21 NCAC 50 .0315             responsibilities of private educational institution technician licensees

(a)  A licensed Private Educational Institution Technician shall list their license with the Board in the name of the private educational institution by whom the licensee is employed.

(b)  The holder of license as a Private Educational Institution Technician shall be a full-time employee of a private education institution.

(c)  A Private Educational Institution Technician licensee shall ensure that a permit is obtained from the State or local code enforcement official of the jurisdiction where the worksite is located before commencing any work for which a license is required by the Board. The licensee shall also ensure that a request for final inspection of the work for which a license is required is made within 10 days of the earlier of the system being made operational or placed in service, absent agreement with the permitting authority. Absent agreement with the authority having jurisdiction the licensee shall not be relieved of responsibility to the Board to arrange inspection until a certificate of compliance or the equivalent is obtained from the authority having jurisdiction or the licensee has documentary evidence of his effort to obtain the same.

(d)  The failure of a licensee to comply with the permit and inspection obligations outlined in this Rule shall be considered by the Board as evidence of incompetence or misconduct in the use of license from the Board.

(e)  A Private Educational Institution Technician licensee shall be responsible for general supervision to the extent of his or her qualifications, compliance with the codes and standards contained in Rule .0505 of this Chapter, and assurance that permits and inspections are obtained.

(f)  The "general supervision" required by G.S. 87-26 is the degree of supervision necessary and sufficient to ensure that the work is performed in a workmanlike manner and with the requisite skill and that the installation is made in accordance the codes and standards contained in Rule .0505 of this Chapter, manufacturer installation instructions and industry practice. General supervision requires that review of the work done pursuant to the Private Educational Institution Technician license be performed by the Private Educational Institution Technician licensee while the work is in progress.

(g)  In each Private Educational Institution location, branch, or facility of any kind from which work requiring a license pursuant to G.S. 87, Article 2 is carried out there shall be on duty all hours during which the work requiring license is carried out, at least one licensee who holds the appropriate Private Educational Institution Technician license in the classification required for the work being proposed or performed, whose license is listed in the name of the particular Private Educational Institution at that location, and who is engaged in the work of the Private Educational Institution at the institution location or at an institution job site and who has the responsibility to exercise general supervision over the work and who has been empowered to act for the Private Educational Institution, as defined in Rule .0505 of this Chapter, of all work falling within his or her license qualification. Evidence of compliance shall be required as a condition of renewal or retention of license and falsification shall constitute fraud in obtaining license. The standards set forth in Rule .0512 of this Chapter shall be applied.

(h)  An unlicensed person employed by a Private Educational Institution licensed and supervised pursuant to G.S. 87, Article 2 shall not be required to have a license and shall not be subject to an action for injunctive relief brought by the Board if the unlicensed person is a bona-fide employee of the State and local government.

(i)  The annual license fee for a Private Educational Institution Technician license is one hundred fifty dollars ($150.00), except as provided in Paragraph (j) of this Rule.

(j)  The annual license fee for a Private Educational Institution Technician license that is listed as the second or subsequent licensee at the same agency location is seventy-five dollars ($75.00).

History Note:        Authority G.S. 87-18; 87-21(b);

Eff. July 1, 2020.