North Carolina Licensing Board for General Contractors
Volume XXIV
Winter/Spring
2 0 0 5
Number 1
In this Issue
New Rules Become Effective
in March 2005
Governor Appoints Jerry Smith
To Licensing Board
2004 Homeowners Recovery
Fund Report
Child Labor Laws Information
For Employers
Loaning, Sharing Your General
Contractors License — Not
A Good Idea
Disciplinary Action
Licensing Board
Calendar
Good Friday/Board Office Closed
March 25, 2005
Regular Board Meeting
April 13, 2005
Memorial Day/Board Office Closed
May 30, 2005
Independence Day/Board Office
Closed
July 4, 2005
Regular Board Meeting
July 13, 2005
Labor Day/Board Office Closed
September 5, 2005
RULES CHANGE CERTAIN FINANCIAL RESPONSIBILITY REQUIREMENTS,
RECOVERY FUND APPLICATION PROCEDURES
New Rules Become Effective In March 2005
The Licensing Board began proceedings
in September 2004 to amend several
rules contained in 21 NCAC 12. The
two rules become effective March 1,
2005. The Board conducted a public hearing on
October 13, 2004 in order to receive public com¬
ment on the proposed amendments, which were
published in the September 1, 2004 issue of The
North Carolina Register.
Rule .0204 (a)(4) Eligibility, is amended to
include provisions requiring limited license
applicants to provide an audited financial state¬
ment as part of an application if the applicant is
in bankruptcy. The rule is designed to assure that
limited license holders are financially responsible
and fiscally stable.
Rule .0903 (a), Application for Payment, requires
applicants in Homeowners Recovery Fund
claims, w hen claiming against the estate of a
deceased general contractor, to submit a state¬
ment from the estate administrator that the
claimant will not receive payment from the
estate. The rule allows such applicants to proceed
against the Homeowners Recovery Fund without
needless delay.
Text of the actual rules is printed below. The
portion of text with strike-through is deleted and
new text is underlined.
SECTION .0200 - LICENSING
REQUIREMENTS
21 NCAC 12.0204 Eligibility
(a) Limited License. The applicant for such a
license must:
(1) Be entitled to be admitted to the examination
given by the Board in light of the require¬
ments set out in G.S. 87-10 and Section .0400
of this Chapter;
(2) Be financially stable to the extent that the
total current assets of the applicant or the
firm or corporation he represents exceed the
total current liabilities by at least seventeen
thousand dollars ($17,000.00): tmd
(3) Successfully complete 70 percent of the
examination given the applicant by the Board
dealing with the specified contracting classifi¬
cation chosen by the applicant, applicant: and
continued on page 4
Governor Appoints Jerry Smith To
Licensing Board
Jerry Smith, Senior Vice President and
Co- Division Manager of the Utilities
Division for T.A. Loving Company,
Goldsboro, has been appointed by Gov¬
ernor Mike Easley to the Licensing Board. Mr.
Smith replaces R. Kelly Barnhill as the public
utility contractor member on the Licensing
Board.
Mr. Smith’s appointment began February 2,
2005 and his term expires December 31,
2009. Mr. Smith started his career with T.A.
Loving Company in 1967 as a rod man on a
survey crew, working his way to superinten¬
dent and project manager, and became Utility
Division Co-Manager in 1988. He is currently
Division Manager and member of the com¬
pany’s Board of Directors. Mr. Smith has been
a leader in North Carolina’s construction in¬
dustry through his affiliation with several
industry associations, including Carolines AGC,
where he served on its Board of Directors as
Utility Division Vice Chairman and Chairman.
Currently he is a member of the North
Carolina Underground Utility Damage Pre¬
vention Coalition and NC Utility Contractors
Association Board of Directors. Mr. Smith has
been married to his wife Agnes for 40 years
and has two sons, Eddie and Jeff.
