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AUGUST 2007 EDITION #52 www.ncbeec.org MESSAGE FROM THE CHAIRMAN A Year of Firsts For the final year of my appointment to the board, I have been elected Chairman. This is the first time a member of the Carolina’s Electrical Contractors Association has served as Chairman, and I feel honored to have been elected. My father always said that you should try to improve the industry by your actions. I hope my service to this board has done so. Donna Baxter, Director of Physical Plant, at Brunswick Community College has been appointed by Governor Easley to succeed Curtis Kennedy. Her term is effective July 1, 2007 and will expire June 30, 2014. This is the first time a woman has served on the board, and we are looking forward to serving with her on the board. This will be the first year since my appointment that Curtis Kennedy will not be on the Board. Curtis was the first person to serve as both the Executive Director and Chairman of the Board during their career. He is a walking history book of the electrical industry in North Carolina as indicated by his articles in the Board newsletter. His many years of service to the Board are to be commended. Jerry Tucker, Board Chairman LICENSE LAW AMENDED The General Assembly has made changes in the classifications of electrical contractor licenses. Effective October 1, 2007 the project value limitation for the Limited license has been raised to $40,000. The project value limitation for the single-family residential dwelling license is also increased to $40,000. The project value limitation for the Intermediate license has been raised to $110,000. Thus, under the new law both the limited and single-family residential dwelling licensee are permitted to engage in a single electrical contracting project of a value not in excess of $40,000. The intermediate licensee is permitted to engage in a single electrical contracting project of a value not in excess of $110,000. In other amendments, the bonding ability was also raised to $40,000 for the Intermediate and $110,000 for the Unlimited. The new law authorizes the Board to modify the project value limitations by rule, no more than once every three years based on an increase or decrease in the project cost index for electrical projects in this State. OFFICERS ELECTED During its June, 2007 Regular Fourth Quarter Board Meeting, the Board elected officers to serve July 1, 2007 through June 30, 2008 as follows: Jerry L. Tucker – Chairman Gray Bryant – Vice Chairman Secretary-Treasurer – Robert L. Brooks, Jr. 2 Electrical Contractors Newsletter This newsletter is published semi-annually as a service to electrical contractor licensees and others in the electrical industry. Suggestions for articles of interest for publication in this newsletter are welcome. North Carolina State Board of Examiners of Electrical Contractors 3101 Industrial Drive, Suite 206 P. O. Box 18727 Raleigh, NC 27619-8727 Telephone: (919) 733-9042 Fax: (919) 733-6105 Website: www.ncbeec.org Michael F. Easley, Governor BOARD MEMBERS Jerry L. Tucker, Chairman High Point, NC Gray Bryant, Vice Chairman Mount Airy, NC Donna Baxter Boiling Springs Lake, NC Tim Bradley Raleigh, NC Julian R. Burns Charlotte, NC Dr. Jim Clark Burlington, NC Dr. Tony L. Mitchell Cary, NC STAFF MEMBERS Robert L. Brooks, Jr. Executive Director William A. Parris Continuing Education & Examinations Manager Robert H. Lawson Field Representative/Investigator Jesse H. Skinner Field Representative/Investigator Curtis Max Thompson Field Representative/Investigator Roy A. Wilson Field Representative/Investigator Mary B. Higgins Office Manager Michelle A. Ames Administrative Program Assistant-Exam Applications & Investigations Robert C. Bissette Administrative Program Assistant- Continuing Education & Licensing Tonya M. Lynch Administrative Program Assistant- Reception & Licensing Epsie D. Stevens Records Manager APPOINTMENT OF REGULAR BOARD COMMITTEES EFFECTIVE JULY 1, 2007 FINANCE COMMITTEE: To review the Board's finances and accounting reports and records; to review the State Auditor's annual report; to review general fund and capital budgets and recommend annual fees to fund these budgets; to review proposed budget adjustments; to review and recommend staff salaries and benefits; to review and evaluate office equipment and improvements needs; to make recommendations to the Board on all matters of finance; and to perform any other Board assignment in the area of finances. MEMBERS: Julian R. Burns, Chairman, Donna Baxter and Tim Bradley. RULES COMMITTEE: To periodically review the Board's general rules and regulations and the Board's rules and regulations for special restricted license classifications and to develop and recommend amendments to existing rules or new rules deemed necessary for the Board's implementation and administration of the North Carolina Electrical Contracting Licensing Act. MEMBERS: Tim Bradley, Chairman, Dr. Jim Clark and Dr. Tony Mitchell. APPLICATION AND CONTINUING EDUCATION COMMITTEE: (APPLICATION) To review and evaluate questionable applications for examinations and/or licenses, including appeals from any applicant dissatisfied with any decision of the Board's staff regarding such applicant's application; and to perform any other Board assignment in the area of examination or license applications. (CONTINUING EDUCATION) To periodically review the Board's rules and policies for continuing education and to develop and recommend amendments to existing rules and policies or new rules and policies deemed necessary to administer the Board's continuing education program. MEMBERS: Dr. Tony Mitchell, Chairman, Donna Baxter and Dr. Jim Clark. EXAMINATION COMMITTEE: To develop examination specifications, scope and questions for the various classifications of examinations; to develop examination administration and grading procedures; to review and evaluate all examination content and materials; to evaluate the examination programs of other states; to review and recommend for Board approval all examinations to be administered by the Board; and to perform any other Board assignment in the area of examinations. MEMBERS: Gray Bryant, Chairman, Julian R. Burns and Dr. Tony Mitchell. DISCIPLINARY COMMITTEE: To review and make preliminary determinations of charges of violations presented to the committee by staff; to recommend that charges be dismissed as unfounded or trivial; to issue notices of violations, including reprimands and assessments of civil penalties; to recommend to the Board that civil or other penalties be imposed or that compromises be accepted; and to perform any other Board assignment in the area of disciplinary matters. MEMBERS: Julian R. Burns, Chairman and Gray Bryant. 3 NEW BOARD MEMBER APPOINTED Governor Michael F. Easley appointed Donna Baxter to the State Board of Examiners of Electrical Contractors succeeding Curtis R. Kennedy. Ms. Baxter’s term will expire June 30, 2014. Ms. Baxter is the Governor’s public member appointee representing the interest of the public at large pursuant to NCGS 87-39. Ms. Baxter has worked thirty years in construction and maintenance areas, currently serving as Director of Physical Plant at Brunswick Community College. Ms. Baxter served for four years as Chairman of the Brunswick County Board of Education and also served for four years as a Boiling Spring Lakes Commissioner. She is the first woman appointed to the Board. Ms. Baxter resides in Boiling Spring Lakes. BOARD MEMBER TERM EXPIRES The term of Curtis R. Kennedy as a member of the State Board of Examiners of Electrical Contractors has recently expired. Mr. Kennedy served on the Board from 1998 – 2007. He was Board Vice Chairman from 2002- 2005 and was Board Chairman from 2005-2006. Mr. Kennedy served as the Executive Director of the Board from February 1, 1970 until his retirement on July 1, 1985. The Board greatly appreciates the outstanding contributions made by Mr. Kennedy to the electrical industry and the citizens of North Carolina. PRIVACY OF PERSONAL INFORMATION The Board is required to collect social security numbers for identification purposes only. To address the very real concerns about identity theft and fraud, new procedures have been implemented to protect the privacy of personal information the Board collects. Any documents the Board produces with the social security number will be displayed in a masked format, showing only the last four digits. In the past, when a Qualified Individual completed Continuing Education Credits through an approved Continuing Education Provider, he was asked to submit his/her social security number for identification. The Qualifier now only needs his/her last name and last four digits of his social security number for identification. REPORT ON ACTIVE LICENSES JULY 2007 Intermediate 567 Limited 8809 Unlimited 3,297 SP-SFD 538 SP-LV 775 SP-PH 292 SP-EL 42 SP-ES 58 SP-SP 17 SP-WP 50 Total 14,444 4 INSTRUCTOR OF THE YEAR AWARD The Board was proud to present Mr. Robert Ivey Gossett (Bob) the fourth Continuing Education Instructor of the Year award at the North Carolina Electrical Institute Meeting on April 3, 2007. Dr. Mitchell, Board Member and Chairman of the Continuing Education Committee, presented Mr. Gossett with the award. Mr. Gossett expressed his appreciation and thanked everyone for their dedication and friendship he has received throughout the many years he has been associated with the electrical industry. Mr. Gossett is an Unlimited Qualified Individual for the NC State Board of Examiners of Electrical Contractors and a Standard Level III Electrical Inspector for the NC Department of Insurance employed with City Hendersonville Inspection Department. He has been an asset to our Electrical Industry as a Continuing Education Instructor for Asheville Buncombe Technical Community College and Blue Ridge Community College. We attribute a great portion of the success of the Electrical Industry through Continuing Education by Providers and Instructors like Mr. Gossett. Mr. Gossett has a wife, Judy, and two sons Robert and Jonathan. He is also the proud grandfather of four, Katie, Jordan, Ty, and Lily. The Board would like to express their appreciation and gratitude to Mr. Gossett’s continued dedication and service for being an instructor for the Continuing Education Program. We would like to extend to Mr. Gossett continued success in the electrical industry. To cast your vote for the 2007 Continuing Education Instructor of the Year Award please look for the ballot on the Boards website at www.ncbeec.org under Continuing Education. BOARD’S EXAMINATION PROGRAM – 2008 NEC The Board’s qualifying examinations will be based on the 2005 National Electrical Code through June 30, 2008. Effective July 1, 2008, the Board’s qualifying examinations will be based on the 2008 National Electrical Code. Anyone wishing to apply for the qualifying examination should contact the board’s office for the Examination Information Handbook. Telephone/Voice Mail 1-800-392-6102. The 2008 National Electrical Code is available for purchase from the Board. Please use the Order Form contained in this Newsletter. ONLINE LICENSE RENEWAL Did you know you can renew your electrical contracting license online? No need for envelopes or stamps, simply go to the board’s website and select online services. This link will take you to a secure site where you will be able to verify and/or update your contact information and renew your electrical contracting license for the coming year. Online license renewal is available up to 60 days prior to the license expiration date. Currently a notice is mailed with renewal applications to those single qualifier licensees with continuing education already on file when renewal applications are printed. A user ID and password is printed on your renewal application. A valid Visa or Mastercard is required for payment. You are encouraged to take advantage of this service. Over the past year, approximately 2167 licensees have successfully renewed online. If you need to make changes to your license classification or license name, forms are available on the Board’s website under Need A Form. Remember, once your license has expired, you will be unable to utilize the online renewal. 5 RULES PUBLIC HEARING The State Board of Examiners of Electrical Contractors will conduct a rules public hearing at 2:00 PM on September 12, 2007, in the Board’s office located at 3101 Industrial Drive, Suite 206, Raleigh, North Carolina. The purpose of this hearing is to amend Board Rules cited as 21 NCAC 18B .0209, .0303 and .0404. The proposed effective date is January 1, 2008. The proposed action is to make updates based on recent legislation and increase fees. Persons interested in the proposed action may present written or oral statements at the public hearing or in writing prior to the hearing by mail addressed to: Robert L. Brooks, Jr., Executive Director, PO Box 18727, Raleigh, NC 27619. This Newsletter contains the complete text of each rule to be considered at the public hearing. Additions to the rule are underlined. Text to be deleted or replaced is crossed out. .0209 FEES (a) The examination fee for regular qualifying examinations is seventy-five dollars ($75.00) ninety dollars ($90.00) for all classifications. (b) The examination fee for a specially-arranged qualifying examination is two-hundred dollars ($200.00) for all classifications. (c) The fee for a supervised review of a failed examination with the Board or staff assistance is twenty-five dollars ($ 25.00) for all classifications. All reviews are supervised by the Board or staff. (d) The examination fees for regular or specially-arranged examinations in all classifications and the fees for examination reviews may be in the form of cash, check, money order, Visa or Mastercard made payable to the Board and must accompany the respective applications when filed with the Board. (e) Examination fees received with applications filed for qualifying examinations shall be retained by the Board unless: (1) an application is not filed as prescribed in Rule .0210 of this Section, in which case the examination fee and application shall be returned; or (2) the applicant does not take the examination during the examination period applied for which application was made, and files with the Board a written request for a refund, setting out extenuating circumstances. , and the The Board shall refund the examination fee if it finds extenuating circumstances. (f) Examination review fees are non-refundable unless the applicant does not take the review, and files with the Board a written request for a refund, setting out extenuating circumstance. , and the The Board shall refund the fee if it finds extenuating circumstances. (g) Any fee retained by the Board shall not be creditable toward the payment of any future application of examination fee or the fee for an examination review. (h) Extenuating circumstances for the purposes of Paragraphs (e)(2) and (f) of this Rule shall be the applicant 's illness, bodily injury or death, or death of the applicant's spouse, child, parent or sibling, or a breakdown of the applicant's transportation to the designated site of the examination or examination review. History Note: Authority G.S. 87-42; 87-43.3; 87-43.4; 87-44; Eff. October 1, 1988; Amended Eff. May 1, 1998; July 1, 1989; Temporary Amendment Eff. June 30, 2000; Temporary Amendment Eff. August 31, 2001; Amended Eff. January 1, 2008 .0303 ELECTRICAL INSTALLATION: PROJECT: PROJECT VALUE-LIMITATION For the purpose of implementing G.S. 87-43.3 pertaining to the limited and intermediate electrical contracting license classifications, the following provisions shall apply: (1) Electrical Installation. Electrical work is construed to be an electrical installation when the work is made or is to be made: (a) in or on a new building or structure; (b) in or on an addition to an existing building or structure; (c) in or on an existing building or structure, including electrical work in connection with lighting or power rewiring or with the addition or replacement of machines, equipment or fixtures; or (d) in an area outside of buildings or structures, either overhead or underground or both. (2) Project. An electrical installation is construed to be a separate electrical contracting project if all the following conditions are met: (a) the installation is, or will be, separate and independently supplied by a separate service, feeder or feeder system; and (b) the installation is for: (i) an individual building or structure which is separated from other buildings or structures by a lot line or, if located on the same lot with other buildings or structures, is physically separated from such other buildings or structures by an 6 open space or an area separation fire wall; (ii) an individual townhouse single-family dwelling unit constructed in a series or group of attached units with property lines separating such units; (iii) an individual tenant space in a mall-type shopping center; (iv) an addition to an existing building or structure; (v) an existing building or structure, including electrical work in connection with lighting or power rewiring or with the addition or replacement of machines, equipment or fixtures; or (vi) an outdoor area either overhead or underground or both. (c) the negotiations or bidding procedures for the installation are carried out in a manner totally separate and apart from the negotiations or bidding procedures of any other electrical installation or part thereof; (d) except for new additions, alterations, repairs or changes to a pre-existing electrical installation, no electrical interconnection or relationship whatsoever will exist between the installation and any other electrical installation or part thereof; (e) a separate permit is to be obtained for each individual building structure or outdoor area involved from the governmental agency having jurisdiction; and (f) if a question is raised by a party at interest or if requested by the Board or Board's staff for any reason, the owner or the awarding authority or an agent of either furnishes to the Board, and to the inspections department having jurisdiction, a sworn affidavit confirming that each and every one of the conditions set forth in (2)(a) through (e) of this Rule are satisfied. (3) Relationship of Plans and Specifications to Definition of Project. Even though such electrical work may not fully comply with each and every condition set out in Subparagraph (2) of this Rule, the entire electrical work, wiring, devices, appliances or equipment covered by one set of plans or specifications is construed to be a single electrical contracting project. (4) Project Value Limitation. In determining the value of a given electrical contracting project, the total known or reasonable estimated costs of all electrical wiring materials, equipment, fixtures, devices, and installation must be included in arriving at this value, regardless of who furnishes all or part of same, and regardless of the form or type of contract or subcontract involved. As an example, on a given electrical contracting project, the owner or general contractor will furnish all or part of the electrical wiring, material, etc. and (a) if the total cost of the wiring, materials, etc., including that furnished by others, plus the total cost of the installation involved, will be more than forty twenty–five thousand dollars ($4025,000) but not more than one hundred ten seventy-five thousand dollars ($11075,000), then only an electrical contractor holding either an intermediate or unlimited license shall be eligible to submit a proposal or engage in the project. (b) if the total cost of the wiring, materials, etc., including that furnished by others, plus the total cost of the installation involved, will exceed one hundred ten seventy-five thousand dollars ($11075,000), then only an electrical contractor holding an unlimited license shall be eligible to submit a proposal or engage in the project. If a given electrical contracting project is subdivided into two or more contracts or subcontracts for any reason, then the total value of the combined contracts or subcontracts which may be awarded to or accepted by any one licensee of the Board must be within the total project value in accordance with this Rule. The Board's staff shall make a determination of what constitutes a project in any given situation, and any party at interest shall have the right to appeal any staff determination to the Board for a final binding decision. History Note: Authority G.S. 87-42; 87-43; Eff. October 1, 1988; Amended Eff. February 1, 1996; February 1, 1990. Amended Eff. January 1, 2008. .0404 ANNUAL LICENSE FEES (a) The annual license fees and license renewal fees for the various license classifications are as follows: LICENSE FEE SCHEDULE CLASSIFICATION LICENSE FEE Limited $ 60.00 $75.00 Intermediate $100.00 $115.00 Unlimited $150.00 $165.00 SP-SFD $ 60.00 $75.00 Special Restricted $ 60.00 $75.00 (b) License fees may be paid by in the form of cash, check, money order, Visa or Mastercard made payable to the Board. 7 Payment and must accompany any the applicant’s license application or license renewal application when either is filed with the Board. History Note: Authority G.S. 87-42; 87-44; Eff. October 1, 1988; Amended Eff. May 1, 1998; July 1, 1989; Temporary Amendment Eff. June 30, 2000; Temporary Amended Eff. August 31, 2001; Amended Eff. December 4, 2002. Amended Eff. January 1, 2008. MESSAGE FROM FORMER BOARD CHAIRMAN CURTIS KENNEDY Board History Continued – Concluding Chapter In previous newsletters, we have glanced back and explored four major periods in our Board’s history spanning from the initial enactment of our Electrical Contracting Licensing Act in 1937 to the date Mr. Oscar Greene, Jr. stepped down from the Board’s Chairmanship June 30, 1986. These four periods are rightly known throughout the electrical industry as the eras of Nathaniel Ellis (N. E.) Cannady, Jr.; Richard Blair (Dick) Boyd, Jr.; Howard R. Pancoast; and Oscar Greene, Jr. In the concluding chapter, we will look back and explore the period in the Board’s history spanning from June 30, 1986 through June 30, 2007. A period which merits to be deemed as the “Era of Administrative Excellence” in the Board’s history. Continuing with the Board’s history, upon the conclusion of Mr. Greene’s Chairmanship, the Board members elected Professor William T. (Bill) Easter to succeed Mr. Greene as Board Chairman effective July 1, 1986. Professor Easter was the fifth member of the Greater University of North Carolina faculty appointed by the Governor to serve on the Board and the first and only one to date from that faculty to be elected Chairman of the Board. He was an outstanding Board leader having been elected by his fellow Board members to serve as Chairman for eight consecutive years from July 1, 1986 to June 30, 1994. Some of the important events in the Board’s history during Professor Easter’s Chairmanship include: • The resignation of Jeff Rodriquez as the Board’s Examinations and Field Representative Coordinator effective February 1, 1987. Mr. Rodriquez was the successor to Mr. H. Lloyd Maynard who had rendered outstanding service for several years in this position. Mr. Maynard had left the Board’s employment to join the faculty of Fayetteville Technical Community College; • Employed Jerry Burch for the position of the Examinations and Field Representative Coordinator on the Board’s staff effective January 11, 1988; • Mr. Richard B. “Dick” Boyd, Jr. retired from his position with the NC Department of Insurance effective July 1, 1988 thus ending his more than twenty-one years of distinguished service as the NC Commissioner of Insurance’s appointee to the Board, effective June 30, 1988; • Upon Mr. Boyd’s retirement, Commissioner Jim Long immediately appointed Mr. Alan Barringer to succeed Mr. Boyd as his appointee to the Board effective July 1, 1988; • The Board entered into a reciprocal licensing agreement with the State of Georgia’s Contractors Licensing Board effective July 28, 1988; • The Board entered into a reciprocal licensing agreement with the State of Alabama’s Contractors Licensing Board effective February 24, 1989; • The Board cancelled the reciprocal agreement previously entered into with the State of Florida’s Electrical Contracting Licensing Board effective March 22, 1989; • The Electrical Contracting Licensing Act was amended by the NC Legislature increasing the current project value limitation of the Limited License classification from $10,000 to $17,500 and increasing the current project value limitation of the Intermediate License classification from $50,000 to $75,000 effective August 1, 1989; • The Electrical Contracting Licensing Act was amended to provide that the Governor’s appointee of the Electrical Contractor At-Large Board member must now be a member of the Carolinas Electrical Contractors Association (CECA) in good standing, holding a 8 current unlimited license classification and recommended by the CECA Board of Directors effective October 1, 1990; • The Electrical Contracting Licensing Act was amended authorizing the Board to establish continuing education requirements for all qualified persons listed on a license issued by the Board and to develop the necessary rules and regulations for the implementation of these requirements effective October 1, 1990; • The Board began publishing in the Board’s periodic newsletters the records of all criminal and civil court cases and all other disciplinary actions taken against licensees of the Board and non-licensees effective November, 1990; • The Board implemented the continuing education requirements for all listed qualified individuals effective July 1, 1991; • The Board cancelled the reciprocal licensing agreement previously entered into with the State of Virginia’s Contractors Licensing Board effective July 16, 1992. After serving eight years as Board Chairman, Professor Easter chose to step down from his chairmanship effective July 1, 1994. During Professor Easter’s eight years of Chairmanship, he was privileged to serve with other Board members, in the order of their appointments, Messrs. Oscar Greene, Jr.; Richard B. (Dick) Boyd, Jr.; Larry L. Woodall, Jr.; J. Harold Garland; Robert L. Linton; William H. (Bill) Roberts; J. Alan Barringer; J. Michael Silver; George T. Glenn; and Thomas P. Beattie. Professor Easter retired from the Board effective April 15, 1995 after having rendered thirteen years of distinguished Board service. Mr. Alan Barringer was elected by his fellow Board members to succeed Professor Easter as Board Chairman effective July 1, 1994. Some of the important events in the Board’s history during Mr. Barringer’s chairmanship include: • Mrs. Hattie Saleeby retired from her position as Office Manager after completing more than twenty-four years continuous service as a member of the Board’s staff effective September 1, 1994; • Mrs. Epsie Stevens was hired for the position of Administrative Assistant on the Board’s staff on May 1, 1995; • Mrs. Jackie Young retired from her position as License Coordinator after having served on the Board’s staff for more than twenty years effective July 1, 1995; • The Electrical Contracting Licensing Act was amended to increase the current project value limitation of the Limited License classification from $17,500 to $25,000 and to reduce the current project value limitation of the Special Restricted Single Family Detached Residential (SP-SFD) License classification from unlimited dollar value to $25,000, the same as the Limited License classification effective July 1, 1995; • The Electrical Contracting Act was amended authorizing the Board to assess civil penalties not to exceed $1,000 against violators of the licensing laws and/or the Board’s rules and regulations effective December 1, 1995; • Mrs. Christine Lewis retired from her position as Administrative Assistant after serving on the Board’s staff for more than twenty-five years effective March 1, 1996; • One of the important events occurring during Mr. Barringer’s chairmanship was the occurrence of efforts to place the Board’s staff under the North Carolina State Employees Personnel Act. The Board was successful in putting down any thoughts or efforts in this direction. Had this threat become a reality and/or success, this certainly could have been the dawning of the sun setting of the Occupational Licensing Board’s all over again and could have led to the demise of the autonomy of the Boards as now exist. Overcoming this threat was a landmark event under Mr. Barringer’s leadership as Chairman. Due to an unfortunate back injury suffered by Mr. Barringer while he was on official duty as a state employee, it became necessary for him to take disability leave from his position with the Department of Insurance. His injury subsequently necessitated his retirement from the Department. During Mr. Barringer’s Chairmanship, he was privileged to serve with other Board members, in the order of their appointments, Professor William T. (Bill) Easter; Messrs. Garfield Gwyn; J. Michael Silver; Joseph E. Guill; H. Dan 9 Southerland, Sr.; Thomas B. Beattie; Professor Gary L. Lebby; Messrs. T. Gray Brant; and Julian R. Burns. Upon Mr. Barringer’s retirement from the Department of Insurance, it became necessary for Insurance Commissioner Jim Long to appoint a successor to fulfill Mr. Barringer’s unexpired term on the Board. Commissioner Long appointed his Deputy, Mr. J. Lee Hauser to succeed Mr. Barringer as his official appointee to the Board effective July 1, 1996. Upon Mr. Barringer’s retirement and the appointment of his successor, the Board members elected Mr. Thomas P. Beattie to succeed Mr. Barringer as Chairman of the Board effective July 1, 1996. Mr. Beattie was the first Board member representing the public to be elected to serve as the Board’s Chairman effective July 1, 1996. Some of the important events occurring during Mr. Beattie’s chairmanship were: • The Board and the electrical industry as a whole were saddened by the death of Mr. Joseph E. Guill, who had retired from the electrical industry and was appointed by the Governor to serve as a public member on the Board. Mr. Guill passed away September 13, 1996 leaving the public member position on the Board vacant. • The Electrical Contracting Licensing Act was amended to provide for a staggered term system for Board members and when this system is fully implemented, all Board members’ term will be seven year terms with only one Board member’s term expiring each year effective January 1, 1997; • The Board’s rules applicable to examinations were amended by changing the current time limit for taking an examination in the regular classification from 8 hours to 6 hours; and by adding business questions to the examination specifications, these questions based on the National Association of State Contractors Licensing Agencies’ (NASCLA) Business Management Publication; and by adding questions on fire alarm systems to the Board’s examinations, these questions based on the National Fire Protection Association’s (NFPA) Publication NFPA 72 effective September 1997; • The Board re-established a reciprocal licensing agreement with the State of Florida’s Electrical Contracting Licensing Board effective December 1997; • Mrs. Epsie Stevens was promoted to the position of Office Manager on the Board’s staff effective April 1, 1998; • The Board launched it’s website – www.ncbeec.org effective June, 1998; • This writer was appointed by Governor Jim Hunt to the Board effective June 15, 1998 as a public member to complete the remainder of the unexpired term left vacant by Mr. Guill’s death, term expiring April 15, 2000; • The Board and a host of others across the legal profession were saddened by the untimely death of Attorney William (Bill) Hoke, who had rendered outstanding service as the Board’s legal counselor continuously from 1970 until his death on November 12, 1998; • The Board was fortunate to obtain the services of Mr. John N. (Nick) Fountain as the Board’s legal counselor January 1, 1999. Mr. Fountain, a well versed lawyer in Occupational Licensing Board matters was the right person at the right time to fill this important legal position with the Board. • The Board, after reviewing several different drafts, unanimously adopted a submittal by Mr. Julian Burns for the Board’s first official mission statement as follows: To protect the life, health and property of the public through examination of applicants, education of licensees and discipline of individuals to promote quality electrical contracting in accordance with the North Carolina General Statutes Chapter 87-Article4. Effective March 1999 • The Board’s rules and regulations applicable to the minimum experience requirements for examination applicants were amended by increasing the minimum primary experience required of applicants for the Limited classification from two years to four years; and for applicants for the Intermediate classification from four years to six years and for applicants for the Unlimited classification from five years to seven years; and for applicants in the Special Restricted Single Family Detached Residential Dwelling (SP-SFD) classification from two years to three years effective March 1999; • On June 30, 1999, Mr. Beattie chose to step down from the Board chairmanship after having 10 served three years as Chairman. During Mr. Beattie’s chairmanship, he had the privilege of serving with other Board members, in the order of their appointments, Messrs. Joseph Guill; Dan Southerland; Julian Burns; Gray Bryant; Dr. Garry Lebby; Lee Hauser; Curtis Kennedy; and Tim Bradley. Mr. Beattie completed his seven year term and retired from the Board June 30, 2000. Dr. Jim Clark was appointed by Governor Easley to succeed Mr. Beattie as a public member on the Board effective July 1, 2000. Upon the closure of Mr. Beattie’s tenure as Chairman, the Board unanimously elected Mr. Julian Burns to succeed him as Board Chairman effective July 1, 1999. Mr. Burns was the ninth person appointed to the Board by the North Carolina Association of Electrical Contractors and the second to serve as Chairman since the Licensing Law was enacted in 1937. Some of the important events occurring in the Board’s history during Mr. Burn’s chairmanship were: • The Board entered into a reciprocal licensing agreement with the State of Mississippi’s Contractors Licensing Board effective January 1, 2000; • Mr. Curtis Max Thompson was employed for the position of Field Representative joining the other two Field Representatives, Jesse Skinner and Robert (Gus) Lawson on the Board’s staff effective June 1, 2000; • The Board entered into a reciprocal licensing agreement with the State of West Virginia’s Contractors Licensing Board effective August 2000; • One of the most important events in the Board’s history occurred when the Board, after much study and evaluation, adopted a major change in the Board’s examination procedures. This change involved converting the Board’s long standing pencil-paper type of examination to a computer based examination system. Under the pencil-paper examinations, it took several weeks to grade, evaluate and develop an analysis of the examination results before examinees could receive their examination grades. Also examinations were administered on a semi-annual basis in limited geographical locations in North Carolina. Under the new computer based examination system, examinations are made available to eligible applicants on an almost daily basis in numerous locations within North Carolina and in other states as well effective May 1, 2001; • The Board pursued and obtained an amendment to the Electrical Contracting Licensing Act authorizing the Board to (1) purchase property for the Board’s office in lieu of leasing office space; (2) to implement a staggered license renewal system whereby license renewals are spread throughout the year on a daily basis, speeding up the renewal process; and (3) to increase the fee schedule. The last change in fees took place in 1979. All three authorizations became effective July 1, 2001. In the matter of authority for the Board to purchase office space in lieu of leasing, the Board, after a thorough study of the proposition of owning versus leasing office space, concluded at this time that the Board could better affect leasing space in lieu of owning property thus continuing with the leasing arrangements the Board has with the Davidson-Jones Northside Properties, a company from which the Board has leased office space for them for more than fifty years; • After thoroughly considering versions of proposals for a Board Employee Evaluation System, the Board unanimously adopted a version submitted by Mr. Burns. Under this system, the Executive Director is evaluated by the Board Chairman and the Board’s Finance and Personnel Committee Chairman on an annual basis. The Executive Director evaluates each staff member in a semi-annual basis with assistance from the Board’s Disciplinary Committee in the evaluation of the Board’s Field Representatives. The Board considered this system to be a fair and equitable way to determine employee performance and salary merits at the end of each fiscal year effective March 2002; • The Board re-established the reciprocal licensing agreement, previously cancelled, with the State of Georgia’s Contracting Licensing Board effective April 1, 2002. On June 30, 2002, Mr. Burns’ seven year term as the NCAEC’s appointee came to a close. The NCAEC appointed Mr. Larry L. Woodall, III to succeed Mr. Burns effective July 1, 2002. During Mr. Burns’ tenure as Board Chairman, he was privileged to have served with other Board members, in the order of their appointments: Mr. Dan Southerland, Dr. Gary Lebby, Messrs. Gray Bryant, 11 Curtis Kennedy, Tim Bradley, Dr. Jim Clark and Mr. Jerry Tucker. Upon Mr. Burns’ retirement from the Board, the Board members unanimously elected Mr. Gray Bryant to succeed Mr. Burns as the Board’s Chairman. Mr. Bryant was the first and only Electrical Inspector member of the Board to have served as Chairman of the Board to date. Some of the most important events occurring in the Board’s history during Mr. Bryant’s chairmanship included: • The Board held a public hearing for the purpose of updating the Board’s rules and regulations and procedures for establishing licensing reciprocity agreements with other states and for the adoption of new rules applicable to responsibility requirements of licensees and qualified individuals in November 2002; • The Board granted a hearing for the National Electrical Contractors Association (NECA) to present their request for the Board to do whatever was necessary to have a contractor member of NECA added to the Board member structure in order for NECA to have representation on the Board equivalent to the North Carolina Association of Electrical Contractors (NCAEC) and the Carolinas Electrical Contractors Association (CECA). After receiving and considering NECA’s presentation, the Board determined that this was a Legislative matter for others and took no action on NECA’s request in December 2006; • The Board, after receiving and considering NECA’s request, voted unanimously to add a link www.accneca.org to the Board’s website in December 2002; and • After a thorough review of the Board’s schedule for the “Retention and Disposition” of the Board’s records, the Board voted unanimously to update the schedule as recommended by the Executive Director in 2002; and • The NC Council of State approved the Board’s proposal to relocate the Board’s office from 1200 Front Street, Raleigh, NC to 3101 Industrial Drive, Raleigh, NC. The Board approved the lease agreement for this new location worked out by the Executive Director and the Davidson-Jones Northside Properties in June 2003. Mr. Bryant’s term as the Electrical Inspector member on the Board expired June 30, 2003. During Mr. Bryant’s chairmanship, he was privileged to have served with other Board members, in the order of their appointments: Dr. Gary Lebby; Messrs. Curtis Kennedy; Tim Bradley; Dr. Jim Clark; Messrs. Jerry Tucker; and Larry Woodall, III. Upon Mr. Bryant’s retirement from the Board, Governor Easley appointed Mr. Roy Wilson, Sampson County Inspections Department to succeed Mr. Bryant as the Electrical Inspector appointment to the Board. Mr. Wilson’s appointment was for a three year period completing the implementation of the Board member staggered term system. Dr. Jim Clark was elected to succeed Mr. Bryant as Chairman of the Board effective July 1, 2003. Dr. Clark was the second public member to serve as the Board’s Chairman. Some of the important events occurring in the Board’s history during Dr. Clark’s chairmanship included: • The Board established the “Continuing Education Instructor of the Year” award and developed the criteria for selecting the instructor most deserving of this award effective November 2003; • Mr. Jerry Burch resigned from his position of Examinations and Field Representative Supervisor on the Board’s staff effective February 17, 2004; • The Board approved the design of an official “Qualified Individual” patch. These patches were made available to all qualified individuals on record at no cost provided written requests were filed with the Board no later than June 30, 2004. After this date, these patches are available at no cost to each person taking and passing a qualifying examination. Additional patches may be purchased by qualified individuals at a cost of $6.00 each effective March 30 2003; • Mr. William A. (Al) Parris was employed for the position of Examinations-Field Representative Supervisor succeeding Mr. Jerry Burch on the Board’s staff effective July 12, 2004; • The Board entered into a licensing reciprocity agreement with the State of Louisiana’s Contracting Licensing Board effective September 24, 2004; • The Board and a host of others throughout the electrical industry were saddened by the death of Mr. Richard B. (Dick) Boyd, Jr., long standing 12 former member and Chairman of the Board on April 10, 2005. On June 30, 2005, Dr. Clark chose to step down from the Board’s chairmanship. During Dr. Clark’s tenure as Chairman, he was privileged to serve with other Board members in the order of their appointments: Dr. Gary Lebby; Messrs. Curtis Kennedy; Tim Bradley; Larry Woodall, III; Jerry Tucker; Roy Wilson; and Dr. Tony Mitchell. At the closure of Dr. Clark’s tenure as Chairman, the Board unanimously elected this writer to serve as Board Chairman effective July 1, 2004. Some of the important events occurring during this writer’s tenure as Chairman included: • The North Carolina Association of Electrical Contractors appointed Mr. Julian Burns to succeed Mr. Larry Woodall, III as that Association’s appointee to the Board effective July 1, 2005; • Mr. Burns is the first person ever to have a second tenure as a Board member, having retired from the Board and after a period of elapsed time, received another appointment to the Board; • The North Carolina School Board’s Association suit to recover from State Licensing Boards any late filing and penalty fees collected and retained by these Boards was settled by the NC State Supreme Court’s ruling that these fees were not defined as fees or penalties under the NC State Constitution effective July 1, 2005; • The Board held a rulemaking public hearing to receive public input into the Board’s proposed amendments to the Board’s rules and regulations applicable to authorized legal action by the Board’s staff; to the waiting periods between examinations; to the duties of listed qualified individuals; and to continuing education requirements on September 15, 2005; • The Board officially adopted all of the amendments as proposed at the September 2004 public hearing effective November 14, 2005; • Mr. Roy Wilson resigned as the Governor’s Electrical Inspector Board member appointee and was immediately employed by the Board for the position of Field Representative on the Board’s staff effective December 1, 2005. Mr. Wilson was the second person in the Board’s history to serve as a Board member and subsequently employed by the Board as a member of the Board’s staff; • The Board accepted a report that the National Association of State Contractors Licensing Agencies’ Business and Law manual, currently being utilized with the Board’s examinations, will be republished in partnership with CASA/Fenix Enterprises effective February 1, 2006. The Board voted to continue utilizing this manual after republication on December 15, 2005; • Mr. Gray Bryant was appointed by the Governor to fulfill the unexpired term on the Board left vacant by the resignation of Mr. Roy Wilson as the Governor’s Electrical Inspector appointee effective December 2005. Mr. Bryant was the second person in the history of the Board to receive another appointment to the Board after being off the Board for an elapsed period of time; • The Board’s rule applicable to the waiting period between examinations was amended by reducing the waiting period for examinees making a failing grade from 74 to 65 from 6 months to 3 months effective January 1, 2006. • The Board approved a draft for legislation increasing the project value limitations for the Limited and Intermediate license classifications on February 21, 2006; and • The Board authorized the assembling of Industry Advisory Committees to study and make recommendations regarding financial requirements for licensees; and the need, if any, for the enactment of laws and rules and regulations governing residential elevators. February 23, 2006. On June 30, 2006, this writer stepped down from the Board’s chairmanship. During his chairmanship, he was privileged to have served with other Board members in the order of their appointments: Mr. Tim Bradley; Dr. Jim Clark; Mr. Roy Wilson, Dr. Tony Mitchell; Mr. Jerry Tucker; Mr. Julian Burns; and Mr. Gray Bryant. At the closure of this writer’s chairmanship, the Board elected Dr. Jim Clark to chair the Board effective July 1, 2006. Dr. Clark was the first Board member in the history of the Board to be elected Chairman for a second tenure after having served a previous tenure as Chairman. Some of the important events in the Board’s history during Dr. Clark’s second tenure as Chairman included: • The Board approved the Board’s Rules Committee’s formulation of advisory 13 committees to assist the Board regarding financial requirements for licensees and requirements governing residential elevator installations. These advisory committees were to be structured as follows: Licensee Financial Requirements: One member representing the Carolina Electrical Contractors Association (CECA); One member representing the North Carolina Association of Electrical Contractors (NCAEC); One member representing the International Association of Electrical Inspectors (NCIAEI); One member representing the banking industry; One member representing the insurance industry; One member representing the electrical material suppliers; One Unlimited licensee; One Intermediate licensee; One Limited licensee; Residential Elevator Requirements: One NECA representative; One NCAEC representative; One NCIAEI representative; One representative from the NC Department of Labor (NCDPL) Elevator Division; Kevin Leonard, Legal Counsel, Elevator Industry Workforce Preservation Fund; and Two Special Restricted Elevator (SP-EL) licensees. Subsequently the following persons representing the above entities were assembled for a meeting with the Board’s Rules Committee: Mr. Tim Bradley, Chairman, Rules Committee; Curtis Kennedy, Member, Rules Committee; Dr. Tony Mitchell, Member, Rules Committee, Dr. Jim Clark, Board Chairman; Nick Fountain, Board Counsel; Robbie Brooks, Executive Director; Al Parris, Board staff; Henry Jenkins, NCIAEI, Wake County Inspections; Rob Blackmon, CECA, Tech Electric; Hoyt Stephens, Supplier, Farmer Electrical Sales; John Turnage, Education, Contractor Education Services; Don Henderson, Financial, Henderson & Co., PA; Alan Tilley, Intermediate Licensee, Northern Electric of Durham; Kipp Whitley, Insurance, Federated Insurance; Mike Wilson, Limited Licensee, Mike Wilson Electric; Steve Finch, Unlimited Licensee, Finch Electrical Service, Inc.; Ricky Rouse, NCAEC, Triple R Electric; Suzanne Taylor, NC Dept. of Insurance; Mickey Shuskey, NCIAEI, Greensboro Inspections Department; Steve Pendergraph,CECA, Pendergraph Electric; Larry Woodall, NCAEC, Woodall Electric; John Godwin, SP-EL Licensee, Southeast Elevator; Mike Mebane, SP-EL Licensee, Thyssenkrupp Elevator; Greg Rodgers, Elevator Industry Workforce Preservation Fund; Jack Cozort, Legal Counsel, Elevator Industry Workforce Preservation Fund; Kenneth Pekrun, Atlantic Elevators; Bruce Austin, Atlantic Elevators; Jeff Malarnoy, Legal Counsel, Atlantic Elevators; John Hoomani, Legal Counsel, NC Dept. of Labor; Art Britt, NCDOL, Thomas Chambers, NCDOL; Reid Fountain, Board Counsel; Barry Gupton, NC Dept. of Insurance; Jonathan Brooks, NCDOL, Kevin Leonard, Legal Counsel, Elevator Industry Workforce Preservation Fund. After a through exchange of ideas and thoughts, the Financial Advisory Committee could find no fault with the Board’s current financial requirements for licensees and had no recommendations for changes in the present requirements. The Committee did suggest that the Rules Committee and the Board consider adding some financial requirements for examination applicants and that the Continuing Education Committee consider adding more business related classes to the continuing education program. The consensus of the Residential Elevator Advisory Committee was that this should be a matter handled by the North Carolina Department of Labor. The Rules Committee reported the results of these meetings with the two Advisory Committees and the concluding consensus of the members on the committees and recommended the Board’s approval as reported by the Rules Committee. The Board concurred with the Rules Committee’s report, September 2006; • The Board’s staff developed and implemented an email system of communications making available to inspection departments and continuing education providers updated information on the Board’s website, September 2006; • Due to family necessities, Mrs. Epsie Stevens resigned from her position as Office Manager on the Board’s staff after eight years of outstanding service in this position. The Executive Director successfully negotiated with Mrs. Stevens to remain on the Board’s staff in a part time 14 arrangement to meet the Board’s and her needs. Effective October 13, 2006; • Mrs. Mary Higgins was employed for the position of Office Manager on the Board’s staff effective January 1, 2007 succeeding Mrs. Stevens. Mrs. Higgins was formally employed as Administrative Assistant to Mr. Tim Bradley with the NC Department of Insurance; • The new North Carolina State Government Ethics Act became effective January 1, 2007 clarifying the standards of ethics required of NC State Government officials including members of the State’s Occupational Licensing Boards. Effective January 1, 2007; • Due to threats of identity theft and other security concerns, the Board amended the continuing education requirements by eliminating the provisions requiring full social security numbers. Effective January 1, 2007; • The Board approved the Rules Committee’s proposed amendments to the Board’s Rule .0209 applicable to Examination Fees; to Rule .0303 applicable to Project Value Limitations; and to Rule .0404 applicable to License Fees and scheduled a public hearing to be held September 12, 2007 for the purpose of receiving public input to the Board’s proposed rules changes. June 30, 2007; and • The Board approved proposed revisions to the Board’s Records Retention and Disposition Schedule. June 30, 2007. Dr. Clark chose to step down from his second tenure as Board Chairman effective June 30, 2007. During his second tenure as Chairman, Dr. Clark was privileged to have served with other Board members in the order of their appointment: Messrs. Curtis Kennedy; Tim Bradley; Jerry Tucker; Dr. Tony Mitchell; Messrs. Gray Bryant and Julian Burns. The Board elected Mr. Jerry Tucker to succeed Dr. Clark as Chairman effective July 1, 2007. Mr. Tucker is the first person representing the Carolina’s Electrical Contractor’s Association (CECA) or a member of the Carolina’s Chapter of the National Association of Electrical Contractors (NECA) (the Electrical Contractors Association succeeded by CECA) appointed by the Governor to have ever been elected to serve as the Board’s Chairman. In this concluding Chapter, we have glanced back into the immediate past 21 years from June 30, 1986, the date Mr. Oscar Greene, Jr. stepped down from the Board’s chairmanship, to June 30, 2007. These 21 years of Board history, we defined in the beginning of this chapter as the period of “Administrative Excellence”. Because of his outstanding management of the Board’s every day operation during this 21 year period; the manner in which he has executed the Board’s policies and directives throughout this period; the manner in which he has lifted the Board’s respectability and reputation to the highest level throughout our state and nation; his excellent handling of his duties as the Board’s Secretary-Treasurer throughout this period; the outstanding manner in which he has carried out the Board’s responsibilities as co-sponsor of our nation’s greatest and most respected electrical industry meeting, our own annual North Carolina Electrical Institute meeting; his development and maintenance of a proficient staff throughout this period; the outstanding manner in which he, together with the Board’s attorney, has chaperoned the Board’s desired legislation through the Legislature and the Board’s desired rules and amendments to the Board’s rules through the North Carolina Rules Review Commission for rulemaking; his superior representation of the Board through his participation in the National Association of State Contractors Licensing Agencies (NASCLA) serving as NASCLA’s President and Chairman of several NASCLA committees; his leadership in the International Association of Electrical Inspectors while representing our Board; his longstanding representation of the Board as a voting member of the National Fire Protection Association (NFPA); his representation of the Board through his service as Treasurer and Planning Committee Member on the NC Electrical Apprentice Contest Committee since its inception; his efficient direction of processing 69,487 applications for examinations, administering 48,840 qualifying examinations and issuance of 15,889 new licenses during this 21 year period; the proficient manner in which he has directed the Board’s disciplinary matters; the proficient manner in which he has managed the Board’s reciprocal licensing agreements with other states; the highly respectable manner in which he has represented the Board in his relationship with administrators of other licensing agencies and commissions in our state and other states across the nation; his receipt of the Honorary Member Award from the National Association of State Contractors Licensing Agencies, two Distinguished Service Awards from the NC Ellis Cannady Chapter of IAEI, and the prestigious Richard B. “Dick” Boyd, Jr. Award, all depicting his leadership abilities and representation of the Board and 15 his many other attributes as the Board’s Executive Director, it is fitting and most appropriate to proclaim that 21 year period of “Administrative Excellence” to be better known as the Robert Lee (Robbie) Brooks, Jr.” Era. This important Era takes its rightful place along with the “Nathaniel Ellis (N.E.) Cannady, Sr.”; “Richard B. (Dick) Boyd, Jr.”; “Howard R. Pancoast”, and “Oscar Greene, Jr.” Eras in the Board’s history. May the “Robert Lee (Robbie) Brooks, Jr.” Era extend far into the Board’s future. In the beginning of this exploration into our Board’s history, we stated that sometimes a look back into history is helpful in better understanding the present and planning for the future. If this glance back into our Board’s history has brought more enlightenment to those of interest as to the purpose for which the initial enactment of our state’s Electrical Contracting Licensing Act was enacted and for which our Board was established in 1937 and for which our Licensing Act was re-written and re-enacted in 1969; and if it will in any way be helpful in the Board’s planning for the future, then this effort has not been in vain. In concluding this glance back into our Board’s history, it is my privilege to close on a personal note. I am extremely grateful for having had the opportunity to be associated with a great, if not the greatest, government regulatory licensing board anywhere, either directly or indirectly for 58 of the 70 years of our Board’s existence. First, as a recipient of the Board’s invaluable assistance when I was engaged in local governmental electrical inspections in our mutual efforts to provide our fellow citizens in North Carolina with the safest possible electrical environment, protecting life and property from the hazards of electricity, then as an employee of the Board serving as the Board’s Executive Director and after a period of retirement from the Board’s staff, I was appointed by Governor James B. Hunt, Jr. to the Board as a public member and ultimately honored by my fellow Board members electing me to serve as the Board’s Chairman. This association with our Board has played a major role in my life’s journey. June 30, 2007 brought to a close my tenure as a member of our Board and as I drift off into the latter part of my life’s journey, I depart paying my highest tribute to all in the electrical industry with whom I have had the opportunity to be associated over the years; and to all the Board members for whom I had the privilege to work; and to all of the Board members with whom I had the honor to serve; and to all the staff members with whom I had the privilege to serve; and to Robbie Brooks and his staff, past and present; and to an outstanding group of Board attorneys, Messrs. John Jordan, Charlie Morris, Eugene Hafer; and William (Bill) Hoke, whose invaluable legal counsel helped me in carrying out my duties as the Board’s Executive Director; and to the incomparable John N. (Nick) Fountain and his son Reid, who during my 9 year tenure as a member of our Board, provided legal counsel to our Board of a caliber unsurpassed and finally to all I say with deep appreciation and a grateful heart – “THANKS FOR THE MEMORIES”. Respectfully, Curtis Kennedy DISCIPLINARY ACTIONS AVAILABLE ON-LINE The Board has established and implemented a public awareness program to inform the general public by recently updating its website, www.ncbeec.org to include public record information regarding disciplinary action taken against qualified individuals and licensees of the Board. If the Board has taken disciplinary action against a qualified individual or licensee it will show under “Find A Licensed Contractor”. This licensee lookup only shows active licensees. The Disciplinary note will reflect the case number, the date case was closed, violation, and resolution. RECENT DISCIPLINARY ACTIONS TAKEN BY THE BOARD COURT CASES CASE FILE NUMBER: #2005-177 NON-LICENSEE: Warren Ansel Moody, Moody Electric ADDRESS: 520 Corbly Drive Hendersonville, NC 28739 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Polk County Superior Court resulting in entry of Court Order on December 1, 2006, whereby Warren Ansel Moody individually and d/b/a Moody Electric is permanently restrained from engaging in the business of electrical contracting as defined in 16 Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: December 1, 2006 ****************************************** CASE FILE NUMBER: #2006-44 NON-LICENSEE: Brian Andrew Culbertson ADDRESS: 4325 Bishamon Street Hope Mills, NC 28348 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Cumberland County Superior Court resulting in entry of Court Order on October 30, 2006, whereby Brian Andrew Culbertson is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: October 30, 2006 ****************************************** CASE FILE NUMBER: #2006-113 NON-LICENSEE: Robert Jeffrey Albritton, Jr., Albritton’s Electric ADDRESS: P. O. Box 86 Farmville, NC 27828 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Pitt County Superior Court resulting in entry of Court Order on October 23, 2006, whereby Robert Jeffrey Albritton, Jr. and Albritton’s Electric is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: October 23, 2006 CASE FILE NUMBER: #2006-140 NON-LICENSEE: Allen Boyer, Allen’s Electric ADDRESS: 197 Ocean Blvd. Southern Shores, NC 27949 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Dare County Superior Court resulting in entry of Court Order on November 2, 2006, whereby Allen Boyer, Allen’s Electric is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: November 2, 2006 ****************************************** CASE FILE NUMBER: #2006-186 NON-LICENSEE: Franklin Cochran and Hugh Cochran Cochran Electric, Inc. ADDRESS: 200 Caley Road Apex, NC 27502 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Wake County Superior Court resulting in entry of Court Order on November 13, 2006, whereby Franklin Cochran and Hugh Cochran, Cochran Electric, Inc. is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when a license has been issued from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: November 13, 2006 ****************************************** CASE FILE NUMBER: #2006-195 NON-LICENSEE: Jesse L. Simpkins, Jr., Simpkins Home Improvements ADDRESS: 816 Dappa Road Maysville, NC 28555 VIOLATION: Engaging in the business of 17 electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Jones County Superior Court resulting in entry of Court Order on February 9, 2007, whereby Jesse L. Simpkins, Jr. individually and d/b/a Simpkins Home Improvement is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. EFFECTIVE DATE: February 9, 2007 ****************************************** CASE FILE NUMBER: #2006-226 NON-LICENSEE: Robert Lee Hargrove, Hargrove Home Service ADDRESS: 232 West Andrews Avenue Henderson, NC 27536 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Vance County Superior Court resulting in entry of Court Order on March 9, 2007, whereby Robert Lee Hargrove individually and d/b/a Hargrove Home Service is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. EFFECTIVE DATE: March 9, 2007 ****************************************** CASE FILE NUMBER: #2006-250 NON-LICENSEE: Earl Edwards, Earl Edwards Handy Man ADDRESS: 694 Beston Road LaGrange, NC 28551 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Wayne County Superior Court resulting in entry of Court Order on March 26, 2007, whereby Earl Edwards individually and d/b/a Earl Edwards Handy Man is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: March 26, 2007 ****************************************** NOTICE OF VIOLATION CASE FILE NUMBER: 2006-19 LICENSEE: Evans Electrical Enterprises ADDRESS: 2914 Philliphs Ave Greensboro, NC 27405 LISTED QUALIFIED INDIVIDUAL: Shamori Demont Evans LICENSE NUMBER: 24691-L VIOLATION(S): Violation of 87-47 (a1), (2), and (7) in that the firm: (1) Failed to install wiring in accordance with the North Carolina State Electrical Code, NFPA 70 National Electrical Code; and (2) Engaged in malpractice and unethical conduct by delaying completion of the electrical contracting project located at 1124 Thomas Avenue, Burlington, NC. BOARD ACTION: The Board, acting through its staff, proposed the imposition of a civil penalty in the amount of five hundred dollars ($500.00), with suspension of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Complete all electrical contracting projects in a timely manner; (3) Obtain an approved final inspection within ten (10) days after completion of all electrical contracting projects; and (4) Within six (6) months enroll and successfully pass a course related to generators. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: February 22, 2007 ****************************************** 18 CASE FILE NUMBER: 2006-152 LICENSEE: Shiloh Electric of Gastonia, Inc. ADDRESS: 145 Little Country Lane Kings Mountain, NC 28086 LISTED QUALIFIED INDIVIDUAL: Thomas Leroy Kos LICENSE NUMBER: 8091-L VIOLATION(S): Violation of 87-41.1 (2) and 87- 43.2 (a1) in that Thomas Leroy Kos, listed qualified individual, failed to properly supervise and direct the electrical work installed at 2300 Tradewind Court, Gastonia, NC. BOARD ACTION: The Board, acting through its staff, proposed the imposition of a warning and notified the qualified individual that failure to properly supervise and direct all employees and projects in the future will result in more serious disciplinary action. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: February 22, 2007 ****************************************** CASE FILE NUMBER: 2006-216 LICENSEE: Allen Electrical Contractors ADDRESS: 314 Walk A Long Way Mt. Holly, NC 28120 LISTED QUALIFIED INDIVIDUAL: Kenneth Wayne Allen LICENSE NUMBER: 22206-U VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: (1) failed to complete the electrical contracting project in a timely manner; (2) failed to act promptly upon the request by the electrical inspector; and (3) failed to complete all code violations on the job. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and one (1) year probation. The specific conditions of your probation period are that no further violation of Chapter 87, Article 4 of the General Statutes or the Rules of the Board and during the first six (6) months of probation Kenneth Wayne Allen shall complete either a 32 hour Level II inspector’s course or 40 hours of classroom continuing education by a qualified sponsor and have a passing grade upon completion. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 CASE FILE NUMBER: 2006-219 LICENSEE: Venture Electric Co. ADDRESS: PO Box 4594 Archdale, NC 27263 LISTED QUALIFIED INDIVIDUAL: John C. Hamby LICENSE NUMBER: 20415-L VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: (1) used a 4 foot ground rod for a new service located at 3837 Raintree Drive, Greensboro, NC. This is code violation 250.52 (a) (5); and (2) used a 4 foot ground rod for saw services located at #5 Glenrose Court and 3811 Raintree Drive, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-220 LICENSEE: Blaney Electric, Inc. ADDRESS: 130 Newnam Road Stokesdale, NC 27357 LISTED QUALIFIED INDIVIDUAL: Timothy Keith Blaney LICENSE NUMBER: 16329-I VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a new service located at 2607 Walker Avenue, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-221 LICENSEE: Basic Electric, Inc. ADDRESS: P. O. Box 577 Indian Trail, NC 28079 LISTED QUALIFIED INDIVIDUAL: C. Steve Clardy LICENSE NUMBER: 3685-U 19 VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a saw service located at 1725 Walker Ave. Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-223 LICENSEE: Freeman Electric LLC ADDRESS: 111 Trail One, Suite 200 Burlington, NC 27215 LISTED QUALIFIED INDIVIDUAL: Albert Lee Freeman LICENSE NUMBER: 10516-L VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for two (2) saw services located at 2301 and 2302 Nelson Farm Road, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-246 LICENSEE: Chavis Electric ADDRESS: 1139 McArthur Rd. Maxton, NC 28364 LISTED QUALIFIED INDIVIDUAL: Henry Clay Chavis LICENSE NUMBER: 5683-U VIOLATION(S): Violation of 87-47 (a1) (1) (5) and (7) in that the firm: (1) Engaged in electrical contracting projects located in Robeson County with an expired license; and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and further requirements that before applying to renew the electrical license Mr. Chavis must pay all penalties and license fees to cover the period without license. Further proposed a one (1) year probation following license renewal with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-247 LICENSEE: Riverton Electric Company ADDRESS: 2725 Spring Hill Rd. Red Springs, NC 28377 LISTED QUALIFIED INDIVIDUAL: Burlie Dawson Locklear LICENSE NUMBER: 9763-L VIOLATION(S): Violation of 87-43, 87-47 (a1) (2) (3) (7) in that the firm: (1) Sold or transferred the license to James Cummins (unlicensed person) to perform electrical contracting work at 25 Darkwater Drive, Pembroke, NC; (2) Aided or abetted James Cummins (unlicensed person) to engage in the business of electrical contracting; and (3) Engaged in unethical conduct in the use of the license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and two (2) years probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and 20 (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-249 LICENSEE: Electrical Services Limited ADDRESS: P. O. Box 592 Wilson, NC 27893 LISTED QUALIFIED INDIVIDUAL: Randy Martin Howard LICENSE NUMBER: 11579-U VIOLATION(S): Violation of 87-43, 87-47 (a1), (1), (6) (7) and 153A-357 (a)(4) in that the firm: (1) Failed to obtain required permit from Johnston County Inspection Department; (2) Engaged in false or misleading advertising by operating a unlicensed branch office at 2407 West 5th Street, Washington, NC; and (3) Engaged in misconduct in the practice of electrical contracting. BOARD ACTION: The Board, acting through its staff, proposed the imposition of a reprimand and a civil penalty in the amount of five hundred dollars ($500.00) and one (1) year probation, with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: February 22, 2007 ****************************************** CASE FILE NUMBER: 2006-266 LICENSEE: Arnold Revels Electrical Company ADDRESS: 211 McQueen Rd. Shannon, NC 28386 LISTED QUALIFIED INDIVIDUAL: Arnold Von Revels LICENSE NUMBER: 17740-L VIOLATION(S): Violation of 87-43, 87-47 (a1) (2) (3) (7) in that the firm: (1) Sold or transferred the license to James Cummins (unlicensed person) to perform electrical contracting work at 25 Darkwater Drive, Pembroke, NC; (2) Aided or abetted James Cummins (unlicensed person) to engage in the business of electrical contracting; and (3) Engaged in unethical conduct in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $1,000.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-269 LICENSEE: D & J Electrical Contracting LLC ADDRESS: 110 Backfield Dr. Newport, NC 28570 LISTED QUALIFIED INDIVIDUAL: Jeffrey Blair White LICENSE NUMBER: 26445-U VIOLATION(S): Violation of 87-47 (a1) (1) and (7) in that the firm: (1) allowed David Anderson Watts, owner of D & J Electrical Contracting LLC, to continue operating a full time electrical contracting business while Mr. White was on active duty in other employment; and (2) failed to notify the Board that you were no longer the listed qualified individual, for D & J Electrical Contracting LLC. BOARD ACTION:The Board, acting through its staff, proposed that Jeffrey Blair White enroll in the 21 approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-271 LICENSEE: B. S. Carroll, Inc. ADDRESS: 2400 Baileys Crossroads Rd. Coats, NC 27521 LISTED QUALIFIED INDIVIDUAL: Ricky Nathan Carroll LICENSE NUMBER: 20081-L VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Exceeded the scope of the Limited Electrical Contractor License (#20081-L) by bidding and engaging in eight (8) electrical contracting projects in the City of Fayetteville, NC; and (2) Engaged in malpractice in the use of the license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 CASE FILE NUMBER: 2006-276 LICENSEE: Tarheel Electric Service ADDRESS: 563 Deer Run Road New Bern, NC 28562 LISTED QUALIFIED INDIVIDUAL: Garland David Jarman LICENSE NUMBER: 26424-SP-SFD VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Engaged in the electrical contracting project located at 112 Mangrove Drive, Emerald Isle, NC without the required permit and inspections; (2) Installed electrical contracting work with violations of the National Electrical Code; and (3) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Garland David Jarman attend a forty hour Level I Inspector Course and present evidence of a passing score by December 31, 2007. Staff further proposed twenty four (24) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-6 LICENSEE: Mr. Sign Guy, Inc. ADDRESS: 2040-G South Park Drive Winterville, NC 28590 LISTED QUALIFIED INDIVIDUAL: Kevin Thomas Dwyer LICENSE NUMBER: 25117-SP-SFD VIOLATION(S): Violation of 87-47 (a1) (7) in that the firm: (1) Failed to properly supervise work carried out by employees of Mr. Sign Guy Inc., being unaware of the wiring methods used to complete the project at 395 Westwood Shopping Center, Fayetteville; and (2) Failed to call for an inspection when the project was complete, resulting in six months of calls by the Inspector to arrange an inspection on an electrical 22 contracting project for Embarq Communications, Inc. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-12 LICENSEE: A & K Builder & Electric, Inc. ADDRESS: 2600 Baytree Dr. Greensboro, NC 27455 LISTED QUALIFIED INDIVIDUAL: William M. Davidson, III LICENSE NUMBER: 13804-L VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a saw service located at 2715 Grimsley Street, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-13 LICENSEE: J. R. Ross Electric, Inc. ADDRESS: 4520 Shoaf Road Winston-Salem, NC 27127 LISTED QUALIFIED INDIVIDUAL: John Raymond Ross LICENSE NUMBER: 19284-SP-SFD VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a saw service located at 2011 Muirfield Place, Clemmons, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-19 LICENSEE: W. W. Weaver Electric, Inc. ADDRESS: 414 W. Terminal Blvd. Atlantic Beach, NC 28512 LISTED QUALIFIED INDIVIDUAL: Walter Wesley Weaver LICENSE NUMBER: 7084-L VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Failed to request timely electrical inspections for the Pancake House electrical contracting project located at 184 Highway 24, Morehead City, NC; and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Walter Wesley Weaver enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by July 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-21 LICENSEE: D & J Electrical Contracting LLC ADDRESS: 110 Backfield Dr. Newport, NC 28570 LISTED QUALIFIED INDIVIDUAL: David Anderson Watts LICENSE NUMBER: 23311-L 23 VIOLATION(S): Violation of 87-47 (a1) (5) and Board Rule .0306 in that David Anderson Watts, D & J Electrical Contracting LLC failed to notify the Board that the listed qualified individual, Jeffrey Blair White had left the firm and committed himself as an employee in other employment. BOARD ACTION: The Board, acting through its staff, proposed that David Anderson Watts enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007 and pay a civil penalty of $500.00. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-31 LICENSEE: Lighthouse Electric, Inc. ADDRESS: 2400 Baileys Crossroads Rd. Coats, NC 27521 LISTED QUALIFIED INDIVIDUAL: Travis Carroll Pollard LICENSE NUMBER: 22882-L VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Exceeded the scope of his Limited Electrical Contractor License (#22882-L) by bidding and engaging in the electrical contracting project located at 1004 Procure Street, Suite 100, Fuquay-Varina, NC 27526. and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Travis Carroll Pollard enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007 and pay a civil penalty of $500.00. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-33 LICENSEE: Williams Brothers Electric ADDRESS: 764 Grants Creek Road Jacksonville, NC 28546 LISTED QUALIFIED INDIVIDUAL: Jonathan David Williams LICENSE NUMBER: 26273-L VIOLATION(S): Violation of 87-43, 87-47 (a1) (2) (3) (7) in that the firm: (1) Sold or transferred the license to Franklin Jones, Superior Heating & Air (unlicensed firm) to perform electrical contracting work in connection with their heating and cooling units; (2) Aided or abetted Franklin Jones, Superior Heating & Air (unlicensed firm) to engage in the business of electrical contracting; and (3) Engaged in unethical conduct in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $1,000.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-53 LICENSEE: BEVCO Electrical, Inc. ADDRESS: P.O. Box 6198 Raleigh, NC 27628 24 LISTED QUALIFIED INDIVIDUAL: Robert Conley Beverly, III LICENSE NUMBER: 12805-I VIOLATION(S): Violation of 87-47 (a1) (5) and (7) in that the firm: (1) Engaged in the electrical contracting project located at 108 Lochwood West Drive, Cary, NC and failed to correct violations of the National Electrical Code in a timely manner; (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Robert Conley Beverly, III enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-55 LICENSEE: J & D Sprinkler Company ADDRESS: 710 West Main Street Clayton, NC 27520 LISTED QUALIFIED INDIVIDUAL: Richard Mack Warren LICENSE NUMBER: 24258-L VIOLATION(S): Violation of 87-47 (a1) (1) (5) and (7) in that the firm: (1) Bid to perform electrical work at 7913 Smith Road, Apex, NC and collected $100.00 in advance; (2) Was not a representative of J & D Sprinkler Company during any time on this project; (3) Conducting his electrical contracting business in a name other than the licensed name issued by the Board; and (4) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Richard Mack Warren return the $100.00, enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-63 LICENSEE: James DiMuzio ADDRESS: P.O. Box 298 Whiteville, NC 28472 LISTED QUALIFIED INDIVIDUAL: James DiMuzio LICENSE NUMBER: 27049-U VIOLATION(S): Violation of 87-47 (a1) (5) and (7) in that the firm: (1) Engaged in unethical conduct by threatening Bryan Harvey Daniels American Eagle Electric with name infringement allegations; and (2) Engaged in misrepresentation in obtaining the license. BOARD ACTION: The Board, acting through its staff, proposed that James DiMuzio enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-67 LICENSEE: Ron Woodard, Jr. ADDRESS: 285 Shipwash Drive, Suite 102 Garner, NC 27569 25 LISTED QUALIFIED INDIVIDUAL: Ronald Woodard, Jr. LICENSE NUMBER: 27049-U VIOLATION(S): Violation of 87-47 (a1) (5) and (7) in that the firm: (1) Engaged in the electrical contracting project located at 1002 Heathwood Dairy Road, Apex, NC without the required permit and inspections; (2) Failed to properly supervise and direct employees working on the project; (3) Failed to complete the project; (4) Conducting his electrical contracting business in a name other than the licensed name issued by the Board; and (5) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Ronald Woodard, Jr. enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-70 LICENSEE: Granite City Electric ADDRESS: P. O. Box 1808 Mt. Airy, NC 27030 LISTED QUALIFIED INDIVIDUAL: Leonard D. Moore, Jr. LICENSE NUMBER: 15737-U VIOLATION(S): Violation of 87-47 (a1), (2) (3) (7) in that the firm: assigned the license by subcontracting with James Scales an unlicensed person to perform electrical contracting work on the Police Department Bike Shed project at Winston-Salem State University. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-85 LICENSEE: Richard Jones Electrical Service ADDRESS: 169 Forest Heights Rd Washington, NC 27889 LISTED QUALIFIED INDIVIDUAL: John Richard Jones LICENSE NUMBER: 10666-L VIOLATION(S): Violation of 87-47 (a1) (1) (5) and (7) in that the firm: (1) Engaged in the electrical contracting project located at 394 Morning Star Road, Pantego, NC with an expired license; and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that the project be awarded to a duly licensed electrical contractor and impose twelve (12) months probation with conditions that John Richard Jones not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** ORDERS CASE FILE NUMBER: 2006-95 LICENSEE: Wired Rite ADDRESS: P O Box 568 Wanchese, NC 27981 LISTED QUALIFIED INDIVIDUAL: Joey Allen Pudsey LICENSE NUMBER: 24636-L VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1) (2), (3), and (7) in that: 1. License was recently renewed by or on behalf of Respondent. 2. Notice was accepted by or on behalf of Respondent. 3. Respondent’s family advised the Respondent is out of the country, but Respondent made no contact with the 26 Board, and made no request for delay and gave no indication when he would return. 4. Respondent aided and abetted Allen Boyer, a non-licensee to engage in the business of electrical contracting by allowing Allen Boyer to use his license. 5. Available evidence indicates Respondent misrepresented his arrangement with Allen Boyer and engaged in unethical conduct and deceit in the use of his license. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: That the license of Respondent firm and the status of Respondent, Joey Allen Pudsey, be suspended until Respondent appears before the Disciplinary Committee to address the matter of substance abuse and questions as to the use and misuse of his license. There was no objection from Mr. Joey Allen Pudsey and the Recommended Order was approved by the Board as a Final Order on February 21, 2007. EFFECTIVE DATE: February 21, 2007 ****************************************** CASE FILE NUMBER: 2006-214 LICENSEE: Ward M. Wadsworth II Electrical Service ADDRESS: 311 Electric Lane Hampstead NC 28443 LISTED QUALIFIED INDIVIDUAL: Ward Mattocks Wadsworth II LICENSE NUMBER: 15055-L VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. Respondent undertook to perform electrical contracting work on property located at 1012 North New River Drive, Surf City, North Carolina, belonging to Ann Smith. In the course of work on the project Respondent: (a) failed to complete the project on a timely basis; (b) installed electrical wiring without an electrical permit and a local business privilege license; and (c) installed a new meter base and electrical wiring for a service without ground rods and energized the system without inspection. 2. Respondent had a previous complaint in April 2005 and in November 2005. Together the Respondent has demonstrated problems in obtaining permits, timely performance of work and obtaining money prior to performance of the agreed work. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the Respondent’s license to engage in business as an electrical contractor be placed on probation for a period of twelve (12) months, effective upon final action by the Board. 2. During the period of probation, Respondent shall comply with the following conditions of probation: (a) have written contracts or proposals signed by the licensee and customer for each installation over $100.00 for which licensee is responsible, including in the contract the completion dates for each phase of the contract and written, signed change orders where there are modifications; (b) obtain permits as required for each contract prior to commencement of work, retain a copy of the permit in the job file for each particular installation and assure that a final inspection has been performed by the Local Code Enforcement Official for each installation; (c) maintain job files or other written records of contracts made and installations performed; (d) obtain no funds for a project prior to passage of rough-in inspection, and no more than 50 percent of the price prior to passage of final inspection; (e) maintain records detailing and documenting his compliance with the provisions of this probation order which records shall be available for inspection at any time during normal business hours upon request of the staff of the Board; and (f) commit no violation of Article 4, Chapter 87 of the General Statutes or the Rules promulgated by the Board. 3. In the event of violation of the terms of the probation order, license of qualifier will be suspended for ninety (90) days, together with other sanctions for any violation of Article 4, Chapter 87 of the General Statutes. There was no objection from Mr. Ward Mattocks Wadsworth II and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2006-136 and 2006-185 LICENSEE: M/G Electrical Service ADDRESS: 84 Jared Drive Fuquay Varina, NC 27526-8755 LISTED QUALIFIED INDIVIDUAL: Michael Patrick Griffin LICENSE NUMBER: 25921 SP-SFD 27 VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1) (7) in that: 1. Respondent undertook to perform electrical contracting work on property located at Rawls Church Road, Lot 145 Victoria Hills II in Harnett County, North Carolina, belonging to Leon Anderson. In the course of work on the project Respondent: (a) failed to complete the project on a timely basis; (b) abandoned the project; and (c) failed to obtain a final inspection. 2. Respondent subcontracted with general contractor, Karl Kelly to perform electrical contracting work on property located at Lot 28 Ballard Woods in Harnett County, North Carolina. In the course of the project, Respondent: (a) failed to complete the project on a timely basis; (b) abandoned the project, left multiple code violations after stating to the general contractor the work was complete; and (c) failed to obtain a final inspection. 3. Respondent failed to notify the Board’s office in writing of address and telephone changes within thirty (30) days of new address. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the license of Respondent firm and the status of Respondent Michael Patrick Griffin as a qualifying individual be revoked. 2. That reinstatement of license be considered by the Board only after appearance before the Disciplinary Committee of the Board by Respondent and satisfactory explanation and resolution of the matters contained in the foregoing Findings of Fact. There was no objection from Mr. Michael Patrick Griffin. and the Recommended Order was approved by the Board as a Final Order on February 21, 2007 EFFECTIVE DATE: February 21, 2007 ****************************************** CASE FILE NUMBER: 2006-176 LICENSEE: Richard`s & Son Electrical Service ADDRESS: 214 Windsor Drive Angier, NC 27501 LISTED QUALIFIED INDIVIDUAL: Richard Alexander Cratch, III LICENSE NUMBER: 10809-U VIOLATION(S): 1. The Board staff alleged that during June 2006, Respondent undertook to perform electrical contracting work on property located at 1018-F Shoppes at Midway Drive, in Knightdale, N.C., under contract with VN Enterprises Corp. Respondent submitted an electrical proposal which was accepted. In the course of the contract, Respondent: (a) received $20,000.00 before starting any work on the project; (b) refused to begin work on the Knightdale project; and (c) refused to return the $20,000.00 start work payment to VN Enterprises Corp. despite failure to perform the work. 2. Respondent undertook to perform electrical contracting work on property known as An Chau Plaza located at 2821 Brentwood Road, Raleigh, North Carolina, also belonging to VN Enterprises Corp. Substantial dispute arose as to the obligation between the parties. 3. Respondent denied any impropriety as to either project. BOARD ACTION: Based upon the foregoing Findings of Fact, review of the evidence and Conclusions of Law, the Board entered the following order: 1. Respondent is placed on probation for a period of two (2) years, and thereafter until final resolution of legal proceedings with VN Enterprises. 2. During the probation Respondents firm and individual shall comply with the following terms and conditions: (a) provide proof to the Board within 30 days, that he has deposited the full amount of $20,000.00 with the Wake County Clerk of Superior Court for distribution pursuant to Court Order in litigation entitled Richard’s & Son Electrical Service vs. VN Enterprises Corp.; (b) have written contracts signed by the Respondent and customer for each installation in excess of $100.00 for which Respondent is responsible; (c) obtain permits as required for each contract prior to commencement of work; (d) maintain a job file for each job, containing the records of that project, including a copy of the contract and permit; (e) request inspection within 10 days of substantial completion, as to both the rough-in and final stage of the project; (f) collect no more than 50% of the project cost until passage of final inspection; (g) enroll in and pass the Board Disciplinary Business Class offered by Continuing Education Services, LLC or a class of equal depth approved by the Board; and (h) commit no violation of Article 4, Chapter 87 or the Rules of the Board with regard to any qualification administered by the Board. 28 3. In the event of violation of terms of this probation order, this Order may be entered into evidence together with evidence of any such violation and the Board may take such action including revocation or suspension of license as is justified by the new evidence in addition to the violation of this Order. 4. During the period of probation, the foregoing records and the contracting activities of the Respondent shall be monitored by the staff of the Board. The Consent Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2006-180 LICENSEE: Lloyd McGraw ADDRESS: P. O. Box 699 Carthage, NC 28327 LISTED QUALIFIED INDIVIDUAL: James Lloyd McGraw Jr. LICENSE NUMBER: 16440-L VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1)(3), (6) and (7) in that: 1. Respondent undertook to perform electrical contracting work on a swimming pool project located at 8161 Inverness Circle in Laurinburg, North Carolina. In the course of work on the project Respondent: (a) failed to complete the project on a timely basis; (b) abandoned the project; and (c) failed to obtain a final inspection. 2. Respondent aided and abetted an unlicensed person, Nathan McGraw, to carry out electrical wiring under Respondent’s license inasmuch as Nathan McGraw was not a bona fide employee of Respondent. 3. Respondent advertised as McGraw Electric when the Board’s records reflect the license is issued as James Lloyd McGraw, Jr., individual. 4. Substantial question was raised at the hearing as to responsibility for the alleged problem in the electrical system. 5. Respondent explained to the Board his son worked regularly for him, that he regretted the failure to account for the work correctly, and that he would promptly correct the name of the business both on the Board records and in the field. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the licensee be admonished to contract in the name in which his license is listed and to be sure all persons working under his license are bona fide employees. There was no objection from Mr. James Lloyd McGraw Jr. and the Recommended Order was approved by the Board as a Final Order on February 21, 2007 EFFECTIVE DATE: February 21, 2007 ****************************************** CASE FILE NUMBER: 2006-267 ADDRESS: 138 Bailyn Lane Stanfield, NC 28163 EXAMINATION APPLICANT Larry W. Earnhardt VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. Promissor, a national testing company contracted by the Board, submitted evidence which appeared to establish Respondent had cheated on the Limited Electrical Examination on October 26, 2006, at the Huntersville North Carolina testing location by bringing and using unauthorized material into the test site. 2. Respondent admitted to the Committee that he had in fact brought study material to the examination despite his knowledge of the Board requirements and his previous denial. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the results of the October 26, 2006, examination be sealed. 2. That any request by the Respondent to sit for examination be denied until Respondent complies with the following requirements: (a) attendance at an examination review offered by the Board; (b) enrollment in and passage of the Contractor Business class offered by Continuing Education Services, LLC or an equivalent approved by the Board; and (c) enrollment in and passage of the Board Disciplinary Code Class offered by Continuing Education Services, LLC or an Electrical Code Class of equal depth approved by the Board. 3. It is the purpose of this Order to prepare Respondent properly and to cause additional delay in sitting for the exam. There was no objection from Mr. Larry W. Earnhardt and the Recommended Order was approved by the Board as a Final Order on February 21, 2007. EFFECTIVE DATE: February 21, 2007 ****************************************** 29 CASE FILE NUMBER: 2007-10 LICENSEE: Mechworks Mechanical Contractors Inc. ADDRESS: PO Box 427 Beaufort NC 28516 LISTED QUALIFIED INDIVIDUAL: Robert Andrew Smith LICENSE NUMBER: 23160-L VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. Respondent offered to perform electrical contracting work on a project known as the HVAC Renovation of Morehead City Elementary School at Camp Glen, North Carolina, exceeding the license limitation of Respondent. 2. Respondent submitted a mechanical and electrical bid for the project which included electrical work far in excess of the Limited license of the Respondent, whose firm is primarily involved in work as a mechanical contractor. Respondent expected to subcontract the electrical work. 3. Subsequent to the bidding of the project, legislation was enacted by the North Carolina General Assembly such that a bid of the type on a public project would be proper today. The particular project was rebid and the bid awarded to another contractor. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: That a warning be issued on the license record of Respondent and Respondent be admonished to maintain a current knowledge of the latest statute revisions pertaining to his license. There was no objection from Mr. Robert Andrew Smith and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2007-46 LICENSEE: Power Source Electrical Construction Company ADDRESS: P. O. Box 684 Fayetteville, NC 28302 LISTED QUALIFIED INDIVIDUAL: Thomas Kevin Smalls LICENSE NUMBER: 13791-I VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. A final decision was entered by the Board on May 31, 1989, issuing a reprimand on the License Record of Mr. Smalls. 2. A final decision was issued by the Board on December 14, 1993, denying the application for reinstatement of the license of Power Source Electrical Construction Company, revoking the right of Thomas Kevin Smalls to serve as a listed qualified individual on any license issued by the Board, and ordering that Mr. Smalls during the twelve months immediately preceding any application before the Board, acquire at least 1,000 hours of progressive electrical experience with an employer which the Board finds reputable. 3. A Consent Order was issued by the Board on June 24, 1999, ordering that license be reissued effective July 1, 1999 upon payment of appropriate license fees and that upon issuance of license the license be suspended ninety days by reason of violations set out in the order and license would be reinstated at the end of ninety days without further action by the Board. The Board also admonished Respondent that display of a firearm to a customer or at a job site will be grounds for discipline by the Board. 4. In this proceeding, the evidence confirmed Respondent has failed to complete jobs on a timely basis, has failed to secure permits prior to performance of the work and failed to obtain final inspections after numerous installations and warning by the local inspection department. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the license of Respondent firm and the status of Respondent, Thomas Kevin Smalls, Power Source Electrical Construction Company, as a qualifying individual be placed on probation for a period of twelve (12) months, effective upon final action by the Board. 2. During the period of probation, Respondent shall comply with the following conditions of probation: (a) have written contracts or proposals signed by the licensee and customer for each installation for which licensee is responsible and which have a contract price over $100.00; (b) obtain permits as required for each contract prior to commencement of work, retain a copy of the permit in the job file for each particular installation and assure that a final inspection has been performed by the Local Code Enforcement Official for each installation; (c) submit to the Board within 10 days after the end of each month, a list reflecting the job location and name of jurisdiction, telephone number of the 30 owner, permit number, date of permit, date of installation, dates of passage of final inspection; (d) maintain job files or other written records of contracts made and installations performed; (e) maintain records detailing and documenting his compliance with the provisions of this probation order which records shall be available for inspection at any time during normal business hours upon request of the staff of the Board; and (f) commit no violation of Article 4, Chapter 87 of the General Statutes or the Rules promulgated by the Board. 3. Respondent is reminded that work on projects under his license may be carried out only by his employees, and that arranging final inspection and access to the property is the responsibility of the Respondent. 4. Staff is directed to spot check installations. 5. In the event of violation of the probation order, license will be suspended for ninety (90) days, plus additional sanctions for any new violation of Article 4, Chapter 87 of the General Statutes. There was no objection from Mr. Thomas Kevin Smalls and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2007-87 LICENSEE: Ivey and Sons Electric ADDRESS: 3752 Alamac Road Lumberton, NC 28358 LISTED QUALIFIED INDIVIDUAL: Jeffrey Ronald Ivey LICENSE NUMBER: 25196-L VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1) (7) in that: The Board having reviewed the proposed Consent Order, having heard the statements of counsel for the Board and having reviewed the results of Complaint investigations carried out by Board staff, finds and concludes as follows: 1. The Respondent holds License No. 25196. 2. Complaints have been made to the Board and staff has carried out an investigation which has raised questions with respect to the handling of funds in connection with jobs, completion of work, and compliance with requirements of the North Carolina Building Code (National Electric Code). The Respondent has acknowledged there exists a problem and has made partial effort to address the problem. The Respondent has represented that he desires to surrender his License and does not desire to contest the matters raised as a result of the Complaint investigation. Respondent represents that he is not at this time in business as an electrical contractor. 3. In order to resolve all the matters at issue with the Board, the Respondent and Board staff propose that the Respondent be permitted to tender his license and status as a qualified individual and that this Board accept the tender in lieu of all disciplinary proceedings. Mr. Ivey understands that upon acceptance of this proposal he will no longer have the status as a licensee or qualified individual and that he would not have the right to enter into this field of endeavor in the future unless his future request is granted by the Board. Mr. Ivey understands that such a petition could be opposed by the Board staff and counsel. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: Based upon the foregoing findings and conclusions and with the consent of the Respondent, Jeffrey Ronald Ivey, and upon the recommendation of Board staff, the Board enters the following Order: 1. The proposal by Respondent to tender his license and status as a qualified individual is accepted; 2. Respondent is no longer an electrical contractor nor a listed qualified individual within the meaning of Article 4, Chapter 87 of the General Statutes, effective immediately; and 3. This Board retains complete discretion to grant or deny any future petition for reinstatement of license and impose such conditions as it may see fit after evaluation of the efforts of Respondent to resolve customer issues which have arisen in the course of the Board investigation. There was no objection from Mr. Jeffrey Ronald Ivey and the Recommended Order was approved by the Board as a Final Order on February 21, 2007. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-113 ADDRESS: 2514 Bedford Ave. Raleigh, NC 27605 EXAMINATION APPLICANT James Justin Moore VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(4) in that Applicant had criminal convictions that raised issues with respect to the character and fitness of the Applicant. BOARD ACTION: After a hearing before the Board 31 Disciplinary Committee, the Committee recommended: 1. That the examination application of the Applicant be approved subject to the succeeding paragraphs. 2. That the Applicant take and pass the Board-approved contractor remedial business course and a course on estimating prior to sitting for the examination. 3. That the Applicant continue substance abuse counseling and random drug tests until passing the examination. 4. That Applicant have no new charge or conviction of a crime other than speeding less than 10 miles over the limit or equivalent prior to passing the examination. There was no objection from Mr. James Justin Moore and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2007-114 LICENSEE: Federal Supplies, Inc. ADDRESS: 5117 Rodwell Road Fayetteville NC 28311 LISTED QUALIFIED INDIVIDUAL: Richard Weylin Sandlin LICENSE NUMBER: 27313-U VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1)(4) in that Respondent had criminal convictions that raised issues with respect to the character and fitness of the Respondent. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the license application of the Respondent be allowed subject to the succeeding paragraphs. 2. That the Respondent comply with all Federal requirements and the special requirement that he remain free of alcohol or controlled substances until May 2009 and that electrical contracting license be considered to be on probation. 3. A positive drug test or violation of the Federal Supervised Release Order or violation of Article 4, Chapter 87 of the North Carolina General Statutes will result in suspension of license for one (1) year. There was no objection from Mr. Richard Weylin Sandlin and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 DATES AHEAD 2007 IAEI SOUTHERN SECTION MEETING The International Association of Electrical Inspectors (IAEI) will hold its Annual Southern Section Meeting at the Shoals Marriott Hotel & Conference Center, Florence, Alabama, October 7-10, 2007. For detailed information, contact Donnie Cook, Meeting Chairman, Telephone 205-620-6650, Email: dcook@shelbycountyalabama.net. 2007 ELECTRICAL APPRENTICE CONTEST The 23rd Annual Electrical Apprentice Contest will be held October 17, 2007 at the NC State Fairgrounds. For detailed information, contact the NCDOL Apprenticeship and Training Bureau, Telephone 919- 733-7533. 2007 IAEI NC ELLIS CANNADY CHAPTER FALL MEETING AND CODE WORKSHOP The NC Ellis Cannady Chapter (IAEI) will hold its Annual Fall Meeting and Code Workshop at the University Hilton, Charlotte, NC, November 4-6, 2007. For detailed information, contact Gary Mullis, Secretary- Treasurer, Telephone 704-336-4364, Email: gary.mullis@mecklenburgcountync.gov. 32 CONSENT AGREEMENTS Criminal background checks a randomly conducted on examination applicants at the time examination applications are received and on listed qualified individuals at the time of issuance of a license and license renewal. Persons with criminal convictions are evaluated to determine if the matter is under the purview of the Board and may be resolved by consent agreement signed by the individual stating that they will be in full compliance of the court imposed sanctions and sanctions of the Board. The individual further acknowledges that failure to comply with the court or Board sanctions could lead to formal proceedings by the Board and more serious sanctions against the individual. Name City County License Bristol David Little Jr. Little Electric LLC Failure to disclose Court action to the Board. Board probation will begin on the date license is renewed and terminate November 1, 2009. Charlotte Mecklenburg 17275-L Christian Taylor Aldred Aldred Electric, Inc. Probation terminates August 9, 2009. Indian Trail Mecklenburg 5231-U LICENSEE – PERMIT WARNING AFFIDAVITS & VERBAL WARNINGS Staff obtains by consent a permit warning affidavit or issues a verbal warning in connection with permit and inspection requirements or other issues under the purview of the Board. The North Carolina Electrical Contracting Licensing Laws and Rules of the Board have been explained to each licensee representative and/or listed qualified individual below. Staff obtained by consent a permit warning affidavit signed by the licensee representative and/ or listed qualified individual or verbal assurance from the licensee representative and/or listed qualified individual stating that they will be in full compliance with the laws and rules applicable to electrical contracting. Licensee representative and/or listed qualified individual also acknowledges that further violations of this nature, if supported by evidence, could lead to formal proceedings against the licensee and listed qualified individual by the Board and to more serious sanctions against the license of the firm. Licensee Qualified Individual County File Number Catawba Valley Electrical Terry Lee Lemons Catawba 2006-228 Precise Electric Company Raymond T. Adams Johnston 2006-156 Advanced Electrical Solutions LLC of NC Brian Andrew Culbertson Cumberland 2006-134 Frank’s Electrical Contracting Co. Frank S. Boone McDowell 2006-258 Force Electric Inc. Michael Lee Sawyer Halifax 2006-270 Seaboard Electrical Services, Inc. Chris Keaton Pridgen Craven 2007-7 E.M. Paynter Electric Eddie Marvin Paynter Rockingham 2006-209 Mark Combs Electric Mark Anthony Combs Guilford 2006-255 Lowdermilk Electric, Inc. Dennis A. Sockwell Alamance 2007-26 BJ Livengood Electrical Mech & Welding Bobby G. Livengood, Jr. Chatham 2007-52 Lee Air Conditioners, Inc. David Kenneth Brese, Jr. Durham
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Title | Newsletter of the North Carolina State Board of Examiners of Electrical Contractors |
Other Title | Newsletter (North Carolina State Board of Examiners of Electrical Contractors) |
Date | 2007-08 |
Description | Edition no. 52 (August 2007) |
Digital Characteristics-A | 321 KB; 36 p. |
Digital Format | application/pdf |
Full Text | AUGUST 2007 EDITION #52 www.ncbeec.org MESSAGE FROM THE CHAIRMAN A Year of Firsts For the final year of my appointment to the board, I have been elected Chairman. This is the first time a member of the Carolina’s Electrical Contractors Association has served as Chairman, and I feel honored to have been elected. My father always said that you should try to improve the industry by your actions. I hope my service to this board has done so. Donna Baxter, Director of Physical Plant, at Brunswick Community College has been appointed by Governor Easley to succeed Curtis Kennedy. Her term is effective July 1, 2007 and will expire June 30, 2014. This is the first time a woman has served on the board, and we are looking forward to serving with her on the board. This will be the first year since my appointment that Curtis Kennedy will not be on the Board. Curtis was the first person to serve as both the Executive Director and Chairman of the Board during their career. He is a walking history book of the electrical industry in North Carolina as indicated by his articles in the Board newsletter. His many years of service to the Board are to be commended. Jerry Tucker, Board Chairman LICENSE LAW AMENDED The General Assembly has made changes in the classifications of electrical contractor licenses. Effective October 1, 2007 the project value limitation for the Limited license has been raised to $40,000. The project value limitation for the single-family residential dwelling license is also increased to $40,000. The project value limitation for the Intermediate license has been raised to $110,000. Thus, under the new law both the limited and single-family residential dwelling licensee are permitted to engage in a single electrical contracting project of a value not in excess of $40,000. The intermediate licensee is permitted to engage in a single electrical contracting project of a value not in excess of $110,000. In other amendments, the bonding ability was also raised to $40,000 for the Intermediate and $110,000 for the Unlimited. The new law authorizes the Board to modify the project value limitations by rule, no more than once every three years based on an increase or decrease in the project cost index for electrical projects in this State. OFFICERS ELECTED During its June, 2007 Regular Fourth Quarter Board Meeting, the Board elected officers to serve July 1, 2007 through June 30, 2008 as follows: Jerry L. Tucker – Chairman Gray Bryant – Vice Chairman Secretary-Treasurer – Robert L. Brooks, Jr. 2 Electrical Contractors Newsletter This newsletter is published semi-annually as a service to electrical contractor licensees and others in the electrical industry. Suggestions for articles of interest for publication in this newsletter are welcome. North Carolina State Board of Examiners of Electrical Contractors 3101 Industrial Drive, Suite 206 P. O. Box 18727 Raleigh, NC 27619-8727 Telephone: (919) 733-9042 Fax: (919) 733-6105 Website: www.ncbeec.org Michael F. Easley, Governor BOARD MEMBERS Jerry L. Tucker, Chairman High Point, NC Gray Bryant, Vice Chairman Mount Airy, NC Donna Baxter Boiling Springs Lake, NC Tim Bradley Raleigh, NC Julian R. Burns Charlotte, NC Dr. Jim Clark Burlington, NC Dr. Tony L. Mitchell Cary, NC STAFF MEMBERS Robert L. Brooks, Jr. Executive Director William A. Parris Continuing Education & Examinations Manager Robert H. Lawson Field Representative/Investigator Jesse H. Skinner Field Representative/Investigator Curtis Max Thompson Field Representative/Investigator Roy A. Wilson Field Representative/Investigator Mary B. Higgins Office Manager Michelle A. Ames Administrative Program Assistant-Exam Applications & Investigations Robert C. Bissette Administrative Program Assistant- Continuing Education & Licensing Tonya M. Lynch Administrative Program Assistant- Reception & Licensing Epsie D. Stevens Records Manager APPOINTMENT OF REGULAR BOARD COMMITTEES EFFECTIVE JULY 1, 2007 FINANCE COMMITTEE: To review the Board's finances and accounting reports and records; to review the State Auditor's annual report; to review general fund and capital budgets and recommend annual fees to fund these budgets; to review proposed budget adjustments; to review and recommend staff salaries and benefits; to review and evaluate office equipment and improvements needs; to make recommendations to the Board on all matters of finance; and to perform any other Board assignment in the area of finances. MEMBERS: Julian R. Burns, Chairman, Donna Baxter and Tim Bradley. RULES COMMITTEE: To periodically review the Board's general rules and regulations and the Board's rules and regulations for special restricted license classifications and to develop and recommend amendments to existing rules or new rules deemed necessary for the Board's implementation and administration of the North Carolina Electrical Contracting Licensing Act. MEMBERS: Tim Bradley, Chairman, Dr. Jim Clark and Dr. Tony Mitchell. APPLICATION AND CONTINUING EDUCATION COMMITTEE: (APPLICATION) To review and evaluate questionable applications for examinations and/or licenses, including appeals from any applicant dissatisfied with any decision of the Board's staff regarding such applicant's application; and to perform any other Board assignment in the area of examination or license applications. (CONTINUING EDUCATION) To periodically review the Board's rules and policies for continuing education and to develop and recommend amendments to existing rules and policies or new rules and policies deemed necessary to administer the Board's continuing education program. MEMBERS: Dr. Tony Mitchell, Chairman, Donna Baxter and Dr. Jim Clark. EXAMINATION COMMITTEE: To develop examination specifications, scope and questions for the various classifications of examinations; to develop examination administration and grading procedures; to review and evaluate all examination content and materials; to evaluate the examination programs of other states; to review and recommend for Board approval all examinations to be administered by the Board; and to perform any other Board assignment in the area of examinations. MEMBERS: Gray Bryant, Chairman, Julian R. Burns and Dr. Tony Mitchell. DISCIPLINARY COMMITTEE: To review and make preliminary determinations of charges of violations presented to the committee by staff; to recommend that charges be dismissed as unfounded or trivial; to issue notices of violations, including reprimands and assessments of civil penalties; to recommend to the Board that civil or other penalties be imposed or that compromises be accepted; and to perform any other Board assignment in the area of disciplinary matters. MEMBERS: Julian R. Burns, Chairman and Gray Bryant. 3 NEW BOARD MEMBER APPOINTED Governor Michael F. Easley appointed Donna Baxter to the State Board of Examiners of Electrical Contractors succeeding Curtis R. Kennedy. Ms. Baxter’s term will expire June 30, 2014. Ms. Baxter is the Governor’s public member appointee representing the interest of the public at large pursuant to NCGS 87-39. Ms. Baxter has worked thirty years in construction and maintenance areas, currently serving as Director of Physical Plant at Brunswick Community College. Ms. Baxter served for four years as Chairman of the Brunswick County Board of Education and also served for four years as a Boiling Spring Lakes Commissioner. She is the first woman appointed to the Board. Ms. Baxter resides in Boiling Spring Lakes. BOARD MEMBER TERM EXPIRES The term of Curtis R. Kennedy as a member of the State Board of Examiners of Electrical Contractors has recently expired. Mr. Kennedy served on the Board from 1998 – 2007. He was Board Vice Chairman from 2002- 2005 and was Board Chairman from 2005-2006. Mr. Kennedy served as the Executive Director of the Board from February 1, 1970 until his retirement on July 1, 1985. The Board greatly appreciates the outstanding contributions made by Mr. Kennedy to the electrical industry and the citizens of North Carolina. PRIVACY OF PERSONAL INFORMATION The Board is required to collect social security numbers for identification purposes only. To address the very real concerns about identity theft and fraud, new procedures have been implemented to protect the privacy of personal information the Board collects. Any documents the Board produces with the social security number will be displayed in a masked format, showing only the last four digits. In the past, when a Qualified Individual completed Continuing Education Credits through an approved Continuing Education Provider, he was asked to submit his/her social security number for identification. The Qualifier now only needs his/her last name and last four digits of his social security number for identification. REPORT ON ACTIVE LICENSES JULY 2007 Intermediate 567 Limited 8809 Unlimited 3,297 SP-SFD 538 SP-LV 775 SP-PH 292 SP-EL 42 SP-ES 58 SP-SP 17 SP-WP 50 Total 14,444 4 INSTRUCTOR OF THE YEAR AWARD The Board was proud to present Mr. Robert Ivey Gossett (Bob) the fourth Continuing Education Instructor of the Year award at the North Carolina Electrical Institute Meeting on April 3, 2007. Dr. Mitchell, Board Member and Chairman of the Continuing Education Committee, presented Mr. Gossett with the award. Mr. Gossett expressed his appreciation and thanked everyone for their dedication and friendship he has received throughout the many years he has been associated with the electrical industry. Mr. Gossett is an Unlimited Qualified Individual for the NC State Board of Examiners of Electrical Contractors and a Standard Level III Electrical Inspector for the NC Department of Insurance employed with City Hendersonville Inspection Department. He has been an asset to our Electrical Industry as a Continuing Education Instructor for Asheville Buncombe Technical Community College and Blue Ridge Community College. We attribute a great portion of the success of the Electrical Industry through Continuing Education by Providers and Instructors like Mr. Gossett. Mr. Gossett has a wife, Judy, and two sons Robert and Jonathan. He is also the proud grandfather of four, Katie, Jordan, Ty, and Lily. The Board would like to express their appreciation and gratitude to Mr. Gossett’s continued dedication and service for being an instructor for the Continuing Education Program. We would like to extend to Mr. Gossett continued success in the electrical industry. To cast your vote for the 2007 Continuing Education Instructor of the Year Award please look for the ballot on the Boards website at www.ncbeec.org under Continuing Education. BOARD’S EXAMINATION PROGRAM – 2008 NEC The Board’s qualifying examinations will be based on the 2005 National Electrical Code through June 30, 2008. Effective July 1, 2008, the Board’s qualifying examinations will be based on the 2008 National Electrical Code. Anyone wishing to apply for the qualifying examination should contact the board’s office for the Examination Information Handbook. Telephone/Voice Mail 1-800-392-6102. The 2008 National Electrical Code is available for purchase from the Board. Please use the Order Form contained in this Newsletter. ONLINE LICENSE RENEWAL Did you know you can renew your electrical contracting license online? No need for envelopes or stamps, simply go to the board’s website and select online services. This link will take you to a secure site where you will be able to verify and/or update your contact information and renew your electrical contracting license for the coming year. Online license renewal is available up to 60 days prior to the license expiration date. Currently a notice is mailed with renewal applications to those single qualifier licensees with continuing education already on file when renewal applications are printed. A user ID and password is printed on your renewal application. A valid Visa or Mastercard is required for payment. You are encouraged to take advantage of this service. Over the past year, approximately 2167 licensees have successfully renewed online. If you need to make changes to your license classification or license name, forms are available on the Board’s website under Need A Form. Remember, once your license has expired, you will be unable to utilize the online renewal. 5 RULES PUBLIC HEARING The State Board of Examiners of Electrical Contractors will conduct a rules public hearing at 2:00 PM on September 12, 2007, in the Board’s office located at 3101 Industrial Drive, Suite 206, Raleigh, North Carolina. The purpose of this hearing is to amend Board Rules cited as 21 NCAC 18B .0209, .0303 and .0404. The proposed effective date is January 1, 2008. The proposed action is to make updates based on recent legislation and increase fees. Persons interested in the proposed action may present written or oral statements at the public hearing or in writing prior to the hearing by mail addressed to: Robert L. Brooks, Jr., Executive Director, PO Box 18727, Raleigh, NC 27619. This Newsletter contains the complete text of each rule to be considered at the public hearing. Additions to the rule are underlined. Text to be deleted or replaced is crossed out. .0209 FEES (a) The examination fee for regular qualifying examinations is seventy-five dollars ($75.00) ninety dollars ($90.00) for all classifications. (b) The examination fee for a specially-arranged qualifying examination is two-hundred dollars ($200.00) for all classifications. (c) The fee for a supervised review of a failed examination with the Board or staff assistance is twenty-five dollars ($ 25.00) for all classifications. All reviews are supervised by the Board or staff. (d) The examination fees for regular or specially-arranged examinations in all classifications and the fees for examination reviews may be in the form of cash, check, money order, Visa or Mastercard made payable to the Board and must accompany the respective applications when filed with the Board. (e) Examination fees received with applications filed for qualifying examinations shall be retained by the Board unless: (1) an application is not filed as prescribed in Rule .0210 of this Section, in which case the examination fee and application shall be returned; or (2) the applicant does not take the examination during the examination period applied for which application was made, and files with the Board a written request for a refund, setting out extenuating circumstances. , and the The Board shall refund the examination fee if it finds extenuating circumstances. (f) Examination review fees are non-refundable unless the applicant does not take the review, and files with the Board a written request for a refund, setting out extenuating circumstance. , and the The Board shall refund the fee if it finds extenuating circumstances. (g) Any fee retained by the Board shall not be creditable toward the payment of any future application of examination fee or the fee for an examination review. (h) Extenuating circumstances for the purposes of Paragraphs (e)(2) and (f) of this Rule shall be the applicant 's illness, bodily injury or death, or death of the applicant's spouse, child, parent or sibling, or a breakdown of the applicant's transportation to the designated site of the examination or examination review. History Note: Authority G.S. 87-42; 87-43.3; 87-43.4; 87-44; Eff. October 1, 1988; Amended Eff. May 1, 1998; July 1, 1989; Temporary Amendment Eff. June 30, 2000; Temporary Amendment Eff. August 31, 2001; Amended Eff. January 1, 2008 .0303 ELECTRICAL INSTALLATION: PROJECT: PROJECT VALUE-LIMITATION For the purpose of implementing G.S. 87-43.3 pertaining to the limited and intermediate electrical contracting license classifications, the following provisions shall apply: (1) Electrical Installation. Electrical work is construed to be an electrical installation when the work is made or is to be made: (a) in or on a new building or structure; (b) in or on an addition to an existing building or structure; (c) in or on an existing building or structure, including electrical work in connection with lighting or power rewiring or with the addition or replacement of machines, equipment or fixtures; or (d) in an area outside of buildings or structures, either overhead or underground or both. (2) Project. An electrical installation is construed to be a separate electrical contracting project if all the following conditions are met: (a) the installation is, or will be, separate and independently supplied by a separate service, feeder or feeder system; and (b) the installation is for: (i) an individual building or structure which is separated from other buildings or structures by a lot line or, if located on the same lot with other buildings or structures, is physically separated from such other buildings or structures by an 6 open space or an area separation fire wall; (ii) an individual townhouse single-family dwelling unit constructed in a series or group of attached units with property lines separating such units; (iii) an individual tenant space in a mall-type shopping center; (iv) an addition to an existing building or structure; (v) an existing building or structure, including electrical work in connection with lighting or power rewiring or with the addition or replacement of machines, equipment or fixtures; or (vi) an outdoor area either overhead or underground or both. (c) the negotiations or bidding procedures for the installation are carried out in a manner totally separate and apart from the negotiations or bidding procedures of any other electrical installation or part thereof; (d) except for new additions, alterations, repairs or changes to a pre-existing electrical installation, no electrical interconnection or relationship whatsoever will exist between the installation and any other electrical installation or part thereof; (e) a separate permit is to be obtained for each individual building structure or outdoor area involved from the governmental agency having jurisdiction; and (f) if a question is raised by a party at interest or if requested by the Board or Board's staff for any reason, the owner or the awarding authority or an agent of either furnishes to the Board, and to the inspections department having jurisdiction, a sworn affidavit confirming that each and every one of the conditions set forth in (2)(a) through (e) of this Rule are satisfied. (3) Relationship of Plans and Specifications to Definition of Project. Even though such electrical work may not fully comply with each and every condition set out in Subparagraph (2) of this Rule, the entire electrical work, wiring, devices, appliances or equipment covered by one set of plans or specifications is construed to be a single electrical contracting project. (4) Project Value Limitation. In determining the value of a given electrical contracting project, the total known or reasonable estimated costs of all electrical wiring materials, equipment, fixtures, devices, and installation must be included in arriving at this value, regardless of who furnishes all or part of same, and regardless of the form or type of contract or subcontract involved. As an example, on a given electrical contracting project, the owner or general contractor will furnish all or part of the electrical wiring, material, etc. and (a) if the total cost of the wiring, materials, etc., including that furnished by others, plus the total cost of the installation involved, will be more than forty twenty–five thousand dollars ($4025,000) but not more than one hundred ten seventy-five thousand dollars ($11075,000), then only an electrical contractor holding either an intermediate or unlimited license shall be eligible to submit a proposal or engage in the project. (b) if the total cost of the wiring, materials, etc., including that furnished by others, plus the total cost of the installation involved, will exceed one hundred ten seventy-five thousand dollars ($11075,000), then only an electrical contractor holding an unlimited license shall be eligible to submit a proposal or engage in the project. If a given electrical contracting project is subdivided into two or more contracts or subcontracts for any reason, then the total value of the combined contracts or subcontracts which may be awarded to or accepted by any one licensee of the Board must be within the total project value in accordance with this Rule. The Board's staff shall make a determination of what constitutes a project in any given situation, and any party at interest shall have the right to appeal any staff determination to the Board for a final binding decision. History Note: Authority G.S. 87-42; 87-43; Eff. October 1, 1988; Amended Eff. February 1, 1996; February 1, 1990. Amended Eff. January 1, 2008. .0404 ANNUAL LICENSE FEES (a) The annual license fees and license renewal fees for the various license classifications are as follows: LICENSE FEE SCHEDULE CLASSIFICATION LICENSE FEE Limited $ 60.00 $75.00 Intermediate $100.00 $115.00 Unlimited $150.00 $165.00 SP-SFD $ 60.00 $75.00 Special Restricted $ 60.00 $75.00 (b) License fees may be paid by in the form of cash, check, money order, Visa or Mastercard made payable to the Board. 7 Payment and must accompany any the applicant’s license application or license renewal application when either is filed with the Board. History Note: Authority G.S. 87-42; 87-44; Eff. October 1, 1988; Amended Eff. May 1, 1998; July 1, 1989; Temporary Amendment Eff. June 30, 2000; Temporary Amended Eff. August 31, 2001; Amended Eff. December 4, 2002. Amended Eff. January 1, 2008. MESSAGE FROM FORMER BOARD CHAIRMAN CURTIS KENNEDY Board History Continued – Concluding Chapter In previous newsletters, we have glanced back and explored four major periods in our Board’s history spanning from the initial enactment of our Electrical Contracting Licensing Act in 1937 to the date Mr. Oscar Greene, Jr. stepped down from the Board’s Chairmanship June 30, 1986. These four periods are rightly known throughout the electrical industry as the eras of Nathaniel Ellis (N. E.) Cannady, Jr.; Richard Blair (Dick) Boyd, Jr.; Howard R. Pancoast; and Oscar Greene, Jr. In the concluding chapter, we will look back and explore the period in the Board’s history spanning from June 30, 1986 through June 30, 2007. A period which merits to be deemed as the “Era of Administrative Excellence” in the Board’s history. Continuing with the Board’s history, upon the conclusion of Mr. Greene’s Chairmanship, the Board members elected Professor William T. (Bill) Easter to succeed Mr. Greene as Board Chairman effective July 1, 1986. Professor Easter was the fifth member of the Greater University of North Carolina faculty appointed by the Governor to serve on the Board and the first and only one to date from that faculty to be elected Chairman of the Board. He was an outstanding Board leader having been elected by his fellow Board members to serve as Chairman for eight consecutive years from July 1, 1986 to June 30, 1994. Some of the important events in the Board’s history during Professor Easter’s Chairmanship include: • The resignation of Jeff Rodriquez as the Board’s Examinations and Field Representative Coordinator effective February 1, 1987. Mr. Rodriquez was the successor to Mr. H. Lloyd Maynard who had rendered outstanding service for several years in this position. Mr. Maynard had left the Board’s employment to join the faculty of Fayetteville Technical Community College; • Employed Jerry Burch for the position of the Examinations and Field Representative Coordinator on the Board’s staff effective January 11, 1988; • Mr. Richard B. “Dick” Boyd, Jr. retired from his position with the NC Department of Insurance effective July 1, 1988 thus ending his more than twenty-one years of distinguished service as the NC Commissioner of Insurance’s appointee to the Board, effective June 30, 1988; • Upon Mr. Boyd’s retirement, Commissioner Jim Long immediately appointed Mr. Alan Barringer to succeed Mr. Boyd as his appointee to the Board effective July 1, 1988; • The Board entered into a reciprocal licensing agreement with the State of Georgia’s Contractors Licensing Board effective July 28, 1988; • The Board entered into a reciprocal licensing agreement with the State of Alabama’s Contractors Licensing Board effective February 24, 1989; • The Board cancelled the reciprocal agreement previously entered into with the State of Florida’s Electrical Contracting Licensing Board effective March 22, 1989; • The Electrical Contracting Licensing Act was amended by the NC Legislature increasing the current project value limitation of the Limited License classification from $10,000 to $17,500 and increasing the current project value limitation of the Intermediate License classification from $50,000 to $75,000 effective August 1, 1989; • The Electrical Contracting Licensing Act was amended to provide that the Governor’s appointee of the Electrical Contractor At-Large Board member must now be a member of the Carolinas Electrical Contractors Association (CECA) in good standing, holding a 8 current unlimited license classification and recommended by the CECA Board of Directors effective October 1, 1990; • The Electrical Contracting Licensing Act was amended authorizing the Board to establish continuing education requirements for all qualified persons listed on a license issued by the Board and to develop the necessary rules and regulations for the implementation of these requirements effective October 1, 1990; • The Board began publishing in the Board’s periodic newsletters the records of all criminal and civil court cases and all other disciplinary actions taken against licensees of the Board and non-licensees effective November, 1990; • The Board implemented the continuing education requirements for all listed qualified individuals effective July 1, 1991; • The Board cancelled the reciprocal licensing agreement previously entered into with the State of Virginia’s Contractors Licensing Board effective July 16, 1992. After serving eight years as Board Chairman, Professor Easter chose to step down from his chairmanship effective July 1, 1994. During Professor Easter’s eight years of Chairmanship, he was privileged to serve with other Board members, in the order of their appointments, Messrs. Oscar Greene, Jr.; Richard B. (Dick) Boyd, Jr.; Larry L. Woodall, Jr.; J. Harold Garland; Robert L. Linton; William H. (Bill) Roberts; J. Alan Barringer; J. Michael Silver; George T. Glenn; and Thomas P. Beattie. Professor Easter retired from the Board effective April 15, 1995 after having rendered thirteen years of distinguished Board service. Mr. Alan Barringer was elected by his fellow Board members to succeed Professor Easter as Board Chairman effective July 1, 1994. Some of the important events in the Board’s history during Mr. Barringer’s chairmanship include: • Mrs. Hattie Saleeby retired from her position as Office Manager after completing more than twenty-four years continuous service as a member of the Board’s staff effective September 1, 1994; • Mrs. Epsie Stevens was hired for the position of Administrative Assistant on the Board’s staff on May 1, 1995; • Mrs. Jackie Young retired from her position as License Coordinator after having served on the Board’s staff for more than twenty years effective July 1, 1995; • The Electrical Contracting Licensing Act was amended to increase the current project value limitation of the Limited License classification from $17,500 to $25,000 and to reduce the current project value limitation of the Special Restricted Single Family Detached Residential (SP-SFD) License classification from unlimited dollar value to $25,000, the same as the Limited License classification effective July 1, 1995; • The Electrical Contracting Act was amended authorizing the Board to assess civil penalties not to exceed $1,000 against violators of the licensing laws and/or the Board’s rules and regulations effective December 1, 1995; • Mrs. Christine Lewis retired from her position as Administrative Assistant after serving on the Board’s staff for more than twenty-five years effective March 1, 1996; • One of the important events occurring during Mr. Barringer’s chairmanship was the occurrence of efforts to place the Board’s staff under the North Carolina State Employees Personnel Act. The Board was successful in putting down any thoughts or efforts in this direction. Had this threat become a reality and/or success, this certainly could have been the dawning of the sun setting of the Occupational Licensing Board’s all over again and could have led to the demise of the autonomy of the Boards as now exist. Overcoming this threat was a landmark event under Mr. Barringer’s leadership as Chairman. Due to an unfortunate back injury suffered by Mr. Barringer while he was on official duty as a state employee, it became necessary for him to take disability leave from his position with the Department of Insurance. His injury subsequently necessitated his retirement from the Department. During Mr. Barringer’s Chairmanship, he was privileged to serve with other Board members, in the order of their appointments, Professor William T. (Bill) Easter; Messrs. Garfield Gwyn; J. Michael Silver; Joseph E. Guill; H. Dan 9 Southerland, Sr.; Thomas B. Beattie; Professor Gary L. Lebby; Messrs. T. Gray Brant; and Julian R. Burns. Upon Mr. Barringer’s retirement from the Department of Insurance, it became necessary for Insurance Commissioner Jim Long to appoint a successor to fulfill Mr. Barringer’s unexpired term on the Board. Commissioner Long appointed his Deputy, Mr. J. Lee Hauser to succeed Mr. Barringer as his official appointee to the Board effective July 1, 1996. Upon Mr. Barringer’s retirement and the appointment of his successor, the Board members elected Mr. Thomas P. Beattie to succeed Mr. Barringer as Chairman of the Board effective July 1, 1996. Mr. Beattie was the first Board member representing the public to be elected to serve as the Board’s Chairman effective July 1, 1996. Some of the important events occurring during Mr. Beattie’s chairmanship were: • The Board and the electrical industry as a whole were saddened by the death of Mr. Joseph E. Guill, who had retired from the electrical industry and was appointed by the Governor to serve as a public member on the Board. Mr. Guill passed away September 13, 1996 leaving the public member position on the Board vacant. • The Electrical Contracting Licensing Act was amended to provide for a staggered term system for Board members and when this system is fully implemented, all Board members’ term will be seven year terms with only one Board member’s term expiring each year effective January 1, 1997; • The Board’s rules applicable to examinations were amended by changing the current time limit for taking an examination in the regular classification from 8 hours to 6 hours; and by adding business questions to the examination specifications, these questions based on the National Association of State Contractors Licensing Agencies’ (NASCLA) Business Management Publication; and by adding questions on fire alarm systems to the Board’s examinations, these questions based on the National Fire Protection Association’s (NFPA) Publication NFPA 72 effective September 1997; • The Board re-established a reciprocal licensing agreement with the State of Florida’s Electrical Contracting Licensing Board effective December 1997; • Mrs. Epsie Stevens was promoted to the position of Office Manager on the Board’s staff effective April 1, 1998; • The Board launched it’s website – www.ncbeec.org effective June, 1998; • This writer was appointed by Governor Jim Hunt to the Board effective June 15, 1998 as a public member to complete the remainder of the unexpired term left vacant by Mr. Guill’s death, term expiring April 15, 2000; • The Board and a host of others across the legal profession were saddened by the untimely death of Attorney William (Bill) Hoke, who had rendered outstanding service as the Board’s legal counselor continuously from 1970 until his death on November 12, 1998; • The Board was fortunate to obtain the services of Mr. John N. (Nick) Fountain as the Board’s legal counselor January 1, 1999. Mr. Fountain, a well versed lawyer in Occupational Licensing Board matters was the right person at the right time to fill this important legal position with the Board. • The Board, after reviewing several different drafts, unanimously adopted a submittal by Mr. Julian Burns for the Board’s first official mission statement as follows: To protect the life, health and property of the public through examination of applicants, education of licensees and discipline of individuals to promote quality electrical contracting in accordance with the North Carolina General Statutes Chapter 87-Article4. Effective March 1999 • The Board’s rules and regulations applicable to the minimum experience requirements for examination applicants were amended by increasing the minimum primary experience required of applicants for the Limited classification from two years to four years; and for applicants for the Intermediate classification from four years to six years and for applicants for the Unlimited classification from five years to seven years; and for applicants in the Special Restricted Single Family Detached Residential Dwelling (SP-SFD) classification from two years to three years effective March 1999; • On June 30, 1999, Mr. Beattie chose to step down from the Board chairmanship after having 10 served three years as Chairman. During Mr. Beattie’s chairmanship, he had the privilege of serving with other Board members, in the order of their appointments, Messrs. Joseph Guill; Dan Southerland; Julian Burns; Gray Bryant; Dr. Garry Lebby; Lee Hauser; Curtis Kennedy; and Tim Bradley. Mr. Beattie completed his seven year term and retired from the Board June 30, 2000. Dr. Jim Clark was appointed by Governor Easley to succeed Mr. Beattie as a public member on the Board effective July 1, 2000. Upon the closure of Mr. Beattie’s tenure as Chairman, the Board unanimously elected Mr. Julian Burns to succeed him as Board Chairman effective July 1, 1999. Mr. Burns was the ninth person appointed to the Board by the North Carolina Association of Electrical Contractors and the second to serve as Chairman since the Licensing Law was enacted in 1937. Some of the important events occurring in the Board’s history during Mr. Burn’s chairmanship were: • The Board entered into a reciprocal licensing agreement with the State of Mississippi’s Contractors Licensing Board effective January 1, 2000; • Mr. Curtis Max Thompson was employed for the position of Field Representative joining the other two Field Representatives, Jesse Skinner and Robert (Gus) Lawson on the Board’s staff effective June 1, 2000; • The Board entered into a reciprocal licensing agreement with the State of West Virginia’s Contractors Licensing Board effective August 2000; • One of the most important events in the Board’s history occurred when the Board, after much study and evaluation, adopted a major change in the Board’s examination procedures. This change involved converting the Board’s long standing pencil-paper type of examination to a computer based examination system. Under the pencil-paper examinations, it took several weeks to grade, evaluate and develop an analysis of the examination results before examinees could receive their examination grades. Also examinations were administered on a semi-annual basis in limited geographical locations in North Carolina. Under the new computer based examination system, examinations are made available to eligible applicants on an almost daily basis in numerous locations within North Carolina and in other states as well effective May 1, 2001; • The Board pursued and obtained an amendment to the Electrical Contracting Licensing Act authorizing the Board to (1) purchase property for the Board’s office in lieu of leasing office space; (2) to implement a staggered license renewal system whereby license renewals are spread throughout the year on a daily basis, speeding up the renewal process; and (3) to increase the fee schedule. The last change in fees took place in 1979. All three authorizations became effective July 1, 2001. In the matter of authority for the Board to purchase office space in lieu of leasing, the Board, after a thorough study of the proposition of owning versus leasing office space, concluded at this time that the Board could better affect leasing space in lieu of owning property thus continuing with the leasing arrangements the Board has with the Davidson-Jones Northside Properties, a company from which the Board has leased office space for them for more than fifty years; • After thoroughly considering versions of proposals for a Board Employee Evaluation System, the Board unanimously adopted a version submitted by Mr. Burns. Under this system, the Executive Director is evaluated by the Board Chairman and the Board’s Finance and Personnel Committee Chairman on an annual basis. The Executive Director evaluates each staff member in a semi-annual basis with assistance from the Board’s Disciplinary Committee in the evaluation of the Board’s Field Representatives. The Board considered this system to be a fair and equitable way to determine employee performance and salary merits at the end of each fiscal year effective March 2002; • The Board re-established the reciprocal licensing agreement, previously cancelled, with the State of Georgia’s Contracting Licensing Board effective April 1, 2002. On June 30, 2002, Mr. Burns’ seven year term as the NCAEC’s appointee came to a close. The NCAEC appointed Mr. Larry L. Woodall, III to succeed Mr. Burns effective July 1, 2002. During Mr. Burns’ tenure as Board Chairman, he was privileged to have served with other Board members, in the order of their appointments: Mr. Dan Southerland, Dr. Gary Lebby, Messrs. Gray Bryant, 11 Curtis Kennedy, Tim Bradley, Dr. Jim Clark and Mr. Jerry Tucker. Upon Mr. Burns’ retirement from the Board, the Board members unanimously elected Mr. Gray Bryant to succeed Mr. Burns as the Board’s Chairman. Mr. Bryant was the first and only Electrical Inspector member of the Board to have served as Chairman of the Board to date. Some of the most important events occurring in the Board’s history during Mr. Bryant’s chairmanship included: • The Board held a public hearing for the purpose of updating the Board’s rules and regulations and procedures for establishing licensing reciprocity agreements with other states and for the adoption of new rules applicable to responsibility requirements of licensees and qualified individuals in November 2002; • The Board granted a hearing for the National Electrical Contractors Association (NECA) to present their request for the Board to do whatever was necessary to have a contractor member of NECA added to the Board member structure in order for NECA to have representation on the Board equivalent to the North Carolina Association of Electrical Contractors (NCAEC) and the Carolinas Electrical Contractors Association (CECA). After receiving and considering NECA’s presentation, the Board determined that this was a Legislative matter for others and took no action on NECA’s request in December 2006; • The Board, after receiving and considering NECA’s request, voted unanimously to add a link www.accneca.org to the Board’s website in December 2002; and • After a thorough review of the Board’s schedule for the “Retention and Disposition” of the Board’s records, the Board voted unanimously to update the schedule as recommended by the Executive Director in 2002; and • The NC Council of State approved the Board’s proposal to relocate the Board’s office from 1200 Front Street, Raleigh, NC to 3101 Industrial Drive, Raleigh, NC. The Board approved the lease agreement for this new location worked out by the Executive Director and the Davidson-Jones Northside Properties in June 2003. Mr. Bryant’s term as the Electrical Inspector member on the Board expired June 30, 2003. During Mr. Bryant’s chairmanship, he was privileged to have served with other Board members, in the order of their appointments: Dr. Gary Lebby; Messrs. Curtis Kennedy; Tim Bradley; Dr. Jim Clark; Messrs. Jerry Tucker; and Larry Woodall, III. Upon Mr. Bryant’s retirement from the Board, Governor Easley appointed Mr. Roy Wilson, Sampson County Inspections Department to succeed Mr. Bryant as the Electrical Inspector appointment to the Board. Mr. Wilson’s appointment was for a three year period completing the implementation of the Board member staggered term system. Dr. Jim Clark was elected to succeed Mr. Bryant as Chairman of the Board effective July 1, 2003. Dr. Clark was the second public member to serve as the Board’s Chairman. Some of the important events occurring in the Board’s history during Dr. Clark’s chairmanship included: • The Board established the “Continuing Education Instructor of the Year” award and developed the criteria for selecting the instructor most deserving of this award effective November 2003; • Mr. Jerry Burch resigned from his position of Examinations and Field Representative Supervisor on the Board’s staff effective February 17, 2004; • The Board approved the design of an official “Qualified Individual” patch. These patches were made available to all qualified individuals on record at no cost provided written requests were filed with the Board no later than June 30, 2004. After this date, these patches are available at no cost to each person taking and passing a qualifying examination. Additional patches may be purchased by qualified individuals at a cost of $6.00 each effective March 30 2003; • Mr. William A. (Al) Parris was employed for the position of Examinations-Field Representative Supervisor succeeding Mr. Jerry Burch on the Board’s staff effective July 12, 2004; • The Board entered into a licensing reciprocity agreement with the State of Louisiana’s Contracting Licensing Board effective September 24, 2004; • The Board and a host of others throughout the electrical industry were saddened by the death of Mr. Richard B. (Dick) Boyd, Jr., long standing 12 former member and Chairman of the Board on April 10, 2005. On June 30, 2005, Dr. Clark chose to step down from the Board’s chairmanship. During Dr. Clark’s tenure as Chairman, he was privileged to serve with other Board members in the order of their appointments: Dr. Gary Lebby; Messrs. Curtis Kennedy; Tim Bradley; Larry Woodall, III; Jerry Tucker; Roy Wilson; and Dr. Tony Mitchell. At the closure of Dr. Clark’s tenure as Chairman, the Board unanimously elected this writer to serve as Board Chairman effective July 1, 2004. Some of the important events occurring during this writer’s tenure as Chairman included: • The North Carolina Association of Electrical Contractors appointed Mr. Julian Burns to succeed Mr. Larry Woodall, III as that Association’s appointee to the Board effective July 1, 2005; • Mr. Burns is the first person ever to have a second tenure as a Board member, having retired from the Board and after a period of elapsed time, received another appointment to the Board; • The North Carolina School Board’s Association suit to recover from State Licensing Boards any late filing and penalty fees collected and retained by these Boards was settled by the NC State Supreme Court’s ruling that these fees were not defined as fees or penalties under the NC State Constitution effective July 1, 2005; • The Board held a rulemaking public hearing to receive public input into the Board’s proposed amendments to the Board’s rules and regulations applicable to authorized legal action by the Board’s staff; to the waiting periods between examinations; to the duties of listed qualified individuals; and to continuing education requirements on September 15, 2005; • The Board officially adopted all of the amendments as proposed at the September 2004 public hearing effective November 14, 2005; • Mr. Roy Wilson resigned as the Governor’s Electrical Inspector Board member appointee and was immediately employed by the Board for the position of Field Representative on the Board’s staff effective December 1, 2005. Mr. Wilson was the second person in the Board’s history to serve as a Board member and subsequently employed by the Board as a member of the Board’s staff; • The Board accepted a report that the National Association of State Contractors Licensing Agencies’ Business and Law manual, currently being utilized with the Board’s examinations, will be republished in partnership with CASA/Fenix Enterprises effective February 1, 2006. The Board voted to continue utilizing this manual after republication on December 15, 2005; • Mr. Gray Bryant was appointed by the Governor to fulfill the unexpired term on the Board left vacant by the resignation of Mr. Roy Wilson as the Governor’s Electrical Inspector appointee effective December 2005. Mr. Bryant was the second person in the history of the Board to receive another appointment to the Board after being off the Board for an elapsed period of time; • The Board’s rule applicable to the waiting period between examinations was amended by reducing the waiting period for examinees making a failing grade from 74 to 65 from 6 months to 3 months effective January 1, 2006. • The Board approved a draft for legislation increasing the project value limitations for the Limited and Intermediate license classifications on February 21, 2006; and • The Board authorized the assembling of Industry Advisory Committees to study and make recommendations regarding financial requirements for licensees; and the need, if any, for the enactment of laws and rules and regulations governing residential elevators. February 23, 2006. On June 30, 2006, this writer stepped down from the Board’s chairmanship. During his chairmanship, he was privileged to have served with other Board members in the order of their appointments: Mr. Tim Bradley; Dr. Jim Clark; Mr. Roy Wilson, Dr. Tony Mitchell; Mr. Jerry Tucker; Mr. Julian Burns; and Mr. Gray Bryant. At the closure of this writer’s chairmanship, the Board elected Dr. Jim Clark to chair the Board effective July 1, 2006. Dr. Clark was the first Board member in the history of the Board to be elected Chairman for a second tenure after having served a previous tenure as Chairman. Some of the important events in the Board’s history during Dr. Clark’s second tenure as Chairman included: • The Board approved the Board’s Rules Committee’s formulation of advisory 13 committees to assist the Board regarding financial requirements for licensees and requirements governing residential elevator installations. These advisory committees were to be structured as follows: Licensee Financial Requirements: One member representing the Carolina Electrical Contractors Association (CECA); One member representing the North Carolina Association of Electrical Contractors (NCAEC); One member representing the International Association of Electrical Inspectors (NCIAEI); One member representing the banking industry; One member representing the insurance industry; One member representing the electrical material suppliers; One Unlimited licensee; One Intermediate licensee; One Limited licensee; Residential Elevator Requirements: One NECA representative; One NCAEC representative; One NCIAEI representative; One representative from the NC Department of Labor (NCDPL) Elevator Division; Kevin Leonard, Legal Counsel, Elevator Industry Workforce Preservation Fund; and Two Special Restricted Elevator (SP-EL) licensees. Subsequently the following persons representing the above entities were assembled for a meeting with the Board’s Rules Committee: Mr. Tim Bradley, Chairman, Rules Committee; Curtis Kennedy, Member, Rules Committee; Dr. Tony Mitchell, Member, Rules Committee, Dr. Jim Clark, Board Chairman; Nick Fountain, Board Counsel; Robbie Brooks, Executive Director; Al Parris, Board staff; Henry Jenkins, NCIAEI, Wake County Inspections; Rob Blackmon, CECA, Tech Electric; Hoyt Stephens, Supplier, Farmer Electrical Sales; John Turnage, Education, Contractor Education Services; Don Henderson, Financial, Henderson & Co., PA; Alan Tilley, Intermediate Licensee, Northern Electric of Durham; Kipp Whitley, Insurance, Federated Insurance; Mike Wilson, Limited Licensee, Mike Wilson Electric; Steve Finch, Unlimited Licensee, Finch Electrical Service, Inc.; Ricky Rouse, NCAEC, Triple R Electric; Suzanne Taylor, NC Dept. of Insurance; Mickey Shuskey, NCIAEI, Greensboro Inspections Department; Steve Pendergraph,CECA, Pendergraph Electric; Larry Woodall, NCAEC, Woodall Electric; John Godwin, SP-EL Licensee, Southeast Elevator; Mike Mebane, SP-EL Licensee, Thyssenkrupp Elevator; Greg Rodgers, Elevator Industry Workforce Preservation Fund; Jack Cozort, Legal Counsel, Elevator Industry Workforce Preservation Fund; Kenneth Pekrun, Atlantic Elevators; Bruce Austin, Atlantic Elevators; Jeff Malarnoy, Legal Counsel, Atlantic Elevators; John Hoomani, Legal Counsel, NC Dept. of Labor; Art Britt, NCDOL, Thomas Chambers, NCDOL; Reid Fountain, Board Counsel; Barry Gupton, NC Dept. of Insurance; Jonathan Brooks, NCDOL, Kevin Leonard, Legal Counsel, Elevator Industry Workforce Preservation Fund. After a through exchange of ideas and thoughts, the Financial Advisory Committee could find no fault with the Board’s current financial requirements for licensees and had no recommendations for changes in the present requirements. The Committee did suggest that the Rules Committee and the Board consider adding some financial requirements for examination applicants and that the Continuing Education Committee consider adding more business related classes to the continuing education program. The consensus of the Residential Elevator Advisory Committee was that this should be a matter handled by the North Carolina Department of Labor. The Rules Committee reported the results of these meetings with the two Advisory Committees and the concluding consensus of the members on the committees and recommended the Board’s approval as reported by the Rules Committee. The Board concurred with the Rules Committee’s report, September 2006; • The Board’s staff developed and implemented an email system of communications making available to inspection departments and continuing education providers updated information on the Board’s website, September 2006; • Due to family necessities, Mrs. Epsie Stevens resigned from her position as Office Manager on the Board’s staff after eight years of outstanding service in this position. The Executive Director successfully negotiated with Mrs. Stevens to remain on the Board’s staff in a part time 14 arrangement to meet the Board’s and her needs. Effective October 13, 2006; • Mrs. Mary Higgins was employed for the position of Office Manager on the Board’s staff effective January 1, 2007 succeeding Mrs. Stevens. Mrs. Higgins was formally employed as Administrative Assistant to Mr. Tim Bradley with the NC Department of Insurance; • The new North Carolina State Government Ethics Act became effective January 1, 2007 clarifying the standards of ethics required of NC State Government officials including members of the State’s Occupational Licensing Boards. Effective January 1, 2007; • Due to threats of identity theft and other security concerns, the Board amended the continuing education requirements by eliminating the provisions requiring full social security numbers. Effective January 1, 2007; • The Board approved the Rules Committee’s proposed amendments to the Board’s Rule .0209 applicable to Examination Fees; to Rule .0303 applicable to Project Value Limitations; and to Rule .0404 applicable to License Fees and scheduled a public hearing to be held September 12, 2007 for the purpose of receiving public input to the Board’s proposed rules changes. June 30, 2007; and • The Board approved proposed revisions to the Board’s Records Retention and Disposition Schedule. June 30, 2007. Dr. Clark chose to step down from his second tenure as Board Chairman effective June 30, 2007. During his second tenure as Chairman, Dr. Clark was privileged to have served with other Board members in the order of their appointment: Messrs. Curtis Kennedy; Tim Bradley; Jerry Tucker; Dr. Tony Mitchell; Messrs. Gray Bryant and Julian Burns. The Board elected Mr. Jerry Tucker to succeed Dr. Clark as Chairman effective July 1, 2007. Mr. Tucker is the first person representing the Carolina’s Electrical Contractor’s Association (CECA) or a member of the Carolina’s Chapter of the National Association of Electrical Contractors (NECA) (the Electrical Contractors Association succeeded by CECA) appointed by the Governor to have ever been elected to serve as the Board’s Chairman. In this concluding Chapter, we have glanced back into the immediate past 21 years from June 30, 1986, the date Mr. Oscar Greene, Jr. stepped down from the Board’s chairmanship, to June 30, 2007. These 21 years of Board history, we defined in the beginning of this chapter as the period of “Administrative Excellence”. Because of his outstanding management of the Board’s every day operation during this 21 year period; the manner in which he has executed the Board’s policies and directives throughout this period; the manner in which he has lifted the Board’s respectability and reputation to the highest level throughout our state and nation; his excellent handling of his duties as the Board’s Secretary-Treasurer throughout this period; the outstanding manner in which he has carried out the Board’s responsibilities as co-sponsor of our nation’s greatest and most respected electrical industry meeting, our own annual North Carolina Electrical Institute meeting; his development and maintenance of a proficient staff throughout this period; the outstanding manner in which he, together with the Board’s attorney, has chaperoned the Board’s desired legislation through the Legislature and the Board’s desired rules and amendments to the Board’s rules through the North Carolina Rules Review Commission for rulemaking; his superior representation of the Board through his participation in the National Association of State Contractors Licensing Agencies (NASCLA) serving as NASCLA’s President and Chairman of several NASCLA committees; his leadership in the International Association of Electrical Inspectors while representing our Board; his longstanding representation of the Board as a voting member of the National Fire Protection Association (NFPA); his representation of the Board through his service as Treasurer and Planning Committee Member on the NC Electrical Apprentice Contest Committee since its inception; his efficient direction of processing 69,487 applications for examinations, administering 48,840 qualifying examinations and issuance of 15,889 new licenses during this 21 year period; the proficient manner in which he has directed the Board’s disciplinary matters; the proficient manner in which he has managed the Board’s reciprocal licensing agreements with other states; the highly respectable manner in which he has represented the Board in his relationship with administrators of other licensing agencies and commissions in our state and other states across the nation; his receipt of the Honorary Member Award from the National Association of State Contractors Licensing Agencies, two Distinguished Service Awards from the NC Ellis Cannady Chapter of IAEI, and the prestigious Richard B. “Dick” Boyd, Jr. Award, all depicting his leadership abilities and representation of the Board and 15 his many other attributes as the Board’s Executive Director, it is fitting and most appropriate to proclaim that 21 year period of “Administrative Excellence” to be better known as the Robert Lee (Robbie) Brooks, Jr.” Era. This important Era takes its rightful place along with the “Nathaniel Ellis (N.E.) Cannady, Sr.”; “Richard B. (Dick) Boyd, Jr.”; “Howard R. Pancoast”, and “Oscar Greene, Jr.” Eras in the Board’s history. May the “Robert Lee (Robbie) Brooks, Jr.” Era extend far into the Board’s future. In the beginning of this exploration into our Board’s history, we stated that sometimes a look back into history is helpful in better understanding the present and planning for the future. If this glance back into our Board’s history has brought more enlightenment to those of interest as to the purpose for which the initial enactment of our state’s Electrical Contracting Licensing Act was enacted and for which our Board was established in 1937 and for which our Licensing Act was re-written and re-enacted in 1969; and if it will in any way be helpful in the Board’s planning for the future, then this effort has not been in vain. In concluding this glance back into our Board’s history, it is my privilege to close on a personal note. I am extremely grateful for having had the opportunity to be associated with a great, if not the greatest, government regulatory licensing board anywhere, either directly or indirectly for 58 of the 70 years of our Board’s existence. First, as a recipient of the Board’s invaluable assistance when I was engaged in local governmental electrical inspections in our mutual efforts to provide our fellow citizens in North Carolina with the safest possible electrical environment, protecting life and property from the hazards of electricity, then as an employee of the Board serving as the Board’s Executive Director and after a period of retirement from the Board’s staff, I was appointed by Governor James B. Hunt, Jr. to the Board as a public member and ultimately honored by my fellow Board members electing me to serve as the Board’s Chairman. This association with our Board has played a major role in my life’s journey. June 30, 2007 brought to a close my tenure as a member of our Board and as I drift off into the latter part of my life’s journey, I depart paying my highest tribute to all in the electrical industry with whom I have had the opportunity to be associated over the years; and to all the Board members for whom I had the privilege to work; and to all of the Board members with whom I had the honor to serve; and to all the staff members with whom I had the privilege to serve; and to Robbie Brooks and his staff, past and present; and to an outstanding group of Board attorneys, Messrs. John Jordan, Charlie Morris, Eugene Hafer; and William (Bill) Hoke, whose invaluable legal counsel helped me in carrying out my duties as the Board’s Executive Director; and to the incomparable John N. (Nick) Fountain and his son Reid, who during my 9 year tenure as a member of our Board, provided legal counsel to our Board of a caliber unsurpassed and finally to all I say with deep appreciation and a grateful heart – “THANKS FOR THE MEMORIES”. Respectfully, Curtis Kennedy DISCIPLINARY ACTIONS AVAILABLE ON-LINE The Board has established and implemented a public awareness program to inform the general public by recently updating its website, www.ncbeec.org to include public record information regarding disciplinary action taken against qualified individuals and licensees of the Board. If the Board has taken disciplinary action against a qualified individual or licensee it will show under “Find A Licensed Contractor”. This licensee lookup only shows active licensees. The Disciplinary note will reflect the case number, the date case was closed, violation, and resolution. RECENT DISCIPLINARY ACTIONS TAKEN BY THE BOARD COURT CASES CASE FILE NUMBER: #2005-177 NON-LICENSEE: Warren Ansel Moody, Moody Electric ADDRESS: 520 Corbly Drive Hendersonville, NC 28739 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Polk County Superior Court resulting in entry of Court Order on December 1, 2006, whereby Warren Ansel Moody individually and d/b/a Moody Electric is permanently restrained from engaging in the business of electrical contracting as defined in 16 Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: December 1, 2006 ****************************************** CASE FILE NUMBER: #2006-44 NON-LICENSEE: Brian Andrew Culbertson ADDRESS: 4325 Bishamon Street Hope Mills, NC 28348 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Cumberland County Superior Court resulting in entry of Court Order on October 30, 2006, whereby Brian Andrew Culbertson is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: October 30, 2006 ****************************************** CASE FILE NUMBER: #2006-113 NON-LICENSEE: Robert Jeffrey Albritton, Jr., Albritton’s Electric ADDRESS: P. O. Box 86 Farmville, NC 27828 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Pitt County Superior Court resulting in entry of Court Order on October 23, 2006, whereby Robert Jeffrey Albritton, Jr. and Albritton’s Electric is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: October 23, 2006 CASE FILE NUMBER: #2006-140 NON-LICENSEE: Allen Boyer, Allen’s Electric ADDRESS: 197 Ocean Blvd. Southern Shores, NC 27949 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Dare County Superior Court resulting in entry of Court Order on November 2, 2006, whereby Allen Boyer, Allen’s Electric is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: November 2, 2006 ****************************************** CASE FILE NUMBER: #2006-186 NON-LICENSEE: Franklin Cochran and Hugh Cochran Cochran Electric, Inc. ADDRESS: 200 Caley Road Apex, NC 27502 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Wake County Superior Court resulting in entry of Court Order on November 13, 2006, whereby Franklin Cochran and Hugh Cochran, Cochran Electric, Inc. is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when a license has been issued from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: November 13, 2006 ****************************************** CASE FILE NUMBER: #2006-195 NON-LICENSEE: Jesse L. Simpkins, Jr., Simpkins Home Improvements ADDRESS: 816 Dappa Road Maysville, NC 28555 VIOLATION: Engaging in the business of 17 electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Jones County Superior Court resulting in entry of Court Order on February 9, 2007, whereby Jesse L. Simpkins, Jr. individually and d/b/a Simpkins Home Improvement is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. EFFECTIVE DATE: February 9, 2007 ****************************************** CASE FILE NUMBER: #2006-226 NON-LICENSEE: Robert Lee Hargrove, Hargrove Home Service ADDRESS: 232 West Andrews Avenue Henderson, NC 27536 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Vance County Superior Court resulting in entry of Court Order on March 9, 2007, whereby Robert Lee Hargrove individually and d/b/a Hargrove Home Service is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. EFFECTIVE DATE: March 9, 2007 ****************************************** CASE FILE NUMBER: #2006-250 NON-LICENSEE: Earl Edwards, Earl Edwards Handy Man ADDRESS: 694 Beston Road LaGrange, NC 28551 VIOLATION: Engaging in the business of electrical contracting without being licensed to do so. COURT ACTION: Civil Action instituted in Wayne County Superior Court resulting in entry of Court Order on March 26, 2007, whereby Earl Edwards individually and d/b/a Earl Edwards Handy Man is permanently restrained from engaging in the business of electrical contracting as defined in Article 4, Chapter 87 of the General Statutes of North Carolina, except when he holds a license from the Board. The defendant was assessed with the costs of this action. EFFECTIVE DATE: March 26, 2007 ****************************************** NOTICE OF VIOLATION CASE FILE NUMBER: 2006-19 LICENSEE: Evans Electrical Enterprises ADDRESS: 2914 Philliphs Ave Greensboro, NC 27405 LISTED QUALIFIED INDIVIDUAL: Shamori Demont Evans LICENSE NUMBER: 24691-L VIOLATION(S): Violation of 87-47 (a1), (2), and (7) in that the firm: (1) Failed to install wiring in accordance with the North Carolina State Electrical Code, NFPA 70 National Electrical Code; and (2) Engaged in malpractice and unethical conduct by delaying completion of the electrical contracting project located at 1124 Thomas Avenue, Burlington, NC. BOARD ACTION: The Board, acting through its staff, proposed the imposition of a civil penalty in the amount of five hundred dollars ($500.00), with suspension of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Complete all electrical contracting projects in a timely manner; (3) Obtain an approved final inspection within ten (10) days after completion of all electrical contracting projects; and (4) Within six (6) months enroll and successfully pass a course related to generators. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: February 22, 2007 ****************************************** 18 CASE FILE NUMBER: 2006-152 LICENSEE: Shiloh Electric of Gastonia, Inc. ADDRESS: 145 Little Country Lane Kings Mountain, NC 28086 LISTED QUALIFIED INDIVIDUAL: Thomas Leroy Kos LICENSE NUMBER: 8091-L VIOLATION(S): Violation of 87-41.1 (2) and 87- 43.2 (a1) in that Thomas Leroy Kos, listed qualified individual, failed to properly supervise and direct the electrical work installed at 2300 Tradewind Court, Gastonia, NC. BOARD ACTION: The Board, acting through its staff, proposed the imposition of a warning and notified the qualified individual that failure to properly supervise and direct all employees and projects in the future will result in more serious disciplinary action. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: February 22, 2007 ****************************************** CASE FILE NUMBER: 2006-216 LICENSEE: Allen Electrical Contractors ADDRESS: 314 Walk A Long Way Mt. Holly, NC 28120 LISTED QUALIFIED INDIVIDUAL: Kenneth Wayne Allen LICENSE NUMBER: 22206-U VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: (1) failed to complete the electrical contracting project in a timely manner; (2) failed to act promptly upon the request by the electrical inspector; and (3) failed to complete all code violations on the job. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and one (1) year probation. The specific conditions of your probation period are that no further violation of Chapter 87, Article 4 of the General Statutes or the Rules of the Board and during the first six (6) months of probation Kenneth Wayne Allen shall complete either a 32 hour Level II inspector’s course or 40 hours of classroom continuing education by a qualified sponsor and have a passing grade upon completion. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 CASE FILE NUMBER: 2006-219 LICENSEE: Venture Electric Co. ADDRESS: PO Box 4594 Archdale, NC 27263 LISTED QUALIFIED INDIVIDUAL: John C. Hamby LICENSE NUMBER: 20415-L VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: (1) used a 4 foot ground rod for a new service located at 3837 Raintree Drive, Greensboro, NC. This is code violation 250.52 (a) (5); and (2) used a 4 foot ground rod for saw services located at #5 Glenrose Court and 3811 Raintree Drive, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-220 LICENSEE: Blaney Electric, Inc. ADDRESS: 130 Newnam Road Stokesdale, NC 27357 LISTED QUALIFIED INDIVIDUAL: Timothy Keith Blaney LICENSE NUMBER: 16329-I VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a new service located at 2607 Walker Avenue, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-221 LICENSEE: Basic Electric, Inc. ADDRESS: P. O. Box 577 Indian Trail, NC 28079 LISTED QUALIFIED INDIVIDUAL: C. Steve Clardy LICENSE NUMBER: 3685-U 19 VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a saw service located at 1725 Walker Ave. Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-223 LICENSEE: Freeman Electric LLC ADDRESS: 111 Trail One, Suite 200 Burlington, NC 27215 LISTED QUALIFIED INDIVIDUAL: Albert Lee Freeman LICENSE NUMBER: 10516-L VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for two (2) saw services located at 2301 and 2302 Nelson Farm Road, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-246 LICENSEE: Chavis Electric ADDRESS: 1139 McArthur Rd. Maxton, NC 28364 LISTED QUALIFIED INDIVIDUAL: Henry Clay Chavis LICENSE NUMBER: 5683-U VIOLATION(S): Violation of 87-47 (a1) (1) (5) and (7) in that the firm: (1) Engaged in electrical contracting projects located in Robeson County with an expired license; and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and further requirements that before applying to renew the electrical license Mr. Chavis must pay all penalties and license fees to cover the period without license. Further proposed a one (1) year probation following license renewal with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-247 LICENSEE: Riverton Electric Company ADDRESS: 2725 Spring Hill Rd. Red Springs, NC 28377 LISTED QUALIFIED INDIVIDUAL: Burlie Dawson Locklear LICENSE NUMBER: 9763-L VIOLATION(S): Violation of 87-43, 87-47 (a1) (2) (3) (7) in that the firm: (1) Sold or transferred the license to James Cummins (unlicensed person) to perform electrical contracting work at 25 Darkwater Drive, Pembroke, NC; (2) Aided or abetted James Cummins (unlicensed person) to engage in the business of electrical contracting; and (3) Engaged in unethical conduct in the use of the license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and two (2) years probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and 20 (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-249 LICENSEE: Electrical Services Limited ADDRESS: P. O. Box 592 Wilson, NC 27893 LISTED QUALIFIED INDIVIDUAL: Randy Martin Howard LICENSE NUMBER: 11579-U VIOLATION(S): Violation of 87-43, 87-47 (a1), (1), (6) (7) and 153A-357 (a)(4) in that the firm: (1) Failed to obtain required permit from Johnston County Inspection Department; (2) Engaged in false or misleading advertising by operating a unlicensed branch office at 2407 West 5th Street, Washington, NC; and (3) Engaged in misconduct in the practice of electrical contracting. BOARD ACTION: The Board, acting through its staff, proposed the imposition of a reprimand and a civil penalty in the amount of five hundred dollars ($500.00) and one (1) year probation, with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: February 22, 2007 ****************************************** CASE FILE NUMBER: 2006-266 LICENSEE: Arnold Revels Electrical Company ADDRESS: 211 McQueen Rd. Shannon, NC 28386 LISTED QUALIFIED INDIVIDUAL: Arnold Von Revels LICENSE NUMBER: 17740-L VIOLATION(S): Violation of 87-43, 87-47 (a1) (2) (3) (7) in that the firm: (1) Sold or transferred the license to James Cummins (unlicensed person) to perform electrical contracting work at 25 Darkwater Drive, Pembroke, NC; (2) Aided or abetted James Cummins (unlicensed person) to engage in the business of electrical contracting; and (3) Engaged in unethical conduct in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $1,000.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-269 LICENSEE: D & J Electrical Contracting LLC ADDRESS: 110 Backfield Dr. Newport, NC 28570 LISTED QUALIFIED INDIVIDUAL: Jeffrey Blair White LICENSE NUMBER: 26445-U VIOLATION(S): Violation of 87-47 (a1) (1) and (7) in that the firm: (1) allowed David Anderson Watts, owner of D & J Electrical Contracting LLC, to continue operating a full time electrical contracting business while Mr. White was on active duty in other employment; and (2) failed to notify the Board that you were no longer the listed qualified individual, for D & J Electrical Contracting LLC. BOARD ACTION:The Board, acting through its staff, proposed that Jeffrey Blair White enroll in the 21 approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2006-271 LICENSEE: B. S. Carroll, Inc. ADDRESS: 2400 Baileys Crossroads Rd. Coats, NC 27521 LISTED QUALIFIED INDIVIDUAL: Ricky Nathan Carroll LICENSE NUMBER: 20081-L VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Exceeded the scope of the Limited Electrical Contractor License (#20081-L) by bidding and engaging in eight (8) electrical contracting projects in the City of Fayetteville, NC; and (2) Engaged in malpractice in the use of the license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 CASE FILE NUMBER: 2006-276 LICENSEE: Tarheel Electric Service ADDRESS: 563 Deer Run Road New Bern, NC 28562 LISTED QUALIFIED INDIVIDUAL: Garland David Jarman LICENSE NUMBER: 26424-SP-SFD VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Engaged in the electrical contracting project located at 112 Mangrove Drive, Emerald Isle, NC without the required permit and inspections; (2) Installed electrical contracting work with violations of the National Electrical Code; and (3) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Garland David Jarman attend a forty hour Level I Inspector Course and present evidence of a passing score by December 31, 2007. Staff further proposed twenty four (24) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-6 LICENSEE: Mr. Sign Guy, Inc. ADDRESS: 2040-G South Park Drive Winterville, NC 28590 LISTED QUALIFIED INDIVIDUAL: Kevin Thomas Dwyer LICENSE NUMBER: 25117-SP-SFD VIOLATION(S): Violation of 87-47 (a1) (7) in that the firm: (1) Failed to properly supervise work carried out by employees of Mr. Sign Guy Inc., being unaware of the wiring methods used to complete the project at 395 Westwood Shopping Center, Fayetteville; and (2) Failed to call for an inspection when the project was complete, resulting in six months of calls by the Inspector to arrange an inspection on an electrical 22 contracting project for Embarq Communications, Inc. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-12 LICENSEE: A & K Builder & Electric, Inc. ADDRESS: 2600 Baytree Dr. Greensboro, NC 27455 LISTED QUALIFIED INDIVIDUAL: William M. Davidson, III LICENSE NUMBER: 13804-L VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a saw service located at 2715 Grimsley Street, Greensboro, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-13 LICENSEE: J. R. Ross Electric, Inc. ADDRESS: 4520 Shoaf Road Winston-Salem, NC 27127 LISTED QUALIFIED INDIVIDUAL: John Raymond Ross LICENSE NUMBER: 19284-SP-SFD VIOLATION(S): Violation of 87-47 (a1), (7) in that the firm: used a 4 foot ground rod for a saw service located at 2011 Muirfield Place, Clemmons, NC. This is code violation 250.52 (a) (5). BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-19 LICENSEE: W. W. Weaver Electric, Inc. ADDRESS: 414 W. Terminal Blvd. Atlantic Beach, NC 28512 LISTED QUALIFIED INDIVIDUAL: Walter Wesley Weaver LICENSE NUMBER: 7084-L VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Failed to request timely electrical inspections for the Pancake House electrical contracting project located at 184 Highway 24, Morehead City, NC; and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Walter Wesley Weaver enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by July 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-21 LICENSEE: D & J Electrical Contracting LLC ADDRESS: 110 Backfield Dr. Newport, NC 28570 LISTED QUALIFIED INDIVIDUAL: David Anderson Watts LICENSE NUMBER: 23311-L 23 VIOLATION(S): Violation of 87-47 (a1) (5) and Board Rule .0306 in that David Anderson Watts, D & J Electrical Contracting LLC failed to notify the Board that the listed qualified individual, Jeffrey Blair White had left the firm and committed himself as an employee in other employment. BOARD ACTION: The Board, acting through its staff, proposed that David Anderson Watts enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007 and pay a civil penalty of $500.00. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-31 LICENSEE: Lighthouse Electric, Inc. ADDRESS: 2400 Baileys Crossroads Rd. Coats, NC 27521 LISTED QUALIFIED INDIVIDUAL: Travis Carroll Pollard LICENSE NUMBER: 22882-L VIOLATION(S): Violation of 87-47 (a1), (5), and (7) in that the firm: (1) Exceeded the scope of his Limited Electrical Contractor License (#22882-L) by bidding and engaging in the electrical contracting project located at 1004 Procure Street, Suite 100, Fuquay-Varina, NC 27526. and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Travis Carroll Pollard enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007 and pay a civil penalty of $500.00. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-33 LICENSEE: Williams Brothers Electric ADDRESS: 764 Grants Creek Road Jacksonville, NC 28546 LISTED QUALIFIED INDIVIDUAL: Jonathan David Williams LICENSE NUMBER: 26273-L VIOLATION(S): Violation of 87-43, 87-47 (a1) (2) (3) (7) in that the firm: (1) Sold or transferred the license to Franklin Jones, Superior Heating & Air (unlicensed firm) to perform electrical contracting work in connection with their heating and cooling units; (2) Aided or abetted Franklin Jones, Superior Heating & Air (unlicensed firm) to engage in the business of electrical contracting; and (3) Engaged in unethical conduct in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $1,000.00 civil penalty and one (1) year probation with revocation of license and the right to serve as a listed qualified individual on any license issued by the Board in the event of failure to comply with the following conditions: (1) No further violation of the General Statutes or the Rules of the Board; (2) Obtain written and signed contracts for all electrical projects over one hundred dollars ($100.00) in value; (3) Obtain all required electrical permits prior to starting any electrical projects; and (4) Properly supervise and direct all employees and projects. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-53 LICENSEE: BEVCO Electrical, Inc. ADDRESS: P.O. Box 6198 Raleigh, NC 27628 24 LISTED QUALIFIED INDIVIDUAL: Robert Conley Beverly, III LICENSE NUMBER: 12805-I VIOLATION(S): Violation of 87-47 (a1) (5) and (7) in that the firm: (1) Engaged in the electrical contracting project located at 108 Lochwood West Drive, Cary, NC and failed to correct violations of the National Electrical Code in a timely manner; (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Robert Conley Beverly, III enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-55 LICENSEE: J & D Sprinkler Company ADDRESS: 710 West Main Street Clayton, NC 27520 LISTED QUALIFIED INDIVIDUAL: Richard Mack Warren LICENSE NUMBER: 24258-L VIOLATION(S): Violation of 87-47 (a1) (1) (5) and (7) in that the firm: (1) Bid to perform electrical work at 7913 Smith Road, Apex, NC and collected $100.00 in advance; (2) Was not a representative of J & D Sprinkler Company during any time on this project; (3) Conducting his electrical contracting business in a name other than the licensed name issued by the Board; and (4) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Richard Mack Warren return the $100.00, enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-63 LICENSEE: James DiMuzio ADDRESS: P.O. Box 298 Whiteville, NC 28472 LISTED QUALIFIED INDIVIDUAL: James DiMuzio LICENSE NUMBER: 27049-U VIOLATION(S): Violation of 87-47 (a1) (5) and (7) in that the firm: (1) Engaged in unethical conduct by threatening Bryan Harvey Daniels American Eagle Electric with name infringement allegations; and (2) Engaged in misrepresentation in obtaining the license. BOARD ACTION: The Board, acting through its staff, proposed that James DiMuzio enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-67 LICENSEE: Ron Woodard, Jr. ADDRESS: 285 Shipwash Drive, Suite 102 Garner, NC 27569 25 LISTED QUALIFIED INDIVIDUAL: Ronald Woodard, Jr. LICENSE NUMBER: 27049-U VIOLATION(S): Violation of 87-47 (a1) (5) and (7) in that the firm: (1) Engaged in the electrical contracting project located at 1002 Heathwood Dairy Road, Apex, NC without the required permit and inspections; (2) Failed to properly supervise and direct employees working on the project; (3) Failed to complete the project; (4) Conducting his electrical contracting business in a name other than the licensed name issued by the Board; and (5) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that Ronald Woodard, Jr. enroll in the approved disciplinary class offered by Contractors Education Services, LLC/Umpire Technologies Group Inc. and present evidence of a passing score by December 31, 2007. Staff further proposed twelve (12) months probation with conditions not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-70 LICENSEE: Granite City Electric ADDRESS: P. O. Box 1808 Mt. Airy, NC 27030 LISTED QUALIFIED INDIVIDUAL: Leonard D. Moore, Jr. LICENSE NUMBER: 15737-U VIOLATION(S): Violation of 87-47 (a1), (2) (3) (7) in that the firm: assigned the license by subcontracting with James Scales an unlicensed person to perform electrical contracting work on the Police Department Bike Shed project at Winston-Salem State University. BOARD ACTION: The Board, acting through its staff, proposed a reprimand and $500.00 civil penalty. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-85 LICENSEE: Richard Jones Electrical Service ADDRESS: 169 Forest Heights Rd Washington, NC 27889 LISTED QUALIFIED INDIVIDUAL: John Richard Jones LICENSE NUMBER: 10666-L VIOLATION(S): Violation of 87-47 (a1) (1) (5) and (7) in that the firm: (1) Engaged in the electrical contracting project located at 394 Morning Star Road, Pantego, NC with an expired license; and (2) Engaged in malpractice in the use of your license. BOARD ACTION: The Board, acting through its staff, proposed that the project be awarded to a duly licensed electrical contractor and impose twelve (12) months probation with conditions that John Richard Jones not to commit any further violation of the General Statutes or the Rules of the Board. In the event of failure to comply with the probation conditions, the Board may impose a sanction of twelve (12) months suspension of license and the right to serve as a listed qualified individual on any license issued by the Board. There was no objection from the licensee and the Board concurred in the action of staff. EFFECTIVE DATE: June 21, 2007 ****************************************** ORDERS CASE FILE NUMBER: 2006-95 LICENSEE: Wired Rite ADDRESS: P O Box 568 Wanchese, NC 27981 LISTED QUALIFIED INDIVIDUAL: Joey Allen Pudsey LICENSE NUMBER: 24636-L VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1) (2), (3), and (7) in that: 1. License was recently renewed by or on behalf of Respondent. 2. Notice was accepted by or on behalf of Respondent. 3. Respondent’s family advised the Respondent is out of the country, but Respondent made no contact with the 26 Board, and made no request for delay and gave no indication when he would return. 4. Respondent aided and abetted Allen Boyer, a non-licensee to engage in the business of electrical contracting by allowing Allen Boyer to use his license. 5. Available evidence indicates Respondent misrepresented his arrangement with Allen Boyer and engaged in unethical conduct and deceit in the use of his license. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: That the license of Respondent firm and the status of Respondent, Joey Allen Pudsey, be suspended until Respondent appears before the Disciplinary Committee to address the matter of substance abuse and questions as to the use and misuse of his license. There was no objection from Mr. Joey Allen Pudsey and the Recommended Order was approved by the Board as a Final Order on February 21, 2007. EFFECTIVE DATE: February 21, 2007 ****************************************** CASE FILE NUMBER: 2006-214 LICENSEE: Ward M. Wadsworth II Electrical Service ADDRESS: 311 Electric Lane Hampstead NC 28443 LISTED QUALIFIED INDIVIDUAL: Ward Mattocks Wadsworth II LICENSE NUMBER: 15055-L VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. Respondent undertook to perform electrical contracting work on property located at 1012 North New River Drive, Surf City, North Carolina, belonging to Ann Smith. In the course of work on the project Respondent: (a) failed to complete the project on a timely basis; (b) installed electrical wiring without an electrical permit and a local business privilege license; and (c) installed a new meter base and electrical wiring for a service without ground rods and energized the system without inspection. 2. Respondent had a previous complaint in April 2005 and in November 2005. Together the Respondent has demonstrated problems in obtaining permits, timely performance of work and obtaining money prior to performance of the agreed work. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the Respondent’s license to engage in business as an electrical contractor be placed on probation for a period of twelve (12) months, effective upon final action by the Board. 2. During the period of probation, Respondent shall comply with the following conditions of probation: (a) have written contracts or proposals signed by the licensee and customer for each installation over $100.00 for which licensee is responsible, including in the contract the completion dates for each phase of the contract and written, signed change orders where there are modifications; (b) obtain permits as required for each contract prior to commencement of work, retain a copy of the permit in the job file for each particular installation and assure that a final inspection has been performed by the Local Code Enforcement Official for each installation; (c) maintain job files or other written records of contracts made and installations performed; (d) obtain no funds for a project prior to passage of rough-in inspection, and no more than 50 percent of the price prior to passage of final inspection; (e) maintain records detailing and documenting his compliance with the provisions of this probation order which records shall be available for inspection at any time during normal business hours upon request of the staff of the Board; and (f) commit no violation of Article 4, Chapter 87 of the General Statutes or the Rules promulgated by the Board. 3. In the event of violation of the terms of the probation order, license of qualifier will be suspended for ninety (90) days, together with other sanctions for any violation of Article 4, Chapter 87 of the General Statutes. There was no objection from Mr. Ward Mattocks Wadsworth II and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2006-136 and 2006-185 LICENSEE: M/G Electrical Service ADDRESS: 84 Jared Drive Fuquay Varina, NC 27526-8755 LISTED QUALIFIED INDIVIDUAL: Michael Patrick Griffin LICENSE NUMBER: 25921 SP-SFD 27 VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1) (7) in that: 1. Respondent undertook to perform electrical contracting work on property located at Rawls Church Road, Lot 145 Victoria Hills II in Harnett County, North Carolina, belonging to Leon Anderson. In the course of work on the project Respondent: (a) failed to complete the project on a timely basis; (b) abandoned the project; and (c) failed to obtain a final inspection. 2. Respondent subcontracted with general contractor, Karl Kelly to perform electrical contracting work on property located at Lot 28 Ballard Woods in Harnett County, North Carolina. In the course of the project, Respondent: (a) failed to complete the project on a timely basis; (b) abandoned the project, left multiple code violations after stating to the general contractor the work was complete; and (c) failed to obtain a final inspection. 3. Respondent failed to notify the Board’s office in writing of address and telephone changes within thirty (30) days of new address. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the license of Respondent firm and the status of Respondent Michael Patrick Griffin as a qualifying individual be revoked. 2. That reinstatement of license be considered by the Board only after appearance before the Disciplinary Committee of the Board by Respondent and satisfactory explanation and resolution of the matters contained in the foregoing Findings of Fact. There was no objection from Mr. Michael Patrick Griffin. and the Recommended Order was approved by the Board as a Final Order on February 21, 2007 EFFECTIVE DATE: February 21, 2007 ****************************************** CASE FILE NUMBER: 2006-176 LICENSEE: Richard`s & Son Electrical Service ADDRESS: 214 Windsor Drive Angier, NC 27501 LISTED QUALIFIED INDIVIDUAL: Richard Alexander Cratch, III LICENSE NUMBER: 10809-U VIOLATION(S): 1. The Board staff alleged that during June 2006, Respondent undertook to perform electrical contracting work on property located at 1018-F Shoppes at Midway Drive, in Knightdale, N.C., under contract with VN Enterprises Corp. Respondent submitted an electrical proposal which was accepted. In the course of the contract, Respondent: (a) received $20,000.00 before starting any work on the project; (b) refused to begin work on the Knightdale project; and (c) refused to return the $20,000.00 start work payment to VN Enterprises Corp. despite failure to perform the work. 2. Respondent undertook to perform electrical contracting work on property known as An Chau Plaza located at 2821 Brentwood Road, Raleigh, North Carolina, also belonging to VN Enterprises Corp. Substantial dispute arose as to the obligation between the parties. 3. Respondent denied any impropriety as to either project. BOARD ACTION: Based upon the foregoing Findings of Fact, review of the evidence and Conclusions of Law, the Board entered the following order: 1. Respondent is placed on probation for a period of two (2) years, and thereafter until final resolution of legal proceedings with VN Enterprises. 2. During the probation Respondents firm and individual shall comply with the following terms and conditions: (a) provide proof to the Board within 30 days, that he has deposited the full amount of $20,000.00 with the Wake County Clerk of Superior Court for distribution pursuant to Court Order in litigation entitled Richard’s & Son Electrical Service vs. VN Enterprises Corp.; (b) have written contracts signed by the Respondent and customer for each installation in excess of $100.00 for which Respondent is responsible; (c) obtain permits as required for each contract prior to commencement of work; (d) maintain a job file for each job, containing the records of that project, including a copy of the contract and permit; (e) request inspection within 10 days of substantial completion, as to both the rough-in and final stage of the project; (f) collect no more than 50% of the project cost until passage of final inspection; (g) enroll in and pass the Board Disciplinary Business Class offered by Continuing Education Services, LLC or a class of equal depth approved by the Board; and (h) commit no violation of Article 4, Chapter 87 or the Rules of the Board with regard to any qualification administered by the Board. 28 3. In the event of violation of terms of this probation order, this Order may be entered into evidence together with evidence of any such violation and the Board may take such action including revocation or suspension of license as is justified by the new evidence in addition to the violation of this Order. 4. During the period of probation, the foregoing records and the contracting activities of the Respondent shall be monitored by the staff of the Board. The Consent Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2006-180 LICENSEE: Lloyd McGraw ADDRESS: P. O. Box 699 Carthage, NC 28327 LISTED QUALIFIED INDIVIDUAL: James Lloyd McGraw Jr. LICENSE NUMBER: 16440-L VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1)(3), (6) and (7) in that: 1. Respondent undertook to perform electrical contracting work on a swimming pool project located at 8161 Inverness Circle in Laurinburg, North Carolina. In the course of work on the project Respondent: (a) failed to complete the project on a timely basis; (b) abandoned the project; and (c) failed to obtain a final inspection. 2. Respondent aided and abetted an unlicensed person, Nathan McGraw, to carry out electrical wiring under Respondent’s license inasmuch as Nathan McGraw was not a bona fide employee of Respondent. 3. Respondent advertised as McGraw Electric when the Board’s records reflect the license is issued as James Lloyd McGraw, Jr., individual. 4. Substantial question was raised at the hearing as to responsibility for the alleged problem in the electrical system. 5. Respondent explained to the Board his son worked regularly for him, that he regretted the failure to account for the work correctly, and that he would promptly correct the name of the business both on the Board records and in the field. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the licensee be admonished to contract in the name in which his license is listed and to be sure all persons working under his license are bona fide employees. There was no objection from Mr. James Lloyd McGraw Jr. and the Recommended Order was approved by the Board as a Final Order on February 21, 2007 EFFECTIVE DATE: February 21, 2007 ****************************************** CASE FILE NUMBER: 2006-267 ADDRESS: 138 Bailyn Lane Stanfield, NC 28163 EXAMINATION APPLICANT Larry W. Earnhardt VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. Promissor, a national testing company contracted by the Board, submitted evidence which appeared to establish Respondent had cheated on the Limited Electrical Examination on October 26, 2006, at the Huntersville North Carolina testing location by bringing and using unauthorized material into the test site. 2. Respondent admitted to the Committee that he had in fact brought study material to the examination despite his knowledge of the Board requirements and his previous denial. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the results of the October 26, 2006, examination be sealed. 2. That any request by the Respondent to sit for examination be denied until Respondent complies with the following requirements: (a) attendance at an examination review offered by the Board; (b) enrollment in and passage of the Contractor Business class offered by Continuing Education Services, LLC or an equivalent approved by the Board; and (c) enrollment in and passage of the Board Disciplinary Code Class offered by Continuing Education Services, LLC or an Electrical Code Class of equal depth approved by the Board. 3. It is the purpose of this Order to prepare Respondent properly and to cause additional delay in sitting for the exam. There was no objection from Mr. Larry W. Earnhardt and the Recommended Order was approved by the Board as a Final Order on February 21, 2007. EFFECTIVE DATE: February 21, 2007 ****************************************** 29 CASE FILE NUMBER: 2007-10 LICENSEE: Mechworks Mechanical Contractors Inc. ADDRESS: PO Box 427 Beaufort NC 28516 LISTED QUALIFIED INDIVIDUAL: Robert Andrew Smith LICENSE NUMBER: 23160-L VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. Respondent offered to perform electrical contracting work on a project known as the HVAC Renovation of Morehead City Elementary School at Camp Glen, North Carolina, exceeding the license limitation of Respondent. 2. Respondent submitted a mechanical and electrical bid for the project which included electrical work far in excess of the Limited license of the Respondent, whose firm is primarily involved in work as a mechanical contractor. Respondent expected to subcontract the electrical work. 3. Subsequent to the bidding of the project, legislation was enacted by the North Carolina General Assembly such that a bid of the type on a public project would be proper today. The particular project was rebid and the bid awarded to another contractor. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: That a warning be issued on the license record of Respondent and Respondent be admonished to maintain a current knowledge of the latest statute revisions pertaining to his license. There was no objection from Mr. Robert Andrew Smith and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2007-46 LICENSEE: Power Source Electrical Construction Company ADDRESS: P. O. Box 684 Fayetteville, NC 28302 LISTED QUALIFIED INDIVIDUAL: Thomas Kevin Smalls LICENSE NUMBER: 13791-I VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(7) in that: 1. A final decision was entered by the Board on May 31, 1989, issuing a reprimand on the License Record of Mr. Smalls. 2. A final decision was issued by the Board on December 14, 1993, denying the application for reinstatement of the license of Power Source Electrical Construction Company, revoking the right of Thomas Kevin Smalls to serve as a listed qualified individual on any license issued by the Board, and ordering that Mr. Smalls during the twelve months immediately preceding any application before the Board, acquire at least 1,000 hours of progressive electrical experience with an employer which the Board finds reputable. 3. A Consent Order was issued by the Board on June 24, 1999, ordering that license be reissued effective July 1, 1999 upon payment of appropriate license fees and that upon issuance of license the license be suspended ninety days by reason of violations set out in the order and license would be reinstated at the end of ninety days without further action by the Board. The Board also admonished Respondent that display of a firearm to a customer or at a job site will be grounds for discipline by the Board. 4. In this proceeding, the evidence confirmed Respondent has failed to complete jobs on a timely basis, has failed to secure permits prior to performance of the work and failed to obtain final inspections after numerous installations and warning by the local inspection department. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the license of Respondent firm and the status of Respondent, Thomas Kevin Smalls, Power Source Electrical Construction Company, as a qualifying individual be placed on probation for a period of twelve (12) months, effective upon final action by the Board. 2. During the period of probation, Respondent shall comply with the following conditions of probation: (a) have written contracts or proposals signed by the licensee and customer for each installation for which licensee is responsible and which have a contract price over $100.00; (b) obtain permits as required for each contract prior to commencement of work, retain a copy of the permit in the job file for each particular installation and assure that a final inspection has been performed by the Local Code Enforcement Official for each installation; (c) submit to the Board within 10 days after the end of each month, a list reflecting the job location and name of jurisdiction, telephone number of the 30 owner, permit number, date of permit, date of installation, dates of passage of final inspection; (d) maintain job files or other written records of contracts made and installations performed; (e) maintain records detailing and documenting his compliance with the provisions of this probation order which records shall be available for inspection at any time during normal business hours upon request of the staff of the Board; and (f) commit no violation of Article 4, Chapter 87 of the General Statutes or the Rules promulgated by the Board. 3. Respondent is reminded that work on projects under his license may be carried out only by his employees, and that arranging final inspection and access to the property is the responsibility of the Respondent. 4. Staff is directed to spot check installations. 5. In the event of violation of the probation order, license will be suspended for ninety (90) days, plus additional sanctions for any new violation of Article 4, Chapter 87 of the General Statutes. There was no objection from Mr. Thomas Kevin Smalls and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2007-87 LICENSEE: Ivey and Sons Electric ADDRESS: 3752 Alamac Road Lumberton, NC 28358 LISTED QUALIFIED INDIVIDUAL: Jeffrey Ronald Ivey LICENSE NUMBER: 25196-L VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1) (7) in that: The Board having reviewed the proposed Consent Order, having heard the statements of counsel for the Board and having reviewed the results of Complaint investigations carried out by Board staff, finds and concludes as follows: 1. The Respondent holds License No. 25196. 2. Complaints have been made to the Board and staff has carried out an investigation which has raised questions with respect to the handling of funds in connection with jobs, completion of work, and compliance with requirements of the North Carolina Building Code (National Electric Code). The Respondent has acknowledged there exists a problem and has made partial effort to address the problem. The Respondent has represented that he desires to surrender his License and does not desire to contest the matters raised as a result of the Complaint investigation. Respondent represents that he is not at this time in business as an electrical contractor. 3. In order to resolve all the matters at issue with the Board, the Respondent and Board staff propose that the Respondent be permitted to tender his license and status as a qualified individual and that this Board accept the tender in lieu of all disciplinary proceedings. Mr. Ivey understands that upon acceptance of this proposal he will no longer have the status as a licensee or qualified individual and that he would not have the right to enter into this field of endeavor in the future unless his future request is granted by the Board. Mr. Ivey understands that such a petition could be opposed by the Board staff and counsel. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: Based upon the foregoing findings and conclusions and with the consent of the Respondent, Jeffrey Ronald Ivey, and upon the recommendation of Board staff, the Board enters the following Order: 1. The proposal by Respondent to tender his license and status as a qualified individual is accepted; 2. Respondent is no longer an electrical contractor nor a listed qualified individual within the meaning of Article 4, Chapter 87 of the General Statutes, effective immediately; and 3. This Board retains complete discretion to grant or deny any future petition for reinstatement of license and impose such conditions as it may see fit after evaluation of the efforts of Respondent to resolve customer issues which have arisen in the course of the Board investigation. There was no objection from Mr. Jeffrey Ronald Ivey and the Recommended Order was approved by the Board as a Final Order on February 21, 2007. EFFECTIVE DATE: June 21, 2007 ****************************************** CASE FILE NUMBER: 2007-113 ADDRESS: 2514 Bedford Ave. Raleigh, NC 27605 EXAMINATION APPLICANT James Justin Moore VIOLATION(S): Violation of North Carolina General Statute 87-47 (a1)(4) in that Applicant had criminal convictions that raised issues with respect to the character and fitness of the Applicant. BOARD ACTION: After a hearing before the Board 31 Disciplinary Committee, the Committee recommended: 1. That the examination application of the Applicant be approved subject to the succeeding paragraphs. 2. That the Applicant take and pass the Board-approved contractor remedial business course and a course on estimating prior to sitting for the examination. 3. That the Applicant continue substance abuse counseling and random drug tests until passing the examination. 4. That Applicant have no new charge or conviction of a crime other than speeding less than 10 miles over the limit or equivalent prior to passing the examination. There was no objection from Mr. James Justin Moore and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 ****************************************** CASE FILE NUMBER: 2007-114 LICENSEE: Federal Supplies, Inc. ADDRESS: 5117 Rodwell Road Fayetteville NC 28311 LISTED QUALIFIED INDIVIDUAL: Richard Weylin Sandlin LICENSE NUMBER: 27313-U VIOLATION(S):Violation of North Carolina General Statute 87-47 (a1)(4) in that Respondent had criminal convictions that raised issues with respect to the character and fitness of the Respondent. BOARD ACTION: After a hearing before the Board Disciplinary Committee, the Committee recommended: 1. That the license application of the Respondent be allowed subject to the succeeding paragraphs. 2. That the Respondent comply with all Federal requirements and the special requirement that he remain free of alcohol or controlled substances until May 2009 and that electrical contracting license be considered to be on probation. 3. A positive drug test or violation of the Federal Supervised Release Order or violation of Article 4, Chapter 87 of the North Carolina General Statutes will result in suspension of license for one (1) year. There was no objection from Mr. Richard Weylin Sandlin and the Recommended Order was approved by the Board as a Final Order on June 21, 2007. EFFECTIVE DATE: July 21, 2007 DATES AHEAD 2007 IAEI SOUTHERN SECTION MEETING The International Association of Electrical Inspectors (IAEI) will hold its Annual Southern Section Meeting at the Shoals Marriott Hotel & Conference Center, Florence, Alabama, October 7-10, 2007. For detailed information, contact Donnie Cook, Meeting Chairman, Telephone 205-620-6650, Email: dcook@shelbycountyalabama.net. 2007 ELECTRICAL APPRENTICE CONTEST The 23rd Annual Electrical Apprentice Contest will be held October 17, 2007 at the NC State Fairgrounds. For detailed information, contact the NCDOL Apprenticeship and Training Bureau, Telephone 919- 733-7533. 2007 IAEI NC ELLIS CANNADY CHAPTER FALL MEETING AND CODE WORKSHOP The NC Ellis Cannady Chapter (IAEI) will hold its Annual Fall Meeting and Code Workshop at the University Hilton, Charlotte, NC, November 4-6, 2007. For detailed information, contact Gary Mullis, Secretary- Treasurer, Telephone 704-336-4364, Email: gary.mullis@mecklenburgcountync.gov. 32 CONSENT AGREEMENTS Criminal background checks a randomly conducted on examination applicants at the time examination applications are received and on listed qualified individuals at the time of issuance of a license and license renewal. Persons with criminal convictions are evaluated to determine if the matter is under the purview of the Board and may be resolved by consent agreement signed by the individual stating that they will be in full compliance of the court imposed sanctions and sanctions of the Board. The individual further acknowledges that failure to comply with the court or Board sanctions could lead to formal proceedings by the Board and more serious sanctions against the individual. Name City County License Bristol David Little Jr. Little Electric LLC Failure to disclose Court action to the Board. Board probation will begin on the date license is renewed and terminate November 1, 2009. Charlotte Mecklenburg 17275-L Christian Taylor Aldred Aldred Electric, Inc. Probation terminates August 9, 2009. Indian Trail Mecklenburg 5231-U LICENSEE – PERMIT WARNING AFFIDAVITS & VERBAL WARNINGS Staff obtains by consent a permit warning affidavit or issues a verbal warning in connection with permit and inspection requirements or other issues under the purview of the Board. The North Carolina Electrical Contracting Licensing Laws and Rules of the Board have been explained to each licensee representative and/or listed qualified individual below. Staff obtained by consent a permit warning affidavit signed by the licensee representative and/ or listed qualified individual or verbal assurance from the licensee representative and/or listed qualified individual stating that they will be in full compliance with the laws and rules applicable to electrical contracting. Licensee representative and/or listed qualified individual also acknowledges that further violations of this nature, if supported by evidence, could lead to formal proceedings against the licensee and listed qualified individual by the Board and to more serious sanctions against the license of the firm. Licensee Qualified Individual County File Number Catawba Valley Electrical Terry Lee Lemons Catawba 2006-228 Precise Electric Company Raymond T. Adams Johnston 2006-156 Advanced Electrical Solutions LLC of NC Brian Andrew Culbertson Cumberland 2006-134 Frank’s Electrical Contracting Co. Frank S. Boone McDowell 2006-258 Force Electric Inc. Michael Lee Sawyer Halifax 2006-270 Seaboard Electrical Services, Inc. Chris Keaton Pridgen Craven 2007-7 E.M. Paynter Electric Eddie Marvin Paynter Rockingham 2006-209 Mark Combs Electric Mark Anthony Combs Guilford 2006-255 Lowdermilk Electric, Inc. Dennis A. Sockwell Alamance 2007-26 BJ Livengood Electrical Mech & Welding Bobby G. Livengood, Jr. Chatham 2007-52 Lee Air Conditioners, Inc. David Kenneth Brese, Jr. Durham |
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