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NC Irrigation Contractors’ Licensing Board Update
AROUND THE INDUSTRY
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The North Carolina Irrigation Contractors’ Licensing Board (NCICLB), established via legislation on Jan. 1, 2009, oversees the licensing of irrigation contractors in North Carolina. The purpose of licensure is to protect the public health, safety and welfare, as well as promote the efficient use of water.
According to the licensure law, which became effective on June 30, 2009, no person shall engage in the practice of irrigation construction or contracting, use the designation Irrigation Contractor, or advertise using any title or description that implies licensure as an irrigation contractor unless the person is licensed as an irrigation contractor. All irrigation construction or contracting performed by an individual, partnership, association, corporation, firm or other group shall be under the direct supervision of an individual licensed by the NCICLB.
How will a license help my business?
Individuals and companies with North Carolina Irrigation Contractors’ Licenses are viewed in the industry as reliable professionals who adhere to high standards. In addition, being licensed by the NCICLB shows the extra time and effort you have put into building your credibility as an irrigator. Furthermore, since the NCICLB encourages North Carolinians to hire licensed professionals to perform any irrigation work, project owners are more likely to hire licensed professionals.
Why should I become licensed?
North Carolina General Statute § 89G-(1-13) is a “Practice Act” that addresses individuals using the Irrigation Contractor designation, as well as individuals performing irrigation contracting and construction services. All individuals and businesses performing irrigation contracting and construction services are required to be licensed, unless the work or individual falls under a specific exemption pursuant to § 89G-3.
How is the law upheld and enforced?
The NCICLB is notified of potential violations of the law by the public via an online complaint form. Unlawful irrigation activity may include, but is not limited to, unlicensed practice, advertising violations or failure to meet minimum standards. If a potential violation is found, a Notice of Complaint is mailed to the alleged violator, and the case is forwarded to the board investigator, who then follows up by gathering evidence and facts from involved parties. If evidence that an unlicensed individual or company has contracted or constructed irrigation services for which the price of all contracts for labor, material and other items for a given job site exceeds $2,500, the case is referred to the NCICLB legal counsel.
Following review of the investigation by the legal counsel, a Notice of Violation may be sent, allowing the alleged violator to settle the matter through a formal settlement agreement. Complaints may be resolved, for example, by giving the contractor the opportunity to address and repair issues. However, if a settlement cannot be reached or the respondent does not agree with the findings of the NCICLB, the case will be set for hearing. North Carolina General Statute §89G-11 allows the NCICLB to assess a civil penalty of up to $2,000 per violation.
Can I advertise irrigation services if I am unlicensed and only service and maintain irrigation systems?
Yes. However, pursuant to North Carolina General Statute § 89G-2, no person shall advertise using any title or description that implies licensure as an irrigation contractor unless the person is licensed as an irrigation contractor by the NCICLB. Also, be aware that the price of all contracts for labor, material and other items for that given contract must be less than $2,500.
What are surety bonds and irrevocable letters of credit, and why are licensees required to have them?
A surety bond is a legally binding contract between three parties: the surety (usually an insurance company), the contractor and the project owner (homeowner). The surety provides a line of credit to guarantee payment of a claim, giving the project owner a financial guarantee that the contractor will fulfill its obligations. This binds the contractor to comply with the terms and conditions of a contract. If the contractor is unable to successfully perform the contract, the project owner has the right to file a claim against the bond in order to recoup damages or losses. If a claim is valid, the surety may pay the project owner for the damages or losses, in an amount not exceeding the bond amount.
In lieu of obtaining a surety bond, an irrevocable letter of credit, issued by an insured credit institution
(e.g., bank, credit union, etc.), can be obtained. Such a letter of credit indicates that funds are held by the credit institution to cover the contractor’s responsibilities to ensure that projects are completed. Irrevocable letters of credit and surety bonds serve the same general purpose in providing a financial guarantee, should a claim be brought against a contractor.
Can licensed Irrigation Contractors install backflow devices?
Yes, but only if the individual holds a Restricted Limited Plumbing Contractor License issued by the North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinklers. This limited license gives contractors the ability to legally install backflows.
To verify that an irrigation contractor is properly licensed to install backflows, be sure to check the North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors’ licensee search feature at https://public.nclicensing. org/Public/Search.2023
License Renewal
• In order to avoid late fees, be sure to renew your North
Carolina Irrigation License by
Dec. 31, 2022! • To renew your individual Irrigation License for 2023, 10 continuing education (CE) credits, including six irrigation credits and four business credits, are required. CE hours must be obtained between Jan. 1, 2022, and
Dec. 31, 2022. • Whenever possible, the licensee should upload proof-of-attendance forms into his or her online account — this will expedite the audit process, should the licensee be chosen for review.
Prior to uploading, please ensure
that your name and license number are included on all proof-of-attendance forms and that the forms include a signa-
ture. Incomplete forms will not be accepted. • For those with a corporate license, don’t forget that the firm license cannot be renewed until you have submitted the required
CE proof-of-attendance forms and paid the $100 individual license fee. • Many virtual and in-person class options are available. All approved CE courses are listed on the nciclb.org website, and newly submitted CE courses are reviewed on a monthly basis. Always
check your account to ensure that you have not taken and/or reported the same class within a three-year period.
• When in doubt, contact the
NCICLB office for assistance at (919) 872-2229.
NCNLA’s mission is to provide essential value to our members through
education, marketing and advocacy
www.ncnla.com
• Be certain that there is a $10,000 surety bond or irrevocable letter of trust on file with the NCICLB, and that it remains valid throughout the span of licensure. • Upon cancellation of a surety bond, the NCICLB office will issue a 30-day notice before suspending a license and scheduling a hearing on the matter.
Visit www.nciclb.org for step-by-step online renewal instructions.
For further information, contact:
Margaret M. Geiger, Board Administrator North Carolina Irrigation Contractors’ Licensing Board nciclbadmin@nciclb.org (919) 872-2229
Highlighted rule of the quarter:
21 NCAC 23 .0504 SYSTEM LAYOUT
(a) An irrigation contractor shall install the irrigation system’s components according to the design specifications and manufacturer’s performance standards.
(b) Microirrigation devices shall be installed at a spacing to meet the maximum irrigation requirements of the plants being irrigated. The flow rate of the microirrigation devices, soil types and plant types must all be considered in selecting the spacing of the microirrigation devices.
(c) Sprinklers shall be installed such that the spacing between sprinklers results in approximate “head-to-head” coverage, but in no event shall the spacing exceed the radius listed in the manufacturer’s specifications. An irrigation contractor shall determine the radius by referring to the manufacturer’s specifications for a sprinkler at a specific operating pressure. (d) Irrigation systems shall be installed such that they do not spray water onto or over surfaces made of concrete, asphalt, brick, wood or any other continuous impervious material, such as walls, fences, sidewalks and streets. The irrigation system as installed may spray water onto such surfaces due to irregularly shaped hardscapes, wind drift or fixed spray patterns of sprinklers.
(e) Under sloping conditions, an irrigation system shall be installed with check valves to hold water in the piping system.
History Note: Authority G.S. 89G-5; Eff. July 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2014; Amended Eff. November 1, 2016.
3733 Benson Drive Raleigh, NC 27609 (919) 872-2229 nciclbadmin@nciclb.org www.nciclb.org
CHAIRMAN
W. Charles Nieman Grounds Guys of North Eastern North Carolina Jarvisburg cnieman@nciclb.org
BOARD MEMBERS
Charles A. Allen IV Grounds Pros OBX Fayetteville callen@nciclb.org
Daniel Baker Sanford Turf and Irrigation, Inc. Sanford dbaker@nciclb.org
Kurt H. Bland Bland Landscaping Co., Inc Apex kbland@nciclb.org
Steve D. Hill New Leaf Associates, Inc. Raleigh shill@nciclb.org
Charles William Hughes III Charles W Hughes Construction, LLC LaGrange chughes@nciclb.org
Tracy McDonald Cardinal Landscaping, Inc. Cary Phone: (919) 319-8790 tmcdonald@ncicb.org
Chad Poole Department of Biological and Agricultural Engineering Raleigh capoole2@ncsu.edu
LEGAL COUNSEL
Alexander Ward North Carolina Department of Justice P.O. Box 629 Raleigh, NC 27602 (919) 716-6839 award@ncdoj.gov
