Chapter_89G

NC General Statutes - Chapter 89G 1
Chapter 89G.
Irrigation Contractors.
§ 89G-1. Definitions.
The following definitions apply in this Chapter:
(1) Board. – The North Carolina Irrigation Contractors' Licensing Board.
(2) Irrigation construction or contracting. – The act of providing services as an
irrigation contractor for compensation or other consideration.
(3) Irrigation contractor. – Any person who, for compensation or other
consideration, constructs, installs, expands, services, or repairs irrigation
systems.
(4) Irrigation system. – All piping, fittings, sprinklers, drip tubing, valves,
control wiring of 30 volts or less, and associated components installed for
the delivery and application of water for the purpose of irrigation that are
downstream of a well, pond or other surface water, potable water or
groundwater source, or grey water source and downstream of a backflow
prevention assembly. Surface water, potable water or groundwater sources,
water taps, utility piping, water service lines, water meters, backflow
prevention assemblies, stormwater systems that service only the interior of a
structure, and sanitary drainage systems are not part of an irrigation system.
(5) Person. – An individual, firm, partnership, association, corporation, or other
legal entity. (2008-177, s. 1.)

§ 89G-2. License required.
Except as otherwise provided in this Chapter, no person shall engage in the practice of
irrigation construction or contracting, use the designation "irrigation contractor," or advertise
using any title or description that implies licensure as an irrigation contractor unless the person
is licensed as an irrigation contractor as provided by this Chapter. All irrigation construction or
contracting performed by an individual, partnership, association, corporation, firm, or other
group shall be under the direct supervision of an individual licensed by the Board under this
Chapter. (2008-177, s. 1.)

§ 89G-3. Exemptions.
The provisions in this Chapter shall not apply to:
(1) Any federal or State agency or any political subdivision performing
irrigation construction or contracting work on public property.
(2) Any property owner who performs irrigation construction or contracting
work on his or her own property.
(3) A landscape architect registered under Chapter 89A of the General Statutes.
(4) A professional engineer licensed under Chapter 89C of the General Statutes.
(5) Any irrigation construction or contracting work where the price of all
contracts for labor, material, and other items for a given jobsite is less than
two thousand five hundred dollars ($2,500).
(6) Any person performing irrigation construction or contracting work for
temporary irrigation to establish vegetative cover for erosion control.
(7) Any person performing irrigation construction or contracting work to control
dust on commercial construction sites or mining operations.
(8) Any person performing irrigation construction or contracting work for use in
agricultural production, farming, or ranching, including land application of
animal wastewater.
(9) Any person performing irrigation construction or contracting work for use in
commercial sod production.
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(10) Any person performing irrigation construction or contracting work for use in
the commercial production of horticultural crops, including nursery and
greenhouse operators.
(11) A general contractor licensed under Article 1 of Chapter 87 of the General
Statutes.
(12) A wastewater contractor certified under Article 5 of Chapter 90A of the
General Statutes who performs only the construction of or repair to a
wastewater dispersal system.
(13) A public utility contractor licensed under Article 1 of Chapter 87 of the
General Statutes.
(14) A plumbing contractor licensed under Article 2 of Chapter 87 of the General
Statutes who performs only the following work: installation, repairs, or
maintenance of water mains, water taps, service lines, water meters, or
backflow prevention assemblies supplying water for irrigation systems; or
repairs to an irrigation system.
(15) Any person performing irrigation construction or contracting work for a golf
course.
(16) (See editor's note for applicability) Any person maintaining or repairing an
irrigation system owned by the homeowners association of a planned
community and located within the planned community's common elements
as defined in G.S. 47F-1-103. (2008-177, s. 1.)

§ 89G-4. The North Carolina Irrigation Contractors' Licensing Board.
(a) Composition and Terms. – The North Carolina Irrigation Contractors' Licensing
Board is created. The Board shall consist of nine members who shall serve staggered terms.
The initial Board shall be selected on or before October 1, 2008, as follows:
(1) The Commissioner of Agriculture, upon the recommendation of the
Carolinas Irrigation Association, shall appoint two irrigation contractors, one
to serve a one-year term and one to serve a three-year term.
(2) The General Assembly, upon the recommendation of the Speaker of the
House of Representatives and pursuant to recommendations from the North
Carolina Green Industry Council, shall appoint two members, one who is a
registered landscape contractor in good standing with the North Carolina
Landscape Contractors Registration Board to serve a one-year term and one
who is an irrigation contractor to serve a three-year term.
(3) The General Assembly, upon the recommendation of the President Pro
Tempore of the Senate, shall appoint two irrigation contractors, one to serve
a one-year term and one to serve a two-year term.
(4) The President of The University of North Carolina System shall appoint one
member from within the ranks of the land grant university community who
is knowledgeable in irrigation methods and practices to serve a three-year
term. The position is open to both current employees of The University of
North Carolina System and persons who have earned emeritus status with
The University of North Carolina System.
(5) The Board of Directors of the North Carolina Chapter of the American
Society of Landscape Architects shall appoint one member who is a
registered landscape architect to serve a two-year term.
(6) The Governor shall appoint one public member to serve a two-year term.
Upon the expiration of the terms of the initial Board members, each member shall be
appointed by the appointing authorities designated in subdivisions (1) through (6) of this
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subsection for a three-year term and shall serve until a successor is appointed and qualified. No
member may serve more than two consecutive full terms.
(b) Qualifications. – Members of the Board shall be residents of this State. The
irrigation contractor members shall meet the requirements for licensure under this Chapter and
remain in good standing with the Board during their terms. The public member of the Board
shall not be: (i) trained or experienced in irrigation construction or contracting; (ii) an agent or
employee of a person engaged in the practice of irrigation construction or contracting; or (iii)
the spouse of an individual who may not serve as a public member of the Board.
(c) Vacancies. – Any vacancy on the Board created by death, resignation, or otherwise
shall be filled in the same manner as the original appointment, except that all unexpired terms
of Board members appointed by the General Assembly shall be filled in accordance with G.S.
120-122. Appointees to fill vacancies shall serve the remainder of the unexpired term and until
their successors are appointed and qualified.
(d) Removal. – The Board may remove any of its members for neglect of duty,
incompetence, or unprofessional conduct. A member subject to disciplinary proceedings in the
member's capacity as a licensed irrigation contractor shall be disqualified from participating in
the official business of the Board until the charges have been resolved.
(e) Officers and Meetings. – The Board shall elect annually a chair and other officers as
it deems necessary to carry out the purposes of this Chapter and shall hold meetings at least
twice a year. A majority of the Board shall constitute a quorum.
(f) Compensation. – Each member of the Board may receive per diem and
reimbursement for travel and subsistence as set forth in G.S. 93B-5.
(g) Assistance. – The Board shall be entitled to the services of the Attorney General in
connection with the affairs of the Board or may, in its discretion, employ an attorney to assist
or represent it in the enforcement of this Chapter. (2008-177, s. 1.)

§ 89G-5. Powers and duties.
The Board shall have the following powers and duties:
(1) To administer and enforce the provisions of this Chapter.
(2) To adopt, amend, or repeal rules to carry out the provisions of this Chapter.
(3) To examine and determine the qualifications and fitness of applicants for
licensure and licensure renewal.
(4) To issue, renew, deny, restrict, suspend, or revoke licenses.
(5) To reprimand or otherwise discipline licensees under this Chapter.
(6) To receive and investigate complaints from members of the public.
(7) To conduct investigations to determine whether violations of this Chapter
exist or constitute grounds for disciplinary action against licensees under this
Chapter.
(8) To conduct administrative hearings in accordance with Chapter 150B of the
General Statues.
(9) To seek injunctive relief through any court of competent jurisdiction for
violations of this Chapter.
(10) To collect fees required by G.S. 89G-10 and other monies permitted by law
to be paid to the Board.
(11) To require licensees to file and maintain an adequate surety bond.
(12) To establish and approve continuing educational requirements for persons
licensed under this Chapter.
(13) To employ a secretary-treasurer and any other clerical personnel the Board
deems necessary to carry out the provisions of this Chapter and to fix
compensation for employees.
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(14) To maintain a record of all proceedings conducted by the Board and make
available to licensees and other concerned parties an annual report of all
Board actions.
(15) To adopt and publish a code of professional conduct and practice for all
persons licensed under this Chapter. The code shall establish minimum
standards for water conservation in the practice of irrigation construction and
contracting.
(16) To publish a list of irrigation best management practices to be followed by
licensed irrigation contractors.
(17) To adopt a seal containing the name of the Board for use on licenses and
official reports issued by the Board. (2008-177, s. 1.)

§ 89G-6. Application; qualifications; examination; issuance.
(a) Upon application to the Board and the payment of the required fees, an applicant
may be licensed under this Chapter as an irrigation contractor if the applicant submits evidence
that demonstrates his or her qualifications as prescribed in rules adopted by the Board and
meets all of the following qualifications:
(1) Is at least 18 years of age.
(2) Is of good moral character as determined by the Board.
(3) Has at least three years of experience in irrigation construction or
contracting or the educational equivalent. Two years of educational training
in irrigation construction or contracting shall be the equivalent of one year of
experience.
(4) Files with the Board and maintains a corporate surety bond executed by a
company authorized to do business in this State or an irrevocable letter of
credit issued by an insured institution. The surety bond or the letter of credit
shall be in the amount of ten thousand dollars ($10,000). The surety bond or
letter of credit shall be approved by the Board as to form and shall be
conditioned upon the obligor's faithfully conforming to and abiding by the
provisions of this Chapter. Any person claiming to be injured by an act of a
licensed irrigation contractor that constitutes a violation of this Chapter may
institute an action to recover against the licensee and the surety.
(b) If the application is satisfactory to the Board, the applicant shall be required to pass
an examination administered by the Board. The Board shall establish the scope and subject
matter of the examination, and an examination shall be held at least twice a year at a time and
place to be determined by the Board. The examination, at a minimum, shall test the applicant's
understanding of the following:
(1) Efficiency of water use and conservation in the practice of irrigation
construction and contracting.
(2) Proper methods of irrigation construction.
(3) Proper methods for irrigation installation.
(4) Basic business skills.
(c) When the Board determines that an applicant has met all the requirements for
licensure, the Board shall issue a license to the applicant. (2008-177, s. 1.)

§ 89G-7. Use of seal; posting license.
(a) Upon licensure by the Board, each irrigation contractor shall obtain a seal of the
design authorized by the Board and bearing the name of the licensee, the number of the license,
and the legend "N.C. Licensed Irrigation Contractor." An irrigation contractor may use the seal
only while the license is valid.
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(b) Every irrigation contractor issued a license under this Chapter shall display the
license conspicuously in the contractor's place of business. (2008-177, s. 1.)

§ 89G-8. Reciprocity.
The Board may issue a license, without examination, to any person who is an irrigation
contractor licensed, certified, or registered in another state or country if the requirements for
licensure, certification, or registration in the other state or country are substantially equivalent
to the requirements for licensure in this State. (2008-177, s. 1.)

§ 89G-9. License renewal and continuing education.
(a) Every license issued under this Chapter shall be renewed on or before December 31
of each year. Any person who desires to continue to practice shall apply for license renewal and
shall submit the required fees. Licenses that are not renewed shall be automatically revoked. A
license may be renewed at any time within one year after its expiration, if: (i) the applicant pays
the required renewal fee and late renewal fee; (ii) the Board finds that the applicant has not
used the license in a manner inconsistent with the provisions of this Chapter or engaged in the
practice of irrigation construction or contracting after notice of revocation; and (iii) the
applicant is otherwise eligible for licensure under the provisions of this Chapter. When
necessary, the Board may require a licensee to demonstrate continued competence as a
condition of license renewal.
(b) As a condition of license renewal, a licensee shall meet continuing education
requirements set by the Board. Each licensee shall complete 10 continuing education units per
year. Failure to obtain continuing education units shall result in the forfeiture of a license. Upon
forfeiture, a person shall be required to submit a new application and retake the examination as
provided in this Chapter. (2008-177, s. 1.)

§ 89G-10. Expenses and fees.
(a) The Board may impose the following fees not to exceed the amounts listed below:
(1) Application fee $100.00
(2) Examination fee 200.00
(3) License renewal 100.00
(4) Late renewal fee 50.00
(5) License by reciprocity 250.00
(6) Corporate license 100.00
(7) Duplicate license 25.00.
(b) When the Board uses a testing service for the preparation, administration, or grading
of examinations, the Board may charge the applicant the actual cost of the examination
services.
(c) The Board must annually review the fees set out in this section to determine whether
these fees reflect the actual cost of administering this act and seek legislative changes to the
fees if necessary. (2008-177, ss. 1, 5.)

§ 89G-11. Disciplinary action.
The Board may deny, restrict, suspend, or revoke a license or refuse to issue or renew a
license if a licensee or applicant:
(1) Employs the use of fraud, deceit, or misrepresentation in obtaining or
attempting to obtain a license or the renewal of a license.
(2) Practices or attempts to practice irrigation construction or contracting by
fraudulent misrepresentation.
(3) Commits an act of gross malpractice or incompetence as determined by the
Board.
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(4) Has been convicted of or pled guilty or no contest to a crime that indicates
that the person is unfit or incompetent to practice as an irrigation contractor
or that indicates that the person has deceived or defrauded the public.
(5) Has been declared incompetent by a court of competent jurisdiction.
(6) Has willfully violated any provision in this Chapter or any rules adopted by
the Board.
(7) Uses or attempts to use the seal in a fraudulent or unauthorized manner.
(8) Fails to file the required surety bond or letter of credit or to keep the bond or
letter of credit in force. (2008-177, s. 1.)

§ 89G-12. Civil penalties.
(a) In addition to taking any of the actions permitted under G.S. 89G-11, the Board may
assess a civil penalty not in excess of two thousand dollars ($2,000) for each violation of any
section of this Chapter or the violation of any rules adopted by the Board. The clear proceeds of
any civil penalty assessed under this section shall be remitted to the Civil Penalty and
Forfeiture Fund in accordance with G.S. 115C-457.2.
(b) Before imposing and assessing a civil penalty and fixing the amount of the penalty,
the Board shall, as a part of its deliberations, take into consideration the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition of a civil penalty when considered
alone or in combination with other punishment.
(3) Whether the violation was willful and malicious.
(4) Any other factors that would tend to mitigate or aggravate the violation
found to exist.
(c) Schedule of Civil Penalties. – The Board shall establish a schedule of civil penalties
for violations of this Chapter and rules adopted by the Board. (2008-177, s. 1.)

§ 89G-13. Injunction to prevent violation; notification of complaints.
(a) If the Board finds that a person who does not have a license issued under this
Chapter is engaging in the practice of irrigation construction or contracting, the Board may
appear in its own name in superior court in actions for injunctive relief to prevent any person
from violating the provisions of this Chapter or rules adopted by the Board.
(b) A licensed irrigation contractor shall notify the Board by registered mail of any
complaints filed against the contractor within 30 days from the date the complaint was filed.
(2008-177, s. 1.)