GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 840
The General Assembly of North Carolina enacts:
Section 1. G.S. 87-1 reads as rewritten:
"§ 87-1. 'General contractor' defined; exceptions.
For the purpose of this Article any person or firm or
corporation who for a fixed price, commission, fee, or wage, undertakes to bid
upon or to construct or who undertakes to superintend or manage, on his own
behalf or for any person, firm, or corporation that is not licensed as a
general contractor pursuant to this Article, the construction of any building,
highway, public utilities, grading or any improvement or structure where the
cost of the undertaking is forty-five thirty thousand dollars ($45,000)
($30,000) or more, or undertakes to erect a North Carolina labeled
manufactured modular building meeting the North Carolina State Building Code,
shall be deemed to be a 'general contractor' engaged in the business of general
contracting in the State of North Carolina.
This section shall not apply to persons or firms or corporations furnishing or erecting industrial equipment, power plan equipment, radial brick chimneys, and monuments.
This section shall not apply to any person or firm or
corporation who constructs or alters a building on land owned by that
person, firm or corporation when provided such building is
intended for use by that person, firm, or corporation after completion. solely
for occupancy by that person and his family, firm, or corporation after
completion; and provided further that, if such building is not occupied solely
by such person and his family, firm, or corporation for at least 12 months
following completion, it shall be presumed that the person, firm, or
corporation did not intend such building solely for occupancy by that person
and his family, firm, or corporation.
This section shall not apply to any person engaged in the business of farming who constructs or alters a building on land owned by that person and used in the business of farming, when such building is intended for use by that person after completion."
Sec. 2. G.S. 87-14 reads as rewritten:
"§ 87-14. Regulations as to issue of building permits.
Any person, firm or corporation, upon making application to
the building inspector or such other authority of any incorporated city, town
or county in North Carolina charged with the duty of issuing building or other
permits for the construction of any building, highway, sewer, grading or any
improvement or structure where the cost thereof is to be forty-five thirty
thousand dollars ($45,000) ($30,000) or more, shall, before
he be entitled to the issuance of such permit, furnish satisfactory proof to
such inspector or authority that he or another person contracting to
superintend or manage the construction is duly licensed under the terms of this
Article to carry out or superintend the same, and that he has paid the license
tax required by the Revenue Act of the State of North Carolina then in force so
as to be qualified to bid upon or contract for the work for which the permit
has been applied; applied, and that he has in effect Workers'
Compensation insurance as required by Chapter 97 of the General Statutes; and
it shall be unlawful for such building inspector or other authority to issue or
allow the issuance of such building permit unless and until the applicant has
furnished evidence that he is either exempt from the provisions of this Article
or is duly licensed under this Article to carry out or superintend the work for
which permit has been applied; and further, that the applicant has paid the
license tax required by the State Revenue Act then in force so as to be
qualified to bid upon or contract for the work covered by the permit; and
further, that the applicant has in effect Workers' Compensation insurance as
required by Chapter 97 of the General Statutes. and such Any building
inspector, or other such authority, violating inspector or other such
authority who is subject to and violates the terms of this section shall be
guilty of a misdemeanor and subject to a fine of not more than fifty dollars
($50.00)."
Sec. 3. This act is effective upon ratification and applies to bids made, projects undertaken, or permits applied for on or after that date, except that any person, firm, or corporation that, upon the effective date of this act, owns land on which the person, firm, or corporation intends to construct multifamily residential dwelling units not intended for occupancy by the person, firm, or corporation after completion shall have one year from the effective date to obtain a building permit and begin construction of the units.
In the General Assembly read three times and ratified this the 6th day of July, 1992.
James C. Gardner
President of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives