NCICLB March 2011 Newsletter

The Board has designed and printed 8x11 and 16x20 " It's the Law" posters. These are available for you to display in your place of business and distribute to local departmental offices of inspection and permitting offices and other locations where you think they are appropriate. To obtain copies call the Board office at 919-872-2229 or e-mail [email protected].

IMPORTANT REMINDERS

- Don't wait until the last minute to
   complete your continuing education.
   You must complete 10
   credit hours before 12/31/11.
   (2 min/4 max business hours,
   balance irrigation hours).

- Always update the Board with
    changes in contact information and
company name.
- Contact the Board with changes
   to the corporate qualifier or
   company status.

The $2,500.00 Contraction Exemption

The NC Irrigation Licensing Law allows an exemption for "irrigation construction or contracting work where the price of all contracts for labor, material, and other items for a given jobsite is less than two thousand five hundred dollars ($2,500)."

This $2,500.00 maximum cost includes all work associated with the irrigation system, including water sources and pumps, backflow prevention, sleeves, electrical connections, etc., no matter who installed what portion. The law refers to the jobsite, so any items related to irrigation on that jobsite is included in the $2,500.

This limit is for the life of the project. For instance, if a small residential system costs $2,495.00, there can be no further irrigation contracting or service work performed on that project, ever.

So if you see unlawful, unlicensed irrigation contracting underway, and the contracting party claims the $2,500 exemption, notify the Board; we'll make inquiries and take the necessary actions.

MESSAGE FROM THE CHAIRMAN

On January 1, 2011 the North Carolina Irrigation Contractors' Licensing Board began its third year of existence. From the first Board meeting, held on December 3, 2008, the Board has been guided by several objectives:

1) Administer and enforce NCGS89G.

2) Work to ensure that landscape and turf irrigation systems are installed by licensed contractors.

3) Serve the licensed North Carolina contractors, while at the same time serving the public.

4) Promote the installation of water and energy conserving landscape and turf irrigation systems through adherence to Minimum Standards and Best Management Practices.

Elsewhere in this newsletter, you will see some of the work being done to support these objectives. In April, 2010, the Board contracted 25 licensed contractors to investigate complaints in assisting the Board with enforcement of the General Statute. The Minimum Standards and other items covered in NCGS89G are in the process of being converted to Board Rules. The number of candidates taking the Board exam is increasing. More people are aware of the Licensing Law because the Board is hearing from the general public, permitting and inspection departments, contractors, educators and other Licensing Boards.

The Board has a contract with a website developer to improve the website, to make it more interactive and to allow contractors to perform more functions electronically. The number of Continuing Education classes is increasing. To address a question that has been raised, the annual CEU requirement is ten (10) hours each year of which two (2) and not more than four (4) hours of business are required and the other six (6) to eight (8) hours must be landscape and turf irrigation related. All Continuing Education must be approved. Refer to the website to see approved Continuing Education classes and the categories of Continuing Education.

The Board and administrative staff are committed to carrying out the above stated objectives.

Ronald Sneed, Chair

Website Update

Most of us use the internet daily to help run our businesses. The NCICLB is working with the Raleigh company Vitalink to make our website a better tool and to streamline the way licensees provide and receive information. We expect the new website to be up and running within the next month or so. We hope you find it more useful and easier to navigate.

We will continue to work with Viatalink to offer more on-line features to licensees and the public. The Board and the administrators want to help you manage your license in the most efficient way possible. We want to reduce the amount of time it takes you to deal with the necessity of maintaining your license.

In the future, we hope to offer on-line license renewal and CEU management. We are hoping to be able to accept on-line payments. CEU's are already listed on-line. We are exploring ways to simplify the search for CE activities. Future plans include the possibility of on-line registration links from the NCICLB website. These updates will streamline the administrative processes necessary to keep your license current and active.

Enforcement needs to be handled in the fastest way possible. The quicker complaints can be made and investigated, the quicker action can be taken when it is warranted. We hope to provide a convenient way for you to search for licensees. Part of the enforcement process is receiving complaints, many times from other contractors. Making it easy for you to check on proper licensing will make it easier for you to report unlicensed practice.

There will be other interesting and helpful aspects to the new website and we look forward to providing the best management possible for your license. We look forward to your comments and input to help us make this on-line service as intuitive and responsive as possible.

Continuing Education Committee Report

The CEU Committee is made up of Lindsey Griffin, David Williams and Michael Currin Chairman. The committee's role is to review all submitted classes for CEU credit to insure that they are relevant to the design, installation, maintenance and operation of turf and landscape irrigation systems.

The classes do not always have to be centered on irrigation. Classes associated with the physiology of plants and the attributes of soil and water would be a related subject and important to the requisite knowledge of irrigation contractors. Classes associated with business management, finance, marketing and sales would be relevant to meet the two hours minimum and four hours maximum business credits out of the ten CEU's required for license renewal each year.

As the irrigation contracting law is focused on turf and landscape irrigation, classes associated with agricultural or golf related irrigation do not qualify for credit.

The Board is working hard to clarify and enhance the guidelines pertaining to CEU credit. It plans to post these enhancements on the website soon. Please make sure that all classes being submitted have the times, dates and places that the course will be taught so that contractors can find it on the website.

Of special interest to owners and managers may be teaching an in-house irrigation-training course. Irrigation industry manufacturers, distributors, dealers or a licensed irrigation contractor normally conduct these courses for their individual company. The course outline must be submitted and approved by the CEU committee. One hour of credit is given for each hour of instruction. This is a great way to offer further training to your employees while gaining your required credits.

We would like to thank the many suppliers and distributors for the classes they have offered across the state to help irrigation contractors meet their CEU requirements. We also very much appreciate the work being done by college and university personnel as well as extension agents who have designed and taught courses leading to CEU credit. We would be remiss if we did not also recognize the great work provided by our industry associations such as CIA, NCNLA and TCNC who have provided educational opportunities at annual meetings and events. We look forward to working together to continue to improve offerings across the state. We realize that classes must remain relevant and readily available as well as affordable for our licensees. Thank you for all you do to help us meet this goal.

NCICLB Rules Process

The Board was informed in late summer 2010 that policies, including fees, minimum standards, continuing education unit guidelines, and so on, must be formatted and formally adopted by the State as rules. The Board submitted proposed rules to the Office of Administrative Hearings in early December and a public comment period was opened in January. A public hearing was held at the February 9, 2011 Board meeting, where the Board heard comments by the public. After the public hearing and subsequent comment period, the Board considered all comments and revised some of the rules and wordings per the comments. The Board shall review all of the rules one last time at its April 13, 2011 meeting. The approved rules shall be sent to the Rules Review Commission for review. If approved by the Rules Review Commission the rules then go to the General Assembly for possible objections. We will keep you informed as this process moves forward with the Rules Committee.

Your Role in Policing the Profession

There are two types of professional licensing laws, Title Acts and Practice Acts. Title acts regulate the use of a term or title. For instance, The North Carolina Landscape Contractors' Licensing law is a title act. Unlicensed individuals may not call themselves landscape contractors. However, they may perform the work of a landscape contractor. A practice act regulates the use of the title as well as the practice of that profession. This is the strongest form of regulation to ensure protection of the public health, safety, and welfare. The North Carolina Irrigation Contractor's License Act (89G) is a practice act; that is to say, a person or firm cannot call themself an irrigation contractor or perform irrigation contracting services without a license.

All licensing laws have one primary purpose, to protect the health, safety, and welfare of the public. To this end, policing a licensed profession is a very serious matter and of great importance in protecting the public's interests against sub-standard services and practices while at the same time protecting and conserving our greatest of natural resources, water.

It is every licensee's duty to report unlicensed and or sub-standard irrigation work. It is primarily through the diligent efforts of licensees that these unlicensed and sub-standard irrigation installers and service companies can be brought to the attention of the Board, at which time the Board begins an investigative process that will lead to resolve the issue (see article).

If you see unlicensed or sub-standard irrigation work being performed or offered, it is your duty as a licensee to report the matter. The Board requires that complaints be made in writing. This can be done electronically or through a written form, both available at www.nciclb.org under the Enforcement tab. The Board will not disclose the name of a person making a complaint except as required by law.

Be sure to review the list of revoked licenses.

Legal Summary

As of January 1, 2010 through March 28, 2011

Number of complaints filed: 152

Number of investigations: 125

Number of Cease and Desist Letters Sent: 132

Cases currently in legal process: 4

Notice of Violation issued not delivered: 4

Notice of Violation issued: 2

Settlements Approved and Pending: 1

Number of cases pending action by the Board attorney: 4

Number of cases resulting in agreements: 8

COMPLETED SETTLEMENTS

CASE #U10-043

Tony Ferguson - Soggy Bottom Irrigaton & Trenching

Kernersville, NC

VIOLATION: Mr. Ferguson and his company installed a landscape irrigation system in NC without being licensed by the NCICLB in violation of GS89G.

BOARD ACTION: Mr. Ferguson agrees not to contract or provide irrigation system services in NC without a license. Mr. Ferguson Paid $500 in lieu of civil penalty.

CASE #U10-066
Edgar M. Biggers - Lakeside Lawn Care, Inc.
Cornelius, NC
VIOLATION: Mr. Biggers and his company installed a landscape irrigation system in NC without being licensed by the NCICLB in violation of GS89G.
BOARD ACTION: Entered into an agreement in which Mr. Biggers agrees not to contract or provide irrigation system services in NC without a license. Mr. Biggers agreed to pay $500 in lieu of civil penalty. The Board agreed to forgo collecting $500 if Mr. Biggers applied for licensing before October 1, 2010. Mr. Biggers completed application before the deadline.

Revoked Licenses

Licenses are revoked under the following circumstances: failure to renew a license, failure to secure or renew the required bond, or failure to meet yearly continuing education requirements. The following individuals and business have had their licenses revoked as of the publication date of this newsletter and can no longer practice irrigation contracting in the State of North Carolina. If you witness any of these individuals or businesses practicing without a license, it is your duty to notify the Board.

INDIVIDUALS

Michael W. Askew - Kitty Hawk George D. Mainor - Wallace

Clayton Barnes - Clayton David Wayne Martin - Charlotte

Russell W. Blanton - Charlotte Richard Harrison Mason - Belmont

Tino C. Bleimann - Charlotte Travis Wiley Mayo - Whitakers

Michael Wayne Boyd - Wilmington Darryle Lamont Miles - Winston-Salem

William Odie Bradley- Greenville Malcolm Key Mobley - Morganton

Ryan Y. Bradshaw - Kure Beach Steven Pat Mott - Wilmington

James G. Capps - Hampstead Ted Baker Mullen - Bunn

Donavaughn R. Carlisle - Carthage James Musser - Wilmington

G. Baine Carruthers - Gastonia James Morris Newlin - Greensboro

James Oakes Carter - Burlington Kenneth Martin Nye- Waxhaw

William Robert Collins - Lillington Terry B. Padgett - Warsaw

Tammy Lue DeRousse - Raleigh Jason Daniel Parker - Newport

Fredric J. Dionne - Mocksville Jimmy Perry - Indian Trail

Gary Wayne Dull - Mocksville Matthew D. Peters - Crumpler

Thomas G. Ellingson - Winterville Seth Lee Philllips - Shelby

Mitchell Lee Eudy - Monroe Ryan S. Pope - Harrisburg

Ricky W. Farmer - Winterville Walter Webster Ramsey - Raleigh

Miles W. Gabriel - Kitty Hawk Harold Eugene Renegar - Yadkinville

Dewey Charles Gamble - Raleigh Jeffrey A. Roberts - Pineville

David Wyatt Gay - Wendell Richard H. Ross - Midland

Michael E. Gress - Raleigh James Allen Russell - Albemarle

Robert W. Haroth - Raleigh Matthew C. Sandberg - Matthews

Lee T. Harvey - Richlands John Robert Shaw - Gaston

Ronald Monroe Hendrix - Spindale Brian Lee Shook - Newton

David Marshall Henry - Chapel Hill Greg D. Shurburtt -Spartanburg, SC

Jason Wayne Hicks - Wilmington Gregory Kent Sizemore - Yadkinville

Robert W. Holden - Newland J. Mark Smith - Newell

Gayle Cleveland Huntley - Asheville Richard Mar Story - Lenoir

Leonard Jacklett - Alpharetta, GA Doyle Allison Stout - Charlotte

William N. Jeffers - Gastonia Andrew Armstrong Tait - Wilmington

Russell Scott Kee - Ayden Craig Michael Taylor - Raleigh

John David Kelly - Flat Rock William Bright Terry - Asheboro

Darrell Craig Kiser - Newton Michael Randolph Thomas - Rockingham

Jeffrey Scott LaPointe - Waxhaw Matthew Adam Thompson - Wilmington

William Larmore - Winston-Salem Greg David Thompson - Highlands

Bruce D. Lewis - Rocky Mount Christopher Mark Trotter - Charlotte

William L. Long - Newton Danny M. Williamson - Indian Trail

Timothy Wayne Long - Rockingham Chad Eugene Wilson - Stanfield
Jeremy Scott Lowder -Jackson Springs Stephen C. Wilson - Columbus

Thomas Earl Maddry - Durham Phillip Randall Wood - Ivanhoe

J. Thomas Wright - Charlotte

CORPORATES

All Seasons Landscape Management, LLC - Indian Trail

Armstrong Landscapes, LLC - Wilmington

ArtisticScapes, Inc - Clayton

Bill Bradley Plumbing, Inc - Greenville

Billy Creech Plumbing - Princeton

Carefree Carolina Landscaping - Raleigh

Carolina Custom Lawn & Landscape, Inc - Rock Hill, SC

Clearsprings Landscaping, LLC - Shelby

Coastal Landesign, Inc - Kure Beach

Dominion Landscaping, Inc - Raleigh

Doughty Landscape Construction, LLC - Pittsboro

Environmental Design Landscape, Inc - Newell

First Impressions Landscaping - Wilmington

Glover & Kelly Landscape & Garden Center, Inc - Flat Rock

Golden Leaf Gardens & Lawns, Inc - Monroe

Grasshopper Lawn & Landscaping, Inc - Waxhaw

Gress's Landscaping, Inc - Raleigh

H & R Landscaping, Inc - Spindale

Huntley Construction Company - Asheville

Irrigation & Specialist, Inc. - Lake Wylie

Jacklett Construction, Inc - Alpharetta, GA

Long's Lawn & Landscaping, Inc - Rockingham

Madison Landscape & Design Group, Inc - Charlotte

Mainor Tile and Irrigaiton, Inc - Wallace

Martin Landscaping Co., Inc - Charlotte

Mason Landscaping, LLC - Gastonia

Mountain Advantage, LLC - Crumpler

Mr. Landscape Design - Bunn

Premier Landscaping - Charlotte

Premier Plumbing & Repair, LLC - Jackson Springs

R. Story Development, Inc - Lenoir

Rainmaker, Inc - Raleigh

Red Oak Limited, Inc - Mocksville

Salt Air Landscapes, Inc - Wilmington

Shurburtt Group - Spartanburg, SC

Southeastern Landscape Services, LLC - Rockingham

Taylor Well Systems - Chocowinity

The Earthscape Company, Inc - Harrisburg

Thompson Landscape Company - Highlands

Vistascape, LLC - Indian Trail

Wilson's Wilderness Landscaping, Inc - Locust