Bill Summary for H 880 (2013-2014)

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Summary date: 

Apr 16 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 880 (Public) Filed Thursday, April 11, 2013
Intro. by R. Brawley.

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Bill summary

Article 8. Enacts new Article 8, Roofing Contractors, in GS Chapter 75. Provides that the Article is to be in addition to, not in lieu of, a required licensure. Requires registration under Article 1B (Roofing Contractors, also created in the act) of GS Chapter 87 before acting as a roofing contractor or bringing suit related to the person's business or capacity as roofing contractor. Makes it a Class 2 misdemeanor, subject to a fine of up to $500, to act as a roofing contractor without being registered, or while the registration is revoked or suspended, or to violate any provision of GS Chapter 87, Article 1B. Makes it Class 2 misdemeanor to register, or attempt to do so, under another person's name while the contractor's registration is suspended or revoked.

Prohibits roofing contractors from performing specified acts, including providing anything of value in exchange for allowing the contractor to display advertisement on the consumer's premises. Requires written contracts for roofing repairs and specifies items to be included in those contracts, including a specific notice of cancellation. Allows a consumer who has entered into a written contract with a roofing contractor for goods or services to be paid from the proceeds of a property and casualty insurance policy to cancel the contract prior to midnight of the third business day after the consumer receives notice that all or part of the claim or contract is not covered under the insurance policy. Provides further requirements for such a cancelation.

Provides that every registration applicant who is a nonresident appoints the Secretary of State and their agent for service of process. Makes an exception for registered foreign corporations and partnerships that have a current registered agent and registered address on file. Specifies further requirements for service of process.

Requires a roofing contractor to supply the permit issuing official with their registration certificate number when applying for a permit for engaging in roofing related work. Also provides for noting subcontractor registration numbers on permits and displaying contractor numbers. Requires verification of a roofing contractor registration number, upon request, to city, county, and state enforcement officials, and to the public. Requires the registrar to establish a verification system for confirming roofing contractor registration certificates and registration status. Specifies items to be included in the system.

Creates the NC Roofing Contractor Registration Revolving Fund consisting of monies collected under the registration act. Allows fund monies to be expended by the NC Licensing Board for General Contractors for implementation and administration of the registration act. Makes violation of the Article an unfair and deceptive trade practice.

Effective October 1, 2013.

Article 1B. Enacts new Article 1B (Roofing Contractors) in GS Chapter 87. Authorizes the State Licensing Board for General Contractors (Board) to administer and enforce the article. Specifies the Board's powers and duties. Specifies individuals and entities that are exempt from the Article. Sets out requirements for registration as a roofing contractor, including paying required fees and maintaining a certificate of liability insurance. Requires issuing registration when an applicant meets all of the requirements. Requires registration to be renewed on or before June 30 of each year. Specifies further requirements for registration renewal and for renewal of a revoked registration. Requires a registration not renewed by August 30 to be suspended for failure to renew, and one not renewed by January 1 to be revoked. Specifies fees. Requires notification in changes to contractor's name, address, legal service agent, or cease of business.

Entitles registration holders to engage in the roofing business, subject to specified limitations, including having a valid registration number and being in good standing at the time of soliciting a project and during subsequent job performance and prohibiting a registration from being shared or used by another.

Requires the Board to maintain an indexed record of roofing contractor registrations and information maintained on individual roofing contractors. Allows for disposal of inactive files after three years. Provides for furnishing copies of information. Allows the Board to deny, restrict, suspend, or revoke a registration or refuse to issue or renew a registration in specified circumstances, including if the registrant or applicant commits an act of gross malpractice or incompetence, has been declared incompetent, or has failed to pay taxes. Allows the applicant to appeal the Board's decision. Requires the Board to read each complaint and to make a notation in the roofing contractor's recording showing the date the complaint was received and the nature of the complaint. Requires the Board to notify the contractor of the complaint. Matters must be referred to the Attorney General's Consumer Protection Division. Provides for punishment based on the outcome of the complaint referral.

Requires applicants for registration to consent to a criminal history record check and specifies further requirements related to the record check and reviewing any convictions. Provides that convictions are not an automatic bar to registration and provides factors to be considered.