VOLUME 32 ISSUE 03 Pages 99 149

NORTH CAROLINA

VOLUME 32 ● ISSUE 03 ● Pages 99 – 149

August 1, 2017

I. IN ADDITION

Environmental Management Commission – Public Notice...... 99

Building Code Council – Notice of Rule Making Proceedings and

Public Hearing...... 100 – 109

II. PROPOSED RULES

Public Safety, Department of

Private Protective Services Board...... 110 – 113

Alarm Systems Licensing Board...... 113 – 114

Transportation, Department of

Department...... 114 – 117

III. APPROVED RULES...... 118 – 133

Health and Human Services, Department of

Department

Medical Care Commission

Mental Health, Commission for

Insurance, Department of

Insurance, Commissioner of

Manufactured Housing Board

Justice, Department of

Criminal Justice Education and Training Standards Commission

Environmental Quality, Department of

Coastal Resources Commission

Environmental Management Commission

Secretary of State, Department of

Department

Transportation, Department of

Department

Occupational Licensing Boards and Commissions

Medical Board

Real Estate Commission

IV. RULES REVIEW COMMISSION...... 134 – 145

V. CONTESTED CASE DECISIONS

Index to ALJ Decisions...... 146 – 149

PUBLISHED BY

The Office of Administrative Hearings

Rules DivisionJulian Mann III, Director

6714 Mail Service CenterMolly Masich, Codifier of Rules

Raleigh, NC 27699-6714Dana Vojtko, Publications Coordinator

Telephone (919) 431-3000Lindsay Woy, Editorial Assistant

Fax (919) 431-3104

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.

Office of Administrative Hearings

Rules Division

1711 New Hope Church Road(919) 431-3000

Raleigh, North Carolina27609(919) 431-3104 FAX

contact: Molly Masich, Codifier of (919) 431-3071

Dana Vojtko, Publications Coordinator (919) 431-3075

Lindsay Woy, Editorial (919) 431-3078

Rule Review and Legal Issues

Rules Review Commission

1711 New Hope Church Road(919) 431-3000

Raleigh, North Carolina27609(919) 431-3104 FAX

contact:Abigail Hammond, Commission (919) 431-3076

Amber Cronk May, Commission (919) 431-3074

Amanda Reeder, Commission (919) 431-3079

Jason Thomas, Commission (919) 431-3081

Alexander Burgos, (919) 431-3080

Julie Brincefield, Administrative Assistant (919) 431-3073

Fiscal Notes & Economic Analysis and Governor's Review

Office of State Budget and Management

116 West Jones Street(919) 807-4700

Raleigh, North Carolina27603-8005(919) 733-0640 FAX

Contact: Anca Grozav, Economic (919) 807-4740

Carrie Hollis, Economic (919) 807-4757

NC Association of CountyCommissioners

215 North Dawson Street(919) 715-2893

Raleigh, North Carolina27603

contact: Amy

NC League of Municipalities(919) 715-4000

215 North Dawson Street

Raleigh, North Carolina27603

contact: Sarah

Legislative Process Concerning Rule-making

545 Legislative Office Building

300 North Salisbury Street(919) 733-2578

Raleigh, North Carolina27611(919) 715-5460 FAX

Karen Cochrane-Brown, Director/Legislative Analysis

Jeff Hudson, Staff

NORTH CAROLINA REGISTER

Publication Schedule for January 2017 – December 2017

FILING DEADLINES / NOTICE OF TEXT / PERMANENT RULE / TEMPORARY RULES
Volume & issue number / Issue date / Last day for filing / Earliest date for public hearing / End of required comment
Period / Deadline to submit to RRC
for review at
next meeting / Earliest Eff.
Date of
Permanent Rule / Delayed Eff. Date of
Permanent Rule
31st legislative day of the session beginning: / 270th day from publication in the Register
31:13 / 01/03/17 / 12/07/16 / 01/18/17 / 03/06/17 / 03/20/17 / 05/01/17 / 05/2018 / 09/30/17
31:14 / 01/17/17 / 12/20/16 / 02/01/17 / 03/20/17 / 04/20/17 / 06/01/17 / 05/2018 / 10/14/17
31:15 / 02/01/17 / 01/10/17 / 02/16/17 / 04/03/17 / 04/20/17 / 06/01/17 / 05/2018 / 10/29/17
31:16 / 02/15/17 / 01/25/17 / 03/02/17 / 04/17/17 / 04/20/17 / 06/01/17 / 05/2018 / 11/12/17
31:17 / 03/01/17 / 02/08/17 / 03/16/17 / 05/01/17 / 05/22/17 / 07/01/17 / 05/2018 / 11/26/17
31:18 / 03/15/17 / 02/22/17 / 03/30/17 / 05/15/17 / 05/22/17 / 07/01/17 / 05/2018 / 12/10/17
31:19 / 04/03/17 / 03/13/17 / 04/18/17 / 06/02/17 / 06/20/17 / 08/01/17 / 05/2018 / 12/29/17
31:20 / 04/17/17 / 03/24/17 / 05/02/17 / 06/16/17 / 06/20/17 / 08/01/17 / 05/2018 / 01/12/18
31:21 / 05/01/17 / 04/07/17 / 05/16/17 / 06/30/17 / 07/20/17 / 09/01/17 / 05/2018 / 01/26/18
31:22 / 05/15/17 / 04/24/17 / 05/30/17 / 07/14/17 / 07/20/17 / 09/01/17 / 05/2018 / 02/09/18
31:23 / 06/01/17 / 05/10/17 / 06/16/17 / 07/31/17 / 08/21/17 / 10/01/17 / 05/2018 / 02/26/18
31:24 / 06/15/17 / 05/24/17 / 06/30/17 / 08/14/17 / 08/21/17 / 10/01/17 / 05/2018 / 03/12/18
32:01 / 07/03/17 / 06/12/17 / 07/18/17 / 09/01/17 / 09/20/17 / 11/01/17 / 05/2018 / 03/30/18
32:02 / 07/17/17 / 06/23/17 / 08/01/17 / 09/15/17 / 09/20/17 / 11/01/17 / 05/2018 / 04/13/18
32:03 / 08/01/17 / 07/11/17 / 08/16/17 / 10/02/17 / 10/20/17 / 12/01/17 / 05/2018 / 04/28/18
32:04 / 08/15/17 / 07/25/17 / 08/30/17 / 10/16/17 / 10/20/17 / 12/01/17 / 05/2018 / 05/12/18
32:05 / 09/01/17 / 08/11/17 / 09/16/17 / 10/31/17 / 11/20/17 / 01/01/18 / 05/2018 / 05/29/18
32:06 / 09/15/17 / 08/24/17 / 09/30/17 / 11/14/17 / 11/20/17 / 01/01/18 / 05/2018 / 06/12/18
32:07 / 10/02/17 / 09/11/17 / 10/17/17 / 12/01/17 / 12/20/17 / 02/01/18 / 05/2018 / 06/29/18
32:08 / 10/16/17 / 09/25/17 / 10/31/17 / 12/15/17 / 12/20/17 / 02/01/18 / 05/2018 / 07/13/18
32:09 / 11/01/17 / 10/11/17 / 11/16/17 / 01/02/18 / 01/22/18 / 03/01/18 / 05/2018 / 07/29/18
32:10 / 11/15/17 / 10/24/17 / 11/30/17 / 01/16/18 / 01/22/18 / 03/01/18 / 05/2018 / 08/12/18
32:11 / 12/01/17 / 11/07/17 / 12/16/17 / 01/30/18 / 02/20/18 / 04/01/18 / 05/2018 / 08/28/18
32:12 / 12/15/17 / 11/22/17 / 12/30/17 / 02/13/18 / 02/20/18 / 04/01/18 / 05/2018 / 09/11/18

This document is prepared by the Office of Administrative Hearings as a public service and is not to be deemed binding or controlling.

EXPLANATION OF THE PUBLICATION SCHEDULE

This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.

GENERAL

The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:

(1)temporary rules;

(2)text of proposed rules;

(3)text of permanent rules approved by the Rules Review Commission;

(4)emergency rules

(5)Executive Orders of the Governor;

(6)final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; and

(7)other information the Codifier of Rules determines to be helpful to the public.

COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday.

FILING DEADLINES

ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees.

LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees.

NOTICE OF TEXT

EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published.

END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.

DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.

FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date.

IN ADDITION

32:03NORTH CAROLINA REGISTERAugust 1, 2017

IN ADDITION

PUBLICNOTICE

STATE OF NORTHCAROLINA

ENVIRONMENTAL MANAGEMENTCOMMISSION

TheDivisionof Energy,MineralandLandResources(DEMLR)invitespublic commenton,orobjectionsto,thepermittingactionslistedbelow. Personswishingtocommentorobjectmaysubmitwrittencomments to the address below by the due dates indicated. All comments received prior to the dates willbe considered in the final determinations regarding permit issuance. Public comments may result inchanges to the proposed permitting actions. All comments should reference the specific permitting actionslisted below and the permit number. DEMLR intends to re-issue the following NPDES industrialGeneral Permits. Please note that for some permits below multiple actions are proposed for the samepermit over two separate commentperiods.

NCG240000 for Compost Facilities: to be revised and re-issued with proposed re-issuance date–

09/30/2017; public comment period ends9/15/2017.

The General Permits and Fact Sheets may be viewed 45 days in advance of the scheduledre-issuance dates noted aboveat:

Please direct comments or objectionsto: Stormwater Program

NC Division of Energy, Mineral and LandResources

512 N. Salisbury St.

1612 Mail ServiceCenter

Raleigh, NC27699-1612

Telephone Number: (919)807-6369

32:03NORTH CAROLINA REGISTERAugust 1, 2017

IN ADDITION

NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING

NORTH CAROLINA BUILDING CODE COUNCIL

Notice of Rule-making Proceedings is hereby given by NC Building Code Council in accordance with G.S. 150B-21.5(d).

Citation to Existing Rule Affected by this Rule-Making: North Carolina Administrative, Building, Electrical, Energy Conservation, Existing Building, Plumbing, and Residential Code amendments.

Authority for Rule-making: G.S. 143-136; 143-138.

Reason for Proposed Action: To incorporate changes in the NC State Building Codes as a result of rulemaking petitions filed with the NC Building Code Council and to incorporate changes proposed by the Council.

Public Hearing: Tuesday,September 12, 2017, 9:00AM, Albemarle Building, 325 North Salisbury Street, Raleigh, NC 27603, 2nd Floor Training Room 245. Comments on both the proposed rule and any fiscal impact will be accepted.

Comment Procedures: Written comments may be sent to Barry Gupton, Secretary, NC Building Code Council, NC Department of Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202. Comments on both the proposed rule and any fiscal impact will be accepted. Comment period expires on October 16, 2017.

Statement of Subject Matter:

1. Request by the NC Building Code Council, Electrical Committee, to adopt the 2017 North Carolina Electrical Code. The Base Document for the 2017 NC Electrical Code is the 2017National Electrical Code.

The 2017 NC Committee amendments are posted at the link below and are replacements to the Articles printed in the Base Documents.

The 2017 National Electrical Code is available at the link below for purchase or for public access.

Motion/Second/Approved – The request was granted.The proposed effective date of this rule is April 1, 2018.

Reason Given –This purpose of this adoption is to update the NC Electrical Code to the 2017 NEC.

Fiscal Statement – This rule is anticipated to have a substantial economic impact. A fiscal note has been approved and posted at the link below.

2. Request by Daniel Priest, NC Building Code Council and Appendix B Ad-Hoc Committee Chair to amend the 2012/2018 NC Administrative Code and Policies, Section 204.3.4 as follows:

204.3.4 Information Required. A permit application shall be filed with the Inspection Department on a form furnished for that purpose. The Inspection Department shall make available a list of information which must be submitted with the building permit application, including a complete building code summary (see Appendix B) and a permit application information sheet (see Appendix A). The Inspection Department’s building code summary shall be in the exact format as, and contain only the information in, Appendix B of the Administrative Code and Policies. The Inspection Department shall only modify its building code summary as set forth in section 103.5 Modifications, or as necessary to reflect any changes by the Building Code Council to Appendix B of the Administrative Code and Policies.

The 2018 Appendix B - Building Code Summary is available at the link below for public access.