the accepted design and
construction code.
(b) Repairs and alterations to boilers and pressure vessels shall
conform to the requirements of the National Board Inspection
Code.
(c) The rules of this Chapter shall control when any conflict is
found to exist between the Rules and the accepted design and
construction code or the National Board Inspection Code.
(d) Welded repairs and alterations may be made only by an
individual or organization in possession of a valid certificate of
authorization for use of the National Board "R" symbol stamp.
Repairs and alterations shall be reported on National Board "R1"
and "R2" reports respectively. The forms, along with
supplements used, shall be submitted to the Chief Inspector
within 60 days of the completion of the work conducted. Repair
and Alteration forms shall be annotated with the appropriate NC
identification number for the pressure equipment repaired.
(e) In such cases where removal of a defect in a pressure-retaining
item is not practical at the time of discovery. In such
cases, with approval of the Chief Inspector, the repair may be
conducted in strict compliance with the NBIC, Part 3 Repairs
and Alterations, Repair of Pressure-Retaining Items Without
Complete Removal of Defects.
(e)(f) Repairs of safety valves or safety relief valves shall be
made by an individual or organization in possession of a valid
certificate of authorization for use of the National Board "VR"
symbol stamp.
Authority G.S. 95-69.11; 95-69.13; 95-69.14.
13 NCAC 13 .0404 CONTROLS AND SAFETY
DEVICES
Boilers and pressure vessels shall be equipped with all suitable
controls and safety devices required for safe operation of the
equipment. Controls and safety devices shown in Table-0404 in
this Rule are considered minimum requirements for the various
types of boilers and pressure vessels listed. All devices required
in this Rule and shown in Table-0404 are suitable for the
maximum allowable operating pressure and temperature of the
boiler or pressure vessel on which they are installed. The
design, construction, installation, and operational requirements
for controls and safety devices are as required in Rules .0405
through .0420 of this Section.
TABLE-0404
REQUIRED DEVICE AND
REFERENCED RULE
HIGH
PRESSURE
BOILER
STEAM
HEATING
BOILER
HOT
WATER
HEATING
BOILER
HOT
WATER
SUPPLY
BOILER
WATER
HEATER
PRESSURE
VESSEL
Pressure Relief Device .0405 X X X X X X
High Limit Control .0406 X X X X X X
Pressure Gauge .0407 X X X X X
Steam Syphon (steam boilers only)
.0407
X X
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Water Column & Gauge Glass
(steam boilers only) .0408
X X
Low-Water Fuel Cutoff (If input >
400,000 Btu) .0409
X X X X
Temperature Gauge .0410 X X X
Bottom Blowoff Valves .0411 X X
Drain Valves .0411 X X X X X X
Make-up Water Stop Valve(s) .0411 X X X X X
Expansion Tank .0412 X X X
Flame Failure Control .0420 X X X X
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0406 HIGH PRESSURE OR
TEMPERATURE LIMIT CONTROL
(a) Each automatically fired steam boiler or system of
commonly connected steam boilers shall have at least one steam
pressure control that will shut off the fuel supply to each boiler
or system of commonly connected boilers when the pressure
reaches a preset maximum operating pressure. In addition to the
required operating pressure control, each individual
automatically fired steam boiler shall have a high steam pressure
limit control that will shut off the fuel supply to the boiler to
prevent pressure in excess of the maximum allowable working
pressure. The high limit control shall be equipped with a manual
reset which shall prevent the boiler from being fired after the
maximum pressure has been reached until the operator resets the
switch manually. Steam boilers shall be provided with a
syphon(s) or equivalent which will provide a water seal and
protect the pressure control(s) from being damaged by the steam.
(b) Each automatically fired hot water heating boiler, hot water
supply boiler, water heater or each system of commonly
connected hot water heating or supply boilers shall have at least
one temperature-actuated control to shut off the fuel supply
when the system water reaches a preset operating temperature.
In addition to the required temperature control, each individual
automatically fired hot water heating boiler, hot water supply
boiler, and water heater shall have a high temperature limit
control that will prevent the water temperature from exceeding
the maximum allowable temperature for the respective
equipment. The high limit control for the hot water heating
boilers and hot water supply boilers that are either stamped with
the ASME "H" symbol or are not constructed in accordance with
the ASME Codes shall be equipped with a manual reset which
shall prevent the boiler from being fired after the maximum
temperature has been reached until the operator resets the switch
manually.
(c) Automatic resets or remote resets by electronic means are
prohibited. The manual reset may be incorporated in the high
limit control. Where the reset device is separate from the high
limit control, a means shall be provided to indicate actuation of
the high limit control. Each high limit and operating control
shall have its own sensing element and operating switch.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0408 GAUGE GLASSES AND WATER
COLUMNS
(a) Steam boilers, except for forced flow steam boilers and
forced flow water boilers requiring forced circulation to prevent
overheating of the tubes, shall be provided with a visible gauge
glass which will allow the operator to observe the water level of
the boiler. Boilers with a maximum allowable working pressure
in excess of 400 psig shall have two gauge glasses. Two
independent remote level indicators may be used, in accordance
with the ASME Code, in lieu of one of the gauges. Gauge
glasses and remote level indicators must be visible to the
operator while reading the pressure at the boiler.
(b) Gauge glasses shall be mounted directly on the boiler or on a
water column. Gauge glasses shall be mounted so that the
lowest visible part of the gauge glass is above the lowest
permissible water level by at least 2 inches for high pressure
boilers and 1 inch for steam heating boilers. Gauge glasses may
be installed with stop cocks or valves to allow for gauge glass
replacement during boiler operation. The connections from the
boiler shall be not less than 3/4 inch NPS up to and including the
isolation valves, and not less than 1/2 inch outside diameter
tubing from the isolation valve to the gauge glass.
(c) Gauge glasses shall be provided with a drain valve or cock
and discharge outlet at the bottom-most connection of not less
than 1/4 inch diameter. The discharge outlet shall be piped to a
safe location to prevent injury to the operator while blowing
down the gauge glass.
(d) Water columns, chambers which moderate fluctuations in
water elevations for determining the operating water level in a
boiler, when used, shall be designed, constructed, and stamped
as required by the ASME Code. The piping connections to the
boiler shall be not less than 1 inch NPS for high pressure boilers
or 3/4 inch NPS for heating boilers. If the water column is
connected to the boiler by pipe fittings, no shut off valves of any
type shall be placed in such pipe. A cross or equivalent fitting
shall be placed at every right angle turn to facilitate cleaning.
Water columns shall have a drain valve and discharge outlet of
not less than 3/4 inch NPS.
Authority G.S. 95-69.11; 95-69.14.
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13 NCAC 13 .0409 AUTOMATIC LOW-WATER
FUEL CUTOFF CONTROLS AND WATER-FEEDING
DEVICES
(a) Each automatically fired steam or vapor boiler, except
miniature boilers, shall meet the following criteria:
(1) Have at least two automatic low-water fuel
cutoff devices.
(2) One of the low-water fuel cutoff devices may
also be used to regulate the normal water level.
(3) Each cutoff device shall be installed to prevent
startup and to shut down the boiler fuel or
energy supply automatically when the surface
of the water falls to a level not lower than the
lowest visible part of the gauge glass.
(4) One control shall be set to function ahead of
the other. The lower fuel cutoff device shall
be equipped with a manual reset which shall
prevent the boiler from being fired after the
low water limit has been reached until the
operator resets the switch manually.
(5) The low-water fuel cutoffs shall be attached
directly to the boiler or to the water column.
column with no stops or valves. For float type
low-water fuel cutoffs installed external to the
boiler, each device shall be installed in
individual chambers which shall be attached to
the boiler by separate pipe connections below
the waterline. If the low-water fuel cutoff is
connected to the boiler by pipe and fittings, no
shut off valves of any type shall be placed in
such pipe. A cross or equivalent fitting shall
be placed at every right angle turn to facilitate
cleaning. Piping from the boiler shall be not
less than 1 inch NPS. Low-water fuel cutoff
designs embodying a float and float bowl shall
have a vertical straightaway valved drain pipe
of not less than ¾ inch NPS at the lowest point
in the water-equalizing pipe connections by
which the bowl and the equalizing pipe can be
flushed and the device tested.
(b) Each automatically fired hot water heating boiler with heat
input greater than 400,000 Btu/hr (117 kW)shall meet the
following criteria:
(1) Be protected by a low-water fuel cutoff
intended for hot water service.
(2) The fuel cutoff device shall be installed to
prevent startup and to shut down the boiler
fuel or energy supply automatically when the
surface of the water falls to a level not lower
than the lowest safe permissible water level
established by the boiler manufacturer.
(3) The fuel cutoff device shall be equipped with a
manual reset which shall prevent the boiler
from being fired after the lowest water level
has been reached until the operator resets the
switch manually.
(4) The low-water fuel cutoff installed in a hot
water heating boiler system may be installed
anywhere in the system above the lowest safe
permissible water level established by the
boiler manufacturer so long as there is no
isolation valve installed between the device
and the boiler. Connections to the system
shall be not less than 1 inch NPS.
(5) A means shall be provided for testing the
operation of the low-water fuel cutoff on a hot
water heating boiler system without resorting
to draining the entire system.
(c) Coil type boilers or watertube boilers requiring forced
circulation to prevent overheating of the coils or tubes may have
a flow-sensing device installed at or near the boiler proper, in
lieu of a low-water fuel cutoff, to automatically cut off the fuel
supply when the circulation of flow is interrupted. If there is a
definitive water line, a low-water fuel cutoff complying with the
forgoing shall be provided in addition to the flow-sensing
device.
(d) Electric boilers where uncovering of the electrical element
can lead to an unsafe condition shall be equipped with a low-water
fuel cutoff device. In the case of electrode type boilers,
where the reduction in water level provides a self-limiting
control on heat input, a low-water cutoff control is not required.
(e) Automatically fired boilers shall be provided with a system
to automatically maintain a constant water level so that the water
level cannot fall below the lowest safe water line.
(f) Low water fuel cutoff devices embodying a float and float
bowl shall be installed so that the boiler feedwater or makeup
water cannot be introduced through the float chamber.
Authority G.S. 95-69.14.
13 NCAC 13 .0410 TEMPERATURE
GAUGES/THERMOMETERS/TEMPERATURE
SENSORS
High temperature water boilers, hot water heating boilers, hot
water supply boilers, and water heaters shall be provided with a
temperature gauge, installed as close as practicable to the hot
water outlet, which will indicate the temperature in degrees
Fahrenheit. The indicating device shall have a range of
approximately 2 times the intended operating temperature, but in
no case shall the indicating device have a range of less than 1 1/2
times nor more than 4 times the intended operating temperature.
(a) Every high temperature water boiler, hot water heating
boiler, hot water supply boiler or water heater shall be provided
with a temperature gauge, thermometer or temperature sensor
with the display located and connected so that it is readable. The
temperature gauge, thermometer or temperature sensor shall be
located so that it indicates the temperature of the water in the
boiler at or near the outlet at all times.
(b) Temperature gauges and thermometers shall have a range of
approximately two times the intended operating temperature.
The temperature gauge shall have a range of no less than one
and a half times and no more than four times the intended
operating temperature.
(c) Electronic temperature sensors may be used in lieu of
temperature gauges and thermometers and shall meet the
following requirements:
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2172
(1) The sensor shall be powered from the boiler
power supply, have a backup power supply,
and have a display that remains on at all times;
(2) The full scale of the sensor and display shall
be at least 250 degrees Fahrenheit, and shall be
accurate to within +/- one degree;
(3) The sensor shall have a minimum operating
temperature range of 32 degrees Fahrenheit to
300 degrees Fahrenheit; and
(4) The display shall have an ambient operating
temperature range of 32 degrees Fahrenheit to
120 degrees Fahrenheit, unless otherwise
required by the application.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0411 VALVES, DRAINS, AND
BOTTOM BLOWOFFS
(a) High pressure boilers operating in excess of 100 psig must
be provided with two stop valves for boiler blowoff and drain
outlets. Any boiler having a common steam connection with
another boiler, and having a manhole opening, shall be provided
with two steam outlet stop valves with an ample free-blow drain
or vent between the two stop valves. The discharge of this drain
shall be visible to the operator while operating the valve.
(b) All boilers, except for coil-type water tube boilers, shall be
provided with a drain outlet and stop valve of not less than 3/4
inch NPS at the lowest water containing space, except that if the
boiler is provided with a blowoff outlet at the lowest water
containing space, an additional drain outlet is not required.
(c) High pressure boilers shall be provided with a bottom
blowoff outlet and valve of not less than 1 inch NPS nor more
than 2 1/2 inches NPS, except as modified below:
(1) Miniature high pressure boilers shall have a
blowoff outlet of not less than 3/4 inch NPS.
(2) Electric high pressure boilers not greater than
200kW shall have a blowoff outlet of not less
than 3/4 inch NPS.
(3) High pressure boilers having a heating surface
not greater than 100 square feet shall have a
blowoff outlet of not less than 3/4 inch NPS.
(4) All other high pressure boilers shall have a
blowoff outlet of not less than 1 inch NPS.
(d) Steam heating boilers shall be provided with a bottom
blowoff outlet and valve of not less than 1 inch NPS nor more
than 2 1/2 inches NPS, except as modified below:
(1) Steam heating boilers having a minimum
safety valve relieving capacity not exceeding
500 pounds of steam per hour shall have a
blowoff outlet of not less than 3/4 inch NPS.
(2) Steam heating boilers having a minimum
safety valve relieving capacity greater than
1205 pounds of steam per hour but not greater
than 2500 pounds of steam per hour shall have
a blowoff outlet of not less than 1 1/4 inches
NPS.
(3) Steam heating boilers having a minimum
safety valve relieving capacity greater than
2500 pounds of steam per hour but not greater
than 6000 pounds of steam per hour shall have
a blowoff outlet of not less than 1 1/2 inches
NPS.
(4) Steam heating boilers having a minimum
safety valve relieving capacity greater than
6000 pounds of steam per hour shall have a
blowoff outlet of not less than 2 inches NPS.
(5) All other steam heating boilers shall have a
blowoff outlet of not less than 1 inch NPS.
(e) All blowoff from boilers shall discharge into a blowdown
tank suitable for separating steam and water or shall be piped to
prevent injury. Discharge directly to a sewer is prohibited.
(f) Valves for high pressure boilers shall be designed and
constructed in accordance with the requirements of ASME
Section I, and shall be stamped or embossed with the
pressure/temperature rating of the valve.
(g) Valves for heating boilers shall be suitable for the operating
pressure and temperature of the boiler.
(h) Pressure reducing valves shall be installed in the makeup
water line where inlet supply water pressure is more than 75
percent of the maximum allowable working pressure of the
boiler or pressure vessel.
(i) A shutoff valve shall be provided in the makeup water line
next to each boiler. For a series of boilers having a single water
makeup line, the valve shall be installed next to the boiler piping
system. If the water-containing capacity of the boiler exceeds
120 gallons, a check valve shall be installed on the source side of
the shutoff valve. boiler and shall meet the following
specifications:
(1) Each steam heating boiler and hot water
heating boiler shall be provided with a shutoff
valve and a check valve. The shutoff valve
shall be installed either upstream or
downstream of the check valve.
(2) Each high pressure boiler, except for high
temperature water boilers, shall be provided
with a shutoff valve and a check valve. The
shutoff valve shall be installed between the
check valve and the boiler.
(3) When two or more high pressure boilers are
fed from a common source, there shall also be
a globe or regulating valve in the branch to
each boiler located between the check valve
and the source of the supply.
(j) Pressure vessels subject to corrosion shall be equipped with a
drain valve installed at the lowest point of the pressure vessel or
by installation of an internal drain pipe installed not less than 1/4
inch above the lowest internal surface.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0412 EXPANSION TANKS
(a) Hot water heating systems shall allow for thermal expansion
and contraction of the piping to prevent excessive stress from
being introduced into the pipe or connected equipment.
(b) When new equipment is installed and a backflow prevention
system is installed or already exists on a potable water supply
line for a hot water supply boiler or water heater, expansion
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2173
tanks shall be installed. For water heaters, backflow preventers
or check valves may be installed at the meter in water systems.
(c) When expansion tanks are used they shall be constructed and
stamped in accordance with the requirements of this Chapter for
pressure vessels, unless exempted due to the vessel size or
operating limits.
(d) For a closed type system the expansion tank shall be not less
than that determined as follows:
Vt = [(0.00041T - 0.0466)Vs]/[(Pa/Pf) - (Pa/Po)]
where:
Vt = minimum volume of tank(s), gal
Vs = volume of system, not including tanks, gal
T = average operating temperature, deg F
Pa = atmospheric pressure, psi
Pf = fill pressure, psi
Po = maximum operating pressure, psi.
Authority G.S. 95-69.11; 95-69.14.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Wildlife Resources Commission intends to amend the
rules cited as 15A NCAC 10G .0402, .0403 and .0405.
Proposed Effective Date: September 1, 2011
Public Hearing:
Date: March 31, 2011
Time: 7:00 p.m.
Location: WRC, NCSU Centennial Campus, 1751 Varsity
Drive, Raleigh, NC 27606
Reason for Proposed Action: These rules will eliminate the
requirement for WRC to provide Internet access, computer
equipment and support for such equipment to Wildlife Service
Agents (WSAs). Many current agents already have this access
and equipment used in connection with their primary business,
and do not need additional equipment or support. Elimination
of the requirement for WRC to supply this equipment for WAS's
will result in a significant savings to the agency.
Procedure by which a person can object to the agency on a
proposed rule: Objections may be submitted in writing or via
electronic mail during the comment period ending May 16, 2011
to C. Norman Young, Jr., NC Department of Justice, SSA, 9001
Mail Service Center, Raleigh, NC 27699-9001; email
nyoung@ncdoj.gov.
Comments may be submitted to: Cecilia Edgar, NC Wildlife
Resources Commission, 1721 Mail Service Center, Raleigh, NC
27699-1721; phone (919) 707-0223; email
Cecilia.edgar@ncwildlife.org
Comment period ends: May 16, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact: A copy of the fiscal note can be obtained
from the agency.
State
Local
Substantial Economic Impact (>$3,000,000)
None
Fiscal Note posted at
http://www.osbm.state.nc.us/files/pdf_files/WRC02072011.pdf
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10G - DISTRIBUTION AND SALE OF
HUNTING: FISHING: AND TRAPPING LICENSE
SECTION .0400 - WILDLIFE SERVICE AGENTS
15A NCAC 10G .0402 APPOINTMENT OF WILDLIFE
SERVICE AGENTS
(a) Any business operating from a fixed location in North
Carolina may apply to the Commission for appointment as a
Wildlife Service Agent by completing an application provided
by the Commission.
(b) Application. Applications for Wildlife Service Agent
appointment shall contain the business name, address, county
where the business is located, agent contact information, bank
account information, business hours, and any other information
requested by the Commission that is reasonably necessary to
determine the fitness of the applicant to serve as a Wildlife
Service Agent.
(c) Qualifications and Requirements. Applicants shall meet the
following qualifications in order to be appointed as a Wildlife
Service Agent.
(1) Businesses shall operate from a fixed location
in North Carolina and shall sell a minimum of
one thousand dollars ($1,000) in transaction
sales annually. This minimum requirement
may be waived by the Executive Director if he
finds the applicant's services necessary to
maintain adequate agent services to the public
in that geographic area.
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2174
(2) An applicant shall have a minimum of one
year's experience in operating the business for
which the application is made or other
equivalent business experience or training. In
those cases where other equivalent business
experience or training is accepted in lieu of the
minimum one year's experience, the applicant
shall submit financial statements of the
business so that the solvency of the business
can be judged.
(3) Applicants shall provide a bank account for
the purpose of transferring net proceeds from
all Wildlife Service Agent transactions to the
Commission's account in the State Treasury
every week via an electronic transfer of funds.
(4) Applicants shall provide a telephone line or
other form of Internet connection for the
purpose of processing transactions related to
services provided by Wildlife Service Agents.
(d) The qualifications as provided by Paragraphs (b) and (c) of
this Rule shall be met prior to appointment. Failure to comply
with the qualifications and requirements as provided by
Paragraph (c) of this Rule, throughout the term of the
appointment, may result in termination of the agent appointment.
All agents are subject to monitoring of their performance by the
Customer Support Section of the Commission.
Authority G.S. 113-134; 113-270.1.
15A NCAC 10G .0403 WILDLIFE SERVICE AGENT
AGREEMENT
Each Wildlife Service Agent shall execute an Agreement with
the Commission acknowledging that the business shall comply
with all rules and laws related to the sale of licenses and the
registration of vessels. Each Wildlife Service Agent shall
execute an Agreement with the Commission and shall comply
with all rules, statutes and administrative requirements
reasonably related to the sale of licenses and the registration of
vessels. All terms and conditions shall be fully set forth in the
Agreement at the time of execution. The business shall operate
as a public convenience and shall serve the public in an efficient
and helpful manner with all reasonable requests for assistance
related to the duties of a Wildlife Service Agent whenever open
for business. The agent shall be informed and knowledgeable of
the laws and rules governing requirements for licenses and
vessel transactions and stay abreast of changes in these
requirements so that the agent can provide accurate and reliable
information and instruction to persons who seek assistance in
these matters. The appointment as a Wildlife Service Agent and
the Agreement under which the appointment is made are
singularly valid for the person named thereon who is authorized
to act on behalf of the business and applies only to the business
and location named and is non-transferable.
Authority G.S. 113-134; 113-270.1.
15A NCAC 10G .0405 WILDLIFE SERVICE AGENT
TERMS AND CONDITIONS
Failure to comply with the following terms and conditions of
this Section may result in temporary suspension or termination
of a Wildlife Service Agent's appointment:
(1) Public Service. Wildlife Service Agents shall
provide a public service to all persons seeking
assistance with matters related to the duties of
a Wildlife Service Agent.
(2) Training. New Wildlife Service Agents shall
attend a training session at a location specified
by the Commission prior to activation of agent
status and prior to receiving any equipment or
supplies from the Commission.
(3) Activation of Agent Status. Upon completion
of training and receipt of equipment and
supplies, Wildlife Service Agents shall have
their equipment set up and ready for operation
10 days after the date they receive the
equipment and supplies.
(4) If equipment and Internet service provided by
the Commission. Upon completion of
training, each Wildlife Service Agent shall be
equipped with the computer equipment and
peripherals necessary to perform transactions
required by the Commission. This computer
application is web-based and is linked to the
Commission's central database via the Internet.
Agents shall provide a telephone line for this
purpose. Equipment and service is provided
subject to the following:
(a) Using the equipment and Internet
service provided, the agent shall issue
all transactions required by the
Commission. The record of sale and
issuance of each item shall be
transmitted immediately to the
Commission's database via the
Internet. The Commission shall
communicate information and
instructions about individual agent
accounts and messages of general
interest to all agents via the computer
application and the agent web site.
(b) All training, trouble-shooting,
maintenance, equipment
replacements, materials and supplies
shall be furnished by the
Commission. Toll-free telephone
service to link transaction equipment
to the system's central database shall
be supplied by the Commission.
(c) Upon termination of an agent
appointment, all computer equipment
and peripherals shall be returned to
the Commission as instructed by the
Commission.
(d) Wildlife Service Agents shall be
financially responsible for any
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2175
damage to computer equipment and
peripherals resulting from negligence,
malicious activity, equipment
abandonment, failure to return
equipment upon request of the
Commission or improper electrical
service to the equipment. In the event
of fire, theft, or natural disaster, if
insured, agents shall relinquish to the
Commission any insurance
payment(s) for damaged computer
equipment or peripherals provided by
the Commission within 10 days of
receipt. Agents shall report, by
telephone to the Commission, any
lost, stolen, damaged, or destroyed
equipment within 48 hours of the
occurrence and shall submit a written
report within 10 days thereafter.
(5) If equipment and internet service is provided
by the Agent. Upon completion of training,
each Wildlife Service Agent shall be given
access to the Commission's agent web site in
order to perform transactions required by the
Commission. This web site is linked to the
Commission's central database via the internet.
Agents using their own equipment shall
provide their own Internet service provider and
shall provide a telephone line for this purpose.
Agents providing their own Internet service
provider shall receive a monthly credit to their
bank account from the Commission. The
amount of monthly credit is determined by the
Commission's savings on internet service
provider costs as a result of the agent
providing his or her own service. Use and
service provided by the Agent is subject to the
following:
(a) Using the web site provided, the
agent shall issue all transactions
required by the Commission. There
record of sale and insurance of each
item shall be transmitted immediately
to the Commission's database via the
internet. The Commission shall
communicate information and
instructions about individual agent
accounts and message of general
interest to all agents via the computer
application and the agent web site.
(b) All training, materials, and supplies
shall be furnished by the
Commission. The Commission shall
not provide technical support,
trouble-shooting, or maintenance to
agents using their own equipment and
Internet service provider.
(c) Upon termination of an agent
appointment, access to the
Commission's agent web site shall be
terminated.
(6) Supplies. The Commission shall provide each
wildlife service agent the forms and supplies
necessary to perform transactions or to provide
information required by the Commission. In
the event that any records or supplies related to
the operations of a Wildlife Service Agent are
stolen, lost, damaged or destroyed, the agent
shall notify the Commission by telephone
within 48 hours of the occurrence and shall
submit a written report within 10 days
thereafter.
(7) Documentation. Wildlife Service Agents shall
mail all transaction documentation to the
Commission daily.
(8)(4) Application. Each Wildlife Service Agent
shall notify the Commission of any changes to
the original application for appointment such
as business name, address, agent contact
information, bank account information,
business hours and other information related to
agent appointment, immediately upon its
change.
(9)(5) Business Change of Ownership, Location, or
Management. If the ownership of the
business, location or management changes,
then the Agreement becomes null and void.
Written notice of any change in ownership,
location, or management shall be sent to the
Commission at least 10 days prior to the
change along with an application for a new
Wildlife Service Agreement, if desired,
pursuant to the rules in this Section.
(10) Renewal. All Wildlife Service Agent
Agreements are issued for a term of three
years, but may be renewed upon agreement of
the Commission and the Wildlife Service
Agent.
(11)(6) Cancellation. A Wildlife Service Agent may
cancel the Agreement at any time by sending
written notice to the Commission. The
Commission shall immediately instruct
resigning agents on the procedures for
returning all equipment and supplies and to
settle their account. Upon resignation of
appointment as a Wildlife Service Agent, the
former agent must return all consigned
equipment and supplies to the Commission
and settle the agent financial account within 10
days of the resignation letter's date.
(12)(7) Suspension. The Commission shall
temporarily suspend any Wildlife Service
Agent appointment for failure to comply with
this Rule.
(a) Deficiencies that shall result in
temporary suspension include:
(i) Failure to comply with the
terms and conditions as
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2176
outlined in the Wildlife
Service agent Agreement.
(ii) Failure to deposit sufficient
funds one or more times to
cover the electronic transfer
of funds each week.
(iii) Failure to operate as a public
convenience as specified in
the Agreement one or more
times.
(iv) Failure to provide proper
and correct information one
or more times about wildlife
transactions and related
issues to customers as
documented by customer
complaints or agency
inspections.
(v) Failure to submit or return
all required documentation
for transactions as outlined
in the Agreement one or
more times.
(vi) Failure to safeguard or care
for the equipment and
supplies, and any other act
or omission by the agent that
results in financial loss or
that reflects poorly on the
Commission.
(b) Temporary suspension is effective
immediately upon communication of
that fact to the Wildlife Service
Agent. Such communication shall
state the grounds for temporary
suspension and that the agent may
request a hearing within 5 working
days if he contests the grounds for
temporary suspension. If the initial
notification is not in writing, it shall
be followed by written notice of
temporary suspension containing the
same information. An employee of
the Commission may enter the
premises and impound all property
and supplies issued or entitled to by
the Commission such as equipment,
moneys, record books, reports,
license forms, other documents and
materials pertinent to the agent being
suspended. The Commission must
make the impounded property, or
copies of it, available to the agent
during the period of temporary
suspension. If a hearing is requested,
it shall be before the Executive
Director or his designee and shall be
held at a location specified by the
Executive Director.
(c) Temporary suspension remains in
effect until the hearing. A temporary
suspension may not last longer than
30 days, but additional suspensions
may be imposed if, at the end of the
suspension period, the agent has not
corrected the deficiency or
deficiencies that resulted in the
suspension. A Wildlife Service
Agent may at any time after a hearing
appeal his suspension to the
Commission. A new suspension shall
comply with the provisions of this
Item.
(13)(8) Termination. The Commission may terminate
any Wildlife Service Agent appointment for
failure to comply with this Rule.
(a) Deficiencies that may result in
termination include:
(i) Failure to comply with the
terms and conditions as
outlined in the wildlife
service agreement.
(ii) Failure to deposit sufficient
funds two or more times to
cover the electronic transfer
of funds each week.
(iii) Failure to meet the minimum
transaction sales requirement
of one thousand dollars
($1,000) annually.
(iv) Failure to operate as a public
convenience as specified in
the Agreement two or more
times.
(v) Failure to provide proper
and correct information two
or more times about wildlife
transactions and related
issues to customers as
documented by customer
complaints or agency
inspections.
(vi) Failure to return all required
documentation for
transactions as outlined in
the Agreement two or more
times.
(vii) Failure to safeguard or care
for the equipment and any
other act or omission by the
agent that results in financial
loss or that reflects poorly on
the Commission.
(b) Notice of termination of the
appointment may be sent to the
Wildlife Service Agent in lieu of or in
addition to temporary suspension.
The notice must state the grounds for
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25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2177
termination of the appointment and
the agent's right to a hearing if he has
not previously been afforded one. If
the appointment is to be terminated,
the notice must state the effective
date and hour of termination. If the
agent has not been previously
afforded a hearing, the agent is
entitled to a hearing within 14 days
before the Executive Director or his
designee to be held at a location
specified by the Executive Director.
If the Executive Director upholds the
decision to terminate the
appointment, an agent may appeal his
termination to the Commission.
Pending the hearing and any appeal
from it, the termination is held in
abeyance, but no transaction may be
made once the agent's termination
effective date and time have passed.
(c) Upon termination of appointment as a
Wildlife Service Agent, the former
agent must return all consigned
equipment and supplies to the
Commission and settle the agent
financial account within 10 days of
the date of receiving written notice
from the Commission. Employees of
the Commission may conduct
inspections and audits when
terminating an agent.
(d) The Executive Director or his
designee holding any hearing under
this Item must keep a written record
of evidence considered and findings
made. Upon appeal to the
Commission, the Commission
Chairman or another presiding officer
must cause such a written record of
evidence and findings to be made and
kept.
(e) No person denied appointment or
whose appointment was terminated
under this section may apply again
for an appointment as a Wildlife
Service Agent for a minimum of two
years. Upon application, the
Commission may not grant the
appointment as a Wildlife Service
Agent unless the applicant produces
evidence, convincing to the
Commission, that he meets all
standards and qualifications and will
comply with all requirements of
statutes and rules pertaining to
Wildlife Service Agents.
(14)(9) Use of customer identifying information.
Customer identifying information for
customers of the Commission is protected by
G.S. 143-254.5. Wildlife Service Agents shall
not disclose any customer identifying
information to any third party without the
express authorization of the Commission.
Wildlife Service Agents shall not use such
customer identifying information for any
purpose whatsoever other than the processing
of Commission transactions requested by the
customer. Failure to abide by provisions in this
Item shall be grounds for immediate
termination of the agency.
Authority G.S. 113-134; 113-270.1.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND
COMMISSIONS
CHAPTER 14 – BOARD OF COSMETIC ART
EXAMINERS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Board of Cosmetic Art Examiners intends to amend the rules
cited as 21 NCAC 14P .0105, .0108 and repeal the rule cited as
21 NCAC 14C .0202.
Proposed Effective Date: July 1, 2011
Public Hearing:
Date: March 30, 2011
Time: 8:00 a.m.
Location: 1201 Front Street, Suite 110, Raleigh, NC 27609
Reason for Proposed Action:
21 NCAC 14C .0202 – This repeal was requested by the office of
the governor.
21 NCAC 14P .0105, .0108 – These changes are an attempt to
change the penalty amounts to fit the severity of the violation.
Procedure by which a person can object to the agency on a
proposed rule: Send a letter to 1201 Front Street, Suite 110,
Raleigh, NC 27609
Comments may be submitted to: Stefanie Kuzdrall, 1201
Front Street, Suite 110, Raleigh, NC 27609
Comment period ends: May 16, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2178
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
SUBCHAPTER 14C - CONTESTED CASES
SECTION .0200 - REQUEST FOR A HEARING
21 NCAC 14C .0202 PREREQUISITES
Before a hearing request is made, a person may attempt to
resolve the problem with the Board informally by contacting the
Chairman of the North Carolina State Board of Cosmetic Art
Examiners, 1201-110 Front St., Raleigh, North Carolina 27609.
Authority G.S. 88B-4; 150B-38(h).
SUBCHAPTER 14P – CIVIL PENALTY
SECTION .0100 – CIVIL PENALTY
21 NCAC 14P .0105 RENEWALS; EXPIRED
LICENSES; LICENSES REQUIRED:
(a) The presumptive civil penalty for operating a cosmetic art
shop/school with an expired license is:
(1) 1st offense $100.00
(2) 2nd offense $250.00
(3) 3rd offense $500.00
(b) The presumptive civil penalty for practicing cosmetology,
manicuring, or esthetics with an expired license is:
(1) 1st offense $100.00 $50.00
(2) 2nd offense $250.00 $100.00
(3) 3rd offense $500.00 $250.00
(c) The presumptive civil penalty for allowing an apprentice or
someone with a temporary permit to practice cosmetic art
without direct supervision is:
(1) 1st offense $100.00
(2) 2nd offense $300.00
(3) 3rd offense $500.00
(d) The presumptive civil penalty for practicing in a cosmetic
art shop with an apprentice license or a temporary permit
without direct supervision is:
(1) 1st offense $100.00
(2) 2nd offense $300.00
(3) 3rd offense $500.00
(e) The presumptive civil penalty for an improperly licensed
cosmetic art shop (incorrect number of chairs licensed) is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(f) The presumptive civil penalty for teaching with an expired
license is:
(1) 1st offense $100.00
(2) 2nd offense $250.00
(3) 3rd offense $500.00
Authority G.S. 88B-4; 88B-11; 88B-21; 88B-22; 88B- 23(a);
88B-24: 88B-29.
21 NCAC 14P .0108 REVOCATION OF LICENSES
AND OTHER DISCIPLINARY MEASURES
(a) The presumptive civil penalty for allowing unlicensed
practitioners to practice in a licensed cosmetic art shop is:
(1) 1st offense $250.00$500.00
(2) 2nd offense $500.00$750.00
(3) 3rd offense $1000.00
(b) The presumptive civil penalty for practicing cosmetology,
natural hair care, manicuring or esthetics with a license issued to
another person is:
(1) 1st offense $300.00$500.00
(2) 2nd offense $500.00$800.00
(3) 3rd offense $1,000.00
(c) The presumptive civil penalty for altering a license, permit
or authorization issued by the Board is:
(1) 1st offense $300.00$500.00
(2) 2nd offense $400.00$800.00
(3) 3rd offense $500.00$1000.00
(d) The presumptive civil penalty for submitting false or
fraudulent documents is:
(1) 1st offense $500.00
(2) 2nd offense $800.00
(3) 3rd offense $1,000.00
(e) The presumptive civil penalty for refusing to present
photographic identification is:
(1) 1st offense $100.00
(2) 2nd offense $250.00
(3) 3rd offense $500.00
(f) The presumptive civil penalty for advertising by means of
knowingly false or deceptive statement is:
(1) 1st offense warning ($300.00)
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(g) The presumptive civil penalty for permitting an individual to
practice cosmetic art with an expired license is:
(1) 1st offense $300.00$50.00
(2) 2nd offense $400.00$100.00
(3) 3rd offense $500.00$250.00
(h) The presumptive civil penalty for practicing or attempting to
practice by fraudulent misrepresentation is:
(1) 1st offense $500.00
(2) 2nd offense $800.00
(3) 3rd offense $1000.00
(i) The presumptive civil penalty for the illegal use or
possession of equipment or Methyl Methacrylate Monomer
(MMA) in a cosmetic art shop or school is:
(1) 1st offense $300.00
(2) 2nd offense $500.00
(3) 3rd offense $1000.00
PROPOSED RULES
25:18 NORTH CAROLINA REGISTER MARCH 15, 2011
2179
(j) The presumptive civil penalty for failure to maintain footspa
sanitation records is:
(1) 1st offense $100.00
(2) 2nd offense $200.00
(3) 3rd offense $300.00
Authority G.S. 88B-4; 88B-24; 88B-29.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 30 - NC BOARD OF MASSAGE AND
BODYWORK THERAPY
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Board of Massage and Bodywork Therapy intends to amend
the rule cited as 21 NCAC 30 .0624.
Proposed Effective Date: August 1, 2011
Public Hearing:
Date: April 29, 2011
Time: 11:00 a.m.
Location: Wachovia Capital Center, 13th Floor Conference
Room, 150 Fayetteville Street, Raleigh, NC
Reason for Proposed Action: This amendment is being
submitted to further clarify Rule 21 NCAC 30 .0624
Procedure by which a person can object to the agency on a
proposed rule: Any person may object to this proposed
amendment by submitting a written statement to Charles P.
Wilkins at PO Box 2539, Raleigh, NC 27602 postmarked on or
before June 13, 2011.
Comments may be submitted to: Charles P. Wilkins, PO Box
2539, Raleigh, NC 27602, phone (919)833-2752, fax (919)833-
1059, email cwilins@bws-law.com
Comment period ends: June 13, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
SECTION .0600 - MASSAGE AND BODYWORK
THERAPY SCHOOLS
21 NCAC 30 .0624 STANDARDS OF
PROFESSIONAL CONDUCT
(a) The following standards of professional conduct shall apply
to instructional staff, administrative staff and students:students,
and shall apply to all school facilities as well as any other
location where staff or students are demonstrating or delivering
therapeutic treatments as a part of course requirements:
(1) Conduct shall be in accordance with Standards
of Conduct set forth in Section .0500 of this
Chapter.
(2) Nudity is not perm