A BILL TO BE ENTITLED
AN ACT to clarify that any Person acting as a development manager or consultant is not deemed to be a GeneraL Contractor and thus is not subject to the licensing or fee requirements of Article 1 of Chapter 87 of the General statutes.
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 thirty thousand dollars ($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 provided such building is intended 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.
This section and the licensing fees imposed by G.S. 87‑10 are not intended to apply, and shall not apply to any person, firm, or corporation who oversees, superintends, or manages the development of real property regardless of the scope of services provided by such person, firm, or corporation, so long as a licensed general contractor is, in good faith, superintending or managing all construction activities related to the development."
SECTION 2.  This act becomes effective October 1, 2009.