Title 13 NCAC — Labor

title-1313 NCACRegulation

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Chapter 01 Departmental Rules

Subchapter A

13 NCAC 01A .0101 Name: Address: Hours {#sec-13-ncac-01a-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0101}

History

  • Status: repealed
  • Authority G.S. 95-1; 95-2; 95-4; 95-11; 143A-67; 143A-68
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01A .0102 purpose {#sec-13-ncac-01a-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0102}

History

  • Status: repealed
  • Authority G.S. 95-1; 95-2; 95-4; 95-11; 143A-67; 143A-68
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01A .0103 commissioner {#sec-13-ncac-01a-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0103}

History

  • Status: repealed
  • Authority G.S. 95-1; 95-2; 95-4; 95-11; 143A-67; 143A-68
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01A .0104 deputy commissioner: assistant to the commissioner {#sec-13-ncac-01a-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0104}

History

  • Status: repealed
  • Authority G.S. 95-1; 95-2; 95-4; 95-11; 143A-67; 143A-68
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01A .0201 divisions {#sec-13-ncac-01a-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0201}

History

  • Status: repealed
  • Authority G.S. 74-24.19; 94-4; 95-4; 95-11; 95-12; 95-35; 95-36.3; 95-47.9; 95-69.12; 95-133; 143A-69
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01A .0202 Controller's Office {#sec-13-ncac-01a-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0202}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01A .0203 Communications Office {#sec-13-ncac-01a-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0203}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01A .0204 Personnel Office {#sec-13-ncac-01a-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01A .0204}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.

Subchapter B

13 NCAC 01B .0101 Instructions for Filing a Petition for Rule-Making {#sec-13-ncac-01b-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0101}

(a) Any person may petition the Commissioner of Labor to adopt a new permanent rule, or amend or repeal an existing permanent rule by submitting a rule-making petition to the Rulemaking Coordinator, N.C. Department of Labor, 1101 Mail Service Center, Raleigh, NC 27699-1101.

(b) The petition shall be titled "Petition for Rule-making" and shall include the following information:

(1) the name and address of the person submitting the petition;

(2) a citation to any rule for which an amendment or repeal is requested;

(3) the text of any proposed rule or amended rule; and

(4) a statement of the effect of the requested rule change on the Department of Labor to include the effect on those over whom the agency has jurisdiction.

(c) The petition may include the following to provide clarifying information to the Commissioner of Labor:

(1) documents or data supporting the petition;

(2) a statement of the reasons for adoption of the proposed rule(s), amendment, or repeal of an existing rule(s), to include why the proposed rule(s) or amendment is requested;

(3) a statement explaining the costs and computation of the cost factors, if known;

(4) a description, including named entities, if known, of those most likely to be affected by the proposed rule(s);

(5) the statutory authority for the agency to promulgate the rule(s); and

(6) any other information the person submitting the petition considers relevant.

(d) The Commissioner of Labor shall grant or deny a petition for rule-making within 30 days of the date the rule-making petition is received by the agency. In making the decision, the Commissioner of Labor shall consider the information submitted with the petition and any other relevant information.

(e) In the review of the proposed permanent rule, the Commissioner of Labor shall consider whether the Department has authority to adopt the rule; the effect of the proposed rule on existing rules, programs, and practices; probable costs and cost factors of the proposed rule; and the impact of the rule on the public and regulated entities.

(f) When the Commissioner of Labor denies a petition for rule-making, a written notice of the denial shall be sent to the person who submitted the request. The notice shall state the reason for the denial.

(g) When the Commissioner of Labor grants a rule-making petition, the Rulemaking Coordinator shall initiate permanent rule-making proceedings and send written notice of the proceedings to the person who submitted the request.

History

  • Authority G.S. 95-4(2); 150B-20
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. April 1, 2001; July 1, 1988; December 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. May 1, 2022; January 1, 2020.
13 NCAC 01B .0102 Mailing List {#sec-13-ncac-01b-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0102}

(a) Any person or agency desiring to be placed on the mailing list for the Department's rule-making notices issued pursuant to G.S. 150B-21.2(d) may file a request in writing to the Commissioner of the Department at 1101 Mail Service Center Raleigh, NC 27699-1101.

(b) The request shall:

(1) include the person's name and address;

(2) specify the subject areas within the authority of the Department for which notice is requested; and

(3) state the calendar year(s) for which the notice is desired.

History

  • Authority G.S. 95-4(2); 150B-21.2
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. May 1, 2022.
13 NCAC 01B .0103 Disposition of Petitions {#sec-13-ncac-01b-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0103}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 150B-16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Repealed Eff. May 1, 2022.
13 NCAC 01B .0201 Timing of Notice {#sec-13-ncac-01b-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0201}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 150B-12(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0202 Notice Mailing List {#sec-13-ncac-01b-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0202}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0203 additional information {#sec-13-ncac-01b-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0203}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0301 Request to Participate {#sec-13-ncac-01b-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0301}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0302 contents of request: general time limitations {#sec-13-ncac-01b-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0302}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0303 receipt of request: specific time limits {#sec-13-ncac-01b-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0303}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0304 written submissions {#sec-13-ncac-01b-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0304}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0305 presiding officer: powers and duties {#sec-13-ncac-01b-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0305}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0306 statement of reasons for decision {#sec-13-ncac-01b-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0306}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0307 record of proceedings {#sec-13-ncac-01b-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0307}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-12
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0308 Emergency Rules {#sec-13-ncac-01b-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0308}

History

  • Status: repealed
  • Authority G.S. 95-4; 74A-1; 150B-13
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0401 Subjects of Declaratory Rulings {#sec-13-ncac-01b-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0401}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0402 submission of request for ruling {#sec-13-ncac-01b-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0402}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0403 disposition of requests {#sec-13-ncac-01b-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0403}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0404 record of decision {#sec-13-ncac-01b-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0404}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0405 definition {#sec-13-ncac-01b-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0405}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0501 Right to Hearing {#sec-13-ncac-01b-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0501}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-23
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0502 petition for hearing {#sec-13-ncac-01b-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0502}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-23
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0503 Granting or Denying Hearing Requests {#sec-13-ncac-01b-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0503}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0504 Notice of Hearing {#sec-13-ncac-01b-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0504}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0505 Who Shall Hear Contested Cases {#sec-13-ncac-01b-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0505}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0506 Petition for Intervention {#sec-13-ncac-01b-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0506}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0507 Types of Intervention {#sec-13-ncac-01b-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0507}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0508 Disqualification of Hearing Officers {#sec-13-ncac-01b-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0508}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0601 Failure to Appear {#sec-13-ncac-01b-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0601}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-25(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0602 Simplification of Issues {#sec-13-ncac-01b-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0602}

History

  • Status: repealed
  • Authority G.S. 95-4; 150B-33
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0603 Subpoenas {#sec-13-ncac-01b-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0603}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 150B-27; 150B-28(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0604 Depositions {#sec-13-ncac-01b-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0604}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 150B-27; 150B-28(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Repealed Eff. July 1, 1988.
13 NCAC 01B .0605 Request for Department Records {#sec-13-ncac-01b-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0605}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-4(2); 150B-2(2); 150B-23(a); 150B-28(b); 150B-36
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0606 assistance of counsel {#sec-13-ncac-01b-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0606}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-4(2); 150B-2(2); 150B-23(a); 150B-28(b); 150B-36
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0607 final decisions in administrative hearings {#sec-13-ncac-01b-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0607}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-4(2); 150B-2(2); 150B-23(a); 150B-28(b); 150B-36
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01B .0608 applicability {#sec-13-ncac-01b-.0608 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01B .0608}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-4(2); 150B-2(2); 150B-23(a); 150B-28(b); 150B-36
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.

Subchapter C

13 NCAC 01C .0101 General Provisions {#sec-13-ncac-01c-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0101}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0102 assignment of responsibility {#sec-13-ncac-01c-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0102}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0103 job structuring {#sec-13-ncac-01c-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0103}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0104 Training and Education {#sec-13-ncac-01c-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0104}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0105 Program Evaluation {#sec-13-ncac-01c-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0105}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0106 Discrimination Complaints {#sec-13-ncac-01c-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0106}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0201 General Provisions {#sec-13-ncac-01c-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0201}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Amended Eff. October 7, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0202 application procedure {#sec-13-ncac-01c-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0202}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Amended Eff. October 7, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0203 job vacancy announcements {#sec-13-ncac-01c-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0203}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Amended Eff. October 7, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0204 interview procedures {#sec-13-ncac-01c-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0204}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Amended Eff. October 7, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0205 hiring procedures {#sec-13-ncac-01c-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0205}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Amended Eff. October 7, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 2001.
13 NCAC 01C .0206 Orientation Procedures {#sec-13-ncac-01c-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0206}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0301 Parking Policy {#sec-13-ncac-01c-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0301}

History

  • Status: repealed
  • Authority G.S. 143-340(18)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0302 Exception to Policy {#sec-13-ncac-01c-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0302}

History

  • Status: repealed
  • Authority G.S. 143-340(18)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0401 Performance Appraisal {#sec-13-ncac-01c-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0401}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0402 Merit Increment Award {#sec-13-ncac-01c-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0402}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0501 General Provisions {#sec-13-ncac-01c-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0501}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 126-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0502 Discussion with Immediate Supervisor {#sec-13-ncac-01c-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0502}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 126-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0503 Appeal to Personnel Officer {#sec-13-ncac-01c-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0503}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 126-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0504 Appeal to Employee Grievance Committee {#sec-13-ncac-01c-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0504}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 126-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0505 Final Decision by Commissioner {#sec-13-ncac-01c-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0505}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 126-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 01C .0506 Appeal to the State Personnel Commission {#sec-13-ncac-01c-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01C .0506}

History

  • Status: repealed
  • Authority G.S. 95-4(2); 126-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.

Subchapter D

13 NCAC 01D .0101 Training on Human Trafficking {#sec-13-ncac-01d-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01D .0101}

(a) Any individual required to complete the training required by G.S. 130A-511(b) shall complete one of the following existing training courses identified by the Department:

(1) Businesses Ending Slavery and Trafficking ("BEST"): "Inhospitable to Human Trafficking;"

(2) Protect All Children from Trafficking ("PACT"): "Your Role in Preventing Human Trafficking: Recognize the Signs;"

(3) PACT for Employees: "Recognize and Respond: Addressing Human Trafficking in the Hospitality Industry for Associates;"

(4) PACT for Managers: "Recognize and Respond: Addressing Human Trafficking in the Hospitality Industry for Managers;"

(5) Unbound Now: "Identifying and Responding to Human Trafficking: Commercial Lodging and Hospitality Industry;"

(6) Marriott International Human Trafficking Prevention Training;

(7) Hilton, Hyatt, and IHG: "Preventing Human Trafficking;"

(8) Linville Resorts: "Human Trafficking Awareness Training;" or

(9) NC Stop Human Trafficking: "Human Trafficking Training for the Hospitality Industry."

(b) The Department shall provide links to register for each training course on its website at www.labor.nc.gov.

History

  • Authority G.S. 130A-511
  • Eff. September 1, 2025
  • Amended Eff. June 1, 2026.
13 NCAC 01D .0102 Human Trafficking Awareness Signage {#sec-13-ncac-01d-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 01D .0102}

(a) Displaying any sign including the following information shall meet the requirements of G.S. 130A-511(c)(3):

(1) the toll-free National Human Trafficking Resource Hotline telephone number, 1-888-373-7888;

(2) the link for the National Human Trafficking Hotline's website, https://humantraffickinghotline.org/en;

(3) the number to contact the National Human Trafficking Hotline via text message, 233733;

(4) the teletypewriter number for the Human Trafficking Resource Hotline, 711; and

(5) the link for the National Human Trafficking Hotline Web Chat, https://humantraffickinghotline.org/en/chat.

(b) The Department shall make signs containing the information in Paragraph (a) of this Rule available to the public at no cost. These signs will be available for download on the Department's website at www.labor.nc.gov.

(c) Displaying any awareness sign developed by the North Carolina Human Trafficking Commission and available for download at https://www.nccourts.gov/commissions/human-trafficking-commission/human-trafficking-awareness-resource-library#awareness-signs-9133 shall meet the requirements of G.S. 130A-511(c)(3).

History

  • Authority G.S. 130A-511
  • Eff. September 1, 2025.

Chapter 02 Apprenticeship Division (Repealed)

13 NCAC 02 .0101 Name: Address {#sec-13-ncac-02-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0101}

History

  • Status: repealed
  • Authority G.S. 94-1 through 94-4; 94-6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0102 Definitions {#sec-13-ncac-02-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0102}

History

  • Status: repealed
  • Authority G.S. 94-1 through 94-4; 94-6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0103 Purpose: Responsibilities {#sec-13-ncac-02-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0103}

History

  • Status: repealed
  • Authority G.S. 94-1 through 94-4; 94-6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0104 Organization {#sec-13-ncac-02-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0104}

History

  • Status: repealed
  • Authority G.S. 94-1 through 94-4; 94-6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0105 Apprenticeship Council {#sec-13-ncac-02-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0105}

History

  • Status: repealed
  • Authority G.S. 94-1 through 94-4; 94-6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0201 Registration Is Voluntary {#sec-13-ncac-02-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0201}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0202 Initial Interview {#sec-13-ncac-02-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0202}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0203 The Program {#sec-13-ncac-02-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0203}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0204 Approval and Denial of Programs {#sec-13-ncac-02-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0204}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0205 Individual Registration {#sec-13-ncac-02-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0205}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0206 Approval and Denial of Individual for Registration {#sec-13-ncac-02-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0206}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0301 State Registration Agency for Standards {#sec-13-ncac-02-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0301}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4; 94-7; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0302 Standards {#sec-13-ncac-02-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0302}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4; 94-7; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0401 State Approval Agency for Standards {#sec-13-ncac-02-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0401}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0402 Standards {#sec-13-ncac-02-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0402}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0501 Compliance Reviews {#sec-13-ncac-02-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0501}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4
  • 143A-68; 143A-71
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0502 Non-Compliance of Program Sponsor {#sec-13-ncac-02-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0502}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4
  • 143A-68; 143A-71
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0503 Extension of Correction Period {#sec-13-ncac-02-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0503}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-4
  • 143A-68; 143A-71
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0601 Repeated Non-Compliance {#sec-13-ncac-02-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0601}

History

  • Status: repealed
  • Authority G.S. 94-4; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0602 Failure to Comply {#sec-13-ncac-02-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0602}

History

  • Status: repealed
  • Authority G.S. 94-4; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0603 Decision Without a Hearing {#sec-13-ncac-02-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0603}

History

  • Status: repealed
  • Authority G.S. 94-4; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0604 Provisions of De-Registration of Program {#sec-13-ncac-02-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0604}

History

  • Status: repealed
  • Authority G.S. 94-4; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0605 De-Registration of an Individual {#sec-13-ncac-02-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0605}

History

  • Status: repealed
  • Authority G.S. 94-4; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0701 Procedures for Rule-Making {#sec-13-ncac-02-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0701}

History

  • Status: repealed
  • Authority G.S. 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0702 Procedures for Administrative Hearing {#sec-13-ncac-02-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0702}

History

  • Status: repealed
  • Authority G.S. 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.
13 NCAC 02 .0703 Complaints {#sec-13-ncac-02-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 02 .0703}

History

  • Status: repealed
  • Authority G.S. 94-4; 150A
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. February 1, 1984.

Chapter 03 Boiler and Pressure Vessel Division (Repealed)

13 NCAC 03 .0101 Name: Address {#sec-13-ncac-03-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0101}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-69.11; 95-69.12; 95-69.13; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0102 Purpose: Responsibilities {#sec-13-ncac-03-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0102}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-69.11; 95-69.12; 95-69.13; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0103 Organization {#sec-13-ncac-03-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0103}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-69.11; 95-69.12; 95-69.13; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0104 Board {#sec-13-ncac-03-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0104}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-69.11; 95-69.12; 95-69.13; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0105 Definition of Terms {#sec-13-ncac-03-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0105}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-69.11; 95-69.12; 95-69.13; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0201 Certificate of Competency Examination {#sec-13-ncac-03-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0201}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0202 State Commission Card {#sec-13-ncac-03-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0202}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0203 Inspectors to Have No Other Interests {#sec-13-ncac-03-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0203}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0204 Inspection Reports by Special Inspectors {#sec-13-ncac-03-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0204}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0205 Insurance Companies to Notify Director {#sec-13-ncac-03-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0205}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0206 Special Inspectors to Notify the Director {#sec-13-ncac-03-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0206}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0207 Owner-User Inspection Agency {#sec-13-ncac-03-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0207}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0208 Owner or User to Notify Director of Accident {#sec-13-ncac-03-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0208}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15; 95-69.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0209 Certificate and Inspection Fees {#sec-13-ncac-03-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0209}

History

  • Status: repealed
  • Legislative Objection Lodged Eff. June 16, 1980
  • Legislative Objection Removed Eff. May 21, 1981
  • Statutory Authority G.S. 95-69.11; 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0301 Codes and Standards {#sec-13-ncac-03-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0301}
13 NCAC 03 .0302 Minimum Construction Standards {#sec-13-ncac-03-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0302}
13 NCAC 03 .0303 Frequency of Inspections {#sec-13-ncac-03-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0303}
13 NCAC 03 .0304 Notification of Inspection {#sec-13-ncac-03-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0304}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0305 Notification of Noncompliance {#sec-13-ncac-03-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0305}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0306 Defective Conditions Disclosed {#sec-13-ncac-03-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0306}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0307 Validity of Inspection Certificate {#sec-13-ncac-03-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0307}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0308 Restamping Boilers and Pressure Vessels {#sec-13-ncac-03-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0308}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0309 Penalty for Violation {#sec-13-ncac-03-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0309}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0310 Vessels Now in Use to Conform {#sec-13-ncac-03-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0310}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0311 Condemned Boilers and Pressure Vessels {#sec-13-ncac-03-.0311 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0311}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0312 Reinstalled Standard Boilers or Pressure Vessels {#sec-13-ncac-03-.0312 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0312}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0313 Reinstalled Nonstandard Boilers or Pressure Vessels {#sec-13-ncac-03-.0313 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0313}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0314 Installation of Used Boilers or Pressure Vessels {#sec-13-ncac-03-.0314 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0314}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0315 Reinstalled Stationary Boiler or Pressure Vessel {#sec-13-ncac-03-.0315 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0315}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0316 Factor of Safety: Existing Installations {#sec-13-ncac-03-.0316 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0316}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0317 Repairs by Welding {#sec-13-ncac-03-.0317 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0317}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0318 Riveted Patches {#sec-13-ncac-03-.0318 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0318}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0319 Removal of Safety Appliances {#sec-13-ncac-03-.0319 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0319}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0320 Requirements for New Installations {#sec-13-ncac-03-.0320 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0320}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0321 North Carolina Special {#sec-13-ncac-03-.0321 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0321}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0322 Application of State Serial Numbers {#sec-13-ncac-03-.0322 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0322}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0323 Return Loop Connections {#sec-13-ncac-03-.0323 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0323}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0324 Suggestions for Operation {#sec-13-ncac-03-.0324 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0324}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0325 Gas Burners {#sec-13-ncac-03-.0325 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0325}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0326 Repair and Renewal of Fittings and Appliances {#sec-13-ncac-03-.0326 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0326}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0327 Blowoff Equipment {#sec-13-ncac-03-.0327 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0327}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0328 Preparation for Inspection {#sec-13-ncac-03-.0328 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0328}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0329 Improper Preparation for Inspection {#sec-13-ncac-03-.0329 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0329}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0330 Removal of Covering to Permit Inspection {#sec-13-ncac-03-.0330 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0330}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0331 Lap-Seam Crack {#sec-13-ncac-03-.0331 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0331}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0332 Hydrostatic Pressure Test {#sec-13-ncac-03-.0332 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0332}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0333 Safety and/or Safety Relief Valves {#sec-13-ncac-03-.0333 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0333}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0334 Automatic Low-Water Fuel Cutoff and Water-Feeding Device {#sec-13-ncac-03-.0334 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0334}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0335 High Limit Control {#sec-13-ncac-03-.0335 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0335}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0336 Pressure-Reducing Valves {#sec-13-ncac-03-.0336 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0336}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0337 Blowoff Equipment {#sec-13-ncac-03-.0337 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0337}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0338 Venting of Non-Pressurized Condensate Receivers {#sec-13-ncac-03-.0338 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0338}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0339 Location of Discharge Piping Outlets {#sec-13-ncac-03-.0339 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0339}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0340 Major Repairs {#sec-13-ncac-03-.0340 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0340}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0341 Safety Appliances {#sec-13-ncac-03-.0341 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0341}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0342 Supports {#sec-13-ncac-03-.0342 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0342}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0343 Boiler Door Latches {#sec-13-ncac-03-.0343 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0343}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0344 Clearance {#sec-13-ncac-03-.0344 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0344}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0345 Air and Ventilation Requirements {#sec-13-ncac-03-.0345 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0345}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0346 Fired Jacketed Steam Kettles {#sec-13-ncac-03-.0346 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0346}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0347 Fuel Burning Apparatus and Systems (flame Safeguard) {#sec-13-ncac-03-.0347 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0347}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0348 Special Inspection {#sec-13-ncac-03-.0348 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0348}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0349 Shop Inspection {#sec-13-ncac-03-.0349 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0349}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0350 Expansion or Cushion Tanks {#sec-13-ncac-03-.0350 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0350}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0351 Conditions Not Covered {#sec-13-ncac-03-.0351 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0351}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.11(k); 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 15, 1980
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0352 North Carolina Special: Temporary {#sec-13-ncac-03-.0352 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0352}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. July 10, 1978
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0401 Age Limit of Existing Boilers {#sec-13-ncac-03-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0401}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0402 Maximum Allowable Working Pressure: Standard Boilers {#sec-13-ncac-03-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0402}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0403 Maximum Allowable Working Pressure: Nonstandard Boilers {#sec-13-ncac-03-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0403}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0404 Cast-Iron Headers and Mud Drums {#sec-13-ncac-03-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0404}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0405 Pressure on Cast-Iron Boilers {#sec-13-ncac-03-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0405}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0406 Safety Valves {#sec-13-ncac-03-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0406}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0407 Boiler Feeding {#sec-13-ncac-03-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0407}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0408 Water Level Indicators {#sec-13-ncac-03-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0408}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0409 Steam Gauges {#sec-13-ncac-03-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0409}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0410 Temperature Indicator {#sec-13-ncac-03-.0410 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0410}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0411 Stop Valves {#sec-13-ncac-03-.0411 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0411}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0412 Blowoff Connections {#sec-13-ncac-03-.0412 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0412}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0413 Repair and Renewal of Fittings and Appliances {#sec-13-ncac-03-.0413 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0413}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0414 Recommendations for Operation {#sec-13-ncac-03-.0414 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0414}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0415 Separately Fired Superheaters: Economizers: Etc {#sec-13-ncac-03-.0415 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0415}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0416 Steam Jennys {#sec-13-ncac-03-.0416 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0416}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0417 Conditions Not Covered {#sec-13-ncac-03-.0417 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0417}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0501 Standard Boilers {#sec-13-ncac-03-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0501}
13 NCAC 03 .0502 Nonstandard Riveted Boilers {#sec-13-ncac-03-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0502}
13 NCAC 03 .0503 Nonstandard Welded Boilers {#sec-13-ncac-03-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0503}
13 NCAC 03 .0504 Nonstandard Cast-Iron Boilers {#sec-13-ncac-03-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0504}
13 NCAC 03 .0505 Safety Valves {#sec-13-ncac-03-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0505}
13 NCAC 03 .0506 Safety Relief Valve Requirements for Hot Water Boilers {#sec-13-ncac-03-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0506}
13 NCAC 03 .0507 Valve Replacement {#sec-13-ncac-03-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0507}
13 NCAC 03 .0508 Instruments: Fittings and Control Requirements {#sec-13-ncac-03-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0508}
13 NCAC 03 .0509 Low Water Fuel Cutoff {#sec-13-ncac-03-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0509}
13 NCAC 03 .0510 Steam Gauges {#sec-13-ncac-03-.0510 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0510}
13 NCAC 03 .0511 Pressure or Altitude Gauges {#sec-13-ncac-03-.0511 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0511}
13 NCAC 03 .0512 Thermometers {#sec-13-ncac-03-.0512 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0512}
13 NCAC 03 .0513 Water Gauge Glasses {#sec-13-ncac-03-.0513 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0513}
13 NCAC 03 .0514 Stop Valves and Check Valves {#sec-13-ncac-03-.0514 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0514}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0515 Feedwater Connections {#sec-13-ncac-03-.0515 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0515}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0516 Return Pump {#sec-13-ncac-03-.0516 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0516}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0517 Bottom Blowoff and/or Bottom Drain {#sec-13-ncac-03-.0517 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0517}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0518 Repair and Renewal of Fittings and Appliances {#sec-13-ncac-03-.0518 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0518}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0601 Maximum Working Pressure: Standard Pressure Vessels {#sec-13-ncac-03-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0601}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0602 Maximum Working Pressure: Nonstandard Pressure Vessels {#sec-13-ncac-03-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0602}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0603 Inspection of Inaccessible Parts {#sec-13-ncac-03-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0603}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0604 Pressure Relief Devices {#sec-13-ncac-03-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0604}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0605 Safety Appliances {#sec-13-ncac-03-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0605}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0606 Hot Water Supply and/or Storage Vessels {#sec-13-ncac-03-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0606}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0607 Vessels for Water Containment at Ambient Temperature {#sec-13-ncac-03-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0607}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0608 Repair and Renewal of Fittings and Appliances {#sec-13-ncac-03-.0608 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0608}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0609 Conditions Not Covered {#sec-13-ncac-03-.0609 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0609}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0701 Nuclear Energy Systems and Components {#sec-13-ncac-03-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0701}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0702 Inspection During Erection {#sec-13-ncac-03-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0702}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0703 Inservice Inspection {#sec-13-ncac-03-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0703}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0704 Inspection {#sec-13-ncac-03-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0704}

History

  • Status: repealed
  • Authority G.S. 95-69.14
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0801 Certificate of Inspection {#sec-13-ncac-03-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0801}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0802 Certificate of Competency {#sec-13-ncac-03-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0802}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0803 North Carolina Commission Card {#sec-13-ncac-03-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0803}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0804 Owner-User Certificate of Competency {#sec-13-ncac-03-.0804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0804}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.
13 NCAC 03 .0805 Owner-User Application {#sec-13-ncac-03-.0805 omnilex-key=us-nc-regs-official--title-13--13 NCAC 03 .0805}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. May 29, 1981.

Chapter 04 Conciliation and Arbitration Division

Subchapter A

13 NCAC 04A .0101 Name: Address {#sec-13-ncac-04a-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04A .0101}

The Arbitration, Conciliation and Mediation Division is located in the Raleigh office of the department. The mailing address for the division is as follows:

History

  • Authority G.S. 95-4; 95-35; 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 04A .0102 Purpose: Responsibilities {#sec-13-ncac-04a-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04A .0102}

(a) The division works to promote permanent labor-management peace and to protect the interests and rights of labor, management, and the people of the state by the prevention or prompt settlement of labor disputes.

(b) The division offers:

(1) voluntary arbitration services of labor disputes,

(2) conciliation and mediation services in labor disputes,

(3) educational services in labor relations,

(4) technical services in labor relations.

History

  • Authority G.S. 95-32; 95-35; 95-36; 95-36.1; 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04A .0103 Definitions {#sec-13-ncac-04a-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04A .0103}

The following definitions shall apply throughout this Chapter:

(1) "division" -- those employees of the department who are responsible for promoting permanent labor-management peace and protecting the rights and interests of the people of ths state by the prevention or prompt settlement of labor disputes;

(2) "director" -- that individual responsible for planning, directing, controlling, and implementing division services;

(3) "conciliation" -- a process whereby parties in controversy seek to reconcile their differences by using a third party as an intermediary; The conciliator in the conciliation process acts as a catalytic agent, by being available, but does not take an active part in the settlement process;

(4) "mediation" -- a form of conflict resolution, requested by either or both parties in controversy, which serves as a vehicle for continued negotiations and ultimate settlement; The mediator in the mediation process takes an active part in the settlement process by listening, reviewing, analyzing, suggesting, advising, and reasoning with the parties in controversy;

(5) "voluntary arbitration" -- a procedure whereby parties, unable to agree on a solution to a problem, indicate their willingness to be bound by the decision of a neutral third party;

(6) "arbitrator" -- one who intervenes, upon request by the parties, in a labor dispute and renders a binding decision in an unreconcilable controversy;

(7) "bench decision" -- a decision rendered by an arbitrator immediately upon conclusion of the hearing;

(8) "collective bargaining agreement" -- a contract or mutual understanding between a union and company or their representatives setting forth the terms and conditions of employment for a specific period of time;

(9) "party" -- any company, union, or individual employee responsible under the terms of a collective bargaining agreement, or any employer or employee in a non-union employer/employee relationship.

History

  • Authority G.S. 95-36; 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04A .0201 Division: General {#sec-13-ncac-04a-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04A .0201}

The Director of the Arbitration, Conciliation and Mediation Division, appointed by the commissioner and under the supervision of the chief deputy commissioner, is in charge of the everyday operations of the division. The director and his division staff administers conciliation and mediation, educational, and technical services.

History

  • Authority G.S. 95-35; 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04A .0202 Arbitration Panel {#sec-13-ncac-04a-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04A .0202}

The North Carolina Voluntary Arbitration Panel consists of a number of private North Carolina citizens qualified in the general field of labor relations. Their function is to intervene, upon request by the parties, in labor disputes, and to render prompt and just decisions and awards concerning the issue or issues in controversy.

History

  • Authority G.S. 95-36.4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter B

13 NCAC 04B .0101 Request for Arbitration {#sec-13-ncac-04b-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0101}

Requests for the appointment of an arbitrator shall be made in writing to the commissioner. Each request shall be accompanied by:

(1) a copy of the collective bargaining agreement, if any, and a copy of any special agreement to arbitrate; and

(2) either; if the request is made by one party, a signed statement of what that party considers to be the issue(s) or question(s) in dispute, or, if the request is made jointly by the parties;

(3) a statement signed by both, of what they consider to be the issue(s) or question(s) in dispute; or

(4) if they fail to agree thereon, separate statements signed by each party of what each considers to be the issue(s) or question(s) in dispute.

History

  • Authority G.S. 95-36.3; 95-36.6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0102 Availability of Arbitrators {#sec-13-ncac-04b-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0102}

The Commissioner of Labor will acknowledge the receipt of each request for the appointment of an arbitrator and will submit to each of the parties the list of available arbitrators serving on the North Carolina Arbitration Panel.

History

  • Authority G.S. 95-36.3; 95-36.6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0103 Appointment of Arbitrators {#sec-13-ncac-04b-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0103}

(a) The parties may agree upon an arbitrator from the list submitted, or each may strike no more than two names from said list of five unless the commissioner otherwise specifies.

(b) Upon receipt of notification of the agreement of the parties upon an arbitrator from the list submitted, the commissioner will appoint said arbitrator. In the event that he is unable to accept the appointment, the list of available arbitrators will be re-submitted to the parties.

(c) Upon return of the lists from the respective parties, the commissioner will appoint an arbitrator from the undeleted names.

(d) If one of the parties fails to return his copy of the list to the commissioner within two weeks after the lists were forwarded, the commissioner will so inform the other party. On demand by the latter, the commissioner will then appoint an arbitrator from the undeleted names on the returned list.

History

  • Authority G.S. 95-36.3; 95-36.6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0201 General Principles {#sec-13-ncac-04b-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0201}

(a) The arbitrator appointed by the commissioner shall preside at the hearings. The arbitrator shall provide a fair and adequate hearing which assures that both parties have sufficient opportunity to present their respective arguments and evidence and to cross-examine witnesses.

(b) The arbitrator should conform to the various types of hearing procedures desired by the parties. He may:

(1) encourage stipulation of fact;

(2) question the parties' representatives or witnesses, when necessary or advisable, to obtain additional pertinent information; and

(3) request that the parties submit additional information, either at the hearing or by subsequent filing.

(c) The arbitrator should not intrude into a party's presentation so as to prevent that party from putting on its case fairly and adequately.

History

  • Authority G.S. 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0202 Ex-Parte Hearings {#sec-13-ncac-04b-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0202}

(a) In determining whether to conduct an ex-parte hearing, an arbitrator must consider relevant legal, contractual, and other pertinent circumstances.

(b) An arbitrator must be certain, before proceeding ex-parte, that the party refusing or failing to attend the hearing has been given ample notice of the time, place, and purpose of the hearing and adequate opportunity to register objections.

History

  • Authority G.S. 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0203 Transcripts or Recordings {#sec-13-ncac-04b-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0203}

(a) Mutual agreement of the parties as to use or non-use of a transcript must be respected by the arbitrator.

(b) If the parties do not agree on a transcript, an arbitrator may permit one party to have a transcript for its own purposes at its own cost. The arbitrator may also make appropriate arrangements under which the other party may have access to a copy if a copy is provided to the arbitrator.

History

  • Authority G.S. 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0204 Oath of Office {#sec-13-ncac-04b-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0204}

When an oath of office is taken, it should serve as a guide for the arbitrator. When an oath is not required or is waived by the parties, the arbitrator shall nevertheless observe the standards which the oath imposes.

History

  • Authority G.S. 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0301 Award {#sec-13-ncac-04b-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0301}

(a) The arbitrator will render the arbitration award promptly in writing. The arbitrator will forward copies of the award to each of the parties and to the commissioner, together with the arbitrator's bill for fees and expenses.

(b) When an arbitrator understands, prior to acceptance of appointment, that a bench decision is expected at the conclusion of the hearing or that a concise written award is expected shortly after the hearing, the arbitrator must comply with the understanding unless both parties agree otherwise, or unless:

(1) Notice of the parties' desire for a bench decision is not given prior to the arbitrator's acceptance of the case, thus making the issuance of such a bench decision discretionary;

(2) Only one party makes the request and the other objects, in which case the arbitrator should not render a bench decision.

History

  • Authority G.S. 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0302 Payment {#sec-13-ncac-04b-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0302}

The parties shall make prompt payment of the arbitrator's bill directly to the arbitrator.

History

  • Authority G.S. 95-36.5
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04B .0303 Code of Responsibility {#sec-13-ncac-04b-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04B .0303}

The commissioner has adopted the "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" (1975) of the American Arbitration Association. Copies of the code may be obtained from the American Arbitration Association, 140 West 51st Street, New York 10020, CustomerService@adr.org, and are available for inspection at the division office.

History

  • Authority G.S. 95-36.3
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.

Subchapter C

13 NCAC 04C .0101 Requests for Mediation {#sec-13-ncac-04c-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04C .0101}

A request for mediation services may be made solely by one party or jointly by both parties involved in a labor dispute. The request should be made to the Director of the Arbitration, Conciliation and Mediation Division.

History

  • Authority G.S. 95-34; 95-36
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04C .0102 Fees {#sec-13-ncac-04c-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04C .0102}

Mediation services are offered free of charge to the parties requesting the service.

History

  • Authority G.S. 95-34
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04C .0103 Intervention by Commissioner {#sec-13-ncac-04c-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04C .0103}

History

  • Status: repealed
  • Authority G.S. 95-36
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.

Subchapter D

13 NCAC 04D .0101 Representation Elections {#sec-13-ncac-04d-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04D .0101}

(a) Upon mutual consent and joint request of the parties, a representation election will be conducted, by the division, to determine whether or not a union possesses majority status in a defined bargaining unit. The appropriate unit, names on the ballots, payroll period for voter eligibility, and the date, hours, and location of election will be defined and agreed upon by the parties prior to the election. Election will be conducted by a secret ballot procedure to protect employee free-choice expression.

(b) The forms used in this procedure are those of the department. The following stipulations are shown on these forms:

(1) appropriate bargaining unit,

(2) method of determination of union majority status,

(3) employer responsibility in the event that it is ascertained that union possesses majority status,

(4) union responsibility in the event that it is ascertained that the union does not possess majority status,

(5) employer and union agreement to use representation election to determine whether or not union possesses majority status.

(c) The tally of ballots form shows the following:

(1) number of eligible voters,

(2) votes cast for union,

(3) votes cast against union,

(4) void ballots,

(5) valid votes counted,

(6) certification (either for or against union majority status).

History

  • Authority G.S. 95-36; 29 U.S.C. sec. 159
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04D .0102 Card-Checks/Certifications {#sec-13-ncac-04d-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04D .0102}

(a) Upon mutual consent and request of the parties, a card-check/certification will be conducted, by the division, to determine whether or not a union possesses majority status in a defined bargaining unit. Prior to the card-check/certification, the appropriate bargaining unit, payroll period ending dates to be used in determining employee members of the appropriate bargaining unit, and the date, time, and location of the card-check/certification must be agreed upon by the parties. A check is made of the signed cards submitted by the union against the list of employees submitted by the employer and thereby, certification made either for or against union majority status.

(b) The forms used in this procedure are those of the department. The following stipulations are shown on these forms:

(1) agreement by the parties to use card-check/certification procedure to clarify or dismiss union's alleged majority status,

(2) appropriate bargaining unit and payroll period ending dates to be used in determining employees comprising the appropriate unit,

(3) employer responsibility in the event that it is ascertained that union possesses majority status,

(4) union responsibility and agreement in the event that it is ascertained that union does not possess majority status,

(5) certification (either for or against union majority status).

History

  • Authority G.S. 95-36; 29 U.S.C. sec. 159
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04D .0201 Availability of Services {#sec-13-ncac-04d-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04D .0201}

The division is available and is often called upon to plan, develop, and present programs, lectures, workshops, and seminars in the area of labor relations pertaining to conflict resolution of labor disputes through arbitration, conciliation, and/or mediation efforts.

History

  • Authority G.S. 95-32
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 04D .0202 Requests for Services {#sec-13-ncac-04d-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 04D .0202}

Requests for these services can be made by telephone or through mail to the division office.

History

  • Authority G.S. 95-32
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Chapter 05 Elevator Division

13 NCAC 05 .0101 Name: Address {#sec-13-ncac-05-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0101}

History

  • Status: repealed
  • Authority G.S. 95-4(1); 95-11(e); 95-110.5; 95-116
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1987; December 1, 1985
  • February 10, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0102 Purpose: Responsibilities {#sec-13-ncac-05-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0102}

History

  • Status: repealed
  • Authority G.S. 95-4(1); 95-11(e); 95-110.5; 95-116
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1987; December 1, 1985
  • February 10, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0103 Organization {#sec-13-ncac-05-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0103}

History

  • Status: repealed
  • Authority G.S. 95-4(1); 95-11(e); 95-110.5; 95-116
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1987; December 1, 1985
  • February 10, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0104 Definitions {#sec-13-ncac-05-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0104}

History

  • Status: repealed
  • Authority G.S. 95-4(1); 95-11(e); 95-110.5; 95-116
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1987; December 1, 1985
  • February 10, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0201 Applicability {#sec-13-ncac-05-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0201}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0202 Responsibility {#sec-13-ncac-05-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0202}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0203 Exceptions and Special Devices {#sec-13-ncac-05-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0203}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0204 Construction Permits {#sec-13-ncac-05-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0204}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0205 Numbering {#sec-13-ncac-05-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0205}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0206 Design: Installation: Alterations and Repairs {#sec-13-ncac-05-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0206}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0207 Acceptance Inspection {#sec-13-ncac-05-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0207}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. May 25, 1979; February 16, 1978
  • February 10, 1978; January 16, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0208 Inspection Fees {#sec-13-ncac-05-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0208}

History

  • Status: repealed
  • Authority G.S. 95-105
  • Eff. February 1, 1976
  • Repealed Eff. December 1, 1985.
13 NCAC 05 .0209 Certificates of Operation {#sec-13-ncac-05-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0209}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0210 Maintenance and Periodic Inspections and Tests {#sec-13-ncac-05-.0210 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0210}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0211 Unsafe Equipment {#sec-13-ncac-05-.0211 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0211}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0212 Accidents {#sec-13-ncac-05-.0212 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0212}

History

  • Status: repealed
  • Authority G.S. 95-11(f)
  • Eff. February 1, 1976
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0213 Wiring Diagrams {#sec-13-ncac-05-.0213 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0213}

History

  • Status: expired
  • Authority G.S. 95-110.5
  • Eff. March 1, 1987
  • Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.
13 NCAC 05 .0301 Elevator Safety Code {#sec-13-ncac-05-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0301}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-110.5
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1987
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0302 Workman's Hoist Code {#sec-13-ncac-05-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0302}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-110.5
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1987
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0303 Stairway Inclined Lift Code {#sec-13-ncac-05-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0303}

History

  • Status: repealed
  • Authority G.S. 95-11(e), (f)
  • Eff. September 30, 1977
  • Amended Eff. June 1, 1978; January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0304 Vertical Wheelchair Lift Code {#sec-13-ncac-05-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0304}

History

  • Status: repealed
  • Authority G.S. 95-11(e), (f)
  • Eff. September 30, 1977
  • Amended Eff. June 1, 1978; January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0401 State Tramway Code {#sec-13-ncac-05-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0401}

History

  • Status: repealed
  • Authority G.S. 95-118; 95-119; 95-120
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1983
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0402 Registration Form {#sec-13-ncac-05-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0402}

History

  • Status: repealed
  • Authority G.S. 95-118; 95-119; 95-120
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 1983
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0501 Definitions {#sec-13-ncac-05-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0501}

History

  • Status: repealed
  • Authority G.S. 95-11(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0502 Responsibility for Compliance {#sec-13-ncac-05-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0502}

History

  • Status: repealed
  • Authority G.S. 95-11(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0503 Devices Not in Compliance {#sec-13-ncac-05-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0503}

History

  • Status: repealed
  • Authority G.S. 95-11(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0504 Load Tests {#sec-13-ncac-05-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0504}

History

  • Status: repealed
  • Authority G.S. 95-11(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0505 Location Notices {#sec-13-ncac-05-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0505}

History

  • Status: repealed
  • Authority G.S. 95-11(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0506 Inspections {#sec-13-ncac-05-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0506}

History

  • Status: repealed
  • Authority G.S. 95-11(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0507 Inspection Fees {#sec-13-ncac-05-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0507}

History

  • Status: repealed
  • Authority G.S. 95-106
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. December 1, 1985.
13 NCAC 05 .0508 Unsafe Devices {#sec-13-ncac-05-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0508}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0509 Accidents {#sec-13-ncac-05-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0509}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0510 Identification and Rating Plates {#sec-13-ncac-05-.0510 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0510}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0511 Rebuilt and Modified Devices {#sec-13-ncac-05-.0511 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0511}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0512 Assembly and Disassembly {#sec-13-ncac-05-.0512 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0512}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0513 Daily Inspection and Test {#sec-13-ncac-05-.0513 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0513}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0514 Prohibited Use {#sec-13-ncac-05-.0514 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0514}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0515 Control of Operation {#sec-13-ncac-05-.0515 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0515}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0516 Overloading and Overspeeding {#sec-13-ncac-05-.0516 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0516}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0517 Wind and Storm Hazards {#sec-13-ncac-05-.0517 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0517}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0518 Lighting {#sec-13-ncac-05-.0518 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0518}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0519 Design and Construction Requirements {#sec-13-ncac-05-.0519 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0519}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0520 Exits {#sec-13-ncac-05-.0520 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0520}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0521 Access and Egress {#sec-13-ncac-05-.0521 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0521}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0522 Emergency Brakes and Anti-Rollback Devices {#sec-13-ncac-05-.0522 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0522}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0523 Signal Systems {#sec-13-ncac-05-.0523 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0523}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0524 Public Protection {#sec-13-ncac-05-.0524 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0524}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0525 Guarding of Machinery {#sec-13-ncac-05-.0525 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0525}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0526 Speed-Limiting Devices Required {#sec-13-ncac-05-.0526 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0526}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0527 Passenger-Carrying Devices {#sec-13-ncac-05-.0527 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0527}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0528 Electrical Safety Requirements {#sec-13-ncac-05-.0528 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0528}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0529 Air Compressors and Equipment {#sec-13-ncac-05-.0529 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0529}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0530 Fire Prevention and Protection {#sec-13-ncac-05-.0530 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0530}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0531 Cleanliness {#sec-13-ncac-05-.0531 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0531}

History

  • Status: repealed
  • Authority G.S. 95-11(e); 95-11(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0601 Registration Form {#sec-13-ncac-05-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0601}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0602 Application to Install {#sec-13-ncac-05-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0602}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0603 Form No. Edf-1a: Inspection Form {#sec-13-ncac-05-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0603}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0604 Form No. Edf-1b: Inspection Form: Amusement Devices {#sec-13-ncac-05-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0604}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0605 Inspection Form: Chair: Gondola Lifts and Ski Tows {#sec-13-ncac-05-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0605}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0606 Inspection Form: Ski Lift Rope {#sec-13-ncac-05-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0606}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0607 Inspection Form: Incline Railroad {#sec-13-ncac-05-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0607}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0608 Daily Amusement Device Record Form {#sec-13-ncac-05-.0608 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0608}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0609 Inspector's Daily Report {#sec-13-ncac-05-.0609 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0609}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0610 Form No. Dl-15-1-16-75-500: Freight {#sec-13-ncac-05-.0610 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0610}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0611 Limited Certificate for Passenger and Freight Service {#sec-13-ncac-05-.0611 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0611}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0612 Form No. Dl-15-1-16-75-500: Passenger {#sec-13-ncac-05-.0612 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0612}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0613 Certificate of Compliance: Freight Elevator {#sec-13-ncac-05-.0613 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0613}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0614 Form No. Be 102 Im-12-72 {#sec-13-ncac-05-.0614 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0614}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0615 Form No. Eip-75: Installation or Alteration Permit {#sec-13-ncac-05-.0615 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0615}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0616 Certificate of Compliance: Dumbwaiter {#sec-13-ncac-05-.0616 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0616}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.
13 NCAC 05 .0617 Certificate of Registration: Passenger Tramway {#sec-13-ncac-05-.0617 omnilex-key=us-nc-regs-official--title-13--13 NCAC 05 .0617}

History

  • Status: repealed
  • Authority G.S. 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1987.

Chapter 06 Mine and Quarry Division

13 NCAC 06 .0101 Name: Address {#sec-13-ncac-06-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0101}

The Mine and Quarry Division is located in the Raleigh office of the department. The mailing address of the division: Mine and Quarry Division, North Carolina Department of Labor, 1101 Mail Service Center, Raleigh, North Carolina 27699-1101.

History

  • Authority G.S. 74-24.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; December 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 06 .0102 Purpose: Responsibilities {#sec-13-ncac-06-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0102}

Through the administration and enforcement of the North Carolina Mine Safety and Health Act, the division works to ensure the safe operation of mines and quarries. Under the supervision of the commissioner, the division is responsible for:

(1) making periodic inspections of mines and quarries throughout the state,

(2) investigating accidents relating to safety and health in a mine in the state,

(3) collecting information and maintaining records regarding the ownership and operation of mines in the state,

(4) conducting education and training programs for miners and mine operators throughout the state,

(5) providing technical assistance to miners and mine operators throughout the state,

(6) conducting research in the area of mine health and safety.

History

  • Authority G.S. 74-24.17; 74-24.13; 74-24.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0103 Organization {#sec-13-ncac-06-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0103}

The Director of the Mine and Quarry Division, appointed by the commissioner and under the supervision of the deputy commissioner, is in charge of the day-to-day operations of the division. The director is assisted by an assistant director. The division is divided into two sections; the inspection section and the education and training section.

History

  • Authority G.S. 74-24.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0104 Advisory Council {#sec-13-ncac-06-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0104}

History

  • Status: repealed
  • Authority G.S. 74-24.6
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. January 5, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 06 .0105 Definitions {#sec-13-ncac-06-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0105}

The following definitions shall apply in this Chapter:

(1) "Division" means the Mine and Quarry Division of the Department of Labor.

(2) "Director" means the Director of the Mine and Quarry Division.

(3) "Act" means the Mine Safety and Health Act of North Carolina General Statutes 74-24.1 - 74-24.20.

(4) "Notice" means official notification to an operator or his agent that a violation of a safety and health standard has been found during an inspection.

(5) "Order" means official notification to an operator or his agent to withdraw all persons from the mine or to discontinue the use of machinery or equipment which is likely to cause serious physical harm.

(6) "Approved" means approved by the commissioner.

History

  • Authority G.S. 74-24.2; 74-24.8; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 06 .0201 Services Offered {#sec-13-ncac-06-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0201}

The education and training section of the division provides:

(1) education and training programs to increase the number and competence of personnel engaged in the field of occupational safety and health in mines, both in the private and in the public sectors;

(2) consultation to operators to institute new programs, methods and procedures for providing safe and healthful working conditions;

(3) research and technical assistance in the field of occupational safety and health in mines by developing innovative methods, techniques, and approaches to mine safety and health;

(4) training of staff personnel, miners, and mine operators in first aid, safety, proper use of rescue equipment, mine evacuation, disaster procedure training, and training in the recognition, avoidance, and prevention of accidents or unsafe and unhealthful working conditions.

History

  • Authority G.S. 74-24.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0202 Requests {#sec-13-ncac-06-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0202}

Operators and miners may request the education, training, consultation, and technical assistance services of the division by contacting the director or any employee of the division.

History

  • Authority G.S. 74-24.16
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0301 Modification of Standards {#sec-13-ncac-06-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0301}

(a) A petition for modification of the application of a safety or health standard to a mine shall be in writing and shall be mailed to the commissioner. The petition shall include:

(1) the name, address, title and affiliation of the petitioner;

(2) identification of the mine at which the modification or variance is sought;

(3) the specific standard or standards for which a modification or variance is sought;

(4) specific reasons for seeking the variance or modification, giving reasons why the standard or standards cannot be strictly complied with;

(5) the name and address of the representative of the miners, if any, and the names, addresses and occupations of all miners who may be affected by a modification or variance from the standard;

(6) specify and fully describe the alternative method of protecting the miners which will guarantee the same measure of protection afforded the miners by the standard or standards or will enhance the level of safety and health provided by the standard or standards;

(7) specify the effects of denial of the modification or variance by the commissioner.

(b) When a hearing is requested by the petitioner, or when the commissioner concludes that a hearing is warranted, the commissioner shall issue notice and hold a public hearing in accordance with the provisions of Article III of Chapter 150B of the North Carolina General Statutes and with the provisions of 13 NCAC 01B .0300.

History

  • Authority G.S. 74-24.5; 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0302 General Inspections {#sec-13-ncac-06-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0302}

(a) Advance Notice. Advance notice will be given only when it is necessary to insure that appropriate mine personnel are present at the time of the inspection. In any case, advance notice shall not be given more than 15 days before the inspection.

(b) Requests for Permission. Inspectors may make tests to determine miner exposure to dust, gases, fumes, vapors and mists, as a routine part of their inspection without requesting permission to do so from the operator or his authorized agent. Inspectors may take photographs of violations of safety and health standards and of objects of general interest only after receiving written or verbal permission from the operator, the agent of the operator, or another person authorized to give such permission.

(c) Closing Conference. Upon completion of an inspection, the inspector shall, when possible, discuss his findings with the mine operator or the authorized agent of the operator. If he determines that the operations of the mine are not in compliance with the regulations of this Chapter, the inspector shall issue either an official notice or an official order to withdraw, and after conferring with the operator or the authorized agent of the operator, shall specify an abatement period for notices issued.

(d) Forms Used. The following forms shall be used:

(1) Notice of Violation Form. The notice of violation form, completed, signed and dated by the inspector shall include the following information: the location of the mine, the name and address of the operator, the standard(s) violated, a description of the violation(s), and the abatement period(s).

(2) Order to Withdraw Form. The order to withdraw form, completed, signed and dated by the inspector shall include the following information: the location of the mine, the name and address of the operator, the standard(s) violated, a description of the violation(s), the specific portion(s) of the mine closed (or specific machinery prohibited).

(e) Notification of Interested Officials. Copies of all notices and orders shall be mailed, as soon as practicable, to other interested mine officials, including the person in charge of safety and health.

(f) Extension of Abatement Period. An operator may request an extension of the abatement period for a violation of a safety and health standard from the inspector or from the director. The request may be in writing, by telephone or in person, and the operator shall fully describe the reason for the requested extension. If the inspector or the director decides to extend the abatement period, the decision shall be in writing and shall be given to the operator and other interested mine officials.

(g) Follow-up Inspections. After the inspection of a mine at which a violation of a safety and health standard is found and a notice is issued, a reinspection or follow-up inspection will be made upon expiration of the abatement period. Following the follow-up inspection, the inspector shall hold a closing conference with the operator or the authorized agent of the operator. In the event of non-abatement, the inspector will either:

(1) extend the abatement period, or

(2) issue an order to withdraw from the affected portion of the mine. In either event, the inspector shall give a written and signed copy of his decision to the operator and to other interested mine officials.

History

  • Authority G.S. 74-24.7; 74-24.8; 74-24.9; 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0303 Health Surveys {#sec-13-ncac-06-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0303}

(a) Agreement. The commissioner has reached an agreement with the Director, Division of Health Services of the North Carolina Department of Human Resources, under which the division of health services shall perform health surveys and investigations of mines in the state.

(b) Frequency of Inspections. The division of health services shall make inspections as follows:

(1) gassy and nongassy underground mines at least once each calendar year,

(2) quarries and open pit mines at least once each two calendar years,

(3) sand and gravel operations at least once each five calendar years.

The division of health services shall also make intermittent and spot-check inspections in order to determine continuous compliance with health standards.

(c) Conduct of Inspection. Advance notice of the inspection will not be given, except as provided for in Rule .0302(a) of this Section. During the inspection, the inspector of the division of health services shall investigate into the following areas, where applicable:

(1) dust exposure;

(2) exposure to fumes, gases, vapors, and particulate matters;

(3) noise exposure; and

(4) radiation exposure.

(d) Report of Findings. As soon as possible after the completion of the inspection or investigation of a mine, the inspector of the division of health services shall furnish the Director of the Mine and Quarry Division with two copies of the inspection report. The report shall include: the name and address of the operator, the location of the mine, a description of the findings of the inspection, a description of the health hazards found, the date of the inspection, and the name of the inspector.

(e) Notices, Orders. If, after reviewing the report of the inspector of the division of health services, the Director of the Mine and Quarry Division determines that a violation of a mine health standard has occurred, the director will issue the official notice or the official order to withdraw, as described in Rule .0302(d) of this Section. The director will mail copies of all notices and orders to other interested mine officials, including the person in charge of safety and health, as soon as practicable.

(f) Follow-up Inspection. The director may request an inspector of the Division of Health Services to make a follow-up inspection of a mine to insure that the operator has complied with the rules and regulations of this Chapter. After the follow-up inspection, the inspector of the division of health services shall furnish the Director of the Mine and Quarry Division with two copies of the inspection report, as described in Subsection (d) of this Rule.

(g) Quarterly Report. The division of health services shall report at least quarterly to the Director of the Mine and Quarry Division all known incidents of acute occupational illnesses resulting from skin contact with industrial agents; inhalation of dust, fumes, mists, toxic gases or radioactive particles; or ingestion of toxic agents from material on hands or food.

(h) Annual Report. The division of health services shall furnish the Director of the Mine and Quarry Division with an annual report of disabling chronic occupational illnesses occurring to miners.

History

  • Authority G.S. 74-24.16(c); 74-24.8; 74-24.9; 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0304 Accidents: Notification: Investigation {#sec-13-ncac-06-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0304}

(a) Immediate Notification. The operator of a mine, using the fastest available means of communication, shall notify the director or any other representative of the division of any of the following accidents that occur at a mining operation:

(1) any injury, including illness, which results in death or may reasonably be expected to result in death;

(2) any outbreak of fire that endangers human life or a fire underground which is not brought under control within 30 minutes;

(3) any unplanned ignition of dust or strata gas;

(4) any unplanned explosion of dust or gas;

(5) any unplanned inundation by water or gas that endangers human life;

(6) any unplanned initiation of explosives, including blasting agents;

(7) any cave-in or entrapment that endangers human life;

(8) any unexpected event which could have readily resulted in serious physical harm.

(b) Investigatory Report by Operator. Following the occurrence of an accident, as listed in (a) of this Rule, the operator shall conduct an investigation of the accident and shall submit to the director a detailed written report of his finding, as soon as practicable. The report shall include the following information: the name and address of the operator, the name and location of the mine, a description of the accident, the apparent cause of the accident, a description of all injuries to persons and of all damage to property, and the apparent consequences of the accident to the continued operation of the mine.

(c) Official Investigation. Following the occurrence of an accident, as described in (a) of this Rule, an inspector of the division shall conduct an extensive investigation and shall prepare a written report.

(d) Requests for Reports. Upon establishing a bonafide need, a person may obtain a copy of an accident investigation report from the director. The request for a copy of the accident investigation report shall be made in person to the director.

History

  • Authority G.S. 74-24.7; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0305 Accident and Illness Records {#sec-13-ncac-06-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0305}

(a) Reporting Required. Following the occurrence of any work-related accident (including those listed in Rule .0304(a) of this Section), work-related illness, or work-related injury (other than a minor first-aid case), the operator shall complete a Mine Injury or Illness Report, Form MAQD-9 (or Mine Safety and Health Administration (MSHA) Form 7000-1). The report form shall include the following information: the mine identification number; mine name; company name; the location of the mine; a description of the circumstances of the accident, injury or illness; location of the accident within the mine; the name and job title of the ill or injured person; and the total number of lost workdays.

(b) Report to Director. The operator shall mail or fax one copy of the form to the director within 10 calendar days of the occurrence of the accident, illness, or injury. If the form is faxed, a copy of the form must also be mailed to the director within 24 hours.

(c) Maintenance of Records. The operator shall maintain one copy of each form at the mine or nearest mine office for at least one year and shall upon request make the record available for examination by a representative of the Division.

History

  • Authority G.S. 74-24.13
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0306 Work Records {#sec-13-ncac-06-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0306}

All operators shall maintain for at least two years records specifying: the number of days that the mine has operated each month; the number of employees working each month; the total number of manhours worked; and the number of days lost from work by accident, injury, or illness.

History

  • Authority G.S. 74-24.13; 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0307 Commencement: Closing of Operations {#sec-13-ncac-06-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0307}

(a) Commencement of Operations. Before starting operations, all operators of mines shall notify the commissioner of the approximate or actual date that mine operations will commence. The notification shall be in writing and shall include the mine name, location, the company name, mailing address, the person in charge of operations, and whether the operation will be continuous or intermittent.

(b) Closing of Mine. When a mine is closed, the operator shall promptly notify the commissioner of such closure in writing and shall indicate whether the closure is temporary or permanent.

History

  • Authority G.S. 74-24.13(c); 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0308 Publication: Release of Information {#sec-13-ncac-06-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0308}

(a) Annual Statistical Report. The director shall compile, analyze and annually publish, in summary form statistical information pertaining to accidents and injuries in mine operations within the state. Requests for the free annual report shall be made to the director.

(b) Inspection of Records. Statistical information regarding reports, notices, orders, or findings obtained or issued under the act may be inspected by the public in the offices of the division.

(c) Release of Information. A person may request other statistical information regarding reports, notices, orders, or findings obtained or issued under the act. The requests shall be made in writing to the director and shall specify the information sought, and the reasons therefor.

(d) Confidential Information. Any information that reveals the internal fiscal operation of individual mines, including manhours worked, will be held in confidence and will not be released to the public.

History

  • Authority G.S. 74-24.13; 95-4(2)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0309 Discrimination Against Miners {#sec-13-ncac-06-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0309}

Any miner or representative of miners who believes that he has been discharged or otherwise discriminated against by any person in violation of the provisions of G.S. 95-241 may, within 180 days after such violation occurs, apply to the commissioner for a review of such alleged discharge or discrimination. Such application shall be in writing and shall contain the complainant's name, address, title, when employed, the company name, the mine name, and the mine address. The application also shall specify the date the alleged discharge or discrimination took place and shall set forth in specific detail the reason why the miner or representative of miners believes he has been discharged or discriminated against in violation of the provisions of G.S. 95-241.

History

  • Authority G.S. 74-24.15; 95-245
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0310 Representative of Miners {#sec-13-ncac-06-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0310}

When used in the act, the term "representative of the miners" shall mean a union representative of the miners.

History

  • Authority G.S. 74-24.7; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0311 Authorized Representative of Miners {#sec-13-ncac-06-.0311 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0311}

When used in North Carolina General Statute 74-24.7(g), the term "authorized representative of the miners" shall mean the safety chairman, lead man, recognized spokesman, or union representative of the miners.

History

  • Authority G.S. 74-24.7; 95-4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0401 General Duty {#sec-13-ncac-06-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0401}

Every operator shall use every reasonable precaution to provide safe and healthful working conditions for all miners in each mine, whether provided for in the standards of this Chapter or not. It shall be the duty of such operators to carry out the provisions of the standards of this Chapter by providing the safety devices, type of construction, materials, methods and procedures which are required by the standards of this Chapter and by generally accepted safety and health standards.

History

  • Authority G.S. 74-24.15
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0402 Federal Mandatory Standards {#sec-13-ncac-06-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0402}

(a) The commissioner has adopted and shall enforce the mandatory provisions of the Metal and Nonmetal Mine Health and Safety Standards, July, 1993 edition, which are hereby incorporated by reference, including subsequent amendments and editions, 30 CFR Chapter 1, Parts 56 and 57.

(b) Copies of the standards may be obtained from the U.S. Government Printing Office, Superintendent of Documents, Post Office Box 371954, Pittsburgh, Pennsylvania 15250-7954. Copies of the standards are also available for inspection and purchase for twenty eight dollars ($28.00) at the offices of the Mine and Quarry Division.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Amended Eff. June 3, 1977
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994; January 9, 1980; January 3, 1979; January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0501 Applicability {#sec-13-ncac-06-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0501}

In addition to complying with the requirements of Section .0400 of this Chapter, all mines, except for the underground portions of underground mines, shall comply with the rules of this Section.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0502 Toilet Facilities {#sec-13-ncac-06-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0502}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0503 Dangerous Openings {#sec-13-ncac-06-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0503}

The operator, owner or lessee shall provide reasonable safeguards, such as guard rails, fences, berms or other approved means, to prevent loss of life or property at any surface mine, pit or quarry which has dangerous openings. These safeguards shall provide protection at operating, abandoned or closed surface mines, pits and quarries. Safeguards at abandoned surface mines, pits and quarries shall be located as close to the dangerous openings as possible.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0504 Housekeeping {#sec-13-ncac-06-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0504}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 5, 1978.
13 NCAC 06 .0505 Maintenance {#sec-13-ncac-06-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0505}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1994.
13 NCAC 06 .0506 Handling Equipment {#sec-13-ncac-06-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0506}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0507 Cranes: Draglines: Shovels and Derricks {#sec-13-ncac-06-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0507}

(a) Air Pressure Gauge. Machines equipped with air brakes or air clutches shall have an air pressure gauge in view of the machine operator.

(b) Derrick Guy Ropes. Derrick guy ropes that support masts shall be securely anchored and fastened. They shall be inspected at least semi-monthly and replaced when needed.

(c) Direction of Cab Travel. The cab of machines, when traveling, shall face in the direction of travel, if practicable; otherwise a competent person shall direct the movement from the ground.

(d) Oilers. Oilers shall keep the machine operator informed as to their whereabouts.

(e) Suspension Cables, Sheaves and Pins. All boom suspension cables, along with their sheaves and pins, shall comply with the machine manufacturer's specifications. They shall be inspected at least monthly and replaced when needed.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0508 Electrically Powered Handling Equipment {#sec-13-ncac-06-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0508}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0509 Haulage and Transportation {#sec-13-ncac-06-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0509}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0510 Railways {#sec-13-ncac-06-.0510 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0510}

Starting a railroad car by "pinching" shall be prohibited except when a person is stationed at the brake wheel. ("Pinching" is defined as moving a railroad car with a pinchbar by placing the pinchbar between the wheel and the railroad track and using leverage to move it forward.)

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0511 Motor Vehicles {#sec-13-ncac-06-.0511 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0511}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1994.
13 NCAC 06 .0512 Conveyors {#sec-13-ncac-06-.0512 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0512}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1994.
13 NCAC 06 .0513 Crushing Equipment {#sec-13-ncac-06-.0513 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0513}

(a) Feeders. Miners shall not be permitted to enter an operating feeder.

(b) Guard Rails or Chains. Guard rails, chains or other protective devices shall be installed and maintained around jaw-type crusher openings. When necessary for miners to work over an operating jaw-type crusher to clear jams, safety belts and life lines shall be used.

(c) Place of Safety at Crusher. Miners working at the crusher feed opening shall not be permitted to stand directly in back of or at the side of a vehicle while its contents are being dumped therein, unless provided with adequate protection from flying material.

(d) Work Beneath Feeders and Hoppers. Miners shall not be permitted to work beneath a feeder or hopper where a hazard from falling material exists.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0514 Pressure Tanks {#sec-13-ncac-06-.0514 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0514}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0515 Fire Prevention {#sec-13-ncac-06-.0515 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0515}

(a) Open Fires. The use of open fires for comfort heating for miners shall be prohibited.

(b) Storage and Use of Oxygen, Etc. Oxygen, oxyacetylene and oxyhydrogen or electric welding, burning and cutting equipment shall be placed under the charge of a competent person or persons, as defined in 30 CFR Parts 56.2 and 57.2, who shall be responsible for its safe storage and use.

(c) Acetylene Storage and Use. Acetylene cylinders shall be secured vertically and shall be handled with extreme caution. Acetylene shall not be used at pressures higher than 15 pounds (6.8 kilograms) per square inch (6.452 square centimeters).

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0516 Electrical Equipment {#sec-13-ncac-06-.0516 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0516}

(a) National Electrical Code. All electrical apparatus, equipment and wiring shall be installed and maintained in accordance with the National Electrical Code which is hereby incorporated by reference, 1993 Edition, including subsequent amendments and editions, insofar as the code is applicable to the operation of surface mines, pits and quarries. Copies of the code may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Post Office Box 9101, Quincy, Mass. 02269-9101. Copies of the code are also available for inspection and purchase for thirty seven dollars and fifty cents ($37.50) at the Office of the Mine and Quarry Division.

(b) Personnel Authorization and Instruction. Only competent persons, as defined in 30 CFR Parts 56.2 and 57.2, shall install, operate, repair, work on or with electric wires, lighting conductors or electrical apparatus, machinery or equipment.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0517 Hand Tools {#sec-13-ncac-06-.0517 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0517}

Hand tools shall be regularly inspected and maintained in a safe condition. Defective tools shall not be used until repaired.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0518 Dredges and Sand Pumps {#sec-13-ncac-06-.0518 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0518}

(a) Guarding Spuds. Spuds and spud lifting collars shall be either guarded or isolated.

(b) Hand Rails, Handcables and Handropes. Where practicable, all floating dredges and sand pumps shall be equipped with suitable hand rails, handcables or handropes so as to prevent miners from falling overboard.

(c) Inspection and Maintenance. Hulls and/or floats which support dredges or sand pumps shall be inspected regularly and maintained in a safe and watertight condition.

(d) Life Preservers. Approved-type life preservers shall be worn by all miners working afloat except when working on dredges and sand pumps equipped with hand rails, handcables or handropes. Approved-type life preservers shall be worn by miners while working in any area not protected by hand rails, handcables or handropes. An adequate number of suitable life preservers shall be kept on board at all times for emergency use.

(e) Submerged Anchor Lines. Work boats shall not be permitted to pass over submerged anchor lines while dredges are in operation.

(f) Walking on Pipe Lines. Miners shall not be permitted to walk on floating pipe lines unless the pipe lines are fitted with safe walkways and hand rails.

(g) Work Boats. Work boats shall be stable and maintained in a safe condition.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0519 Safety Showers and Eye Wash Fountains {#sec-13-ncac-06-.0519 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0519}

Safety showers and eye wash fountains shall be provided, operable, and easily accessible to all areas where a hazard exists from hazardous chemical splashes and spills. ("Hazardous chemical" is defined as a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees.)

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0520 Jet Channeling or Piercing {#sec-13-ncac-06-.0520 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0520}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1994.
13 NCAC 06 .0521 Explosives: General Rules {#sec-13-ncac-06-.0521 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0521}

(a) All Clear Signal. An "all clear" signal shall be sounded before any person is allowed to return to the blast site after a blast.

(b) Destroying Empty Containers. No person shall be permitted to remain within 100 feet (30.48 meters) of a burning pile of empty explosives containers.

(c) Removing Containers. Empty explosives containers shall not be removed from the mining premises.

(d) Work on Blast Area. Only persons necessary to the shotloading operation shall be permitted to work in front of the face of the blast area when a primary blast is being loaded.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0522 Transportation of Explosives on Site {#sec-13-ncac-06-.0522 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0522}

(a) Congested Areas. Vehicles transporting explosives or blasting agents shall not be driven through congested areas whenever it is practicable to avoid them. When it is necessary to stop a vehicle containing explosives or blasting agents in a congested area, the vehicle shall not be left unattended.

(b) Handling Explosives. Explosives or blasting agents shall not be thrown, dropped or otherwise roughly handled.

(c) Operators' Qualifications. Explosives vehicles shall be operated only by competent persons, as defined in 30 CFR Parts 56.2 and 57.2.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0523 Magazines {#sec-13-ncac-06-.0523 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0523}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0524 Blasting: General Rules {#sec-13-ncac-06-.0524 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0524}

History

  • Status: repealed
  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 9, 1980.
13 NCAC 06 .0525 Primary Blasting {#sec-13-ncac-06-.0525 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0525}

(a) Detonators in Blast Area--Detonating Fuse. When loading a blast primed with detonating fuse, detonators shall not be attached to the detonating fuse until the blast site has been cleared.

(b) Loading and Other Operations. Loading shall not begin until the shot has been completely drilled. On a shot being loaded, a drill shall not be used for any purpose closer to a loaded hole than a distance of three times the spacing of the drill pattern used.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994; January 9, 1980
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0526 Secondary Breakage {#sec-13-ncac-06-.0526 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0526}

(a) Dropballing. The dropball operator shall be protected from flying rock by screen cloth or plexiglass or both. The operator shall not drop the ball on a rock which has a visible drill hole until it has been determined that the hole does not contain explosives. No unprotected person shall be permitted within the area in which flying materials from dropball operations may cause injury to persons.

(b) Loading Explosives While Drilling For Secondary Blast. Only authorized persons shall be allowed in the area where loading is being performed.

(c) Work on Muck Pile While Secondary Drilling, Blasting or Mud Capping. No tools or equipment shall be permitted on a muck pile directly above or below a blaster while a person is loading explosives for secondary blasting.

History

  • Authority G.S. 74-24.4(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 06 .0601 Mine and Quarry Bureau Fee Schedule {#sec-13-ncac-06-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 06 .0601}

History

  • Status: expired
  • Authority G.S. 74-24.16(d)
  • Emergency Adoption Eff. September 13, 2005
  • Temporary Adoption Eff. November 1, 2005
  • Temporary Adoption Expired August 12, 2006.

Chapter 07 Office of Occupational Safety and Health

Subchapter A

13 NCAC 07A .0101 Name: Address {#sec-13-ncac-07a-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0101}

The office of occupational safety and health is located in the Raleigh office of the North Carolina Department of Labor and is known as the OSH Division. The mailing address of the office is: Occupational Safety and Health Division, North Carolina Department of Labor, 1101 Mail Service Center, Raleigh, North Carolina 27699-1101.

History

  • Authority G.S. 95-133
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 1, 2020.
13 NCAC 07A .0102 Purpose: Responsibilities {#sec-13-ncac-07a-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0102}

In order to ensure the safety and health of employees throughout the state, the division administers the Occupational Safety and Health Act of North Carolina through a broad program of consultative services, education and training, and inspections.

History

  • Authority G.S. 95-133
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0103 Definitions {#sec-13-ncac-07a-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0103}

(a) The following definitions shall apply throughout this Chapter:

(1) Act. The Occupational Safety and Health Act of North Carolina, G.S. 95, Article 16;

(2) Division. The Occupational Safety and Health Division, or OSH, name used to denote the office of occupational safety and health;

(3) Director. The Director of the Office of Occupational Safety and Health, Occupational Safety and Health Division, or OSH;

(4) Days. Calendar days unless otherwise specified. In computing 20 calendar days the day of receipt of any notice shall not be included, but the last day of the 20 calendar days shall be included;

(5) Working days. Days of the week from Monday through Friday, but shall not include Saturdays, Sundays or state holidays. In computing 15 working days, the day of receipt of any notice shall not be included, but the last day of the 15 working days shall be included;

(6) Inspection. Any inspection of an employer's factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer, and includes any inspection conducted pursuant to a complaint filed, any reinspection, follow-up inspection, accident investigation or other inspection conducted pursuant to G.S. 95-136 or 95-136.1.

(b) The definitions and interpretations contained in G.S. 95-127 of the Act shall be applicable to such terms when used in this Chapter.

History

  • Authority G.S. 95-127; 95-136(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 2, 1993; July 1, 1988; September 20, 1976
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 1, 2020.
13 NCAC 07A .0201 Division: General {#sec-13-ncac-07a-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0201}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0202 Standards and Inspections Section {#sec-13-ncac-07a-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0202}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0203 Education and Training Section {#sec-13-ncac-07a-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0203}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0204 Consultative Services Section {#sec-13-ncac-07a-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0204}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0205 Safety and Health Engineering Section {#sec-13-ncac-07a-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0205}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0206 Advisory Council {#sec-13-ncac-07a-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0206}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0207 Review Board {#sec-13-ncac-07a-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0207}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-133; 95-134; 95-136; 95-147
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. February 21, 1978
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0301 Incorporation by Reference {#sec-13-ncac-07a-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0301}

(a) Subject to the exceptions provided in Paragraph (h) of this Rule, the provisions of Title 29 of the Code of Federal Regulations referenced below are incorporated by reference throughout this Chapter, including subsequent amendments and editions thereof. Copies of these standards are available for public inspection at the North Carolina Department of Labor, or may be obtained from the U.S. Government Printing Publishing Office, via U.S. Mail at 732 N. Capitol Street, N.W., Washington, DC 20401, via telephone at (866) 512-1800, or via the internet at http://bookstore.gpo.gov. The cost is sixty-seven dollars ($67.00) for Title 29, Parts 1900-1910:

(1) 29 CFR 1903 – Inspections, Citations, and Proposed Penalties;

(2) 29 CFR 1904 – Recording and Reporting Occupational Injuries and Illnesses;

(3) 29 CFR 1905.10(b) – Variances and Other Relief under Section 6(b)(6)(A);

(4) 29 CFR 1905.11(b) – Variances and Other Relief under Section 6(b)(6)(A); and

(5) 29 CFR 1908 – Consultation Agreements.

(b) The provisions of 29 CFR 1910 are incorporated by reference in accordance with 13 NCAC 07F .0101. Copies of this standard are available for public inspection at the North Carolina Department of Labor, or may be obtained from the North Carolina Department of Labor, via U.S. Mail at 1101 Mail Service Center, Raleigh, North Carolina 27699-1101, via telephone at (919) 707-7876, or via the internet at www.labor.nc.gov. The cost is thirty-seven dollars ($37.00), plus postage and mailing costs.

(c) The provisions of 29 CFR 1915 are incorporated by reference in accordance with 13 NCAC 07F .0501. Copies of this standard are available for public inspection at the North Carolina Department of Labor, or may be obtained from the U.S. Government Publishing Office, via U.S. Mail at 732 N. Capitol Street, N.W., Washington, DC 20401, via telephone at (866) 512-1800, or via the internet at http://bookstore.gpo.gov. The cost is thirty-five dollars ($35.00) for Title 29, Parts 1911-1925.

(d) The provisions of 29 CFR 1917 are incorporated by reference in accordance with 13 NCAC 07F .0502. Copies of this standard are available for public inspection at the North Carolina Department of Labor, or may be obtained from the U.S. Government Printing Publishing Office, via U.S. Mail at 732 N. Capitol Street, N.W., Washington, DC 20401, via telephone at (866) 512-1800, or via the internet at http://bookstore.gpo.gov. The cost is thirty-five dollars ($35.00) for Title 29, Parts 1911-1925.

(e) The provisions of 29 CFR 1926 are incorporated by reference in accordance with 13 NCAC 07F .0201. Copies of this standard are available for public inspection at the North Carolina Department of Labor, or may be obtained from the North Carolina Department of Labor, via U.S. Mail at 1101 Mail Service Center, Raleigh, North Carolina 27699-1101, via telephone at (919) 707-7876, or via the internet at www.labor.nc.gov. The cost is thirty-two dollars ($32.00), plus postage and mailing costs.

(f) The provisions of 29 CFR 1928 are incorporated by reference in accordance with 13 NCAC 07F .0301. Copies of this standard are available for public inspection at the North Carolina Department of Labor, or may be obtained from the U.S. Government Publishing Office, via U.S. Mail at 732 N. Capitol Street, N.W., Washington, DC 20401, via telephone at (866) 512-1800, or via the internet at http://bookstore.gpo.gov. The cost is sixty-eight dollars ($68.00) for Title 29, Parts 1927-END.

(g) The following Safety Library Publications (hereinafter referenced as SLP) are incorporated by reference and include subsequent amendments and editions of the standards. The rules of this Chapter shall control when any conflict between these Rules and the following standards exists. Copies of the following applicable SLP publications are available for inspection at the North Carolina Department of Labor or may be obtained from The Institute of Makers of Explosives, via U.S. Mail at 1120 Nineteenth Street N.W., Suite 310, Washington, D.C., 20036, via telephone at (202) 429-9280, or via the internet at www.ime.org.

(1) SLP 17 - Safety in the Transportation, Storage, Handling & Use of Commercial Explosive Materials - ($20.00).

(2) SLP 20 – Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Commercial Electric Detonators (Blasting Caps) – ($20.00).

(3) SLP 22 – Recommendations for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials – ($20.00).

(h) The provisions of Title 29 of the Code of Federal Regulations referenced in Paragraph (a) of this Rule are subject to the following exceptions:

(1) All references to the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq) shall mean the Occupational Safety and Health Act of North Carolina, G.S. 95, Article 16;

(2) All references to the Occupational Safety and Health Review Commission shall mean the North Carolina Occupational Safety and Health Review Commission as established in G.S. 95-135;

(3) All references to Area Offices of the Occupational Safety and Health Administration, U.S. Department of Labor, shall mean the North Carolina Department of Labor, Occupational Safety and Health Division (or OSH Division);

(4) All references to the Secretary or Assistant Secretary shall mean the Commissioner of the North Carolina Department of Labor or his authorized representative;

(5) All references to Area Director, Regional Administrator, or Assistant Regional Director shall mean the Director of the Occupational Safety and Health Division (North Carolina Department of Labor) or his authorized representative;

(6) All references to Regional Solicitor or Solicitor of Labor shall mean the Attorney General, Labor Division, North Carolina Department of Justice;

(7) All references to Compliance Officers shall mean State compliance safety and health officers;

(8) All references to the Federal Rules of Civil Procedure shall mean the North Carolina Rules of Civil Procedure;

(9) Within 29 CFR 1903.14, "Citations; notices of de minimis violations," any reference to a notice of de minimis violations is deleted as North Carolina does not have a procedure for issuance of a notice with respect to de minimis violations that have no direct or immediate relationship to safety or health;

(10) 29 CFR 1903.14a(c)(1) that requires the posting of a petition for modification for a period of 10 working days shall be for a period of 15 working days, and 29 CFR 1903.14a(c)(2) that refers to the failure to file an objection within 10 working days of the date of posting shall be 15 working days of the posting;

(11) 29 CFR 1903.22, "Definitions," is not incorporated;

(12) 29 CFR 1908 shall be applicable to private sector consultations, and shall be used as guidance for consultations to state and local governments in North Carolina under the State Plan.

History

  • Authority G.S. 95-133; 150B-21.6
  • Eff. August 2, 1993
  • Amended Eff. December 1, 2010; March 1, 2010; December 1, 2003; June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 1, 2020.
13 NCAC 07A .0302 Copies Available {#sec-13-ncac-07a-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0302}

History

  • Status: repealed
  • Authority G.S. 95-133; 150B-21.6
  • Eff. August 2, 1993
  • Amended Eff. July 1, 1998; June 1, 1994
  • Codifier determined that agency's findings of need did not meet criteria for temporary rule on March 20, 2000
  • Amended Eff. April 1, 2001
  • Temporary Amendment Eff. December 1, 2001; March 20, 2000
  • Amended Eff. August 1, 2002
  • Repealed Eff. December 1, 2010.
13 NCAC 07A .0303 Disclosure {#sec-13-ncac-07a-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0303}

History

  • Status: expired
  • Authority G.S. 95-129; 95-136(el); 95-136(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Recodified from 13 NCAC 7B .1001 Eff. August 2, 1993
  • Amended Eff. February 1, 2004; August 2, 1993
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0401 Carolina Star Program {#sec-13-ncac-07a-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0401}

History

  • Status: repealed
  • Authority G.S. 95-133
  • Eff. August 2, 1993
  • Repealed Eff. April 1, 2001.
13 NCAC 07A .0501 Purpose and Scope {#sec-13-ncac-07a-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0501}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 2, 1993; February 21, 1978
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0502 Membership {#sec-13-ncac-07a-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0502}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 2, 1993; February 21, 1978
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0503 Terms of Membership {#sec-13-ncac-07a-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0503}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 2, 1993; February 21, 1978
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0504 Meetings {#sec-13-ncac-07a-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0504}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 2, 1993; February 21, 1978
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0505 Advice and Recommendations {#sec-13-ncac-07a-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0505}

History

  • Status: repealed
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0506 Quorum {#sec-13-ncac-07a-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0506}

History

  • Status: repealed
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0507 Notice of Meetings {#sec-13-ncac-07a-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0507}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0508 Contents of Notice {#sec-13-ncac-07a-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0508}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0509 Assistance to the Council {#sec-13-ncac-07a-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0509}

History

  • Status: repealed
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0510 Minutes: Transcript {#sec-13-ncac-07a-.0510 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0510}

History

  • Status: repealed
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0511 Subcommittees and Subgroups {#sec-13-ncac-07a-.0511 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0511}

History

  • Status: repealed
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07A .0512 Petitions for Changes in the Rules: Complaints {#sec-13-ncac-07a-.0512 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0512}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 1, 2020
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0513 Advice of the Advisory Council {#sec-13-ncac-07a-.0513 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0513}

History

  • Status: expired
  • Authority G.S. 95-134
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 1, 2020
  • Expired Eff. May 1, 2026 pursuant to G.S. 150B-21.3A.
13 NCAC 07A .0601 Purpose and Scope {#sec-13-ncac-07a-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0601}

(a) This Section sets forth rules of procedure for implementation of G.S. 95, Article 22 which is entitled "Safety and Health Programs and Committees."

(b) The purpose of this Section is to establish programs which will promote safety and health for all North Carolina employers with a workers' compensation experience rate modifier of 1.5 or above. Employee Safety and Health Committees will be established by all North Carolina employers having 11 or more employees and an experience rate modifier of 1.5 or above.

(c) For the purposes of Rules .0603 and .0606 of this Section, compliance with the safety and health program and the safety and health training requirements of the Mine Safety and Health Administration of the United States Department of Labor shall be deemed sufficient for compliance with Rules .0603 and .0606 of this Section for those operations subject to the federal Mine Safety and Health Act (Public Law 91-173 as amended by Public Law 95-164).

History

  • Authority G.S. 95-251; 95-252; 95-254
  • Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0602 Definitions {#sec-13-ncac-07a-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0602}

(a) "Fixed location worksite" means any worksite to which an employee regularly reports for at least a consecutive three month period.

(b) "Near-miss" means any accident or incident at a worksite that does not result in injury, but the potential for serious physical harm exists.

(c) "FMSHA" means the Federal Mine Safety and Health Act of 1977 [Public Law 95-164].

(d) "MSHANC" means the Mine Safety and Health Act of North Carolina as contained in North Carolina General Statute 74-24.1 et seq.

(e) "Mine Safety Laws" means MSHANC and FMSHA and the rules and standards adopted pursuant thereof.

(f) "OSHANC" means the Occupational Safety and Health Act of North Carolina as contained in North Carolina General Statute 95-126 et seq.

(g) "Regular location worksite" means a single region or geographic area where employees perform work for one employer.

(h) "Mobile work crews" means a group of employees of one specific trade (i.e. carpenters, electricians, roofers) who report to various, non-fixed worksites within one geographic area.

(i) "Multi-employer worksite" means any worksite at which more than one employer has employees reporting to work.

History

  • Authority G.S. 95-251
  • Eff. August 2, 1993
  • Amended Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0603 Safety and Health Programs {#sec-13-ncac-07a-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0603}

(a) All Safety and Health programs established under G.S. 95-251 for both fixed locations and non-fixed locations shall meet or exceed the requirements of G.S. 95-251(b)(1)-(9).

(b) The written program shall also include:

(1) The manner in which managers, supervisors, and employees are responsible for implementing the program and how the continued participation of management will be established, measured, and maintained including specifically what the leadership role of the top employer official at the worksite shall be in regard to the program.

(2) The manner in which the plan will be communicated to all affected employees so that they are informed of work-related hazards and controls.

(3) The manner in which safe work practices and rules will be enforced.

(4) The manner in which workplace accidents will be investigated and corrective action implemented. The employer shall keep a comprehensive record of accident investigations, findings, and corresponding corrective action taken.

(5) The manner in which near-miss incidents will be investigated. Special emphasis will be placed on identifying all contributing factors to any near-miss incident. The employer shall keep a comprehensive record of each such incident and the findings relating to it, and shall keep a record of all corresponding corrective action taken.

(6) The methods used to identify, analyze and control new or existing hazards, conditions and operations, and the manner in which changes will be incorporated into the safety program, safety committee checklist, and communicated to all affected employees.

(7) Written compliance plans as required by either the Mine Safety laws or OSHA standards, whichever is applicable to the employer. Written compliance plans shall include, the following OSHA standards, when applicable: Excavations, Hazard Communication, Occupational Noise Exposure, Control of Hazardous Energy Sources (Lockout/Tagout), Respiratory Protection, Process Safety Management of Highly Hazardous Chemicals, Bloodborne Pathogens, Life Safety Code, Cotton Dust, and Confined Spaces.

(8) A written checklist of all potential hazards to be inspected during the quarterly inspections required pursuant to G.S. 95-252(c)(4)d, if applicable, including, but not limited to, checking for properly marked doors (including exit doors and doors not leading to an exit); properly working fire extinguishers; unlisted hazardous substances, improperly located hazardous substances, or hazardous substances for which there are no material safety data sheets; doorways or exit pathways that are cluttered; improperly grounded equipment and exposed live wiring and parts; and unguarded machinery. Each item on the aforementioned written checklist shall be checked during the quarterly inspections and a copy of the list shall be retained by the employer for not less than two years. All conditions or items deemed to be out of compliance shall be immediately abated, unless circumstances beyond the control of the employer requires a longer period of time.

(9) The employer shall conduct an annual self-audit of all required safety and health programs. Written findings and a statement of remedial actions taken shall be retained for not less than two years. Companies with less than 11 employees that are not required to have safety and health committees shall appoint a company safety officer to conduct the annual self-audit.

(10) The purpose and operation of the Safety and Health Committee where such committee exists.

(11) The methods used to communicate requirements of the program to other employers or subcontractors and their employees who may be present at the same site.

History

  • Authority G.S. 95-251
  • Eff. August 2, 1993
  • Amended Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0604 Selection of Safety Committees {#sec-13-ncac-07a-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0604}

(a) An employer may elect to implement any one of the following selection processes as a means of meeting the requirements for selection of representatives to employee Safety and Health committees pursuant to G.S. 95-252(d). The employer shall retain written documentation outlining any utilized selection process. An employer whose employees are represented by a collective bargaining representative must utilize either subsection 8, 9, or 10 for committee selection purposes. Any non-management employees who choose not to participate in the collective bargaining process are still considered to be represented by the collective bargaining representative for purposes of this Rule for committee selection purposes.

(1) The employer may devise and implement any means of employee selection so long as:

(A) the employee representatives are selected "by and from among the employer's non-management employees" as specified in the statute,

(B) minimum numbers are met, and

(C) the intent of the statute is satisfied.

(2) The employer may require that all non-management employees serve on a Safety and Health Committee. In the instance of a small employer, there may be one committee comprised of all non-management employees which serves the entire organization. In a larger organization, there may be several committees, each addressing one or more of the responsibilities of the safety committee as outlined in G.S. 95-252, with employees divided among the committees.

(3) The employer may conduct an election at either a meeting or through the distribution of ballots. The election process shall provide for the nomination by non-management employees (including self-nominations) of non-management employees in the numbers specified by the employer, but shall not be less than one nor more than the number of non-management members specified by statute. The number of non-management employees specified by statute receiving the most nominations shall serve on the Safety and Health Committee.

(4) The employer may conduct an employee meeting at which open nominations are held and secret ballots are used to elect employee representatives. The meeting may be for all non-management employees or by working unit.

(5) The employer may conduct an employee meeting at which non-management employees nominate one peer by listing that employee's name on a ballot. The ballots shall be tallied and the appropriate number of representatives, in the numbers required by statute, shall be determined by those employees named on the most ballots.

(6) The employer may solicit nominations from all non-management employees for employee representatives to serve on the committee, then select representatives by lottery from among those nominated to obtain the statutorily appropriate number of employee representatives for the safety and health committee.

(7) The employer may solicit volunteers and nominations from among the non-management employees for a pool of applicants to serve as employee representatives on the safety committee. (If no volunteers or nominations are received, the employer shall require that nominations be submitted from a cross section of employee work units within the establishment.) The members of the applicant pool shall select from among its ranks the initial employee representatives necessary to meet minimum numbers as specified in the statute.

(8) Employees shall be selected to serve on a safety and health committee(s) in accordance with any contract that exists between a collective bargaining unit and the employer. Should the contract not otherwise specify selection of a safety and health committee, non-management members shall be selected in a manner approved by the certified collective bargaining agent.

(9) Employers having more than one collective bargaining unit shall devise and implement a means of employee selection utilizing the provisions of the existing contracts or methods approved by the certified collective bargaining agents. Safety committee members shall be selected in proportionate numbers to the number of employees represented by the certified collective bargaining agents.

(10) Employers having some non-management employees represented by a collective bargaining agent or agents and some not represented shall devise a means that utilizes language in the contract or methods approved by the certified collective bargaining agent(s) for selection of bargaining unit representatives, and one or more of the above means for selecting non-management employee members not represented by the bargaining agent(s). Safety committee members shall be selected in proportion to the number of employees represented by the certified collective bargaining agent(s) and the number of employees not represented.

(b) However initial members of the committee are selected, replacement members may be chosen in accordance with one of the procedures in this Rule, or the committee may continue with the same members.

(c) Non-management employee representatives shall serve a term of at least one year, and shall not be allowed to succeed themselves in the same position more than once. Terms may be staggered. However, employers with less than 25 employees may allow non-management employee representatives to serve two successive terms.

(d) It shall not be a violation of any part of the statute if an employer has a safety and health program utilizing some other form of employee involvement which has been in operation for more than one year prior to July 15, 1993, and which is submitted for approval and subsequently approved by the Commissioner or his authorized representative, for that program to be used to satisfy the requirements of Section .0600.

History

  • Authority G.S. 95-252
  • Eff. August 2, 1993
  • Amended Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0605 Safety & Health Committee Requirements {#sec-13-ncac-07a-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0605}

(a) Multi-Site Employers:

(1) Employers with 11 or more employees who do not report to a fixed or regular location worksite are required to have a Safety and Health Committee to represent those employees. The employer must have a separate Safety and Health Committee for each mobile work crew consisting of 11 or more employees.

(2) Employers with employees who report to a fixed or regular location worksite must have a separate safety and health committee for each location with 11 or more employees.

(b) Multi-Employer Worksites:

(1) At multi-employer fixed or regular location worksites, any employer required to establish a Safety and Health Committee pursuant to G.S. 95-252 shall notify the general contractor or equivalent of the requirements of this legislation and of the chairpersons of their committee.

(2) The general contractor or equivalent shall designate a representative to attend the Safety and Health Committee meetings of the notifying employer(s).

(3) The notifying employer shall work with the general contractor or equivalent to distribute information as required by G.S. 95-251(b)(9).

History

  • Authority G.S. 95-252
  • Eff. August 2, 1993
  • Amended Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0606 Training and Education {#sec-13-ncac-07a-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0606}

(a) All safety and health committee members shall receive training and education based on the type of business activity in which the employer is involved and the scope of the committee's duties. At a minimum, employers shall provide training regarding the following:

(1) Hazard identification in the workplace.

(2) Principles regarding effective accident and incident investigations.

(3) Employee and employer rights and responsibilities under the Safety and Health Programs and Committees Act (G.S. 95-250 et al.) and the Mine Safety laws or OSHANC.

(4) Recordkeeping requirements of the North Carolina Workers' Compensation Act (G.S. 97-1 et seq.) and the Mine Safety laws or OSHANC.

(5) The most common causes of on-the-job accidents.

(6) The most frequently cited violations of either the Mine Safety laws or OSHANC.

(b) There shall also be established for employees whether or not a safety and health committee is required:

(1) A system for training and education of all employees in occupational safety and health hazards at the worksite. The system shall contain specific requirements that new employees not be allowed to begin work, except when participating in carefully supervised on-the-job training, until thoroughly trained in the safe use of all applicable equipment and substances, and procedures relating to their workplace environment.

(2) A system of training and education for any existing employee given a new work assignment.

(3) A system of training and education for all affected employees when a new substance, process, procedure or piece of equipment is introduced into the workplace and presents a new hazard to safety or health.

(4) A system of training and education for all affected employees when any new personal protective equipment or different work practice is used on existing hazards.

(5) Training to comply with all applicable OSHA employee training requirements, including, but not limited within General Industry to Means of Egress; Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms; Occupational Health and Environmental Control; Hazardous Materials; Personal Protective Equipment; General Environmental Controls; Medical and First Aid; Fire Protection; Materials Handling and Storage; Machinery and Machine Guarding; Welding, Cutting and Brazing; Special Industries; Electrical; Commercial Diving Operations; Toxic and Hazardous Substances, and Occupational Exposure to Hazardous Chemicals in Laboratories; including, but not limited within the Construction Industry to General Safety and Health Provisions; Occupational Health and Environmental Controls; Personal Protective and Life Saving Equipment; Fire Protection and Prevention; Signs, Signals, and Barricades; Tools - Hand and Power; Welding and Cutting; Electrical; Ladders and Scaffolding; Cranes, Derricks, Hoists, Elevators and Conveyors; Motor Vehicles, Mechanized Equipment, and Marine Operations; Excavations; Concrete and Masonry Construction; Underground Construction, Caissons, Cofferdams and Compressed Air; Demolitions; Blasting and Use of Explosives; Power Transmission Distribution; Stairways and Ladders; including, but not limited within Agriculture to Roll-Over Protective Structures, and Safety for Agricultural Equipment; and including, but not limited to the Process Safety Management Standard, the Confined Spaces Standard, Hazard Communication Standard, and the Bloodborne Pathogens Standard.

(c) The required safety and health training shall be provided by someone trained to recognize, evaluate and control safety and health hazards. The training may be provided on-site or off-site.

History

  • Authority G.S. 95-254
  • Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0607 Reports {#sec-13-ncac-07a-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0607}

The report forms required from employers within 60 days of notification by the Commissioner of Labor of inclusion in the program shall include the following information:

(1) Name of the employer.

(2) Address of employer.

(3) Telephone number of employer.

(4) Number of employees.

(5) SIC Code.

(6) Unemployment Insurance ID number of the employer.

(7) Description of the manufacturing or work processes at this location.

(8) Name and address of any authorized collective bargaining agent.

(9) Date and Certification of compliance with G.S. 95-251 and, if applicable, G.S. 95-252.

(10) A timetable for delivery of training to employees and committee members. In no case shall the timetable for delivery of training exceed an additional 90 days beyond notification to the Commissioner of Labor of compliance with these Rules.

History

  • Authority G.S. 95-255
  • Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0701 Purpose and Scope {#sec-13-ncac-07a-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0701}

(a) This Section contains rules of practice for administrative proceedings to grant variances and other relief under section 95-132, Occupational Safety and Health Act of North Carolina as contained in Article 16, of Chapter 95 of the North Carolina General Statutes.

(b) These rules shall be construed to secure a prompt and just conclusion of proceedings subject thereto.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0702 Definitions {#sec-13-ncac-07a-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0702}

As used in this Section, unless the context clearly requires otherwise:

(1) "Act" means the Occupational Safety and Health Act of North Carolina.

(2) "Commissioner" means the Commissioner of Labor of North Carolina.

(3) "Director" means the Director of the Office of Occupational Safety and Health of North Carolina.

(4) "Employer" means a person engaged in a business who has employees, including state or political subdivision of a state, but does not include domestic workers employed in the place of residence of his or her employer.

(5) "Party" means a person authorized to participate in a hearing conducted in accordance with Rule .0712 to .0719 of this Section. An applicant for relief and any affected employee shall be entitled to be named parties. The Department of Labor, represented by the Office of the Attorney General shall be deemed to be a party without the necessity of being named.

(6) "Affected employee" means an employee who would be affected by the grant or denial of a variance or any one of his authorized representatives, such as his collective bargaining agent.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0703 Petitions for Amendments to This Part {#sec-13-ncac-07a-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0703}

Any person may at any time petition the Commissioner in writing to revise, amend, revoke, or suspend any provisions of this part. The petition should set forth either the terms or the substance of the rule desired, with a concise statement of the reasons therefore and the effects thereof.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0704 Amendments to This Part {#sec-13-ncac-07a-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0704}

The Commissioner may at any time revise, amend, revoke, or suspend in the interests of justice, any provisions of this part, on his own motion or upon the written petition of any person.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0705 Effect of Variances {#sec-13-ncac-07a-.0705 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0705}

All variances granted pursuant to this part shall have only future effect. In his discretion, the Commissioner may decline to entertain an application for a variance on a subject or issue concerning which a citation has been issued to the employer involved and a proceeding on the citation or related issue concerning a proposed penalty or period of abatement is pending before the Occupational Safety and Health Review Board or appropriate state review authority until the completion of such proceeding.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. June 8, 1977
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0706 Form of Documents: Subscription: Copies {#sec-13-ncac-07a-.0706 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0706}

(a) No particular form is prescribed for applications and other papers which may be filed in proceedings under this part. However, any applications and other papers shall be clearly legible. An original and the copies of any application or other papers shall be clearly legible. An original and two copies of any application or other papers shall be filed. The original shall be typewritten. Clear carbon copies, or printed or processed copies are acceptable copies.

(b) Each application or other paper which is filed in proceedings under this part shall be subscribed to by the person filing the same or by his attorney or other authorized representative.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0707 VARIANCES AND OTHER RELIEF UNDER SECTION 95-132(a) {#sec-13-ncac-07a-.0707 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0707}

(a) Application for a Temporary Variance. Any employer, or class of employers, desiring a temporary variance from a standard, or portion thereof, authorized by section 95-132 of the Act may file a written application containing the information specified in 29 CFR 1905.10(b) with the Commissioner of the North Carolina Department of Labor, 1101 Mail Service Center, Raleigh, North Carolina 27699-1101.

(b) Interim Order.

(1) Application. An application may also be made for an interim order to be effective until a decision is rendered on the application for the variance filed previously or concurrently. An application for an interim order may include statements of facts and arguments as to why the order should be granted. The Commissioner may rule ex parte upon the application.

(2) Notice of Denial of Application. If an application filed pursuant to Subparagraph (1) of this Paragraph is denied, the applicant shall be given prompt notice of the denial, which shall include or be accompanied by, a brief statement of the grounds therefore.

(3) Notice of the Grant of an Interim Order. If an interim order is granted, a copy of the order shall be served upon the applicant for the order and other parties. It shall be a condition of the order that the affected employer shall give notice thereof to affected employees by the same means to be used to inform them of an application for a variance.

History

  • Authority G.S. 95-132; 95-136
  • Eff. February 1, 1976
  • Amended Eff. June 8, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 1, 1994
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 1, 2020.
13 NCAC 07A .0708 Variances and Other Relief Under Section 95-132(b) {#sec-13-ncac-07a-.0708 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0708}

Application for a Permanent Variance. Any employer, or class of employers, desiring a permanent variance authorized by G.S. 95-132(b) of the Act may file a written application with the Commissioner of the Department of Labor containing the information specified in 29 CFR 1905.11(b), which is incorporated by reference and shall automatically include any subsequent amendments thereto.

History

  • Authority G.S. 95-132; 95-136
  • Eff. February 1, 1976
  • Amended Eff. June 8, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0709 Modification: Revocation: and Renewal of Rules or Orders {#sec-13-ncac-07a-.0709 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0709}

(a) Modification or Revocation

(1) An affected employer or an affected employee may apply in writing to the Commissioner for a modification or revocation of a rule or order issued under section 95-132(a) or 95-132(b) of the Act. The application shall contain:

(A) the name and address of the applicant;

(B) a description of the relief which is sought;

(C) a statement setting forth with particularity the grounds for relief;

(D) if the applicant is an employer, a certification that the applicant has informed his affected employees of the application by:

(i) giving a copy thereof to their authorized representative;

(ii) posting at the place or places where notices to employees are normally posted, a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself); and

(iii) other appropriate means such as by first class mail, company newsletter or enclosed in employee pay envelopes.

(E) if the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and

(F) any request for a hearing, as provided in Rule .0711 of this Section.

(2) The Commissioner may on his own motion proceed to modify or revoke a rule or order issued under section 95-132(a) or 95-132(b) of the Act. In such event, the Commissioner shall cause to be published a notice of his intention, affording interested persons an opportunity to submit written data, views, or arguments regarding the proposal and informing the affected employer and employees of their right to request a hearing, and shall take other action as may be appropriate to give actual notice to affected employees. The notice of hearing shall be published in the North Carolina Register. Any request for a hearing shall include a short and plain statement of:

(A) how the proposed modification or revocation would affect the requesting party, and

(B) what the requesting party would seek to show on the subjects or issues involved.

(b) Renewal. Any final rule or order issued under section G.S. 95-132(a) or G.S. 95-132(b) of the Act may be renewed or extended as permitted by the applicable section and in the manner prescribed for its issuance.

History

  • Authority G.S. 95-132; 95-136
  • Eff. February 1, 1976
  • Amended Eff. June 8, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 1, 1994
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0710 Action on Applications {#sec-13-ncac-07a-.0710 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0710}

(a) Defective Applications

(1) If an application filed pursuant to Rule .0707, or .0708, or .0709 of this Section does not conform to the applicable rule, the Commissioner may deny the application.

(2) Prompt notice of the denial of an application shall be given to the applicant.

(3) A notice of denial shall include, or be accompanied by, a brief statement of the grounds for the denial.

(4) A denial of an application pursuant to this Paragraph shall be without prejudice to the filing of another application.

(b) Adequate Applications

(1) If an application has not been denied pursuant to Paragraph (a) of this Rule the Commissioner shall publish in the North Carolina Register a notice of the filing of the application and require posting of such notice by the applicant in a conspicuous place or places where notices to employees are customarily posted. Verification of the posting of this notice shall be provided to the Commissioner.

(2) A notice of the filing of an application shall include:

(A) the terms, or an accurate summary, of the application;

(B) a reference to the section of the Act under which the application has been filed;

(C) an invitation to interested persons to submit within a stated period of time written data, views, or arguments regarding the application; and

(D) information to affected employers and employees of any right to request a hearing on the application.

History

  • Authority G.S. 95-132; 95-136
  • Eff. February 1, 1976
  • Amended Eff. June 8, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 1, 1994
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0711 Requests for Hearings on Applications {#sec-13-ncac-07a-.0711 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0711}

(a) Request for Hearing. Within the time allowed by a notice of the filing of an application, any affected employer or employee may file with the Commissioner, in quadruplicate, a request for a hearing on the application.

(b) Contents of a Request for a Hearing. A request for a hearing pursuant to Paragraph (a) of this Rule shall include:

(1) a concise statement of facts showing how the employer or employee would be affected by the relief applied for;

(2) a specification of any statement or representation in the application which is denied, and a concise summary of the evidence that would be adduced in support of each denial; and

(3) any views or arguments on any issue of fact or law presented.

History

  • Authority G.S. 95-132; 95-136
  • Eff. February 1, 1976
  • Amended Eff. June 8, 1977
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 1, 1994
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0712 Notice of Hearing {#sec-13-ncac-07a-.0712 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0712}

(a) Service. Upon request for a hearing as provided in this part, or upon his own initiative, the Commissioner shall serve, or cause to be served, a reasonable notice of hearing.

(b) Contents. A notice of hearing served under Paragraph (a) of this Rule shall include:

(1) the time, place and nature of the hearing;

(2) the legal authority under which the hearing is to be held;

(3) a specification of issues of fact and law; and

(4) a designation of a hearing officer appointed to preside over the hearing.

(c) Notification. A notice of hearing issued pursuant to Paragraph (a) of this Rule shall be served on the party applying for the limitation, variation, tolerance or exemption. Notice of the hearing shall be served on the employees by posting such notice in each establishment in a conspicuous place where notices to employees are customarily posted. This notice shall remain posted for a period of not less than five days prior to the date of the hearing. Verification of the posting of this notice shall be provided to the Commissioner.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0713 Manner of Service {#sec-13-ncac-07a-.0713 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0713}

Service of any document upon any party may be made by personal delivery, or by mailing a copy of the document to the last known address of the party. The person serving the document shall certify to the manner and the date of the service.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0714 Hearing Officers: Powers and Duties {#sec-13-ncac-07a-.0714 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0714}

(a) Powers. A hearing officer designated by the Commissioner to preside over a hearing shall have all powers necessary or appropriate to conduct a fair, full, and impartial hearing, including the following:

(1) to administer oaths and affirmations;

(2) to rule upon offers of proof and receive relevant evidence;

(3) to provide for discovery and to determine its scope;

(4) to regulate the course of the hearing and the conduct of the parties and their counsel therein;

(5) to consider and rule upon procedural requests;

(6) to hold conferences for the settlement or simplification of the issues by consent of the parties;

(7) to make, or to cause to be made, an inspection of the employment or place of employment involved;

(8) to make decisions in accordance with the Act, and this part; and

(9) to take any other appropriate action authorized by the Act, this part or the Commissioner.

(b) Private Consultation. Except to the extent required for the disposition of ex parte matters, a hearing officer may not consult a party on any fact at issue, unless upon notice and opportunity for all parties to participate.

(c) Disqualification

(1) When a hearing officer deems himself disqualified to preside over a particular hearing, he shall withdraw therefrom by notice on the record directed to the Commissioner of Labor.

(2) Any party who deems a hearing officer for any reason to be disqualified to preside, or to continue to preside, over a particular hearing, may file with the Commissioner of the Department of Labor a motion to disqualify and remove the hearing officer, such motion to be supported by affidavits setting forth the alleged grounds for disqualifications. The Commissioner shall rule upon the motion.

(d) Contumacious Conduct; Failure or Refusal to Appear or Obey the Rulings of a Presiding Hearing Officer

(1) Contumacious conduct at any hearing before the hearing officer shall be grounds for exclusion from the hearing.

(2) If a witness or a party refuses to answer a question after being directed to do so, or refuses to obey an order to provide or permit discovery, the hearing officer may make such orders with regard to the refusal as are just and appropriate including an order denying the application of an applicant or regulating the contents of the record of the hearing.

(e) Referral to North Carolina Rules of Civil Procedure. On any procedural question not regulated by this part of the Act, a hearing officer shall be guided to the extent practicable by any pertinent provisions of the North Carolina Rules of Civil Procedure.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0715 Prehearing Conferences {#sec-13-ncac-07a-.0715 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0715}

(a) Convening a Conference. Upon his own motion or the motion of a party, the hearing officer may direct the parties or their counsel to meet with him for a conference to consider:

(1) simplification of the issues;

(2) necessity or desirability of amendments to documents for purposes of clarification, simplification, or limitation;

(3) stipulations, admissions of fact, and of contents and authenticity of documents;

(4) limitation of the number of parties and of expert witnesses; and

(5) such other matters as may tend to expedite the disposition of the proceeding, and to assure a just conclusion thereof.

(b) Record of Conference. The director shall make an order which recites the action taken at the conference, the amendments allowed to any document which have been filed, and the agreements made between the parties as to any of the matters considered, and which limits the issues for hearing to those not disposed of by admission or agreements; and such order when entered controls the subsequent course of the hearing, unless modified at the hearing, to prevent manifest injustice.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0716 Hearings {#sec-13-ncac-07a-.0716 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0716}

(a) Order of Proceeding. Except as may be ordered otherwise by the presiding hearing officer, the party applying for a variance shall proceed first at a hearing.

(b) Burden of Proof. The party applicant shall have the burden of proof.

(c) Evidence

(1) Admissibility. A party shall be entitled to present his case or defense by oral or documentary evidence to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received, but a presiding hearing officer shall exclude evidence which is irrelevant, immaterial, or unduly repetitious.

(2) Testimony of Witnesses. The testimony of a witness shall be upon oath or affirmation administered by the presiding hearing officer.

(3) Objections. If a party objects to the admission or rejection of any evidence, or to the limitation of the scope of any examination or cross examination, or to the failure to limit such, he shall state briefly the grounds for such objection. Rulings on all objections shall appear in the record. Only objections made before the presiding hearing officer may be relied upon subsequently in a proceeding.

(4) Exceptions. Formal exception to an adverse ruling is not required.

(d) Official Notice. Official notice may be taken of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice or concerning which the Department of Labor by reason of its functions is presumed to be expert: provided, that the parties shall be given adequate notice, at the hearing or by reference in the presiding hearing officer's decision, of the matters so noticed, and shall be given adequate opportunity to show the contrary.

(e) Transcript. Hearings shall be stenographically reported. Copies of the transcript may be obtained by the parties upon written application filed with the reporter, and upon the payment of fees at the rate provided in the agreement with the reporter.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0717 Decisions {#sec-13-ncac-07a-.0717 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0717}

(a) Proposed Findings of Fact, Conclusions, and Rules or Orders. Within 10 days after receipt of notice that the transcript of the testimony has been filed, or such additional time as the presiding hearing officer may allow, each party may file with the hearing officer proposed findings of fact, conclusions of law, and rule or order, together with a supporting brief expressing the reasons for such proposals. Such proposals and brief shall be served on all other parties, and shall refer to all portions of the record and to all authorities relied upon in support of each proposal.

(b) Within a reasonable time after the time allowed for the filing of proposed findings of fact, conclusions of law, and rules or order and supporting briefs, the hearing officer shall transmit his recommendations to the Commissioner.

(c) Within a reasonable time after the time allowed for the filing of proposed findings of fact, conclusions of law, rule or order, and the hearing officer's recommendations, the Commissioner shall make and serve upon each party his decision, which shall become final upon the 20th day after service thereof, unless exceptions are filed thereto, as provided in .0718 of this Section. The decision of the Commissioner shall include:

(1) a statement of findings and conclusions, with reasons and basis therefore, upon each material issue of fact, law, or discretion presented on the record; and

(2) the appropriate rule, order, relief, or denial thereof; The recommendations of the hearing officer shall be based upon a consideration of the whole record and shall state all facts officially noticed and relied upon. It shall be made on the basis of a preponderance of reliable and probative evidence.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0718 Exceptions {#sec-13-ncac-07a-.0718 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0718}

Within 20 days after service of a decision of the Commissioner, any party may file written exceptions thereto with supporting reasons. Such exceptions shall refer to the specific findings of fact, conclusions of law, or terms of the rule or order excepted to, the specific pages of transcript relevant to the suggestions, and shall suggest corrected findings of fact, conclusions of law, or terms of the rule or order. Upon receipt of any exceptions, the Commissioner shall fix a time for filing any objections to the exceptions and any supporting reasons.

History

  • Authority G.S. 95-132
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0801 Purpose {#sec-13-ncac-07a-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0801}

This Section sets forth the rules of procedure for implementation of G.S. 95-137(b)(1) regarding an employer's request for an informal conference following the issuance of a citation to that employer.

History

  • Authority G.S. 95-133; 95-137
  • Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0802 Time Limitations {#sec-13-ncac-07a-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0802}

(a) An employer has 15 working days from receipt of a citation to notify the Director in writing that the employer wishes to either contest under the provisions of G.S. 95-137(b)(1) or request an informal conference.

(b) The Director shall attempt to schedule the informal conference within the 15 working day contestment period. However, if the receipt of the request for an informal conference does not allow for the scheduling of the informal conference within the 15 working day contestment period, an additional 5 working days may be allowed in which to hold the informal conference.

(c) No more than 20 working days from the date of the employer's receipt of the citation shall be allowed in which to conduct an informal conference and notify the employer of the results.

(d) If an employee contests a specific abatement date with the Occupational Safety and Health Review Board pursuant to G.S. 95-130(11), no pre-contestment informal conference may be held regarding that specific abatement date.

History

  • Authority G.S. 95-133; 95-137
  • Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0803 Parties to Informal Conference {#sec-13-ncac-07a-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0803}

In addition to any employer representatives and any OSHA personnel, employees represented by a bargaining agent shall be notified of the informal conference and invited to attend. Employees not represented by a bargaining agent shall be notified through the posting of a notice of the informal conference, and representatives of such employees may be allowed to attend the conference at the discretion of the Director.

History

  • Authority G.S. 95-133; 95-137
  • Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0804 Results of Informal Conference {#sec-13-ncac-07a-.0804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0804}

(a) The results of an informal conference shall be a revised citation, a notice of no change or a settlement agreement.

(b) Any settlement agreement reached pursuant to the informal conference must specify that the employer agrees not to contest the citation or agreed upon penalty.

History

  • Authority G.S. 95-133; 95-137
  • Eff. June 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0901 Scope and Application {#sec-13-ncac-07a-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0901}

(a) The provisions of 29 CFR 1913.10 concerning OSH Division access to employee medical records do not apply. Rather, the rules in this Section apply to all requests by OSH Division personnel to obtain access to employee medical records in order to examine or copy personally identifiable medical information.

(b) For the purposes of the rules in this Section, “personally identifiable medical information” means employee medical information accompanied by either direct identifiers (name, address, social security number, payroll number) or by information which could reasonably be used in the particular circumstances indirectly to identify specific employees (exact age, height, weight, race, sex, date of initial employment, job title).

(c) The examination of personally identifiable medical information shall, to the extent practicable, be performed on-site. OSH Division personnel shall only take medical information in a personally identifiable form off-site if such information is necessary for the investigation.

(d) The rules in this Section do not apply to access to, or the use of, aggregate employee medical information or medical records on individual employees by OSH Division personnel which is not in a personally identifiable form.

(e) The rules in this Section do not apply to records required by 29 CFR 1904, to death certificates, or to employee exposure records, including biological monitoring records treated by 29 CFR 1910.1020(c)(5) or by specific occupational safety and health standards as exposure records.

(f) The rules in this Section do not apply where OSH Division personnel conduct an examination of employee medical records solely to verify employer compliance with the medical surveillance recordkeeping requirements of an occupational safety and health standard or with the employee exposure and medical record requirements of 29 CFR 1910.1020. An examination of this nature shall be conducted onsite and, if requested, shall be conducted under the observation of the record holder and the OSH Division personnel shall not record and take offsite any information from these medical records other than documentation of the fact of compliance or non-compliance.

(g) The rules in this Section do not apply to access to, or the use of, personally identifiable medical information obtained in the course of litigation.

History

  • Authority G.S. 95-133
  • Eff. March 1, 2010
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0902 Responsible Persons {#sec-13-ncac-07a-.0902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0902}

(a) The Commissioner is responsible for the overall administration and implementation of the procedures contained in the rules in this Section, including making the final determinations concerning:

(1) Access to personally identifiable medical information; and

(2) Inter-agency transfer or public disclosure of personally identifiable medical information.

(b) Medical Records Coordinator. The Commissioner shall designate an OSH Division employee to oversee the security procedures established in the rules in this Section.

(c) Medical Records Administrators. The Commissioner shall designate an OSH Division employee at each field location to maintain a log of uses and transfers of personally identifiable medical information for each file, including the name of each person accessing the information. The Medical Records Administrators shall also have primary control of the locked cabinet or vault where such records are stored and shall not allow access to the information contained in the cabinet to any person not authorized by the rules in this Section.

(d) Principal OSH Investigator. The Principal OSH Investigator shall be the OSH Division employee in each instance of access to personally identifiable employee medical information who is made primarily responsible for ensuring that the examination and use of this information is performed in the manner prescribed by the rules in this Section.

History

  • Authority G.S. 95-133
  • Eff. March 1, 2010
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0903 Security Procedures; Retention and Destruction of Records {#sec-13-ncac-07a-.0903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0903}

(a) All medical information obtained pursuant to an investigation that contains direct personal identifiers shall be separated from the rest of the investigation file and coded with a unique identifying number for each employee. The medical information with its numerical code shall thereafter be secured in a locked cabinet or vault.

(b) The photocopying or other duplication of personally identifiable medical information shall be limited to what is necessary to accomplish the purposes for which the information was obtained.

(c) The protective measures established by the rules in this Section apply to all worksheets, duplicate copies, or other documents containing personally identifiable medical information.

(d) Transfers of personally identifiable medical information shall be by hand delivery, certified mail, or other equally protective means.

(e) In accordance with the Department records retention schedule, personally identifiable medical information and lists of coded direct personal identifiers shall be destroyed or returned to the original record holder when no longer needed for the purposes for which they were obtained or when the case file is closed.

History

  • Authority G.S. 95-133
  • Eff. March 1, 2010
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0904 Intra-Agency Use and Transfer {#sec-13-ncac-07a-.0904 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0904}

(a) The Medical Records Administrator at each field location shall ensure that personally identifiable medical information is secured in accordance with the rules in this Section.

(b) The Principal OSH Investigator, the Medical Records Administrator, or the Director or his designee, may permit the examination or use of personally identifiable medical information by OSH Division employees who have a need for access. No OSH Division employee, other than the Principal OSH Investigator, shall examine or otherwise use personally identifiable medical information unless so permitted.

(c) Medical records shall not be transferred to Department employees outside of the OSH Division unless authorized by the Director or his designee.

(d) OSH Division employees and other Department employees are only authorized to use personally identifiable medical information for the purposes for which it was obtained, unless the written consent of the employee is obtained for a secondary purpose.

History

  • Authority G.S. 95-133
  • Eff. March 1, 2010
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07A .0905 inter-agency transfer and public disclosure {#sec-13-ncac-07a-.0905 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07A .0905}

(a) Personally identifiable medical information shall not be transferred to another agency except as noted in Paragraph (c) of this Rule, or disclosed to the public (other than the affected employee or the original record holder) except when required by law or approved by the Commissioner or his designee.

(b) The Commissioner or his designee shall not approve a request for an inter-agency transfer or for the public disclosure of personally identifiable medical information which the affected employee has not consented to unless there are compelling circumstances affecting the health or safety of an individual or the public.

(c) Upon approval of the Commissioner or his designee, personally identifiable medical information may be transferred to:

(1) The North Carolina Attorney General's Office; or

(2) The North Carolina Occupational Safety and Health Review Commission when an employee files a notice of contest pursuant to G.S. 95-137.

History

  • Authority G.S. 95-133
  • Eff. March 1, 2010
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.

Subchapter B

13 NCAC 07B .0101 Purpose and Scope {#sec-13-ncac-07b-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0101}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0102 Posting of Notice: Availability of Regulations: Standards {#sec-13-ncac-07b-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0102}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0103 Security Clearance {#sec-13-ncac-07b-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0103}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0104 Objection to Inspection {#sec-13-ncac-07b-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0104}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0105 Entry Not a Waiver {#sec-13-ncac-07b-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0105}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0106 Advance Notice of Inspections {#sec-13-ncac-07b-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0106}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0107 Conduct of Inspections {#sec-13-ncac-07b-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0107}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0108 Representatives of Employers and Employees {#sec-13-ncac-07b-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0108}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0109 Trade Secrets {#sec-13-ncac-07b-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0109}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0110 Consultation with Employees {#sec-13-ncac-07b-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0110}

History

  • Status: repealed
  • Authority G.S. 95-136; 95-143; 95-152
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 28, 1990; August 1, 1988; July 1, 1988; March 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0111 Complaints by Employees {#sec-13-ncac-07b-.0111 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0111}

History

  • Status: repealed
  • Authority G.S. 95-130
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07B .0112 Inspection Not Warranted: Informal Review {#sec-13-ncac-07b-.0112 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0112}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0113 Imminent Danger {#sec-13-ncac-07b-.0113 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0113}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0114 Citations: Notices of De Minimis Violations {#sec-13-ncac-07b-.0114 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0114}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0115 Petitions for Modification of Abatement Date {#sec-13-ncac-07b-.0115 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0115}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0116 Proposed Penalties {#sec-13-ncac-07b-.0116 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0116}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0117 Posting of Citations {#sec-13-ncac-07b-.0117 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0117}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0118 Employer and Employee Contests Before the Review Board {#sec-13-ncac-07b-.0118 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0118}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-133; 95-135; 95-137; 95-138; 95-140
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; July 1, 1988; February 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0119 Failure to Correct a Cited Violation {#sec-13-ncac-07b-.0119 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0119}

History

  • Status: repealed
  • Authority G.S. 95-138
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07B .0120 Informal Conferences {#sec-13-ncac-07b-.0120 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0120}

History

  • Status: repealed
  • Authority G.S. 95-127; 95-133
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0121 Definitions {#sec-13-ncac-07b-.0121 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0121}

History

  • Status: repealed
  • Authority G.S. 95-127; 95-133
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0201 Description of the Plan {#sec-13-ncac-07b-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0201}

History

  • Status: repealed
  • Authority G.S. 95-154
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0202 Where the Plan May Be Inspected {#sec-13-ncac-07b-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0202}

History

  • Status: repealed
  • Authority G.S. 95-154
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0203 Developmental Schedule {#sec-13-ncac-07b-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0203}

History

  • Status: repealed
  • Authority G.S. 95-154
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. July 1, 1988.
13 NCAC 07B .0301 Purpose and Scope {#sec-13-ncac-07b-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0301}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0302 Log and Summary of Occupational Injuries and Illnesses {#sec-13-ncac-07b-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0302}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0303 Period Covered {#sec-13-ncac-07b-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0303}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0304 Supplementary Record {#sec-13-ncac-07b-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0304}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0305 Annual Summary {#sec-13-ncac-07b-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0305}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0306 Retention of Records {#sec-13-ncac-07b-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0306}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0307 Access to Records {#sec-13-ncac-07b-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0307}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0308 Reporting Fatality or Multiple Hospitalization Accidents {#sec-13-ncac-07b-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0308}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0309 Falsification or Failure to Keep Records or Reports {#sec-13-ncac-07b-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0309}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0310 Change of Ownership {#sec-13-ncac-07b-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0310}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0311 Definitions {#sec-13-ncac-07b-.0311 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0311}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0312 Petitions for Recordkeeping Exceptions {#sec-13-ncac-07b-.0312 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0312}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0313 Employees Not in Fixed Establishments {#sec-13-ncac-07b-.0313 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0313}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0314 Small Employers {#sec-13-ncac-07b-.0314 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0314}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0315 Description of Statistical Program {#sec-13-ncac-07b-.0315 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0315}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0316 Duties of Employers {#sec-13-ncac-07b-.0316 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0316}

History

  • Status: repealed
  • Authority G.S. 95-143; 95-144; 95-145; 95-148
  • Eff. February 1, 1976
  • Amended Eff. Amended Eff. August 18, 1977; September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; February 1, 1984; July 25, 1978; February 21, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0317 Standard Industrial Classification Codes {#sec-13-ncac-07b-.0317 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0317}

History

  • Status: repealed
  • Authority G.S. 95-131(a); 95-143
  • Eff. February 1, 1984
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0501 Purpose and Scope {#sec-13-ncac-07b-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0501}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0502 Promulgation: Modification: or Revocation of a Standard {#sec-13-ncac-07b-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0502}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0503 Additional or Alternative Procedural Requirements {#sec-13-ncac-07b-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0503}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0504 Standards Commencement of Rulemaking {#sec-13-ncac-07b-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0504}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0505 Emergency Standards {#sec-13-ncac-07b-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0505}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0506 Hearings {#sec-13-ncac-07b-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0506}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0507 Powers of Presiding Officer {#sec-13-ncac-07b-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0507}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0508 Certification of the Record of a Hearing {#sec-13-ncac-07b-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0508}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0509 Decision {#sec-13-ncac-07b-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0509}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. September 20, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988; January 26, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0601 General Provisions {#sec-13-ncac-07b-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0601}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0602 Parties and Representatives {#sec-13-ncac-07b-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0602}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0603 Pleadings and Motions {#sec-13-ncac-07b-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0603}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0604 Pre-Hearing Procedures and Discovery {#sec-13-ncac-07b-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0604}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0605 Hearings {#sec-13-ncac-07b-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0605}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0606 Post Hearing Procedures {#sec-13-ncac-07b-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0606}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0607 Miscellaneous Provisions {#sec-13-ncac-07b-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0607}

History

  • Status: repealed
  • Authority G.S. 95-135
  • Eff. February 1, 1976
  • Repealed Eff. September 20, 1976.
13 NCAC 07B .0801 Purpose and Scope {#sec-13-ncac-07b-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0801}

History

  • Status: repealed
  • Authority G.S. 95-133
  • Eff. February 1, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0802 Procedure {#sec-13-ncac-07b-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0802}

History

  • Status: repealed
  • Authority G.S. 95-133
  • Eff. February 1, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0803 Director's Duties and Responsibilities {#sec-13-ncac-07b-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0803}

History

  • Status: repealed
  • Authority G.S. 95-133
  • Eff. February 1, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0804 Imminent Danger and Serious Conditions {#sec-13-ncac-07b-.0804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0804}

History

  • Status: repealed
  • Authority G.S. 95-133
  • Eff. February 1, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0901 Purpose {#sec-13-ncac-07b-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0901}

History

  • Status: repealed
  • Authority G.S. 95-148
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0902 Scope {#sec-13-ncac-07b-.0902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0902}

History

  • Status: repealed
  • Authority G.S. 95-148
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0903 Policy {#sec-13-ncac-07b-.0903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0903}

History

  • Status: repealed
  • Authority G.S. 95-148
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0904 Agency Responsibilities {#sec-13-ncac-07b-.0904 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0904}

History

  • Status: repealed
  • Authority G.S. 95-148
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .0905 Additional Involvement of the Osha Division {#sec-13-ncac-07b-.0905 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .0905}

History

  • Status: repealed
  • Authority G.S. 95-148
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1001 Disclosure {#sec-13-ncac-07b-.1001 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1001}

History

  • Authority G.S; 95-129; 95-136(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Recodified to 13 NCAC 7A .0303 Eff. August 2, 1993.
13 NCAC 07B .1002 Publicity on Enforcement Activities {#sec-13-ncac-07b-.1002 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1002}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-136(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1003 Rules Concerning Osha Access to Employee Medical Records {#sec-13-ncac-07b-.1003 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1003}

History

  • Status: repealed
  • Authority G.S. 95-129; 95-136(g)
  • Eff. October 13, 1980
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1101 Purpose {#sec-13-ncac-07b-.1101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1101}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1102 Safety and Health Report {#sec-13-ncac-07b-.1102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1102}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1103 Worksheet {#sec-13-ncac-07b-.1103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1103}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1104 Narrative {#sec-13-ncac-07b-.1104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1104}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1106 Penalty Forms {#sec-13-ncac-07b-.1106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1106}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1107 Accident Investigation Report {#sec-13-ncac-07b-.1107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1107}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1108 Witness Statement {#sec-13-ncac-07b-.1108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1108}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1109 Complaint {#sec-13-ncac-07b-.1109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1109}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1110 Imminent Danger {#sec-13-ncac-07b-.1110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1110}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1111 Hazards Not Covered by a Standard {#sec-13-ncac-07b-.1111 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1111}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1112 Penalty Assessment Worksheets {#sec-13-ncac-07b-.1112 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1112}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. October 13, 1980.
13 NCAC 07B .1113 Point-of-Operation Injury Report {#sec-13-ncac-07b-.1113 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1113}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1114 Serious Violation Evaluation {#sec-13-ncac-07b-.1114 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1114}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. October 13, 1980.
13 NCAC 07B .1115 Photo Record {#sec-13-ncac-07b-.1115 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1115}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1116 Industrial Hygiene Referral {#sec-13-ncac-07b-.1116 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1116}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1117 Hearing Conservation Program Analysis {#sec-13-ncac-07b-.1117 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1117}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1118 Sketches and Diagrams {#sec-13-ncac-07b-.1118 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1118}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1119 Noise Survey Data Sheet {#sec-13-ncac-07b-.1119 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1119}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1120 Calibration Log {#sec-13-ncac-07b-.1120 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1120}

History

  • Status: repealed
  • Authority G.S. 95-136
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 13, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1201 Purpose {#sec-13-ncac-07b-.1201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1201}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 13, 1980; June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1202 Safety and Health Report Form {#sec-13-ncac-07b-.1202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1202}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 13, 1980; June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1203 Survey Report {#sec-13-ncac-07b-.1203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1203}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 13, 1980; June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1204 Notice of Violation {#sec-13-ncac-07b-.1204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1204}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 13, 1980; June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1205 Notification of Abatement of Citation Items {#sec-13-ncac-07b-.1205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1205}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 13, 1980; June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1206 Notification of Failure to Correct a Violation {#sec-13-ncac-07b-.1206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1206}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 13, 1980; June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1207 Notification of Abatement of Serious Survey Hazards {#sec-13-ncac-07b-.1207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1207}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. June 27, 1980
  • Repealed Eff. August 2, 1993.
13 NCAC 07B .1208 Notification of Failure to Correct Hazard {#sec-13-ncac-07b-.1208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07B .1208}

History

  • Status: repealed
  • Authority G.S. 95-126
  • Eff. June 27, 1980
  • Repealed Eff. August 2, 1993.

Subchapter C

13 NCAC 07C .0101 General Industry {#sec-13-ncac-07c-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0101}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. August 26, 1992; September 19, 1977; July 29, 1977; June 6, 1977
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 14, 1993; June 1, 1993; February 8, 1993; February 5, 1993
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0102 Construction {#sec-13-ncac-07c-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0102}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Amended Eff. August 26, 1992; September 19, 1977; July 29, 1977; June 6, 1977
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 14, 1993; June 1, 1993; February 8, 1993; February 5, 1993
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0103 Agriculture {#sec-13-ncac-07c-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0103}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. March 24, 1976
  • Amended Eff. November 1, 1976; July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 30, 1987; July 13, 1981; December 14, 1978; August 28, 1978
  • Readopted Subparagraph (a)(12) Eff. February 1, 1989
  • Amended Eff. March 17, 1989; February 1, 1989
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0104 Field Sanitation Standard {#sec-13-ncac-07c-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0104}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 30, 1987
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0105 Boilers and Pressure Vessels {#sec-13-ncac-07c-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0105}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1989
  • Repealed Eff. June 1, 1993.

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1989
  • Repealed Eff. June 1, 1993.
13 NCAC 07C .0107 Life Safety Code {#sec-13-ncac-07c-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0107}

History

  • Authority G.S. 95-131
  • Eff. April 1, 1992
  • Recodified to 13 NCAC 7F .0102 Eff. August 2, 1993.
13 NCAC 07C .0108 Building Code {#sec-13-ncac-07c-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0108}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-131; 95-136
  • RRC Objection on September 17, 1992 Due to Lack of Statutory Authority
  • Eff. October 22, 1992
  • Repealed Eff. June 1, 1993.
13 NCAC 07C .0109 Fire Prevention Code {#sec-13-ncac-07c-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0109}

History

  • Status: repealed
  • Authority G.S. 95-126; 95-131; 95-136
  • RRC Objection on September 17, 1992 Due to Lack of Statutory Authority
  • Eff. October 22, 1992
  • Repealed Eff. June 1, 1993.
13 NCAC 07C .0301 General Requirements {#sec-13-ncac-07c-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0301}

History

  • Status: expired
  • Filed as a Temporary Rule Eff. May 19, 1982, for a Period of 120 Days to Expire on September 16, 1982
  • Statutory Authority G.S. 95-131
  • Expired Eff. September 16, 1982.
13 NCAC 07C .0302 Definitions Applicable to This Standard {#sec-13-ncac-07c-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0302}

History

  • Status: expired
  • Filed as a Temporary Rule Eff. May 19, 1982, for a Period of 120 Days to Expire on
  • September 16, 1982
  • Statutory Authority G.S. 95-131
  • Expired Eff. September 16, 1982.
13 NCAC 07C .0303 Drinking Water {#sec-13-ncac-07c-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0303}

History

  • Status: expired
  • Filed as a Temporary Rule Eff. May 19, 1982, for a Period of 120 Days to Expire on September 16, 1982
  • Statutory Authority G.S. 95-131
  • Expired Eff. September 16, 1982.
13 NCAC 07C .0304 Applicability {#sec-13-ncac-07c-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0304}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0305 Definitions {#sec-13-ncac-07c-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0305}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0306 Drinking Water {#sec-13-ncac-07c-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0306}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0307 Handwashing {#sec-13-ncac-07c-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0307}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0308 Waste Water {#sec-13-ncac-07c-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0308}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07C .0309 Variances {#sec-13-ncac-07c-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07C .0309}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. July 1, 1983
  • Repealed Eff. August 2, 1993.

Subchapter D

13 NCAC 07D .0101 Scope {#sec-13-ncac-07d-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0101}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0102 Application and Distribution {#sec-13-ncac-07d-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0102}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0103 Aisles and Passageways {#sec-13-ncac-07d-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0103}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0104 Guardrails at Petroleum Loading Racks {#sec-13-ncac-07d-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0104}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0201 Scope {#sec-13-ncac-07d-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0201}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0202 Application and Distribution {#sec-13-ncac-07d-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0202}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0203 Exit Signs {#sec-13-ncac-07d-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0203}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0301 Scope {#sec-13-ncac-07d-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0301}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0302 Application and Distribution {#sec-13-ncac-07d-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0302}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0401 Scope {#sec-13-ncac-07d-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0401}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 12, 1978; October 26, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0402 Application and Distribution {#sec-13-ncac-07d-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0402}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 12, 1978; October 26, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0403 Occupational Noise Exposure {#sec-13-ncac-07d-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0403}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 12, 1978; October 26, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0404 Personal Protection for Cyanide Operations {#sec-13-ncac-07d-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0404}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 12, 1978; October 26, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0405 Medical Examinations and Asbestos Exposure {#sec-13-ncac-07d-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0405}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. December 12, 1978; October 26, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0406 Laboratory Provisions for Carcinogens {#sec-13-ncac-07d-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0406}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. December 12, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0407 Cotton Dust {#sec-13-ncac-07d-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0407}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. September 22, 1978
  • Amended Eff. February 6, 1979; October 13, 1978
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0408 Lead {#sec-13-ncac-07d-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0408}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. March 20, 1979
  • Amended Eff. August 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0501 Scope {#sec-13-ncac-07d-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0501}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0502 Application and Distribution {#sec-13-ncac-07d-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0502}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0503 Sizes for Flammable and Combustible Liquid Containers {#sec-13-ncac-07d-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0503}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0504 Class I: Division 2 Hazardous Locations for Spray Painting {#sec-13-ncac-07d-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0504}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0505 Sinks Used for Cleaning Operations {#sec-13-ncac-07d-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0505}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0506 Transportation of Explosives: Personnel and Blasting Caps {#sec-13-ncac-07d-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0506}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0601 Scope {#sec-13-ncac-07d-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0601}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0602 Application and Distribution {#sec-13-ncac-07d-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0602}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0603 Eye Protection for Staple Guns {#sec-13-ncac-07d-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0603}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0604 Respirators {#sec-13-ncac-07d-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0604}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0605 Eye and Face Protection {#sec-13-ncac-07d-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0605}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. April 11, 1979
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0606 Fall Protection {#sec-13-ncac-07d-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0606}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. May 4, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0701 Scope {#sec-13-ncac-07d-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0701}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0702 Application and Distribution {#sec-13-ncac-07d-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0702}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0703 Toilet Facilities in Labor Camps {#sec-13-ncac-07d-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0703}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. December 17, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0704 Consumption of Food and Beverages in Hazardous Areas {#sec-13-ncac-07d-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0704}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. March 27, 1979
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0801 Scope {#sec-13-ncac-07d-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0801}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0802 Application and Distribution {#sec-13-ncac-07d-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0802}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0803 First Aid {#sec-13-ncac-07d-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0803}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0901 Scope {#sec-13-ncac-07d-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0901}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .0902 Application and Distribution {#sec-13-ncac-07d-.0902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .0902}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1001 Scope {#sec-13-ncac-07d-.1001 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1001}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1002 Application and Distribution {#sec-13-ncac-07d-.1002 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1002}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1101 Scope {#sec-13-ncac-07d-.1101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1101}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 5, 1981
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1102 Application and Distribution {#sec-13-ncac-07d-.1102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1102}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 5, 1981
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1103 Elevatable Controls for Industrial Trucks {#sec-13-ncac-07d-.1103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1103}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 5, 1981
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1104 Chocks and Blocks for Powered Industrial Trucks {#sec-13-ncac-07d-.1104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1104}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. May 5, 1981
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1105 Conversion: Modification: Addition to Industrial Trucks {#sec-13-ncac-07d-.1105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1105}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. April 11, 1979
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1201 Scope {#sec-13-ncac-07d-.1201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1201}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1202 Application and Distribution {#sec-13-ncac-07d-.1202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1202}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1203 Mechanical Power Presses {#sec-13-ncac-07d-.1203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1203}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1204 Press Brakes {#sec-13-ncac-07d-.1204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1204}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1205 Acceptable Guarding for Circular Meat Cutting Saws {#sec-13-ncac-07d-.1205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1205}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1206 Guarding of Centrifuges {#sec-13-ncac-07d-.1206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1206}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1301 Scope {#sec-13-ncac-07d-.1301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1301}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1302 Application and Distribution {#sec-13-ncac-07d-.1302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1302}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1401 Scope {#sec-13-ncac-07d-.1401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1401}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 3, 1993.
13 NCAC 07D .1402 Application and Distribution {#sec-13-ncac-07d-.1402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1402}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 3, 1993.
13 NCAC 07D .1403 Work in Confined Spaces for Welding {#sec-13-ncac-07d-.1403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1403}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 3, 1993.
13 NCAC 07D .1501 Scope {#sec-13-ncac-07d-.1501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1501}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1502 Application and Distribution {#sec-13-ncac-07d-.1502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1502}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1503 Textile Gear Housing Covers {#sec-13-ncac-07d-.1503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1503}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1504 Laundry Point of Operation Guards {#sec-13-ncac-07d-.1504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1504}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1505 Drying Tumblers-Shakers-Washing Machine Interlock Devices {#sec-13-ncac-07d-.1505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1505}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1507 Guarding of Carding Machines Used in the Textile Industry {#sec-13-ncac-07d-.1507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1507}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1508 Mechanical Power Transmission Apparatus on Textile Looms {#sec-13-ncac-07d-.1508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1508}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. August 24, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1509 Standby Personnel at Telecommunications Manhole {#sec-13-ncac-07d-.1509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1509}

History

  • Status: repealed
  • Authority G.S. 95-133(b)(1); 95-133(b)(2); 95-133(b)(3); 95-136(g)
  • Eff. February 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1601 Scope {#sec-13-ncac-07d-.1601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1601}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1602 Application and Distribution {#sec-13-ncac-07d-.1602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1602}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1603 Commercial Garages: Repair and Storage {#sec-13-ncac-07d-.1603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1603}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. March 1, 1982
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1604 Grounding of Cord-and-Plug Connected Electrical Equipment {#sec-13-ncac-07d-.1604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1604}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1701 Scope {#sec-13-ncac-07d-.1701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1701}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1702 Application and Distribution {#sec-13-ncac-07d-.1702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1702}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1801 Scope {#sec-13-ncac-07d-.1801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1801}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1802 Application and Distribution {#sec-13-ncac-07d-.1802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1802}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1803 General Definition of Confined Space {#sec-13-ncac-07d-.1803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1803}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1804 Motor-Vehicle Fatalities and Osha Injury-Illness Records {#sec-13-ncac-07d-.1804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1804}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. March 7, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1805 Emergency Eye Wash and Shower Requirements {#sec-13-ncac-07d-.1805 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1805}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. September 12, 1977
  • Amended Eff. January 1, 1983
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1901 Scope {#sec-13-ncac-07d-.1901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1901}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. January 5, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1902 Application and Distribution {#sec-13-ncac-07d-.1902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1902}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. January 5, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1903 Osha/Mesa Jurisdiction {#sec-13-ncac-07d-.1903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1903}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. January 5, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .1904 Standards: Operational Procedure: Requirements of Oshanc {#sec-13-ncac-07d-.1904 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .1904}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. September 6, 1977
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1988
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .2001 Scope {#sec-13-ncac-07d-.2001 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .2001}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 13, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .2002 Application and Distribution {#sec-13-ncac-07d-.2002 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .2002}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 13, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .2003 Exposure to Benzene: Emergency Temporary Standards {#sec-13-ncac-07d-.2003 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .2003}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 13, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07D .2004 Table Z-1: Chlorine {#sec-13-ncac-07d-.2004 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07D .2004}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. September 10, 1979
  • Repealed Eff. August 2, 1993.

Subchapter E

13 NCAC 07E .0101 Scope {#sec-13-ncac-07e-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0101}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0102 Application and Distribution {#sec-13-ncac-07e-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0102}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0201 Scope {#sec-13-ncac-07e-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0201}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0202 Application and Distribution {#sec-13-ncac-07e-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0202}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0301 Scope {#sec-13-ncac-07e-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0301}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0302 Application and Distribution {#sec-13-ncac-07e-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0302}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0303 Eye and Face Protection: Chemical Exposures: Construction {#sec-13-ncac-07e-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0303}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0401 Scope {#sec-13-ncac-07e-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0401}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0402 Application and Distribution {#sec-13-ncac-07e-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0402}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0403 Fire Extinguishers for Construction Sites {#sec-13-ncac-07e-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0403}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0501 Scope {#sec-13-ncac-07e-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0501}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0502 Application and Distribution {#sec-13-ncac-07e-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0502}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0601 Scope {#sec-13-ncac-07e-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0601}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0602 Application and Distribution {#sec-13-ncac-07e-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0602}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0701 Scope {#sec-13-ncac-07e-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0701}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0702 Application and Distribution {#sec-13-ncac-07e-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0702}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0801 Scope {#sec-13-ncac-07e-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0801}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0802 Application and Distribution {#sec-13-ncac-07e-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0802}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0901 Scope {#sec-13-ncac-07e-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0901}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0902 Application and Distribution {#sec-13-ncac-07e-.0902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0902}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .0903 Ground-Fault Protection in Construction Operations {#sec-13-ncac-07e-.0903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .0903}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. March 7, 1979
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1001 Scope {#sec-13-ncac-07e-.1001 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1001}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1002 Application and Distribution {#sec-13-ncac-07e-.1002 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1002}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1003 Catch Platforms {#sec-13-ncac-07e-.1003 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1003}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1004 Scaffolding: General {#sec-13-ncac-07e-.1004 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1004}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1101 Scope {#sec-13-ncac-07e-.1101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1101}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1102 Application and Distribution {#sec-13-ncac-07e-.1102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1102}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1103 Guarding of Open-Sided Flat Roofs {#sec-13-ncac-07e-.1103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1103}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1201 Scope {#sec-13-ncac-07e-.1201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1201}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1202 Application and Distribution {#sec-13-ncac-07e-.1202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1202}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1203 Upper and Lower Controls on Elevating Work Platforms {#sec-13-ncac-07e-.1203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1203}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 25, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1301 Scope {#sec-13-ncac-07e-.1301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1301}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1302 Application and Distribution {#sec-13-ncac-07e-.1302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1302}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1401 Scope {#sec-13-ncac-07e-.1401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1401}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1402 Application and Distribution {#sec-13-ncac-07e-.1402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1402}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1501 Scope {#sec-13-ncac-07e-.1501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1501}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1502 Application and Distribution {#sec-13-ncac-07e-.1502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1502}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1503 Masonry Walls {#sec-13-ncac-07e-.1503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1503}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1601 Scope {#sec-13-ncac-07e-.1601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1601}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. March 21, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1602 Application and Distribution {#sec-13-ncac-07e-.1602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1602}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. March 21, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1603 Fall Protection in Structural Steel Erection {#sec-13-ncac-07e-.1603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1603}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. March 21, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1604 Steel Erection: Definition Term {#sec-13-ncac-07e-.1604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1604}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Amended Eff. March 21, 1977
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1701 Scope {#sec-13-ncac-07e-.1701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1701}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1702 Application and Distribution {#sec-13-ncac-07e-.1702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1702}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1801 Scope {#sec-13-ncac-07e-.1801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1801}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1802 Application and Distribution {#sec-13-ncac-07e-.1802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1802}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1901 Scope {#sec-13-ncac-07e-.1901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1901}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1902 Application and Distribution {#sec-13-ncac-07e-.1902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1902}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .1903 Transportation of Explosives: Personnel and Blasting Caps {#sec-13-ncac-07e-.1903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .1903}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .2001 Scope {#sec-13-ncac-07e-.2001 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .2001}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .2002 Application and Distribution {#sec-13-ncac-07e-.2002 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .2002}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .2101 Scope {#sec-13-ncac-07e-.2101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .2101}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.
13 NCAC 07E .2102 Application and Distribution {#sec-13-ncac-07e-.2102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07E .2102}

History

  • Status: repealed
  • Authority G.S. 95-136(g)
  • Eff. July 15, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 2, 1993.

Subchapter F

13 NCAC 07F .0101 General Industry {#sec-13-ncac-07f-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0101}

The provisions for the Occupational Safety and Health Standards for General Industry, Title 29 of the Code of Federal Regulations Part 1910 published in the Federal Register on or before February 13, 2026; and exclusive of subsequent amendments, are incorporated by reference except as modified or amended in 13 NCAC 07F .0103.

History

  • Authority G.S. 95-131; 95-133; 150B-21.6
  • Eff. August 2, 1993
  • Temporary Amendment Eff. August 16, 1993, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
  • Amended Eff. April 1, 1996; January 1, 1996; September 6, 1995; April 1, 1995
  • Temporary Amendment Eff. April 1, 1996
  • Amended Eff. September 1, 1996; June 3, 1996
  • Temporary Amendment Expired January 26, 1997
  • Amended Eff. August 13, 2007; November 22, 2006; May 30, 2006; November 14, 2005; April 14, 2005; September 17, 2004; June 30, 2004; September 4, 2003; July 1, 2003; October 1, 2001; November 14, 2000; September 3, 1999; February 22, 1999; October 8, 1998; July 1, 1998; April 8, 1998; October 15, 1997; March 7, 1997; February 28, 1997; February 11, 1997
  • Recodified Items (1) - (4) to Rules .0103 - .0106 Eff. December 17, 2007
  • Amended Eff. October 8, 2014; November 18, 2013; June 18, 2013; February 5, 2013; June 11, 2012; October 31, 2011; July 1, 2010; November 12, 2009; October 15, 2009; April 23, 2009; April 17, 2008; February 13, 2008
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. January 8, 2021; September 23, 2020; April 10, 2020; February 14, 2020; October 7, 2019; June 3, 2019; December 12, 2018; November 7, 2018; July 1, 2017; May 1, 2017; September 2, 2016; April 22, 2016
  • Amended Eff. July 21, 2021 as an emergency temporary standard
  • Amended Eff. March 4, 2022 (expiration of emergency temporary standard)
  • Amended Eff. June 1, 2026; January 1, 2025; September 1, 2022.
13 NCAC 07F .0102 Life Safety Code {#sec-13-ncac-07f-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0102}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. April 1, 1992
  • Recodified from 13 NCAC 07C .0107 Eff. August 2, 1993
  • Amended Eff. July 1, 1998
  • Repealed Eff. December 1, 2005.
13 NCAC 07F .0103 Hazardous Materials {#sec-13-ncac-07f-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0103}

Subpart H - Hazardous Materials, 29 CFR 1910.120, Hazardous waste operations and emergency response, 1910.120(q)(6) is amended by adding a new level of training:

"(vi) First responder operations plus level. First responders at operations plus level are individuals who respond to hydrocarbon fuel tank leaks where the leaking tanks contain a hydrocarbon fuel which is used to propel the vehicle on which the tank is located. Only those vehicles designed for highway use or those used for industrial, agricultural or construction purposes are covered. First responders at the operations plus level shall have received at least training equal to first responder operations level and, in addition, shall receive training or have had sufficient experience to objectively demonstrate competency in the following areas and the employer shall so certify:

(a) Know how to select and use proper specialized personal protective equipment provided to the first responder at operations plus level;

(b) Understand basic hazardous materials terms as they pertain to hydrocarbon fuels;

(c) Understand hazard and risk assessment techniques that pertain to gasoline, diesel fuel, propane and other hydrocarbon fuels;

(d) Be able to perform control, containment, or confinement operations for gasoline, diesel fuel, propane and other hydrocarbon fuels within the capabilities of the available resources and personal protective equipment; and

(e) Understand and know how to implement decontamination procedures for hydrocarbon fuels."

History

  • Authority G.S. 95-131; 95-133; 150B-21.6
  • Recodified From 13 NCAC 07F .0101(1) Eff. December 17, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0104 Personal Protective Equipment {#sec-13-ncac-07f-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0104}

History

  • Status: repealed
  • Authority G.S. 95-131; 95-133; 150B-21.6
  • Recodified from 13 NCAC 07F .0101(2) Eff. December 17, 2007
  • Repealed Eff. May 15, 2008.
13 NCAC 07F .0105 special industries {#sec-13-ncac-07f-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0105}

History

  • Status: expired
  • Authority G.S. 95-131; 95-133; 150B-21.6
  • Recodified from 13 NCAC 07F .0101(3) Eff. December 17, 2007
  • Expired Eff. April 1, 2016 pursuant to G.S. 150B-21.3A.
13 NCAC 07F .0106 Toxic and Hazardous Substances {#sec-13-ncac-07f-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0106}

History

  • Status: repealed
  • Authority G.S. 95-131; 95-133; 150B-21.6
  • Recodified from 13 NCAC 07F .0101(4) Eff. December 17, 2007
  • Repealed Eff. May 1, 2009.
13 NCAC 07F .0201 Construction {#sec-13-ncac-07f-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0201}

The provisions for the Occupational Safety and Health Standards for Construction, Title 29 of the Code of Federal Regulations Part 1926 promulgated as of January 1, 2025, and exclusive of subsequent amendments, are incorporated by reference except as modified or amended in 13 NCAC 07F .0202 through .0207.

History

  • Authority G.S. 95-131
  • Eff. August 2, 1993
  • Amended Eff. April 14, 2005; March 14, 2005; September 17, 2004; July 1, 2003; December 11, 2002; August 1, 2002; January 18, 2002; September 1, 2000; February 22, 1999; October 8, 1998: July 1, 1998; April 8, 1998; March 7, 1997; February 11, 1997; September 1, 1996; February 1, 1996; January 1, 1996; October 1, 1995; September 6, 1995
  • Item (5): Subpart U-Blasting and Use of Explosives, was recodified to Rules - .0701-.0716 Eff. August 3, 2005
  • Amended Eff. November 22, 2006; August 24, 2006; May 30, 2006
  • Recodified Items (1) - (6) to Rules .0202 - .0207 Eff. December 17, 2007
  • Amended Eff. October 2, 2015; November 20, 2014; October 8, 2014; November 18, 2013; November 8, 2013; June 18, 2013; February 5, 2013; June 11, 2012; October 31, 2011; November 8, 2010; August 19, 2010; July 1, 2010; April 23, 2009; February 13, 2008
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. December 1, 2025, October 1, 2025; September 1, 2022; March 8, 2021; February 1, 2021; September 23, 2020; February 14, 2020; October 7, 2019; May 3, 2019; May 1, 2018; July 1, 2017; September 2, 2016.
13 NCAC 07F .0202 General safety and health provisions {#sec-13-ncac-07f-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0202}

Subpart C -- General Safety and Health Provisions -- Personal protective equipment, 1926.28(a) is amended to read as follows: "(a) The employer is responsible for requiring the wearing of appropriate personal protective equipment (as described in 1926.28) in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees."

History

  • Authority G.S. 95-131; 150B-21.6
  • Recodified from 13 NCAC 07F .0201(1) Eff. December 17, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0203 occupational health and environmental controls {#sec-13-ncac-07f-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0203}

Subpart D -- Occupational Health and Environmental Controls:

Addition to 29 CFR 1926.54, Nonionizing radiation, after subpart (a) to read:

"(a1) This standard shall apply to all direct or reflected laser equipment except unmodified Class I equipment maintained in accordance with the manufacturer's recommendations. Class I equipment is defined as intrinsically safe lasers having less than 0.001 milliwatt power and lasers which cannot create eye damage if viewed accidentally or which present no direct ocular hazard, diffuse ocular hazard or fire hazards."

History

  • Authority G.S. 95-131; 150B-21.6
  • Recodified from 13 NCAC 07F .0201(2) Eff. December 17, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0204 Personal Protective and Life Saving Equipment {#sec-13-ncac-07f-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0204}

Subpart E --Personal Protective and Life Saving Equipment -- addition of (g) to 1926.104 Safety belts, lifelines, and lanyards, as follows:

"(g) Snaphooks shall be a locking type designed and used to prevent disengagement of the snaphook keeper by the connected member. Locking type snaphooks have self-closing, self-locking keepers which remain closed and locked until unlocked and pressed open for connection or disconnection."

History

  • Authority G.S. 95-131; 150B-21.6
  • Recodified From 13 NCAC 07F .0201(3) Eff. December 17, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0205 Steel erection {#sec-13-ncac-07f-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0205}

Subpart R—Steel Erection – additions and amendments to 29 CFR 1926.750 Scope, through 1926.754 Structural steel assembly, are applicable as follows:

"Section 1926.750 Scope:

(b)(1) Steel erection activities include hoisting, laying out, placing, connecting, welding, burning, guying, bracing, bolting, plumbing and rigging structural steel, steel joists, bridge steel girders and metal buildings; installing metal decking and moving point-to-point while performing these activities.

(b)(2) There may be activities that occur during and are part of steel erection where conventional fall protection methods may not offer adequate protection for employees. The employer shall establish and determine when to implement employee fall protection measures as described in 1926.760 or the more protective measures described in 1926.502 "Fall Protection Systems Criteria and Practices". Where non-traditional steel or iron workers (employees not meeting requirements of 1926.761(c)) are engaged in leading edge work activities six (6) feet or more above lower levels, those employees shall be protected from falling by guardrail systems, personal fall arrest systems or safety nets. Such leading edge work activities include off loading, stacking, laying out and fastening steel floor decking and metal and non-metal roof decking; positioning and securing exterior curtain walls, window walls, exterior siding systems; and moving from point to point while performing these activities.

1926.754(c)(1)Tripping hazards.

Employees shall be protected from falls due to tripping hazards created by shear connectors (including headed steel studs, steel bars or steel lugs), reinforcing bars, deformed anchors, or threaded studs attached to the top flanges of beams, joists or beam attachments. Such protection from falls may be accomplished by any of the following:

(1) Not welding or applying shear connectors that project vertically or horizontally across the top flange of a member until the metal decking or other walking/working surface is installed (field-installed shear connectors).

(2) Providing all employees that are exposed to falling hazards greater than six feet with a suitable fall protection system, as defined in 1926.32(s), including guardrail systems, personal fall arrest systems, or safety nets.

(3) Covering shop or pre-installed connectors that project vertically from or horizontally across the top flange of the member with a temporary decking, metal or wood box until the metal decking, or other walking/working surface, is installed or until final construction covers the shear connectors.

History

  • Authority G.S. 95-131; 150B-21.6
  • Recodified from 13 NCAC 07F .0201(4) Eff. December 17, 2007
  • Amended Eff. June 1, 2010
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0206 Power transmission and distribution {#sec-13-ncac-07f-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0206}

History

  • Status: repealed
  • Authority G.S. 95-131; 150B-21.6
  • Recodified from 13 NCAC 07F .0201(5) Eff. December 17, 2007
  • Repealed Eff. March 1, 2015.
13 NCAC 07F .0207 toxic and hazardous substances {#sec-13-ncac-07f-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0207}

Subpart Z -- Toxic and Hazardous Substances -- incorporation of the existing standard for Bloodborne Pathogens, 29 CFR 1910.1030, excluding subparagraph (e) HIV and HBV Research Laboratories and Production Facilities, into the Safety & Health Regulations for Construction at 29 CFR 1926.1130. Final rule as published in 56 FR (December 6, 1991) pages 64175 - 64182, including Appendix A -- Hepatitis B Vaccine Declination (Mandatory) -- with corrections as published in 57 FR (July 1, 1992) page 29206, and with the following revision to the definition of Occupational Exposure under subsection (b) Definitions:

"Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of collateral first aid duties by an employee in the areas of construction, alteration, or repair, including painting and decorating."

History

  • Authority G.S. 95-131; 150B-21.6
  • Recodified from 13 NCAC 07F .0201(6) Eff. December 17, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0301 Agriculture {#sec-13-ncac-07f-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0301}

The provisions for the Occupational Safety and Health Standards for Agriculture, Title 29 of the Code of Federal Regulations Part 1928, promulgated as of June 8, 2011, and exclusive of subsequent amendments, are incorporated by reference as modified or amended in 13 NCAC 07F .0302.

History

  • Authority G.S. 95-131; 150B-21.6
  • Eff. August 2, 1993
  • Amended Eff. August 24, 2006; May 30, 2006; July 1, 2003; July 1, 1998; September 1, 1996; April 1, 1995; November 1, 1994; August 1, 1994; September 24, 1993
  • Item Recodified to 13 NCAC 07F .0302 Eff. December 17, 2007
  • Amended Eff. October 31, 2011
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0302 General environmental controls {#sec-13-ncac-07f-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0302}

Subpart I - General Environmental Controls - 29 CFR 1928.110, Field Sanitation, the scope shall not be limited to any specific number of employees.

History

  • Authority G.S. 95-131; 150B-21.6
  • Recodified from 13 NCAC 07F .0301 Eff. December 17, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0401 General Requirements {#sec-13-ncac-07f-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0401}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0402 Definitions Applicable to This Standard {#sec-13-ncac-07f-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0402}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0403 Color Coding and Warning Signs for Physical Hazards {#sec-13-ncac-07f-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0403}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0404 Personal Protective Equipment {#sec-13-ncac-07f-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0404}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0405 Lighting {#sec-13-ncac-07f-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0405}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0406 Ventilation {#sec-13-ncac-07f-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0406}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0407 Cleaners and Solvents {#sec-13-ncac-07f-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0407}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0408 Ionizing Radiation {#sec-13-ncac-07f-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0408}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0409 General Requirements for All Machines and Equipment {#sec-13-ncac-07f-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0409}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0410 Cranes: Derricks: and Hoists {#sec-13-ncac-07f-.0410 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0410}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0411 Material Handling Devices {#sec-13-ncac-07f-.0411 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0411}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0412 Slings and Alloy-Steel Chains {#sec-13-ncac-07f-.0412 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0412}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0413 Mobile Equipment {#sec-13-ncac-07f-.0413 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0413}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0414 Jacks: Lever: Ratchet: Screw: and Hydraulic {#sec-13-ncac-07f-.0414 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0414}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0415 Portable Power and Hand Tools {#sec-13-ncac-07f-.0415 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0415}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0416 Electrical {#sec-13-ncac-07f-.0416 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0416}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0417 Handling and Storing Material {#sec-13-ncac-07f-.0417 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0417}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0418 Handling Material from a Railroad Car {#sec-13-ncac-07f-.0418 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0418}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0419 Unloading Material from a Truck {#sec-13-ncac-07f-.0419 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0419}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0420 Reaming and Drilling {#sec-13-ncac-07f-.0420 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0420}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0421 Riveting {#sec-13-ncac-07f-.0421 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0421}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0422 Bolting {#sec-13-ncac-07f-.0422 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0422}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0423 Manual Abrasive Blasting {#sec-13-ncac-07f-.0423 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0423}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0424 Painting {#sec-13-ncac-07f-.0424 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0424}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0425 Galvanizing and Pickling Operations {#sec-13-ncac-07f-.0425 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0425}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0426 Source of Standards {#sec-13-ncac-07f-.0426 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0426}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 1, 1998; May 1, 1994
  • Repealed Eff. December 1, 2010.
13 NCAC 07F .0501 Shipyard Employment {#sec-13-ncac-07f-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0501}

(a) The provisions for the Occupational Safety and Health Standards for Shipyard Employment, Title 29 of the Code of Federal Regulations Part 1915 promulgated as of October 4, 2021, and exclusive of subsequent amendments, are incorporated by reference.

(b) The provisions of 29 CFR 1915 shall apply only to public sector employees of local governments or of the State of North Carolina.

History

  • Authority G.S. 95-131; 150B-21.6
  • Eff. December 1, 1993
  • Amended Eff. June 18, 2013; February 5, 2013; June 11, 2012; October 31, 2011; July 1, 2010; October 15, 2009; April 23, 2009; February 13, 2008; May 2, 2007; November 22, 2006; May 30, 2006; April 14, 2005; March 14, 2005; July 1, 2003; February 22, 1999; October 8, 1998; July 1, 1998; October 15, 1997; March 7, 1997; February 11, 1997; September 1, 1996; January 1, 1996; September 6, 1995; May 1, 1995; February 1, 1995
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. September 1, 2022; February 1, 2021; September 23, 2020; February 14, 2020; October 7, 2019; July 1, 2017; September 2, 2016.
13 NCAC 07F .0502 Marine Terminals {#sec-13-ncac-07f-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0502}

(a) The provisions of the Occupational Safety and Health Regulations for Marine Terminals, Title 29 of the Code of Federal Regulations Part 1917, published in the Federal Register on or before April 28, 2026, and exclusive of subsequent amendments are incorporated by reference.

(b) The provisions of 29 CFR 1917 shall apply only to public sector employees of local governments or of the State of North Carolina.

History

  • Authority G.S. 95-131; 150B-21.6
  • Eff. December 1, 1993
  • Amended Eff. October 8, 2014; February 5, 2013; October 31, 2011; October 15, 2009; April 23, 2009; February 13, 2008; May 30, 2006; July 1, 2003; December 7, 2000; February 22, 1999; July 1, 1998; October 15, 1997; November 1, 1994; August 1, 1994
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. July 1, 2026; September 2, 2016.
13 NCAC 07F .0601 Scope and Application {#sec-13-ncac-07f-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0601}

(a) The rules in this Section contain requirements for policies, procedures, and safe work practices to protect employees throughout North Carolina from the hazards of working on communication towers during construction, alteration, repair, operation, inspection, and maintenance activities.

(b) A communication tower is defined as any tower over six feet in height that is used primarily as an antenna or to host one or more antennas. Where the communication tower is affixed to another structure, such as an electrical transmission tower, church steeple, building rooftop, or water tower, the applicable part of any controlling regulation for protection of employees (e.g., 29 CFR 1910.268, 29 CFR 1910.269 and 29 CFR 1926 Subpart V for transmission towers) shall apply up to the point of access to the communication tower. Thereafter, the provisions of this Section shall apply.

(c) The rules in this Section shall not apply to communication towers that are mounted on motor vehicles.

History

  • Authority G.S. 95-131
  • Eff. February 1, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0602 Definitions {#sec-13-ncac-07f-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0602}

In addition to the definitions set forth in 29 CFR Part 1910 and 29 CFR Part 1926, the following definitions apply throughout the rules in this Section:

(1) Acceptable Conditions for Access mean the conditions that must exist before the employer grants permission for construction, alteration, repair or maintenance work to be performed on a communication tower. These conditions include the following:

(a) Work under the control of a work safety program meeting the requirements of the Rules in this Section; and,

(b) Work where an accumulation of snow, ice or other slippery material is not present, except as necessary for the inspection or removal of such material;

(c) Notwithstanding the prohibitions outlined in Sub-item (1)(b) of this Rule, if tower emergency maintenance work must be performed where there is an accumulation of snow, ice or other slippery material, the employer shall implement safe work practices (equipment, practices and procedures) that address the hazards known to be associated with tower work to minimize the associated risk to employees while working on the tower structure and the support structure to which it is affixed, where applicable.

(2) Climbing Facility means a component specifically designed or provided to permit access to the tower structure, such as a fixed ladder, step bolt, or other structural member.

(3) Competent Person means a person who is trained to identify existing and predictable hazards in the surroundings or working conditions that are hazardous or dangerous to employees, and who has authorization from his employer to take prompt corrective measures to eliminate them, including halting the work as required by the rules in this Section.

(4) Elevated (High Angle) Rescue means the process by which methods and equipment are utilized in order to gain access to and egress from the location of an injured employee(s) on the tower structure, and lower both the injured employee(s) and the rescuer(s) to the ground safely.

(5) Fall Protection Equipment means the personal equipment that employees utilize in conjunction with 100% fall protection systems, including connectors, body belts or body harnesses, lanyards and deceleration devices.

(6) Ladder Safety System means an assembly of components whose function is to arrest the fall of a user, including the carrier and its associated attachment elements (e.g., brackets, fasteners), the safety sleeve, and the body support and connectors, wherein the carrier is permanently attached to the climbing face of the ladder or immediately adjacent to the structure.

(7) One-Hundred Percent (100%) Fall Protection means each employee exposed to fall hazards above six (6) feet while ascending, descending, or moving point to point, must be protected by fall protection, as described in 13 NCAC 07F .0605(c), at all times.

(8) Qualified Climber means a person who has, by virtue of knowledge, training, and experience, been deemed qualified in writing by his employer to perform tower work.

(9) Qualified Person means a person possessing a degree, certificate, professional standing, or knowledge, training, and experience in the field of communication tower work, and who has demonstrated to his employer his ability to resolve problems relating to the subject matter, the work, or the project.

(10) Safety Sleeve means the part of a ladder safety system consisting of the moving component with locking mechanism that travels on the carrier and makes the connection between the carrier and the body support.

(11) Site means the communication tower and the surrounding land or property where tower work is being performed.

(12) Step Bolt means a bolt or rung attached at intervals along a structural member and used for foot placement during climbing or standing.

(13) Tower Construction means the building of a new tower or structure, or the installation of new equipment on an existing tower or structure.

(14) Tower Emergency Maintenance Work means the repair, restoration or replacement of any pre-existing device installed on the tower in the interest of public safety, such as, aviation signaling devices and equipment used to transmit or receive broadcast signals.

(15) Tower Inspection means the procedure in which an employee(s) climb(s) or ride(s) the structure's elevator to visually inspect the tower for potential problems, and test for tower plumbness and guy cable tension.

(16) Tower Maintenance Work means the replacement in kind of any device on an existing tower, the repair of existing equipment, and painting.

History

  • Authority G.S. 95-131
  • Eff. February 1, 2005
  • Amended Eff. December 1, 2006
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0603 Employer Responsibilities {#sec-13-ncac-07f-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0603}

(a) The employer shall require employees to adhere to acceptable conditions for access, as defined by 13 NCAC 07F .0602(1), prior to climbing the tower at heights above six feet.

(b) The employer shall ensure that at least two employees, including at least one competent person, are on site at all times when employees are exposed to fall hazards above six feet, provided however, an employer shall not be required to have more than two employees on site at any given time.

(c) A competent person shall visually inspect the tower base for damage, deterioration, structural deficiencies and functionality of safety features and anchorages before employees are allowed to climb the tower at heights above six feet. Additionally, the employer shall ensure that the tower is visually inspected for these items, as it is ascended, to the elevation point where work is being performed.

History

  • Authority G.S. 95-131
  • Eff. February 1, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0604 Hazard Identification and Assessment {#sec-13-ncac-07f-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0604}

(a) In addition to the inspections required by 13 NCAC 07F .0603(c) and 13 NCAC 07F .0605(b), the employer shall conduct a hazard assessment to identify, assess, and control employee exposure to hazards as required by the rules in this Section and any other applicable state or federal statutes, rules or regulations.

(b) The employer shall perform and document the hazard assessments required by this Rule:

(1) Initially and daily for each site prior to permitting employees to climb the structure; and

(2) When safety and health information or change in workplace conditions indicates that a new or increased hazard may be present.

(c) The hazard assessments required by this Rule shall:

(1) Be performed by a competent person;

(2) Evaluate new equipment, materials, and processes for hazards before they are introduced into the workplace; and

(3) Identify meteorological conditions that could affect work at heights above six feet on a tower, such as wind, rain, snow or ice.

(d) If hazards are identified, the employer shall assess the severity of identified hazards and implement means to control such hazards, including providing employees with personal protective equipment (PPE) designed to control the identified hazards and ensuring the proper use of the PPE by the employees.

History

  • Authority G.S. 95-131
  • Eff. February 1, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0605 Fall Protection {#sec-13-ncac-07f-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0605}

(a) General. Prior to employees climbing the tower at heights above six feet, the employer shall ensure that 100% fall protection systems compatible with the tasks assigned are provided, used, and maintained. The rules in this Section shall not require the retrofitting of communication towers; provided, that employees who are exposed to fall hazards above six feet while performing work on communication towers are protected from such hazards by means of a 100% fall protection system.

(b) Pre-Climb Planning and Inspection. In addition to the criteria for pre-climb planning and inspection included in Paragraph (g) of this Rule, the employer shall ensure that the following items occur prior to employees climbing the tower at heights above six (6) feet:

(1) All climbing jobs shall be planned by a competent person;

(2) All climbing facilities shall be visually inspected daily at the tower base by a competent person for rust, corrosion, deterioration, or other hazards. Additionally, the employer shall ensure that the climbing facilities are visually inspected for these items, as it is ascended, to the elevation point where work is being performed. If any such hazard is identified during this inspection, employees shall not use the climbing facility until such hazards are abated;

(3) A competent person shall ensure that all fall protection equipment is inspected prior to each use for wear, damage, defect or other deterioration by employees who have been trained in accordance with 13 NCAC 07F .0609. Defective equipment shall be identified as defective and immediately removed from service;

(4) Components of a fall protection system and the fall protection equipment utilized by employees shall be compatible with one another and shall be utilized in accordance with the manufacturer's recommendations; and

(5) The employer shall ensure that the planning and inspections are performed and documented. The documentation shall be maintained on site while work is being performed, and thereafter by the employer at its place of business. The documentation shall include the date of the planning and inspection, the name of the competent person performing the planning and inspection, and the site location.

(c) Fall Protection Systems. In order to comply with the requirements of Subparagraph (a)(1) of this Rule, the employer may permit employees to utilize the 100% fall protection systems described in Paragraphs (d) through (g) of this Rule. If the fall protection systems described therein are not present on the tower, the employer shall not permit employees to climb the tower at heights above six feet unless:

(1) an alternative means of 100% fall protection is utilized that is at least as effective as the fall protection systems described in Paragraphs (d) through (g) of this Rule;

(2) an alternative means of access to the work area is utilized such as an aerial lift or elevated work platform; or

(3) the employer can demonstrate that the requirements for a fall protection plan under Paragraph (i) of this Rule have been met.

(d) Guardrail Systems. The employer shall ensure that guard rail systems and their components that are utilized by employees as a means of 100% fall protection conform to the criteria in 29 CFR 1926.502(b).

(e) Personal Fall Arrest Systems (PFAS). The employer shall ensure that personal fall arrest systems and their components that are utilized by employees as a means of 100% fall protection conform to the criteria in 29 CFR 1926.502(d), and are utilized according to the manufacturer's recommendations. When utilized by employees as an anchorage as part of a PFAS, the employer shall ensure that step bolts and the attachment point to the structure are designed to meet the requirements of an approved anchorage in accordance with 29 CFR 1926.502(d), and are designed to ensure the connector will not slip off the end of the step bolt.

(f) Positioning Device System. The employer shall ensure that positioning device systems and their components that are utilized by employees as a means of 100% fall protection conform to the criteria in 29 CFR 1926.502(e).

(g) Ladder Safety Systems. The employer shall ensure that, in addition to the applicable criteria in 29 CFR 1926, Subpart X, ladder safety systems and related support systems for fixed ladders that are utilized by employees as a means of 100% fall protection conform to the following criteria:

(1) Prior to climbing the structure, the employer shall ensure that the employee(s) have tested the ladder safety system for proper operation and that all components utilized with the ladder safety system are compatible;

(2) To perform the test required by Subparagraph (g)(1) of this Rule, the employee(s) shall:

(A) Approach the ladder at the base and connect to the functional safety climb system;

(B) Climb to a height less than six feet;

(C) Forcibly engage the device without letting go of the ladder;

(D) If the device functions as intended, the employee(s) shall begin the ascension;

(E) If the device does not function properly, the employee(s) shall immediately descend the structure and shall not utilize the device until it functions properly; and

(3) If a ladder is obstructed, inhibiting the effective use of the ladder safety system, an alternative means of 100% fall protection shall be utilized that is at least as effective as the types of fall protection described by this Rule.

(h) Fall Protection Plan. This Paragraph applies when employees are working on a structure where no adequate tie-off anchorage point(s) exist, the fall protection systems described in Paragraph (c) of this Rule are not feasible or create a greater hazard, and the work can not be completed utilizing an alternative means of access to the work area such as an aerial lift or elevated work platform. If an employer demonstrates the foregoing conditions are present, then in addition to the criteria in 29 CFR 1926.502(k), the employer shall conform to the following provisions:

(1) The employer shall ensure that each employee under the fall protection plan has been trained as a qualified climber;

(2) The fall protection plan shall be made available and communicated to exposed employee(s) prior to the employee(s) beginning work, and such communication shall be documented; and

(3) The fall protection plan shall identify each location on the tower structure where fall protection methods as described in Paragraph (c) of this Rule cannot be used. As soon as adequate tie-off anchorage points or other fall protection systems can be established, the employer shall utilize any of the fall protection systems described in Paragraph (c) of this Rule.

(i) Emergency and Rescue Procedures.

(1) The employer shall establish procedures for rescue of employees in the event of an emergency, which shall include whether the employer will designate its own employees to perform the rescue procedures or whether the employer will designate a third-party to perform the rescue procedures. The procedures shall be documented and available for review by the Deputy Commissioner of Labor for Occupational Safety and Health or his designee, upon request.

(2) Employer to Perform Rescue Procedures. An employer whose employees have been designated to provide elevated (high angle) rescue and emergency services shall take the following measures:

(A) Ensure at least two trained and designated rescue employees are on site when employees are working at heights over six feet on the tower, provided however, where there are only two employees on site, then an employer may comply with the requirements of this Part if one employee is a trained and designated rescue employee and one employee has been employed for less than nine months and has received documented orientation from the employer outlining steps to take in an emergency;

(B) Ensure that personal protective equipment (PPE) and high angle rescue equipment needed to conduct elevated rescues are provided, used and maintained by the designated rescue employees;

(C) Train designated rescue employees so they are proficient in the use and maintenance of PPE and high angle rescue equipment needed to conduct elevated rescues; and

(D) Train designated rescue employees to perform assigned rescue duties to ensure that they become competent to perform such duties, including conducting simulated rescue operations at least once every 12 months.

(3) Third-Party to Perform Rescue Procedures. An employer who designates a third-party rescue and emergency service to provide elevated (high angle) rescue and emergency services shall take the following measures:

(A) Obtain verification from the third-party rescue team or service that it is able to respond to a rescue summons in a timely manner;

(B) Obtain verification from the third-party rescue team or service that it is proficient with rescue-related tasks and equipment as they relate to rescuing climbers from elevated heights on communication structures;

(C) Select a rescue team or service from those evaluated that has verified it has the capability to reach the victim(s) and is equipped for and capable of performing the needed rescue services;

(D) Provide the selected rescue team or service with contact information regarding all towers/structures from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations as it deems necessary; and

(E) Inform the selected rescue team or service, prior to the first day on which employee(s) perform work at heights over six feet on the tower, of the site and location of the tower(s) to be climbed; the hazard(s) identified on the site; the number of employees that will climb the tower(s); the height(s) at which employee(s) will be working; the name(s) and telephone number(s) for any employer contact(s); and, any other information that is requested by the rescue team or service.

(j) First Aid/CPR Training and Supplies. In addition to the requirements of 29 CFR 1910.151 and 29 CFR 1926.50, the employer shall ensure that at least two employees on site are trained and hold current certifications in basic first aid and cardiopulmonary resuscitation (CPR) issued by the American Red Cross or any other organization whose standards are equivalent to the American Red Cross; provided, however, where there are only two employees on site, then an employer may comply with the requirements of this Paragraph if one employee is trained and holds current certifications in basic first aid and CPR and one employee has been designated by the employer as a probationary employee and has been employed for less than six months.

History

  • Authority G.S. 95-131
  • Eff. September 2, 2005
  • Temporary Amendment Eff. October 31, 2006
  • Amended Eff. February 1, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0606 Non-Ionizing Radiation {#sec-13-ncac-07f-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0606}

(a) General. Employers shall ensure that employees performing work on communication towers are not exposed to Radio Frequency (RF) Electromagnetic Fields in excess of the Federal Communications Commission (FCC) maximum permissible exposure (MPE) limits for exposure as prescribed in 47 CFR 1.1310.

(b) Protection from Radiation Exposure.

(1) Employees shall not enter areas where RF exposure levels are above the general population/uncontrolled MPE's described in 47 CFR 1.1310 unless they understand the potential for exposure and can exercise control over the exposure.

(2) Control Procedures. Prior to employees performing work in areas on a communication tower where RF exposure levels exceed the occupational/controlled MPE values stated in 47 CFR 1.1310, the employer shall enact and enforce written control procedures that provide for the reduction, elimination, avoidance or protection from such RF levels. These written control procedures shall include the following:

(A) Reducing the transmitter power to a level that ensures RF exposure levels in areas where employees are working do not exceed the occupational/controlled MPE values stated in 47 CFR 1.1310, and that the transmitter power level is not increased until all employees have ceased working in those areas. If this method is chosen, the transmitter power shall be locked out and tagged out at the reduced level by a competent person in accordance with 29 CFR 1910.147. Prior to removing lock out/tag out devices and restoring the original transmitter power level, all employees shall be notified and the work area shall be checked to ensure that all employees have been safely positioned and removed;

(B) If the transmitter power level in areas where employees are working cannot be reduced and maintained at a level that ensures RF exposure levels do not exceed the occupational/controlled MPE values stated in 47 CFR 1.1310, the transmitter power shall be locked out and tagged out by a competent person in accordance with 29 CFR 1910.147. Prior to removing lock out/tag out devices and restoring the transmitter power level, all employees shall be notified and the work area shall be checked to ensure that all employees have been safely positioned and removed;

(C) If the transmitter power level can not be reduced or eliminated, an employer may permit its employees to access areas where the occupational/controlled MPE values stated in 47 CFR 1.1310 are exceeded if it implements engineering or administrative controls that comply with the FCC's regulations concerning such exposure, including limiting the duration of the exposure and utilizing monitoring equipment, RF protective clothing and other related PPE; or

(D) If an employer cannot ensure that the conditions in Parts (A), (B) or (C), of this Subparagraph, are met, employees shall not be permitted to access areas where RF exposure levels exceed the occupational/controlled MPE values stated in 47 CFR 1.1310.

(c) Use of Controls. Prior to commencing work on a communication tower, a competent person shall assess potential RF hazards of areas which may be accessed by employees in the course of their work, and post temporary signage to indicate areas where the RF hazard exceeds the general population/uncontrolled MPE limits for exposure set forth in 47 CFR 1.1310. Temporary signage shall remain in place while work is performed and the hazard exists.

(d) RF Safety Program. When employees are exposed to RF fields in excess of the general population/uncontrolled MPE limits established in 47 CFR 1.1310 as a consequence of their employment, the employer shall develop, implement, and maintain a written safety and health program with site specific procedures and elements based on the electromagnetic radiation hazards present, in accordance with 13 NCAC 07F .0609(g).

History

  • Authority G.S. 95-131
  • Eff. July 28, 2006
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0607 Hoists and Gin Poles {#sec-13-ncac-07f-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0607}

(a) Hoists. Hoists used during the construction, alteration, repair, maintenance, or demolition of communication towers shall meet the following requirements:

(1) All hoists shall meet the requirements set forth in this rule, 29 CFR 1910, Subpart N, and 29 CFR 1926, Subpart N, where applicable.

(2) All hoists shall meet applicable requirements for design, construction, installation, testing, inspection, maintenance, and operation as prescribed by the manufacturer, or a licensed professional engineer.

(3) Employers shall maintain at the work site the operating manual developed by the manufacturer for the specific make and model hoist being used, as well as documentation for any inspection, testing, and operator training certification required by the rules in this Section,

(4) An employer shall not operate or permit to be operated a hoist that the employer knows, or reasonably should know, will expose his employee(s) to an unsafe condition which is likely to result in personal injury or property damage.

(b) Gin Poles.

(1) Rigging Equipment.

(A) Wire rope, slings, chains, shackles, turnbuckles, links, hooks, sheaves, rotating rooster heads, blocks, and hoists, used in a gin pole lifting arrangement shall meet the manufacturer's safe working load limits. In addition, each component shall have a nominal breaking strength of no less than five times the static load applied. Consideration for end fitting losses and actual positioning of connecting parts shall be given;

(B) Lugs or other devices for lifting or attaching the gin pole in position shall be designed with load and resistance factors appropriate for their intended use;

(C) Only alloy chains marked by the manufacturer with an 8, T, or an A, rated for lifting, shall be used;

(D) Only quenched and tempered hooks and shackles shall be used. The manufacturer's load rating shall be stamped on the product; and

(E) The breaking strength of the sheave shall equal or exceed the breaking strength of the wire rope intended for the sheave.

(2) Gin Pole Use.

(A) A user's gin pole load chart shall be provided for each pole;

(B) Any special engineered pick, which is outside of the load chart, shall only be allowed at the direction of a licensed professional engineer. Monitoring and measuring conditions, as specified by a licensed professional engineer, shall be provided and used during all special engineered picks;

(C) Modifications or repairs of a gin pole shall be made with like or similar materials to meet or exceed the original specifications. Modifications or repairs shall be recertified by a licensed professional engineer; and

(D) There shall be a mechanism in place to prevent the gin pole from tipping during the jumping process.

(3) Wire Rope. Wire rope used for rigging shall be as follows:

(A) Compatible with the sheaves of the rooster head and hoisting blocks;

(B) Lubricated in accordance to manufacturer specifications to prevent corrosion and wear;

(C) End connections shall be terminated per industry and manufacturer's specifications;

(D) Wedge sockets shall have a minimum tail length of one rope lay with a properly torqued clip attached to prevent accidental disengagement; and

(E) Flemish eyes shall contain heavy duty thimbles of appropriate size for the wire rope diameter, and shall have a minimum tail length of one rope lay secured with a properly torqued clip at its end.

(4) Inspections.

(A) Gin poles shall have a documented inspection annually by a qualified person;

(B) In addition to the annual inspection, the employer shall designate a competent person who shall visually inspect the gin pole and rigging prior to each use, and during use, to make sure it is in safe operating condition. Any deficiencies shall be repaired before use continues;

(C) During each inspection, the qualified or competent person shall inspect the legs and bracing members for bends or distortion;

(D) During each inspection, the qualified or competent person shall inspect the straightness tolerances for the overall assembly (including leg and bracing members);

(E) During each inspection, the qualified or competent person shall visually inspect the welds for quality, deformation, cracks, rust, or pitting or loss of cross sectional area;

(F) During each inspection, the qualified or competent person shall inspect the members for excessive rust or pitting or loss of cross sectional area;

(G) During each inspection, the qualified or competent person shall inspect the sling attachment points for distortion, wear, cracks, and rust;

(H) During each inspection, the qualified or competent person shall ensure that proper bolts are utilized and all associated hardware is in good condition;

(I) During each inspection, the qualified or competent person shall inspect side plates on rooster heads for distortion or other damage;

(J) During each inspection, the qualified or competent person shall inspect all attachment hardware, including rigging and parts such as cables, slings, and sling attachment points, shackles, hooks, and sockets for wear, distortion, cracks, and rust; and

(K) During each inspection, the qualified or competent person shall ensure that all problems identified during the inspection are corrected before placing the gin pole into service.

History

  • Authority G.S. 95-131
  • Eff. April 1, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0608 Record Keeping {#sec-13-ncac-07f-.0608 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0608}

In order to fulfill responsibilities under the provisions of the rules in this Section, the employer shall, upon request, provide the Deputy Commissioner of Labor for Occupational Safety and Health or his designee access to the following records:

(1) Training Records. All material related to the employer’s training and education program, pursuant to 13 NCAC 07F .0609.

(2) Medical Records and Non-Ionizing Radiation Exposure Records. All medical records (in accordance to 29 CFR 1910.1020(d)(1)(i)) and material related to each analysis using exposure or medical records (in accordance with 29 CFR 1910.1020(d)(1)(iii).

(3) Equipment Inspections and Testing Records. All material related to the modification, repair, test, calibration or maintenance service of all equipment.

History

  • Authority G.S. 95-131
  • Eff. February 1, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0609 Training {#sec-13-ncac-07f-.0609 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0609}

(a) In order for employees to work at heights above six feet on a communication tower, they must be approved for such work by a qualified person.

(b) Competency of the Trainer. Training of employees in communication tower work shall be performed by or under the supervision of a qualified person.

(c) Written Work Procedures.

(1) The employer's written work procedures shall be provided to employees as part of their training.

(2) Pictures and symbols may be used as a means of instruction if employee understanding is improved using this method.

(3) Manufacturers' operating manuals for personnel hoisting systems satisfy the requirement for operating procedures for the respective equipment, or can serve as the basis for these procedures.

(d) Hazardous Materials Training. Employees required to handle or use flammable liquids, gases, or toxic materials shall be instructed in the safe handling and use of these materials and made aware of the specific requirements contained in 29 CFR 1926.55 and 29 CFR 1910.1200, as applicable.

(e) Fall Protection Training.

(1) The employer shall provide a training program for each employee who might be exposed to fall hazards.

(2) The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.

(3) The employer shall ensure that each employee has been trained by or under the supervision of a qualified person in the following areas:

(A) The nature of fall hazards in the work area;

(B) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used;

(C) The correct procedures for inspecting fall protection equipment for wear, damage, defect or deterioration.

(D) Climbing safety procedures;

(E) The use and operation of the fall protection systems utilized by the employer, as described in 13 NCAC 07F .0605(c);

(F) The role of each employee in any safety monitoring system being used;

(G) The correct procedures for the handling and storage of equipment and materials and the erection of overhead protection;

(H) The role of employees in fall protection plans; and

(I) The compatibility of fall protection equipment and fall protection systems.

(f) Hoist Operator Training. The employer shall maintain documentation that the hoist operator has practical training on the hoist he is operating. Training of hoist operators shall meet the requirements of 29 CFR 1910.179 and 29 CFR 1926, Subpart N.

(g) RF Training.

(1) All employees exposed in excess of the general population/uncontrolled MPE limits stated in 47 CFR 1.1310 shall receive RF hazard awareness training by or under the supervision of a qualified person in the following areas:

(A) MPE Limits for occupational/controlled exposure;

(B) Recognition of RF exposure sources in communication tower work;

(C) Proper use and interpretation of RF exposure;

(D) Work procedures to avoid excessive RF exposure;

(E) Proper use of RF protective clothing and other related PPE;

(F) Symptoms and health issues related to RF exposure; and,

(G) RF exposure first-aid procedures.

(2) Employers shall ensure that each affected employee who works in an electromagnetic energy environment with potential RF exposure in excess of the general population/uncontrolled MPE limits stated in 47 CFR 1.1310 has access to and understands the specific site information related to the RF energy and RF fields present at each individual site.

(h) Retraining. Unless stated otherwise in this Rule, when the employer or qualified person has reason to believe that any employee who has already been trained does not have the understanding and skill required to safely perform the work assigned, the employer shall retrain each such employee. Circumstances where retraining is required include situations where:

(1) Changes in the workplace render previous training obsolete;

(2) Changes in the types of fall protection systems or equipment to be used render previous training obsolete; or

(3) Inadequacies in an employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

(i) Training Records.

(1) The employer shall certify that each employee has been trained by preparing a certification record which includes:

(A) The identity of the person trained;

(B) The signature of the employer or the qualified person who conducted the training; and

(C) The date that training was completed.

(2) A copy of the training lesson plan for each topic of instruction shall be maintained by the employer.

(3) The certification record shall be prepared at the completion of the training required by this Rule and shall be maintained for the duration of the employee's employment.

(4) The most current certification record shall be kept available for review by the Deputy Commissioner of Labor for Occupational Safety and Health or his designee, upon request.

(5) An employer may accept training records or certificates for previous training if the employer verifies that all training and knowledge is current and applicable to the new employee's job duties.

History

  • Authority G.S. 95-131
  • Eff. February 1, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0701 Blasting and use of explosives {#sec-13-ncac-07f-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0701}

The provisions of Subpart U of Title 29, Part 1926 of the Code of Federal Regulations promulgated as of March 7, 2005, and exclusive of subsequent amendments, are incorporated by reference except as modified or amended in 13 NCAC 07F .0701 through .0716.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0702 Definitions {#sec-13-ncac-07f-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0702}

Additions and amendments to 29 CFR 1926.914 Definitions apply throughout the Rules in this Section as follows:

(a) "American Table of Distances" (also known as Quantity Distance Tables) – the current edition of the American Table of Distances for Storage of Explosives approved by the Institute of the Makers of Explosives.

(b) "Approved storage facility" means – A facility for the storage of explosive materials conforming to the requirements of the Rules in this Section and covered by a license or permit issued under authority of the Bureau of Alcohol, Tobacco and Firearms. (See 27 CFR Part 55.)

(c) "Blast area" – The area within the influence of flying debris, gases, and concussion from an explosion that may cause injury to property or persons.

(e) "Blasting agent" – A blasting agent is a mixture consisting of a fuel and oxidizer used for blasting where the finished (mixed) product cannot be detonated with a No. 8 test blasting cap when confined.

(j) "Detonator" – Blasting caps, electric blasting caps, electric delay blasting caps, and non-electric delay blasting caps.

(k) "Electric detonator" – A detonator designed for and capable of detonation by means of an electric current.

(l) "Electric blasting circuitry"

(1) Bus wire. – An expendable wire, used in parallel or series, in parallel circuits, to which are connected the leg wires of electric detonators.

(2) Connecting wire. – An insulated expendable wire used between electric detonators and the leading wires or between the bus wire and the leading wires.

(3) Lead wire. – An insulated wire used between the electric power source and the electric detonator circuit.

(4) Permanent firing line. – A permanently mounted insulated wire used between the electric power source and the electric detonator circuit.

(m) "Electric delay detonators" – Detonators designed to detonate at a predetermined period of time after energy is applied to the ignition system.

(n) "Explosives"

(1) Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion; that is, with substantially instantaneous release of gas and heat, unless such compound, mixture or device is otherwise specifically classified by the U.S. Department of Transportation (USDOT).

(2) Any material designated as a Class 1 Explosive by the USDOT. Under the USDOT classification system, Class 1 materials are divided into the following six divisions:

Division 1.1 - Mass exploding (Formerly Class A)

Division 1.2 - Projection hazard (Formerly Class A or B)

Division 1.3 - Fire hazard, minor blast or projection hazard (Formerly Class B)

Division 1.4 - Minor explosion hazard, not mass detonating (Formerly Class C)

Division 1.5 - Insensitive explosives, very little probability of initiation or transition from burning to detonation during transport. (Formerly Blasting Agent).

Division 1.6 - Insensitive articles which do not mass detonate. (No commercial explosives in this division)

(p) "Magazine" – Any container, building or structure, other than an explosives manufacturing building, used for the storage of explosives.

(s) "Non-electric delay detonator" – A detonator with an integral delay element in conjunction with and capable of being detonated by a detonation impulse or signal from miniaturized detonating cord or shock tube.

(v) "Safety fuse" – A flexible cord containing an internal burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing detonators.

(x) "Stemming" – An inert incombustible material or device used to confine or separate explosives in a drill hole, or to cover explosives in mud-capping.

(z) "Water-based explosives" – Explosive materials that contain substantial quantities of water in their formulation. They may be bulk or packaged products and may be cap sensitive or non cap sensitive (blasting agents). Examples of water-based explosives include emulsions, slurries and water gels.

(bb) "Appropriate authorities" or "Authorities having jurisdiction" – local, State and federal law enforcement authorities required to be notified by law or permit or the Rules in this Section.

(cc) "Blaster-in-Charge" – The person who meets the qualifications contained in §1926.901 and who is authorized to oversee the blasting operations and to use explosives for blasting purposes.

(dd) "Blast site" – The area where explosive material is handled during loading, including the perimeter formed by loaded blast holes, and 50 feet (15.2 meters) in all directions from loaded holes. A minimum distance of 30 feet (9.1 meters) may replace the 50 feet (15.2 meters) if the perimeter of loaded holes is demarcated with a barrier. The 50 feet (15.2 meters) and alternative 30 feet (9.1 meters) requirements also apply in all directions along the full depth of the holes. In underground mines, 15 feet of solid rib or pillar may be substituted for the 50 feet distance.

(ee) "Shock tube" – A small diameter plastic tube used for initiating detonators. Shock tube contains a limited amount of reactive material so that the energy transmitted through the tube by means of detonation wave is guided through, and confined within, the walls of the tube.

(ff) "Blasting operation" – Any work or activities associated with the use of explosives on a blast site.

(gg) "Attended" – Presence of an individual or continuous monitoring to prevent unauthorized entry or access.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0703 General Provisions {#sec-13-ncac-07f-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0703}

Additions and amendments to 29 CFR 1926.900 General Provisions apply throughout the Rules in this Section as follows:

(a) The employer shall permit only persons qualified pursuant to §1926.901 to handle and use explosives. A blaster shall be in charge of each blasting operation; hereafter, referred to as the Blaster-in-Charge.

(b) Smoking, firearms, sparks, open flame or heat producing devices shall be prohibited where explosives are being stored, handled, transported or used. Exception: This does not apply to devices specifically designed to initiate detonation, which by their nature produce heat or sparks.

(c) See 1926.901(b).

(d) All explosives shall be accounted for at all times. Explosives not being used and not attended shall be kept in a magazine or container that meets the U.S. Bureau of Alcohol, Tobacco and Firearms (hereafter, ATF) storage and access requirements contained in 27 CFR Part 55, which is incorporated herein by reference, including any subsequent amendments and editions. Each employer shall maintain an inventory and use record of all explosives in that employer's possession. The employer, or employer authorized person, shall comply with all applicable local, State and federal laws and regulations requiring notification of any loss, theft, or unauthorized entry into a magazine or container.

(g) Original containers, ATF Type 2, Type 3, Type 4 or Type 5 magazines or Institute of Makers of Explosives (hereafter, IME) - 22 containers, shall be used for taking detonators and other explosives from storage magazines to the blast site.

(h) In proximity to people, a structure, railway, highway or any other installation, the blaster shall take additional precautions to control the throw of fragments and to prevent bodily injury to employees and people not working directly on the blasting operation. Such additional precautions shall be taken in the loading, delaying, initiation and confinement of each blast and shall include confinement with mats or with mats and other methods.

(i) All blast site employees shall follow the directions of the Blaster-in-Charge. All blast site employees shall use and adhere to every precaution to ensure employee safety including, but not limited to, visual and audible warning signals, flags, or barricades.

(k) Precautions shall be taken to prevent accidental discharge of electric detonators from current induced by radar, radio transmitters including 2-way radios and mobile telephones, lightning, adjacent powerlines, dust storms, or other sources of extraneous electricity. These precautions shall include:

(1) See Section 1926.906(a) and (b).

(2) At the approach and progress of an electric storm, blasting operations shall be suspended and personnel removed to an area safe from concussion (shock wave), flying material, or gases from an explosion.

(3) (i) The prominent display of adequate signs, warning against the use of mobile radio transmitters, (e.g., telephones and 2-way radios) on all roads within 1,000 feet of electric blasting operations. If adherence to the 1,000-foot distance would create an operational handicap, then a competent person (as defined in 29 CFR 1926 Subparts L and P) shall be consulted to evaluate the particular situation, and alternative provisions may be made which are designed to prevent any premature firing of electric detonators. A description of any such alternatives shall be reduced to writing and shall be certified by the competent person consulted as meeting the purposes of this subdivision. The description shall be maintained at the construction during the duration of the work, and shall be available for inspection by representatives of the Commissioner of Labor.

(ii) Examples of signs which would meet the requirements of paragraphs (i) and (k)(3) of this section are the following:

BLASTING TURN OFF

ZONE 2-WAY

1000 FT RADIO

About 48" x 48" About 42" x 36"

(4) Ensuring that mobile transmitters including telephones and 2-way radios which are less than 100 feet away from electric detonators, in other than original containers, shall be de-energized and effectively prevented from operating, (e.g., locked);

(5) The Blaster-in-Charge shall comply with the recommendations of IME with regard to blasting in the vicinity of radio transmitters as stipulated in Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Commercial Electric Detonators (Blasting Caps), IME Safety Library Publication No. 20, 2000, which is incorporated herein by reference, including any subsequent amendments and editions.

(l) Empty boxes and associated paper and fiber packing materials, which have previously contained explosives, shall not be used for any purpose, other than that associated with the blasting operation. Such boxes, paper and packing materials shall be disposed of in a manner that prevents reuse and does not constitute a hazard. Disposal may include but shall not be limited to burning. The method used for disposal shall comply with all applicable local, State or federal laws.

(n) Delivery and issue of explosives shall only be made by and to authorized persons (as defined in 27 CFR Part 55) and into magazines or temporary storage or handling areas that meet the ATF storage requirements contained in 27 CFR Part 55.

(o) Blasting operations in the proximity of overhead power lines, communication lines, utility services, or other services and structures shall not commence until the operators or owners have been notified and measures for safe control have been taken.

(q) All loading and firing shall be directed and supervised by the Blaster-in-Charge.

(r) All blasts shall be fired under the control of a blaster, with an initiation system in accordance with manufacturer's recommendations. All blasts shall be fired in accordance with the manufacturer's recommendations.

(s) Buildings used for the mixing of blasting agents or water-based explosives shall conform to the requirements of this section.

(3) All fuel oil storage facilities shall be separated from the mixing plant and located in such a manner that in case of tank rupture, the oil will be contained and will not drain toward the mixing plant building.

(4) The building shall be adequately ventilated to prevent explosive or hazardous substance hazards.

(5) Heating units may be used in the building if they do not depend on combustion processes, and are properly designed and located to prevent explosive or other hazards. All direct sources of heat shall be provided exclusively from units located outside the mixing building.

(6) All internal-combustion engines used for electric power generation shall be located outside the mixing plant building, or shall be isolated by a firewall and shall be properly ventilated to prevent explosive or exhaust gas hazards to employees. The exhaust systems on all such engines shall be located so any heat or spark generated or emitted cannot be a hazard to any materials in or adjacent to the plant.

(t) See .900(s).

(1) See .900(s)(1).

(2) See .900(s)(2).

(3) See .900(s)(3).

(4) See .900(s)(4).

(5) See .900(s)(5).

(6) See .900(s)(6).

(u) To guard against unauthorized entry or initiation of a blast, a blast site shall be attended if loading is suspended or loaded holes are awaiting firing. Additionally, the blast site shall be barricaded, posted, and flagged as necessary to prevent unauthorized access.

(v) No one shall carry explosives or explosives detonating materials (e.g., blasting caps, detonators, fuse, primers) of any kind on his or her person. This does not prohibit hand-carrying or passing such materials when a hole is being loaded.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0704 Blaster Qualifications {#sec-13-ncac-07f-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0704}

Additions and amendments to 29 CFR 1926.901 Blaster Qualifications apply throughout the Rules in this Section as follows:

(a) Blasters shall be able to understand and give written and oral orders.

(b) Blasters and others authorized to handle or transport explosive materials or conduct blast site activities shall be in sufficiently good physical condition to perform the work safely and not be addicted to, or under the influence of, narcotics, intoxicants, or similar types of drugs.

(c) Blasters shall be qualified, by reason of training, knowledge, or experience, in the field of transporting, storing, handling, and use of explosives, and have a working knowledge of State, federal and local laws and regulations which pertain to explosives.

(d) Blasters shall be required by the employer to furnish evidence satisfactory to the employer of competency in handling explosives and performing in a safe manner the type of blasting that will be required.

(e) Blasters shall be knowledgeable in the use of each type of blasting method used.

(f) Pursuant to 29 CFR 1926.21(b), the employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to the employee's work and work environment.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0705 Surface Transportation of Explosives {#sec-13-ncac-07f-.0705 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0705}

Additions and amendments to 29 CFR 1926.902 Surface Transportation of Explosives apply throughout the Rules in this Section as follows:

(a) Surface transportation of explosives and blasting agents shall be in accordance with applicable U.S. Department of Transportation (hereafter, DOT) regulations. Where DOT regulations do not normally apply (e.g., off-road vehicles), compliance shall be in accordance with either the directly related DOT regulation or 1926.902(b) through 1926.902(1), as applicable. Where DOT regulations do not exist, 1926.902(b) through 1926.902(l) apply.

(b) Motor vehicles or conveyances transporting explosives shall only be driven by, and be in the charge of, a licensed driver. The driver shall be familiar with the local, State, and Federal regulations governing the transportation of explosives.

(d) Explosives, blasting agents, and blasting supplies shall not be transported with other materials or cargoes. Blasting caps and detonators shall not be transported in the same vehicle with other explosives unless the provisions of the IME Safety Publication No. 22, "Recommendations for the Safe Transportation of Detonators in a Vehicle with other Explosive Materials," which is incorporated herein by reference including subsequent amendments and editions, are followed.

(f) When explosives are transported by a vehicle with an open body, an ATF Type 2, ATF Type 3, IME 22 or original manufacturer's container shall be securely attached to the vehicle to contain the cargo.

(h) Every motor vehicle or conveyance used for transporting explosives shall be marked or placarded on both sides, the front, and the rear with the word "Explosives" in red letters, not less than 4 inches in height, on white background. The motor vehicle or conveyance may also display, in such a manner that it will be readily visible from all directions, a red flag 18 inches by 30 inches, with the word "Explosives" painted, stamped, or sewed thereon, in white letters, at least 6 inches in height.

(i) Each vehicle used for transportation of explosives shall be equipped with a fully charged fire extinguisher, in good condition (as described in 29 CFR 1926.150). An extinguisher, approved by a nationally recognized testing laboratory, of not less than 10-ABC rating will meet the minimum requirement. The driver shall be trained in the use of the extinguisher on the vehicle.

(j) Motor vehicles or conveyances carrying explosives or blasting agents, shall not be taken inside a garage or shop for repairs or servicing.

(l) In order to prevent explosives hazards, explosive materials shall be transported to the storage or blast site without delay.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0706 Underground Transportation of Explosives {#sec-13-ncac-07f-.0706 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0706}

Additions and amendments to 29 CFR 1926.903 Underground Transportation of Explosives apply throughout the Rules in this Section as follows:

(a) In order to prevent explosives hazards, all explosives or blasting agents in transit underground shall be taken to the place of use or storage without delay.

(b) The quantity of explosives or blasting agents taken to an underground loading area shall not exceed the amount estimated by the Blaster-in-Charge to be necessary for the blast.

(h) Vehicles containing explosive material shall be occupied only by persons necessary for handling the explosive material while in transit.

(m) Any powder car or conveyance used for transporting explosives or blasting agents shall bear a reflecting sign on each side with the word "Explosives". The sign's letters shall be a minimum of 4 inches in height and shall be on a background of sharply contrasting color.

(n) Compartments for transporting detonators and explosives in the same car or conveyance shall meet IME-22 container specifications or shall be physically separated by a distance of 24 inches or by a solid partition at least 6 inches thick.

(q) Explosives or blasting agents, not in original containers, shall be placed in a nonconductive, closed container when transported manually.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0707 Storage of Explosives and Blasting Agents {#sec-13-ncac-07f-.0707 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0707}

Additions and amendments to 29 CFR 1926.904 Storage of Explosives and Blasting Agents apply throughout the Rules in this Section as follows:

(a) Explosives and blasting agents shall be stored in magazines or containers that meet the applicable provisions of the regulations contained in 27 CFR Part 55, Commerce in Explosives.

(b) Blasting caps and other detonators shall not be stored in the same magazine or container with other explosives or blasting agents. Surplus primers shall be disassembled and components stored separately.

(c) Smoking and open flames shall not be permitted within 50 feet of explosive, detonators, or blasting agents storage.

(d) No explosives or blasting agents shall be permanently stored in any underground operation until the operation has at least two modes of exit.

(e) Permanent underground explosive materials storage shall be at least 300 feet from any shaft, edit, or active underground working area.

(f) Permanent underground explosive materials storage containing detonators shall not be located closer than 50 feet to any storage containing other explosives or blasting agents.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0708 Loading of Explosives or Blasting Agents {#sec-13-ncac-07f-.0708 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0708}

Additions and amendments to 29 CFR 1926.905 Loading of Explosives or Blasting Agents apply throughout the Rules in this Section as follows:

(a) Procedures that permit safe and efficient loading shall be established by the Blaster-in-Charge or the employer before loading is started.

(b) Drill holes shall be sufficiently large to admit easy insertion of the cartridges of explosives.

(c) Tamping shall be done only with non-metal, non-sparking tamping poles without exposed metal parts, except that nonsparking metal connectors may be used for jointed poles. Violent tamping shall be prohibited. The primer shall never be tamped.

(d) No holes shall be loaded except those to be fired in the next round of blasting. After loading, remaining explosives and detonators shall be promptly moved to a safe location and attended or stored pursuant to ATF storage requirements contained in 27 CFR Part 55.

(e) Drilling shall not be started until all visible butts of old holes are examined for unexploded charges, and if any are found, they shall be disposed of in accordance with 1926.911, before work proceeds.

(h) Machines, personnel and tools not required for the blasting operation shall be removed from the blast site before explosives are removed from storage or transportation vehicles. Blasting operation related vehicles or equipment shall not be driven over, or near enough to, explosive material or initiation systems to come into contact with the explosive material or initiation systems. Equipment not needed for the final blast shall not be operated within 50 feet of loaded holes.

(i) During loading the only activity permitted within the blast site shall be that required to successfully and safely load the hole.

(j) Power lines and portable electric cables for equipment being used shall be kept a safe distance from explosives or blasting agents. The blaster shall assure that cables in the proximity of loaded holes are deenergized and locked out. Additionally, when using electric detonators, the provisions of 1926.906(b) apply.

(k) Holes shall be checked prior to loading to determine depth and conditions. Only those holes determined by the Blaster-in-Charge to be satisfactory shall be loaded.

(l) When loading a line of holes with more than one loading crew, the crews shall be separated by practical distance consistent with safe and efficient operation and supervision of crews.

(m) No explosive shall be loaded or used underground in the presence of combustible gases or combustible dusts, unless the work is performed in accordance with the Mine Safety and Health Administration (MSHA) standards at 30 CFR 75 related to such environments, which are incorporated herein by reference, including subsequent amendments and editions, and unless the explosives have been approved as permissible explosives for use in gassy or dusty environments by MSHA.

(n) No explosives other than those in IME Fume Class 1 shall be used. However, explosives complying with the requirements of IME Fume Class 2 and IME Fume Class 3 may be used if adequate ventilation has been provided to prevent explosive or hazardous substance hazards to employees.

(q) A bore hole shall never be sprung when there is a risk of a premature detonation of a loaded hole.

(s) Areas in which loading is suspended or loaded holes are awaiting firing shall be attended, and barricaded, posted, or flagged as needed to guard against unauthorized entry or initiation.

(t) The blaster shall keep an accurate, up-to-date record of explosives, blasting agents, and blasting supplies used in each blast and shall keep an accurate running inventory of all explosives and blasting agents in the blaster's custody.

(u) When loading blasting agents pneumatically over electric detonators, semiconductive delivery hose shall be used and the equipment shall be bonded and grounded.

(v) Primers shall be made up just before their time of use and at the point of use.

(w) Holes shall not be drilled in a manner that disturbs or intersects a loaded hole.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0709 Initiation of Explosive Charges-Electric Blasting {#sec-13-ncac-07f-.0709 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0709}

Additions and amendments to 29 CFR 1926.906 Initiation of Explosive Charges-Electric Blasting apply throughout the Rules in this Section as follows:

(a) Electric detonators shall not be used where sources of extraneous electricity make the use of electric detonators dangerous. Except during testing, electric detonator leg wires shall be kept short-circuited (shunted) until they are connected into the circuit for firing.

(b) If the presence of extraneous electricity is possible, the blaster shall conduct a stray current survey. No holes shall be loaded using electric detonators until the danger of extraneous electricity is eliminated.

(c) In any single blast using electric detonators, all detonators shall be of the same style or function, and of the same manufacture.

(d) Electric initiation shall be carried out by using blasting machines or power circuits in accordance with the manufacturer's recommendations.

(e) When firing a circuit of electric detonators, an adequate quantity of delivered current must be available, in accordance with the manufacturer's recommendations.

(h) When firing electrically, the insulation on all firing lines shall be in good condition and shall be adequate to prevent voltage leaks.

(i) A power circuit used for firing electric detonators shall not be grounded.

(k) In underground operations there shall be a "lightning" gap of at least 15 feet in the firing system ahead of the main firing switch; that is, between this switch and the source of power. This gap shall be bridged by a flexible jumper cord just before firing the blast.

(n) When firing with blasting machines, the connections shall be made as recommended by the manufacturer of the electric detonators used.

(o) The number of electric detonators connected to a blasting machine shall not be in excess of its rated capacity. A series circuit shall contain no more detonators than the limits recommended by the manufacturer of the electric detonators in use.

(p) A blaster shall be in charge of the blasting machines.

(q) A blaster shall test blasting circuits for:

(1) Continuity of electric detonator in the blast hole prior to stemming and connection of the blasting line.

(2) Resistance of individual series or the resistance of multiple balanced series to be connected in parallel prior to their connection to the blasting line.

(3) Continuity of blasting lines prior to the connection of electric detonator series.

(4) Total blasting circuit resistance prior to connecting to the power source. A blasting galvanometer, or other instrument specifically designed for testing blasting circuits, shall be used to conduct these tests.

(r) Whenever the possibility exists that a leading line or blasting wire might be thrown over a live power line by the force of an explosion, the total length of wires shall be kept too short to hit the lines, or the wires shall be securely anchored to the ground. If neither of these requirements can be satisfied, a nonelectric system shall be used.

(s) The blaster shall assure that all connections are made from the bore hole back to the source of firing current, and that the leading wires remain shorted, except during testing, and not connected to the blasting machine or other source of current until the blast is to be fired. Only the blaster, or a qualified person (as described in 1926.900(a) and 1926.901) under the direct control of the blaster, shall make lead wire connections or fire the shot.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0710 Use of Safety Fuse {#sec-13-ncac-07f-.0710 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0710}

Additions and amendments to 29 CFR 1926.907 Use of Safety Fuse apply throughout the Rules in this Section as follows:

(a) A safety fuse that has been hammered or injured in any way shall not be used.

(d) Only a cap crimper shall be used for attaching blasting caps to safety fuse. Crimpers shall be kept in good repair and accessible for use.

(h) Safety fuses of at least the following minimum lengths shall be used:

(1) At least a 36-inch length for 40-second-per-foot safety fuse and

(2) At least a 48-inch length for 30-second-per-foot safety fuse.

(i) At least two people shall be present when multiple cap and fuse blasting is done by hand lighting methods.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0711 Use of Detonating Cord and Shock Tube {#sec-13-ncac-07f-.0711 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0711}

Additions and amendments to 29 CFR 1926.908 Use of Detonating Cord and Shock Tube apply throughout the Rules in this Section as follows:

(a) A detonating cord consistent with the type and physical condition of the bore hole and stemming and the type of explosives shall be used.

(b) Detonating cord shall be handled and used in the same manner as other explosives.

(d) Detonating cord shall be handled and used with care to avoid damaging or severing the cord during and after loading and hooking-up. Shock tube shall never be pulled, stretched, kinked, twisted, mashed or abused in any way which could cause the tube to break or otherwise malfunction.

(e) Detonating cord connections, shock tube connections and splices shall be competent and positive in accordance with the manufacturer's recommendations. Knot-type or other cord-to-cord connections shall be made only with detonating cord in which the explosive core is dry. Down-the-hole shock tube splices are prohibited.

(g) All detonating cord connections, shock tube connections and splices shall be inspected before firing the blast.

(h) When detonating cord or shock tube millisecond-delay connectors or short-interval-delay electric detonators are used with detonating cord or shock tube, the practice shall conform strictly to the manufacturer's recommendations.

(i) When connecting a detonator to detonating cord or shock tube, the detonator shall be taped or otherwise attached securely along the side or the end of the detonating cord, with the end of the detonator containing the explosive charge pointed in the direction in which the detonation is to proceed.

(k) Shock tube shall not be connected to the initiation device until the blast is to be fired.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0712 Firing the Blast {#sec-13-ncac-07f-.0712 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0712}

Additions and amendments to 29 CFR 1926.909 Firing the Blast apply throughout the Rules in this Section as follows:

(a) The Blaster-in-Charge shall establish a code of blasting signals and all blast site employees shall familiarize themselves with and conform to the code. As a minimum, the code shall:

(1) contain audible pre-blast and audible all clear signals, and

(2) contain an emergency method for guards, flagmen, or other authorized employees to signal "do not fire", and

(3) prohibit sounding of the all clear signal until the blaster has checked the blast site for misfires. Table U-1 is an example of a code of blasting signals that would meet these requirements. Further, the Blaster-in-Charge shall require the placement of Danger signs and posting of the blasting signals when personnel not associated with the blasting operation are within the blast area.

(b) Before a blast is fired, the Blaster-in-Charge shall make certain that all surplus explosives are in an area meeting the ATF explosive storage requirements contained in 27 CFR 55 and that all persons are at a safe distance, or under sufficient cover.

(c) Flagmen shall be safely stationed on highways which pass through the blast area so as to stop traffic during blasting.

(d) The Blaster-in-Charge shall fix the time of blasting.

(e) Before firing an underground blast, warning shall be given, and all possible entries into the blast area, and any entrances to any working place where a drift, raise, or other opening is about to hole through, shall be carefully guarded to prevent entry into the area. The Blaster-in-Charge shall make sure that all surplus employees have been removed from the blast area and that all personnel are out of the blast area.

History

  • Authority G.S. 95-131.
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0713 Inspection After Blasting {#sec-13-ncac-07f-.0713 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0713}

Additions and amendments to 29 CFR 1926.910 Inspection After Blasting apply throughout the Rules in this Section as follows:

(b) Sufficient time shall be allowed, not less than 15 minutes in tunnels, for the smoke and fumes to dissipate before returning to the blast site. Subsequently, the blaster shall inspect the blast site and surrounding rubble for signs of misfires. If a misfire is found, employee access to the blast area shall be controlled pursuant to 1926.911. Where fumes, fire, or dust are a potential hazard (e.g., in tunnels), the muck pile shall be wetted down prior to general employees returning to the blast site.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0714 Misfires {#sec-13-ncac-07f-.0714 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0714}

Additions and amendments to 29 CFR 1926.911 Misfires apply throughout the Rules in this Section as follows:

(a) If a misfire is found, the Blaster-in-Charge shall invoke sufficient safeguards to exclude all employees from the potential blast area.

(b) No work shall be done except that necessary to remove the hazard of the misfire. Only those employees necessary to do the work shall enter the potential blast area. Only the Blaster-in-Charge, and the absolute minimum number of competent, personnel (as defined in 29 CFR 1926 Subparts Land P), necessary to assess the situation shall approach the hole to inspect the misfire.

(c) The Blaster-in-Charge shall determine the safest steps for removing the hazard of the misfire. During development and implementation of these steps, the Blaster-in-Charge shall comply with the manufacturer's recommendations. Further, the guidelines of the Safety in the Transportation, Storage, Handling and Use of Explosive Materials, IME Safety Library Publication No. 17, which is incorporated herein by reference, including any subsequent amendments and editions, shall be utilized.

(d) If there are any misfires while using safety fuse and blasting cap, all employees shall remain out of the potential blast area for at least 30 minutes. If electric detonators, shock tube, gas tube or detonating cord systems or materials were used and a misfire occurred, the waiting period may be reduced to 15 minutes. In either case, the Blaster-in-Charge shall assess the circumstances and invoke a safe waiting period before allowing any personnel to enter the potential blast area. All lines shall be carefully traced and a search made for unexploded charges.

(e) No drilling, digging, or picking shall be permitted until all misfires have been detonated or the Blaster-in-Charge approves the work.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0715 Underwater Blasting {#sec-13-ncac-07f-.0715 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0715}

Additions and amendments to 29 CFR 1926.912 Underwater Blasting apply throughout the Rules in this Section as follows:

(a) In underwater blasting, no shot shall be fired without the approval of the Blaster-in-Charge.

(c) Only water-resistant detonators and detonating cords shall be used for all marine blasting. Loading shall be done through a nonsparking loading tube when tube is necessary.

(d) No blast shall be fired while any vessel under way is closer than 1,500 feet to the blast site. Those on board vessels or craft moored or anchored within 1,500 feet shall be notified before a blast is fired. Note: The warning signals and personnel safety provisions of 1926.909 also apply.

(g) The storage and handling of explosives aboard vessels used in underwater blasting operations shall be in accordance with the provisions of this Standard on handling and storing explosives.

(h) Prior to firing the blast, the blaster shall determine the method(s) that will be used for detecting misfires and take preparatory steps (e.g., noting obvious indications of misfire, attaching float(s) that will be released by the firing, staging underwater cameras, or other appropriate means). Misfires shall be handled in accordance with the requirements of 1926.911.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0716 Blasting in Excavation Work Under Compressed Air {#sec-13-ncac-07f-.0716 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0716}

Additions and amendments to 29 CFR 1926.913 Blasting in Excavation Work Under Compressed Air apply throughout the Rules in this Section as follows:

(b) When detonators or explosives are brought into an air lock, the only employees who shall be permitted to enter the airlock are the powderman, blaster, lock tender and the employees necessary for carrying the detonators or explosives. No other material, supplies, or equipment shall be locked through with the explosives.

(d) See 1926.900(a) and 1926.901.

(f) The explosives suitable for use in wet holes shall be water-resistant and shall be IME Fume Class 1.

History

  • Authority G.S. 95-131
  • Recodified from 13 NCAC 07F .0201 Eff. August 3, 2005
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 07F .0901 Scope {#sec-13-ncac-07f-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0901}

History

  • Status: repealed
  • Authority G.S. 95-131
  • Temporary Adoption Eff. October 1, 2009
  • Eff. September 1, 2010
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0902 Incorporation by Reference {#sec-13-ncac-07f-.0902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0902}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0903 Definitions {#sec-13-ncac-07f-.0903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0903}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0904 Operator Qualification and Certification {#sec-13-ncac-07f-.0904 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0904}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0905 Signal Person Qualification {#sec-13-ncac-07f-.0905 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0905}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0906 Maintenance and Repair Employee Qualification {#sec-13-ncac-07f-.0906 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0906}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0907 Training {#sec-13-ncac-07f-.0907 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0907}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0908 Fall Protection {#sec-13-ncac-07f-.0908 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0908}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0909 Design, Construction and Testing {#sec-13-ncac-07f-.0909 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0909}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0910 Equipment with a Rated Hoisting/Lifting Capacity of 2,000 Pounds or Less {#sec-13-ncac-07f-.0910 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0910}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0911 Equipment Modifications {#sec-13-ncac-07f-.0911 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0911}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0912 ASSEMBLY AND disassembly OF EQUIPMENT {#sec-13-ncac-07f-.0912 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0912}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0913 Power Line Safety {#sec-13-ncac-07f-.0913 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0913}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0914 Wire Rope {#sec-13-ncac-07f-.0914 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0914}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0915 Inspections {#sec-13-ncac-07f-.0915 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0915}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0916 Operation of Equipment {#sec-13-ncac-07f-.0916 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0916}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0917 Operational Aids {#sec-13-ncac-07f-.0917 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0917}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0918 Safety Devices {#sec-13-ncac-07f-.0918 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0918}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0919 Signals {#sec-13-ncac-07f-.0919 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0919}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0920 Hoisting Personnel {#sec-13-ncac-07f-.0920 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0920}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0921 Tower Cranes {#sec-13-ncac-07f-.0921 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0921}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0922 Derricks {#sec-13-ncac-07f-.0922 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0922}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0923 Floating Cranes/Derricks and Land Cranes/Derricks on Barges {#sec-13-ncac-07f-.0923 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0923}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0924 Overhead & Gantry Cranes {#sec-13-ncac-07f-.0924 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0924}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0925 Dedicated Pile Drivers {#sec-13-ncac-07f-.0925 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0925}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0926 Sideboom Cranes {#sec-13-ncac-07f-.0926 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0926}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.
13 NCAC 07F .0927 Operator Certification – Written Examination – Technical Knowledge Criteria {#sec-13-ncac-07f-.0927 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07F .0927}

History

  • Status: repealed
  • Authority G.S. 95-13
  • Eff. October 1, 2009
  • Temporary Repeal Eff. November 8, 2010
  • Repealed Eff. February 1, 2011.

Subchapter G

13 NCAC 07G .0101 Handling of antineoplastic agents {#sec-13-ncac-07g-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 07G .0101}

(a) The following recommendations with respect to the handling of antineoplastic agents are incorporated by reference, including subsequent amendments and editions: The recommendations issued by the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), as contained in the Alert: Preventing Occupational Exposure to Antineoplastic and Other Hazardous Drugs in Health Care Settings, as published in 2004. Copies of the 2004 NIOSH Alert and subsequent amendments may be accessed at no charge at http://www.cdc.gov/niosh/docs/2004-165/.

(b) For enforcement purposes, nothing in this Rule is intended to supersede federal regulations adopted and enforced by the North Carolina Department of Labor or state-specific rules codified in the North Carolina Administrative Code.

(c) Where the NIOSH recommendations are inconsistent with State or federal laws, regulations, or rules, compliance with the State or federal law, regulation, or rule shall be accepted in lieu of compliance with the NIOSH recommendations.

History

  • Authority G.S. 95-156
  • Eff. June 13, 2016.

Chapter 08 Statistics Division

13 NCAC 08 .0101 Name: Address {#sec-13-ncac-08-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0101}

History

  • Status: expired
  • Authority G.S. 95-4; 95-4(1); 95-6; 95-12; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 08 .0102 Purpose: Responsibilities {#sec-13-ncac-08-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0102}

History

  • Status: expired
  • Authority G.S. 95-4; 95-4(1); 95-6; 95-12; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 08 .0103 Organization {#sec-13-ncac-08-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0103}

History

  • Status: expired
  • Authority G.S. 95-4; 95-4(1); 95-6; 95-12; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 08 .0104 Definitions {#sec-13-ncac-08-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0104}

History

  • Status: expired
  • Authority G.S. 95-4; 95-4(1); 95-6; 95-12; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 08 .0105 Requests for Publications {#sec-13-ncac-08-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0105}

History

  • Status: expired
  • Authority G.S. 95-4; 95-4(1); 95-6; 95-12; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 08 .0201 Statement of Activity Form {#sec-13-ncac-08-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0201}

History

  • Status: repealed
  • Authority G.S. 95-6; 95-12
  • Eff. February 1, 1976
  • Repealed Eff. October 28, 1976.
13 NCAC 08 .0202 Employment: Hours and Earnings Forms {#sec-13-ncac-08-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0202}

History

  • Status: repealed
  • Authority G.S. 95-6; 95-12
  • Eff. February 1, 1976
  • Repealed Eff. October 28, 1976.
13 NCAC 08 .0203 Publication {#sec-13-ncac-08-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0203}

History

  • Status: repealed
  • Authority G.S. 95-6; 95-12
  • Eff. February 1, 1976
  • Repealed Eff. October 28, 1976.
13 NCAC 08 .0301 Collection: Form Used {#sec-13-ncac-08-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0301}

History

  • Status: expired
  • Authority G.S. 95-143; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 08 .0302 Publication {#sec-13-ncac-08-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 08 .0302}

History

  • Status: expired
  • Authority G.S. 95-143; 95-144
  • Eff. February 1, 1976
  • Readopted September 30, 1977
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.

Chapter 09 Wage and Hour Division (Repealed)

Subchapter A

13 NCAC 09A .0101 Name: Address {#sec-13-ncac-09a-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0101}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4; 95-11; 95-21; 95-25.19; 95-32; 95-38; 95-39; 95-93; 95-169; 110-17; Chapter 95, Articles 2, 5, 11 and 17; Chapter 110, Article 1
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09A .0102 Purpose: Responsibilities {#sec-13-ncac-09a-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0102}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4; 95-11; 95-21; 95-25.19; 95-32; 95-38; 95-39; 95-93; 95-169; 110-17; Chapter 95, Articles 2, 5, 11 and 17; Chapter 110, Article 1
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09A .0103 Definitions {#sec-13-ncac-09a-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0103}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4; 95-11; 95-21; 95-25.19; 95-32; 95-38; 95-39; 95-93; 95-169; 110-17; Chapter 95, Articles 2, 5, 11 and 17; Chapter 110, Article 1
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09A .0104 Division: General {#sec-13-ncac-09a-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0104}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4; 95-11; 95-21; 95-25.19; 95-32; 95-38; 95-39; 95-93; 95-169; 110-17; Chapter 95, Articles 2, 5, 11 and 17; Chapter 110, Article 1
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09A .0105 Name and Address {#sec-13-ncac-09a-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0105}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355 through 14-357.1; 95-4; 95-11; 95-25.3 through 95-25.6; 95-25.17
  • Expired Eff. December 30, 1979.
13 NCAC 09A .0106 Purpose and Responsibilities {#sec-13-ncac-09a-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0106}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355 through 14-357.1; 95-4; 95-11; 95-25.3 through 95-25.6; 95-25.17
  • Expired Eff. December 30, 1979.
13 NCAC 09A .0107 Definitions {#sec-13-ncac-09a-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0107}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355 through 14-357.1; 95-4; 95-11; 95-25.3 through 95-25.6; 95-25.17
  • Expired Eff. December 30, 1979.
13 NCAC 09A .0108 Division Organization {#sec-13-ncac-09a-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09A .0108}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355 through 14-357.1; 95-4; 95-11; 95-25.3 through 95-25.6; 95-25.17
  • Expired Eff. December 30, 1979.

Subchapter B

13 NCAC 09B .0101 Applicability {#sec-13-ncac-09b-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0101}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-21; 95-22; 95-25.19; 95-39; 95-40; 95-92; 95-93; 95-169; 110-19
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0102 Requests for Inspections {#sec-13-ncac-09b-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0102}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-21; 95-22; 95-25.19; 95-39; 95-40; 95-92; 95-93; 95-169; 110-19
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0103 Authority for Inspection {#sec-13-ncac-09b-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0103}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-21; 95-22; 95-25.19; 95-39; 95-40; 95-92; 95-93; 95-169; 110-19
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0104 Objection to Inspection {#sec-13-ncac-09b-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0104}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-21; 95-22; 95-25.19; 95-39; 95-40; 95-92; 95-93; 95-169; 110-19
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0105 Inspections {#sec-13-ncac-09b-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0105}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-21; 95-22; 95-25.19; 95-39; 95-40; 95-92; 95-93; 95-169; 110-19
  • Eff. February 1, 1976
  • Amended Eff. October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0106 Legislation {#sec-13-ncac-09b-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0106}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.1; 95-25.15; 95-25.16; 95-25.22
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0107 Complaint {#sec-13-ncac-09b-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0107}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.1; 95-25.15; 95-25.16; 95-25.22
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0108 Authority for Investigation {#sec-13-ncac-09b-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0108}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.1; 95-25.15; 95-25.16; 95-25.22
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0109 Objection to Investigation {#sec-13-ncac-09b-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0109}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.1; 95-25.15; 95-25.16; 95-25.22
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0110 Investigations {#sec-13-ncac-09b-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0110}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.1; 95-25.15; 95-25.16; 95-25.22
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0201 Failure to Comply: Civil Action and Criminal Action {#sec-13-ncac-09b-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0201}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979; for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-19; 95-20; 95-24; 95-25.19; 95-40; 95-45; 95-93; 95-94; 95-95; 95-169; 95-171; 110-19; 110-20
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0202 Enforcement Plan and Procedure {#sec-13-ncac-09b-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0202}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979; for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-19; 95-20; 95-24; 95-25.19; 95-40; 95-45; 95-93; 95-94; 95-95; 95-169; 95-171; 110-19; 110-20
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09B .0203 Failure to Comply or Agree to Pay Back Wages {#sec-13-ncac-09b-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0203}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0204 Back Wage Cases {#sec-13-ncac-09b-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0204}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0205 Illegal Acts {#sec-13-ncac-09b-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0205}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0207 Youth Employment Civil Money Penalties {#sec-13-ncac-09b-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0207}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0208 Discrimination Complaints {#sec-13-ncac-09b-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0208}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.
13 NCAC 09B .0209 Injunctions {#sec-13-ncac-09b-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09B .0209}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.15; 95-25.16; 95-25.20 through 95-25.24
  • Expired Eff. December 30, 1979.

Subchapter C

13 NCAC 09C .0101 Meals and Lodging Charges {#sec-13-ncac-09c-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0101}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0102 No Waiver {#sec-13-ncac-09c-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0102}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0103 Illegal Deductions {#sec-13-ncac-09c-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0103}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0104 Enumeration of Employees to Determine Coverage {#sec-13-ncac-09c-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0104}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0105 Farm Labor Exemption {#sec-13-ncac-09c-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0105}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0106 Automobile and Farm Equipment Salesmen {#sec-13-ncac-09c-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0106}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0107 Taxicab Operator Exemption {#sec-13-ncac-09c-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0107}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0108 Handicapped Worker Certificate {#sec-13-ncac-09c-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0108}

History

  • Status: repealed
  • Filed as An Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4(2); 95-25.19; 95-86; 95-87; 95-88; 95-89; 95-93; Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 9, 1978; April 13, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0109 Wage Rate {#sec-13-ncac-09c-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0109}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.3; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0110 Subminimum Wage Rates {#sec-13-ncac-09c-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0110}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.3; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0111 Exemptions from Minimum Wage {#sec-13-ncac-09c-.0111 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0111}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.3; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0112 Seasonal Recreational Programs: Local Governments {#sec-13-ncac-09c-.0112 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0112}

History

  • Status: expired
  • Filed as an Emergency Amendment Eff. October 31, 1979 to Expire on December 30, 1979
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days
  • Authority G.S. 95-25.3; 95-25.14(d)
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0113 Subminimum Wage for Students: Learners: and Apprentices {#sec-13-ncac-09c-.0113 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0113}

History

  • Status: repealed
  • Authority G.S. 95-25.3
  • Eff. July 1, 1980
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0201 Overtime Provision Exemption {#sec-13-ncac-09c-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0201}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0202 Employer May Exempt Employee {#sec-13-ncac-09c-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0202}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0203 No Waiver {#sec-13-ncac-09c-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0203}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0204 Supervisory Personnel {#sec-13-ncac-09c-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0204}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0205 Learned Professions {#sec-13-ncac-09c-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0205}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0206 Motion Picture Theatres {#sec-13-ncac-09c-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0206}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0207 Restaurants Affiliated with Seasonal Hotel {#sec-13-ncac-09c-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0207}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-17; 95-17.1; 95-21; 95-25.19
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0208 Overtime Payment {#sec-13-ncac-09c-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0208}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.4; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0209 Drivers Exemption {#sec-13-ncac-09c-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0209}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.4; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0210 Taxicab Drivers {#sec-13-ncac-09c-.0210 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0210}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.4; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0211 Auto: Truck and Farm Implement Dealers {#sec-13-ncac-09c-.0211 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0211}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.4; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0212 Trailer: Boat and Aircraft Dealers {#sec-13-ncac-09c-.0212 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0212}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.4; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0213 Child Care Workers {#sec-13-ncac-09c-.0213 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0213}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.4; 95-25.14
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0301 Exemptions {#sec-13-ncac-09c-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0301}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-25.19; 95-86; 95-87; 95-88; 95-162; 95-166; 95-167; 95-172
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 25, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0302 Pay Periods {#sec-13-ncac-09c-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0302}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-25.19; 95-86; 95-87; 95-88; 95-162; 95-166; 95-167; 95-172
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 25, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0303 Notification to Employees {#sec-13-ncac-09c-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0303}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-25.19; 95-86; 95-87; 95-88; 95-162; 95-166; 95-167; 95-172
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 25, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0304 Withholding of Wages {#sec-13-ncac-09c-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0304}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-25.19; 95-86; 95-87; 95-88; 95-162; 95-166; 95-167; 95-172
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. July 25, 1978
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0305 Bonus: Commission and Other Payments {#sec-13-ncac-09c-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0305}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0306 Withholding of Wages: Written Agreement {#sec-13-ncac-09c-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0306}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0307 Wage Deductions: Cooling Off Period {#sec-13-ncac-09c-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0307}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0308 Deposits for Employer Property {#sec-13-ncac-09c-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0308}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0309 Final Paycheck {#sec-13-ncac-09c-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0309}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0310 Vacation Accrual {#sec-13-ncac-09c-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0310}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0311 Vacation Practice Becomes Vacation Policy {#sec-13-ncac-09c-.0311 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0311}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0312 Wages {#sec-13-ncac-09c-.0312 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0312}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.6; 95-25.8; 95-25.9; 95-25.11; 95-25.12; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0401 Definitions {#sec-13-ncac-09c-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0401}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-25.19; 110-2; 110-6 through 110-10; 110-12; 110-17 through 110-19
  • Eff. February 1, 1976
  • Amended Eff. July 1, 1977; October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0402 Application for Employment Certificate {#sec-13-ncac-09c-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0402}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-25.19; 110-2; 110-6 through 110-10; 110-12; 110-17 through 110-19
  • Eff. February 1, 1976
  • Amended Eff. July 1, 1977; October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0403 Issuance of Employment Certificates {#sec-13-ncac-09c-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0403}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-25.19; 110-2; 110-6 through 110-10; 110-12; 110-17 through 110-19
  • Eff. February 1, 1976
  • Amended Eff. July 1, 1977; October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0404 Supervision by Director: Revocation: Records {#sec-13-ncac-09c-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0404}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-25.19; 110-2; 110-6 through 110-10; 110-12; 110-17 through 110-19
  • Eff. February 1, 1976
  • Amended Eff. July 1, 1977; October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0405 Special Certificates {#sec-13-ncac-09c-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0405}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-25.19; 110-2; 110-6 through 110-10; 110-12; 110-17 through 110-19
  • Eff. February 1, 1976
  • Amended Eff. July 1, 1977; October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0406 Duplicates {#sec-13-ncac-09c-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0406}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-11; 95-25.19; 110-2; 110-6 through 110-10; 110-12; 110-17 through 110-19
  • Eff. February 1, 1976
  • Amended Eff. July 1, 1977; October 15, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0407 Application Procedure for Waivers of the Child Labor Law {#sec-13-ncac-09c-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0407}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Filed as an Emergency Regulation Eff. July 1, 1977, for a Period of 120 days to Expire on October 29, 1977
  • Authority G.S. 110-18; 95-11(f); S.L. 1977, Ch. 585; Made Permanent Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0408 Criteria for the Granting of Waivers {#sec-13-ncac-09c-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0408}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Filed as an Emergency Regulation Eff. July 1, 1977, for a Period of 120 days to Expire on October 29, 1977
  • Authority G.S. 110-18; 95-11(f); S.L. 1977, Ch. 585; Made Permanent Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0409 Hardship Waivers {#sec-13-ncac-09c-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0409}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Filed as an Emergency Regulation Eff. July 1, 1977, for a Period of 120 days to Expire on October 29, 1977
  • Authority G.S. 110-18; 95-11(f); S.L. 1977, Ch. 585; Made Permanent Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0410 Verification of Special Case {#sec-13-ncac-09c-.0410 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0410}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Filed as an Emergency Regulation Eff. July 1, 1977, for a Period of 120 days to Expire on October 29, 1977
  • Authority G.S. 110-18; 95-11(f); S.L. 1977, Ch. 585; Made Permanent Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0411 Waiver Letter Form {#sec-13-ncac-09c-.0411 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0411}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Filed as an Emergency Regulation Eff. July 1, 1977, for a Period of 120 days to Expire on October 29, 1977
  • Authority G.S. 110-18; 95-11(f); S.L. 1977, Ch. 585; Made Permanent Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0412 Violation of the Waiver {#sec-13-ncac-09c-.0412 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0412}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Filed as an Emergency Regulation Eff. July 1, 1977, for a Period of 120 days to Expire on October 29, 1977
  • Authority G.S. 110-18; 95-11(f); S.L. 1977, Ch. 585; Made Permanent Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0413 Definitions {#sec-13-ncac-09c-.0413 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0413}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0414 Application for a Youth Employment Certificate {#sec-13-ncac-09c-.0414 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0414}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0415 Issuance of Youth Employment Certificates {#sec-13-ncac-09c-.0415 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0415}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-11; 95-25.19
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0416 Employment of Youth Under Age 14 {#sec-13-ncac-09c-.0416 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0416}

History

  • Status: expired
  • Filed as an Emergency Amendment (a) Eff. October 31, 1979, to Expire on December 30, 1979
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(c), (d)
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0417 Employment of Youth Between 14 and 16 Years of Age {#sec-13-ncac-09c-.0417 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0417}

History

  • Status: expired
  • Filed as an Emergency Amendment (a) Eff. October 31, 1979, to Expire on December 30, 1979
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(c), (d)
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0418 Employment of Youth Between 16 and 18 Years of Age {#sec-13-ncac-09c-.0418 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0418}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0419 Employment of Youths Where Alcoholic Beverages Are Sold {#sec-13-ncac-09c-.0419 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0419}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0420 Employment of Youth in Violation of Federal Law {#sec-13-ncac-09c-.0420 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0420}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0421 Supervision by Director: Revocation: Records {#sec-13-ncac-09c-.0421 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0421}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0422 Civil Money Penalties {#sec-13-ncac-09c-.0422 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0422}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0423 Civil Money Penalty Assessment {#sec-13-ncac-09c-.0423 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0423}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0424 Application Procedure for Waivers {#sec-13-ncac-09c-.0424 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0424}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5(a), (b); 95-25.19; 95-25.23; 150A
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0425 Criteria for the Granting of Waivers {#sec-13-ncac-09c-.0425 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0425}

History

  • Status: expired
  • Filed as an Emergency Amendment (2) Eff. October 31, 1979, to Expire on December 30, 1979
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0426 Waiver Letter Form {#sec-13-ncac-09c-.0426 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0426}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0427 Violation of the Waivers {#sec-13-ncac-09c-.0427 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0427}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-25.5
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0501 Purpose {#sec-13-ncac-09c-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0501}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0502 Inspection Form {#sec-13-ncac-09c-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0502}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0503 Citation Form {#sec-13-ncac-09c-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0503}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0504 Minimum Wage Form {#sec-13-ncac-09c-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0504}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0505 Maximum Hour Form {#sec-13-ncac-09c-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0505}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0506 Uniform Wage Payment Form {#sec-13-ncac-09c-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0506}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0507 Back Wage Receipt Form {#sec-13-ncac-09c-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0507}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0508 Handicapped Worker Certificate Form {#sec-13-ncac-09c-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0508}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0509 Uniform Wage Payment Form {#sec-13-ncac-09c-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0509}

History

  • Status: repealed
  • Filed as an Emergency Repeal Eff. September 1, 1979, for a Period of 120 Days to be Reinstated on December 30, 1979
  • Authority G.S. 95-4
  • Eff. November 1, 1976
  • Readopted Eff. September 30, 1977
  • Reinstated Eff. December 30, 1979
  • Repealed Eff. November 1, 1980.
13 NCAC 09C .0510 Complaints {#sec-13-ncac-09c-.0510 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0510}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0511 Investigations {#sec-13-ncac-09c-.0511 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0511}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0512 Litigation {#sec-13-ncac-09c-.0512 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0512}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 14-355
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0601 Required Medical Examination {#sec-13-ncac-09c-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0601}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff.
  • September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 14-357.1; 95-25.8
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0602 Relationship to Wage and Hour Act {#sec-13-ncac-09c-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0602}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff.
  • September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 14-357.1; 95-25.8
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0603 Complaints {#sec-13-ncac-09c-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0603}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff.
  • September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 14-357.1; 95-25.8
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0604 Investigation {#sec-13-ncac-09c-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0604}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff.
  • September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 14-357.1; 95-25.8
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0605 Litigation {#sec-13-ncac-09c-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0605}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff.
  • September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 14-357.1; 95-25.8
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0701 Purpose {#sec-13-ncac-09c-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0701}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-4; 95-25.5; 95-25.15; 95-25.19; 95-25.20
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0702 Investigation Report {#sec-13-ncac-09c-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0702}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-4; 95-25.5; 95-25.15; 95-25.19; 95-25.20
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0703 Summary of Unpaid Wages {#sec-13-ncac-09c-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0703}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-4; 95-25.5; 95-25.15; 95-25.19; 95-25.20
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0704 Back Wage Receipt {#sec-13-ncac-09c-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0704}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-4; 95-25.5; 95-25.15; 95-25.19; 95-25.20
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0705 Wage Transcription and Computation Sheet {#sec-13-ncac-09c-.0705 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0705}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-4; 95-25.5; 95-25.15; 95-25.19; 95-25.20
  • Expired Eff. December 30, 1979.
13 NCAC 09C .0706 Handicapped Worker Certificate Forms {#sec-13-ncac-09c-.0706 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09C .0706}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. September 1, 1979, for a Period of 120 Days to Expire on December 30, 1979
  • Authority G.S. 95-4; 95-25.5; 95-25.15; 95-25.19; 95-25.20
  • Expired Eff. December 30, 1979.

Subchapter D

13 NCAC 09D .0101 Advisory Council {#sec-13-ncac-09d-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0101}

History

  • Status: repealed
  • Authority G.S. 95-37; 95-39; 95-46
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0102 Employment Agency Defined {#sec-13-ncac-09d-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0102}

History

  • Status: repealed
  • Authority G.S. 95-37; 95-39; 95-46
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0103 Government Employment Agencies Unaffected {#sec-13-ncac-09d-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0103}

History

  • Status: repealed
  • Authority G.S. 95-37; 95-39; 95-46
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0104 General Definitions {#sec-13-ncac-09d-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0104}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0201 Initial Application for License {#sec-13-ncac-09d-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0201}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39; 95-40
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0202 Posting Notice of Application {#sec-13-ncac-09d-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0202}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39; 95-40
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0203 Protesting the Application {#sec-13-ncac-09d-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0203}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39; 95-40
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0204 Character Investigation {#sec-13-ncac-09d-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0204}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39; 95-40
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0205 Restrictions {#sec-13-ncac-09d-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0205}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39
  • Eff. February 1, 1976
  • Repealed Eff. October 10, 1976.
13 NCAC 09D .0206 Interview {#sec-13-ncac-09d-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0206}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 10, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0207 Decision on Application {#sec-13-ncac-09d-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0207}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 10, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0208 Effective Period of License {#sec-13-ncac-09d-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0208}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 10, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0209 License Not Transferable {#sec-13-ncac-09d-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0209}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 10, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0210 Separate License for Each Location {#sec-13-ncac-09d-.0210 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0210}

History

  • Status: repealed
  • Authority G.S. 95-38; 95-39
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 10, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0211 Cause for Revocation {#sec-13-ncac-09d-.0211 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0211}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-39; 95-40
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0212 Revocation {#sec-13-ncac-09d-.0212 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0212}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-39; 95-40
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0301 Posting {#sec-13-ncac-09d-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0301}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0302 Contracts to Be Filed with Commissioner {#sec-13-ncac-09d-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0302}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0303 Contract to Be Explained to Applicant {#sec-13-ncac-09d-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0303}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0304 Advertisement {#sec-13-ncac-09d-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0304}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0305 Referrals {#sec-13-ncac-09d-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0305}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0306 Misrepresentation {#sec-13-ncac-09d-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0306}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0307 Closing of Agency {#sec-13-ncac-09d-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0307}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Repealed Eff. October 10, 1976.
13 NCAC 09D .0308 Records {#sec-13-ncac-09d-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0308}

History

  • Status: repealed
  • Authority G.S. 95-39; 95-40
  • Eff. February 1, 1976
  • Amended Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0309 Specifically Prohibited Practices {#sec-13-ncac-09d-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0309}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Repealed Eff. October 10, 1976.
13 NCAC 09D .0310 Complaint {#sec-13-ncac-09d-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0310}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0311 Informal Resolution {#sec-13-ncac-09d-.0311 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0311}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-39; 95-40
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0312 Cause for Hearing {#sec-13-ncac-09d-.0312 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0312}

History

  • Status: repealed
  • Authority G.S. 95-4; 95-39; 95-40
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0401 Purpose {#sec-13-ncac-09d-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0401}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 15, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0402 Inspection Form {#sec-13-ncac-09d-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0402}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 15, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0403 Application for License {#sec-13-ncac-09d-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0403}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 15, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0404 License to Operate {#sec-13-ncac-09d-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0404}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 15, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0405 Notice of Intent {#sec-13-ncac-09d-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0405}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. October 15, 1976
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0406 P.e.a. Data Form {#sec-13-ncac-09d-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0406}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.
13 NCAC 09D .0407 Supplemental Application Form {#sec-13-ncac-09d-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 09D .0407}

History

  • Status: repealed
  • Authority G.S. 95-4
  • Eff. October 10, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. June 1, 1979.

Chapter 10 OSHA Review Board's Rules of Procedures

13 NCAC 10 .0101 Definitions {#sec-13-ncac-10-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0101}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0102 Scope of Rules: Applicability of North Carolina Rules {#sec-13-ncac-10-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0102}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0103 Use of Gender and Number {#sec-13-ncac-10-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0103}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0104 Computation of Time {#sec-13-ncac-10-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0104}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0105 Extensions of Time {#sec-13-ncac-10-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0105}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0106 Record Address {#sec-13-ncac-10-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0106}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0107 Service and Notice {#sec-13-ncac-10-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0107}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0108 Filing {#sec-13-ncac-10-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0108}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0109 Consolidation {#sec-13-ncac-10-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0109}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0110 Severance {#sec-13-ncac-10-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0110}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0111 Protection of Trade Secrets: Confidential Information {#sec-13-ncac-10-.0111 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0111}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0201 Party Status {#sec-13-ncac-10-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0201}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0202 Intervention: Appearance by Non-Parties {#sec-13-ncac-10-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0202}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0203 Representative of Parties and Intervenors {#sec-13-ncac-10-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0203}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0301 Form {#sec-13-ncac-10-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0301}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0302 Caption: Titles of Cases {#sec-13-ncac-10-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0302}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0303 Notice of Contest {#sec-13-ncac-10-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0303}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0304 Employer Contest {#sec-13-ncac-10-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0304}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0305 Petition for Modification of Abatement Period {#sec-13-ncac-10-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0305}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0306 Employee Contest {#sec-13-ncac-10-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0306}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0307 Statement of Position {#sec-13-ncac-10-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0307}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0308 Response to Motions {#sec-13-ncac-10-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0308}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0309 Failure to File {#sec-13-ncac-10-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0309}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0401 Withdrawal of Notice of Contest {#sec-13-ncac-10-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0401}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0402 Pre-Hearing Conference {#sec-13-ncac-10-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0402}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0403 Requests for Admission {#sec-13-ncac-10-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0403}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0404 Discovery Depositions and Interrogatories {#sec-13-ncac-10-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0404}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0405 Failure to Comply with Order for Discovery {#sec-13-ncac-10-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0405}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0406 Subpoenas Issued: Modify Subpoenas: Inspect and Copy Data {#sec-13-ncac-10-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0406}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0501 Notice of Hearing {#sec-13-ncac-10-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0501}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0502 Postponement of Hearing {#sec-13-ncac-10-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0502}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0503 Failure to Appear {#sec-13-ncac-10-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0503}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0504 Payment of Fees and Mileage to Witnesses: Court Reporters {#sec-13-ncac-10-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0504}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0505 Reporter's Fees {#sec-13-ncac-10-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0505}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0506 Transcript of Testimony {#sec-13-ncac-10-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0506}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0507 Duties and Power of Board and Hearing Examiner {#sec-13-ncac-10-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0507}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0508 Disqualification of Member of Board or Hearing Examiner {#sec-13-ncac-10-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0508}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0509 Examination of Witnesses {#sec-13-ncac-10-.0509 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0509}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0510 Affidavits {#sec-13-ncac-10-.0510 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0510}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0511 General Procedures: Depositions in Lieu of Oral Testimony {#sec-13-ncac-10-.0511 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0511}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0512 Exhibits {#sec-13-ncac-10-.0512 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0512}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0513 Rules of Evidence {#sec-13-ncac-10-.0513 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0513}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0514 Burden of Proof {#sec-13-ncac-10-.0514 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0514}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0515 Objections {#sec-13-ncac-10-.0515 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0515}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0516 Filing of Briefs: Oral Arguments {#sec-13-ncac-10-.0516 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0516}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0601 Decisions of Hearing Examiner {#sec-13-ncac-10-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0601}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0602 Review {#sec-13-ncac-10-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0602}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0603 Stay of Final Order {#sec-13-ncac-10-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0603}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0604 Oral Argument Before the Board {#sec-13-ncac-10-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0604}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0605 Judicial Review {#sec-13-ncac-10-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0605}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0701 Settlement {#sec-13-ncac-10-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0701}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0702 Expedited Proceeding {#sec-13-ncac-10-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0702}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0703 Standards of Conduct {#sec-13-ncac-10-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0703}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0704 Ex Parte Communication {#sec-13-ncac-10-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0704}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0705 Restrictions on Participation by Commissioner {#sec-13-ncac-10-.0705 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0705}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0706 Inspection and Reproduction of Documents {#sec-13-ncac-10-.0706 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0706}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0707 Restrictions with Respect to Former Employees {#sec-13-ncac-10-.0707 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0707}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0708 Amendments to Rules {#sec-13-ncac-10-.0708 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0708}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0709 Special Circumstances: Waiver of Rules {#sec-13-ncac-10-.0709 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0709}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
13 NCAC 10 .0710 Penalties {#sec-13-ncac-10-.0710 omnilex-key=us-nc-regs-official--title-13--13 NCAC 10 .0710}

History

  • Status: expired
  • Authority G.S. 95-135
  • Eff. March 15, 1978
  • Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.

Chapter 11 Private Employment Agency Division (Repealed)

13 NCAC 11 .0101 Employment Agency {#sec-13-ncac-11-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0101}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0102 Accept {#sec-13-ncac-11-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0102}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0103 Agency {#sec-13-ncac-11-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0103}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0104 Applicant {#sec-13-ncac-11-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0104}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0105 Charge {#sec-13-ncac-11-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0105}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0106 Client {#sec-13-ncac-11-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0106}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0107 Commissioner {#sec-13-ncac-11-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0107}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0108 Complaint {#sec-13-ncac-11-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0108}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0109 Contract {#sec-13-ncac-11-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0109}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0110 Department {#sec-13-ncac-11-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0110}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0111 Employee {#sec-13-ncac-11-.0111 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0111}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0112 Employer {#sec-13-ncac-11-.0112 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0112}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0113 Employment {#sec-13-ncac-11-.0113 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0113}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0114 Employment Counselor {#sec-13-ncac-11-.0114 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0114}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0115 Fee {#sec-13-ncac-11-.0115 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0115}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0116 Job Order {#sec-13-ncac-11-.0116 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0116}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0117 Licensee {#sec-13-ncac-11-.0117 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0117}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0118 Manager {#sec-13-ncac-11-.0118 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0118}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0119 Owner {#sec-13-ncac-11-.0119 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0119}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0120 Person {#sec-13-ncac-11-.0120 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0120}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0121 Premises {#sec-13-ncac-11-.0121 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0121}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0122 Refer {#sec-13-ncac-11-.0122 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0122}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0201 Types of Employment Agency Licenses {#sec-13-ncac-11-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0201}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0202 Application: Initial License to Operate Employment Agency {#sec-13-ncac-11-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0202}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0203 Action on Application for Agency License {#sec-13-ncac-11-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0203}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0204 Effective Period of Agency Licenses: Renewal of Licenses {#sec-13-ncac-11-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0204}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0205 Temporary License After Change of Ownership {#sec-13-ncac-11-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0205}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0206 Display of License {#sec-13-ncac-11-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0206}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0207 License Not Transferable {#sec-13-ncac-11-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0207}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0208 Change of Location {#sec-13-ncac-11-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0208}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0209 Return of License {#sec-13-ncac-11-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0209}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0210 Appeal of License Denial {#sec-13-ncac-11-.0210 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0210}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0301 Investigations {#sec-13-ncac-11-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0301}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0302 Agency Responsible for Conduct of Representatives {#sec-13-ncac-11-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0302}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0303 Warnings and Citations {#sec-13-ncac-11-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0303}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0304 Notice of Violation {#sec-13-ncac-11-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0304}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0305 Revocation of License {#sec-13-ncac-11-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0305}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0306 Hearings {#sec-13-ncac-11-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0306}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0307 Complaints {#sec-13-ncac-11-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0307}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0308 Public Records {#sec-13-ncac-11-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0308}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0309 Review of Agencies That Make a Charge Prior to Placement {#sec-13-ncac-11-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0309}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0310 Precedence Over Other Regulations {#sec-13-ncac-11-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0310}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0401 Applicable Regulations {#sec-13-ncac-11-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0401}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0402 Supervision by Manager {#sec-13-ncac-11-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0402}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0403 Information to Be Filed with Department {#sec-13-ncac-11-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0403}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0404 Advisory Council {#sec-13-ncac-11-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0404}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0501 Job Orders {#sec-13-ncac-11-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0501}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0502 Contracts {#sec-13-ncac-11-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0502}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0503 Advertising and Publication {#sec-13-ncac-11-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0503}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0504 Fees {#sec-13-ncac-11-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0504}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0505 Referrals {#sec-13-ncac-11-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0505}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0506 Other Prohibited Practices {#sec-13-ncac-11-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0506}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0507 Agency Records {#sec-13-ncac-11-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0507}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0601 Renewal of Licenses Issued Under Previous Regulations {#sec-13-ncac-11-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0601}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.
13 NCAC 11 .0602 Regulations Applicable {#sec-13-ncac-11-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 11 .0602}

History

  • Status: repealed
  • Authority G.S. 95-39
  • Eff. June 1, 1979
  • Repealed Eff. July 1, 1988.

Chapter 12 Wage and Hour

13 NCAC 12 .0101 Wage and Hour Division {#sec-13-ncac-12-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0101}

History

  • Status: repealed
  • Authority G.S. 95-25.17
  • Eff. November 1, 1980
  • Amended Eff. November 1, 1988; July 1, 1988
  • Repealed Eff. April 1, 1999.
13 NCAC 12 .0102 State and Federal Laws and Interpretations Available {#sec-13-ncac-12-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0102}

Copies of state and federal laws which are incorporated by reference in the Wage and Hour Act will be available for inspection in the office of the Department of Labor. Copies of judicial and administrative interpretations and rulings established under the federal law which will be used as a guide for interpreting the North Carolina law and which will be controlling for enforcement purposes will also be available for inspection in the office of the Department of Labor.

History

  • Authority G.S. 95-25.17; 95-25.19
  • Eff. November 1, 1980
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0103 Federal Law as Guide {#sec-13-ncac-12-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0103}

Where the legislature has adopted the language or terminology of the Fair Labor Standards Act (F.L.S.A.) for the purpose of facilitating and simplifying compliance by employers with both the federal and state labor laws, or has incorporated a federal act by reference, the Department of Labor will look to the judicial and administrative interpretations and rulings established under the federal law as a guide for interpreting the North Carolina law. Such federal interpretations will therefore be considered persuasive and will carry great weight as a guide to the meaning of the North Carolina provisions and will be controlling for enforcement purposes. However, where there are intentional differences in the language of the North Carolina statutes, or where the laws of this State or the authority granted to the Commissioner of Labor of North Carolina require a different interpretation, the federal decisions will not be binding on the Department.

History

  • Authority G.S. 95-25.17; 95-25.19
  • Eff. November 1, 1980
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0104 Forms {#sec-13-ncac-12-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0104}

History

  • Status: repealed
  • Authority G.S. 95-25.3; 95-25.5; 95-25.17; 95-25.19; 95-25.22
  • Eff. November 1, 1980
  • Amended Eff. February 1, 1982
  • Repealed Eff. April 1, 1999.
13 NCAC 12 .0201 Subminimum Wage: Students: Learners: Apprentices: Etc. {#sec-13-ncac-12-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0201}

History

  • Status: repealed
  • Authority G.S. 95-25.3
  • Eff. November 1, 1980
  • Repealed Eff. February 1, 1982.
13 NCAC 12 .0202 Disabled Worker Certification {#sec-13-ncac-12-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0202}

(a) For purposes of this Rule, a "disabled worker" means an individual whose earning capacity is impaired by age or physical or mental deficiency or injury for the work he is to perform.

(b) An application for the issuance of a disabled worker certificate establishing a subminimum wage rate for an individual for a particular job may be made by an employer with the Administrator of the Wage and Hour Bureau and must include:

(1) the name, address and nature of the business of the employer;

(2) a description of the occupation at which the worker is to be employed;

(3) the nature of the worker's disability and its relation to his work;

(4) the wage the employer proposes to pay the worker (as a percentage of the State minimum wage);

(5) signatures of the employer and the worker; and

(6) certification of the applicant's disability by the Division of Employment and Independence for People with Disabilities of the Department of Health and Human Services.

(c) If the proposed subminimum wage is less than 50 percent of the applicable minimum wage, the application and evidence must establish that the individual has multiple disabilities or is so severely impaired that his earning or productive capacity would not yield wages equal to at least 50 percent of the minimum wage if compensated at wage rates which are commensurate with those for non-disabled workers in industry in the vicinity for essentially the same type, quality, and quantity of work.

(d) To determine whether the facts justify the issuance of a certificate, the Administrator may require the submission of additional information and may require the worker to take a medical examination.

(e) A Disabled Worker Certificate shall be issued by the Administrator only if a proper application has been made and the facts show:

(1) A special subminimum wage is necessary to prevent curtailment of the worker's opportunities for employment.

(2) The earning or productive capacity of the worker for the work he is to perform is impaired by age or physical or mental deficiency or injury.

(3) The wage rate requested reflects adequately the individual worker's earning or productive capacity and is not less than 50 percent of the applicable minimum wage, unless a lower rate is justified in accordance with (c) of this Rule.

(4) In an establishment or a vicinity where non-disabled employees are employed at piece rates in the same occupation, the disabled worker will be paid at least the same piece rates or at the hourly rate specified in the certificate, whichever is greater.

(f) When a certificate is issued, the subminimum wage rate shall be established as a percentage of the State minimum wage, so that the disabled worker's wage rate will adjust automatically with changes in the State minimum wage without reissuance of a new certificate. Copies of the certificate shall be transmitted to the employer and the worker. The employer shall keep, maintain and have available for inspection a copy of the certificate.

(g) A certificate shall not be issued retroactively and shall be issued for a period of three years, subject to renewal by the Administrator. The terms of a certificate, including wage rate, may be amended by the Administrator upon written notice to the parties concerned, if the facts justify such an amendment. A certificate expires automatically when there is a substantial change in the job description, employment is terminated, or due to a change in circumstances the Administrator determines that the certificate or the subminimum wage rate set by the certificate no longer complies with the requirements of this Rule.

(h) Any person aggrieved by an action of the Administrator pursuant to this Rule may, within 15 days after such action, file with the Administrator a written petition for review setting forth the grounds. The Commissioner of Labor or his designated hearing officer may conduct a hearing and offer aggrieved persons the opportunity to present data and views pursuant to Chapter 150B, Article 3 of the North Carolina General Statutes. Any person adversely affected by the decision of the Commissioner or his designee may appeal by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General Statutes.

(i) Certificates providing subminimum wage rates for sheltered workshops for persons with disabilities may be issued in accordance with the rules and regulations promulgated under the F.L.S.A. regulating and allowing for the issuance of such certificates.

History

  • Authority G.S. 95-25.3; 95-25.15; 95-25.17; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. January 1, 2007; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016
  • Amended Eff. March 1, 2025.
13 NCAC 12 .0301 Board: Lodging or Other Facilities {#sec-13-ncac-12-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0301}

(a) "Wage" paid to an employee includes the reasonable cost of furnishing employees with board, lodging and other facilities where there is benefit to the employee and the benefit has been received by the employee.

(b) "Other facilities" under this Section must be in the nature of board or lodging. Other facilities include but are not limited to: meals furnished at company restaurants or by hospitals, hotels or restaurants to their employees; meals, dormitory rooms and tuition furnished by a college to its student employees; housing furnished for dwelling purposes; general merchandise furnished at company stores and commissaries (including articles of food, clothing and household effects); fuel furnished for the noncommercial personal use of the employee; transportation furnished employees between their homes and work where the travel time does not constitute compensable hours worked and such transportation is not an incident of and necessary to the employment.

(c) Reasonable cost under this Section does not include a profit to the employer or to an affiliated person.

(d) Items which are primarily for the benefit of the employer and which will not be computed as wages include but are not limited to: tools and equipment required by the employer; uniforms, where the business requires the employee to wear a unique or customized uniform; transportation charges where it is an incident of and necessary to the employment.

History

  • Authority G.S. 95-25.2; 95-25.19
  • Eff. November 1, 1980
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0302 Computation of Reasonable Cost {#sec-13-ncac-12-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0302}

(a) For the purpose of calculating the wage paid to an employee, in an establishment which regularly provides meals to the public, the reasonable cost of furnishing employees meals will be computed as 50 percent of the established retail rate for the meals. In establishments without an established retail rate, the cost will be computed as 50 percent of the retail rate charged for comparable meals of like quality and kind within the community.

(b) With respect to lodging furnished to an employee, the employer may count as wages the full retail cost of the facilities furnished. Where there is no retail cost, the employer may compute the retail rate charged for comparable services of like quality within the community.

(c) In order to include the reasonable cost of board, lodging or other facilities as a wage paid to an employee, the employer must keep accurate and complete records of the board, lodging and other facilities provided to the employee. Obtaining the signature or initials of the employee monthly or for each pay period on a written record which specifies dollar amounts constitutes acknowledgement by the employee of receipt of such benefits, and subject to the other provisions of this Section, these costs will be computed as wage compensation. Where permanent lodging is provided for an employee, a blanket acknowledgement may be signed by the employee when the employee begins residence so long as the acknowledgement specifies a dollar amount which is to be credited as wages.

(d) Homes for dependent children with live-in employees who are exempt from overtime and recordkeeping provisions pursuant to G.S. 95-25.14(c)(6), may contract with any resident employee to pay such employee an annual wage of 2,080 times the minimum wage. Such a contract shall satisfy the requirements of the minimum wage law, but the employer shall not be entitled to any additional credits for meals and lodging.

History

  • Authority G.S. 95-25.2; 95-25.15; 95-25.19
  • Eff. November 1, 1980
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0303 Tips and Tip Credits {#sec-13-ncac-12-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0303}

(a) Tips are not wages. Tips may be counted toward wages only to the extent set forth in Paragraphs (e), (f) and (g) of this Rule.

(b) A tip shall not include a service charge which the employer requires the customer to pay, no matter what the charge is labeled.

(c) Tips belong to the employee for whom they were left by the customer. Employees and employers may not agree that the employee will surrender tips to the employer. However, if there is a tip pooling arrangement under 95-25.3(f), the employee may be required to surrender tips received for distribution in accord with the tip pooling arrangement.

(d) If a customer pays by credit, charge or debit card and includes a tip for an employee:

(1) the tips so charged accrue to the employee at the time of the charge. The employer shall pay the employee the charged tip no later than the payday for the pay period in which the customer signs the charge; and

(2) employers may retain from the tips an amount up to or equal to the pro rata portion of the fee charged by the card issuing company which is attributable to the tips. When employers make such retentions, they do so without violating G.S. 95-25.6 and without becoming disqualified from claiming the tip credit on the charged tip.

(e) In order for an employer to claim a tip credit toward the minimum wage:

(1) the employee must be a tipped employee within the meaning of the Act;

(2) the employer shall notify the employee in accordance with G.S. 95-25.13 if the employer intends to claim the tip credit; and

(3) the employee must retain all tips, subject to any valid tip pooling arrangement as described in Paragraph (h) of this Rule.

(f) The following records shall be kept by the employer for each employee for whom a tip credit is claimed:

(1) Complete and accurate records of the amount of tips received for each workweek as such tips are certified by the employee monthly or for each pay period. The employee certification is the employee's signature or initials on the employer's records. Certification shall occur either monthly or for each pay period. The sole exception to this requirement is set forth in Paragraph (g) of this Rule. An employee's acceptance of wages from the employer shall not constitute certification by the employee of tips received;

(2) The amount claimed by the employer as tip credit for each employee for each workweek;

(3) For each employee participating in a tip pool, for each workweek, the amount of contributions to the tip pool; and

(4) For each employee participating in a tip pool, for each workweek, the amount received from the tip pool.

(g) If the employee refuses to certify or to certify accurately and completely the amount of tips received, a tip credit may be claimed if the employer:

(1) meets the requirements of Paragraphs (e)(3) and (f) of this Rule; and

(2) can demonstrate with written documentation for each workweek for which a credit is claimed:

(A) that the tipped employee certifies having received tips in the amount for which the credit is taken, or

(B) that a similarly situated tipped employee received tips in the amount for which the credit is taken, or

(C) by other method which reliably establishes that the tipped employee regularly receives tips in the amount for which the credit is taken.

(h) "Tip pooling" as used in G.S. 95-25.3(f) is an arrangement in which all or a part of the tips of the contributing employees are combined into a common pool and then divided among the participating employees according to a pre-determined formula. An employee's share of a tip pool is that portion of the total amount in the pool which the employee receives. A tip pooling arrangement is valid under G.S. 95-25.3(f) when:

(1) the contributing employees are notified of the arrangement before the pay period in which it will be used;

(2) the share of each contributing employee is at least 85% of the employee's tips before the employee contributes to the tip pool; and

(3) only employees who customarily and regularly receive tips receive a share from the pool.

The requirement of 95-25.6 that the employer pay "tips accruing to the employee" shall be satisfied if the employee in a tip pooling arrangement receives 85% of the employee's actual tips before pooling or the employee's share received from the pool, whichever is greater. By complying with Subparagraph (h)(2) of this Rule, the employer has also satisfied the provision of G.S. 95-25.3(f) requiring the employer to allow the tipped employee to retain all tips.

History

  • Authority G.S. 95-25.3; 95-25.6; 95-25.13; 95-25.15; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0304 Withholding of Wages {#sec-13-ncac-12-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0304}

(a) Employers shall furnish each employee an itemized statement indicating the amount and purpose of all deductions, diversions, payments or withholding of wages for each pay period in which deductions or recoupments are made.

(b) "Criminal process," as that term is used in G.S. 95-25.8(e), means any citation, criminal summons, warrant for arrest, or order for arrest, issued by a justice, judge, magistrate, clerk of court, or law enforcement officer for the purpose of requiring a person to appear in court and answer to allegations of a cash shortage, inventory shortage, or damage to an employer's property based upon a showing of probable cause supported by oath or affirmation.

History

  • Authority G.S. 95-25.8; 95-25.11; 95-25.13; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. January 1, 2007; April 1, 1999; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0305 Authorization for Withholding of Wages {#sec-13-ncac-12-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0305}

(a) When an authorization is required by the Act, the monetary limitations and time requirements specified in G.S. 95-25.8 of the Wage and Hour Act apply and shall not be waived.

(b) Deductions for the convenience of the employee, as that term is used in G.S. 95-25.8, include savings plans, credit union installments, savings bonds, union or club dues, uniform rental or cleaning not required by the employer, parking and charitable contributions.

(c) A "reasonable opportunity to withdraw," as that term is used in G.S. 95-25.8(a), shall be at least three calendar days from the date of the employer's notice of the actual amount to be deducted or the employee's written notice of withdrawal of the authorization.

(d) In accordance with G.S. 95-25.8(d), advances of wages to the employee or to a third party at the employee's request are considered to be prepayment of wages. A dated receipt, signed by the employee, for the advance of wages, shall be sufficient to show that the advance was requested and made.

(e) Loans from an employer to an employee that are considered to be an advance of wages pursuant to G.S. 95-25.8(d) may include credit advanced for purchasing from the employer items not primarily for the benefit of the employer and personal usage of the employer's property when designated for business use only. Personal loans from a supervisor to a subordinate or loans made by third parties to an employee with payroll deduction arrangements are not an advance of wages.

(f) If an employer underpays wages to an employee as a result of a miscalculation of wages or other bona fide error, the employer shall pay any such underpayment owed as soon as possible upon the discovery of the error and no later than the next regularly scheduled pay day, along with accrued interest at the legal rate set forth in G.S. 24-1 from the date the wages first became due.

(g) Authorizations for deductions that are not permitted by law are invalid. For example:

(1) G.S. 97-21 invalidates agreements by an employee to pay any portion of a premium paid by his or her employer to a workers' compensation insurance carrier;

(2) 13 NCAC 07F .0101(a)(2) requires the employer to provide, at no cost to the employee, all personal protective equipment which the employee does not wear off the jobsite for use off the job.

If an employer withholds or diverts wages for purposes not permitted by law, the employer shall be in violation of G.S. 95-25.6 or G.S. 95-25.7, or both, even if the employee authorizes the withholding in writing pursuant to G.S. 95-25.8(a), because that authorization is invalid.

(h) An employer may obtain a written authorization pursuant to G.S. 95-25.8(a) and include in the authorization a provision for deducting the balance of the unpaid amount from the employee's paycheck in the event the employee separates before the full amount has been collected. If the employer obtains such an authorization, the employer may deduct as much of the balance possible from the final paycheck without having to give the employee notice of the amount and a reasonable opportunity to withdraw his or her authorization as required by G.S. 95-25.8(a), subject to the withholding limitations of G.S. 95-25.8(b).

(i) A wage credit in the form of tips in accordance with Rule .0303 of this Section, or the reasonable costs of meals, lodging or other facilities in accordance with Rule .0301 of this Section, is not a withholding of wages and does not require written authorization pursuant to G.S. 95-25.8(a).

History

  • Authority G.S. 95-25.8; 95-25.11; 95-25.13; 95-25.19
  • Eff. November 1, 1980
  • Legislative Objection Lodged Eff. March 27, 1981
  • Amended Eff. January 1, 2007; April 1, 1999; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0306 Vacation Pay {#sec-13-ncac-12-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0306}

(a) All vacation policies and practices shall address:

(1) How and when vacation is earned so that the employees know the amount of vacation to which they are entitled;

(2) Whether or not vacation time may be carried forward from one year to another, and if so, in what amount;

(3) When vacation time must be taken;

(4) When and if vacation pay may be paid in lieu of time off; and

(5) Under what conditions vacation pay will be forfeited upon discontinuation of employment for any reason.

(b) Ambiguous policies and practices shall be construed against the employer and in favor of employees.

(c) Vacation benefits granted under a policy which does not establish an earning period cannot be reduced or eliminated as a result of a change in policy. An example of such a policy is: "Employees are entitled to one week of vacation per calendar year." If a policy which establishes an earning period or accrual rate is changed, employees are entitled to a pro rata share of the benefits earned under the original policy through the effective date of the change and of the benefits earned under the new policy from the effective date forward, so long as the earning criteria are met under both policies.

History

  • Authority G.S. 95-25.2; 95-25.12; 95-25.13; 95-25.19
  • Eff. November 1, 1980
  • Legislative Objection Lodged Eff. March 27, 1981
  • Amended Eff. January 1, 2007; April 1, 2001; April 1, 1999; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0307 Bonuses, Commissions and Other Forms of Wage Calculation {#sec-13-ncac-12-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0307}

(a) Employers may pay wages based on bonuses, commissions or other forms of calculation as infrequently as annually, if the employees are so notified before earning such wages.

(b) Employers shall notify employees of the employers' policies and practices concerning pay, wages based on bonuses, commissions, or other forms of wage calculation.

(c) Ambiguous policies and practices shall be construed against the employer and in favor of employees.

(d) All policies or practices relating to bonuses, commissions, or other forms of calculation wages shall address:

(1) How and when bonuses, commissions or other forms of calculation wages are earned so that the employees know the amount of bonuses, commissions or other forms of calculation wages to which they are entitled; and

(2) Under what conditions and in what amount bonuses, commissions or other forms of calculation wages will be paid upon discontinuation of employment.

(e) Wages computed under a bonus, commission, or other forms of calculation policy or practice which does not establish specific earning criteria cannot be reduced or eliminated as a result of a change in policy or practice. An example of such a policy is: "Employees earn commissions of xx% on all 'sales' (where sales are not defined by the employer)." If the employer changes a policy or practice which establishes specific earning criteria, the employee is entitled to the bonus, commission or other forms of calculation wages earned under the original policy through the effective date of the change and is entitled to the bonus, commission or other forms of calculation wages earned under the new policy from the effective date forward, so long as the earning criteria are met under both policies.

History

  • Authority G.S. 95-25.6; 95-25.7; 95-25.13; 95-25.19
  • Eff. February 1, 1982
  • Amended Eff. January 1, 2007; April 1, 2001; April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0308 Final Pay for Separated Employees {#sec-13-ncac-12-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0308}

(a) For purposes of G.S. 95-25.7 and these Rules:

(1) "Separated employees" are employees whose employment has been discontinued either voluntarily or involuntarily for any reason.

(2) "The next regular payday" is the payday for the pay period in which the separated employee's employment is discontinued, except for bonuses, commissions and other forms of compensation. "The next regular payday" for bonuses, commissions and other forms of compensation is the first regular payday for the pay period in which such wages become calculable.

(b) If an employee requests that the employee's final paycheck be mailed, the employer shall mail the paycheck to the employee at the employer's expense. Employers shall not withhold the final paycheck because the employee refuses to come to the business office or place of employment to pick up the paycheck. The employer may require the employee to provide a notarized or witnessed written request for the mailing of the final paycheck.

(c) If a final paycheck mailed at the employee's request:

(1) Is lost or stolen before the employee receives it, the employer shall replace the paycheck upon request of the employee. The employer shall not deduct costs related to replacing the check without written authorization from the employee in accordance with Rule .0305 of this Section.

(2) Is lost or stolen after the employee receives it, the employer shall replace the paycheck upon request of the employee. The employer may deduct costs related to replacing the paycheck without a written authorization from the employee. "Costs of replacing the paycheck" shall include the cost of stopping payment on the lost or stolen check.

(d) An employer owes the employee the wages due until the employee receives the final paycheck. However, if the check is dishonored by the financial institution against which it is drawn, then the employer's obligation to pay the wages remains.

History

  • Authority G.S. 95-25.2; 95-25.6; 95-25.7; 95-25.7A; 95-25.8; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0309 Form of Payment of Wages {#sec-13-ncac-12-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0309}

G.S. 95-25.6 and G.S. 95-25.7 do not require a specific form of payment. Therefore, the employer may select any legal form of payment, so long as payment is made in full on the designated payday, subject to authorized deductions and legal withholdings. Acceptable forms of payment include cash, money order, negotiable checks, and direct deposit into an institution whose deposits are insured by the United States government or an institution selected by the employee.

History

  • Authority G.S. 95-25.2; 95-25.6; 95-25.7; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0310 "other Amounts Promised" as Wages {#sec-13-ncac-12-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0310}

"Other amounts promised" as that term is used in G.S. 95-25.2(16) are those amounts which the employer has promised or has a policy or practice of paying and shall include, but are not limited to, travel expenses, holiday pay, birthday pay, jury duty pay, shift premium pay, prizes, moving expenses, educational expenses, or telephone expenses.

History

  • Authority G.S. 95-25.2; 95-25.6; 95-25.7; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0401 Certification of Youths {#sec-13-ncac-12-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0401}

(a) Unless exempted by the Wage and Hour Act, all employees under 18 years of age must obtain a youth employment certificate prior to starting work. Where there is no employer-employee relationship, a youth is not employed as a worker and a certificate is not required.

(b) Youths who reside in homes for dependent children may perform domestic activities without being considered employees. Such activities include personal care, maintenance of living quarters, work around the residence or its farm and other activities normally performed by children when living at home and under direct parental control.

(c) A youth employment certificate is valid only for the employer specified on the certificate. This certificate is valid at all locations of this employer. A new certificate must be obtained for each new employer. A certificate remains valid for a youth who terminates employment but then resumes work at the same place of employment.

History

  • Authority G.S. 95-25.5; 95-25.14; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. April 1, 2001; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0402 Application for a Youth Employment Certificate {#sec-13-ncac-12-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0402}

(a) A youth employment certificate may be obtained:

(1) electronically from the Department of Labor; or

(2) from the county director of social services' office in the county in which the youth resides or the county in which the youth intends to work, or from a designee outside the social services' office in the county in which the youth resides or the county in which the youth intends to work who has been approved to issue youth employment certificates pursuant to 13 NCAC 12 .0407.

(b) Proof of Age.

(1) If the youth employment certificate is obtained electronically, the employer shall verify the age of the youth.

(2) If the youth employment certificate is not obtained electronically, the youth must provide proof of age by means of one of the following:

(A) A birth certificate;

(B) Evidence from the bureau of vital statistics in the state in which the youth was born;

(C) Any state driver's license, learner's permit, or state-issued identification card;

(D) Passport;

(E) School records or insurance records; or

(F) Other documentary evidence determined as equivalent by the Wage and Hour Bureau.

(c) A youth employment certificate obtained pursuant to Paragraph (a) of this Rule shall not be valid unless it is signed by the youth and by a parent, guardian, custodian, or other person standing in loco parentis and by the employer. In the event that a final decree of emancipation has been issued for the youth by a court of competent jurisdiction pursuant to G.S. 7B, Article 35, the youth may sign the certificate without the approval of a parent, guardian or custodian, or other person standing in loco parentis.

History

  • Authority G.S. 95-25.5; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. January 1, 2007; February 1, 2004; April 1, 2001
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0403 Review: Issuance and Maintenance of Certificates {#sec-13-ncac-12-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0403}

(a) The county director of social services, approved designee or the Department of Labor shall review the youth employment certificate to see that it is complete and shall ascertain the age of the youth by the means prescribed in Rule .0402 of this Section and the permissibility of employment based on type of employment and prohibitions in G.S. 95-25.5 and the child labor provisions of the F.L.S.A.

(b) The county director of social services, approved designee or Department of Labor shall sign, date and issue the certificate. The employer's copy of the certificate shall be given to the youth. Certificates shall not be issued if:

(1) The proposed employment does not comply with all statutory requirements and prohibitions, and all rules adopted under this Section; or

(2) The proposed employment will be in violation of the F.L.S.A. and all rules promulgated thereunder.

(c) The county director of social services shall send one copy of each certificate to the Wage and Hour Bureau within one week of issuance, and shall maintain one copy of each certificate on file for two years following the date of issuance.

(d) The employer's copy of the youth employment certificate must be given to the employer by the youth on or before the first day of employment. The employer shall not employ a youth until the employer has received its copy of the issued certificate. The employer shall maintain the certificate on record where it is readily accessible to any person authorized to inspect or investigate youth employment. The employer shall maintain the certificate on record so long as the youth is employed thereunder and for two years after the employment terminates.

(e) The employer or youth may request a review of the denial of a certificate by written or oral request to the Wage and Hour Bureau. Appeals of the review decisions rendered must be made in writing within 15 days to the Wage and Hour Administrator who shall issue a written decision. Any person adversely affected by the Administrator's decision may appeal by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General Statutes.

History

  • Authority G.S. 95-25.5; 95-25.14; 95-25.15
  • Eff. November 1, 1980
  • Amended Eff. January 1, 2007; April 1, 2001; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0404 Waiver {#sec-13-ncac-12-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0404}

(a) When an application for a waiver of any youth employment provision is received, if the proposed employment is in the best interest of the youth and his health and safety will not be adversely affected, the Department shall issue a waiver for the youth.

(b) Any person adversely affected by a decision of the Department may appeal by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General Statutes.

History

  • Authority G.S. 95-25.5; 95-25.17
  • Eff. November 1, 1980
  • Amended Eff. January 1, 2007; July 1, 1988
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0405 Revocation {#sec-13-ncac-12-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0405}

(a) The Administrator of the Wage and Hour Bureau or his designated representative shall review the issuance of all youth employment certificates by county social services directors. If upon review, or because of any other circumstance, the Administrator determines a certificate has been issued in violation of the youth employment provisions or the rules adopted thereunder, he shall notify the youth, the county social service director and the employer of the youth that the certificate is being revoked and shall specify the reasons for the revocation.

(b) If the certificate is revoked, the employer shall cease to employ the youth and shall return the certificate to the Administrator of the Wage and Hour Bureau or to the county social service director, who shall forward it to the Wage and Hour Administrator.

(c) The employer or youth may object to the revocation by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General Statutes. Even if a petition for a hearing is filed, the certificate must be returned and the employment must cease pursuant to Paragraph (b) of this Rule.

History

  • Authority G.S. 95-25.5; 95-25.17
  • Eff. November 1, 1980
  • Amended Eff. January 1, 2007; July 1, 1988
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0406 Detrimental Occupations {#sec-13-ncac-12-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0406}

(a) The following occupations are found and declared to be detrimental to the health and well-being of youths. No youth under 18 years of age may be employed by an employer in these detrimental occupations:

(1) Welding, brazing and torch cutting as defined in the Occupational Safety and Health Administration (OSHA) General Industry Standards, 29 CFR 1910. 251 through 255 and OSHA Construction Standards, 29 CFR 1926.350 through 354;

(2) Any processes where quartz or any other form of silicon dioxide or an asbestos silicate is present in powdered form;

(3) Any work involving exposure to lead or any of its compounds in any form;

(4) At any work involving exposure to benzene or any benzene compound which is volatile or which can penetrate the skin;

(5) Occupations in canneries, seafood and poultry processing establishments which involve the use, setting up, adjusting, repairing, or cleaning of cutting or slicing machines, or freezing or packaging activities;

(6) Any work which involves the risk of falling a distance of 10 feet or more, including the use ladders and scaffolds;

(7) Any work as an electrician or electrician's helper;

(8) Any work in confined spaces as defined by OSHA General Industry Standard, 29 CFR 1910.146 and OSHA Construction Standard, 29 CFR 1926.21;

(9) Occupations in which the use of a respirator is required by OSHA General Industry Standard, 29 CFR 1910.134 or OSHA Construction Industry Standards, 29 CFR 1926.

(b) Youths and employers working under the supervision of bona fide apprenticeship and student-learner programs, as defined by the Fair Labor Standards Act and the rules and regulations promulgated thereunder, are exempt from the prohibition against employment of youths in detrimental occupations.

History

  • Authority G.S. 95-25.5; 95-25.19
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0407 Designation of Youth Employment Certificate Issuers {#sec-13-ncac-12-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0407}

(a) County directors of social services may, subject to approval by the Commissioner of Labor, designate personnel outside their staffs to issue youth employment certificates. Requests for designee approval shall be made on the Department of Labor form provided to each DSS office.

(b) The Commissioner of Labor shall approve the designation only if:

(1) The designee is an employee of a State or local government agency, a public, private or charter school, or a private non-profit organization which assists in placing youths into jobs at no cost to the youths;

(2) The designee and the designee's employer have consented to the designation and the conditions for designation in Paragraph (c) of this Rule; and

(3) The designee has received training provided by the Department of Labor or training which has been approved as equivalent by the Department.

(c) The Department of Labor approval of a designee shall be made upon the agreement of the designee and the designee's employer to the following conditions:

(1) Neither the designee nor the designee's employer shall be entitled to receive any funding from the county department of social services or the Department of Labor for performing the functions of a designee;

(2) The designee may not issue any youth employment certificate to a youth for a job with the designee's employer;

(3) Neither the designee nor the designee's employer may charge a fee in connection with the issuance of any youth employment certificate; and

(4) The designee shall take training provided by the Department of Labor or training which has been approved as equivalent by the Department.

(d) Department of Labor approval of a designee shall be terminated upon:

(1) Failure of the designee or the designee's employer to abide by the conditions listed in Paragraph (c) of this Rule;

(2) Written resignation by the designee;

(3) Separation from employment with the agency, institution or organization with whom the designee was employed at the time of approval;

(4) Written withdrawal of the designee's employer's consent;

(5) Written withdrawal of the designation by the county director of social services; or

(6) Written withdrawal of the approval by the Commissioner of Labor.

History

  • Authority G.S. 95-25.5; 95-25.19
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0408 Definitions Relative to Abc Restrictions {#sec-13-ncac-12-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0408}

(a) For purposes of G.S. 95-25.5(j) and the Rules in this Chapter, and in addition to the definitions promulgated by the NC Alcoholic Beverage Control Commission in 04 NCAC 02S, the following terms are defined:

(1) Prepare: To make ready; or to put together by combining various elements or ingredients.

(2) Serve: To supply; or to place before the customer.

(3) Dispense: To pour; or to draw from a tap.

(4) Sell: To offer; to accept the order for; to exchange or deliver for money or equivalent; or to handle payment.

(5) Premises: The building or area of a building plus any other property immediately adjacent to it that forms a component or integral part of the business for which the permit was issued.

(6) Outside Grounds: The land immediately adjacent to the building or area of a building that forms a component or integral part of the business for which the permit was issued.

(7) ABC Permit for On-Premises Sale or Consumption: A written or printed authorization issued by the NC Alcoholic Beverage Control Commission pursuant to G.S. 18B and 04 NCAC 02, that authorizes the consumption of alcoholic beverages on the premises of the business for which the permit was issued.

History

  • Authority G.S. 95-25.5; 95-25.19
  • Eff. March 1, 2001
  • Amended Eff. January 1, 2004
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0409 Parental Exemption {#sec-13-ncac-12-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0409}

History

  • Status: repealed
  • Authority G.S. 95-25.5; 95-25.19
  • Eff. April 1, 2001
  • Repealed Eff. January 1, 2007.
13 NCAC 12 .0501 Exemptions {#sec-13-ncac-12-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0501}

(a) G.S. 95-25.14(a)(1) provides an exemption from the minimum wage, overtime, youth employment and related record keeping requirements of the Wage and Hour Act for any person employed in an "enterprise" as defined by the F.L.S.A. Persons who are not employed by an "enterprise", but who are subject to the F.L.S.A. because they are engaged in commerce or in the production of goods for commerce are subject to both the F.L.S.A. and the Wage and Hour Act, unless otherwise exempted.

(b) Pursuant to G.S. 95-25.14(a)(1)(c), where the F.L.S.A. provides an exemption from child labor, minimum wage, or overtime (other than an exemption providing for an alternate method of computing overtime), but the Wage and Hour Act does not provide the same exemption, the provisions of the Wage and Hour Act apply. Examples of such federal exemptions include:

(1) Minimum wage and overtime exemptions under the F.L.S.A.:

(A) Seasonal amusement or recreational establishments as specified in 29 U.S.C. 213(a)(3);

(B) Small newspapers as specified in 29 U.S.C. 213(a)(8); and

(C) Small public telephone companies as specified in 29 U.S.C. 213(a)(10).

(2) Overtime exemptions under the F.L.S.A.:

(A) Outside buyers of poultry, eggs, and milk as specified in 29 U.S.C. 213(b)(5);

(B) Small grain elevators as specified in 29 U.S.C. 213(b)(14);

(C) Maple sugar or syrup processors as specified in 29 U.S.C. 213(b)(15);

(D) Employees engaged in intra-state transportation of fruits or vegetables as specified in 29 U.S.C. 213(b)(16);

(E) Motion picture theaters as specified in 29 U.S.C. 213(b)(27);

(F) Small lumbering or forestry operations as specified in 29 U.S.C. 213(b)(28); and

(G) Newspaper carriers and makers of wreaths composed of natural materials as specified in 29 U.S.C. 213(d).

(c) Pursuant to G.S. 95-25.14(a)(1)(c), where an F.L.S.A. exemption provides an alternate method for computing overtime, persons subject to that exemption are also exempted from the overtime provisions of the Wage and Hour Act. Moreover, persons covered only by the overtime provisions of the Wage and Hour Act are subject to the same alternate methods of overtime calculation. Examples of such F.L.S.A. exemptions include:

(1) Petroleum distributors as specified in 29 U.S.C. 207(b)(3);

(2) Employees who work irregular hours and are paid a guaranteed salary as specified in 29 U.S.C. 207(f);

(3) Piece rate workers as specified in 29 U.S.C. 207(g);

(4) Commissioned inside salespersons in retail as specified in 29 U.S.C. 207(i);

(5) Employees of hospitals, nursing homes, old age homes as specified in 29 U.S.C. 207(j):

(6) Seasonal employees at tobacco warehouses and auctions as specified in 29 U.S.C. 207(m);

(7) Bus drivers as specified in 29 U.S.C. 207(n);

(8) Employees of concessionaires in national parks as specified in 29 U.S.C. 213(b)(29);

(9) Seasonal employees in cotton ginning, sugarcane or sugar beet processing as specified in 29 U.S.C. 213(h);

(10) Seasonal employees in local cotton ginning as specified in 29 U.S.C. 213(i); and

(11) Seasonal employees in sugar processing as specified in 29 U.S.C. 213(j).

(d) The statutory exemption from certain wage and hour provisions for the spouse, child, parent or dependent of the employer applies equally to the spouse, child, parent or dependent of corporate officers. For the purposes of this Section only, corporate officers are those who directly head the establishment and:

(1) are majority stockholders, or

(2) are principal stockholders with voting control, or

(3) are in voting control through stock ownership or with joint ownership of spouse or family.

(e) Homes for dependent children pursuant to G.S. 95-25.14(c)(6) include institutions and group homes for dependent children.

History

  • Authority G.S. 95-25.14; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0502 Counting Employees {#sec-13-ncac-12-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0502}

History

  • Status: repealed
  • Authority G.S. 95-25.14; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. July 1, 1988
  • Repealed Eff. April 1, 1999.
13 NCAC 12 .0601 Complaints {#sec-13-ncac-12-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0601}

The complaint required by G.S. 95-25.15 to initiate a wage payment investigation of an F.L.S.A. covered establishment shall be made by contacting the Wage and Hour Bureau's complaint desk. All complaints shall be reduced to written form by the Wage and Hour Bureau.

History

  • Authority G.S. 95-25.15; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. May 1, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0602 Investigations {#sec-13-ncac-12-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0602}

(a) The Commissioner shall afford the employer an opportunity to bring to the Commissioner's attention any information pertinent to the possible violations under investigation and any computation of wages possibly due an employee. The employer's failure to timely bring to the Commissioner's attention such information will not prevent the Commissioner from proceeding to a determination.

(b) The Commissioner shall notify the employer of the Commissioner's findings in accordance with Rule .0604 of this Section.

History

  • Authority G.S. 95-25.15; 95-25.16; 95-25.17; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0603 Supervision of Payment {#sec-13-ncac-12-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0603}

History

  • Status: repealed
  • Authority G.S. 95-25.16; 95-25.17; 95-25.19; 95-25.22
  • Eff. November 1, 1980
  • Repealed Eff. April 1, 1999.
13 NCAC 12 .0604 Administrative Remedies {#sec-13-ncac-12-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0604}

(a) For purposes of 95-25.22(g), "exhausting administrative remedies" means that the Commissioner shall:

(1) Investigate the alleged violations of the Act and afford the employer the opportunity to present evidence in its defense during such investigation; and

(2) Notify the employer and complainant(s), after completion of the investigation, of:

(A) The violations found and amounts found due; and

(B) The employer's right to be heard further in the matter; and

(3) Hear any additional evidence presented by the employer exercising its right to be heard further as set forth in Paragraphs (b) and (c) of this Rule; and

(4) Notify the employer of any pending action.

(b) Employers wishing to exercise the right to be heard further shall:

(1) Notify the Commissioner, within 14 days from the date the Commissioner notified the employer of the findings. The 14 days begins on the date the Commissioner mailed notification to the employer pursuant to Subparagraph (a)(2) of this Rule. The employer may notify the Commissioner either orally or in writing.

(2) Present additional evidence to the Commissioner on disputed issues within 14 days from the date the employer notified the Commissioner of its intent to exercise the right to be heard further.

(c) The employer shall waive its right to be heard further if it:

(1) fails to notify the Commissioner in accordance with Subparagraph (b)(1) of this Rule; or

(2) fails to submit evidence in accordance with Subparagraph (b)(2) of this Rule; or

(3) agrees to remedy the violations found and to pay in full the amounts found due.

(d) If the employer presents additional evidence in accordance with Paragraph (b) of this Rule, the Commissioner shall notify the employer and complainant(s) of any modifications which are made to the Commissioner's findings.

(e) For purposes of G.S. 95-25.22(g) and this Rule, the Commissioner shall make all notifications to the last known addresses of the employer and complainants.

History

  • Authority G.S. 95-25.16; 95-25.17; 95-25.19; 95-25.22
  • Eff. November 1, 1980
  • Amended Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0605 Litigation {#sec-13-ncac-12-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0605}

History

  • Status: repealed
  • Authority G.S. 95-25.15; 95-25.17; 95-25.19;. 95-25.20; 95-25.21; 95-25.22
  • Eff. November 1, 1980
  • Repealed Eff. April 1, 1999.
13 NCAC 12 .0701 Civil Penalties {#sec-13-ncac-12-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0701}

(a) Any employer who violates the provisions of G.S. 95-25.5 (Youth Employment), G.S. 95-25.15(b) (Record Keeping) or these Rules is subject to a civil penalty for each violation.

(b) Any person or establishment required to comply with or subject to regulation of child labor under the F.L.S.A. who violates the non-exempt provisions of G.S. 95-25.5, or these Rules is subject to a civil penalty for each violation.

(c) The Commissioner shall determine the amount of all civil penalties in accordance with Rule .0702 of this Section.

(d) In civil penalty cases, the Commissioner shall notify the employer by certified mail of the following:

(1) the nature of the violation;

(2) the amount of the civil penalty; and

(3) that the civil penalty will be final, unless the employer takes exception to the penalty as set forth in G.S. 95-25.23 and G.S. 95-23A of the penalty from the Commissioner.

History

  • Authority: G.S. 95-25.5; 95-25.14; 95-25.17; 95-25.19; 95-25.23; 95-25.23A
  • Eff. November 1, 1980
  • Amended Eff. April 1, 1999; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0702 Civil Penalty Assessment {#sec-13-ncac-12-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0702}

(a) If the Commissioner finds that an employer has violated any of the provisions of G.S. 95-25.5, G.S. 95-25.15(b) or these Rules, the Commissioner may assess a civil penalty for each violation.

(b) The maximum amount of a civil penalty will be based on the nature and the gravity of the violation or violations. Matters which are indications of the gravity of a violation include, but are not limited to:

(1) the likelihood of injury and the seriousness of the potential injuries to which a youth has been exposed;

(2) multiple violations by a business or employer;

(3) recurring violations;

(4) employment of any youth in a hazardous or detrimental occupation without a waiver from the Commissioner;

(5) violations involving youths under fourteen years of age.

(c) The Commissioner shall assess a penalty of:

(1) two hundred fifty dollars ($250.00) if a youth employment certificate would not have been issued because the employment was for a hazardous or detrimental occupation.

(2) one hundred twenty-five dollars ($125.00) if the certificate would not have been issued, but the employment was non-hazardous or non-detrimental.

(3) fifty dollars ($50.00) if a certificate would have been issued but the employer did not have or maintain the certificate.

(d) Reductions in the penalty amount may be made based on the size of a business (number of employees and gross volume) and its past record of compliance with the Wage and Hour Act.

History

  • Authority G.S. 95-25.17; 95-25.19; 95-25.23; 95-25.23A
  • Eff. November 1, 1980
  • Amended Eff. April 1, 1999; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0703 Exceptions to Civil Penalty {#sec-13-ncac-12-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0703}

An employer may take an exception to a civil penalty determination by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General Statutes. The penalty shall be final unless the employer takes exception to the civil penalty determination within 15 days after the employer's receipt of notification of the civil penalty.

History

  • Authority G.S. 95-25.19; 95-25.23
  • Eff. November 1, 1980
  • Amended Eff. April 1, 2007; July 1, 1988
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0801 Records to Be Maintained {#sec-13-ncac-12-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0801}

(a) Every employer shall maintain complete and accurate records which contain the following information for each employee in each workweek, unless the employee is specifically exempted:

(1) Name in full;

(2) Home address, including zip code and phone number;

(3) Date of birth if under 20;

(4) Occupation in which employed or job title;

(5) Time of day and day of week the employee's workweek begins (a group of employees working the same workweek may have one record keeping for the entire group);

(6) Regular rate of pay;

(7) Hours worked each workday;

(8) Total hours worked each workweek;

(9) Total straight-time earnings each workweek;

(10) Total overtime earnings each workweek;

(11) Total additions to or deductions from wages;

(12) Total gross wages paid each pay period;

(13) Date of each payment.

(b) All other records required by statute or rule for the enforcement of any provision of the Wage and Hour Act must also be maintained by the employer. Such records include, but are not limited to, the following: tip credits; costs of meals, lodging or other facilities; start and end time for youth under age 18; youth employment certificates; wage deductions; vacation and sick leave policies; policies and procedures relating to promised wages; and records required to compute wages as defined by G.S. 95-25.2(16).

History

  • Authority G.S. 95-25.13; 95-25.15; 95-25.19
  • Eff. November 1, 1980
  • Amended Eff. April 1, 2001; February 1, 1982
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0802 Record Retention {#sec-13-ncac-12-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0802}

All records, posted notices and writings required by the Wage and Hour Act and the rules and regulations promulgated thereunder must be retained by employers for three years, unless a different period of time is specifically stated elsewhere in this Chapter.

History

  • Authority G.S. 95-25.15; 95-25.19
  • Eff. November 1, 1980
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0803 Scope of Promised Wages {#sec-13-ncac-12-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0803}

For the purposes of G.S. 95-25.13, the term "promised wages" includes all forms of wages as defined in G.S. 95-25.2(16), and any policy or practice that may affect the rate, amount or payment of wages.

History

  • Authority G.S. 95-25.2; 95-25.13; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0804 Notification at Time of Hiring {#sec-13-ncac-12-.0804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0804}

An employee's signature on an employer's written notice of the promised wages which bears the date on which the employee was provided with the notice shall be presumptive evidence of the employer's notification in accordance with G.S. 95-25.13(1).

History

  • Authority G.S. 95-25.13; 95-25.19
  • Eff. April 1, 1999
  • Amended Eff. April 1, 2007
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0805 Notification During Employment {#sec-13-ncac-12-.0805 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0805}

(a) Employers shall satisfy the notice requirements of G.S. 95-25.13(2) by posting or making available to its employees in writing all policies and practices relating to promised wages in a manner, place and time which ensures that employees have ready access to those policies and practices throughout their tenure with the employer and are able to use that information.

(b) Acceptable means of ensuring that the policies and practices are readily accessible to the employees include, but are not limited to:

(1) Providing employees with an up-to-date employee handbook or other written statement of policies and practices with regard to promised wages;

(2) Providing employees with payroll records, including check stubs, for wages promised in the form of hourly pay or salary or other form whose terms are readily identifiable from the payroll records.

(c) The employer shall pay the promised wages to the employee even if the employer has failed to comply with the requirements of G.S. 95-25.13(2). For purposes of G.S. 95-25.13(2) and these Rules, "promised wages" includes wages promised in accordance with an unwritten policy or practice with regard to the wages. The only exception to this Rule is that an employer shall not enforce an unwritten policy or practice resulting in the loss or forfeiture of vacation time or pay, commissions, bonuses or other forms of calculation. The employer shall not deny to any employee any vacation time or pay, commissions, bonuses or other forms of calculation on the basis of the application of an unwritten forfeiture or loss policy or practice.

History

  • Authority G.S. 95-25.6; 95-25.7; 95-25.13; 95-25.15; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0806 Meaning of "maintained in a Place Accessible" {#sec-13-ncac-12-.0806 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0806}

For the purposes of G.S. 95-25.13(2) and (3) and these Rules, the phrase "maintained in a place accessible" applies to the posting and to the writing. "Accessible" with respect to posting means "easily approached and viewed for reading," at a place designated for such purposes and regularly frequented by the affected employees. "Accessible" with respect to the writing means "easily and promptly obtained or viewed for reading" at a place designated for maintaining such writings.

History

  • Authority G.S. 95-25.13; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0807 Methods of Providing Employees with Itemized Statement of Deductions {#sec-13-ncac-12-.0807 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0807}

The employer may provide the itemized statement required by G.S. 95-25.13(4) of deductions under G.S. 95-25.8:

(1) in writing; or

(2) by electronic mail, but only if such a transmission is capable of being printed out as a paper copy by the employee; or

(3) by any other means which supplies the required information in a form the employees can retain in written form.

History

  • Authority G.S. 95-25.13; 95-25.19
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0901 Scope and Address {#sec-13-ncac-12-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0901}

(a) The Commissioner of Labor or her designee administers the provisions of Chapter 64, Article 2 of the North Carolina General Statutes and is responsible for receiving and investigating complaints, conducting hearings and issuing and enforcing orders as required by G.S. 64-27 through G.S. 64-34.

(b) Correspondence relating to Chapter 64, Article 2 of the North Carolina General Statutes or this Section shall be addressed to:

North Carolina Department of Labor

Attn: E-Verify Complaint Administrator

1101 Mail Service Center

Raleigh, North Carolina 27699-1101

History

  • Authority G.S. 64-37
  • Eff. October 1, 2012
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0902 Definitions {#sec-13-ncac-12-.0902 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0902}

In addition to the definitions contained in G.S. 64-25, the following definitions apply throughout this Section:

(1) "Anonymous" means having an unknown or unacknowledged name or origin;

(2) "Date of hire" means the first day that an individual meets the definition of being an "employee" of an "employer" as set forth in G.S. 64-25. When calculating an employee's "date of hire", the days between the employer's offer and the employee's first day of work performance are not counted.

(3) "Determines that the complaint is not false and frivolous," as stated in G.S. 64-30, means the Commissioner or her designee determines there is evidence, beyond mere suspicion or allegation and not based solely on race, religion, gender, ethnicity, or national origin, that the employer has in fact violated G.S. 64-26;

(4) "Employs 25 or more employees" in G.S. 64-25(4), means the employer employs 25 or more employees in this State as of the date of hire of the person for whom it has been alleged that E-Verify was not used for verification of work authorization. When calculating the number of employees, seasonal temporary workers shall not be counted if those workers meet the requirements for exemption as set forth in G.S. 64-26(c);

(5) "Good faith belief" means having some basis in fact or credible information to believe that the employer has violated the provisions of G.S. 64-26.

History

  • Authority G.S. 64-37
  • Eff. October 1, 2012
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0903 Presumption of Compliance {#sec-13-ncac-12-.0903 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0903}

(a) The Commissioner or her designee shall presume that an employer has complied with the provisions of G.S. 64-26 and this Section if the employer verified the work authorization of an employee using E-Verify within three employer business days after the employee's date of hire.

(b) If the Commissioner of Labor or her designee finds that a presumption of compliance exists in accordance with Paragraph (a) of this Rule, the complaint shall be closed by the Commissioner or her designee.

History

  • Authority G.S. 64-37
  • Eff. October 1, 2012
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0904 Filing of Complaints {#sec-13-ncac-12-.0904 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0904}

(a) Complaints may be made on the form available at www.nclabor.com, or verbally by contacting the North Carolina Department of Labor at 1-800-625-2267.

(b) All verbal complaints or complaints filed on a form other than the one prescribed in this Rule shall include the following information:

(1) Complainant's name, address, telephone number, email address (if applicable), and relationship to the employer, unless the complaint is filed anonymously;

(2) Employer's name;

(3) Employer's physical address, mailing address, and telephone number, if available;

(4) Name of business owner or other contact, telephone number, and email address, if available;

(5) Approximate number of employees employed by the employer in the State of North Carolina;

(6) Name(s) of the employee(s) in North Carolina whom the complainant is alleging the employer failed to verify the work authorization of in accordance with G.S. 64-26, if available;

(7) Information which leads the complainant to believe that the employer failed to verify work authorization(s) in accordance with G.S. 64-26; and

(8) Any additional information the complainant considers relevant to support the allegations set forth in the complaint.

(c) A complaint shall not be investigated if:

(1) it is filed against an employer who employs less than 25 employees;

(2) it is based solely on race, religion, gender, ethnicity, or national origin;

(3) sufficient information to proceed with an investigation is not provided at the time of filing pursuant to the provisions of Chapter 64, Article 2 of the North Carolina General Statutes and the provisions of this Section;

(4) within 48 hours of being notified that a complaint has been filed, the employer provides the Commissioner or her designee with written proof of compliance with Chapter 64, Article 2 of the North Carolina General Statutes and the provisions of this Section;

(5) it is based solely upon an employee who was hired prior to the effective date of G.S. 64, Article 2; or

(6) it is based solely upon an employee who meets the criteria of a seasonal temporary worker as set forth in G.S. 64-26(c).

History

  • Authority G.S. 64-37
  • Eff. October 1, 2012
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0905 Hearings {#sec-13-ncac-12-.0905 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0905}

(a) If after an investigation the Commissioner or her designee determines that a complaint is not false and frivolous, the matter shall be referred to hearing before a hearing officer designated by the Commissioner. The hearing officer shall conduct a hearing to determine if a violation of G.S. 64-26 has occurred.

(b) If, after a hearing, it is determined that a violation of G.S. 64-26 has occurred, one of the following actions shall be taken:

(1) If the employee is currently employed, or has been discharged since commencement of the investigation, and it is found that the employer verified the employee's work authorization through the use of E-Verify after initiation of the investigation, the hearing officer shall:

(A) Issue a written order setting forth the violation;

(B) Order the employer to file the affidavit required by G.S. 64-31(a); and

(C) Order payment of any applicable civil penalty as set forth in G.S. 64-31 through G.S. 64-33.

(2) If the employee is currently employed by the employer and the employer has not verified the employee's work authorization through the use of E-Verify since initiation of the investigation, the hearing officer shall:

(A) Issue a written order setting forth the violation;

(B) Order the employer to file the affidavit required by G.S. 64-31(a); and

(C) Order payment of any applicable civil penalty as set forth in G.S. 64-31 through G.S. 64-33.

(3) If the employee is no longer employed by the employer and it is found during the investigation that the employer did not verify the employee's work authorization through the use of E-Verify at any time, the hearing officer shall:

(A) Issue a written order setting forth the violation;

(B) Order the employer to file, within three business days, a signed sworn affidavit stating that the employee is no longer employed by the employer, setting forth the employee's beginning and ending dates of employment, and acknowledging that the employer did not verify the employee's work authorization through the use of E-Verify during the period of employment or otherwise; and

(C) Order payment of any applicable civil penalty as set forth in G.S. 64-31 through G.S. 64-33.

(c) When an order is issued in accordance with Paragraph (b) of this Rule and the employer fails to submit the affidavit required by G.S. 64-31(a) or Part (b)(3)(B) of this Rule within three business days, the hearing officer shall issue a written order for the employer to pay a civil penalty in accordance with G.S. 64-31(b).

(d) If the hearing officer determines that no violation of G.S 64-26(a) exists, the complaint shall be dismissed. Written evidence of the dismissal shall be entered into the case file, the file shall be closed, and no further action shall be taken.

(e) Hearings may be conducted in person or via telephone, at the discretion of the hearing officer.

History

  • Authority G.S. 64-37; 64-38
  • Eff. October 1, 2012
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
13 NCAC 12 .0906 Civil Penalties {#sec-13-ncac-12-.0906 omnilex-key=us-nc-regs-official--title-13--13 NCAC 12 .0906}

(a) In civil penalty cases, the Commissioner shall notify the employer by certified mail of the following:

(1) the nature of the violation;

(2) the amount of the civil penalty; and

(3) that the civil penalty is final, unless the employer takes exception to the penalty determination as set forth in G.S. 64-36 and Paragraph (b) of this Rule.

(b) An employer may take an exception to a civil penalty determination by filing a written petition for a contested case hearing with the Office of Administrative Hearings (OAH) under Chapter 150B, Article 3 of the North Carolina General Statutes.

(c) An employer who takes exception in accordance with Paragraph (b) of this Rule to a civil penalty determination shall serve a copy of the written petition for a contested case on the Commissioner of Labor at the following address:

N.C. Department of Labor

Attn: Commissioner of Labor/2nd Floor, Labor Building

1101 Mail Service Center

Raleigh, N.C. 27699-1101

History

  • Authority G.S. 64-37
  • Eff. October 1, 2012
  • Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.

Chapter 13 Boiler and Pressure Vessel

13 NCAC 13 .0101 Definitions {#sec-13-ncac-13-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0101}

The following definitions shall apply throughout the rules in this Chapter and shall be construed as controlling in case of any conflict with the definitions contained in ANSI/NB-23 National Board Inspection Code Parts 2, 3, and 4, The American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, or The North Carolina State Building Code:

(1) "Accepted Design and Construction Code" means the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (ASME Code), or a comparable code with standards that the Chief Inspector determines to be equivalent to the ASME Code.

(2) "Appurtenance" means any control, fitting, appliance, or device attached to or working in conjunction with the boiler proper or pressure vessel.

(3) "ASME Code" means the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers.

(4) "Audit" means activities, other than certificate inspections, conducted by the Chief Inspector or his or her designee. Audits include the following:

(a) reviews for ASME and National Board certificate issuance and renewal;

(b) audits conducted of an authorized inspector at the location of a manufacturer or repair organization as may be required by the ASME Code, National Board Inspection Code, or National Board Rules for Commissioned Inspectors; and

(c) audits pursuant to evaluation for the issuance of North Carolina Specials.

(5) "Automatically fired boiler" means a boiler that cycles in response to a control system and that does not require a constant attendant for the purpose of introducing fuel into the combustion chamber or to control electrical input. Electricity shall be considered a fuel for electrically fired boilers.

(6) "Authorized Inspection Agency" means an organization employing commissioned inspectors, including the following:

(a) the Bureau, as defined in Item (11) of this Rule.

(b) an inspection agency of an insurance company licensed to write boiler and pressure vessel insurance; or

(c) an owner-user inspection organization that is accredited by the National Board.

(7) "Authorized inspector" means an employee of an Authorized Inspection Agency who is commissioned by the National Board and this State, holds an endorsement on his or her National Board Commission appropriate for the work to be performed, and inspects as the third party inspector in ASME Code manufacturing facilities.

(8) "Boiler," as defined in G.S. 95-69.9(b), includes the following types of boilers:

(a) "Exhibition boiler" means a historical or antique boiler that generates steam or hot water for the purposes of entertaining or educating the public or is used for demonstrations, tourist transportation, or exhibitions. This term includes boilers used in steam tractors, threshers, steam powered sawmills, and similar uses;

(b) "High pressure boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig or water is heated to a temperature greater than 250°F and a pressure greater than 160 psig for use external to itself. High pressure boilers include the following:

(i) Electric boilers;

(ii) Miniature boilers;

(iii) High temperature water boilers; and

(iv) High temperature liquid boilers (other than water);

(c) "Low pressure boiler" means a boiler in which steam or other vapor is generated at a pressure of not more than 15 psig or water is heated to a temperature not greater than 250°F and a pressure not greater than 160 psig, including the following:

(i) "Hot water heating boiler" means a low pressure boiler that supplies heated water that is returned to the boiler from a piping system and is used normally for building heat applications (hydronic boiler);

(ii) "Hot water supply boiler" means a low pressure boiler that furnishes hot water to be used externally to itself; and

(iii) "Steam heating boiler" means a low pressure boiler that generates steam to be used normally for building heat applications;

(d) "Model hobby boiler" means a boiler that generates steam, whether stationary or mobile, and is used for the purpose of entertainment or exhibiting steam technology, where the boiler does not exceed:

(i) 20 square feet of heating surface;

(ii) a shell diameter of 16 inches;

(iii) a volume of 5 cubic feet; and

(iv) a pressure of 150 psig;

(e) "Water heater" means a closed vessel in which water is heated by the combustion of fuel, by electricity, or by any other source, and withdrawn for potable use external to the system at pressures not exceeding 160 psig and temperatures not exceeding 210°F.

(9) "Boiler blowoff" means the system associated with the rapid draining of boiler water to remove concentrated solids that have accumulated as a result of steam generation. This term also applies to the blowoff for other boiler appurtenances, such as the low-water fuel cutoff.

(10) "Boiler proper" or "pressure vessel" means the internal mechanism, shell, and heads of a boiler or pressure vessel terminating at:

(a) the first circumferential joint for welded end connections;

(b) the face of the first flange in bolted flange connections; or

(c) the first threaded joint in threaded connections.

(11) "Bureau" means the Boiler Safety Bureau of the North Carolina Department of Labor.

(12) "Certificate inspection" means an inspection, the report of which is used by the Chief Inspector as justification for issuing, withholding, or revoking the inspection certificate. The term "certificate inspection" also applies to the external inspection conducted in accordance with this Chapter whether or not a certificate is intended to be issued as a result of the inspection.

(13) "Condemned boiler or pressure vessel" means a boiler or pressure vessel:

(a) that has been found not to comply with G.S. Chapter 95, Article 7A, or this Chapter;

(b) that constitutes a menace to public safety; and

(c) that cannot be repaired or altered so as to comply with G.S. Chapter 95, Article 7A, and this Chapter.

(14) "Coil type watertube boiler" means a boiler having no steam space, such as a steam drum, whereby the heat transfer portion of the water-containing space consists only of a coil of pipe or tubing.

(15) "Commissioned inspector" means an employee of an Authorized Inspection Agency who is commissioned by the National Board and this State, holds an endorsement on his or her National Board Commission appropriate for the work to be performed, and who is charged with conducting in-service inspections of pressure equipment and inspecting repairs or alterations to that equipment.

(16) "Defect" means any deterioration to the pressure equipment affecting the integrity of the pressure boundary or its supports. Defects may be cracks, corrosion, erosion, bags, bulges, blisters, leaks, broken parts integral to the pressure boundary such as stays, or other flaws identified by NDE or visual inspection.

(17) "Deficiency" means any violation of the Uniform Boiler and Pressure Vessel Act, rules of this Chapter, or identified defects.

(18) "Design criteria" means design and construction code requirements relating to the mode of design and construction of a boiler or pressure vessel.

(19) "Equipment" means any boiler or pressure vessel subject to inspection by the Bureau.

(20) "External inspection" means an inspection of the external surfaces and appurtenances of a boiler or pressure vessel. An external inspection may entail "shutting down" a boiler or pressure vessel while it is in operation, including inspection of internal surfaces, if the inspector determines this action is warranted.

(21) "Hydropneumatic storage tank" means a pressure vessel used for storage of water at a temperature not to exceed 110 °F and where a cushion of air is contained within the vessel.

(22) "Imminent danger" means any condition or practice in any location that a boiler or pressure vessel is being operated such that a danger exists that could be expected to cause death or serious physical harm if the condition is not abated.

(23) "Insurance inspector" means the special inspector employed by an insurance company, and holding a valid North Carolina Commission and National Board Commission.

(24) "Internal inspection" means as complete an examination as can be made of the internal and external surfaces and appurtenances of a boiler or pressure vessel while it is shut down.

(25) "Maximum allowable working pressure" or "MAWP" means the maximum gauge pressure as determined by employing the stress values, design rules, and dimensions designated by the accepted design and construction code or as determined by the Chief Inspector in accordance with this Chapter.

(26) "Menace to public safety" means a boiler or pressure vessel that cannot be operated without a risk of injury to persons and property.

(27) "Miniature boiler" means a boiler that does not exceed any of the following:

(a) 16 inch inside shell diameter;

(b) 20 square feet of heating surface (does not apply to electrically fired boilers);

(c) 5 cubic feet volume; and

(d) 100 psig maximum allowable working pressure.

(28) "National Board Commission" means the commission issued by the National Board to those individuals who have passed the National Board commissioning examination and have fulfilled the requirements of the National Board Rules for Commissioned Inspectors.

(29) "National Board Inspection Code" or "NBIC" means the ANSI/NB-23 standard published by the National Board, as incorporated by reference under Rule .0103 of this Chapter.

(30) "Nondestructive examination" or "NDE" means examination methods used to verify the integrity of materials and welds in a component without damaging its structure or altering its mechanical properties. NDE may involve surface, subsurface, and volumetric examination. Visual inspection, x-rays, and ultrasound are examples of NDE.

(31) "Nonstandard boiler or pressure vessels" means:

(a) high pressure boilers contracted for or installed before December 7, 1935;

(b) heating boilers contracted for or installed before January 1, 1951;

(c) pressure vessels contracted for or installed before January 1, 1976;

(d) hydropneumatic storage tanks contracted for or installed before January 1, 1986; and

(e) boilers or pressure vessels to which the ASME Code is not intended to apply, other than those boilers and pressure vessels to which the term North Carolina Special applies.

(32) "Normal working hours" means between the hours of 6:00 AM and 6:00 PM, Monday through Friday, except for State recognized holidays established in 25 NCAC 01E .0901.

(33) "North Carolina Commission" means the commission issued by the Commissioner to those individuals who have passed the examination administered by the Chief Inspector relating to the Uniform Boiler and Pressure Vessel Act and the rules of this Chapter, and who also hold a National Board Commission, authorizing them to conduct inspections in this State.

(34) "North Carolina Special" means a boiler or pressure vessel that is not constructed in compliance with the Accepted Design and Construction Code as defined in Item (1) of this Rule and for which the owner or user shall apply for a special inspection certificate with the Chief Inspector.

(35) "NPS" means nominal pipe size.

(36) "Nuclear component" means the items in a nuclear power plant such as pressure vessels, piping systems, pumps, valves, and component supports.

(37) "Nuclear system" means a system comprised of nuclear components that serve the purpose of producing and controlling an output of thermal energy from nuclear fuel and includes those associated systems essential to the function and overall safety of the power system.

(38) "Operating pressure" means the pressure at which a boiler or pressure vessel operates. It shall not exceed the MAWP except as shown in Section I of the ASME Code for forced-flow steam generators.

(39) "Owner or user" means any person or legal entity responsible for the operation of any boiler or pressure vessel installed in this State. This term also applies to a contractor, installer, or agent of the owner or user.

(40) "Owner-user inspector" means an individual who holds a valid North Carolina Commission and National Board Commission and is employed by a company operating pressure vessels for its own use and not for resale and maintaining an inspection program that meets the requirements of the National Board for periodic inspection of pressure vessels owned or used by that company.

(41) "Pressure piping" means piping, including welded piping, external to high pressure boilers from the boiler proper to the required valve(s).

(42) "Pressure relief devices" mean the devices on boilers and pressure vessels set to open and relieve the pressure in the event of an over-pressurization event, and include the following:

(a) "Non-reclosing pressure relief device" means a pressure relief device designed to remain open after operation; and

(b) "Pressure relief valve" means a pressure relief device that is designed to reclose and prevent the further flow of fluid after normal conditions have been restored. These devices include:

(i) "Relief valve" means an automatic pressure relief valve that is actuated by static pressure upstream of the valve that opens further with the increase in pressure over the opening pressure;

(ii) "Safety relief valve" means an automatic pressure relief valve that is actuated by static pressure upstream of the valve and characterized by full opening pop action or by opening in proportion to the increase in pressure over the opening pressure; and

(iii) "Safety valve" means an automatic pressure relief valve that is actuated by static pressure upstream of the valve and characterized by full opening pop action.

(43) "PSIG" means pounds per square inch gauge.

(44) "Reinspection or Follow-Up Inspection" means an examination necessary to verify that any repair or corrective action required as a result of a certificate inspection is completed.

(45) "Service vehicle" means a vehicle mounted with an air storage tank that services vehicles and equipment in the field away from the owner's shop.

(46) "Shop inspection" means an inspection conducted by an Authorized Inspector or a Commissioned Inspector pursuant to an inspection service agreement whereby the fabrication process or the repair or alteration of a boiler or pressure vessel is observed to ensure compliance with the ASME Code and the NBIC.

(47) "Special inspection" means any inspection conducted by a Deputy Inspector other than a regularly scheduled inspection, including the performance of an inspection by a Deputy Inspector that requires that the inspector make a special trip to meet the needs of the individual or organization requesting the inspection, conducting certificate inspections during hours other than normal working hours, and inspection of field repairs and alterations. A special inspection may be considered any inspection or activity not otherwise described in these Rules.

(48) "Special inspector" means a National Board commissioned inspector employed by an insurance company authorized to write boiler and pressure vessel insurance in the State of North Carolina.

(49) "Violation" means the failure to comply with the requirements of the Uniform Boiler and Pressure Vessel Act or this Chapter.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Temporary Amendment [(16)]; Eff. March 10, 1982, for a Period of 120 Days to Expire on July 8, 1982
  • Amended Eff. March 1, 2017; March 1, 2015; July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995; January 1, 1987; January 1, 1986; June 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0102 Controlling Definitions {#sec-13-ncac-13-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0102}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0103 Incorporated - Standards {#sec-13-ncac-13-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0103}

(a) The following standards are incorporated by reference, including subsequent amendments and editions of the standards:

(1) The ANSI/NB-23 National Board Inspection Code (NBIC) Parts 2, 3, and 4. Copies of the ANSI/NB-23 National Board Inspection Code Parts 2, 3, and 4 are available for inspection at the offices of the Bureau and may also be obtained from the National Board of Boiler and Pressure Vessel Inspectors, via U.S. Mail at 1055 Crupper Avenue, Columbus, Ohio 43229, via telephone at (614) 888-8320, or via the internet at www.nationalboard.org. The costs, which does not include shipping and handling, are as follows:

(A) Complete Set (printed ), Parts 1-4: $325.00;

(B) Individual (printed), Part 2: $150.00;

(C) Individual (printed), Part 3: $150.00;

(D) Individual (printed), Part 4: $115.00; or

(E) Bundled Set (printed and PDF), Parts 1-4: $435.00.

(2) The American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. Copies of the complete set of the ASME Code are available for inspection at the offices of the Bureau and may also be obtained from the American Society of Mechanical Engineers, via U.S. Mail at 150 Clove Road, 6th Floor, Little Falls, New Jersey 07424-2139, via telephone at (800) 843-2763, via facsimile at (973) 882-1717 or (800) 843-2763, via email at customercare@asme.org, or via the internet at www.asme.org. The cost is twenty thousand one hundred ninety dollars ($20,190).

(3) The North Carolina State Building Code. Copies of the North Carolina State Building Code are available for inspection at the offices of the Bureau and may also be obtained from the North Carolina Department of Insurance, Office of the State Fire Marshal, Engineering & Codes, 1429 Rock Quarry Road, Raleigh, North Carolina, 27610. The cost of a North Carolina State Building Code, is one hundred twenty nine dollars ($129.00) for walk-in clients; prices differ for digital versions, when ordering online, and for members of the International Code Council. The codes may be ordered via the internet at https://www.ncosfm.gov/codes.

(b) The rules of this Chapter shall control when any conflict between these Rules and the standards cited in Subparagraphs (a)(1) and (2) of this Rule exists. In the event that a conflict between these Rules and the North Carolina State Building Code exists, the more stringent standard prevails and shall be adhered to.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. January 1, 1995
  • Amended Eff. July 1, 2011; July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0201 Name: Address {#sec-13-ncac-13-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0201}

(a) The Boiler Safety Bureau, which administers the provisions of Article 7A of G.S. Chapter 95, is located at the following physical address:

(b) All correspondence shall be addressed to the following mailing address:

History

  • Authority G.S. 95-69.12
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006; January 1, 1995; June 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. April 1, 2022; January 1, 2020.
13 NCAC 13 .0202 Inspector Qualification {#sec-13-ncac-13-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0202}

(a) Deputy Inspectors, Special Inspectors and Owner-User Inspectors conducting in-service inspections shall be in possession of a valid National Board Commission and a valid North Carolina Commission.

(b) A North Carolina Commission shall be issued to an inspector who:

(1) has attained a passing grade of 70 percent or higher on an examination administered by the Chief Inspector relating to the Uniform Boiler and Pressure Vessel Act and the rules of this Chapter; and

(2) meets all other criteria as set forth in the Uniform Boiler and Pressure Vessel Act and this Chapter.

(c) If a North Carolina Commissioned inspector does not conduct at least one certificate inspection in North Carolina per calendar year, the inspector must retake and pass this examination before becoming commissioned again in this State. A certificate inspection shall be an inspection as described in Rule .0211 of this Chapter.

(d) National Board examinations are administered by the National Board of Boiler and Pressure Vessel Inspectors. Information on the examinations may be found on the National Board web site at www.nationalboard.org or by telephone at (614) 888-8320.

(e) The National Board Inservice Inspector examination covers the installation, operation, and inspection of boilers and pressure vessels and their appurtenances. A grade of 70 percent or higher must be attained to achieve a passing grade on the examination.

History

  • Authority G.S. 95-69.11; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995; September 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0203 North Carolina Commission {#sec-13-ncac-13-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0203}

(a) When requested by the employer and upon presentation of a completed Application for Commission as an Inspector of Boilers and Pressure Vessels, a North Carolina Commission, bearing the signature of the Commissioner or Chief Inspector, shall be issued by the Chief Inspector to persons holding a valid National Board Commission who have taken and passed the examination specified in 13 NCAC 13 .0202(b).

(b) Applications for a North Carolina Commission shall be processed upon proof of a National Board Commission and payment of a thirty-five dollar ($35.00) fee to the Department of Labor.

(c) North Carolina Commissions shall be valid on an annual basis through December 31, at which time the inspector's employer shall submit a renewal request letter and a thirty-five dollar ($35.00) fee to the Department of Labor.

(d) The employing company shall immediately notify the Chief Inspector of the termination of any employee in possession of a North Carolina Commission.

(e) A North Carolina Commission may be suspended or revoked by the Commissioner in accordance with G.S. 95-69.11(20). Failure to conduct inspections in accordance with this Chapter shall constitute incompetence. Falsification of any statement in an application or inspection report, including a failure to inspect, shall constitute dishonesty. Suspension or revocation of a North Carolina Commission shall be based on evidence of incompetence or dishonesty.

(f) The Commissioner shall give notice of the commencement of proceedings for suspension or revocation of a commission pursuant to G.S. 150B-23. A North Carolina Commission may be suspended prior to the hearing if the Chief Inspector determines that, as a result of an inspector incompetence or dishonesty, the public health, safety, or welfare, is put at risk, the proceedings shall be promptly commenced and determined in accordance with G.S. 150B-3. The Commissioner's decision regarding the competency of an inspector shall be determined after comparing the inspector's knowledge, skill, and care taken during inspections with that possessed and employed by boiler and pressure vessel inspection personnel in good standing. Industry custom and practice shall be considered but are not determinative. The Commissioner shall give the inspector opportunity to show that he or she is conducting his or her duties in a competent manner and that suspension or revocation is unwarranted. If the inspector believes that the decision of the Commissioner is not warranted, the inspector may take exception to the determination, in which event the inspector may appeal the final determination of the action pursuant to G.S. 150B.

History

  • Authority G.S. 95-69.11; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. March 1, 2017; March 1, 2015; July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995; March 2, 1992; September 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0204 Conflict of Interest {#sec-13-ncac-13-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0204}

No one holding a commission in North Carolina shall engage in any conduct or endeavor that would constitute a conflict of interest including the following:

(1) Ownership or employment in any kind of boiler or pressure vessel sales or service business;

(2) Ownership or employment in any kind of boiler or pressure vessel parts or appurtenances sales or service business;

(3) Consultative services for accepted design and construction codes or National Board quality program design or implementation; or

(4) Inspection services outside the purview of the employing entity.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0205 Owner-User Inspection Organization {#sec-13-ncac-13-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0205}

(a) A company seeking to conduct inspections of its own pressure vessels shall file an application with the Chief Inspector, accompanied by the Certificate of Accreditation issued by the National Board as an Owner-User Inspection Organization.

(b) The company shall, in its application, designate a supervisor who shall be an engineer within its employ who, upon approval of the application, shall:

(1) ascertain that the company's inspectors, pursuant to Rules .0202 and .0203 of this Section, are issued National Board Commission cards;

(2) supervise inspections of pressure vessels and ensure that an inspection report, signed by the owner-user inspector, is filed at the equipment site;

(3) notify the Chief Inspector of any unsafe pressure vessel that presents a condition of imminent danger;

(4) maintain a master file of inspection records that shall be available for examination by the Chief Inspector or his representative during business hours and contain the following:

(A) identifying each pressure vessel by serial number and abbreviated description; and

(B) showing the date of the last and next scheduled inspection; and

(5) on a date agreed upon with the Chief Inspector, file an annual statement signed by the supervisor showing the number of boilers and certifying that each inspection was conducted pursuant to this Chapter, accompanied by an administrative fee of fifty dollars ($50.00) per vessel.

(c) Inspection certificates shall not be required for pressure vessels inspected under an owner-user program.

History

  • Authority G.S. 95-69.11; 95-69.15; 95-69.16
  • Eff. May 29, 1981
  • Amended Eff. March 1, 2017; March 1, 2015; January 1, 2009; July 1, 2006; January 1, 1995; March 2, 1992; September 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. April 1, 2022.
13 NCAC 13 .0206 Owners or Users to Notify Chief Inspector of Accidents {#sec-13-ncac-13-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0206}

(a) The owner or user of a boiler or pressure vessel shall notify the Chief Inspector within 24 hours when a device is rendered inoperative due to an over pressurization, dry firing or any related event that causes damage to the equipment, real or personal property, personal injury, or death.

(b) No person shall remove or disturb the boiler, pressure vessel, or any of its parts, before an investigation by the Chief Inspector or designee has been made, except for the purpose of conserving life or limiting consequential damages.

(c) Insurance inspectors who elect to investigate an accident shall not have equipment removed from the location until an investigation has been made by the Chief Inspector or designee.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0207 Inspection Reports {#sec-13-ncac-13-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0207}

(a) Inspection reports shall be filed using National Board form NB-6 or a form containing the equivalent information. Inspectors shall file inspection reports with the Chief Inspector electronically into an inspection report database approved by the Chief Inspector:

(1) within 10 working days after the date each inspection is performed;

(2) immediately for all conditions of imminent danger, or any condition that would result in the insurance company's refusal to issue or continue an insurance policy on the boiler or pressure vessel;

(3) shall include the insurance policy identifier covering any equipment inspected by a special inspector; and

(4) shall include comments or indications as to the condition of items inspected and the results of any testing performed.

(b) Inspectors shall notify the Chief Inspector by telephone at (919) 707-7918 or email at boiler.safety@labor.nc.gov immediately upon becoming aware of an accident which renders a boiler or pressure vessel inoperative or causes damage to property, personal injury, or death.

(c) Should the inspector, during the course of making an inspection, find a condition of imminent danger, he they shall immediately notify the Chief Inspector by telephone at (919) 707-7918 or email at boiler.safety@labor.nc.gov so that steps might be taken to remove the device from service.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0208 Insurance Companies to Notify Chief Inspector {#sec-13-ncac-13-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0208}

(a) All insurance companies shall notify the Chief Inspector within 10 working days if any of the following actions are taken concerning boiler or pressure vessels:

(1) the issuance of a policy;

(2) the cancellation of a policy; or

(3) removal of a boiler or pressure vessel from service.

(b) All insurance companies shall notify the Chief Inspector within 10 working days regarding the non-renewal or suspension of a policy because of unsafe conditions.

(c) Notification for items listed under Paragraph (a) of this Rule shall be made electronically by using the National Board form NB-4, or a method determined by the Chief Inspector to be equivalent to the National Board form. Notifications under Paragraph (b) of this Rule shall be made by telephone at (919) 707-7918, email at boiler.safety@labor.nc.gov or overnight mail to 1101 Mail Service Center, Raleigh, NC 27699-1101 or package delivery service to the Boiler Safety Bureau, 4 West Edenton Street, Raleigh, NC 27601. All notifications shall include reference to the following:

(1) Object, date of service and effective date;

(2) Owner's number;

(3) Jurisdiction number;

(4) National Board number;

(5) Name of manufacturer;

(6) Name of owner including county;

(7) Location of object including county;

(8) User of object;

(9) Date of last inspection for certificate;

(10) Whether or not a certificate of inspection was issued; and

(11) Reason for discontinuance or cancellation.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; January 1, 2020.
13 NCAC 13 .0209 Installers to Notify Chief Inspector {#sec-13-ncac-13-.0209 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0209}

Any company or individual installing boilers or pressure vessels subject to inspection in accordance with this Chapter shall notify the Chief Inspector and request a certificate inspection not less than 10 working days prior to placing equipment in operation. Any company or individual wishing to install used boilers or pressure vessels that are subject to this Chapter shall request permission using the Used Boiler/Pressure Vessel Installation Request Form found on the Boiler Safety Bureau website. Equipment shall not be operated, other than for testing, prior to an inspection being conducted that finds the boiler or pressure vessel to be in compliance with this Chapter.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. January 1, 2020.
13 NCAC 13 .0210 SHOP INSPECTIONS AND NATIONAL BOARD "R" certificate QUALIFICATION REVIEWS {#sec-13-ncac-13-.0210 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0210}

(a) Shop Inspections.

(1) Manufacturers or repair firms seeking to employ the Boiler Safety Bureau to act as their Authorized Inspection Agency pursuant to the ASME Code or National Board Inspection Code, shall enter into a written agreement with the North Carolina Department of Labor, Boiler Safety Bureau for this purpose.

(2) An audit of the Deputy Inspector serving as the Authorized Inspector pursuant to Subparagraph (a)(1) of this Rule, and the contracting company in which he or she is working shall be conducted on an annual basis. The contracting company shall pay the audit fees required in Rule .0213 of this Section.

(b) National Board "R" Certificate Qualification Reviews

(1) The Chief Inspector, or the Chief Inspector's designee, shall conduct the qualification reviews for issuance or renewal of the National Board "R" certificate of authorization pursuant to the National Board Inspection Code as adopted, except as provided in Subparagraph (b)(2) of this Rule. In the event the Chief Inspector or their designee is unable to conduct qualification reviews, the National Board will take over such responsibilities.

(2) The Chief Inspector or his designee shall not conduct the qualification reviews of those companies for which the Boiler Safety Bureau provides inspection services, or those companies which specifically request the review be conducted by the National Board.

(3) A review to be conducted by the Boiler Safety Bureau shall be scheduled upon receipt of request by the National Board.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. March 1, 2015; October 1, 2008; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0211 Certificate Inspections {#sec-13-ncac-13-.0211 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0211}

(a) A commissioned inspector shall perform a direct in-person inspection of all boilers and pressure vessels at the time of installation and at regular intervals thereafter, as provided in this Rule.

(b) Subject to the exceptions in Paragraphs (c) and (d) of this Rule, and after seven days' notice is given to the owner or user, an inspector shall conduct an internal inspection of a high pressure boiler at the time of installation and annually thereafter. An external inspection shall be conducted a minimum of once every 12 months while the boiler is in operation. The inspector shall ensure that the safety controls are operating as required. Issuance of the inspection certificate shall be based on the results of the internal inspection; however, if the inspector determines during the external inspection that an imminent danger exists, the inspector shall notify the Chief Inspector pursuant to 13 NCAC 13 .0301(d).

(c) In place of the first internal inspection of a new high pressure boiler, an inspector may conduct an external inspection if the inspector determines that data sufficient to determine compliance with the rules of this Chapter can be gathered from an external inspection. This shall not apply to relocated used boilers or those for which extended inspection certificates are being requested.

(d) Miniature boilers and coil-type watertube boilers operating as high pressure boilers shall undergo an external inspection annually while in operation. Miniature boilers and coil-type watertube boilers operating as heating boilers shall undergo an external inspection biennially while in operation.

(e) Boilers heating a fluid other than water that do not produce steam or vapor operating as high pressure boilers, shall undergo an external inspection annually while in operation. Boilers heating a fluid other than water operating as heating boilers, shall undergo an external inspection biennially while in operation.

(f) Hobby boilers, locomotive boilers, and exhibition boilers shall be inspected annually, in accordance with the requirements of the National Board Inspection Code, as applicable.

(g) Low pressure boilers and pressure vessels, except hydropneumatic storage tanks, shall undergo an external inspection biennially while in operation.

(h) Owner-user inspectors shall conduct inspections for pressure vessels as prescribed in this Rule.

(i) Inspectors may order coverings removed, internal inspections, external inspections, removal of internal parts, testing or calibration of controls, indicating and safety devices and pressure tests whenever conditions warrant further evaluation of the pressure equipment. The inspector may also require the boiler to be started to verify the operating controls.

(j) Hydropneumatic storage tanks shall undergo an external inspection every four years while in operation.

(k) When the inspector or Chief Inspector determines that a certificate cannot be issued as a result of an inspection, the boiler or pressure vessel shall be reinspected after the necessary repairs are made.

(l) Inspections shall be conducted in accordance with the National Board Inspection Code. The inspector may require controls, indicating, and safety devices to be disassembled, tested, checked, or calibrated as necessary to ensure their proper operation.

(m) The Chief Inspector may extend an existing inspection certificate for a high pressure boiler for a period not exceeding 90 days beyond the certificate expiration date. The owner or user shall submit a written request to extend an existing inspection certificate, providing justification for an extension. The request shall include a report from a commissioned inspector of an external inspection which shall have been conducted no earlier than 60 days before the certificate expiration date, and the inspection report shall include a recommendation from the inspector for an extension to the inspection certificate.

(n) The inspection frequency established by this Rule may be modified by the Chief Inspector for individual boilers and pressure vessels if the Chief Inspector determines the frequency established herein is not appropriate, and that the safety attained by the normal inspection frequency will be otherwise obtained. Requirements for extended certificates for pressure equipment are detailed in Rule .0214 of this Chapter.

(o) Pressure vessels in "Locked High Radiation" areas may be certified for up to five years and may be inspected in accordance with Paragraph (p) of this Rule.

(p) With prior approval from the Chief Inspector, pressure retaining items which contain highly hazardous chemicals or biological elements that require level B personal protective equipment, or are in highly hazardous areas or pressure retaining items containing radioactive materials causing the pressure equipment to be classified as "Locked High Radiation," may be inspected remotely by live video provided:

(1) there is a listing of all the items under this criterion at the site. The list shall be kept current by the owner/user and any additions or deletions shall be kept current. Prior to inspection the inspector shall review the last inspection certificate, the ASME data report, any National Board ("NB") repair/alteration forms and any records of testing performed during the certificate period;

(2) each item shall be inspected by means of live video feed that is monitored by the inspector. The inspector shall remain in radio contact with the individual operating the video equipment;

(3) the inspector shall be in proximity to the item and shall witness the video equipment operator enter the location of the item;

(4) a scan as complete as possible (within the limitations of the equipment) of all the pressure boundaries shall be witnessed by the inspector;

(5) the ASME nameplate shall be viewed as well as the ASME/NB nameplate on any pressure relieving device on the item;

(6) follow up inspections to verify the correction of deficiencies can be performed with a video inspection using the items outlined herein by the inspector;

(7) the inspector shall submit an inspection report for each pressure retaining item at intervals specified in this Rule and the report shall be annotated indicating that the item was inspected pursuant to this Paragraph; and

(8) any incident that renders the item inoperative shall be reported to the Bureau by the owner/user or the inspector within 24 hours.

History

  • Authority G.S. 95-69.11; 95-69.14; 95-69.17
  • Eff. May 29, 1981
  • Amended Eff. August 1, 2011; July 1, 2006; January 1, 1995; March 2, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0212 Preparation for Inspection {#sec-13-ncac-13-.0212 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0212}

(a) The owner or user shall prepare a high pressure boiler, including locomotive, hobby and exhibition boilers, for internal inspection by:

(1) cooling the boiler, furnace, and setting so as to prevent damage to any part;

(2) draining and washing internal parts to be inspected, including disassembly and cleaning of float bowl type low-water fuel cutoff devices and associated piping plugs or caps;

(3) removing wash-out, drain, and inspection plugs;

(4) removing enough of the grates in an internally fired boiler to permit inspection;

(5) removing soot, ashes and unburned solid fuel plus enough brickwork, refractory, and insulation to permit inspection;

(6) removing manhole and handhole plates;

(7) preparing the controls and safety devices for inspection and testing;

(8) preventing leakage of water, steam, or vapors into boiler interiors that would endanger personnel;

(9) providing adequate ventilation to prevent the accumulation of hazardous gasses; and

(10) providing, when requested by the inspector, a competent person, as defined under the North Carolina Occupational Safety & Health standard for confined spaces, to assist the inspector in the performance of his inspection.

(b) In addition to the requirements in Paragraph (a) of this Rule, the owner or user shall prepare a high pressure boiler that has a manhole and which is connected to a common header with another boiler for internal inspection by:

(1) closing and tagging, or padlocking, the steam stop valves and opening all drain valves or cocks located between the steam stop valves;

(2) closing and tagging, or padlocking, the feed and check valves and opening all drain valves or cocks located between the feed and check valves;

(3) draining boiler and then closing and padlocking the blowoff valves;

(4) disconnecting, at the request of the inspector, blowoff lines between pressure parts and valves;

(5) opening all drains and vent lines;

(6) closing and tagging or padlocking all fuel valves, blower or fan motors and any other devices that may deliver energy in any form to the boiler; and

(7) after complying with all other provisions of this Rule, removing the manhole covers.

(c) The owner or user need not make any special preparation for an external inspection of a boiler or pressure vessel, except that if the inspector requires the boiler or pressure vessel to be shut down for a closer inspection, the boiler or pressure vessel shall be prepared as is required for the internal inspection of a high pressure boiler.

History

  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0213 Certificate and Inspection Fees {#sec-13-ncac-13-.0213 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0213}

(a) An owner or user, or insurance company, shall pay a fifty dollar ($50.00) certificate and processing fee to the North Carolina Department of Labor for certificate inspections performed by an Insurance Inspector.

(b) An owner or user shall pay an inspection and certificate fee to the North Carolina Department of Labor for each boiler or pressure vessel inspected by a Deputy Inspector as follows:

Boilers - An inspection of a boiler where the heating surface is: External Internal

Less than 500 sq. ft. $50.00 $85.00

500 or more sq. ft. but less than 5000 sq. ft. $120.00 $235.00

5000 or more sq. ft. $330.00 $600.00

Cast iron boilers $50.00 $80.00

Locomotive boilers (Antique Exhibition/Show) N/A $150.00

Exhibition boilers (Antique Exhibition/Show) N/A $50.00

Hobby boilers N/A $50.00

Pressure Vessels - An inspection of a pressure vessel, other than a

heat exchanger, where the product of measurement in feet of the

diameter or width, multiplied by its length is: External Internal

Less than 50 $50.00 $60.00

50 or more but less than 70 $85.00 $135.00

70 or more $135.00 $190.00

Heat Exchangers - An inspection of a heat exchanger, where the

heating surface is: External

500 or more sq. ft. but less than 1000 sq. ft. $60.00

Less than 500 sq. ft. $50.00

1000 or more sq. ft. but less than 2000 sq. ft. $90.00

2000 or more sq. ft. but less than 3000 sq. ft. $130.00

3000 or more sq. ft. $180.00

(c) In addition to the fees established in Paragraph (b) herein, a fee of ninety dollars ($90.00) per hour, including travel time, plus each expense allowed by G.S. 138-6 and 138-7 and the standards and criteria established thereto by the Office of State Budget and Management's State Budget Director, at the applicable state rate shall be paid to the North Carolina Department of Labor for each special inspection as defined by 13 NCAC 13 .0101(47) and for all inspections performed outside of normal working hours as defined by 13 NCAC 13 .0101(32).

(d) A fee of three-hundred fifty dollars ($350.00) per one-half day (four hours) or any part of one-half day or five-hundred sixty-dollars ($560.00) for one day (four to eight hours) plus, in either case, each expense allowed by G.S. 138-6 and 138-7 and the standards and criteria established thereto by the Office of State Budget and Management's State Budget Director, at the applicable state rate shall be paid to the North Carolina Department of Labor for each shop inspection as defined by 13 NCAC 13 .0101(46).

(e) A fee of four hundred fifty dollars ($450.00) per one-half day (four hours) or any part of one-half day or six hundred ninety dollars ($690.00) for one day (four to eight hours), plus, in either case, each expense allowed by G.S. 138-6 and 138-7 and the standards and criteria established thereto by the Office of State Budget and Management's State Budget Director, at the applicable state rate shall be paid to the North Carolina Department of Labor for audits as defined by 13 NCAC 13 .0101(4).

History

  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; March 2, 1992; September 1, 1986
  • Temporary Amendment Eff. March 11, 1997
  • Temporary Amendment Eff. March 11, 1997 expired on December 27, 1997
  • Temporary Amendment Eff. December 10, 1997
  • Amended Eff. March 1, 2015; July 1, 2006; March 1, 2006; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0214 Extended Pressure Equipment Operating Certificates {#sec-13-ncac-13-.0214 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0214}

(a) G.S. 95-69.11, G.S. 95-69.16, and 13 NCAC 13 .0211(m) of this Chapter allows the Commissioner, or the Chief Inspector as delegated by the Commissioner, to modify the inspection frequency for individual pressure equipment if it is determined that the new frequency will provide for the safety attained by the normal inspection frequency as defined in this Chapter. Maintenance programs, the condition of the pressure equipment, and a baseline inspection help to determine if the equipment is eligible for extended certification. The Chief Inspector may allow certificate renewal frequencies of up to three years. Companies wishing to have their pressure equipment given an extended certification must apply by letter to the Chief Inspector requesting extended certification.

(b) For a first time extended inspection frequency, the following shall apply to both new and existing equipment:

(1) Base Line Inspections: At the outset of an extended inspection frequency, a base line inspection must be conducted of all inside and outside accessible pressure boundaries. The inspected area shall be examined visually by a North Carolina Department of Labor, Boiler Safety Bureau Inspector Supervisor along with a Deputy Inspector for evidence of cracking, discoloration, wear, pitting, bulging, blistering, corrosion and erosion, arc strikes, gouges, dents, and other signs of surface irregularities. Areas that are suspect shall be non-destructively examined, as defined in this Chapter, by a method acceptable to the Inspector Supervisor and Deputy Inspector. For areas that are still suspect after such examination, a more thorough supplemental examination and engineering evaluation of the discontinuities shall be conducted and discussed with the Chief Inspector or designee;

(2) Inspection Mapping and Records: An inspection grid map shall be constructed for each pressure component detailing the areas found suspect. The grid shall not exceed four inch square. Suspect area shall be described in detail and photographs of such areas shall be taken. These records shall be kept and made available to the Deputy Inspector prior to the next required inspection;

(3) Base Line Inspection of Tubes: The tubes shall be examined by nondestructive examination. Tubes shall be examined for wear, corrosion, erosion, thinning, bulging, blistering, dents, discoloration, cracking and any other surface irregularities. Areas that are suspect shall be noted and discussed with the Inspector Supervisor and Deputy Inspector; and

(4) Tube Inspection Mapping and Record: Where suspect tubes are identified, the tubes shall be numbered in a logical sequence and the location of any suspect area shall be precisely defined and described in detail. Photographs of such areas shall be taken. These records shall be kept and made available to the Inspector Supervisor and Deputy Inspector prior to the next required inspection.

(c) Scheduling of Inspections for Extended Certificate: Approximately two months prior to a scheduled outage in which the pressure equipment can be inspected, and prior to the current certificate expiration, the owner or user shall do the following in order to initiate the inspection process:

(1) Send a letter addressed to the Chief Inspector requesting the extended certificate;

(2) Contact the North Carolina Department of Labor, Boiler Safety Bureau at 919-707-7918 and request to speak with an Inspector Supervisor for the purpose of scheduling the inspections required for extending the inspection certificate expiration for to up to 36 months; and

(3) Agree with the Inspector Supervisor and Deputy Inspector on a date to meet for the external inspection of the pressure equipment and to review reports. The pressure equipment must be operating when the external inspection is done. Heat recovery boilers with less than one percent capacity factor per year may be excluded from the need to operate during the external inspection but a letter requesting the exclusion must be sent to the Chief Inspector stating the capacity factor for the year before such an exclusion request can be granted.

(d) External Inspection: All report forms may be obtained from either NBIC or ASME. The following reports must be available to the Inspector Supervisor and Deputy Inspector at the external inspection:

(1) NBIC Form R Reports for the past five years for initial inspections and since the previous inspection for renewals;

(2) A list of alterations scheduled, and those alterations done since the last internal inspection with the NBIC R-2 forms;

(3) Safety valve testing and repair reports for the past five years for initial inspections and since the previous inspection for renewals;

(4) Fitness for Service reports for headers for the past five years for initial inspections and since the previous inspection for renewals. All Fitness for Service reports shall be documented on the National Board Form NB-403 or other created form that includes all information required on the Form NB-403;

(5) Side elevation drawing of the pressure equipment (8 ½ inches by 11 inches);

(6) Steam & Mud drums - Original drum thickness, drawings, and manufacturer's data reports if available;

(7) Copy of the last operating certificate and copies of the last three years of inspection reports;

(8) Reports of annual external inspections by the owner's or user's insurance company or a Boiler Safety Bureau Deputy Inspector.

(e) Equipment inspection requirements during outage or shut-down:

(1) An operational test for all safety valves shall be conducted after the equipment has been restarted. After the operational test, the organization performing the test shall affix an updated inspection tag to the valve. The Deputy Inspector shall verify the updated inspection tag and review any associated test report. In lieu of operational tests, it is acceptable to replace safety valves with new valves or valves reworked by a National Board "VR" or "NVR" authorized company;

(2) Inspect the pressure equipment internally; and

(3) Inspect the drums and shells using the following methods:

(A) Examine penetrations into the drum or shell wall for cracking: if the nozzles are visible from inside the drum or shell, then a visual examination is satisfactory; otherwise ultrasonically examine the nozzles, from the outside surface, of at least 20 percent of the pressure equipment nozzles;

(B) Visually examine inside the heads; and

(C) When access permits, crawl through the drum or shell for a visual examination.

(f) Setting the Certificate Interval: If the requirements of this Rule are met, the Deputy Inspector shall submit an inspection report to the Chief Inspector with the recommendation for the extended certificate.

(g) Follow-up and Interim Inspections: External inspections of high pressure boilers are required six months after the certificate renewal, and then annually thereafter. The external inspections may be performed by the Boiler Safety Bureau Deputy Inspectors or by the owner's or user's insurance inspector. The results of the inspection shall be documented on an inspection report and submitted to the Chief Inspector, North Carolina Department of Labor, Boiler Safety Bureau.

History

  • Authority G.S. 95-69.11; 95-69.14; 95-69.16
  • Eff. July 1, 2011
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022; January 1, 2020.
13 NCAC 13 .0301 Inspection Documentation {#sec-13-ncac-13-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0301}

(a) The inspector shall document the condition of the pressure equipment, items inspected, and the results of the inspection on a written inspection report or in an electronic format recognized by the Chief Inspector.

(b) If the inspector finds that the boiler or pressure vessel is in compliance with the rules in this Chapter, they shall indicate on the report that the boiler or pressure vessel is satisfactory.

(c) If the inspector finds the boiler or pressure vessel is not in compliance with the rules in this Chapter, they shall specify on the inspection report the deficiencies and the required repairs or corrective action.

(d) The inspector shall determine if the deficiency is such that operation of the boiler or pressure vessel creates a condition of imminent danger. If a condition of imminent danger exists, the inspector shall state on the inspection report that operation of the boiler or pressure vessel is to cease until completion of the necessary repairs or corrective action. The inspector shall notify the Chief Inspector upon discovery of any condition of imminent danger.

(e) If the condition of the boiler or pressure vessel is such that repairs or corrective action cannot bring the boiler or pressure vessel into compliance, the inspector shall recommend to the Chief Inspector that the boiler or pressure vessel be condemned from further use.

(f) For inspections revealing deficiencies, the inspector shall provide the owner/user contact with specific information regarding the violation. The Bureau shall generate a Notice of Violation letter and send to the owner/user. The Notice of Violation shall outline the violation(s), the required corrective action, and the date by which the corrective action shall be completed.

(g) The Bureau shall issue an invoice to the owner or user, or their insurance company, for the inspections made and for issuance of the inspection certificate. The owner or user or insurance company, shall remit payment as indicated on the invoice within 30 days to the North Carolina Department of Labor.

History

  • Authority G.S. 95-69.11; 95-69.16
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995; August 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0302 Certificate Issuance {#sec-13-ncac-13-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0302}

(a) The Chief Inspector shall issue an inspection certificate to the owner/user, upon receipt of payment, when the boiler or pressure vessel is found to be in compliance with this Chapter.

(b) The owner or user shall post the inspection certificate under protective cover in a prominent place visible to the operator while reading the pressure, or if a pressure gauge is not required to be installed, while observing operation of the boiler or pressure vessel, unless environmental conditions or proprietary reasons make it impracticable. The certificate shall be maintained in a readily retrievable location if the conditions make it impracticable to post.

(c) If the Chief Inspector determines that a boiler or pressure vessel is exposing the public to an unsafe condition likely to result in serious personal injury or property damage, the Chief Inspector may refuse to issue or renew or may revoke, suspend or amend an inspection certificate; provided, however, that whenever any action is taken under this Paragraph, the affected party shall be given notice of the availability of an administrative hearing and of judicial review in accordance with Chapter 150B of the N.C. General Statutes.

History

  • Authority G.S. 95-69.11; 95-69.17
  • Eff. May 29, 1981
  • Amended Eff. January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0303 Inspections Revealing Deficiencies {#sec-13-ncac-13-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0303}

(a) After a violation or deficiency has been reported by a Commissioned Inspector, the owner or user shall complete any required repairs or corrective action and request a reinspection or follow-up inspection as defined in this Chapter within 60 calendar days of the inspection, except in cases where the boiler or pressure vessel is removed from service, in which case the owner or user shall send in written confirmation, signed by the owner or user, that use of the boiler or pressure vessel has been discontinued and that the boiler or pressure vessel has been removed from the source of energy.

(b) Upon notification by the inspector of a boiler or pressure vessel for which continued operation creates a condition of imminent danger as defined in this Chapter, the Chief Inspector shall notify the owner or user by written notification within 15 calendar days stating that the use of the boiler or pressure vessel shall be discontinued.

(c) The owner or user may continue operation of the boiler or pressure vessel, including those boilers or pressure vessels that are condemned, during the 60 calendar day period noted in Paragraph (a) of this Rule, except that this provision shall not apply to boilers and pressure vessels after notification by the Chief Inspector to the owner or user that a condition of imminent danger exists as noted in Paragraph (b) of this Rule.

(d) After completion of any required repairs or corrective action, the boiler or pressure vessel shall be reinspected to the extent necessary to verify satisfactory completion of the required repairs or corrective action.

(e) An owner or user shall pay a fee of fifty dollars ($50.00) to the North Carolina Department of Labor for each reinspection or follow-up inspection conducted by Deputy Inspectors.

History

  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. March 1, 2015; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0304 Appeals {#sec-13-ncac-13-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0304}

(a) If the owner or user believes that the recommendations of the inspector are not warranted, they may request a review by the Chief Inspector within 15 days of the inspection. The Chief Inspector shall notify the owner or user of the decision in writing within 15 days of receipt of a request for a decision.

(b) If the owner or user believes that the decision of the Chief Inspector is not warranted they may file for a contested case hearing pursuant to Article 3 of Chapter 150B of the N.C. General Statutes.

(c) After notification from the Chief Inspector that a condition of imminent danger exists, the owner or user shall not operate the boiler or pressure vessel, however, the owner or user may file for a contested case hearing pursuant to Article 3 of Chapter 150B of the N.C. General Statutes.

History

  • Authority G.S. 95-69.11; 95-69.17
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0305 Menace to Public Safety Notice {#sec-13-ncac-13-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0305}

(a) The Chief Inspector or designee may post a menace to public safety notice on the boiler or pressure vessel:

(1) if the owner or user fails to request a reinspection within 60 days of an inspection during which deficiencies were noted;

(2) upon notification by the Chief Inspector regarding an inspection whereby the inspector identified a condition of imminent danger; or

(3) within 15 days after the Chief Inspector renders a decision regarding an appealed decision.

(b) The notice described in this Rule shall be posted on the boiler or pressure vessel and in the establishment where the boiler or pressure vessel is being used so that it may be easily read by members of the public and employees.

(c) The menace to public safety notice shall not be removed, rendered illegible or inaccessible, or otherwise obliterated except with the approval of the Chief Inspector.

(d) The Chief Inspector shall notify the Commissioner of Labor regarding action pursuant to G.S. 95-69.19.

History

  • Authority G.S. 95-69.11; 95-69.17
  • Eff. January 1, 1995
  • Amended Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0306 Violations {#sec-13-ncac-13-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0306}

(a) Any person or legal entity operating a boiler or pressure vessel:

(1) without an inspection certificate;

(2) after the inspection certificate has expired;

(3) while the inspection certificate is suspended;

(4) after the inspection certificate has been revoked and the boiler or pressure vessel has been condemned; or

(5) in excess of the maximum allowable working pressure as stated on the inspection certificate, or outside of the design pressure or temperature of the boiler or pressure vessel,

shall be subject to action as described in this Rule.

(b) Action to be taken by the Chief Inspector may include any or a combination of the following actions:

(1) injunctive proceedings instituted by the Commissioner pursuant to G.S. 95-69.11; or

(2) civil penalties issued by the Commissioner pursuant to G.S. 95-69.19.

History

  • Authority G.S. 95-69.11; 95-69.14; 95-69.18
  • Eff. May 29, 1981
  • Recodified from 13 NCAC 13 .0305 Eff. January 1, 1995
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0401 Design and Construction Standards {#sec-13-ncac-13-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0401}

(a) The design, construction, installation, inspection, stamping, certification, and operation of all boilers and pressure vessels shall conform to the rules in this Chapter and the Accepted Design and Construction Code as defined in this Chapter.

(b) Repairs and alterations to boilers and pressure vessels shall conform to the requirements of the National Board Inspection Code, except as provided in Paragraph (g) of this Rule.

(c) The rules of this Chapter shall control when any conflict is found to exist between the Rules and the accepted design and construction code or the National Board Inspection Code.

(d) Welded repairs and alterations shall be made only by an individual or organization in possession of a valid certificate of authorization for use of the National Board "R" symbol stamp, except as provided in Paragraph (g) of this Rule. Repairs and alterations shall be reported on National Board Form R Reports, as required by the NBIC. These reports are available through the National Board of Boiler and Pressure Vessel Inspectors. The reports, along with supplements used, shall be submitted to the Chief Inspector within 60 days of the completion of the work conducted. Repair and alteration reports shall be annotated with the NC identification number for the pressure equipment repaired.

(e) In such cases where removal of a defect in a pressure-retaining item is not practical at the time of discovery, the repair shall be conducted in compliance with the NBIC, Part 3 Repairs and Alterations, Repair of Pressure-Retaining Items Without Complete Removal of Defects. The Chief Inspector shall be contacted for approval of the use of this repair method.

(f) Repairs of safety valves or safety relief valves shall be made by an individual or organization in possession of a valid certificate of authorization for use of the National Board "VR" symbol stamp.

(g) Welded repairs and alterations to exhibition (historical) boilers of riveted or welded construction may be conducted by a welder who has been qualified in accordance with the ASME Boiler and Pressure Vessel Code, Section IX, Welding and Brazing Qualifications.

History

  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. October 1, 2014; July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995; February 1, 1989; February 1, 1985; June 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022; January 1, 2020.
13 NCAC 13 .0402 North Carolina Stamping and Registration {#sec-13-ncac-13-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0402}

(a) Boilers and pressure vessels shall be registered with the National Board and shall bear the National Board stamping as follows:

(1) high pressure boilers installed after November 2, 1946;

(2) heating boilers, except cast iron or cast aluminum boilers, in­stalled after January 1, 1976;

(3) pressure vessels installed after January 1, 1979; and

(4) hydropneumatic storage tanks installed after January 1, 1986.

(b) Boilers and pressure vessels may be exempted from the requirement for National Board registration provided the owner or user submits a letter requesting a variance to the Chief Inspector giving reason for the request. The requestor shall enclose with the letter a copy of the original manufacturer's data report. The documentation shall be reviewed by the Chief Inspector to determine if the information is traceable to the boiler or pressure vessel. The owner or user shall be advised of the Chief Inspector's decision within 30 working days with regard to the approval or disapproval of the request.

(c) Electric boilers shall be listed in accordance with the North Carolina Building Code in effect at the time of installation.

(d) The owner or user shall, upon request of the inspector, provide a manufacturer's data report for the boiler or pressure vessel.

(e) When a new boiler or pressure vessel is installed, or when an existing installation receives its first certificate inspection, a Deputy Inspector shall conduct the first inspection and apply a metal tag embossed or stamped with the North Carolina identification number (e.g., NC000) to the boiler or pressure vessel on or adjacent to the manufacturer's nameplate or stamping. If the boiler or pressure vessel is constructed of materials having adequate thickness to allow stamping, the identification number may be stamped onto the boiler or pressure vessel.

(f) The owner or user shall keep all required stamping exposed at all times unless a labeled removable cover is installed so that the stamping may be accessible at any time.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006; January 1, 1995; February 1, 1989; November 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. April 1, 2022.
13 NCAC 13 .0403 Maximum Allowable Working Pressure {#sec-13-ncac-13-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0403}

(a) An inspector may lower the maximum allowable working pressure of any boiler or pressure vessel because of age, condition or the circumstances under which it is operated.

(b) The inspector shall justify the reduction in the maximum allowable working pressure and note the new maximum allowable working pressure on the inspection report.

(c) No boiler or pressure vessel may be operated in excess of the maximum allowable working pressure as stated on the inspection certificate or outside of the temperature ranges for which the boiler or pressure vessel was designed.

(d) If a boiler or pressure vessel has its maximum allowable working pressure reduced under this chapter, the owner or user may appeal the inspector's decision to the Chief Inspector in accordance with the requirements of 13 NCAC 13 .0304.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. January 1, 2009; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0404 Controls and Safety Devices {#sec-13-ncac-13-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0404}

Boilers and pressure vessels shall be equipped with all suitable controls and safety devices required for safe operation of the equipment. Controls and safety devices shown in Table-0404 in this Rule are considered minimum requirements for the various types of boilers and pressure vessels listed. All devices required in this Rule and shown in Table-0404 are suitable for the maximum allowable operating pressure and temperature of the boiler or pressure vessel on which they are installed. The design, construction, installation, and operational requirements for controls and safety devices are as required in Rules .0405 through .0420 of this Section.

TABLE-0404

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. January 1, 1995
  • Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0405 Pressure Relief Devices {#sec-13-ncac-13-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0405}

(a) Boilers and pressure vessels shall be protected from overpressurization by a pressure relief device. All pressure relief devices installed on any boiler or pressure vessel shall be constructed and stamped in accordance with the Accepted Design and Construction Code as defined in Rule .0101 of this Chapter.

(b) All pressure relief devices shall be stamped and capacity certified by the manufacturer indicating compliance with the National Board. The stamping shall include the set pressure and the relieving capacity.

(c) High pressure boilers with over 500 square feet of heating surface and electrically fired boilers having an input in excess of 1100 kW shall be provided with a minimum of two safety valves. For high pressure boilers with a combined bare tube and extended water-heating surface area exceeding 500 square feet, one safety valve is required if the design steam generating capacity of the boiler is less than 4,000 pounds of steam per hour.

(d) Safety valves and safety relief valves for heating boilers shall have a seat diameter of not less than ½ inch, and not more than 4 ½ inches.

(e) Pressure relief devices shall have a set pressure and relieving capacity in accordance with the requirements of the Accepted Design and Construction Code for the type of equipment on which the pressure relief device is installed. At least one pressure relief device shall have the set pressure set at not greater than the maximum allowable working pressure of the boiler or pressure vessel. The relieving capacity shall not be less than the minimum required relieving capacity indicated on the manufacturer's name plate or stamping, or as otherwise required by the Accepted Design and Construction Code. Safety relief valves installed on tank-type potable water heaters or hot water storage vessels shall be of the combination temperature and pressure relieving type. Instantaneous and coil-type water heaters and hot water supply boilers shall be equipped with a safety relief valve of the combination temperature and pressure relieving type, or as otherwise permitted by the Accepted Design and Construction Code.

(f) All safety valves installed on high pressure boilers shall be installed on top of the boiler, or in the case of watertube boilers on top of the upper drum, with the spindle in the vertical position. All safety valves and safety relief valves installed on heating boilers shall be on top of the boiler or on an opening at the highest practicable part, as determined by industry standards, of the side of the boiler, but in no case shall the safety valve be installed below the normal operating level for a steam boiler. Safety valves and safety relief valves installed on hot water heating boilers, hot water supply boilers, and steam heating boilers shall be installed with the spindles mounted in the vertical position. Safety relief valves for water heaters may be installed with the spindles mounted in either the vertical or horizontal position. In no case may pressure relief devices be mounted on appurtenances, unless permitted by the Accepted Design and Construction Code.

(g) The distance between the pressure relief device outlet nozzle on the boiler and the pressure relief device inlet shall be kept to a minimum consistent with the size of the pressure relief device and the pipe sizes required. In no case shall any valves or stops be installed in the inlet piping to the pressure relief device or in the discharge piping from the pressure relief device. The boiler outlet and the piping between the boiler outlet and the pressure relief device shall have a cross sectional area of not less than the cross sectional area of the pressure relief device inlet.

(h) Discharge piping from the pressure relief device outlet shall be the same size, or larger, than the outlet pipe connection on the pressure relief device and shall be extended full size to a safe location. A safe location shall be interpreted to mean a location within six inches of the finished floor of the mechanical room, to a location outside the building terminating a safe distance above the building roof or to a location outside the building within six inches above the finished grade. For vessels such as organic fluid heaters where the medium presents a hazard, the discharge shall be to a containment vessel large enough to hold all anticipated pressure relief discharges. Discharge piping shall be designed to facilitate drainage or be fitted with drains to prevent liquid from lodging or collecting in the discharge side of the pressure relief device, and such piping shall lead to a safe location of discharge.

(i) Multiple pressure relief devices may be piped to the point of discharge using a common discharge header pipe. The header pipe size shall have a diameter sufficient to provide an equivalent cross-sectional area equal to or larger than the sum of the cross-sectional areas of the pressure relief device outlets to which it is connected.

(j) Pressure relief devices on pressure vessels may be installed with the spindle in the vertical or horizontal position. The pressure relief device inlet, discharge piping, and the requirement for piping the discharge to a safe location shall be the same as noted for boilers. The requirement for discharge piping is optional for pressure vessels used to store compressed air, inert gases, water, or other fluids no more hazardous than water.

(k) Pressure relief devices for pressure vessels shall be installed directly on the pressure vessel unless the source of pressure is external to the vessel, and is under such direct control by the owner or user that the pressure cannot exceed the maximum overpressure permitted by the Accepted Design and Construction Code, and the pressure relief device cannot be isolated from the vessel, except as permitted by Paragraph (l) of this Rule.

(l) A full area stop valve that does not reduce the discharge capacity of the pressure relief device, may be installed between a pressure vessel and the pressure relief device if one of the following is satisfied:

(1) the stop valve is normally locked or sealed in the open position, and may only be closed when there is an attendant stationed at all times at the stop valve when it is in the closed position for inspection, testing, or repair purposes; or

(2) isolating the pressure relief device from the pressure vessel by closing the stop valve also isolates the pressure vessel from the source of pressure.

(m) Pressure relief devices shall be sealed to prevent the valve from being taken apart without breaking the seal. Pressure relief devices for boilers and pressure vessels containing air, water, or steam shall be provided with a test lever, pull test ring or other mechanism that may be used to test the operation of the valve. Pressure relief devices which are required to be provided with a testing mechanism shall be readily accessible for testing from the work platform or other means, such as a pull chain, shall be provided so that the pressure relief device can be tested from the work platform.

(n) When a hot water supply boiler or storage vessel is heated indirectly by steam or hot water in a coil or pipe, the pressure relief device capacity shall be determined by the heating surface available for heat transfer, and the pressure relief device shall not be less than 1 inch diameter.

(o) A person shall not:

(1) attempt to remove, tamper, alter or conduct any work on any pressure relief device while the boiler or pressure vessel is in operation, except as permitted by the Accepted Design and Construction Code or the National Board Inspection Code;

(2) load a pressure relief device in any manner to maintain a working pressure in excess of the maximum allowable working pressure as stated on the inspection certificate;

(3) operate any boiler or pressure vessel without the safety appliances as described in this Chapter, the Accepted Design and Construction Code, and the National Board Inspection Code;

(4) use a pressure relief device required by this Chapter as an operating pressure control; or

(5) remove the seal and attempt to adjust or otherwise work on a pressure relief device unless the person or company removing the seal is an authorized holder of a National Board "VR" stamp.

(p) If an owner or user can demonstrate that a pressure vessel is operating in a system of such design that the maximum allowable working pressure cannot be exceeded, the Chief Inspector shall waive the requirement for installation of a pressure relief device if the pressure vessel meets the safety requirements greater than or equal to the level of protection afforded by this Chapter and the Accepted Design and Construction Code, and does not pose a danger to persons or property. This waiver shall only be granted when the source of pressure is under direct control of the owner or user of the pressure vessel.

(q) Pressure relief device piping shall be supported so that the piping is supported with no additional force being applied to the pressure relief device.

(r) Hydropneumatic storage tanks shall be provided with a relief valve of not less than ¾ inch NPS and rated in standard cubic feet per minute (SCFM). The relief valve shall be installed on top of the tank. This rule applies to any equipment or relief valves installed after January 1, 2009.

(s) Dead weight safety valves are prohibited from use on any boiler or pressure vessel regulated by this Chapter.

(t) When the minimum safety valve relieving capacity is not found on the data plate, the table in this Paragraph may be used to determine the required safety valve capacity for steam boilers. The factor noted in the table shall be multiplied by the heating surface of the boiler to determine required safety valve relieving capacity. When the table in this Paragraph is used for calculations, the additional requirements found in NBIC Part 4, Section 2 for calculating heating surface shall be utilized.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. June 1, 1992; February 1, 1985
  • Recodified from 13 NCAC 13 .0404 Eff. January 1, 1995
  • Amended Eff. January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0406 High Pressure or Temperature Limit Control {#sec-13-ncac-13-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0406}

(a) Each automatically fired steam boiler or system of commonly connected steam boilers shall have at least one steam pressure control that shuts off the fuel supply to each boiler or system of commonly connected boilers when the pressure reaches a preset maximum operating pressure. In addition to the required operating pressure control, each individual automatically fired steam boiler shall have a high steam pressure limit control that shuts off the fuel supply to the boiler to prevent pressure in excess of the maximum allowable working pressure. The high limit control shall be equipped with a manual reset that shall prevent the boiler from being fired after the maximum pressure has been reached until the operator resets the switch manually. Steam boilers shall be provided with a syphons or equivalent that will provide a water seal and protect the pressure controls from being damaged by the steam.

(b) Each automatically fired hot water heating boiler, hot water supply boiler, water heater or each system of commonly connected hot water heating or supply boilers shall have at least one temperature-actuated control to shut off the fuel supply when the system water reaches a preset operating temperature. In addition to the required temperature control, each individual automatically fired hot water heating boiler, hot water supply boiler, and water heater shall have a high temperature limit control that prevents the water temperature from exceeding the maximum allowable temperature for the respective equipment. The high limit control for the hot water heating boilers and hot water supply boilers that are either stamped with the ASME "H" designator or are not constructed in accordance with the ASME Codes shall be equipped with a manual reset that shall prevent the boiler from being fired after the maximum temperature has been reached until the operator resets the switch manually. A manual reset is not required for boilers that bear the AMSE "HLW" designator or for unfired pressure vessels.

(c) Automatic resets or remote resets by electronic means are prohibited. The manual reset may be incorporated in the high limit control. Where the reset device is separate from the high limit control, a means shall be provided to indicate actuation of the high limit control. Each high limit and operating control shall have its own sensing element and operating switch.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodified from 13 NCAC 13 .0407 Eff. January 1, 1995
  • Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. April 1, 2022.
13 NCAC 13 .0407 Pressure Gauges {#sec-13-ncac-13-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0407}

(a) Boilers and pressure vessels, other than water heaters, shall be provided with a pressure indicating gauge which is visible to the operator on the floor or normal work platform.

(b) Pressure gauges shall have a pressure range of not less than 1½ times the operating pressure, nor more than four times the operating pressure, except that steam heating boilers shall have an upper limit of not less than 30 psig nor more than 60 psig, and a dial travel of three inches between 0 psig and 30 psig.

(c) Hot water storage vessels and expansion tanks in boiler systems need not be provided with a pressure gauge in addition to the gauge supplied on the boiler.

(d) Steam boilers shall be provided with a syphon or equivalent which will provide a water seal and protect the gauge from being damaged by the steam.

(e) Pressure vessels, other than those used as air compressor receiver tanks, may have a remotely located pressure indicating device or a system pressure monitoring device in lieu of a pressure gauge connected directly to the pressure vessel.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. January 1, 1995
  • Amended Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0408 Gauge Glasses and Water Columns {#sec-13-ncac-13-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0408}

(a) Steam boilers, except for forced flow steam boilers and forced flow water boilers requiring forced circulation to prevent overheating of the tubes, shall be provided with a visible gauge glass which will allow the operator to observe the water level of the boiler. Boilers with a maximum allowable working pressure in excess of 400 psig shall have two gauge glasses. Two independent remote level indicators may be used, in accordance with the ASME Code, in lieu of one of the gauges. Gauge glasses and remote level indicators must be visible to the operator while reading the pressure at the boiler.

(b) Gauge glasses shall be mounted directly on the boiler or on a water column. Gauge glasses shall be mounted so that the lowest visible part of the gauge glass is above the lowest permissible water level by at least 2 inches for high pressure boilers and 1 inch for steam heating boilers. Gauge glasses may be installed with stop cocks or valves to allow for gauge glass replacement during boiler operation. The connections from the boiler shall be not less than 3/4 inch NPS up to and including the isolation valves, and not less than 1/2 inch outside diameter tubing from the isolation valve to the gauge glass.

(c) Gauge glasses shall be provided with a drain valve or cock and discharge outlet at the bottom-most connection of not less than 1/4 inch diameter. The discharge outlet shall be piped to a safe location to prevent injury to the operator while blowing down the gauge glass.

(d) Water columns, chambers which moderate fluctuations in water elevations for determining the operating water level in a boiler, when used, shall be designed, constructed, and stamped as required by the ASME Code. The piping connections to the boiler shall be not less than 1 inch NPS for high pressure boilers or 3/4 inch NPS for heating boilers. If the water column is connected to the boiler by pipe fittings, no shut off valves of any type shall be placed in such pipe. A cross or equivalent fitting shall be placed at every right angle turn to facilitate cleaning. Water columns shall have a drain valve and discharge outlet of not less than 3/4 inch NPS.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. January 1, 1995
  • Amended Eff. July 1, 2011; July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0409 Automatic Low-Water Fuel Cutoff Controls and Water-Feeding Devices {#sec-13-ncac-13-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0409}

(a) Each automatically fired steam or vapor boiler, except miniature boilers, shall meet the following criteria:

(1) Have at least two automatic low-water fuel cutoff devices;

(2) One of the low-water fuel cutoff devices may also be used to regulate the normal water level;

(3) Each cutoff device shall be installed to prevent startup and to shut down the boiler fuel or energy supply automatically when the surface of the water falls to a level not lower than the lowest visible part of the gauge glass;

(4) One control shall be set to function ahead of the other. The lower fuel cutoff device shall be equipped with a manual reset which shall prevent the boiler from being fired after the low water limit has been reached until the operator resets the switch manually; and

(5) The low-water fuel cutoffs shall be attached to the boiler or to the water column with no stops or valves. For float type low-water fuel cutoffs installed external to the boiler, each device shall be installed in individual chambers which shall be attached to the boiler by separate pipe connections below the waterline. If the low-water fuel cutoff is connected to the boiler by pipe and fittings, no shut off valves of any type shall be placed in such pipe. A cross or equivalent fitting shall be placed at every right angle turn to facilitate cleaning. Piping from the boiler shall be not less than 1 inch NPS. Low-water fuel cutoff designs embodying a float and float bowl shall have a vertical straightaway valved drain pipe of not less than ¾ inch NPS at the lowest point in the water-equalizing pipe connections by which the bowl and the equalizing pipe can be flushed and the device tested.

(b) Each automatically fired hot water heating boiler with heat input greater than 400,000 Btu/hr (117 kW) shall meet the following criteria:

(1) Be protected by a low-water fuel cutoff intended for hot water service;

(2) The fuel cutoff device shall be installed to prevent startup and to shut down the boiler fuel or energy supply automatically when the surface of the water falls to a level not lower than the lowest safe permissible water level established by the boiler manufacturer;

(3) The fuel cutoff device shall be equipped with a manual reset that shall prevent the boiler from being fired after the lowest water level has been reached until the operator resets the switch manually;

(4) The low-water fuel cutoff installed in a hot water heating boiler system may be installed anywhere in the system above the lowest safe permissible water level established by the boiler manufacturer; and

(5) Testing the operation of the low-water fuel cutoff on a hot water heating boiler system shall be provided without resorting to draining the entire system. Such testing shall not render the device inoperable, except as follows:

(A) The device is temporarily inoperative during the testing;

(B) The device automatically returns to operating condition;

(C) The connection may be so arranged that the device cannot be isolated from the boiler except by a cock placed at the device and provided with a tee or lever handle arranged to be parallel to the piping in which it is located when the cock is open.

(c) As permitted by the Accepted Design and Construction Code, coil type boilers or watertube boilers requiring forced circulation to prevent overheating of the coils or tubes may have a flow and/or temperature sensing device installed at or near the boiler proper, in lieu of a low-water fuel cutoff, to automatically cut off the fuel supply when the circulation of flow is interrupted. The flow and/or temperature sensing device shall be independent of all other controls and may be automatically reset when adequate flow is restored. If there is a definitive water line, a low-water fuel cutoff complying with Paragraph (a) or (b) of this Rule, as applicable, shall be provided in addition to the flow-sensing device.

(d) Electric boilers where uncovering of the electrical element can lead to a risk of damage to the boiler shall be equipped with a low-water fuel cutoff device. In the case of electrode type boilers, where the reduction in water level provides a self-limiting control on heat input, a low-water cutoff control is not required.

(e) Automatically fired boilers shall be provided with a system to automatically maintain a constant water level so that the water level cannot fall below the lowest safe water line. This constant water level system requirement shall not apply to hot water heating boilers used in closed-loop radiant floor heating systems when installed in accordance with the manufacturer's instructions.

(f) Low water fuel cutoff devices embodying a float and float bowl shall be installed so that the boiler feedwater or makeup water cannot be introduced through the float chamber.

History

  • Authority G.S. 95-69.14
  • Eff. January 1, 1982
  • Recodified from 13 NCAC 13 .0416 Eff. January 1, 1995
  • Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0410 Temperature Gauges/Thermometers/Temperature Sensors {#sec-13-ncac-13-.0410 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0410}

(a) Every high temperature water boiler, hot water heating boiler, hot water supply boiler or water heater shall be provided with a temperature gauge, thermometer or temperature sensor with the display located and connected so that it is readable. The temperature gauge, thermometer or temperature sensor shall be located so that it indicates the temperature of the water in the boiler at or near the outlet at all times.

(b) Temperature gauges and thermometers shall have a range of approximately two times the intended operating temperature. The temperature gauge shall have a range of no less than one and a half times and no more than four times the intended operating temperature.

(c) Electronic temperature sensors may be used in lieu of temperature gauges and thermometers and shall meet the following requirements:

(1) The sensor shall be powered from the boiler power supply, have a backup power supply, and have a display that remains on at all times;

(2) The full scale of the sensor and display shall be at least 250 degrees Fahrenheit, and shall be accurate to within +/- one degree;

(3) The sensor shall have a minimum operating temperature range of 32 degrees Fahrenheit to 300 degrees Fahrenheit; and

(4) The display shall have an ambient operating temperature range of 32 degrees Fahrenheit to 120 degrees Fahrenheit, unless otherwise required by the application.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1982
  • Recodified from 13 NCAC 13 .0411 Eff. January 1, 1995
  • Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0411 Valves, Drains, and Bottom Blowoffs {#sec-13-ncac-13-.0411 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0411}

(a) High pressure boilers operating in excess of 100 psig must be provided with two stop valves for boiler blowoff and drain outlets. Any boiler having a common steam connection with another boiler, and having a manhole opening, shall be provided with two steam outlet stop valves with an ample free-blow drain or vent between the two stop valves. The discharge of this drain shall be visible to the operator while operating the valve.

(b) All boilers, except for coil-type water tube boilers, shall be provided with a drain outlet and stop valve of not less than 3/4 inch NPS at the lowest water containing space, except that if the boiler is provided with a blowoff outlet at the lowest water containing space, an additional drain outlet is not required.

(c) High pressure boilers shall be provided with a bottom blowoff outlet and valve of not less than 1 inch NPS nor more than 2 1/2 inches NPS, except as modified below:

(1) Miniature high pressure boilers shall have a blowoff outlet of not less than 1/2 inch NPS;

(2) Electric high pressure boilers not greater than 200kW shall have a blowoff outlet of not less than 3/4 inch NPS;

(3) High pressure boilers having a heating surface of 20 square feet or less shall have a blowoff of not less than a ½ inch;

(4) High pressure boilers having a heating surface greater than 20 square feet and not greater than 100 square feet shall have a blowoff outlet of not less than 3/4 inch NPS; and

(5) All other high pressure boilers shall have a blowoff outlet of not less than 1 inch NPS.

(d) Steam heating boilers shall be provided with a bottom blowoff outlet and valve of not less than 1 inch NPS nor more than 2 1/2 inches NPS, except as modified below:

(1) Steam heating boilers having a minimum safety valve relieving capacity not exceeding 500 pounds of steam per hour shall have a blowoff outlet of not less than 3/4 inch NPS;

(2) Steam heating boilers having a minimum safety valve relieving capacity greater than 1250 pounds of steam per hour but not greater than 2500 pounds of steam per hour shall have a blowoff outlet of not less than 1 1/4 inches NPS;

(3) Steam heating boilers having a minimum safety valve relieving capacity greater than 2500 pounds of steam per hour but not greater than 6000 pounds of steam per hour shall have a blowoff outlet of not less than 1 1/2 inches NPS;

(4) Steam heating boilers having a minimum safety valve relieving capacity greater than 6000 pounds of steam per hour shall have a blowoff outlet of not less than 2 inches NPS; and

(5) All other steam heating boilers shall have a blowoff outlet of not less than 1 inch NPS.

(e) All blowoff from boilers shall discharge into a blowdown tank suitable for separating steam and water or shall be piped to prevent injury. Discharge directly to a sewer is prohibited.

(f) Valves for high pressure boilers shall be designed and constructed in accordance with the requirements of ASME Section I, and shall be stamped or embossed with the pressure/temperature rating of the valve.

(g) Valves for heating boilers shall be suitable for the operating pressure and temperature of the boiler.

(h) Pressure reducing valves shall be installed in the makeup water line where inlet supply water pressure is more than 75 percent of the maximum allowable working pressure of the boiler or pressure vessel.

(i) A shutoff valve shall be provided in the makeup water line next to each boiler and shall meet the following specifications:

(1) Each steam heating boiler and hot water heating boiler shall be provided with a shutoff valve and a check valve. The shutoff valve shall be installed either upstream or downstream of the check valve;

(2) Each high pressure boiler, except for high temperature water boilers, shall be provided with a shutoff valve and a check valve. The shutoff valve shall be installed between the check valve and the boiler; and

(3) When two or more high pressure boilers are fed from a common source, there shall also be a globe or regulating valve in the branch to each boiler located between the check valve and the source of the supply.

(j) Pressure vessels subject to corrosion shall be equipped with a drain valve installed at the lowest point of the pressure vessel or by installation of an internal drain pipe installed not more than 1/4 inch above the lowest internal surface.

(k) Automatic drain and blowoff valves for boilers may be installed when permitted by the Accepted Design and Construction Code, and shall be in accordance with the boiler manufacturer's recommendations and instructions.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. January 1, 1995
  • Amended Eff. July 1, 2011; July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0412 Expansion Tanks {#sec-13-ncac-13-.0412 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0412}

(a) Hot water heating systems shall allow for thermal expansion and contraction of the piping to prevent excessive stress from being introduced into the pipe or connected equipment.

(b) When new equipment is installed and a backflow prevention system is installed or already exists on a potable water supply line for a hot water supply boiler or water heater, expansion tanks shall be installed. For water heaters, backflow preventers or check valves may be installed at the meter in water systems.

(c) When expansion tanks are used they shall be constructed and stamped in accordance with the requirements of this Chapter for pressure vessels, unless exempted due to the vessel size or operating limits.

(d) For a closed type system the expansion tank shall be not less than that determined as follows:

Vt = [(0.00041T - 0.0466)Vs]/[(Pa/Pf) - (Pa/Po)] where:

Vt = minimum volume of tank(s), gal

Vs = volume of system, not including tanks, gal

T = average operating temperature, deg F

Pa = atmospheric pressure, psi

Pf = fill pressure, psi

Po = maximum operating pressure, psi.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodified from 13 NCAC 13 .0410 Eff. January 1, 1995
  • Amended Eff. July 1, 2011; January 1, 2009; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0413 Clearances {#sec-13-ncac-13-.0413 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0413}

(a) All boilers and pressure vessels shall be located so that adequate space is provided for proper operation, including visibility of all gauges, for the inspection of all surfaces, tubes, waterwalls, economizers, piping, valves and other equipment, and for maintenance and repair, including replacement of tubes. Boiler clearances shall remain free of all items, including temporarily stored items, other than boiler piping and trim. Boiler piping and trim shall not impede access to the boiler.

(b) Adequate clearance for pressure vessels shall not be less than the following, or as recommended by the manufacturer for the top and sides, a minimum unobstructed clearance of 18 inches shall be provided. Clearance for the bottom shall conform to Paragraph (a) of this Rule.

(c) Adequate clearance for boilers shall not be less than the following, or as recommended by the manufacturer:

(1) Boilers, except water heaters shall have a minimum unobstructed clearance of 36 inches from the top and sides of the boiler. Clearance for the bottom shall conform to Paragraph (a) of this Rule.

(2) Water heaters shall have a minimum unobstructed clearance of 18 inches from the top and sides of the boiler. Clearance for the bottom shall conform to Paragraph (a) of this Rule.

(3) Modular boilers and water heaters that require individual units to be set side by side, front to back, or by stacking, shall have minimum unobstructed clearances as recommended by the manufacturer.

(d) To facilitate entrance of a person during an inspection, boilers or pressure vessels with a manway shall have an unobstructed clearance of not less than 84 inches from the manway, unless otherwise recommended by manufacturer's installation instructions.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodified from 13 NCAC 13 .0409 Eff. January 1, 1995
  • Amended Eff. February 1, 2009; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0414 Gas-Fired Jacketed Steam Kettle {#sec-13-ncac-13-.0414 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0414}

Gas-fired jacketed steam kettles having a steam space of such size that they are subject to the rules in this Chapter shall be equipped with the operating controls and safety devices required for boilers, except that only one low water fuel cutoff control is required.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0415 Age Limit for Certain Boilers and Pressure Vessels {#sec-13-ncac-13-.0415 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0415}

(a) Except as provided in Paragraph (b) of this Rule, a boiler or pressure vessel shall not be operated for longer than 20 years from the date of its installation if it is not constructed according to the ASME Code and has riveted longitudinal lap joints.

(b) The Chief Inspector may authorize operation of a boiler or pressure vessel meeting the criteria listed in Paragraph (a) of this Rule after the owner or user satisfactorily completes such additional examinations, tests, and engineering evaluations as may be deemed necessary by the Chief Inspector, to demonstrate that the boiler or pressure vessel is suitable for operation at the maximum allowable working pressure for the term of the inspection certificate.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodified From 13 NCAC 13 .0405 Eff. January 1, 1995
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0416 Reinstallation of Certain Boilers and Pressure Vessels {#sec-13-ncac-13-.0416 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0416}

(a) A boiler or pressure vessel that is not constructed pursuant to the accepted design and construction code shall not be reinstalled at any location in this State when the reinstallation is accompanied by a change of ownership of the boiler or pressure vessel unless the owner/user receives authorization in writing from the Chief Inspector.

(b) Used boilers or pressure vessels shall not be installed unless an application for permission to install the equipment has been approved in writing according to the rules in this Chapter by the Chief Inspector followed by a certificate inspection by a Deputy Inspector.

(c) Applications to install used or nonstandard boilers or pressure vessels must be made in writing to the Chief Inspector.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodified from 13 NCAC 13 .0406 Eff. January 1, 1995
  • Amended Eff. January 1, 2009; July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0417 Supports {#sec-13-ncac-13-.0417 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0417}

Each boiler and pressure vessel shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the boiler or pressure vessel and its contents and distribute the weight contained thereon. There shall be no excessive vibration in the boiler, pressure vessel, or connected piping or fittings.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodifed from 13 NCAC 13 .0408 Eff. January 1, 1995
  • Amended Eff. January 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0418 Venting of Non-Pressurized Condensate Receivers {#sec-13-ncac-13-.0418 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0418}

Two means of venting shall be provided on any condensate receiver tank equipped with an internal float. The tank shall have two separate connections, one to be used as a vent and one as an overflow, and shall be so piped.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Recodifed from 13 NCAC 13 .0412 Eff. January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0419 Air and Ventilation Requirements {#sec-13-ncac-13-.0419 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0419}

(a) Unobstructed air openings shall be sized on the basis of 1 sq. in. (650 sq. mm) free area per 2000 Btu/hr. maximum fuel input of the combined burners located in the boiler room, or as specified in the National Fire Protection Association (NFPA) standards for oil and gas burning installations for the particular job conditions. The boiler room air supply openings shall be kept clear at all times.

(b) Power ventilators or fans shall be sized on the basis of 0.2 cfm (0.0057 cubic meters per minute) for each 1000 Btu/hr. of maximum fuel input for the combined burners of all boilers and water heaters located in the boiler room.

(c) When power ventilators or fans are used to supply combustion air they shall be installed with interlock devices so that the burners will not operate without an adequate number of ventilators/fans in operation.

(d) Oil, gas and solid fuel fired boilers and pressure vessels shall be equipped with exhaust flues, stacks, or chimneys discharging to a safe point outside of the building.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1982
  • Recodified from 13 NCAC 13 .0413 Eff. January 1, 1995
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0420 Firing Mechanism Controls {#sec-13-ncac-13-.0420 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0420}

(a) Automatically fired boilers and pressure vessels shall be provided with firing mechanism controls.

(b) Oil, gas-fired, and electrically heated boilers shall be equipped with primary flame safeguard safety controls, safety limit switches, and burners or electric elements that conform to the North Carolina Building Code in effect at the time of installation.

(c) Automatically fired boilers installed after January 1, 2007, shall be provided with a remote emergency shutdown switch marked for identification. The remote shutdown switch shall be located outside each door of the room in which the boiler is located. Alternatively, the shutdown switch may be located just inside the entrance door(s) where the equipment is located. If there is more than one door to the boiler room, there shall be a switch located at each door designed for primary emergency egress from the boiler room. Boilers that bear the ASME "HLW" designator are not required to be provided with a remote emergency shutdown switch. For boilers not installed in a boiler or equipment room, such as outdoors, on a roof top, or in an open indoor space, the remote emergency shutdown switch shall be accessible within 50 feet of the boiler and located at a safe distance from the boiler as determined by the inspector. The remote shutdown switch shall not be located on the boiler.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. January 1, 1995
  • Amended Eff. February 1, 2009; July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0421 North Carolina Special {#sec-13-ncac-13-.0421 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0421}

(a) The North Carolina Department of Labor shall issue an inspection certificate for a boiler or pressure vessel constructed under standards equivalent to those established in the ASME Code if an application for permission to construct and install a North Carolina Special is submitted to and approved by the Chief Inspector prior to commencing construction. The Chief Inspector shall approve a request for an inspection certificate if the application is complete and if the information contained in the application demonstrates that the boiler or pressure vessel is as safe as a similar boiler or pressure vessel constructed to the requirements of the ASME Code. The application, which may be in the form of a letter, shall contain relevant data proving that its construction is equivalent to ASME standards. The Chief Inspector or his designee may elect to visit, at the expense of the owner or user, or manufacturer, the facility where the boiler or pressure vessel is under construction in order to audit the manufacturer's construction techniques, personnel qualifications, and quality control program.

(b) The North Carolina Department of Labor shall issue an inspection certificate for a boiler or pressure vessel which has operated in another state even if the ASME construction and stamping requirements otherwise contained in the North Carolina Rules are not satisfied if the following requirements are satisfied:

(1) the state in which the boiler or pressure vessel was operated enforces ASME Code requirements for similar boilers and pressure vessels;

(2) the boiler or pressure vessel was inspected during construction by an inspector commissioned by the state in which the item was installed or manufactured; and

(3) the report from the last certifi­cate inspec­tion conducted in the state in which the boiler or pressure vessel was previou­sly in­stalled is made avail­able to the Chief Inspector, and the inspection resulted in the applicable authorization for operation.

(c) The applicant shall submit a design specification, certified by a professional engineer, to the Chief Inspector to verify that the boiler or pressure vessel meets the ASME Code as far as is practicable. The following documentation shall be included as a minimum:

(1) design calculations and drawings;

(2) material test reports or their equivalent, and for material not allowed by ASME, an evaluation of the materials in comparison to the most similar material approved for ASME construction;

(3) a record of welding qualifications as required by Section IX of the ASME Welding and Brazing Qualifications Code; and

(4) satisfactory results of any additional examination or test deemed necessary by the Chief Inspector.

(d) Design calculations for pressure vessels to be operated in excess of 3,000 psig shall include a fatigue analysis as described in ASME Section VIII, Division 2 or 3, to determine the operating lifetime of the pressure vessel, and a proposal for operation that details the owner or user's monitoring program to verify compliance with the fatigue analysis.

(e) The maximum allowable working pressure for the boiler or pressure vessel as established in the calculations shall be consistent with what is required by the ASME Code for similar boilers or pressure vessels.

(f) Boilers and pressure vessels operating as North Carolina State Specials shall meet all installation, alteration, inspection, repair, and operation requirements of this Chapter.

(g) The Chief Inspector shall approve operation of boilers and pressure vessels which were constructed to the requirements of a department of the federal government which enforces requirements equivalent to the ASME Code, provided an application as otherwise required by this Chapter is submitted to the Chief Inspector and found acceptable.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. March 2, 1992
  • Recodified from 13 NCAC 13 .0415 Eff. January 1, 1995
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024.
13 NCAC 13 .0422 Exhibition Boilers {#sec-13-ncac-13-.0422 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0422}

Exhibition boilers shall meet the following requirements:

(1) Exhibition boilers that are not built to the ASME Code shall not be operated above 125 psig without written approval by the Chief Inspector, who shall base such approval on documentation and calculations submitted by the owner or user. The documents and calculations, with an inspection, must provide evidence to support the exhibition boiler operating at higher pressure ratings.

(2) Safety relief valves shall not exceed the maximum allowed working pressure of the boiler and shall be ASME/NB certified valves.

(3) Each boiler shall have:

(a) an operating pressure gauge which shall be approximately double the pressure to which the safety relief valve is set but in no case shall it be less than 1 1/2 times the set pressure;

(b) a safety relief valve which shall be capable of protecting the boiler from over pressurization; and

(c) a water gauge glass.

(4) When fusible plugs are used, they shall conform to NBIC Part 2 as applicable.

(5) A hydrostatic test shall be required by the inspector if it is necessary to prove the integrity of the pressure boundary. The hydrostatic test shall not exceed 125 percent of the maximum allowed working pressure of the vessel or the set pressure of the safety valve, whichever is greater.

(6) Upon completion of the inspection and payment of the applicable fees referenced in this Chapter, the Chief Inspector shall issue a Certificate of Inspection valid for one year.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0423 Model Hobby Boilers {#sec-13-ncac-13-.0423 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0423}

Model hobby boilers shall meet the following requirements:

(1) Each boiler shall have:

(a) an operating pressure gauge that shall not be less than 1 ½ times nor more than four times the operating pressure of the boiler;

(b) two safety relief valves each of which shall be capable of protecting the boiler from over pressurization. Requirements for ASME/NB certification are waived. If an ASME/NB safety relief valve is utilized, only one safety relief valve is required;

(c) an accessible mud-ring valve;

(d) a water gauge glass; and

(e) if constructed of copper, a fusible plug in the top of the crown sheet.

(2) The construction requirements established by the Department of Labor shall not apply to Model Hobby Boilers when the following requirements are met:

(a) Documentation to verify the design and construction specifications have been reviewed and accepted by the Chief Inspector; and

(b) The boiler and associated components have been constructed using material rated for the intended service.

(3) Upon completion of the inspection and payment of the applicable fees referenced in this Chapter, the Chief Inspector shall issue a Certificate of Inspection valid for one year.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. November 1, 2024; April 1, 2022.
13 NCAC 13 .0501 General Requirements {#sec-13-ncac-13-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0501}

(a) All aspects of a nonstandard boiler or pressure vessel including, but not limited to, its installation, repair, alteration, inspection, appurtenances, and operation shall conform to the ASME Code and the National Board Inspection Code and the Rules in this Chapter, except for the design criteria for the boiler or pressure vessel proper and pressure piping.

(b) Replacement parts for the boiler or pressure vessel shall conform to the ASME Code and the Rules in this Chapter.

(c) An inspector shall determine the maximum allowable working pressure for a nonstandard boiler or pressure vessel in accordance with the Rules in this Chapter.

(d) The maximum allowable working pressure on the shell of a nonstandard boiler or pressure vessel shall be determined by the strength of the weakest course computed from the thickness of the plate, the tensile strength of the material, the efficiency of the longitudinal joint, inside diameter of the weakest course and the factor of safety set by the Rules in this Chapter.

(e) For cylindrical pressure parts subject to internal pressure:

(TStE)/(RFS) = maximum allowable working pressure, psig.

(f) Design variables:

(1) TS = ultimate tensile strength of shell plate; if unknown, it shall be taken as 45,000 psi;

(2) t = minimum thickness of shell plate of weakest course, in inches;

(3) E = efficiency of longitudinal joint depending upon construction;

(A) values for riveted joints are determined by calculated riveted efficiency; and

(B) values for fusion welded joints and riveted joints are determined pursuant to the following table:

WELD JOINT DESIGN EFFICIENCY

Single lap weld 0.40

Double lap weld 0.50

Single butt weld 0.60

Double butt weld 0.75

RIVETED JOINT DESIGN EFFICIENCY

Single lap 0.58

Double lap 0.74

Double butt and strap 0.82

Triple butt and strap 0.84

Quadruple butt and strap 0.94

(4) R = inside radius of weakest course of shell, in inches, provided the thickness does not exceed 10 percent of the radius; if the thickness is over 10 percent of the radius, the outer radius shall be used;

(5) FS = factor of safety allowed by the Rules in this Chapter.

(g) The maximum allowable working pressure for cylindrical nonstandard boilers and pressure vessels subject to external pressure, flat or formed heads, and non-circular boilers and pressure vessels shall be determined by the most applicable rules for new construction in the ASME Code.

(h) The maximum allowable working pressure for cast iron boilers, including boilers having cast iron shells or heads and steel or wrought iron tubes, shall be not greater than 30 psig for water service and 15 psig for steam service.

(i) Replacement parts, repair, and alteration of nonstandard boilers and pressure vessels shall be as required for ASME stamped boilers and pressure vessels of similar design.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0502 Nonstandard Heating Boilers {#sec-13-ncac-13-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0502}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0503 Nonstandard Pressure Vessels {#sec-13-ncac-13-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0503}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0504 Factors of Safety {#sec-13-ncac-13-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0504}

(a) For nonstandard boilers, the factor of safety is four and one-half, except for horizontal-return tubular boilers having continuous longitudinal lap seams more than twelve feet in length, where the factor of safety is eight. When this latter type of boiler is removed from its existing setting, it shall not be reinstalled for pressure in excess of fifteen psig.

(b) The factor of safety for nonstandard boilers with lap-riveted longitudinal seams less than twelve feet in length is six.

(c) The factor of safety for a nonstandard boiler with butt and double-strapped longitudinal seams is five.

(d) For nonstandard pressure vessels, the factor of safety is four, except that for non-ASME Code constructed hydropneumatic storage tanks containing water under pressure at ambient temperatures the factor of safety is two.

History

  • **
  • Authority G.S. 95-69.11; 95-69.14
  • Temporary Amendment [(e)! Eff. March 10, 1982, for a Period of 120 Days to Expire on July 8, 1982
  • Eff. May 29, 1981
  • Amended Eff. June 1, 1982
  • Readopted [(e) Eff. January 1, 1986]
  • Amended Eff. January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0601 Minimum Standards {#sec-13-ncac-13-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0601}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0602 Discharge Lines {#sec-13-ncac-13-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0602}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0603 Vessels Heated Indirectly by Steam or Water {#sec-13-ncac-13-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0603}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0604 Prohibition Against Use {#sec-13-ncac-13-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0604}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0605 Vent Pipes {#sec-13-ncac-13-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0605}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0606 Heat Source Standards {#sec-13-ncac-13-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0606}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0607 Access to the Vessel {#sec-13-ncac-13-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0607}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0608 Pressure-Reducing Valves in City Lines {#sec-13-ncac-13-.0608 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0608}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0609 Shutoff Valves {#sec-13-ncac-13-.0609 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0609}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. February 1, 1985; January 1, 1982
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0701 Standards {#sec-13-ncac-13-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0701}

(a) Nuclear power components and systems covered under the scope of Section III of the ASME Code shall be designed, constructed, reworked, stamped, and installed in accordance with Section III of the ASME Code. Balance of plant items may be constructed under other applicable ASME Code sections.

(b) All nuclear power systems falling under the scope of the ASME Code, Section III, are inspected in service under the requirements of Section XI of the ASME Code. The equipment is not required to be inspected under this Chapter. Balance of plant pressure equipment not covered by Section XI are required to be registered with a North Carolina identification number and inspected in accordance with this Chapter.

(c) A vessel composed of two or more pressure retaining compartments shall constitute one complete unit for the purpose of assigning the North Carolina identification number.

(d) The design criteria for nuclear power systems shall be certified as to compliance with Section III of the ASME Code.

History

  • Authority G.S. 95-69.9; 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. October 1, 2008; July 1, 2006; June 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. April 1, 2022.
13 NCAC 13 .0702 Inspection During Construction {#sec-13-ncac-13-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0702}

The constructor of a nuclear power plant shall have a contract with an Authorized Inspection Agency who will be responsible for ASME Code, Section III third party code inspections. It is the duty of the Authorized Nuclear Inspector (ANI) to conduct all of the inspections specified by the rules of the ASME Code, Section III and ASME QAI-1,in addition to such other inspections and tests as in his judgment are necessary to verify that the equipment is fabricated and installed in accordance with requirements of the ASME Code and these Rules.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0703 Inservice Inspection {#sec-13-ncac-13-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0703}

The owner/operator of an operating nuclear power plant shall have a contract with an Authorized Inspection Agency who will be responsible for ASME Code, Section III and Section XI third party code inspections. It is the duty of the ANI and Authorized Nuclear In-service Inspector (ANII), as applicable, to make all of the inspections specified by the rules of the ASME Code, Section III, Section XI and ASME QAI-1, and any other inspections and tests necessary to verify that the equipment is inspected, examined, repaired or replaced in accordance with requirements of the ASME Code.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0704 Inspector Qualifications {#sec-13-ncac-13-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0704}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0705 Semi-Annual Audit of Nuclear Inspectors {#sec-13-ncac-13-.0705 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0705}

The Authorized Inspection Agency shall maintain qualified Authorized Nuclear Supervisors (ANIS) to monitor the performance of the ANI and ANII and to audit the activities at the nuclear power plants for which inspection agreements have been made. The ANIS shall conduct audits of all the aspects of a ANI and ANII activities at the nuclear power plant.

History

  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Amended Eff. July 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 13 .0706 Construction {#sec-13-ncac-13-.0706 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0706}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0801 Inspection Certificate {#sec-13-ncac-13-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0801}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0802 Application for a North Carolina Commission {#sec-13-ncac-13-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0802}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0803 North Carolina Certificate of Competency {#sec-13-ncac-13-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0803}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0804 North Carolina Commission {#sec-13-ncac-13-.0804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0804}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0805 Owner-User Agency Applications {#sec-13-ncac-13-.0805 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0805}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0806 Owner-User Inspection Agency Statements {#sec-13-ncac-13-.0806 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0806}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0807 Inspection Request {#sec-13-ncac-13-.0807 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0807}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0808 Incident Report {#sec-13-ncac-13-.0808 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0808}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0809 Inspection Report {#sec-13-ncac-13-.0809 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0809}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.13; 95-69.14; 95-69.15
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995; June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0810 Reinspection Report {#sec-13-ncac-13-.0810 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0810}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0811 Inspection Service Agreement {#sec-13-ncac-13-.0811 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0811}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995, June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0812 Report of Repair or Alteration {#sec-13-ncac-13-.0812 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0812}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995, June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0813 Audit Report {#sec-13-ncac-13-.0813 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0813}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995, June 1, 1982
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0814 Report of Nuclear Inspector's Activities {#sec-13-ncac-13-.0814 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0814}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0815 Repair Letter Notice of Noncompliance {#sec-13-ncac-13-.0815 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0815}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Amended Eff. January 1, 1995
  • Repealed Eff. July 1, 2006.
13 NCAC 13 .0816 Menace to Public Safety Letter {#sec-13-ncac-13-.0816 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0816}

History

  • Status: repealed
  • Authority G.S. 95-69.11
  • Eff. May 29, 1981
  • Repealed Eff. January 1, 1995.
13 NCAC 13 .0817 Menace to Public Safety Notice {#sec-13-ncac-13-.0817 omnilex-key=us-nc-regs-official--title-13--13 NCAC 13 .0817}

History

  • Status: repealed
  • Authority G.S. 95-69.11; 95-69.14
  • Eff. May 29, 1981
  • Repealed Eff. November 1, 2006.

Chapter 14 Apprenticeship and Traning Division

Subchapter A

13 NCAC 14A .0101 Name: Address {#sec-13-ncac-14a-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0101}

History

  • Authority G.S. 94-1; 94-2
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0101 Eff. March 15, 2010.
13 NCAC 14A .0102 Definitions {#sec-13-ncac-14a-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0102}

History

  • Authority G.S. 94-1; 94-2
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0104 Eff. March 15, 2010.
13 NCAC 14A .0103 Apprenticeship Council {#sec-13-ncac-14a-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0103}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2
  • Eff. February 1, 1984
  • Repealed Eff. December 1, 2010.
13 NCAC 14A .0104 Discretionary Powers of Director {#sec-13-ncac-14a-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0104}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0105 Eff. March 15, 2010.
13 NCAC 14A .0105 Certification {#sec-13-ncac-14a-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0105}

History

  • Status: repealed
  • Authority G.S. 94-1; 94-2; 94-4; 94-8
  • Eff. February 1, 1984
  • Repealed Eff. December 1, 2010.
13 NCAC 14A .0106 Computation of Wages: Beginning Training {#sec-13-ncac-14a-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0106}

History

  • Authority G.S. 94-1; 94-2; 94-5; 94-7
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0107 Eff. March 15, 2010.
13 NCAC 14A .0107 Employer Participation in Group Programs {#sec-13-ncac-14a-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0107}

History

  • Authority G.S. 94-1; 94-2; 94-9
  • Eff. February 1, 1984
  • Recodified to Rule .14B .0106(b) Eff. March 15, 2010.
13 NCAC 14A .0108 Public Access to Records {#sec-13-ncac-14a-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0108}

History

  • Status: repealed
  • Authority G.S. 132-1; 132-2; 132-6
  • Eff. February 1, 1984
  • Repealed Eff. December 1, 2010.
13 NCAC 14A .0109 Participation Is Voluntary {#sec-13-ncac-14a-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0109}

History

  • Authority G.S. 94-1; 94-2; 94-11
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0106(a) Eff. March 15, 2010.
13 NCAC 14A .0201 Registration Agency {#sec-13-ncac-14a-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0201}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-8
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0102(a) Eff. March 15, 2010.
13 NCAC 14A .0202 Criteria for Apprenticeable Occupations {#sec-13-ncac-14a-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0202}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0201 Eff. March 15, 2010.
13 NCAC 14A .0203 Minimum Qualifications of Apprentices {#sec-13-ncac-14a-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0203}

History

  • Authority G.S. 94-1; 94-2; 94-6
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0207 Eff. March 15, 2010.
13 NCAC 14A .0204 Requirements and Standards of Apprenticeship {#sec-13-ncac-14a-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0204}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1990
  • Recodified to Rule 14B .0202 Eff. March 15, 2010.
13 NCAC 14A .0205 Apprenticeship Agreement {#sec-13-ncac-14a-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0205}

History

  • Authority G.S. 94-2; 94-4; 94-7; 94-8
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0208 Eff. March 15, 2010.
13 NCAC 14A .0301 Registration Request Procedure {#sec-13-ncac-14a-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0301}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0204 Eff. March 15, 2010.
13 NCAC 14A .0302 Registration of Program {#sec-13-ncac-14a-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0302}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0205(a)-(d) Eff. March 15, 2010.
13 NCAC 14A .0303 Registration of Apprentice and Agreement {#sec-13-ncac-14a-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0303}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-8; 94-12
  • Eff. February 1, 1984
  • Emergency Amendment Eff. August 27, 2009
  • Temporary Amendment Eff. October 29, 2009
  • Recodified to Rule 14B .0209 Eff. March 15, 2010.
13 NCAC 14A .0304 Denial of Request for Registration {#sec-13-ncac-14a-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0304}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0210 Eff. March 15, 2010.
13 NCAC 14A .0305 Reciprocity for Foreign Registrations {#sec-13-ncac-14a-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0305}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0205(e) Eff. March 15, 2010.
13 NCAC 14A .0306 Revision of Apprenticeship Standards or Agreement {#sec-13-ncac-14a-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0306}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0211 Eff. March 15, 2010.
13 NCAC 14A .0307 Sponsor's Reporting Requirements {#sec-13-ncac-14a-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0307}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0206 Eff. March 15, 2010.
13 NCAC 14A .0308 Termination and Extension of Agreements {#sec-13-ncac-14a-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0308}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-6
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0212 Eff. March 15, 2010.
13 NCAC 14A .0309 Certificate of Completion {#sec-13-ncac-14a-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0309}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-12
  • Eff. February 1, 1984
  • Emergency Amendment Eff. August 27, 2009
  • Temporary Amendment Eff. October 29, 2009
  • Recodified to Rule 14B .0213 Eff. March 15, 2010.
13 NCAC 14A .0310 Suspension During Union Activity {#sec-13-ncac-14a-.0310 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0310}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-11
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0214 Eff. March 15, 2010.
13 NCAC 14A .0401 State Approving Agency {#sec-13-ncac-14a-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0401}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0103(a) Eff. March 15, 2010.
13 NCAC 14A .0402 Approval of Apprenticeship Programs {#sec-13-ncac-14a-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0402}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0103(b) Eff. March 15, 2010.
13 NCAC 14A .0403 Approval of Ojt Programs: Criteria {#sec-13-ncac-14a-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0403}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0303 Eff. March 15, 2010.
13 NCAC 14A .0404 Standards for Ojt {#sec-13-ncac-14a-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0404}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1990
  • Recodified to Rule 14B .0301 Eff. March 15, 2010.
13 NCAC 14A .0405 Ojt Agreement {#sec-13-ncac-14a-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0405}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0305 Eff. March 15, 2010.
13 NCAC 14A .0406 Approval Procedure for Ojt Programs {#sec-13-ncac-14a-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0406}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0302 Eff. March 15, 2010.
13 NCAC 14A .0407 Submission and Recording of Ojt Agreements {#sec-13-ncac-14a-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0407}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0306 Eff. March 15, 2010.
13 NCAC 14A .0408 Denial of Request for Approval {#sec-13-ncac-14a-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0408}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0307 Eff. March 15, 2010.
13 NCAC 14A .0409 Revision of Ojt Standards or Agreement {#sec-13-ncac-14a-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0409}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0308 Eff. March 15, 2010.
13 NCAC 14A .0410 Termination and Extension of Agreements {#sec-13-ncac-14a-.0410 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0410}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0309 Eff. March 15, 2010.
13 NCAC 14A .0411 Sponsor's Reporting Requirements {#sec-13-ncac-14a-.0411 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0411}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0304 Eff. March 15, 2010.
13 NCAC 14A .0412 Certificate of Completion {#sec-13-ncac-14a-.0412 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0412}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0310 Eff. March 15, 2010.
13 NCAC 14A .0501 Compliance Reviews {#sec-13-ncac-14a-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0501}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0401 Eff. March 15, 2010.
13 NCAC 14A .0502 De-Registration or Withdrawal of Approval of Program {#sec-13-ncac-14a-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0502}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0402 Eff. March 15, 2010.
13 NCAC 14A .0503 Voluntary De-Registration or Withdrawal {#sec-13-ncac-14a-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0503}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0403 Eff. March 15, 2010.
13 NCAC 14A .0504 De-Registration or Withdrawal {#sec-13-ncac-14a-.0504 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0504}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1988
  • Recodified to Rule 14B .0404 Eff. March 15, 2010.
13 NCAC 14A .0505 De-Registration or Withdrawal for Inactivity {#sec-13-ncac-14a-.0505 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0505}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1988
  • Recodified to Rule 14B .0405 Eff. March 15, 2010.
13 NCAC 14A .0506 Equal Opportunity Violations {#sec-13-ncac-14a-.0506 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0506}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0408 Eff. March 15, 2010.
13 NCAC 14A .0507 Reinstatement of Registration or Approval {#sec-13-ncac-14a-.0507 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0507}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0406 Eff. March 15, 2010.
13 NCAC 14A .0508 De-Registration or Cancellation of Agreement {#sec-13-ncac-14a-.0508 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0508}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-12
  • Eff. February 1, 1984
  • Emergency Amendment Eff. August 27, 2009
  • Temporary Amendment Eff. October 29, 2009
  • Recodified to Rule 14B .0407 Eff. March 15, 2010.
13 NCAC 14A .0601 Disputes to Be Resolved Locally {#sec-13-ncac-14a-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0601}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-7
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0501 Eff. March 15, 2010.
13 NCAC 14A .0602 Complainants {#sec-13-ncac-14a-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0602}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-7
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0502 Eff. March 15, 2010.
13 NCAC 14A .0603 Complaint Procedure {#sec-13-ncac-14a-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0603}

History

  • Authority G.S. 94-1; 94-2; 94-4; 94-7
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1988
  • Recodified to Rule 14B .0503 Eff. March 15, 2010.
13 NCAC 14A .0604 Certain Disputes Excluded {#sec-13-ncac-14a-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0604}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0504 Eff. March 15, 2010.
13 NCAC 14A .0701 Declaration of Emergency {#sec-13-ncac-14a-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0701}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0311(a) Eff. March 15, 2010.
13 NCAC 14A .0702 Performance of Duties Under Emergency {#sec-13-ncac-14a-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0702}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0311(b) Eff. March 15, 2010.
13 NCAC 14 .0801 State Plan {#sec-13-ncac-14-.0801 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14 .0801}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0102(b) Eff. March 15, 2010.
13 NCAC 14A .0802 Definitions {#sec-13-ncac-14a-.0802 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0802}

History

  • Authority G.S. 94-1; 94-2
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0601 Eff. March 15, 2010.
13 NCAC 14A .0803 General Equal Opportunity Requirements {#sec-13-ncac-14a-.0803 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0803}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0602 Eff. March 15, 2010.
13 NCAC 14A .0804 Exemptions from Specific Requirements {#sec-13-ncac-14a-.0804 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0804}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0603 Eff. March 15, 2010.
13 NCAC 14A .0805 Analysis: Underutilization {#sec-13-ncac-14a-.0805 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0805}

History

  • Authority G.S. 94-1; 94-2
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0604 Eff. March 15, 2010.
13 NCAC 14A .0806 Goals: Establishment {#sec-13-ncac-14a-.0806 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0806}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0605 Eff. March 15, 2010.
13 NCAC 14A .0807 Goals: Attainment and Adjustment {#sec-13-ncac-14a-.0807 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0807}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0606 Eff. March 15, 2010.
13 NCAC 14A .0808 Affirmative Action Plan: Outreach {#sec-13-ncac-14a-.0808 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0808}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0607 Eff. March 15, 2010.
13 NCAC 14A .0809 Selection Procedures {#sec-13-ncac-14a-.0809 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0809}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0608 Eff. March 15, 2010.
13 NCAC 14A .0810 List of Eligibles: Public Notice {#sec-13-ncac-14a-.0810 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0810}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0609 Eff. March 15, 2010.
13 NCAC 14A .0811 Records {#sec-13-ncac-14a-.0811 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0811}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0610 Eff. March 15, 2010.
13 NCAC 14A .0812 Compliance Reviews {#sec-13-ncac-14a-.0812 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0812}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0611 Eff. March 15, 2010.
13 NCAC 14A .0813 Sanctions {#sec-13-ncac-14a-.0813 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0813}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1988
  • Recodified to Rule 14B .0612 Eff. March 15, 2010.
13 NCAC 14A .0814 Private Review Bodies {#sec-13-ncac-14a-.0814 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0814}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0613 Eff. March 15, 2010.
13 NCAC 14A .0815 Complaint Procedure {#sec-13-ncac-14a-.0815 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0815}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Amended Eff. August 1, 1988
  • Recodified to Rule 14B .0614 Eff. March 15, 2010.
13 NCAC 14A .0816 Intimidation or Retaliation {#sec-13-ncac-14a-.0816 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0816}

History

  • Authority G.S. 94-1; 94-2; 94-4
  • Eff. February 1, 1984
  • Recodified to Rule 14B .0615 Eff. March 15, 2010.
13 NCAC 14A .0901 Apprenticeship Registration and Annual Fees {#sec-13-ncac-14a-.0901 omnilex-key=us-nc-regs-official--title-13--13 NCAC 14A .0901}

History

  • Authority G.S. 94-1; 94-4; 94-12
  • Emergency Adoption Eff. August 27, 2009
  • Temporary Adoption Eff. October 29, 2009
  • Recodified to Rule 14B .0701 Eff. March 15, 2010.

Chapter 15 Elevator and Amusement Device Division

13 NCAC 15 .0101 Elevator and Amusement Device Division {#sec-13-ncac-15-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0101}

The main office of the Elevator and Amusement Device Division, which administers the provisions of Article 14, Article 14A, Article 14B and Article 15 of Chapter 95 of the North Carolina General Statutes, is located in the Raleigh office of the North Carolina Department of Labor. The mailing address and telephone number are:

Elevator and Amusement Device Division

North Carolina Department of Labor

1101 Mail Service Center

Raleigh, North Carolina 27699-1101

919-707-7927

History

  • Authority G.S. 95-110.4; 95-110.5; 95-111.4; 95-120
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. March 1, 2025.
13 NCAC 15 .0102 Applicability {#sec-13-ncac-15-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0102}

The requirements of this Chapter shall be applicable to the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, and relocation of, and investigation of accidents involving devices and equipment subject to Articles 14, 14A, 14B and 15 of Chapter 95 of the North Carolina General Statutes as hereinafter specified.

History

  • Authority G.S. 95-110.5; 95-111.4; 95-120
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0103 Definitions {#sec-13-ncac-15-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0103}

(a) The definitions found in G.S. 95-110.3, 95-111.3 and 95-117 are applicable throughout this Chapter unless a different meaning is plainly required by the context.

(b) The following definitions also apply throughout this Chapter.

(1) The term "alteration" means any change made to an existing device or piece of equipment other than the repair or replacement of damaged, worn or other parts necessary for operation.

(2) The term "division" means the Elevator and Amusement Device Division of the North Carolina Department of Labor.

(3) The term "existing installation" means any device or equipment, the application for the installation of which was filed with the department or the installation of which was completed before the effective date of the rules and regulations which are currently in effect.

(4) The term "new installation" means any device or equipment, the application for the installation or relocation of which is filed with the department on or after the effective date of these rules and regulations.

History

  • Authority G.S. 95-110.3; 95-110.5; 95-111.3; 95-111.4; 95-117; 95-120
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0104 Notification of Decision by Owner or Operator {#sec-13-ncac-15-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0104}

(a) Whenever the owner or operator of any device or equipment has received an order from the Commissioner that the use of the device or equipment should be stopped or limited pursuant to G.S. 95-110.6, 95-111.6, or 95-123, he shall notify the Director in writing within 15 days of receipt of such order:

(1) certifying that the device or equipment has been repaired or altered in compliance with the Commissioner's specifications;

(2) indicating his intention to comply with the standards of safety for such devices or equipment with the understanding that:

(A) the use of the device or equipment will be limited as specified by the Commissioner's order;

(B) the certificate of operation is suspended until the device or equipment has been repaired or altered in compliance with the Commissioner's specifications; or

(C) the certificate of operation has been permanently revoked; or

(3) requesting a hearing pursuant to Chapter 150B of the General Statutes.

(b) Where the owner or operator fails to notify the Director within 15 days of receipt of the order or refuses to discontinue or limit operation of the device or equipment, the Director may obtain injunctive relief on behalf of the Commissioner.

History

  • Authority G.S. 95-110.5; 95-110.6; 95-111.4; 95-111.6; 95-120; 95-123
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0105 Notation of Suspension or Revocation {#sec-13-ncac-15-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0105}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-110.6; 95-111.4; 95-111.6; 95-120; 95-124
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0106 Occurrence Reporting for Tramways {#sec-13-ncac-15-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0106}

(a) The owner of any aerial passenger tramway shall within 24 hours notify the Director of each and every occurrence involving such device or equipment when:

(1) The occurrence results in death or injury requiring medical treatment, other than first aid, by a physician. First aid means the one-time treatment or observation of scratches, cuts not requiring stitches, burns, splinters and contusions or a diagnostic procedure, including examination and x-rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel; or

(2) The occurrence results in a damage to the device indicating a substantial defect in design, mechanics, structure or equipment, affecting the future safe operation of the device. No reporting is required in the case of normal wear and tear.

(b) The Director, without delay, after notification and determination that an occurrence involving injury or damage as specified in Subsection (a) has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the Division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.

(c) No person, following an occurrence as specified in Subsection (a), shall operate, attempt to operate, use or move or attempt to move such device or equipment, or part thereof, without the approval of the Director, unless so as to prevent injury to any person or persons.

(d) No person, following an occurrence as specified in Subsection (a), shall remove or attempt to remove from the premises any damaged or undamaged part of such device or equipment or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The department must initiate its investigation within 24 hours of being notified.

History

  • Authority G.S. 95-120; 95-122
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0107 Exceptions and Special Devices {#sec-13-ncac-15-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0107}

The Director may at his discretion grant exceptions from the requirements of this Chapter or permit the use of other devices. Requests for exceptions or use of special devices shall contain specific information detailing how the exception or use of a special device will provide equivalent safety as the original design or device. Exceptions or the use of special devices shall be considered only when made by written request. All requests for exceptions or use of special devices shall be given due consideration by the Director and a decision rendered within ten days of receipt of such request whenever possible. Where the investigation of such requests makes it impossible to render a decision within the time specified, the person making the request shall be notified of the delay within ten days.

History

  • Authority G.S. 95-110.5; 95-111.4; 95-120
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0201 New Installations of Elevators, Escalators, Dumbwaiters and Moving Walks {#sec-13-ncac-15-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0201}

(a) The design, construction, installation, inspection, and operation of all new installations of elevators, dumbwaiters, escalators, and moving walks, shall conform to the rules in this Section and the A17.1 - American National Standard Safety Code for Elevators and Escalators, which is incorporated by reference subject to the modifications provided in Paragraph (b) of this Rule. This incorporation includes subsequent amendments and editions of the Code.

(b) The provisions of the A17.1 - American National Standard Safety Code for Elevators and Escalators shall be subject to the following modifications:

(1) Rule 2.1.2.1 – Observation Elevators Not Fully Enclosed. Change the rule to read as follows: For observation elevators which are not fully enclosed, protection at landings shall be provided as follows:

(A) An enclosure shall be provided which shall extend a minimum of ten (10) feet above the floor.

(B) The enclosure shall be constructed of unperforated material.

(C) Enclosures shall be located in the general line of the hoistway. Horizontal clearance shall be the same as stated in Section 2.5.

(2) Rule 3.18.3.4 – Safety Bulkhead. Change the rule to read as follows:

(A) For new installations only, cylinders buried in the ground shall be provided with a safety bulkhead having an orifice of a size that would permit the car to descend at a speed not greater than 0.075 m/s (14 ft/min), nor less than 0.025 m/s (5 ft/min). A space of not less than 25 mm (1 in.) shall be left between the welds of the safety bulkhead and the other cylinder head. Safety bulkheads shall conform to 3.18.3.6.

(B) For existing installations only, cylinders buried in the ground do not have to be provided with a safety bulkhead of the type referred to in Part (A) of this Paragraph, provided that the following conditions are met:

(i) The relief valve setting and system pressure test prescribed by 8.11.3.2.1, and the cylinder test prescribed by 8.11.3.2.2, are each performed two times per year; and

(ii) After each of the tests referred to Subpart (i) of this Part, have been performed successfully, the test tag prescribed by 8.11.1.6 shall be installed in the machine room.

(C) A safety bulkhead shall not be required where a double cylinder is used and where both inner and outer cylinders conform to 3.18.3.

(c) The rules of this Chapter shall control when any conflict between these Rules and the A17.1 - American National Standard Safety Code for Elevators and Escalators exists.

(d) Copies of the A17.1 - American National Standard Safety Code for Elevators and Escalators are available for public inspection in the office of the Division, and may be obtained from the American Society of Mechanical Engineers (ASME), via U.S. Mail at Two Park Avenue, New York, New York 10016-5990, via telephone at (800) 843-2763, or via the internet at www.asme.org. The cost is one-hundred ninety-five dollars ($195.00) per copy.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Temporary Amendment Eff. January 1, 2000
  • Amended Eff. December 1, 2004; July 1, 2003; April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0202 EXISTING INSTALLATIONS OF ELEVATORS, ESCALATORS, DUMBWAITERS AND MOVING WALKS, ALTERATIONS, repairs AND EXCEPTIONS {#sec-13-ncac-15-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0202}

(a) Existing Installations. Existing installations of elevators, escalators, dumbwaiters, and moving walks shall be maintained under the departmental standards (if any) in effect at the time of their installation. Existing installations shall also meet the following standards, whether or not there were departmental standards in effect at the time of their installation:

(1) Electrically-powered elevator driving machines shall be equipped with a friction brake applied by a spring or springs or by gravity and released electrically.

(2) The car of every elevator suspended by wire ropes shall be provided with one or more safety devices. The safeties shall be attached to the car frame and one safety shall be located within or below the lowest members of the car frame (safety plank). All safeties shall be designed and installed in accordance with Section 2.17 of the A17.1 - American National Standard Safety Code for Elevators and Escalators.

(3) Operating devices for electrically-powered or electrically-controlled elevators shall be of the enclosed electric type. Rope or rod operating devices activated directly by hand, or rope operating devices activated by wheels, levers or cranks shall not be used.

(4) Elevator hoistways shall be enclosed throughout their height and all hoistway landing openings shall be protected with doors or gates. Hoistway enclosures shall be constructed to have a fire resistive rating of not less than one hour.

(5) Hoistway enclosure doors or gates shall be equipped with electric interlocks.

(6) Each elevator car shall be permanently enclosed on all sides and the top, except the sides for entrance and exit. Car side enclosures shall be of such strength and so designed and installed that when subjected to a pressure of 75 pounds applied horizontally at any point on the walls of the enclosure, the deflection will not exceed one inch.

(7) Car top enclosures shall be so designed and installed as to be capable of sustaining a load of not less than 100 pounds at any one point.

(8) An emergency exit with a cover shall be provided in the top of all elevator cars. The exit opening shall have an area of not less than 400 square inches and shall not measure less than 16 inches on any side. The exit shall be so located as to provide a clear unobstructed passage through it. The exit cover shall open outward and be hinged or otherwise attached to the car top and arranged to be opened from the top of the car only.

(9) A door or gate shall be provided at each entrance to the car.

(10) Doors shall be of the horizontally or vertically sliding type. Gates shall be of the vertically sliding or horizontally sliding collapsible type located not more than 1-3/4 inches from the car sill. Gates shall extend from a point not less than one inch above the car floor to not less than six feet above the car floor.

(11) Vertically sliding gates when in the fully opened position shall provide an entrance of not less than six feet in height. Such gates shall be provided with pull straps to facilitate closing of the gate.

(12) Each car door shall be equipped with a car door or gate electric contact so located as to be inaccessible from inside the car door and shall stop the car when the gate is opened a maximum of two inches.

The completion of any of the items in Subparagraphs (a)(1) through (12) of this Rule that increases the gross load of the elevator shall not reduce the safety factor of the driving machine below that required by Rule 2.24.3 of the A17.1 - American National Standard Safety Code for Elevators and Escalators.

(b) Exceptions. Existing elevators in warehouses of not more than two floors that are not accessible to the general public are exempt from Subparagraphs (a)(4) through (12) of this Rule providing that all of the following conditions are met:

(1) The warehouse shall be used solely for the purpose of storing materials and products.

(2) Hoistways that are not fully enclosed shall be protected by guards to prevent access to the hoistways by other than elevator personnel.

(3) All capabilities of operating the elevator from the car or platform shall be removed.

(4) Riders shall not be permitted to ride the car or platform.

(5) A sign stating "Absolutely No Riders Permitted" in letters no less than one inch high on a contrasting background shall be posted at each entrance to the elevator.

(c) If an existing installation meets the requirements of Paragraph (a) of this Rule, it shall be issued a regular certificate of operation pursuant to Rule .0306 of this Chapter. If an existing installation is maintained under the departmental standards (if any) in effect at the time of its installation and is not exposing the public to an unsafe condition likely to result in serious personal injury or property damage, but does not meet the twelve standards specifically set out in Paragraph (a) of this Rule, it shall be issued a certificate of operation containing the following statement:

"Warning: This elevator has been inspected and found to be in a reasonably safe condition; however, it is not equipped with some of the safety features now required by the Department of Labor."

If the existing installation is not in compliance with the requirements of Paragraph (a) of this Rule, the following sign in letters no less than one inch high on a contrasting background shall be posted within and at each entrance to the elevator:

"Riders prohibited -- only a trained operator may ride this elevator."

(d) Units of existing installations which are out-of-service and not continuously maintained for a period exceeding one year shall be properly landed by complying with the following:

(1) Land both car and counterweight (if any) at the bottom of the hoistway. Elevators of the roped type shall have their hoist ropes disconnected at both ends.

(2) All electric power shall be removed by disconnecting and removing the power feeders.

(3) All hoistway entrances shall be permanently secured to prevent accidental or inadvertent entry into the hoistway.

Any elevator, dumbwaiter, escalator or moving walk that has been properly landed or otherwise removed from service for a period exceeding one year shall comply with the requirements of the A17.3 - American National Standard Safety Code for Existing Elevators and Escalators in effect at the time they are returned to service, which is hereby incorporated by reference. This incorporation includes subsequent amendments and editions of this Code.

Copies of the A17.3 - American National Standard Safety Code for Existing Elevators and Escalators are available for public inspection in the office of the Division, and may be obtained from the American Society of Mechanical Engineers (ASME), via U.S. Mail at Two Park Avenue, New York, New York 10016-5990, via telephone at (800) 843-2763, or via the internet at www.asme.org. The cost is seventy-five dollars ($75.00) per copy.

(e) Alterations, repairs, replacement, maintenance, inspections and operation of existing installations of elevators, escalators, dumbwaiters or moving walks shall conform to the requirements of Sections 8.6 and 8.7 of the A17.1 - American National Standard Safety Code for Elevators and Escalators.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. January 1, 2005; May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0203 Safety Standard for Manlifts {#sec-13-ncac-15-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0203}

(a) The design, construction, installation, alteration, repair, replacement, inspection, maintenance and operation of all manlifts shall conform to the rules in this Section and the A90.1 - American National Standard Safety Standard for Manlifts, which is hereby incorporated by reference. This incorporation includes subsequent amendments and editions of this Code.

(b) The rules of this Chapter shall control when any conflict between these rules and the A90.1 - American National Standard Safety Standard for Manlifts exists.

(c) Copies of the A90.1 - American National Standard Safety Standard for Manlifts are available for inspection at the offices of the Division and may be obtained from the American Society of Mechanical Engineers (ASME), via U.S. Mail at Two Park Avenue, New York, New York 10016-5990, via telephone at (800) 843-2763, or via the internet at www.asme.org. The cost is fifty dollars ($50.00) per copy.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004; May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0204 Personnel Hoists Code {#sec-13-ncac-15-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0204}

(a) The design, construction, installation, alteration, repair, replacement, inspection and operation of all personnel hoists shall conform to the rules in this Section and the A10.4 - American National Standard Safety Requirements for Personnel Hoists, which is hereby incorporated by reference. This incorporation includes subsequent amendments and editions of this Code.

(b) The rules of this Chapter shall control when any conflict between these rules and the A10.4 - American National Standard Safety Requirements for Personnel Hoists exists.

(c) Copies of the A10.4 - American National Standard Safety Requirements for Personnel Hoists are available for inspection at the offices of the Division and may be obtained from the American National Standards Institute (ANSI), via U.S. Mail at 1899 L Street, NW, 11th Floor, Washington, DC 20036, via telephone at (202) 293-8020, or via the internet at www.ansi.org. The cost is fifty-three dollars ($53.00) per copy.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004; May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0205 Tramway Requirements {#sec-13-ncac-15-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0205}

(a) The rules of this Chapter shall control when any conflict exists between these Rules and the American National Standards Institute (ANSI) standards that are incorporated by reference herein.

(b) The construction, operation, and maintenance of all passenger tramways shall conform to the ANSI B77.1, Passenger Ropeways-Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors, which is hereby incorporated by reference, including subsequent amendments and editions.

(c) The construction, operation, and maintenance of all funiculars shall conform to the rules in this Chapter and the ANSI B77.2 – Funiculars – Safety Requirements, which is hereby incorporated by reference, including subsequent amendments and editions.

(d) Copies of all ANSI standards incorporated by reference in this Rule may be obtained from the American National Standards Institute via U.S. Mail at 1899 L Street, NW, 11th Floor, Washington, DC 20036, via telephone at (202) 293-8020, or via the internet at www.ansi.org. The cost of each publication is as follows:

(1) ANSI B77.1 is two hundred dollars ($200.00):

(2) ANSI B77.2 is seventy-five dollars ($75.00).

History

  • Authority G.S. 95-120
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004; May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025; December 1, 2020.
13 NCAC 15 .0206 National Electrical Code {#sec-13-ncac-15-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0206}

(a) All devices and equipment subject to this Chapter shall be designed, constructed, installed, maintained and operated in accordance with the rules in this Section and the requirements of the NFPA 70 - National Electrical Code, which is hereby incorporated by reference. This incorporation includes subsequent amendments and editions of this Code.

(b) The rules of this Chapter shall control when any conflict between these rules and the NFPA 70 -National Electrical Code exists.

(c) Copies of the NFPA 70 - National Electrical Code are available for inspection in the offices of the Division and may be obtained from the North Carolina State Board of Examiners of Electrical Contractors, via U.S. Mail at 505 N. Greenfield Parkway, Suite 100, Garner, NC 27529, via telephone at (919) 733-9042, or via the internet at www.ncbeec.org. The cost is fifty-nine dollars ($59.00) per copy.

History

  • Authority G.S. 95-110.5; 95-111.4; 95-120
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004; May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0207 Safety Standards for Stairway Chairlifts, and Inclined and Vertical Wheelchair Lifts {#sec-13-ncac-15-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0207}

(a) The design, construction, installation, alteration, repair, replacement, inspection, maintenance and operation of all installations of inclined stairway chairlifts, and inclined and vertical wheelchair lifts shall conform to the rules in this Section and the A18.1 - American National Standard Safety Code for Platform Lifts and Stairway Chairlifts, which is hereby incorporated by reference. This incorporation includes subsequent amendments and editions of this Code.

(b) The rules of this Chapter shall control when any conflict between these rules and the A18.1 - American National Standard Safety Code for Platform Lifts and Stairway Chairlifts exists.

(c) Copies of the A18.1 - American National Standard Safety Code for Platform Lifts and Stairway Chairlifts are available for inspection at the offices of the Division, and may be obtained from the American Society of Mechanical Engineers (ASME), via U.S. Mail at Two Park Avenue, New York, New York 10016-5990, via telephone at (800) 843-2763, or via the internet at www.asme.org. The cost is seventy-five dollars ($75.00) per copy.

History

  • Authority G.S. 95-110.5
  • Eff. December 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0208 Safety Standards for Wind Turbine Tower Elevators {#sec-13-ncac-15-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0208}

(a) The design, construction, installation, alteration, repair, replacement, inspection, maintenance, and operation of all installations of wind turbine tower elevators shall conform to the rules in this Section and Standard A17.8-2016 of the American Society of Mechanical Engineers, incorporated by reference with subsequent amendments and editions.

(b) The rules of this Chapter shall control if any conflict exists between these Rules and Standard A17.8-2016 of the American Society of Mechanical Engineers.

(c) Copies of Standard A17.8-2016 of the American Society of Mechanical Engineers are available for inspection at the offices of the Division and may be obtained from the American Society of Mechanical Engineers (ASME) via U.S. Mail at ASME Headquarters, Two Park Avenue, New York, New York 10016-5990, via telephone at (800) 843-2763; or via the internet at www.asme.org. The publication is available in print or digitally at a cost of fifty-eight dollars ($58.00) per copy.

History

  • Authority G.S. 95-110.5
  • Eff. November 1, 2018
  • Amended Eff. April 1, 2025.
13 NCAC 15 .0301 Section Applicability {#sec-13-ncac-15-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0301}

The requirements of this Section are applicable to all devices and equipment within the scope of Article 14A of Chapter 95 of the General Statutes.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0302 Responsibility {#sec-13-ncac-15-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0302}

Responsibility for the installation, alteration, operation, maintenance, and reporting of accidents for elevators, dumbwaiters, escalators, moving walks, personnel hoists, and special equipment shall be as follows:

(1) The equipment manufacturer shall be responsible for designing and manufacturing equipment in compliance with the applicable code.

(2) The person or firm installing or altering elevators, dumbwaiters, escalators, moving walks, personnel hoists, and special equipment shall be responsible for obtaining all permits and approvals. He shall be responsible for the safe operation of equipment during the installation until a certificate of operation has been issued and for conducting all tests required by these rules.

(3) The owner, his duly appointed agent, or the lessee shall be responsible for the safe operation and proper maintenance of elevators, dumbwaiters, escalators, moving walks, personnel hoists, and special equipment after the installation has been approved and a certificate has been issued. He shall be responsible for conducting all periodic or maintenance tests required by these rules.

(4) The owner shall also be responsible for having elevators in closed buildings inspected by North Carolina Department of Labor inspectors. The owner or agent shall contact the Elevator and Amusement Device Division to arrange a convenient time for inspection. Elevators not inspected shall be considered as being removed from service.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0303 Construction Permits {#sec-13-ncac-15-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0303}

(a) Before erecting or constructing a new elevator, dumbwaiter, workman's hoist, escalator, moving walk, stairway inclined lift, or vertical wheelchair lift, or before moving such an apparatus from one location to another, or before making alterations to existing equipment, the owner or his authorized agent shall obtain a permit from the Director. The owner or his authorized agent shall submit an application for a permit accompanied by duplicate plans and drawings showing the proposed construction, type of equipment and mode of operation. The application to install which consists of the original and three copies shall include the following information:

(1) name and address of architect, owner, and installer;

(2) type and design of equipment;

(3) pertinent information as to the location of the equipment and such specifications as required by the Elevator Safety Code.

(b) Upon finding that the application is in compliance with the regulations of this Chapter, the Director will issue a permit, subject to final field inspection.

(c) The permit shall be posted in a conspicuous place on the job site prior to the start of any work to be done.

(d) Upon receiving information indicating violation of this Rule, the Director may cause the stoppage of all work on that job until a hearing, pursuant to the provisions of the Administrative Procedure Act, N.C. General Statutes, Chapter 150B Article 3 can be held to determine the reason for the violation.

(e) The operation or use of any new, altered, or relocated equipment subject to the Elevator Safety Code other than by the installer acting under the authority of a construction permit is prohibited until such equipment has passed tests and inspections as required by Rule .0305 of this Section and a certificate to this effect has been issued in accordance with Rule .0306 of this Section.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0304 Numbering {#sec-13-ncac-15-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0304}

All new devices and equipment shall have a registration number assigned by the Division painted on or attached in plain view to the elevator car, to the escalator or moving walk balustrade, or to the driving mechanism of all other equipment. This registration number also shall be shown on the certificate of operation. The owner or operator is responsible for having the registration number painted on or attached to the device or equipment.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0305 Acceptance Inspection {#sec-13-ncac-15-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0305}

(a) Notification. The person or firm installing, moving or altering any device or equipment shall notify the Director at least five days before the inspection is desired. The notification shall be in writing and shall include the following:

(1) name and address of the contractor,

(2) name and address of the owner,

(3) location of the device or equipment,

(4) date of request for inspection.

If the person or firm installing, moving or altering the device or equipment will not be ready for inspection on the date requested, he shall immediately notify the Director so that an inspector will not be required to make an unnecessary trip.

(b) Inspections. The Director or an inspector of the Division shall inspect all new, altered or relocated devices or equipment subject to this Chapter for conformity with the requirements of these regulations. The inspection shall be made, when practicable, within two days of the date requested.

(c) Elevators, Dumbwaiters, Escalators and Moving Walks. The person or firm installing, moving or altering an elevator, dumbwaiter, escalator, moving walk, inclined stairway chairlift, or inclined or vertical wheelchair lift, shall, in the presence of the Director or an inspector, subject the new, moved or altered portions of the equipment to an acceptance test as required by the Elevator Safety Code.

(d) Special Equipment. The person or firm installing, moving or altering any special equipment shall, in the presence of the Director or an inspector, subject the new, moved or altered portion of the equipment to such tests as may be required by the Director to insure safe operation.

(e) Violations. If, after inspecting and performing tests on the equipment, the inspector determines that the condition of the equipment is not in full compliance with the rules of this Chapter, the inspector will inform the person or firm installing, moving or altering the device of any violations and will require compliance before a certificate for operation, as prescribed in Rule .0306 of this Section, will be issued.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0306 Certificates of Operation {#sec-13-ncac-15-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0306}

(a) Issuing of Final Certificates of Operation. A certificate of operation shall be issued by the Director where the inspections and tests, required by Rule .0305 of this Section, show beyond a reasonable doubt that the equipment has been designed and installed in accordance with the requirements of these Rules.

(b) Framing of Certificates. The certificate furnished by the Director shall be maintained in a suitable frame under transparent cover.

(c) Numbering of Certificates. The final certificate of operation shall show the registration number of the equipment for which it is issued, as required in Rule .0304 of this Section.

(d) Posting of Certificates of Operation. The required certificates shall be posted conspicuously as follows:

(1) inside elevator cars, or

(2) inside dumbwaiter cars, or

(3) inside escalator and moving walk machine rooms, or

(4) in locations designated by the Division.

(e) Limited Certificate of Operation.

(1) Issuance for Elevator. The Director may allow the temporary use of any elevator for passenger or freight service during its installation or alteration under the authority of a limited certificate, issued for each class of service. Such limited certificate shall not be issued for elevators until the elevator has been tested with rated load, and the car safety, hoistway door interlocks, car door switch, and terminal stopping devices have been tested to determine the safety of the equipment for construction purposes.

(2) Issuance for Personnel Hoist. The Director may allow the temporary use of any personnel hoist under the authority of a limited certificate. Such limited certificate shall not be issued until the personnel hoist has been tested with rated load, and the car safety, hoistway door interlocks, car door switch, and terminal stopping devices have been tested to determine the safety of the equipment.

(3) Life of Limited Certificates of Operation. Limited certificates of operation may in the case of an elevator be issued for a period not to exceed 90 days. Limited certificates of operation for a personnel hoist may be used for a period not exceeding the length of the applicable construction project. Such certificates may be renewed upon receiving a written request showing cause for renewal. Such request must be received 15 days prior to the expiration of said limited certificate.

(4) Posting of Limited Certificates of Operation. Limited certificates of operation shall be posted conspicuously on each elevator or personnel hoist. Such limited certificates for elevators shall bear a notice stating that the equipment has not been finally approved.

(f) Revocation of Certificate of Operation.

(1) The Director may revoke a certificate of operation for any of the following reasons:

(A) Operation of an unsafe device or equipment which is likely to result in personal injury or property damage.

(B) Failure to comply with the provisions of Article 14A of Chapter 95 of the North Carolina General Statutes or the rules in this Chapter.

(C) Non-payment of the inspection fees established in 13 NCAC 15 .0702 if payment is not received within 30 days of the date of invoice.

(2) If the Director revokes a certificate of operation pursuant to 13 NCAC 15 .0306(f)(1), the affected party shall be given notice of the availability of an administrative hearing and of judicial review in accordance with Article 3 of Chapter 150B of the N.C. General Statutes.

(g) Reissuance of Revoked Certificate of Operation.

(1) If the Director revokes a certificate of operation pursuant to 13 NCAC 15 .0306(f)(1)(a), the owner or operator shall notify the Director in writing when the hazard has been abated and shall request a reinspection of the device or equipment. Once the Director or his assignee has conducted the requested reinspection and has determined that the hazard has been abated and the device may be operated safely, the certificate of operation shall be reissued upon payment of the inspection fee pursuant to 13 NCAC 15 .0702 and the reissuance fee pursuant to 13 NCAC 15 .0706. Payment of the applicable fees shall be made in accordance with 13 NCAC 15 .0306(g)(4).

(2) If the Director revokes a certificate of operation pursuant to 13 NCAC 15 .0306(f)(1)(b), the owner or operator shall notify the Director in writing when the provisions of Article 14A of Chapter 95 of the North Carolina General Statutes and the rules in this Chapter have been satisfied. Once the Director or his assignee has conducted the requested reinspection and determined that the provisions of Article 14A of Chapter 95 of the North Carolina General Statutes and rules of this Chapter have been satisfied, the certificate of operation shall be reissued upon payment of the inspection fee pursuant to 13 NCAC 15 .0702 and the reissuance fee pursuant to 13 NCAC 15 .0706. Payment of the applicable fees shall be made in accordance with 13 NCAC 15 .0306(g)(4).

(3) If the Director revokes a certificate of operation pursuant to 13 NCAC 15 .0306(f)(1)(c), upon payment of the original inspection fee pursuant to 13 NCAC 15 .0702 and the reissuance fee pursuant to 13 NCAC 15 .0706, the certificate of operation shall be reissued. Payment of the applicable fees shall be made in accordance with 13 NCAC 15 .0306(g)(4).

(4) Payment of the fees referenced in this rule shall be made by credit card, certified check, bank check or money order payable to the North Carolina Department of Labor. The owner shall notify the Division in writing when payment has been made.

History

  • Authority G.S. 95-110.5; 95-110.6
  • Eff. August 1, 1987
  • Amended Eff. July 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0307 Maintenance and Periodic Inspections and Tests {#sec-13-ncac-15-.0307 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0307}

(a) Inspections and Tests. Devices and equipment shall be subject to maintenance and periodic inspections and tests in accordance with the requirements of the A17.1 - American National Standard, incorporated by reference under Rule .0201 of this Chapter; and in accordance with the National Electric Code, incorporated by reference under Rule .0206 of this Chapter. Special equipment as defined by G.S. 95-110.4(n) shall be subject to periodic and to maintenance inspections and tests in accordance with A17.1 of the ASME Safety Code for Elevators and Escalators, the National Electric Code, and manufacturers' specifications.

(b) Inspections.

(1) Advance Notice. Inspections shall be accomplished without advance notice, except where the Director determines that advance notice of an inspection is necessary to complete the inspection.

(2) Inspection Report Forms. The inspector shall note findings of his inspection and tests on the inspection report form.

(c) Certificate of Operation Issuance.

(1) Closing Conference. After the inspections and tests of the equipment prescribed in this Rule, the inspector shall, when possible, hold a closing conference with the owner or his representative.

(2) Approval. When the inspector has determined that the equipment is in compliance with the rules in this Chapter and G.S. 95 Article 14A, the inspector may reissue the certificate of operation.

(3) Violations creating unsafe conditions. When the inspector has determined the equipment is not in compliance with the regulations of this Chapter and all applicable law, and that the non-compliance creates an unsafe condition that exposes the public to an unsafe condition likely to result in serious personal injury or property damage, the inspector shall immediately order, in writing, that the use of the equipment be stopped until such time as it is determined that the equipment has been made safe for use by the public. The inspector shall provide the owner or his representative with a description of all violations and necessary repairs.

(A) Notice. After an inspector has issued a written order which stops or limits the use of the equipment, the owner or his representative shall notify the Division, in writing, when the equipment is brought into compliance with the regulations of this Chapter and G.S. 95 Article 14A.

(B) Reinspection. After receipt of written notice from the owner or his representative that the equipment has been brought into compliance with the regulations of this Chapter and all applicable law, an inspector shall reinspect to determine if all violations have been corrected and necessary repairs have been made and the equipment is in compliance with the rules in this Chapter and G.S. 95 Article 14A.

(4) Violations not creating unsafe conditions. When the inspector has determined the equipment is not in compliance with the regulations of this Chapter and G.S. 95 Article 14A, and that the non-compliance does not create an unsafe condition which is exposing the public to an unsafe condition likely to result in serious personal injury or property damage, the inspector shall provide the owner or his representative with a description of all violations and necessary repairs.

(A) Corrective action. The owner or his representative shall have 60 calendar days from receipt of written notice of all violations and necessary repairs to comply with the regulations of this Chapter and all applicable law, correct violations and complete necessary repairs.

(B) Notice. The owner or his representative shall notify the Division in writing within 60 calendar days of receiving written notification of the violations and necessary repairs that the equipment has been brought into compliance with the regulations of this Chapter and G.S. 95 Article 14A.

(C) Follow-up Inspection. If the owner or his representative fails to provide notice of abatement as required by Part (B) of this Subparagraph, and an inspection is required to determine status of abatement, then the owner or his representative shall pay a follow-up inspection fee of two hundred dollars ($200.00).

(d) Tests. Periodic tests required by the A17.1 - American National Standard Safety Code for Elevators and Escalators shall be performed in the presence of an elevator inspector whenever possible. In the absence of an inspector, a signed copy of the test report shall be sent to the Director of the Division without delay. The report shall be signed by the person conducting such tests.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Amended Eff. March 1, 2015; December 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0308 Wiring Diagrams {#sec-13-ncac-15-.0308 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0308}

Wiring diagrams for elevators shall be left in the machine room in a permanently mounted receptacle and shall not be removed except by permission of the Director.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0309 Limitations on Wheelchair Lifts {#sec-13-ncac-15-.0309 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0309}

No inclined or vertical wheelchair lift shall be installed between any two floors already being served by an elevator.

History

  • Authority G.S. 95-110.5
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0401 Applicability {#sec-13-ncac-15-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0401}

The Section is applicable to all amusement devices within the scope of Article 14B of Chapter 95 of the General Statutes.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0402 Responsibility for Compliance {#sec-13-ncac-15-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0402}

(a) Every owner, operator, manufacturer, or designer of an amusement device shall comply with the rules of this Section.

(b) Designers and manufacturers of amusement devices shall follow the procedures of the ASTM F1159 – Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards, which is hereby incorporated by reference, including all subsequent amendments and editions.

(c) Designers and manufacturers of amusement devices shall follow the procedures of the ASTM F1193 – Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices, which is hereby incorporated by reference, including all subsequent amendments and editions.

(d) Owners of amusement devices shall follow the procedures of ASTM F770 – Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices, which is hereby incorporated by reference, including all subsequent amendments and additions.

(e) Copies of all ASTM International standards incorporated by reference in this Rule may be obtained from ASTM International via U.S. Mail at P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, via telephone at (610) 832-9500, or via the internet at www.astm.org. The cost of each publication is as follows:

(1) ASTM F1159 is forty-four dollars ($44.00) per copy;

(2) ASTM F1193 is fifty-six dollars ($56.00) per copy;

(3) ASTM F770 is forty-four dollars ($44.00) per copy.

(f) An engineering analysis prepared by the manufacturer of each ride or device shall be submitted to the North Carolina Department of Labor, Elevator and Amusement Device Bureau, prior to the time of inspection and before the ride or device is operated in North Carolina.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Amended Eff. December 1, 2004; June 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. December 1, 2020.
13 NCAC 15 .0403 Load Tests {#sec-13-ncac-15-.0403 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0403}

(a) Test Required. Load tests will not be required on a regular basis. The Director may, however, at his discretion require a load test to be made on devices of the following types:

(1) devices having suspended passenger seats or spaces,

(2) devices normally operated at speeds or with movements creating severe centrifugal forces,

(3) devices so elevated that structural failure is likely to cause passengers to be injured by falling, or

(4) devices on which the Director has ordered such a test upon finding it necessary to assure safety.

(b) Evidence of Test. Unless a load test is made in the presence of a representative of the Director, the Director may accept a certified copy of such test made by a person qualified to perform such tests, showing whether the device withstood the test without failures in any material respect and setting forth such other relevant information as the Director may require. Until such a statement is so filed it shall be presumed that the device has not withstood the test as required.

(c) Nature of Test. Each passenger seat or space shall be weighted with at least 170 pounds dead weight, except that in a device intended only for small children each seat or space shall be weighted with at least 90 pounds as recommended by ASTM F 1159. While so loaded the device shall be so operated at maximum normal speed as to test the full operation or all control devices, speed limiting devices, brakes and other equipment provided for safety.

(d) Effect of Test. If the device fails to withstand a load test it shall be deemed unsafe and shall not be used until and unless it has withstood a subsequent load test without failure in any material respect. If the device has withstood a load test without failure in any material respect it shall be required to be so tested again only if rebuilt or modified or if there are reasonable grounds to believe that a further test is necessary to assure safety and the Director orders such test to be made.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0404 Location Notices {#sec-13-ncac-15-.0404 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0404}

No amusement device shall be used at any time or location unless prior notice has been given to the Director pursuant to G.S. 95-111.8. Notice shall include:

(1) the name and permanent address of the operator,

(2) the name and identification number of every amusement device,

(3) the intended date(s) and location(s) of use, and

(4) the date the inspection is requested.

History

  • Authority G.S. 95-111.4; 95-111.8
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0405 Inspections {#sec-13-ncac-15-.0405 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0405}

An inspector shall inspect each amusement device at each location to determine if the device:

(1) has been soundly constructed and properly erected,

(2) has been modified to comply with any changes in safety requirements prescribed by the manufacturer,

(3) has complied with the rules and regulations of this Section, and

(4) has in existence a policy of insurance as required by G.S. 95-111.12.

History

  • Authority G.S. 95-111.4; 95-111.12
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0406 Unsafe Devices {#sec-13-ncac-15-.0406 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0406}

If the inspector finds that the amusement device presents an imminent danger, he may attach to such device a notice warning all persons against the use thereof. Such notice shall not be removed until the device is made safe, and then only by a representative of the Director. In the meantime, the device shall not be used.

History

  • Authority G.S. 95-111.4; 95-111.6; 95-111.9
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0407 Identification and Rating Plates {#sec-13-ncac-15-.0407 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0407}

Every amusement device shall be identified by a trade or descriptive name and an identification number, and there shall be firmly attached to the device in a readily visible location a metal plate upon which there is legibly impressed the name and number of the device, its model number if any, and the name and address of its manufacturer. Upon the same or another metal plate so attached there shall be legibly impressed the maximum safe number of passengers, and the maximum safe speed.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0408 Rebuilt and Modified Devices {#sec-13-ncac-15-.0408 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0408}

If an amusement device which has withstood a performance test as required in Rule .0403 of this Section is thereafter materially rebuilt or so modified to change its original action:

(1) The device shall be re-identified by a different name or identification number or both.

(2) The device shall be subject to all other rules of this Section as if it were a new device not previously used.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0409 Assembly and Disassembly {#sec-13-ncac-15-.0409 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0409}

(a) Competent Supervision. The assembly and disassembly of an amusement device shall be done by or under the immediate supervision of a person experienced and instructed in the proper performance of such work in respect to the device.

(b) Quality of Assembly. Assembly work shall be performed in a proper and workmanlike manner. Parts shall be properly aligned, and shall not be bent, distorted, cut or otherwise injured to force a fit. Parts requiring lubrication shall be lubricated in course of assembly. Fastening and locking devices, such as bolts, cap screws, cotter pins, and lock washers, shall be installed where required for dependable operation. Nuts shall be drawn tight, cotter pins shall be spread and lock nuts firmly set. All brakes shall be adjusted for proper operation.

(c) Welding. Welding of parts upon which safe operation depends shall be done by welders qualified in accordance with the requirements of the American Welding Society.

(d) Quality and Inspection of Parts. Parts which are excessively worn or which have been materially damaged shall not be used. Close visual inspection of parts shall be made during assembly to discover such wear or damage and immediate inspection of fastening devices shall be made after assembly to assure that they have been properly installed.

(e) Tools and Equipment. Persons engaged in the assembly or disassembly of amusement devices shall be provided with and shall use tools of proper size and design to enable the work to be done safely. Broken, damaged and unsuitable tools shall not be used. Electrically operated tools shall be grounded during use. Ladders, scaffolds, and safety belts used in assembly or disassembly work shall be of such design, material and construction as to provide reasonable and adequate protection to the persons using them. Fiber rope used in assembly or disassembly work shall be standard quality manila or equivalent in strength. Tackle blocks shall be of a size to fit the rope. All load-carrying equipment shall be designed and constructed throughout to support the intended load.

(f) Lighting. Assembly and disassembly of amusement devices shall be done under light conditions sufficient to permit the work to be properly performed and inspected.

(g) Persons in Work Area. A sufficient number of persons to do the work properly shall be engaged for the assembly or disassembly of amusement devices. Persons not so engaged in this work and who may create a hazard shall be prevented from entering the work area.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0410 Daily Inspection and Test {#sec-13-ncac-15-.0410 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0410}

An amusement device shall be inspected and tested each day when it is intended to be used. The inspection and test shall be made by a person experienced and instructed in the proper assembly and operation of the device and shall be performed before the device is put into normal operation. The inspection and test shall include the operation of control devices, speed-limiting devices, brakes and other equipment provided for safety. A record of each inspection and test shall be made at once upon completion of the test on a form provided by the Director and shall be kept with the device and available to the Director for at least the previous 12 months.

History

  • Authority G.S. 95-111.4; 95-111.5
  • Eff. August 1, 1987
  • Amended Eff December 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0411 Control of Operation {#sec-13-ncac-15-.0411 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0411}

Every operator shall have knowledge of the use and function of all normal emergency operation controls and of the proper use of the device. An operator shall be in the immediate vicinity of the operating controls during operation and no other person shall be permitted to handle such controls during normal operation. This provision does not apply to amusement devices designed to be operated or controlled by a passenger.

History

  • Authority G.S. 95-111.4; 95-111.11
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0412 Overloading and Overspeeding {#sec-13-ncac-15-.0412 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0412}

An amusement device shall not be overcrowded, or loaded in excess of its carrying capacity; nor shall it be operated at an unsafe speed or at any speed beyond that recommended by the manufacturer.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0413 Wind and Storm Hazards {#sec-13-ncac-15-.0413 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0413}

The manufacturer or designer of amusement rides or devices shall post on the ride, in a prominent place, the maximum design wind speed for safe operation of the ride. An amusement device which is exposed to wind or storms shall not be operated under dangerous weather conditions except to release or discharge occupants.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0414 Lighting {#sec-13-ncac-15-.0414 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0414}

(a) Amusement devices, access thereto and exits therefrom, shall, while in operation or occupied, be provided with illumination by natural or artificial means sufficient to guard against personal injuries under these circumstances.

(b) Lighting fixtures shall have their lamps guarded to protect against accidental contact and to reduce possible injury from glass if the lamps break. Fluorescent lamps installed on or over moving parts of a ride shall be covered with plastic sleeves.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0415 Design and Construction Requirements {#sec-13-ncac-15-.0415 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0415}

(a) All structures used in connection with amusement devices shall be so designed and constructed as to carry safely all loads to which such structures may normally be subjected.

(b) All amusement devices shall be designed, constructed and installed so as to withstand any normal stresses to which they may be subjected.

(c) Before being used by the public, amusement devices shall be so placed or secured with blocking, cribbing, outriggers, guides or other means as to be stable under all operating conditions.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0416 Number of Exits {#sec-13-ncac-15-.0416 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0416}

At least two exits remote from each other shall be provided from each floor, tier, room or balcony in structures which house amusement devices and which are not places of public assembly. No exit shall be less than 20 inches wide.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0417 Access and Egress {#sec-13-ncac-15-.0417 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0417}

(a) General Requirements. Safe and adequate means of access to and egress from amusement devices shall be provided. Such means of access and egress shall have:

(1) protection from adjacent hazards or from falling by the use of rails, enclosures, barriers or similar means;

(2) secure treading and supporting surface free from debris, obstruction, projections and slipping, tripping, and other hazards;

(3) adequate clearance.

(b) Design of Stairways, Landings and Ramps. Stairways, landings and ramps shall be designed, constructed and maintained so as to sustain safely a live load of at least 90 pounds per square foot.

(c) Stairways, Ramps and Platforms. Stairways and ramps shall be at least 20 inches wide. Stair treads shall be at least nine inches deep exclusive of nosing and the height of rise shall not exceed eight inches. Between any two levels the treads shall be of uniform depth and the risers of uniform height. The slope of ramps shall not exceed one in four. The open sides of stairways, ramps and platforms shall be provided with adequate protection against falling except as the safe and normal access to the device may otherwise require.

(d) Measurement of Widths. The width of a stairway shall be taken as the length of the treads between stringers. The width of a doorway shall be taken as the width of the door.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0418 Emergency Brakes and Anti-Rollback Devices {#sec-13-ncac-15-.0418 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0418}

If cars or other components of an amusement device may collide in such a way as to cause personal injuries upon failure of normal controls, emergency brakes sufficient to prevent such collisions shall be provided. On rides which make use of inclined tracks, automatic anti-rollback devices shall be installed to prevent backward movement of the passenger carrying units in case of failure of the propelling mechanism.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0419 Signal Systems {#sec-13-ncac-15-.0419 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0419}

Signal systems for the starting and stopping of amusement devices shall be provided where the operator of the device does not have a clear view of the point at which passengers are loaded or unloaded. Any code of signals adopted shall be printed and kept posted at both operator's and signalman's stations. All persons who may use these signals shall be carefully instructed in their use. Signals for the movement or operation of an amusement device shall not be given until all passengers and other persons who may be endangered are in a position of safety.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0420 Public Protection {#sec-13-ncac-15-.0420 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0420}

An amusement device shall not be used or operated while any person is so located as to be endangered by it. Areas in which persons may be so endangered shall be fenced, barricaded, or otherwise guarded against public intrusion.

When fences are used to comply with this Rule, the fences:

(1) shall be at least 42 inches high; and

(2) shall not have horizontal mullions; and

(3) shall have mullions located to reject a ball:

(a) six inches in diameter if the fences are used for amusement devices manufactured before January 1, 1993; and

(b) four inches in diameter if the fences are used for amusement devices manufactured after January 1, 1993.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Amended Eff. April 1, 2001; May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0421 Guarding of Machinery {#sec-13-ncac-15-.0421 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0421}

Machinery used in or with an amusement device shall be enclosed, barricaded or otherwise effectively guarded against contact. Guards removed for maintenance purposes shall be replaced before normal operation is resumed.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0422 Speed-Limiting Devices Required {#sec-13-ncac-15-.0422 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0422}

An amusement device powered so as to be capable of exceeding its maximum safe operating speed shall be provided with a maximum speed-limiting device.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0423 Passenger-Carrying Devices {#sec-13-ncac-15-.0423 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0423}

The interior and exterior parts of all passenger-carrying amusement devices with which a passenger may come in contact shall be smooth and rounded, free from sharp, rough or splintered edges and corners, with no protruding studs, bolts, screws or other projections which might cause injury. Interior parts upon or against which a passenger may be forcibly thrown by the action of the ride shall be adequately padded. Devices which are self-powered and which are operated by a passenger shall have the driving mechanism so guarded and the guards so locked in place as to prevent passengers from gaining access to the mechanism. Such belts, bars, foot rests and other equipment as may be necessary for safe entrance and exit and for support while the device is in operation shall be provided. Such equipment and the fastenings thereof shall be of sufficient strength to retain the passengers. The fastenings shall be of a type which cannot be inadvertently released.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0424 Electrical Safety Requirements {#sec-13-ncac-15-.0424 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0424}

(a) General Requirements. All electrical wiring, equipment and apparatus used for amusement devices or for lighting shall comply with the National Electrical Code, NFPA 70 and shall be properly and legally installed, operated and maintained.

(1) Branch Circuits. The circuit for each ride shall be protected by fuses or a circuit breaker at the junction box or at the generator.

(2) Disconnecting Means. Each ride shall be provided with a main line disconnect switch or breaker. The disconnect switch or breaker shall be located at the ride. Each branch circuit on a ride shall be further provided with a disconnecting means.

(3) Conductors. Conductors supplying current to rides shall be of moisture resistant construction and insulated for the maximum voltage supplied to the ride.

(4) Grounding. Grounding of rides shall be by means of one or more grounding electrodes driven at the generator or other service. The grounding conductor to each junction box shall be of sufficient size to carry the maximum voltage generated by the system. Grounding conductors to each ride shall not be less than No. 8 awg. wire size.

(b) Protection of Employees. No employee shall be suffered or permitted to work in such proximity to any part of an electric power circuit that he may contact the same in the course of his work unless he is protected against shock by de-energizing the circuit, grounding it or guarding it, by effective insulation. If protection is supplied by de-energizing the circuit, the switch controlling the circuit shall be locked out to prevent inadvertent closing.

(c) High Voltage Lines. The outlets of electric power lines carrying more than 120 volts shall be clearly marked to show their voltage.

(d) Transformers. All electrical transformer sub-stations shall be properly enclosed and proper warning signs posted.

(e) Outdoor Apparatus and Wiring. Electrical apparatus and wiring located outdoors shall be of such quality and so constructed or protected that exposure to weather will not interfere with its normal operation.

(f) Elevated Lines. Elevated power lines crossing access or other roads within the grounds of a carnival, fair or amusement park shall be so suspended as to provide minimum vertical clearance of 12 feet from the road surface and minimum horizontal clearance of three feet on each side of the normal passage space of vehicles.

(g) Grounding. Temporary electric installations shall be properly grounded.

(h) Exposed Conductors. Bare wires and other uninsulated current-carrying parts shall be guarded against inadvertent contact by means of proper location or by fence or other barrier.

(i) Overcurrent Protection. Conductors shall be provided with overcurrent protective devices according to load. No such device shall be installed in neutral or grounding conductors.

(j) Generator Grounding. Where electrical power is supplied for an amusement device or a temporary structure by a privately operated generating system, the generator and all equipment shall be properly grounded if the system incorporates a ground.

(k) Receptacles and Caps. All receptacles and attachment caps shall be of the ground type.

(l) Abrasion Protection. Wiring laid on surfaces traversed by vehicular or pedestrian traffic shall be adequately protected against wear and abrasion.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Amended Eff. May 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0425 Air Compressors and Equipment {#sec-13-ncac-15-.0425 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0425}

Air compressors, air compressor tanks and equipment used in connection therewith shall be constructed, equipped and maintained to insure safe operation at all times. They shall be inspected and tested at least once a year by a qualified person and a record of each inspection shall be kept and made available to the inspector. Air compressor tanks and other air receivers used in connection with air compressors shall have the maximum allowable working pressure conspicuously marked thereon.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0426 Fire Prevention and Protection {#sec-13-ncac-15-.0426 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0426}

(a) Fire Resistance of Fabrics. Fabrics constituting part of an amusement device shall be fire-resistant to meet the following standard: Two strips or test sections either of the fabric used or of other fabric identical therewith shall be tested. Each strip shall be not less than six inches wide and 12 inches long. Each strip shall be thoroughly dry and shall then be subjected to an open flame applied to the lower edge while the strip is held vertically for 12 seconds. Neither strip shall flame for more than two seconds after the test flame is removed from contact nor shall the average length of char exceed 2-1/2 inches. Such a test is not required by this Section if other evidence of the required degree of fire resistance is accepted by the Commissioner as sufficient.

(b) Fire Extinguishers. Approved fire extinguishers shall be provided where necessary to secure reasonable and adequate protection from fire hazards.

(c) Flammable Waste. Flammable waste such as oily rags and other flammable materials shall be placed in a covered metal container which shall be kept in easily accessible locations. Such containers shall not be kept at or near exits.

(d) Flammable Liquids and Gases. Gasoline and other volatile liquids and flammable gases when stored shall be kept in reasonably cool and ventilated places. Such liquids shall be in approved safety cans. They shall not be stored on or near a device while it is in operation. Smoking and the carrying of lighted cigar, cigarettes or pipes is prohibited in any area where such liquids or gases are stored or are transferred from one container to another.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0427 Cleanliness {#sec-13-ncac-15-.0427 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0427}

A suitable number of metal containers for refuse shall be provided in and around all amusement devices. Excessive accumulations of trash or rubbish shall be promptly removed. All parts of amusement devices used by passengers or customers shall be maintained in a clean condition.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0428 Substitute Devices and Parts {#sec-13-ncac-15-.0428 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0428}

Whenever the owner or operator of an amusement device desires to install or use a substitute part or device which is not consistent with the manufacturer's specifications, the owner or operator shall be responsible for proving, to the satisfaction of the Director, that the use of the substitute part or device is as safe as the use of the manufacturer's specified part or device. The cost of all testing shall be borne by the owner or operator.

History

  • Authority G.S. 95-111.4
  • Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0429 Go Karts {#sec-13-ncac-15-.0429 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0429}

(a) Go Kart Design. All go karts shall comply with the following standards.

(1) Numbering of Go Karts. Each shall be provided an identifying number that can be easily seen by the operator. A corresponding number shall be stamped or attached to the frame of the go kart.

(2) Speed. Go kart speed shall not exceed the maximum speed for which the track is designed. The speed of adult go karts shall be set not to exceed 28 miles per hour unless approved by the Department. Kiddie go karts shall not exceed 10 miles per hour. When a go kart is designed to permit the readjustment of its maximum speed, the means of adjustment shall not be accessible to the driver of the go kart.

(3) Seats, Seat Belts and Shoulder Straps. All go karts shall meet one of the following requirements:

(A) The seat, back rest, and leg area shall be designed to retain the driver/occupants inside the go kart in the event of a rollover or a collision at the front, rear, or side of the go kart; or

(B) The go kart shall be equipped with seat belts and shoulder straps mounted in a manner that will restrain the occupant(s) in the vehicle in case of a collision or rollover. Properly mounted safety harnesses as effective as seat belts and shoulder straps may be substituted for seat belts and shoulder straps.

(4) Occupancy. Go karts shall be occupied by only one person at a time unless the go kart is designed and equipped with a seat and safety belt system that is intended for and is suitable for two persons.

(5) Guarding of Parts. Rotating, moving, hot engine or muffler parts shall be guarded to prevent contact or entanglement of the occupant's hair, clothing, or other body parts.

(6) Brakes. Go karts shall have a braking system designed and adjusted to permit them to be brought to a complete stop within 40 feet from maximum speed with their maximum weight on board.

(7) Brake and Throttle Controls. Go karts shall have brake and throttle controls that are readily recognizable as to their function. The operator shall also instruct each driver on the operation of the brake and throttle controls before each operation. The controls shall return automatically to their non-operational position when released.

(8) Padding of Exposed Protruding Components. Go karts shall have their steering wheel hub and all other protruding exposed parts within the driving compartment padded to minimize the risk of injury to an occupant in the event of a collision or overturn.

(9) Roll Bars and Head Rests. All adult go karts must be provided with a roll bar of sufficient height and strength to provide the occupant with protection in the event of a roll over. Seats of all go karts must be provided with a padded head rest. The head rest may substitute as a roll bar if it is of sufficient height and strength.

(10) Bumpers. Go karts shall be provided with bumpers or energy absorption body parts.

(11) Wheel Guards. The wheels of every go kart shall be enclosed or guarded in such a manner that the wheels of another go kart cannot interlock with or ride over them.

(12) Fuel Tanks. Go kart fuel tanks shall be designed and mounted so that the tank cannot be ruptured in the event of a collision or a roll over.

(13) Noise Level. Go karts shall be provided with muffler systems capable of limiting sound from the engine to 75 dBA when measured at a distance of 50 feet from the outer edge of the go kart track.

(b) Track Design. Plans for proposed construction of go kart tracks in the State of North Carolina shall be submitted to the North Carolina Department of Labor, Elevator and Amusement Device Division, 1101 Mail Service Center, Raleigh, North Carolina 27699, before construction begins. Buildings on the track site must be submitted to the local building inspection agency for approval. The design of the track shall be consistent with go kart manufacturer's recommendations for the speed of the go kart and be approved by the department. The following requirements for track layout, track surface and track materials contained in Paragraphs (c), (d) and (e), of this Rule, shall be complied with before certificates of operation will be issued.

(c) Track Layout. Go kart tracks may be oval shaped or of road course configurations. They may not be constructed in the shape of a figure eight or have any cross connected points. Straight portions of the track shall be flat except that 2 degrees of banking may be provided for drainage. The width of all tracks shall be a minimum of 16 feet wide. Road courses may continue the same width for their entire length. Oval tracks shall have turns at least five feet wider than the straight portions and the minimum radius of the turns shall be 15 feet. Turns of oval tracks may be banked to a maximum of one inch for each one foot of track width. Any variation from the minimum track width shall be approved in advance, in accordance with 13 NCAC 15 .0107.

(d) Track Surface. A go kart track shall have a hard smooth surface. It shall provide sufficient road grip to be driven throughout the course at maximum speed. It shall be free of obstacles such as holes or bumps, or water or oil.

(e) Track Materials. Materials used in the surfacing of go kart tracks shall be asphalt, concrete, or other solid and binding materials. Proposals to use dirt track surfaces shall be submitted for special consideration and evaluation, in accordance with 13 NCAC 15 .0107.

(f) Track Safety and Guarding.

(1) Barriers. Every go kart track shall provide properly constructed barriers along the entire course on both inside and outside of the track. Barriers shall be so constructed that a go kart colliding with a barrier at maximum speed will come to a safe stop or be guided back to the track. Earthen berms may be used as a barrier provided they will stop a go kart safely. Bales of hay, straw, or other materials capable of being ignited may not be used as a barrier.

(2) Track Lanes. White or yellow lines, at least four inches wide, shall mark all inside and outside edges of the track.

(3) Fencing. The outside perimeter of a go kart track shall be protected by a fence at least 48 inches in height. The fence shall be set back at least 36 inches from the inside face of the track barrier. Gates shall be located for easy supervision by track attendants when the facility is open and they shall be kept locked when it is closed. The fence may be omitted where natural barriers provide the same degree of protection as the fence. Where two separate tracks are operated inside a single perimeter fence all go karts on both tracks shall start and stop at the same time.

(4) Fire Extinguishers. Every go kart track shall be equipped with ABC Dry Chemical Fire Extinguishers. The extinguishers shall have a minimum capacity of five pounds, in accordance with NFPA 10 – Standard for Portable Fire Extinguishers. At least one extinguisher shall be located in the following locations:

(A) Within seventy feet of every track section;

(B) In each pit area;

(C) In each refueling stop;

(D) In each go kart storage area; and

(E) In the maintenance shop.

Each fire extinguisher location shall be prominently marked and the extinguisher shall be easily accessible.

(5) Refueling Area. Refueling of go karts shall be carried out at a designated area remote from any area accessible to the public. Refueling areas shall comply with the requirements of the NFPA 70 - National Electrical Code, Sections 510, 511, and 514.

(6) Track Lighting. Go kart tracks equipped for night operation shall have sufficient illumination at all sections of the track for drivers to be able to negotiate the entire course safely. It shall also be sufficient for operators to monitor the go karts on each section of the course. Lighting shall comply with the NFPA 70 - National Electrical Code and all other state and local requirements.

(7) Pits or Pit Areas. Where provided, pits must be fenced or provided with a sufficient barrier to prohibit the entry of spectators. Pits shall have separate entrance and exit lanes.

(8) Spectator Areas. Spectator areas shall be separated from the track and pit areas by a fence or barrier sufficient to withstand the impact of a go kart traveling at full speed. It shall be approximately level and free of holes or debris.

(f) Track Operation. The following standards of operation shall apply to electric or fuel powered go karts, dune buggies, auto racers, and all terrain vehicles.

(1) All go karts must start and stop operation at the same time or a separate pit area shall be provided for loading and unloading purposes.

(2) Drivers of adult go karts must be at least 48 inches (4 feet) tall and have a leg length sufficient to reach the brake and throttle controls when seated.

(3) Drivers of kiddie go karts shall not exceed 54 inches (4 feet 6 inches) tall and must have a leg length sufficient to reach the brake and throttle controls when seated.

(4) Adult go karts and kiddie go karts shall not be operated simultaneously on the same track.

(5) No go kart may be operated when weather conditions are such that it may affect the safe operation of the go kart or when visibility on the track is less than 150 feet.

(6) Each section of a go kart track shall be monitored during the time that any go kart is in operation. Monitoring shall be by direct visual contact by the operator or track attendants or by electronic visual surveillance.

(7) A go kart that is losing oil or fuel shall be immediately removed from the track.

(8) When the noise level of any go kart exceeds the requirements of Subparagraph (a)(13) of this Rule, it shall be immediately removed from the track until it has been repaired.

(9) Safety equipment such as helmets (when used) and seat restraints shall be utilized in accordance with the manufacturer's recommendations for the type of use or operation and be of correct size for the person using it.

(10) Persons with hair longer than shoulder length or wearing loose clothing that could obstruct the vision of the driver or become entangled in any moving part shall not be permitted to drive or ride a go kart. Hair that is longer than shoulder length may be tied up to reduce its length.

(11) Persons whose behavior appears to be impaired by such as the use of drugs or alcohol shall not be permitted to drive a go kart.

(12) Smoking shall not be permitted within 30 feet of a go kart.

(13) Track regulations shall not permit persons to leave their go karts while any go kart is in operation on the track.

(14) Signs containing the following information and other track regulations shall be posted at the track entrance or ticket window and conspicuously in the pit area.

(A) To drive or ride an adult go kart you must be at least 48 inches tall.

(B) To drive a kiddie go kart you may not be taller than 54 inches.

(C) Keep both hands on the wheel at all times.

(D) Keep both feet inside the go kart.

(E) Hair longer than shoulder length must be tied up.

(F) All loose clothing must be tucked in.

(G) No smoking within 30 feet of a go kart.

(H) Do not leave the go kart while on the track.

(15) Signs that indicate the direction of travel for go karts shall be posted intermittently around the track perimeter.

(g) Inspections and Maintenance. Tracks and go karts shall be inspected and maintained for a safe operation at all times. The following inspections shall be made:

(1) The track shall be inspected daily for potholes, bumps or loose material. Necessary repairs shall be made before opening the track.

(2) Daily inspections shall be made on each go kart prior to operation. The inspection shall include:

(A) Wheel and tires;

(B) Steering mechanism;

(C) Frame welds;

(D) Axles and spindles;

(E) Safety belts, roll bars, and seat padding;

(F) Gasoline tank, lines and valves;

(G) Brake and throttle operation; and

(H) Exhaust systems.

(3) Go kart maintenance shall be performed as recommended by the go kart manufacturer.

History

  • Authority G.S. 95-111.4
  • Eff. May 1, 1992
  • Amended Eff. February 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0430 Regulation of Inflatable or Air-Supported Amusement Devices {#sec-13-ncac-15-.0430 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0430}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0431 Definitions {#sec-13-ncac-15-.0431 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0431}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0432 Ride Design {#sec-13-ncac-15-.0432 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0432}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0433 Anchorage or Tie-Down {#sec-13-ncac-15-.0433 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0433}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0434 Operation of Inflatable or Air-Supported Amusement Devices {#sec-13-ncac-15-.0434 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0434}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0435 Blowers {#sec-13-ncac-15-.0435 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0435}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0436 Wind Speed {#sec-13-ncac-15-.0436 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0436}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0437 Signs {#sec-13-ncac-15-.0437 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0437}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0438 Operating Manual and Documentation {#sec-13-ncac-15-.0438 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0438}

History

  • Status: repealed
  • Authority G.S. 95-111.1; 95-111.2; 95-111.4
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. April 1, 2024.
13 NCAC 15 .0439 reserved for future codification {#sec-13-ncac-15-.0439 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0439}
13 NCAC 15 .0440 Regulation of Waterslides {#sec-13-ncac-15-.0440 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0440}

(a) The classification, design, manufacture, construction, and operation of waterslides shall conform to the rules in this Section and the ASTM F 2376 – Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems, which is incorporated by reference. This incorporation includes subsequent amendments and editions of the Code.

(b) Copies of the ASTM F 2376 – Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems may be obtained from the American Society of Testing and Materials (ASTM), via U.S. Mail at 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, via telephone at (610) 832-9585, or via the internet at www.astm.org. The cost is thirty-four dollars ($34.00) per copy.

History

  • Authority G.S. 95-111.4(3)
  • Eff. December 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0501 Civil Penalties {#sec-13-ncac-15-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0501}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-110.10; 95-111.4; 95-111.13
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0502 Exceptions to Civil Penalty {#sec-13-ncac-15-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0502}

A civil penalty determination by the Commissioner is final unless the person charged takes exception to the determination within 15 days after receiving notice of the determination. As used in G.S. 95-110.10 and this Subsection, "takes exception to the determination" means commencing a contested case pursuant to G.S 150B, Article 3 by filing a petition with the Office of Administrative Hearings.

History

  • Authority G.S. 95-110.5; 95-110.10; 95-111.4; 95-111.13
  • Eff. August 1, 1987
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0503 Refusal to Issue Certificate of Operation {#sec-13-ncac-15-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0503}

The Commissioner may refuse to issue a Certificate of Operation for a device when the owner or operator of the device has received an order to pay a civil penalty which has become a final order, but the penalty remains unpaid.

History

  • Authority G.S. 95-110.5; 95-110.6; 95-111.4; 95-111.6
  • Eff. February 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 15 .0601 Application to Install {#sec-13-ncac-15-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0601}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0602 Permit for Installation or Alteration {#sec-13-ncac-15-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0602}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0603 Certificate of Operation {#sec-13-ncac-15-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0603}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0604 Limited Certificate of Operation {#sec-13-ncac-15-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0604}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0605 Inspection Form {#sec-13-ncac-15-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0605}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0606 Registration Form {#sec-13-ncac-15-.0606 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0606}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0607 Certificate of Registration {#sec-13-ncac-15-.0607 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0607}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0608 Amusement Device Inspection Form {#sec-13-ncac-15-.0608 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0608}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0609 Amusement Device Certificate of Operation {#sec-13-ncac-15-.0609 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0609}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0610 Chair-Gondola Lifts/Ski Tows Inspection Report Form {#sec-13-ncac-15-.0610 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0610}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0611 Rope Inspection Report Form {#sec-13-ncac-15-.0611 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0611}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0612 Inclined Railroad Inspection Report Form {#sec-13-ncac-15-.0612 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0612}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0613 Daily Amusement Device Record Form {#sec-13-ncac-15-.0613 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0613}

History

  • Status: repealed
  • Authority G.S. 95-110.5; 95-111; 95-111.4; 95-118; 95-119; 95-121; 150B-11(1)
  • Eff. August 1, 1987
  • Repealed Eff. April 1, 2001.
13 NCAC 15 .0701 Elevator, Escalator, Dumbwaiter, and Special Equipment Installation and Alteration Fees Schedule {#sec-13-ncac-15-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0701}

History

  • Status: repealed
  • Authority G.S. 95-107; 95-95-110.5(20)
  • Temporary Adoption Eff. October 17, 2001
  • Eff. July 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. July 7, 2025.
13 NCAC 15 .0702 Elevator, Escalator, Dumbwaiter, and Special Equipment Annual Inspection Fees Schedule {#sec-13-ncac-15-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0702}

History

  • Status: repealed
  • Authority G.S. 95-107; 95-110.5(20)
  • Temporary Adoption Eff. October 17, 2001
  • Eff. July 1, 2003
  • Amended Eff. September 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. December 1, 2020
  • Repealed Eff. July 7, 2025.
13 NCAC 15 .0703 Amusement Device Inspection Fee Schedule {#sec-13-ncac-15-.0703 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0703}

History

  • Status: repealed
  • Authority G.S. 95-107; 95-111.4(19)
  • Temporary Adoption Eff. October 17, 2001
  • Eff. July 1, 2003
  • Amended Eff. April 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. May 1, 2024; January 1, 2021
  • Repealed Eff. July 7, 2025.
13 NCAC 15 .0704 Special AMUSEMENT DEVICE INSPECTION FEE {#sec-13-ncac-15-.0704 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0704}

History

  • Status: repealed
  • Authority G.S. 95-107; 95-111.4(19)
  • Temporary Adoption Eff. October 17, 2001
  • Eff. July 1, 2003
  • Amended Eff. January 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. July 7, 2025.
13 NCAC 15 .0705 Passenger Tramway Inspection Fee Schedule {#sec-13-ncac-15-.0705 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0705}

History

  • Status: repealed
  • Authority G.S. 95-107; 95-120(9); 95-121
  • Emergency Adoption Eff. September 19, 2005
  • Emergency Adoption Expired Eff. January 1, 2006
  • Eff. May 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Amended Eff. January 1, 2021
  • Repealed Eff. July 7, 2025.
13 NCAC 15 .0706 Elevator Certificate of Operation Reissuance Fee {#sec-13-ncac-15-.0706 omnilex-key=us-nc-regs-official--title-13--13 NCAC 15 .0706}

History

  • Status: repealed
  • Authority G.S. 95-107; 95-110.5; 95-110.6
  • Eff. July 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016
  • Repealed Eff. July 7, 2025.

Chapter 16 Migrant Housing

13 NCAC 16 .0101 Purpose {#sec-13-ncac-16-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0101}

This Chapter sets forth the rules of procedure for implementing G.S. 95, Article 19, Migrant Housing Act of North Carolina.

History

  • Authority G.S. 95-4(2); 95-222; 95-224; 95-227
  • Eff. June 1, 1991
  • Amended Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0102 Forms {#sec-13-ncac-16-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0102}

History

  • Status: repealed
  • Authority G.S. 95-227; 150B-11
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0103 Definitions {#sec-13-ncac-16-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0103}

The term "Department" shall mean the Department of Labor of North Carolina.

History

  • Authority G.S. 95-4(2)
  • Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0201 Preoccupancy Inspections {#sec-13-ncac-16-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0201}

(a) Following the filing of an "application for inspection" by an operator, the Department shall contact the operator, at which time, the Department shall provide information regarding the inspection of the migrant housing facility.

(b) During an inspection, the Commissioner or assigned designees may take measurements, samples, photographs, videos, conduct interviews or employ other reasonable investigative techniques.

(c) The migrant housing operator or representative shall be afforded an opportunity to provide pertinent information regarding conditions in the housing.

(d) At the conclusion of an inspection, the Commissioner or assigned designees shall provide a written statement of any identified health or safety violation(s) to the migrant housing operator or representative.

History

  • Authority G.S. 95-4(2); 95-226; 95-227
  • Eff. June 1, 1991
  • Amended Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0202 Migrant Housing Certificate {#sec-13-ncac-16-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0202}

(a) If no violations are identified during the preoccupancy inspection, the Department shall issue a migrant housing certificate to the operator.

(b) Upon notification of any violations, the operator shall correct the violation(s) and so certify on the form supplied by the Department. The operator shall provide any access or information requested by the Department to verify that the identified violations have been abated. When the violative conditions are corrected, the Department shall issue a migrant housing certificate to the operator.

(c) Except as provided in G.S. 95-226(d) and (e), no migrant housing shall be occupied prior to the receipt and posting, in a place accessible to all migrants, of a migrant housing certificate.

History

  • Authority G.S. 95-4(2); 95-136(g); 95-226; 95-227
  • Eff. June 1, 1991
  • Amended Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0203 Certification Denied {#sec-13-ncac-16-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0203}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-226; 95-227; 150B-23
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0204 Contesting Denial {#sec-13-ncac-16-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0204}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-226; 95-227; 150B-23
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0205 Issuance of Certificates {#sec-13-ncac-16-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0205}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-226; 95-227; 150B-23
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0206 Posting Requirements {#sec-13-ncac-16-.0206 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0206}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-226; 95-227; 150B-23
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0207 Repeat Preoccupancy Visits {#sec-13-ncac-16-.0207 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0207}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-226; 95-227; 150B-23
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0208 Enforcement Visits {#sec-13-ncac-16-.0208 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0208}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-226; 95-227; 150B-23
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0301 Provisional Occupancy {#sec-13-ncac-16-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0301}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-225; 95-226; 95-227; 130A-337
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0302 Provisional Occupancy Denied {#sec-13-ncac-16-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0302}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-225; 95-226; 95-227; 130A-337
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0303 Inspection of Provisionally Occupied Housing {#sec-13-ncac-16-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0303}

History

  • Status: repealed
  • Authority G.S. 95-136(g); 95-225; 95-226; 95-227; 130A-337
  • Eff. June 1, 1991
  • Repealed Eff. July 1, 1998.
13 NCAC 16 .0401 Enforcement Inspections {#sec-13-ncac-16-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0401}

Enforcement inspections shall be conducted in accordance with G.S. 95-227 and applicable 13 NCAC 7 rules.

History

  • Authority G.S. 95-4(2); 95-227
  • Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0402 Citations and Penalties {#sec-13-ncac-16-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0402}

Pursuant to G.S. 95-227, citations and penalties for violating the provisions of this Chapter or G.S. 95, Article 19 shall be issued in accordance with G.S. 95-137 and G.S. 138(a).

History

  • Authority G.S. 95-4(2); 95-227
  • Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0501 Appealing Non-Issuance of a Migrant Housing Certificate {#sec-13-ncac-16-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0501}

An operator who is denied a migrant housing certificate requested pursuant to G.S. 95-226 may, within 15 days of the denial, request that the Commissioner, or his designee, review the decision. The Commissioner's decision may be appealed in accordance with Article 3 of G.S. 150B.

History

  • Authority G.S. 95-4(2); 95-227
  • Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 16 .0502 Appealing Violations of This Chapter and/or G.s. 95, Article 19 {#sec-13-ncac-16-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 16 .0502}

Citations and penalties issued pursuant to this Chapter may be contested in accordance with G.S. 95-137 as provided in G.S. 95-227.

History

  • Authority G.S. 95-4(2); 95-227
  • Eff. July 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Chapter 17 Private Personnel Services

13 NCAC 17 .0101 Definitions {#sec-13-ncac-17-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0101}

As used in G.S. 95, Article 5A and this Chapter, unless the context clearly requires otherwise:

(1) "Accept an employer's offer of employment," as used in G.S. 95-47.1(1), means to consent orally or in writing to take the job the employer is offering. This offer or acceptance may be made directly between the employer and the applicant or may be communicated through a representative of the private personnel service acting as the applicant's agent.

(2) "Advertising" means any material or method used by a private personnel service for solicitation or promotion of business. This includes, but is not limited to, newspapers, radio, television, the internet, business cards, invoices, letterheads, or other forms that may be used in combination with the solicitation and promotion of business.

(3) "Communication," as used in G.S. 95-47.1(4), means a written communication.

(4) "Days" means calendar days.

(5) "Division" means the Private Personnel Service Office of the North Carolina Department of Labor.

(6) "Employer fee paid personnel consulting service" means any business that consults with employers in locating and placing employees where the sole obligation for the placement fee is assumed by the employer in all circumstances and the applicant is never obligated for the fee, directly or indirectly, even if the applicant quits or is terminated for cause.

(7) "Employment agency" or "agency" means a private personnel service as defined in G.S. 95-47.1(16).

(8) "Existing licensed business," as used in G.S. 95-47.2(f), means any existing licensed private personnel service or job listing service.

(9) "Indirectly" being responsible for a fee to a private personnel service includes the applicant paying, or repaying, any portion of the fee paid to the private personnel service by the employer or any other person.

(10) "Material information," as used in G.S. 95-47.2(d)(3)a, and the rules in this Section means any facts or knowledge that are relevant to operating a private personnel service.

(11) "Meeting between an employer and an applicant" as used in G.S. 95-47.1(10) and the rules in this Chapter includes but is not limited to interviews in person, conducted by telephonic conference, video conference, or other electronic means.

(12) "Operate" means to engage in the business of a private personnel service within the State of North Carolina. Within the State of North Carolina includes, but is not limited to, any of the following:

(a) Property, offices, or employees located in North Carolina;

(b) Use of a North Carolina phone number;

(c) Use of a North Carolina address;

(d) Interviewing applicants in North Carolina;

(e) Placing applicants in North Carolina;

(f) Collecting money from applicants in North Carolina;

(g) Directing North Carolina applicants to interviews;

(h) Directing applicants to interviews with North Carolina employers; and

(i) Advertising in North Carolina.

(13) "Partnership" and "corporation," when used in the context of owners of a private personnel service, mean any similar state-chartered legal entity. Examples of similar state-chartered legal entities include, but are not limited to, limited liability partnerships and limited liability corporations.

(14) "Person who uses or attempts to use the services of a private personnel service" as used in G.S. 95-47.1(2) includes applicants without regard to how or by whom the contact between the applicant and the private personnel service is initiated.

(15) "Premises," as used in G.S. 95-47.2(d)(3)c., means the property occupied by any owner or manager of the private personnel service where the business of the private personnel service is conducted. Two businesses occupy the same premises if a person can move from one to the other without traveling through a public area available to non-customers.

(16) "Private personnel service industry" means all private personnel services that are or may be required to be licensed to operate in the State of North Carolina.

(17) "Refund policy" means a voluntary refund policy adopted by the private personnel service. It does not mean the fee reimbursement provisions mandated by G.S. 95-47.3A and such a fee reimbursement shall not be considered as a refund policy which would trigger operation of the "Termination of Employment" provisions under Rule .0107(f)(6) of this Section.

(18) "Responsible for the operation" means to conduct the daily administrative functions required to direct and control the business. This includes, but is not limited to, current and ongoing knowledge and oversight of the following: all placement functions; hours the business operates; hiring, supervision, and dismissal of the business' personnel; the finances and financial records of the business; advertising; job orders; compliance with G.S. 95, Article 5A; and the needs of applicants and employers who work with the business to receive placement and hiring assistance. It further means that the person is available during working hours to answer questions and respond to the needs of applicants, employers, the business' own employees, and the Private Personnel Service Office.

(19) Except in G.S. 95-47.2(d)(1), in G.S. 95-47.2(d)(3)b.2 and in G.S. 95-47.2(d)(3)b.3, "rules", "regulations", or "rules or regulations" as used in G.S. 95, Article 5A and in this Chapter refer to administrative rules adopted by the Department of Labor pursuant to G.S. 95, Article 5A and G.S. 150B.

(20) "Temporary help service" means any business which employs persons whom it assigns to assist its customers. The employer-employee relationship exists between the temporary help service and the employee. If a temporary help service ever charges the employee a fee for help in securing employment with an employer other than itself, then the service is a private personnel service.

History

  • Authority G.S. 95-47.9
  • Eff. February 27, 1995
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0102 Licensing Procedures {#sec-13-ncac-17-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0102}

(a) Each application for a private personnel service license shall be made on forms prescribed and furnished by the Commissioner and shall contain the following information in addition to the information required by G.S. 95-47.2:

(1) The proposed mailing address, and telephone number of the private personnel service;

(2) Four personal or business references who are not related to or currently employed by the applicant;

(3) Whether the private personnel service will be affiliated in any way with a loan agency or collection agency;

(4) Whether the private personnel service will operate under a franchise agreement;

(5) Whether the applicant, owner, officer, director or manager ever made an application for a license to operate a private personnel service in North Carolina or elsewhere;

(6) Whether the applicant, owner, officer, director or manager ever had a license revoked, suspended, or refused, or has been subjected to any disciplinary action by any governmental body;

(7) Whether the applicant, owner, officer, director or manager has ever been convicted of a crime other than parking violations and misdemeanor traffic offenses;

(8) Whether the applicant, owner, officer, director or manager of the service has any additional ownership investment interest in other businesses;

(9) The name and address of a newspaper of general circulation in the area where the applicant now resides;

(10) A copy of all contracts and forms to be used with applicants;

(11) A copy of the fee schedule and a copy of the refund policy (if applicable) used with persons seeking employment and employers;

(12) If the applicant is a corporation, a copy of the Articles of Incorporation;

(13) If the applicant is a partnership, a copy of the Partnership Agreement;

(14) The Surety Bond required by G.S. 95-47.2(j); and

(15) Any other names, aliases, assumed business names, trade names, or doing business as ("DBA") names under which each applicant has operated.

(b) Assumed Name or Assumed Business Name. If the private personnel service has filed an assumed name with the register of deeds in its county, as required by North Carolina law (G.S. 66-68), the owner must notify the Division in writing of the assumed name. This notification shall be considered a request for an amendment to the application.

(c) Release of Information Authorization:

(1) By applicant:

(A) Each applicant for a private personnel service license shall sign a Release of Information authorizing the Commissioner to conduct a personal background investigation for purposes of determining the applicant's suitability to operate a private personnel service.

(B) The release shall be executed before a notary public.

(2) By officer, director or manager:

(A) The officer, director or manager of a private personnel service, not covered by Subparagraph (d)(1) of this Rule, shall sign a Release of Information authorizing the Commissioner to conduct a criminal background investigation for purposes of determining the suitability of that person to operate a private personnel service.

(B) The release shall be executed before a notary public.

(d) Interview with the Division. Each individual applicant shall come to the Division for an interview as part of the application process.

(e) Right to Protest. Individuals have a right to protest the issuance of a license in accordance with G.S. 95-47.2(d)(1):

(1) In determining whether the protest is of such a nature that a hearing should be conducted and for a cause on which denial of a license may properly be based, the Commissioner will look to the reasons for denying a license found in G.S. 95-47.2(d)(3) and G.S. 95-47.2(e).

(2) The hearing shall be conducted in accordance with the provisions of G.S. 150B-38 through G.S. 150B-42.

(f) Denial of License. Upon completion of the investigation, the Commissioner shall determine whether or not a license should be issued. In addition to the reasons for denial in G.S. 95, Article 5A, a license shall be denied if the applicant has failed to submit all of the necessary information and paperwork which is described under Licensing Procedures in Rule .0102 of this Chapter.

(g) Notice of Approval. If the Commissioner approves a private personnel service license, the applicant shall be notified and the license shall be issued.

(h) Notice of Opportunity to Withdraw:

(1) If the application for a license is incomplete, the applicant shall be notified by telephone of this fact at least seven days prior to the end of the 30 day investigative period. The applicant may either complete the application within that seven days or withdraw the application.

(2) If the applicant elects to withdraw the application, the Division will deem any supporting documents which the Division has obtained, such as the criminal background check and references, current for an additional 30 days within which time the applicant may refile the application.

(3) Failure to withdraw an incomplete application (one that omits material information) before the end of the original 30 day investigative period shall result in the denial of a private personnel service license. However, the applicant may re-apply.

(i) Notice of Denial. If the Commissioner denies a private personnel service license, the applicant shall be notified of this fact by certified mail sent to his or her last known address.

History

  • Authority G.S. 95-47.2; 95-47.3; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0103 Duration and Renewal of License {#sec-13-ncac-17-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0103}

(a) Period Issued. A license to operate a private personnel service shall be valid for one year from the date of issuance, which is the date that appears on the actual license.

(b) Renewal:

(1) At least 60 days prior to the date of expiration, the Commissioner shall notify each licensee in writing of the expiration of the license.

(2) Renewal applications, completed on a form provided by the Private Personnel Service Office, shall be submitted to the Private Personnel Service Office at least 30 days prior to the expiration date of the license. The renewal application shall be executed before a notary public and shall include all material changes in the operation of the private personnel service from the latest application for licensure or renewal or shall certify that no such changes have occurred.

(3) The Commissioner shall deny the application for renewal of license if any grounds exist that would have caused denial of the original license application or if the private personnel service has any unrectified violations of G.S. 95, Article 5A or the rules in this Section.

History

  • Authority G.S. 95-47.2; 95-47.9
  • Eff. February 27, 1995
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0104 Change of Private Personnel Service Status {#sec-13-ncac-17-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0104}

(a) Change of Private Personnel Service Name:

(1) Licensees desiring to change the name of their private personnel service must give the Commissioner 30 days advance written notice.

(2) In addition, the licensee must obtain a rider to the surety bond showing the new name and submit it to the Division before the new name can become final.

(3) In addition, when a change in name requires a new filing of an assumed business name, a copy of the new filing must be provided to the Commissioner before the new name can become final.

(4) A change in the name does not require a new license, only an amendment to the current license.

(5) After completion of the requirements in this Paragraph, the licensee shall return his current license to the Division for such amendment and reissuance.

(b) Change of Private Personnel Service Location:

(1) Licensees desiring to change the location of their private personnel service must give the Commissioner 30 days advance written notice.

(2) A change in the location of the private personnel service does not require a new license, only an amendment to the current license.

(3) The licensee shall return his current license to the Division for such amendment and reissuance.

(c) Assignment/Transfer of License:

(1) Licensees desiring to assign or transfer their license to a new owner must give the Commissioner 30 days advance written notice.

(2) In addition, the proposed new owner must file an application for license with the Commissioner and obtain a new surety bond.

(3) After completion of the requirements in this Paragraph, the Commissioner shall issue a temporary license in accordance with G.S. 95-47.2(i).

(d) Relinquishment of License. Licensees desiring to relinquish their license must:

(1) Notify the Commissioner in writing;

(2) Return the actual license to the Division; and

(3) Comply with the provisions in G.S. 95-47.5 and Rule .0109 of this Chapter.

(e) Cancellation of the Bond by the Surety:

(1) Upon receipt of a Notice of Cancellation of the bond by the surety, the Commissioner shall advise the licensee in writing of such cancellation. The Division must receive a new bond prior to the effective date of cancellation of the existing bond.

(2) If a new bond is not received prior to the cancellation of the existing bond, the Commissioner shall advise the licensee in writing that the Commissioner will seek injunctive relief to suspend operation of the private personnel service under G.S. 95-47.10 pending receipt of the surety bond required by G.S. 95-47.2(j).

(3) Failure to maintain the surety bond at all times shall be grounds for revocation of the license by the Commissioner.

(f) Disassociation of Manager:

(1) Should any manager become disassociated with a licensee for any reason, the licensee shall notify the Commissioner of this fact within 10 days and shall at that time designate another manager unless there was more than one manager and the remaining manager(s) will be managing the private personnel service without replacement of the disassociating manager.

(2) A newly designated manager shall sign a Release of Information authorization pursuant to Rule .0102 of this Chapter.

(3) Upon completion of the investigation and approval of the newly designated manager, the licensee shall return his current license to the Division for such amendment and reissuance.

History

  • Authority G.S. 95-47.2; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0105 Fee Reimbursement {#sec-13-ncac-17-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0105}

This Rule addresses requests for fee reimbursement by an applicant who accepts employment, the compensation for which is based, in whole or in part, on commission and who pays a fee based on the commission-based earnings.

(1) Complaints Against Employers:

(a) Filing the Complaint. Any applicant using a private personnel service desiring to file a complaint involving a fee reimbursement from an employer in accordance with G.S. 95-47.3A(a) shall file a written complaint with the Commissioner, signed before a notary public. The complaint shall be filed either within 60 days of the date last employed or after one year of employment, whichever is earlier.

(b) Contents of the Complaint. The complaint shall state the name and address of the employer complained against, the licensee's name and address, and shall fully detail the nature of the complaint.

(c) Copy of Complaint to Employer. When a complaint is filed, the Commissioner shall serve a copy of the complaint upon the employer complained against either personally, by certified mail, by overnight express, or faxed as long as the employer acknowledges receipt. Likewise, the Commissioner shall send a copy of the complaint by the same means to the licensee responsible for making the placement. The employer and the licensee shall respond to the complaint within 10 days of the receipt of the complaint. The response shall include copies of all written receipts and agreements which either the employer or the licensee has in its possession concerning the particular complaint and other material as requested by the Division.

(2) Complaints Against Private Personnel Services:

(a) Filing the Complaint. Any applicant using a private personnel service desiring to file a complaint involving a fee reimbursement where the private personnel service is responsible for any potential fee reimbursement in accordance with G.S. 95-47.4(h) shall file a written complaint with the Commissioner, signed before a notary public. The complaint shall be filed either within 60 days of the date last employed or after one year of employment, whichever is earlier.

(b) Contents of the Complaint. The complaint shall state the name and address of the licensee complained against and shall fully detail the nature of the complaint.

(c) Copy of Complaint to Licensee. When the complaint is filed, the Commissioner shall serve a copy of the complaint upon the licensee complained against either personally, by certified mail, by overnight express, or faxed as long as the licensee acknowledges receipt. The licensee shall respond to the complaint within 10 days of the receipt of the complaint. The response shall include copies of all written receipts and agreements which the licensee has in its possession concerning the particular complaint and other material as requested by the Division.

(3) Investigation:

(a) The Commissioner shall investigate the complaint to determine whether the applicant is entitled to a fee reimbursement.

(b) If the employer is liable for a potential fee reimbursement, the burden of proof is on the employer to show that a statement by the employer in the licensee's written job order of potential or anticipated commission-based earnings is realistic under the circumstances.

(c) If the private personnel service is liable for a potential fee reimbursement, the burden of proof is on the private personnel service to show that a statement in the licensee's written job order of potential or anticipated commission-based earnings is realistic under the circumstances.

(d) In addition, the Commissioner may consider such factors including, but not limited to, the following:

(i) What compensation other people in the same job as the applicant are making or have made;

(ii) The market and economy;

(iii) Competition.

The Commissioner shall look at these factors in the context of the complainant's job training, relative experience, number of hours worked, number of calls made in person or over the phone, and a determination of the complainant's ability and effort to do the job.

(4) Determination. The Commissioner shall make a determination within 60 days from the date of the filing of the complaint and shall notify both the complainant, and either the licensee or the employer, as is appropriate, of the determination.

(5) Hearing:

(a) Request for Hearing. Either party may file a written request for a hearing before the Commissioner within seven days from the receipt of notice of the Commissioner's determination.

(b) Notice of Hearing. Notice of the hearing shall be given in accordance with G.S. 150B-38.

(c) Conduct of Hearing.

(i) Parties may appear in their own behalf or be represented by counsel. When an attorney represents a party, he or she shall advise the Commissioner of his or her name, address and telephone number in advance of the hearing as soon as practicable after assuming representation.

(ii) All witnesses at the hearing shall testify under oath or affirmation.

(iii) The Commissioner may issue subpoenas requiring the attendance and testimony of witnesses and take depositions as deemed necessary.

(iv) Within 30 days after the conclusion of a hearing, the Commissioner shall render a decision in writing. Copies of the Commissioner's findings and order shall be sent by certified mail to the parties.

(v) A party aggrieved by the Commissioner's decision may seek a review of the decision in accordance with G.S. 150B-43 through G.S. 150B-52.

History

  • Authority G.S. 95-47.3A; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0106 Job Orders {#sec-13-ncac-17-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0106}

(a) Bona Fide Job Order Required. No private personnel service shall offer or hold itself out as being able to secure a specific position of employment for an applicant without having a bona fide job order. A bona fide job order is one which:

(1) Is recorded on a form;

(2) Contains, at a minimum, the following:

(A) Name and title of the person communicating the job order to the private personnel service;

(B) Date recorded or last verified, whichever is most recent;

(C) Name and address of the employer;

(D) Job title and requirements;

(E) Wages or salary, including any bonus that is included in the stated anticipated annual earnings;

(F) Anticipated hours worked;

(G) Any compensation that is based on commission;

(H) Whether it is the applicant or the employer that is responsible for the placement fee; and

(I) Name of the person recording the job order.

(b) Private Personnel Service Responsible for Explaining Conditions of Employment. At a minimum, the private personnel service shall fully disclose to the applicant all of the required information in Subparagraph (a)(2) of this Rule. The private personnel service shall ask the employer for the following information, at a minimum, and shall disclose it to the applicant if received from the employer:

(1) Name and title of person to whom the applicant is to report for an interview;

(2) Requisite education and experience; and

(3) All known conditions of employment, including regular and overtime wages, commissions, benefits, hours, work schedule, whether overtime is expected, whether overtime is included in the expected annual earnings and actual days worked per week.

(c) Disclosure requirements. Disclosure required by this Rule shall occur prior to the applicant's interview with the employer. The private personnel service shall base its disclosure upon documents received from the employer or conversations with the employer which shall be reduced to writing. Disclosure shall be accurate to the best of the private personnel service's knowledge.

(d) Commission-based Compensation:

(1) If an applicant is to be compensated, in whole or in part, by commissions and the employer will be responsible for a potential fee reimbursement, then the job order must also be signed by the employer.

(2) A private personnel service may, however, forego the written job order requirement if it is willing to assume liability for a potential fee reimbursement in accordance with G.S. 95-47.4(f) and G.S. 95-47.4(h)(2).

(e) Job Order Verification. At least once a month, the private personnel service shall verify job orders for which applicants are referred or for which advertisements are placed.

History

  • Authority G.S. 95-47.3A; 95-47.6; 95-47.9
  • Eff. February 27, 1995
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0107 Contracts {#sec-13-ncac-17-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0107}

(a) Types of Contracts. There must be a contract for any service if a fee is charged to the applicant. An applicant may enter into either or both of the following types of contracts with a private personnel service:

(1) A contract for employment placement with payment of a fee contingent on acceptance of employment;

(2) A fee contract for services including, but not limited to, career and occupational counseling, resume and letter writing, networking assistance, interviewing techniques, job prospecting and salary negotiations.

(b) Applicant to Receive Copy of Contract. At the time of execution an applicant shall receive a copy of the contract signed by the applicant and the private personnel service.

(c) Name of Applicant. The applicant's name shall be typed or printed adjacent to the place for the applicant's signature.

(d) Contract for Employment Placement. All contracts for employment placement with an applicant shall set forth in clear and unambiguous terms the respective rights and obligations of the applicant and the private personnel service and shall include the following:

(1) A statement of the fees to be charged the applicant at various salary levels;

(2) If compensation is based, in whole or in part, on commissions, a description of how the private personnel service determines its fees;

(3) An explanation of when the applicant becomes obligated to pay a fee;

(4) Where the private personnel service has no refund policy, yet compensation is based, in whole or in part, on commissions, the private personnel service must give further information to the applicant in either the contract or a supplement to the contract that is also executed by the applicant and the private personnel service (i.e., an addendum on the closing statement). It shall inform both the applicant and the employer in writing of the provisions of G.S. 95-47.3A governing fee reimbursements from employers;

(5) If the private personnel service chooses to be liable for any potential fee reimbursement under G.S. 95-47.3A, the service must provide to the applicant a clear description of how it provides the fee reimbursement. This description must be provided in either the contract or a supplement to the contract that is also executed by the applicant and the private personnel service (i.e., an addendum on the closing statement). The following is sample language that will fulfill this requirement:

REIMBURSEMENTS. If the applicant pays a service fee which is based, in whole or in part, on commissions and the applicant fails to earn at least 80 percent of the compensation amount stated by the employer in the job order, the applicant may file a written complaint with the Department of Labor in accordance with G.S. 95-47.3A. (Name of private personnel service) shall only pay a reimbursement within 10 days of receiving a written final determination from the Department of Labor that a reimbursement is due.

(e) Contract for Other Services. All contracts for other services with an applicant shall include the following:

(1) A statement of what services will be provided and the fees for the various services;

(2) A statement that the applicant becomes obligated to pay a fee once the service(s) is/are provided;

(3) A statement that the private personnel service does not guarantee that the applicant will obtain employment as a result of its services.

(f) Definitions. If the following undefined terms or provisions are used in a contract with an applicant, they shall be deemed to have the following meanings:

(1) Acceptance - A position is accepted when the applicant begins work or agrees to begin work on a fixed date at an agreed remuneration for a specific employer.

(2) Placement or Employment - All placements or employment shall be considered to be of an indefinite term unless clearly disclosed in the closing document.

(3) Fee or Service Charge - The amount charged the applicant for any services rendered by the private personnel service.

(A) A fee or service charge for employment placement is due:

(i) When the applicant accepts employment as a result of a referral to an employer by the private personnel service within one year after the referral.

(ii) When the applicant fails to secure or does not accept the position to which the applicant was originally referred, but accepts another position with the employer or with another employer to whom the first employer refers the applicant within one year as a result, directly or indirectly, of the original referral.

(B) A fee or service charge for any other service is due after the service is rendered.

(4) Fee Schedule - A percentage or set fee on file with, and clearly stated in a manner approved by, the Commissioner for all fees to be charged the applicant.

(5) Base Salary or Earnings - A fixed compensation for services paid to a person on a regular basis.

(6) Termination of Employment:

(A) Termination by employer - An employee may be considered at fault for the following reasons (also includes termination for cause, discharge for just cause, and similar language):

(i) Willful absence from duty;

(ii) Having been convicted, subsequent to his or her employment, of a crime reflecting upon his or her employment;

(iii) Being impaired by alcohol or a controlled substance on the job;

(iv) Being disorderly or insubordinate on the job;

(v) Violating written company policies or rules;

(vi) Misrepresenting or withholding, without the knowledge of the licensee, any information regarding the applicant's ability to perform an essential core function with or without an accommodation.

(B) Termination by employee - An employee has "just cause" (also includes reasonable cause, good cause, justification, and similar language) for voluntarily terminating employment within the length of time upon which the fee was based and is due a prorated refund of the fee (if the private personnel service has a refund policy) when the conditions of employment were either knowingly misrepresented or withheld from the applicant by the private personnel service and said conditions would have, if known at the time of acceptance, caused the applicant to have reasonably refused employment. Such conditions of employment shall include, but not be limited to:

(i) Probationary or trial periods;

(ii) Bankruptcy or cessation of operation by the employer;

(iii) Failure to pay wages when due;

(iv) Conditions at the place of employment which are injurious to the employee's health or safety;

(v) Change in remuneration or lower status than was agreed to when the position was accepted.

In calculating the prorated refund, the length of time upon which the fee was based will be determined in days and that number of days will be divided into the fee to calculate the fee paid per day. Then the amount of the refund will be calculated by multiplying the number of days worked by the fee paid per day and subtracting the result of that multiplication from the total fee paid. For example, the calculation would be as follows: the fee paid by the applicant was three thousand six hundred and fifty dollars ($3,650) and the length of time upon which the fee was based was one year (beginning January 1) so the fee paid per day was ten dollars ($10); the applicant worked January 1 through June 30 or 181 days. The number of days worked times the fee paid per day is one thousand eight hundred and ten dollars ($1,810) which is subtracted from the fee three thousand six hundred and fifty dollars ($3,650) for a refund due of one thousand eight hundred and forty dollars ($1,840).

(g) Refund Policy. A private personnel service shall abide by the refund policy (if any) stated on its contract by paying any refund due under the terms of the contract within 15 days of:

(1) Receiving a request from any applicant; or

(2) If the refund is in dispute, upon receiving a written final determination that a refund is due. Such determination may be issued by the Commissioner, an arbitrator, or a court of law.

History

  • Authority G.S. 95-47.3; 95-47.4; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0108 Records {#sec-13-ncac-17-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0108}

(a) Job Orders or Job Specifications. Every private personnel service shall maintain records of job orders or job specifications for two years from the date on which the job order was last verified.

(b) Licensees Going Out of Business. If a licensee goes out of business records must be maintained pursuant to this Rule. Those records must be available to the Commissioner and the licensee must inform the Commissioner in writing as to where its records will be kept.

History

  • Authority G.S. 95-47.5; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0109 Advertising {#sec-13-ncac-17-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0109}

(a) Bona Fide Job Order Required. No licensee shall publish or cause to be published any advertisement soliciting persons to register for a specific job unless the licensee has on file a bona fide job order covering all known conditions of employment set forth in the advertisement.

(b) False or Misleading Advertisements. No licensee shall circulate any false or misleading information by advertisements or make any statements known to be false to any applicant or employer.

(c) Advertising of Salaries. All salaries, where the dollar amount is advertised, must be substantiated by the job order.

History

  • Authority G.S. 95-47.6; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0110 Prohibited Acts {#sec-13-ncac-17-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0110}

A private personnel service shall not engage in any of the following activities or conduct:

(1) Accept an advance fee from an applicant for any of its services;

(2) Coerce an applicant into accepting employment by applying or using duress, undue influence, fraud or misrepresentation.

History

  • Authority G.S. 95-47.6; 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0111 Penalty {#sec-13-ncac-17-.0111 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0111}

Any fine levied pursuant to G.S. 95-47.9(d) shall be in the amount of two hundred and fifty dollars ($250.00).

History

  • Authority G.S. 95-47.9
  • Eff. February 27, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0201 Accepting Fees from Applicant and Employer {#sec-13-ncac-17-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0201}

If a private personnel service accepts a fee in a single placement from both an applicant and an employer it shall disclose that fact and the fact that it does not represent the applicant exclusively to the applicant. The required disclosures shall be in writing.

History

  • Authority G.S. 95-47.2; 95-47.6
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0202 Activities of Business Considered to Be a Private Personnel Service {#sec-13-ncac-17-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0202}

(a) A business that engages in the activities below, and is not covered by G.S. 95-47.1(16)a (16)f; shall be considered to be a private personnel service if it:

(1) operates in North Carolina;

(2) operates for profit or is a nonprofit business that charges a fee;

(3) holds, or may hold, the applicant liable for a direct or indirect fee to the business; and

(4) performs one of the following:

(A) secures employment for the applicant with any employer other than itself; or

(B) by any form of advertising, holds itself out to applicants as able to:

(i) secure employment with any employer other than itself; or

(ii) provide information or service of any kind purporting to promote, lead to, or result in employment for the applicant with an employer other than the business itself.

(b) "Secure [or secures] employment for the applicant," as used in Items (a)(4)(A)and (a)(4)(B)(i) of this Rule means find work or a job in any location or for any duration. Examples of a business that secures employment for an applicant may include: employment agency; staffing service; model or talent agency; job listing service; escort service; computer consultant; nurses pool; nurses service; medical care service such as respiratory therapist or home health care agency; companion care service; home, pet, or baby sitting service; nanny or au pair agency; outplacement service; head hunter; retained search business; contingency search business; employee leasing service; career coach; career consultant; or temporary service.

(c) Examples of activities that "provide information or service of any kind purporting to promote, lead to, or result in employment for the applicant with an employer other than the business itself" as used in Subpart (a)(4)(B)(ii) of this Rule shall include, but not be limited to, the following:

(1) recommending a specific potential employer to an applicant;

(2) preparing a résumé or cover letters to be sent to an employer suggested or recommended by the business;

(3) setting up an appointment on behalf of an applicant, or otherwise making contact with a prospective employer on behalf of an applicant;

(4) counseling an applicant on techniques for job search, interview, salary or benefits negotiations, or any other job seeking methodology to be used with a potential employer suggested or recommended by the business;

(5) advertising to applicants that the business can help the applicant find employment. Examples of such advertising include: "job hunting?" "help people find a job;" "open the floodgates to employment opportunity;" "take care of the pragmatic details of career research" or "take care of creation of a client's personal marketing materials" where the business suggests specific potential employers; provides access to "inside job leads," "unpublished information," or the "hidden job market;" or provides "outplacement;" or

(6) conducting industry research for an applicant in order to determine specific potential employers.

(d) The name of the business, or description of services the business offers, does not control whether the Commissioner finds the service to be a private personnel service.

History

  • Authority G.S. 95-47.1; 95-47.4; 95-47.6
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0203 Reserved for Future Codification {#sec-13-ncac-17-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0203}
13 NCAC 17 .0204 Review of Licensee's Records {#sec-13-ncac-17-.0204 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0204}

In matters relating to complaints, licensure and re-licensure, the license applicant or private personnel service shall permit the Commissioner to inspect records required by G.S. 95, Article 5A and the rules in this Chapter.

History

  • Authority G.S. 95-47.2; 95-47.3A; 95-47.5; 95-47.6; 95-47.8; 95-47.9; 95-47.14; 95-47.15
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 17 .0205 Disclosure of Financial Relationships {#sec-13-ncac-17-.0205 omnilex-key=us-nc-regs-official--title-13--13 NCAC 17 .0205}

Unless clearly disclosed in writing in advance, the private personnel service shall not, directly or indirectly, receive a fee from a collection agency (as defined in G.S. 58-70-15) or a loan agency (as defined in G.S. 105-88).

History

  • Authority: G.S. 95-47.2; 95-47.3; 95-47.3A; 95-47.4; 95-47.6; 95-47.9
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Chapter 18 Job Listing Services

13 NCAC 18 .0101 Introduction {#sec-13-ncac-18-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0101}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0102 Definitions {#sec-13-ncac-18-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0102}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0103 Licensing Procedures {#sec-13-ncac-18-.0103 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0103}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0104 Surety Bonds {#sec-13-ncac-18-.0104 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0104}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0105 Contracts {#sec-13-ncac-18-.0105 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0105}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0106 Records {#sec-13-ncac-18-.0106 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0106}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0107 Advertising {#sec-13-ncac-18-.0107 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0107}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0108 Prohibited Acts {#sec-13-ncac-18-.0108 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0108}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0109 Review of Job Listing Services {#sec-13-ncac-18-.0109 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0109}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.
13 NCAC 18 .0110 Penalty {#sec-13-ncac-18-.0110 omnilex-key=us-nc-regs-official--title-13--13 NCAC 18 .0110}

History

  • Status: repealed
  • Authority G.S. 95-47.4; 95-47.9; 95-47.19; 95-47.21; 95-47.22; 95-47.23; 95-47.24; 95-47.25; 95-47.26; 95-47.29; 95-47.30; 95-47.31
  • Eff. January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22,
  • 2018
  • Repealed Eff. June 1, 2023.

Chapter 19 Retaliatory Employment Discrimination

13 NCAC 19 .0101 Retaliatory Employment Discrimination Bureau {#sec-13-ncac-19-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0101}

The main office of the Retaliatory Employment Discrimination Bureau, which administers the provisions of Article 21 of G.S. 95, the Retaliatory Employment Discrimination Act (REDA), is maintained in the Raleigh office of the Department of Labor (the Department) at the Old Revenue Building, 111 Hillsborough Street, Raleigh, North Carolina. The mailing address of the main office is:

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Amended Eff. September 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025; August 1, 2020.
13 NCAC 19 .0102 Forms {#sec-13-ncac-19-.0102 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0102}

Copies of current forms used by the Retaliatory Employment Discrimination Bureau are available from the Raleigh office.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 19 .0201 Definitions {#sec-13-ncac-19-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0201}

The following definitions are applicable throughout this Chapter:

(1) "Complainant" is a person allegedly aggrieved by a violation of G.S. 95-241, who files a written complaint with the Retaliatory Employment Discrimination Bureau.

(2) "Employee" means those individuals protected from discrimination or retaliation by G.S. 95-241, and includes but is not limited to those individuals defined as employees in G.S. 97-2(2), G.S. 95-25.2(4), G.S. 95-127(9), miners as defined in G.S. 74-24.2, temporary, leased, or loaned employees, former employees, jointly employed employees, common law employees, and applicants.

(3) "Interview" as used in these Rules includes privately speaking with an employee or witness on company time on the company premises.

(4) "Open or pending in the trial court division" as set forth in G.S. 95-242(e) means the period beginning with the filing of a written complaint with the Department and ends with either the Commissioner's receipt of a final determination by the trial court on the Commissioner's civil action or closure of the file according to these Rules, whichever occurs later.

(5) "Protected activity" or "activity" shall mean and include all the actions set forth in G.S. 95-241(a) and G.S. 127A-111.

(6) "Respondent" is a person, as defined in G.S. 95-240(1), against whom a REDA complaint is filed.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 19 .0301 Contents of Complaint {#sec-13-ncac-19-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0301}

(a) A complaint filed by or on behalf of a complainant must contain the following information:

(1) Name and address of the complainant;

(2) Name and address of the respondent, or other information which sufficiently identifies the respondent;

(3) Description of protected activity, trait or status covered by REDA;

(4) Description of alleged retaliatory or discriminatory action;

(5) Approximate date of alleged retaliatory or discriminatory action; and

(6) Signature of complainant either on complaint form or on supporting documentation allowing the complaint to be filed on behalf of complainant.

(b) The complaint may be amended as needed to meet these requirements.

(c) Complaints and amendments may be filed on a Retaliatory Employment Discrimination Bureau form or other document containing the information in Paragraph (a) of this Rule.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 19 .0302 Filing of Complaints {#sec-13-ncac-19-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0302}

(a) A complaint is filed when it is received by the Retaliatory Employment Discrimination Bureau. The complaint, faxed complaint, amendments, written authorizations, and faxed authorizations must be received by the Retaliatory Employment Discrimination Bureau within 180 days of the alleged violation.

(b) A complaint may be filed by facsimile as long as a signed paper copy is received by the Retaliatory Employment Discrimination Bureau within 10 calendar days of transmittal of the fax. If a signed paper copy of the complaint is not received as set forth in this Rule, the faxed complaint is subject to administrative closing as set out in these Rules.

(c) If a complaint is filed by anyone other than the complainant, including an attorney, the Retaliatory Employment Discrimination Bureau must receive a written authorization, dated and signed by the complainant allowing such person to file the complaint on the complainant's behalf. The written authorization must be received by the Retaliatory Employment Discrimination Bureau within 10 calendar days of receipt of the complaint. Such complaints not followed by written authorization are subject to administrative closing as set out in these Rules.

(d) A written authorization may be filed by facsimile as long as a signed paper copy is received by the Retaliatory Employment Discrimination Bureau within 10 calendar days of transmittal of the fax. If a signed paper copy of the written authorization is not received as set forth in this Rule, the complaint is subject to administrative closing as set out in these Rules.

(e) Computation of time for filing and other deadlines shall be in accordance with G.S. 1A-1, Rule 6(a).

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 19 .0401 Investigation {#sec-13-ncac-19-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0401}

(a) The Commissioner may, in addition to other actions, interview witnesses, examine and obtain copies of documents, and visit workplaces in determining whether or not there is reasonable cause to believe that the allegations of the complaint are true.

(b) The respondent has 30 days from notification of the complaint to respond to the allegations of the complaint. The respondent's failure to timely respond shall not prevent the investigation from proceeding to a determination.

(c) The complainant shall cooperate during the course of the investigation. Cooperation shall include, but is not limited to:

(1) notifying the Retaliatory Employment Discrimination Bureau, as soon as possible, of changes in address, name or telephone number;

(2) providing all information requested by the investigator in the time and manner specified by the investigator;

(3) attending meetings or conferences scheduled by the investigator;

(4) meeting reasonable deadlines established by the investigator;

(5) returning required forms; and

(6) returning telephone calls.

Failure to cooperate may result in dismissal of the complaint pursuant to Rule .0603 of this Chapter.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018
  • Amended Eff. March 1, 2025.
13 NCAC 19 .0402 Interviews {#sec-13-ncac-19-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0402}

(a) All witnesses shall be interviewed in private, except as provided in Paragraphs (b) and (c) of this Rule.

(b) Witnesses may be accompanied by their own attorney, representative, or interpreter.

(c) Witnesses whose statements can legally bind a respondent may be accompanied by that respondent's attorney.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0501 Right-to-Sue Letters {#sec-13-ncac-19-.0501 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0501}

A right-to-sue letter may be requested by the complainant after a determination of reasonable cause to believe that the allegations of the complaint are true and notice of conciliation failure. The request may be granted unless the Commissioner intends to file a civil action pursuant to G.S. 95-243. If the request for a right-to-sue letter is granted, the case shall be closed.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0502 Requests for Right-to-Sue Letters {#sec-13-ncac-19-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0502}

History

  • Status: expired
  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.
13 NCAC 19 .0601 Administrative Closings {#sec-13-ncac-19-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0601}

A complaint may be administratively closed without investigation if it does not contain the information specified in Rule .0301 of this Chapter. In the event that the case is administratively closed, the intended respondent shall not be notified and the complainant shall not receive a right-to-sue letter.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0602 Withdrawals {#sec-13-ncac-19-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0602}

The complainant may withdraw the complaint, in writing, at any time prior to the Department's determination that there is reasonable cause to believe that the allegations of the complaint are true.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0603 Right-to-Sue Dismissals {#sec-13-ncac-19-.0603 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0603}

Complaints may be dismissed and a right-to-sue letter issued for the following reasons:

(1) Insufficient evidence to support the allegations of the complaint; or

(2) Complainant's failure to cooperate during the investigation.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0604 Right-to-Sue Closure {#sec-13-ncac-19-.0604 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0604}

Upon the issuance of a right-to-sue letter, the Commissioner shall close the case file.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0605 Settlements {#sec-13-ncac-19-.0605 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0605}

Upon settlement of the case and compliance with the terms of any approved settlement agreement, the Commissioner shall close the case file.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0701 Settlement {#sec-13-ncac-19-.0701 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0701}

Except in those cases where the complaint has been withdrawn, or a right-to-sue letter has been issued, the Commissioner shall be a party to all settlements of complaints filed with the Commissioner pursuant to REDA.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.
13 NCAC 19 .0702 Litigation {#sec-13-ncac-19-.0702 omnilex-key=us-nc-regs-official--title-13--13 NCAC 19 .0702}

In determining whether to file a civil action or issue a right-to-sue letter, the Commissioner shall consider the interests of both the public and the individual complainant. If the Commissioner elects to file a civil action, the Commissioner shall control all aspects of the litigation, which shall include the acceptance of any proposed settlement.

History

  • Authority G.S. 95-245
  • Eff. April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Chapter 20 Controlled Substances Examination Regulation

13 NCAC 20 .0101 Definitions {#sec-13-ncac-20-.0101 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0101}

As used in G.S. 95, Article 20 and this Chapter:

(1) "All actions" means procedures performed on the sample to detect, identify, or measure controlled substances. Examples include, but are not limited to, "examinations and screening for controlled substances," "controlled substances testing," "drug testing," "screening," "screening test," "confirmation," and "confirmation test".

(2) "Chain of custody" means the process of establishing the history of the physical custody or control of the sample from the time the examiner provides the container for the sample to the examinee through the later of:

(a) The reporting of the negative result to the examiner;

(b) The 90 day period specified in G.S. 95-232(d); or

(c) The completion of the retesting described in G.S. 95-232(f).

(3) "On-site" means any location, other than an approved laboratory, at which a screening test is performed on prospective employees. For example, "on-site" locations include, but are not limited to, the examiner's place of business or a hospital, physician's office, or third-party commercial site operated for the purpose of collecting samples to be used in controlled substance examinations.

(4) "Sample" means the examinee's urine, blood, hair or oral fluids obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing.

(5) "Employer or person charged" means an examiner found by the Commissioner to have violated G.S. 95, Article 20.

(6) "Preliminary screening procedure" means a controlled substance examination that uses a single-use test device that:

(a) Is portable and can be administered on-site;

(b) Meets the requirements of the U.S. Food and Drug Administration for commercial distribution contained in Title 21, Part 807 of the Code of Federal Regulations; and

(c) Meets the generally accepted cutoff levels contained in the Mandatory Guidelines for Federal Workplace Drug Testing Programs adopted by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration in 69 FR 19644.

(7) "Single-use test device" means the reagent-containing unit of a test system that:

(a) Is in the form of a sealed container or cartridge that has a validity check, a nonresealable closure, or an evidentiary tape that ensure detection of any tampering;

(b) Is self-contained and individually packaged;

(c) Is discarded after each test; and

(d) Does not allow any test component or constituent of a test system to interact between tests.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Temporary Amendment Eff. January 16, 2002
  • Amended Eff. July 1, 2003
  • Temporary Amendment Eff. November 30, 2006
  • Amended Eff. February 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0201 Computing Time Periods {#sec-13-ncac-20-.0201 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0201}

In computing any period of time described in G.S. 95, Article 20 or this Chapter, the day of the triggering act or event shall not be counted. If the last day of the period falls on a Saturday, Sunday or a legal holiday, it shall not be counted and the period shall end at the close of the next day which is not a Saturday, Sunday, or a legal holiday. The Commissioner shall use Rule 6 of the NC Rules of Civil Procedure, G.S. 1A-1, Rule 6(a), as a guide in interpretation of this Rule. "Legal holiday" means the legal holidays observed by the Superior Courts of North Carolina. A list of legal holidays is available from the Administrative Office of the Courts and each local Clerk of Superior Court in North Carolina.

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0202 Applicability {#sec-13-ncac-20-.0202 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0202}

The provisions of G.S. 95, Article 20 and this Chapter regarding the collection and handling of samples apply whenever an on-site screening test is performed.

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0203 Confirmation of Samples {#sec-13-ncac-20-.0203 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0203}

For confirmation of positive results or for retesting of confirmed positive results, the approved laboratory shall use gas chromatography with mass spectrometry (GC/MS) or the examiner shall bear the burden of proof to show that the substitute testing method used is an equivalent scientifically accepted method.

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0301 Examiner Options {#sec-13-ncac-20-.0301 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0301}

In collecting and transporting the sample to the approved laboratory, the examiner may:

(1) Collect and transport the sample itself; or

(2) Send the examinee to the approved laboratory for the collection; or

(3) Contract with a third party to collect and transport the sample. Examples of a third party include physicians, medical clinics, hospitals, or consortia established to negotiate rates for these services.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0302 Current Employees {#sec-13-ncac-20-.0302 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0302}

History

  • Status: repealed
  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Temporary Repeal Eff. November 30, 2006
  • Repealed Eff. February 1, 2007.
13 NCAC 20 .0303 prospective employees {#sec-13-ncac-20-.0303 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0303}

History

  • Status: repealed
  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Temporary Repeal Eff. November 30, 2006
  • Repealed Eff. February 1, 2007.
13 NCAC 20 .0304 Contractor Procedures {#sec-13-ncac-20-.0304 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0304}

If the examiner contracts with a third party for collection, screening, or confirmation testing, the examiner shall ensure that the contractor's procedures comply with requirements of G.S. 95, Article 20 and this Chapter. Compliance with the requirements of the United States Department of Health and Human Services (DHHS), 59 Federal Register No. 110, pages 29908 through 29931 (June 9, 1994), for all aspects of the controlled substance examination shall meet the requirements of G.S. 95, Article 20 and this Chapter. Compliance with the requirements of the College of American Pathologists' (CAP) Forensic Urine Drug Test Inspection Checklist shall meet the requirements of G.S. 95, Article 20 and this Chapter for screening, confirmation and retesting of confirmed samples. If the examiner adopts alternative procedures, the examiner shall ensure that the alternative procedures meet the requirements of G.S. 95, Article 20 and this Chapter. However, nothing in the DHHS or CAP requirements shall be interpreted to:

(1) require the examiner to use the services of a medical review officer; or

(2) allow the examiner to conduct on-site screening for current employees.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0305 Laboratory Instructions {#sec-13-ncac-20-.0305 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0305}

The examiner shall follow procedural instructions of the approved laboratory regarding the controlled substance examination, unless the examiner follows equally reliable procedures which it has previously adopted in writing. The examiner shall bear the burden of proof to show these alternative procedures are equally reliable. Examples of procedural instructions include, but are not limited to, instructions regarding:

(1) collection of samples;

(2) reasonable and sanitary conditions for collection;

(3) chain of custody;

(4) preservation of examinees' individual dignity;

(5) prevention of substitution or adulteration of samples;

(6) prevention of interference with the collection, examination, or screening of samples;

(7) on-site screening;

(8) confirmation of positive tests;

(9) any other action to be taken with regard to the collection, labeling, packaging, transportation, screening, documentation, or preservation of samples used for controlled substance examinations.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0306 Retesting Laboratory Instructions {#sec-13-ncac-20-.0306 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0306}

If the examinee chooses to have the confirmed positive sample retested, the examiner and, where applicable, the examiner's agent (the original testing laboratory) shall follow the retesting laboratory's instructions in facilitating the retest of the positive sample.

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0401 Initial Notice to Examinees {#sec-13-ncac-20-.0401 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0401}

At the time of the provision of the sample, the examiner shall provide examinees with written notice of their rights and responsibilities under the Controlled Substance Examination Regulation Act.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0402 Post-Testing Notice to Examinees {#sec-13-ncac-20-.0402 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0402}

Within 30 days from the time that the results are mailed or otherwise delivered to the examiner, the examiner shall give notice to the examinee, in writing:

(1) of any positive result of a controlled substance examination; and

(2) of the examinee's rights and responsibilities regarding retesting under G.S. 95-232(f).

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.

In order to preserve individual dignity and privacy, examiners and their agents shall keep information confidential relating to examinees' controlled substance examinations, unless otherwise authorized by law or this Chapter.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0502 Examples {#sec-13-ncac-20-.0502 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0502}

Examples of confidential information include: controlled substance examination results or information provided by examinees about their medical histories and lawful prescription drug use.

History

  • Authority G.S. 95-231; 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0503 Release of Confidential Information {#sec-13-ncac-20-.0503 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0503}

Examiners and their agents may release information which would otherwise be confidential under this Chapter in the following circumstances:

(1) to the examinee or to any other person upon written authorization signed by the examinee;

(2) to laboratories performing screening, confirmation tests, or retests of confirmed positive results;

(3) for employment-related reasons. Examples of employment-related reasons include: performance evaluations, discipline and provision of references; or

(4) to a government agency, court or other tribunal having jurisdiction over any claim or proceeding involving the examinee and the examiner.

History

  • Authority G.S. 95-231, 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0601 Payment of Expenses {#sec-13-ncac-20-.0601 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0601}

The examiner shall pay expenses related to all controlled substance examinations except examinee-requested retests. The examinee shall pay all reasonable expenses for retests of confirmed positive results.

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
13 NCAC 20 .0602 Reasonable Expenses {#sec-13-ncac-20-.0602 omnilex-key=us-nc-regs-official--title-13--13 NCAC 20 .0602}

"Reasonable expenses for retesting" means:

(1) the actual cost of the retest charged by the approved laboratory;

(2) fees assessed by the approved laboratory for expenses associated with the retest. Examples of laboratory expenses include chain of custody procedures and shipping;

(3) a maximum of fifteen dollars ($15.00) for the examiner's expenses, if any, to comply with chain of custody procedures related to the retest. The amount of fifteen dollars ($15.00) for the expenses described in this Item shall be deemed to be a reasonable amount. The examiner may charge more than fifteen dollars ($15.00) for the expenses described in this item if the examiner proves the actual cost of expenses greater than fifteen dollars ($15.00); and

(4) the actual cost of any shipping expenses the examiner incurs related to the retest.

History

  • Authority G.S. 95-232; 95-234
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.

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