NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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TEMPORARY RULES(1) The net has large mesh in the wings thatmeasure 8 inches to 64 inches;(2) The first body section (belly) of the net has 35or more meshes that are at least 8 inches; and(3) The mesh decreases in size throughout thebody of the net to as small as 2 inches orsmaller towards the terminus of the net.(j)(i) Commercial Season.(1) The North Carolina season for landing oceancaughtflounder shall open January 1 eachyear. If 70 percent of the quota allocated toNorth Carolina in accordance with the jointMid-Atlantic Fishery ManagementCouncil/Atlantic States Marine FisheriesCommission Fishery Management Plan forSummer Flounder is projected to be taken, theFisheries Director shall, by proclamation,close North Carolina ports to landing offlounder taken from the ocean.(2) The season for landing flounder taken in theAtlantic Ocean shall reopen November 1 ifany of the quota allocated to North Carolina inaccordance with the joint Mid-Atlantic FisheryManagement Council/Atlantic States MarineFisheries Commission Fishery ManagementPlan for Summer Flounder remains. If afterreopening, 100 percent of the quota allocatedto North Carolina in accordance with the jointMid-Atlantic Fishery ManagementCouncil/Atlantic States Marine FisheriesCommission Fishery Management Plan forSummer Flounder is projected to be takenprior to the end of the calendar year, theFisheries Director shall, by proclamation,close North Carolina ports to landing offlounder taken from the ocean.(3) During any closed season prior to November1, vessels may land up to 100 pounds offlounder per trip taken from the AtlanticOcean.(k)(j) The Fisheries Director may, by proclamation, establishtrip limits for the taking of flounder from the Atlantic Ocean toassure that the individual state quota allocated to North Carolinain the joint Mid-Atlantic Fishery Management Council/AtlanticStates Marine Fisheries Commission Fishery Management Planfor Summer Flounder is not exceeded.(k) The Fisheries Director may, by proclamation, based onvariability in environmental and local stock conditions, take anyor all of the following actions in the flounder fishery:(1) Specify size;(2) Specify season;(3) Specify area;(4) Specify quantity;(5) Specify means/methods; and(6) Require submission of statistical andbiological data.History Note: Authority G.S. 113-134; 113-169.5; 113-182;113-221; 143B-289.52;Eff. January 1, 1991;Amended Eff. March 1, 1996; February 1, 1992;Temporary Amendment Eff. November 1, 1995 for a period of180 days or until the permanent rule becomes effective,whichever is sooner;Temporary Amendment Eff. December 23, 1996;Amended Eff. April 1, 1997;Temporary Amendment Eff. June 1, 1998; August 18, 1997;Amended Eff. April 1, 1999;Temporary Amendment Eff. May 1, 2000; July 1, 1999;Amended Eff. April 1, 2001; August 1, 2000;Temporary Amendment Eff. September 1, 2004.TITLE 21 – OCCUPATIONAL LICENSING BOARDSCHAPTER 50 - BOARD OF EXAMINERS OFPLUMBING, HEATING AND FIRESPRINKLER CONTRACTORSRule-making Agency: State Board of Examiners of Plumbing,Heating and Fire Sprinkler ContractorsRule Citation: 21 NCAC 50 .0306Effective Date: August 31, 2004Date Approved by the Rules Review Commission: August 19,2004Reason for Action: The Board proposes to amend this Rule todelay until April 1, 2005 (now July 1, 2004) the requirement thatnew applicants for Limited Fire Sprinkler Maintenance licenseobtain both 2000 hours experience and 18 hours classroominstruction, so as to continue to issue license based on 4000hours experience. The reason for the proposed delay is that theprivate sector has been unable to generate and make availablethe classes and coursework contemplated by the present rule,which took effect January 1, 2004. At the time of public hearingand adoption of the permanent rule which created the July 1,2004 change in license prerequisites, the Board, private industryand trade associations expected the coursework to becomeavailable prior to the July 1, 2004 deadline. In the absence ofavailable coursework, the effect of the rule is to require denial ofall applications for Limited Fire Sprinkler Maintenance license,an unintended and surprising consequence no within the controlof the Board.SECTION .0300 – EXAMINATIONS21 NCAC 50 .0306 APPLICATIONS: ISSUANCE OFLICENSE(a) All applicants for examinations shall file an application inthe Board office on a form provided by the Board.(b) Applicants for each plumbing or heating examination shallpresent evidence at the time of application on forms provided bythe Board to establish the equivalent of two years on-site fulltimeexperience in the design and installation of plumbing orheating systems related to the category for which license is19:06 NORTH CAROLINA REGISTER September 15, 2004630
TEMPORARY RULESsought, whether or not license was required for the workperformed. One year of experience in the design or installationof fuel piping is required for fuel piping license. Practicalexperience shall directly involve plumbing, heating or fuelpiping and may include work as a field superintendent, projectmanager, journeyman, mechanic or plant stationary operatordirectly involved in the installation, maintenance, service orrepair of such systems. Service, maintenance or repair activitywork as a local government inspector of plumbing or heatingsystems while qualified by the Code Officials QualificationBoard, work as a field representative of this Board or work by agraduate of an ABET accredited engineering or engineeringtechnology program with direct on-site involvement withplumbing or heating system construction, constructionsupervision, plant engineering or operation may be used asevidence of one-half the practical experience required; providedthat Board members and employees may not sit for examinationduring their tenure with the Board. After review, the Board mayrequest additional evidence. No more than one-half theexperience may be in academic or technical training,maintenance service or repair directly related to the field ofendeavor for which examination is requested. The Board shallpro rate experience which involves the kind of work set outabove less than 40 hours per week or part-time academic workof less than 15 semester or quarter hours.(c) The Board shall issue a license certificate bearing the licensenumber assigned to the qualifying individual.(d) Fire Sprinkler contractors in the unlimited classificationshall meet experience requirements in accordance with NICETexamination criteria.(e) Applicants for licensure in the Limited Fire SprinklerInspection Technician classification shall submit evidenceadequate to establish that the applicant has either:(1) 4000 hours experience involved in inspectionand testing of previously installed firesprinkler systems, consistent with NFPA-25,as a full-time employee of an Unlimited FireSprinkler Contractor or fire insuranceunderwriting organization; or(2) 4000 hours experience involved in inspectionand testing of previously installed firesprinkler systems, consistent with NFPA-25 asa full time employee of a hospital,manufacturing, government or universityfacility which provides training consistent withNFPA-25 in fire sprinkler inspections by arecognized fire sprinkler organization orinstitution of higher education with firesuppression curriculum.(f) Applicants for licensure in the Limited Fire SprinklerInspection Contractor classification must submit evidenceadequate to establish that the applicant was engaged in businessin North Carolina as an independent fire sprinkler inspectioncompany full-time, during three of the five years immediatelypreceding December 31, 2003, or held license as an unlimitedfire sprinkler contractor from this board and was actively andregularly engaged in carrying out fire sprinkler systeminspections in North Carolina.(g) Applicants for licensure in the Limited Fire SprinklerMaintenance classification prior to April 1, 2005 July 1, 2004,must submit evidence of 4000 hours experience as a full-timemaintenance employee in facility maintenance with exposure toperiodic maintenance of fire protection systems consisting ofminor repairs, replacing activated or damaged sprinklers,lubricating control valves, and resetting dry pipe valves.Applicants for initial licensure in the Limited Fire SprinklerMaintenance classification after April 1,2005 July 1, 2004, mustsubmit evidence of 2000 hours experience as a full-timemaintenance employee in facility maintenance with exposure toperiodic maintenance of fire protection systems consisting ofreplacing activated or damaged sprinkler heads, lubricatingcontrol valves, and resetting dry pipe valves, or other tasksitemized as maintenance in NFPA-25, together with 18 hoursclassroom instruction in courses approved by the Boardconsisting entirely of training in fire system maintenance, repairand restoration to service. Applicants who have heldMaintenance license previously are not required to demonstrateexperience in addition to the experience at the time of initiallicensure but willmust present evidence of six hours classroominstruction in courses approved by the Board consisting entirelyof training in fire system maintenance, repair and restoration toservice relevant to the systems in the new place of employment.History Note: Authority G.S. 87-18; 87-21(b);Eff. February 1, 1976;Readopted Eff. September 29, 1977;Amended Eff. January 1, 2004; July 1, 2003; August 1, 2002;July 1, 1998; September 1, 1994; November 1, 1993;April 1, 1991; May 1, 1990;Temporary Amendment Eff. August 31, 2004.19:06 NORTH CAROLINA REGISTER September 15, 2004631
Page 1 and 2: NORTH CAROLINAREGISTERIN THIS ISSUE
Page 3 and 4: NORTH CAROLINA REGISTERPublication
Page 5 and 6: EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: EXECUTIVE ORDERSThis Executive Orde
Page 9 and 10: IN ADDITIONNC DENR will provide aux
Page 11 and 12: IN ADDITION1. In construction where
Page 13 and 14: PROPOSED RULESNote from the Codifie
Page 15 and 16: PROPOSED RULES(5) four or more crim
Page 17 and 18: PROPOSED RULESAuthority G.S. 17E-4;
Page 19 and 20: PROPOSED RULESSECTION .0700 - MINIM
Page 21 and 22: PROPOSED RULEStraining in all topic
Page 23 and 24: PROPOSED RULESassignments. Instruct
Page 25 and 26: PROPOSED RULESthan one year, then t
Page 27 and 28: PROPOSED RULESexpiration of the ins
Page 29 and 30: PROPOSED RULESOF ON-SITE SUBSURFACE
Page 31 and 32: PROPOSED RULESdemonstration backups
Page 33 and 34: PROPOSED RULESthat the standards se
Page 35 and 36: PROPOSED RULESsubsequent changes in
Page 37 and 38: PROPOSED RULES(6) "Successful Compl
Page 39 and 40: PROPOSED RULESdate shall be subject
Page 41 and 42: PROPOSED RULESunauthorized overtime
Page 43 and 44: PROPOSED RULES(9) Regular hourly ra
Page 45 and 46: PROPOSED RULESAuthority G.S. 126-4.
Page 47 and 48: PROPOSED RULESschedules. The employ
Page 49: TEMPORARY RULESNote from the Codifi
Page 53 and 54: APPROVED RULESterm of the loan with
Page 55 and 56: APPROVED RULESmodifications or repl
Page 57 and 58: APPROVED RULEShigher distribution s
Page 59 and 60: RULES REVIEW COMMISSIONThis Section
Page 61 and 62: RULES REVIEW COMMISSION1 NCAC 41C .
Page 63 and 64: RULES REVIEW COMMISSIONVictim Safet
Page 65 and 66: RULES REVIEW COMMISSIONAmend/*Equip
Page 67 and 68: RULES REVIEW COMMISSIONRepeal/*Floo
Page 69 and 70: RULES REVIEW COMMISSIONAmend/*Adver
Page 71 and 72: RULES REVIEW COMMISSIONAmend/*Actio
Page 73 and 74: CONTESTED CASE DECISIONSThis Sectio
Page 75: CONTESTED CASE DECISIONSOFFICE OF S

NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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