Formal Notice of Law
April 15, 2009
Landscape Irrigation Contracting is now regulated in the State of North Carolina under House Bill 89G. The purpose of this licensure act is to protect the public health, safety and welfare and to promote the efficient use of water. The North Carolina Irrigation Contractors’ Licensing Board (NCICLB) oversees the licensing of Landscape Irrigation Contractors in North Carolina. According to this licensure law, 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 landscape 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 North Carolina Irrigation Contractors’ Licensing Board.
The new licensure law comes into full effect on June 30, 2009. After this date, persons installing landscape irrigation in North Carolina must be licensed to do so.
This notice is being sent to consultants, regulators, water purveyors, suppliers, trade associations, plan rooms, and contractors that may in some way be involved directly or indirectly with the practice of irrigation contracting. It will be unlawful after 30 June 2009 for unlicensed individuals and companies to install landscape irrigation in North Carolina unless those persons are exempt from this law (exemptions are listed below).
Consultants are encouraged to note this requirement in contract documents. Regulators and purveyors are encouraged to require proof of licensure prior to the issuance of permits involving irrigation. Please refer to HB89G or contact the Board for additional details. The bill may be reviewed on the NCICLB’s website (www.nciclb.org).
Exemptions:
• Any federal or State agency or any political subdivision performing irrigation construction or contracting work on public property.
• Any property owner who performs irrigation construction or contracting work on his or her own property.
• A landscape architect registered under Chapter 89A of the General Statutes.
• A professional engineer licensed under Chapter 89C of the General Statutes.
• Any 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).
• Any person performing irrigation construction or contracting work for temporary irrigation to establish vegetative cover for erosion control.
• Any person performing irrigation construction or contracting work to control dust on commercial construction sites or mining operations.
• Any person performing irrigation construction or contracting work for use in agricultural production, farming, or ranching, including land application of animal wastewater.
• Any person performing irrigation construction or contracting work for use in commercial sod production.
• Any person performing irrigation construction or contracting work for use in the commercial production of horticultural crops, including nursery and greenhouse operators.
• A general contractor licensed under Article 1 of Chapter 87 of the General Statutes.
• A wastewater contractor certified under Article 5 of Chapter 90A of the General Statutes who performs only the construction of or repair to a wastewater dispersal system.
• A public utility contractor licensed under Article 1 of Chapter 87 of the General Statutes.
• A plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes who performs only the following work: installation, repairs, or maintenance of water mains, water taps, service lines, water meters, or backflow prevention assemblies supplying water for irrigation systems; or repairs to an irrigation system.
• Any person performing irrigation construction or contracting work for a golf course.
• Any person maintaining or repairing an irrigation system owned by the homeowners association of a planned community and located within the planned community’s common elements as defined in G.S. 47F-1-103.
To view/download/print a .pdf version of this notice, please click here.