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.
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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.
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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
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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.
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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
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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.
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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
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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
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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