MEETING NOTEBOOK TABLE OF CONTENTS

Page Agenda - Chairman Introduction, Roll Call, Conflict of Interest .................................................... 2

Minutes of Prior Meetings ................................................................................................................... 4

Recognition of Fifth Level III Certificate ......................................................................................... 21

Public Comment ................................................................................................................................. 22

Committee Reports ............................................................................................................................. 23

Executive

Policies and Procedures

Education and Research

Qualification and Evaluation

On-Going Business ............................................................................................................................. 24

New Business ....................................................................................................................................... 25

Staff Reports

Examination ................................................................................................................................ 26

Certification ................................................................................................................................ 28

Education .................................................................................................................................... 33

Investigation ................................................................................................................................ 34

NC Code Officials Qualification Board Quarterly Meeting

January 28, 2020 - 1:00 PM 325 N. Salisbury St., Raleigh, NC 27603

NC Department of Insurance Albemarle Building, Training Room 240

NOTICE / AGENDA 1. Introduction A. Roll Call / Conflict of Interest Reminder 2. Approval of minutes A. October 22, 2019 Regular Quarterly Meeting B. December 9, 2019 Policies and Procedures Meeting C. January 15, 2020 Policies and Procedures Committee Meeting D. January 17, 2020 Qualification and Evaluation Committee Meeting E. January 24, 2020 Education and Research Committee Meeting F. January 28, 2020 Policies and Procedures Committee Meeting 3. Recognition of Fifth Level III Standard Inspection Certificate Recipient(s) 4. Public Comment 5. Committee Reports A. Executive Bill Thunberg, Chairman B. Policies and Procedures Ken Stafford, Chairman C. Education and Research Tracy McPherson, Chairman D. Qualification and Evaluation Tom Bender, Chairman 6. On-Going Business A. Residential Changeout Inspector Update – Bill Murchison B. Computer-Based Testing Contract – Kathy Williams C. Update on Residential Changeout Inspector Rules – Tom Felling 7. New Business A. 2019 Performance Report - Data Analytics – NCCCS – Ashley Sieman B. Request to add gas and ventilation inspections to list of Board-approved Live Remote inspections - C. Testing center issue – Kathy Williams 8. Staff Report

A. Director Kathy Williams B. Examination Kathy Williams & Rich Hall C. Certification Terri Tart D. Education Beth Williams & Mike Hejduk E. Investigation Sam Whittington & Tom Cooney

Adjournment 2

NCGS 138A-15(e) “At the beginning of any meeting of a board, the chair shall remind all members of their duty to avoid conflicts of interest and appearances of conflict…” In accordance with the State Government Ethics Act*, it is the duty of every NC Code Officials Qualification Board member to avoid both conflicts of interest and appearances of conflict. Do any Board members have any known conflict of interest or potential of conflict with respect to any matters coming before the Board today? If so, please identify the conflict or potential of conflict and refrain from any undue participation* in the particular matter involved. Let the minutes show that the State Ethics Commission has cited the potential for a conflict of interest for certain members of the Board who are serving in the following appointments:

• Code officials, because they serve on the Board that certifies them. • Elected officials, because local government entities employ code officials. • Licensed contractors, because their companies regularly work with code officials. • UNC School of Government, because the school provides educational services for

code officials who are subject to the jurisdiction of the Board. Board members should exercise appropriate caution in the performance of their public duties should issues involving their licenses or that of any of their employees come before the Board. This would include recusing themselves to the extent that their interests would influence or could reasonably appear to influence their actions. *”A public servant shall take appropriate steps, under the particular circumstances and considering the type of proceeding involved, to remove himself or herself to the extent necessary, to protect the public interest and comply with this Chapter, from any proceeding in which the public servant’s impartiality might reasonably be questioned due to the public servant’s familial, personal, or financial relationship with a participant in the proceeding.” The Ethics Act establishes ethical standards for certain public servants, including conflict of interest standards. G.S. 138A-31 prohibits public servants from using their positions for their financial benefit or for the benefit of a member of their extended family or a business with which they are associated. G.S. 138A-36(a) prohibits public servants from participating in certain official actions in which they have an economic interest or if the public servant, a member of the public servant’s extended family, or a business with which the public servant is associated would otherwise benefit from that action. In addition to the conflicts standards noted above, G.S. 138A-32 prohibits public servants from accepting gifts, directly or indirectly (1) from anyone in return for being influenced in the discharge of their official responsibilities, (2) from a lobbyist or lobbyist principal, or (3) from a person or entity which is doing or seeking to do business with the public servant’s agency, is regulated or controlled by the public servant’s agency, or has particular financial interests that may be affected by the public servant’s official actions. Exceptions to the gift rule are set out in G.S. 138A-32(e). 3

MINUTES OF THE

NORTH CAROLINA CODE OFFICIALS QUALIFICATION BOARD

October 22, 2019

The quarterly meeting of the NC Code Officials Qualification Board (“Board”) was held at 1:00 P.M. on Tuesday, October 22, 2019 in the Albemarle Building Training Room 245 at 325 N Salisbury St, Raleigh, NC 27603. Chairman Thunberg announced that Rob Roegner, Chief Deputy Commissioner, Engineering Services, NC Department of Insurance was appointed to the Board by the Commissioner of Insurance and replaced Cliff Isaac.

Item 1.A.: Roll Call/Conflict of Interest Reminder

Chairman Thunberg asked each member of the Board to introduce themselves for the roll call and asked each member of the Board to state whether they had actual or potential conflicts of interest for any items on the agenda. The State Ethics Commission has cited the potential for a conflict of interest for members of the Board who are serving in the following appointments.

• Code officials, because they serve on the Board that certifies them. • Elected officials, because local government entities employ code officials. • Licensed contractors, because their companies regularly work with code officials. • UNC School of Government, because the school provides educational services for code

officials who are subject to the jurisdiction of the Board. Board members should exercise appropriate caution in the performance of their public duties should issues involving their certifications or that of any of their employees come before the Board. This would include recusing themselves to the extent that their interests would influence or could reasonably appear to influence their actions.

Stafford asked to be recused from the complaint on the Alamance County inspectors. He works in Alamance County and knows them. El-Amin made a motion to recuse Stafford from voting on the Alamance County complaint. Griffin seconded the motion and the motion carried.

The following members of the Board were present (*or by teleconference):

Richard Ducker Bill Thunberg Mark Summey, PE Ken Stafford Andy Matthews* Dr. Stephen Terry Allen Kelly Rob Roegner Helen McIntosh Jeff Griffin Fleming El-Amin Michael Crotts James Steele* Thomas Bender Tracy McPherson Lance Olive*

The following members of the Board were not present:

Richard White Dr. Stephanie Luster-Teasley Mark Smith Danny Couch

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Others in attendance were as follows:

Item 2- Approval of Minutes McIntosh made a motion to approve the July 23, 2019 Board meeting minutes. El-Amin seconded the motion and the motion carried. Bender made a motion to approve the October 18, 2019 Qualifications and Evaluations Committee minutes. Crotts seconded the motion and the motion carried. Item 3 – Election of Secretary The Chairman asked for nominations for Secretary which was currently open due to Isaac leaving. Griffin nominated Rob Roegner as Secretary. El-Amin seconded the motion and the motion carried. Roegner was elected as Secretary of the Board. Staff made a motion to place Roegner on the Policies and Procedures Committee. El-Amin seconded the motion and the motion carried. Item 4 – Recognition of Fifth Level III Standard Inspection Certificate Recipient The Chairman announced the following recipients received their fifth level three certificate during the past quarter:

• Stacey Miller, Town of Boone Inspections Department • William Norris, Montgomery County Inspections Department • Andrew Thompson, Brunswick County Inspections Department • 5

Name Affiliation Location Kathy Williams Department of Insurance Raleigh, NC Terri Tart Department of Insurance Raleigh, NC Sam Whittington Tom Cooney

Department of Insurance Department of Insurance

Raleigh, NC Raleigh, NC

Beth Williams Department of Insurance Raleigh, NC Mike Hejduk Department of Insurance Raleigh, NC Tom Felling Department of Justice Raleigh, NC Charlie Johnson

Department of Insurance Raleigh, NC

Cliff Isaac Department of Insurance Raleigh, NC Joe Starling Department of Insurance Raleigh, NC Rich Hall Department of Insurance Raleigh, NC Donald Sheffield

City of Greensboro Greensboro, NC

Mark Griffin Union County Monroe, NC Tim Norman NC Board of Examiners of Electrical Contractors Raleigh, NC Brian Stark Town of Cary Cary, NC Bryan Webb Town of Cary Cary, NC Michael Slate Brunswick County Bolivia, NC Brunswick County Bolivia, NC Jessica Smith Complainant Burlington, NC Aaron Smith Complainant Burlington, NC

Item 5 – Public Comment There were no comments from the public. Item 6 – Committee Reports

Executive Committee – Thunberg reported the Committee has not met and has no report.

Policies and Procedures Committee – Stafford reported the Committee has not met and has no report. Education and Research Committee – McPherson reported the Committee has not met and has no report. Qualification and Evaluation Committee – Bender reported the Committee had met twice during October. The purpose of the meeting was to discuss the appeals made by Piper and Faulkner regarding their 4-year degrees. Staff did not approve their degrees as equivalent to a fire science degree or a fire protection engineering degree. The committee reviewed curriculums of several universities in fire science and fire protection technology and the committee felt that some rules need to be more specific and that rule changes will be necessary. Item 7. – On-Going Business A & B. Faulkner and Piper Appeals Bender reported that the Committee recommended to support the staff’s decision regarding Piper’s and Faulkner’s degrees. Bender made a motion to support the staff’s decision regarding the degrees of Piper and Faulkner. El-Amin seconded the motion and the motion carried. There was no discussion. C. Live Remote Demonstrations Michael Slate of the Brunswick County Inspection Department presented three live remote inspections. Slate showed recordings of a waterline trench inspection and a rebar and footing re-inspection being performed live with the inspector in the office and directing the contractor to different places on site. Slate stated the waterline trench inspection would normally take one hour in the field. It only took 3 minutes to perform the inspection remotely. He stated that Brunswick County has only performed 40-50 remote inspections. His inspection department doesn’t have the staff to perform them. Slate stated the department has saved money and time by performing live remote inspections. They also have wireless service issues as well. El-Amin asked if the County performs audits on the live remote inspections. He stated they do. Williams asked how contractor’s set up appointments. Currently Brunswick County doesn’t have the ability to schedule live remote. It is done by inspectors basically. Starling asked if homeowners have the same option? Brunswick County staff responded that they don’t think it will be an option for homeowners due to their limited knowledge. An audience member asked if live remote inspections is an option or mandatory? Thunberg stated the Board offers guidance, but the performance and method of performance is up to the inspection department. 6

McPherson asked if there was any difference in record retention for onsite versus live remote inspections. Slate responded that the video isn’t stored, only normal paperwork is kept. The jurisdiction does not document who is holding the camera. Bender stated that live remote is needed but is concerned about the definition of “minor”. Isaac referred him to item 4 in the guidance paper which provides a definition. Brian Stark and Bryan Webb, Town of Cary, made a second presentation of live remote inspections. Stark stated that contractors are using it more for re-inspection purposes rather than new inspections. Start shared a video of a live remote framing re-inspection. Stark stated Cary uses Goggle Duo which works with both iPhone and Android platforms. Cary has performed at least 200 inspections since July, 2019. Most of their staff has used it but since it is new technology, some inspectors forget to use it. Currently it is at 1% of their inspections. If live remote were at 5%, it would account for one inspector’s workload. The CEO makes the contractor aware that a remote inspection can be performed, and it moves the project faster than normal inspections. Webb provided statistics and examples of benefits of live remote inspections. Stark stated that the 200 performed since July also included inspector to inspector live remote. Most live remote inspections are on residential construction and in multi-trade inspections. Isaac stated that he and Starling have worked with Brunswick County and Cary on live remote inspections. There have been a few changes to the existing guidance paper regarding inspector to inspector live remote inspections. Starling discussed the performance of the electrical portion of a HVAC changeout inspection. This type of inspection only shows the replacement of the appliance which doesn’t include any new ductwork, no new wiring, etc. Isaac noted that the numbering on page 2 for 5 and 6 needs to be switched and corrected. The rest of the document is correct. Griffin made a motion to adopt the revised live remote guidance paper. El-Amin seconded the motion and the motion carried. There was some discussion. Griffin further described how Mecklenburg County performs live remote inspections. D. Residential Changeout Inspector Update Bill Murchison presented an update on the Residential Changeout Inspector certification. He advised that at the next meeting there will likely be a need for voting on new rules. This certification was made mandatory in Session Law 2019-174 (HB 675) effective October 1, 2019. This certification would include very basic replacements of appliances and the electrical connection needed. This would perhaps open the market for those who may not have quite enough experience to qualify as a Level I inspector. It is expected to shorten the inspection time as well. He advised a committee is working on the scope of the inspector certification and the course and exam requirements. Residential includes condos and apartments as well, single phase only. Roegner added that it is an unfunded mandate, but the Department is invested and see it as a need. 7

Griffin asked about the expanded role of the commercial application. Murchison responded that it is based on the type of appliance to be replaced, not based on the number of stories. Starling stated that the certification applies to appliances serving individual dwelling units of the condos, not common areas or commercial applications. The appliance must be single phase. Thunberg asked Felling to comment on the rules . Felling stated that rules are being drafted that are parallel to existing rules and he is pleased with the progress. Rules will go through the Policies and Procedures Committee at some point. McPherson asked a question regarding the coursework and instructor requirements. Griffin stated they are working on the training material. McPherson stated community colleges need to be ready to handle the new course and that there is a process for the N.C. Community College System that the new course will need to go through. the process. Williams asked how much time the NCCCS will need for review/approval. McPherson stated 6 weeks is needed but is based on the time of the year. E. Ad Hoc Committee Update Williams gave the update on the Ad Hoc Committee meeting held October 22, 2019 at 9:00. The Committee agreed to meet twice a year. She stated that it was a good to keep both Boards advised of the initiatives reviewed earlier in the year. F. Computer-Based Testing RFP Williams stated the computer-based testing RFP has been sent to NCDOI Purchasing and Contract for review. Some suggested changes were made. We are in the first year of the first-year extension option. The original contract was for 5 years with 3 one-year extension options. The residential changeout inspector certification was included in the RFP. The RFP also must go through NCDOI legal division as well. Williams asked the Board’s permission to go ahead with the release of the RFP once all reviews are performed. Williams discussed the timetable shown in Table 1 and the review criteria shown in Table 2. She discussed that the timetable will need to be flexible due to the need for review. Williams explained that Board members will be included in the review process. Thunberg stated during the previous RFP that a member of each committee participated. Mike Hejduk asked if the RFP included course development related to the exams. He stated that Pearson-Vue originally had the cost of course development included in their contract at a cost of $172 per exam. PSI currently administers the exam with no course development and charges $125 per exam. The maximum allowed by statute is $175. Thunberg asked if he would like to include it in the scope of the current RFP being developed. Hejduk answered yes, because there is no budget for course development, but the statute provides a funding mechanism. McPherson asked if he thought the current course material was sufficient. He mentioned the development of the fire course and that it will be a model for the other courses. 8

McPherson mentioned there seems to be a need to provide more consistent training material for instructors. Roegner responded that there is no good instructor training material as provided in the fire and rescue division. There is work to be done for instructor training materials. Isaac responded that departments will balk at the increase in the fee. The staff has the experience to review slides if they had the time. Consistency is important but going up on the test price will be a problem. Isaac stated the speed of the test may need adjusting from 150 to 120. He believes this will help the passing rate for exams and still maintain competency. McPherson commented that no vendor is going to have the technical knowledge to create an online course. Vendors are excellent on the formatting of the content. The content must be developed first before going to a vendor. We can’t create a consistent online course if the classroom course content isn’t consistent. Hejduk stated that the weakest group are those that take the exam based on 6 months of inspection experience. Thunberg polled the members to see if they have any thoughts on the education discussion. Griffin stated that there are some things that could be provided to prepare the student to go to class. Bender stated that Charlie Johnson has done an excellent job for the Fire courses. These courses can be used as a model for the other courses. Roegner stated his suggestion is to ask the Education and Research Committee to discuss forming a committee for each discipline with a group of SMEs to develop what needs to be developed. El-Amin is concerned about the 30% pass rate. It is problem number one. Thunberg asked McPherson to work with Rob to figure out what we need to do. Williams asked if she received the permission to go ahead with the RFP once it has been approved. Thunberg stated yes. Item 8 – New Business Issue discussed previously in the meeting. Item 9 – Staff Reports Examination Report – K. Williams Williams provided the exam grades achieved during the quarter. There were small increases in the passing percentage for the Building I, Electrical I, and Fire I inspection exams. Williams stated there are existing reasons for lower pass rates for Electrical I and Fire I. Williams asked Tim Norman about the pass rate for the Limited electrical exam. He stated it was 40%. He stated the Intermediate and Unlimited exams were at 35%. Norman stated he feels it is the experience the new candidates receive in the field. 44 requests were made to review exam questions. 29 reviewers submitted exam question challenges to be reviewed by the Chief Code Consultants. 9

McPherson stated that there is discussion about work performed prior to going into a course. She asked why the industry is able to move along with the low pass rates. Roegner stated that the supply of inspectors is shrinking and that others are looking at the privatization of inspections, so we need to increase our pool of inspectors to perform needed inspections. Rich Hall stated there aren’t any prepared booklets or training materials. Starling stated there is a wealth of knowledge available for purchase to teach people how to do calculations, etc. It teaches you how to use the NEC®. People have been hired to perform a job that they are not trained to do. The electrical section is providing training material on calculations for inspectors to use. You can’t replace experience with how to take the test. You need to know how to do the job. Certification Report – Tart Tart reported on the number and type of applications received this quarter. She attributed the influx of applications to jurisdictions to the robust construction industry. Also, jurisdictions are hiring to meet the inspection demand and to replace those retiring. Currently, there are 2,477 active probationary certificates, 6,353 active standard certificates. There is a total of 8,842 active certificates. Education Report – B. Williams Williams shared a short video used during the Code College held September 23-27, 2019. The video included an introductory message from Commission Causey followed by several code consultants explaining their responsibilities . Statistics Period: July 1, 2019 – September 30, 2019

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CONTINUING EDUCATION COURSES Courses Submitted Denied 21

Courses Approved 93 Courses Approved FY 93

Course Rosters Submitted 156 New Con. Ed. Sponsors

Approved 3

New Con. Ed. Instructors Approved

6

Additional Educational Updates: Certificate CE Requirements already met as of September 30, 2019 is 3,484 Investigations Investigations Report – Thomas Cooney Case #494 - O’Kelly and Smith (Rowan County and Salisbury) Cooney presented the complaint items to the Board and the staff recommended no basis in fact for O’Kelly and Smith. Cooney reported that the complainant disagreed with his finding. The Board members asked a few questions regarding the complaint. Bender made a motion to accept the staff’s recommendation of no basis in fact. Kelly seconded the motion and the motion carried. Case #496 – Cordell (Black Mountain) Cooney reported that this complaint had been withdrawn. Investigations Report – Whittington Whittington stated that the number of cases under investigation has increased, probably due to the new online complaint process. Case #495 – Alamance County Whittington outlined the complaint concerning the Smith residence. Whittington stated there are existing code violations in the home and that it shouldn’t have passed inspection. 11

STANDARD EDUCATION COURSES Area Course

Count Total # Students

(avr. class) Total # Students

(April -June) Law and Administration 6 103 (17) 87 (9) Building 12 74 (6) 145 (8) Electrical 12 34 (3) 92 (6) Fire 18 123 (7) 249 (13) Mechanical 10 57 (6) 80 (8) Plumbing 13 73 (6) 87 (7)

Total Courses Held 72 Courses Canceled 10

Standard Courses Scheduled 66

Standard Course Grades Pending

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The complainant, Jessica Smith and Aaron Smith, addressed the Board. Jessica Smith presented the issues concerning her home and that the issues are major which include plumbing, septic, grading/draining, and broken trusses. They have incurred major financial expenses. The owner reported problems with the builder and that he hasn’t been responsive and/or denied the problems. Thunberg addressed the complainants and thanked them for appearing before the Board regarding their inspection issues. Whittington presented the complaint items to the Board and the staff recommended basis in fact for willful misconduct for Curts and Allison. Staff recommended no basis in fact for Durham. Whittington reported that staff is negotiating a voluntary settlement agreement, but no final resolution has been achieved. Board members asked questions. Jessica Smith reported to the Board that there are 15 homes built by the same builder and they are experiencing issues with their homes. Felling addressed the member’s question concerning the condition of the other homes. He stated that staff is limited to the allegations that are in the complaints. Other homeowners must file complaints for the investigator to look at their homes. Crotts stated that he agreed with the staff’s recommendation. Griffin stated that he agreed with the staff’s recommendation as well. McIntosh made a motion to accept the staff’s recommendation of basis in fact for Curts and Allison and no basis in fact for Durham. Ducker seconded the motion and the motion carried. The voluntary settlement agreement, if achieved, will be presented at the next meeting for consideration. Case #501 – Bertie County Whittington reported that during the site visit, the crawl space was not accessed because of a wasp’s nest and that he used the home inspector’s report during the investigation and to support conclusions. Whittington reported that Pittman has retired and works part-time. He reported he also questioned Surgins’ field training under Pittman. Staff recommended basis in fact for Pittman and Surgin. Staff negotiated a voluntary settlement agreement for Pittman to take a Law and Administration course and a Building I course. Surgin agreed to a voluntary settlement agreement requiring the completion of a BI course and perform at least 24 hours of training with a staff-picked jurisdiction. Ducker asked how much time Pittman is allowed to complete the course. Staff responded that he was given 1 year to complete the courses and Surgin was given 1 year to complete the required training. Crotts made a motion accept the staff’s recommendation regarding the finding and the negotiated voluntary settlement agreements. El-Amin seconded the motion and the motion carried. Case #465 – Hayes (Beaufort County) Whittington updated the Board on the Hayes case. The Board extended the previous VSA until November, 2019. He has not taken a second attempt on the BIII state exam. 12

Hejduk addressed the Board. He indicated that the memo from the E&R Committee was omitted from the agenda. Thunberg stated he hasn’t had a chance to look at the memo. Hejduk stated they are trying to fix the deficiencies for the Building I course. There were recommendations made by the instructors: increase the BI course to 5 days for each code – residential and commercial. He also stated that there could an opportunity to do things a little differently when considering the rules for the residential changeout inspector. Bender thanked the staff for assistance during the Q&E Committee meetings. El-Amin made a motion to adjourn. Griffin seconded the motion and the meeting was adjourned. .

Rob Roegner Secretary, NC Code Officials Qualification Board 13

MINUTES OF THE POLICIES AND PROCEDURES COMMITTEE MEETING

December 9, 2019 The Policies and Procedures Committee Meeting was held at 9:30 AM on December 9, 2019 in the Albemarle Building, 4th Floor Conference Room at 325 N Salisbury St, Raleigh, NC 27603. The following members of the Committee attended by teleconference:

Member Names Allen Kelly Danny Couch Richard Ducker Ken Stafford, Committee Chairman

Others in attendance were as follows:

Name Affiliation Location Kathy Williams NCDOI Raleigh, NC Tom Felling NCDOJ Raleigh, NC Joe Starling NCDOI Raleigh, NC Bill Murchison NCDOI Raleigh, NC Cliff Isaac, PE NCDOI Raleigh, NC Terri Tart NCDOI Raleigh, NC Rob Roegner – Committee member NCDOI Raleigh, NC

Stafford called the meeting to order Stafford made introductory remarks regarding the reason for the meeting and then roll call was performed. Stafford asked Felling to go over the rules making processing. Felling explained that once the Policies and Procedures Committee approves the proposed rules, the rules should be sent to the Official of Administrative Hearings (OAH) for pre-review. Changes will be made if required, then sent back to Committee depending on the type of changes made. Then a Notice of Text is sent to OAH for public comment and hearing and then sent to the Rules Review Commission for final action. Bill Murchison and Joseph Starling reviewed the proposed code changes and answered questions regarding the administrative requirements. Roegner made a motion to submit the proposed rules for pre-review at OAH. Ducker seconded the motion and the motion carried. The meeting concluded. 14

MINUTES OF THE POLICIES AND PROCEDURES COMMITTEE MEETING

January 15, 2020 The Policies and Procedures Committee Meeting was held at 9:30 AM on January 15, 2019 in the Albemarle Building, 5th Floor Conference Room at 325 N Salisbury St, Raleigh, NC 27603. The following members of the Committee attended by teleconference:

Member Names Allen Kelly Danny Couch Ken Stafford, Committee Chairman James Steele

The following members of the Mecklenburg County Inspection Department attended by teleconference:

Patrick Granson – Director of Code Enforcement Jeff Griffin – Code Enforcement Manager of Residential team Clay Goodman – Code Enforcement Manager MT team David Gieser- Director of Inspections David Rains – CA of Elect Jeff Vernon – CA of building Tommy Rowland – CA of Mech/ Plumbing Jimmy Klutz - Senior Inspector Melanie Sellers

Others in attendance were as follows:

Name Affiliation Location Kathy Williams NCDOI Raleigh, NC Tom Felling NCDOJ Raleigh, NC Dan Dittman, PE NCDOI Raleigh, NC David Rittlinger, PE NCDOI Raleigh, NC Cliff Isaac, PE NCDOI Raleigh, NC Terri Tart NCDOI Raleigh, NC Rob Roegner – Committee member NCDOI Raleigh, NC

Stafford called the meeting to order Stafford made introductory remarks regarding the reason for the meeting and then roll call was performed. Stafford asked Patrick Granson to begin his presentation regarding live remote inspections for gas and ventilation. 15

Granson stated he would like to add additional components to the existing Board-approved Live Remote Guidance Paper. Mecklenburg would like to offer this option to their best performing contractors. This is based on grading performed by the County. They would like to perform the pilot program for 90 days and then report back to the Committee. He stated Mecklenburg County was cautious. This request is industry driven. Contractors want simultaneous inspections performed at completion of the job. The expectation is the contractor will call into their call center and communicate with an experience inspector by live remote. The inspector and the contractor will perform the inspection for approval. Granson explained that it offers several benefits. There is a benefit to the consumer. They only need to take off one day instead of several days to get the inspection and approval completed. The inspection department saves time and money regarding employee hours and vehicle costs. Lastly the contractor saves time and doesn’t have to return to the residence and is more convenient for the customer. Mecklenburg County stated that less than 1% of their inspections is performed by Live Remote. Granson also stated that this type of inspection would decrease the occurrence of work being performed with permits but no inspections. Couch asked how safe is performing a gas inspection remotely. Roegner followed stating that he isn’t comfortable with this program until NCDOI engineers review the possibility of performing these inspections remotely and that safety isn’t compromised. He is also concerned that this process may provide a move towards reducing or removing code inspections. Stafford asked Roegner, Rittlinger, and Dittman if they can review the process before the next meeting? They replied yes. Granson stated Mecklenburg County is open to suggestions from NCDOI and are willing to work together to create a great program. Rowland stated the projects involved concern changeouts where the venting and piping are already in place. Stafford reminds the group about the new Residential Changeout Inspector (RCI) certification. Isaac added that using Live Remote inspections shouldn’t hamper the RCI certification. Isaac indicated the NC Legislature wanted to move directly to allowing the contractor to self-certify the project thereby eliminating the need for a city or county inspection. This is not the desired path and would not provide adequate measures for public safety. Isaac added the Live Remote inspections are only 6 months old and that this process needs to ripen to see the full benefit and/or adjust as needed. Griffin stated there is a hole in the RCI certification that doesn’t allow inspections when the fuel source is changed. Roegner made a motion for the Policies and Procedures Committee to meet on January 28th at 9:00 AM to discuss the NCDOI findings. The motion was seconded. 16

Mecklenburg County left the call. Williams introduced the second item for discussion. Williams stated PSI notified NCDOI about an inspector who took the Electrical Level I exam at the Raleigh testing center. PSI proctors check the code books of each candidate before they enter the testing room and the code books are re-checked on the way out after the exam is complete. During check-out, the proctor discovered the candidate had a Tom Henry Index in his code book. This is not part of the National Electric Code. He was not provided a grade letter at the testing center. However, his grade was reported to the staff. He passed the exam. Williams advised the Committee that no additional notes or papers are allowed in the code books during testing. This information is provided in the candidate’s exam eligibility letter and in the Candidate Information Bulletin which is linked to the OSFM website. Couch stated he broke the rules. Felling stated he had reviewed the Board’s rules and they are silent on this matter. The Board has the option to deny under disciplinary powers. Roegner made a motion to disqualify the candidate’s last exam attempt and allow him to retake the exam and waive the 60-day waiting period. Couch seconded the motion and the motion carried. Roegner suggested that the testing policy be discussed in combination with the Education and Research Committee. Felling reported on the status of the Residential Changeout Inspection rules. He reported that the rules are still at the Rules Review Commission. He will report on them at the January 28th meeting. Roegner made a motion to adjourn. Couch seconded the motion and the motion carried. The meeting concluded. 17

MINUTES OF THE

QUALFICATION AND EVALUATION COMMITTEE

January 17, 2020

Via teleconference

The Qualification and Evaluation (“Q&E”) Committee met on Friday, January 17, 2020 at 11:00 A.M. via teleconference hosted at the Board’s meeting Albemarle Building at 325 N. Salisbury Street, Raleigh, NC. No audio recording was made. Committee members called-in: Chairman Tom Bender, Helen McIntosh, Mike Crotts and Fleming El-Amin. Attorney Tom Felling, NCDOJ called in. Terri Tart, NCDOI board staff attended. The purpose of the meeting was to consider applications for certificates submitted by Derick Wilson, Alan Miller, and Mark Battle with felony convictions. Chairman Bender called the meeting to order. Tom Felling board attorney asked Chairman Bender to allow him to inform the committee, the new Session Law 2019-91, House Bill 770 regarding applicants with felony’s pursuing certifications or licensing. This new law is to clarify and simplify a licensee’s qualifications for licensure and to require recognition by licensing boards of certain apprenticeship and training experiences. The application for Derick Wilson was reviewed and discussed by committee. The committee approved Wilson to pursue certification as a Code Enforcement Official with a unanimous vote (4). The application for Alan Miller was reviewed and discussed by committee. The committee approved Miller to pursue certification as a Code Enforcement Official with a unanimous vote (4). The application for Mark Battle was reviewed and discussed by committee. The committee approved Battle to pursue certification as a Code Enforcement Official with a unanimous vote (4). The meeting adjourned at approximately 11:40 am. 18

Minutes of the NC Code Officials Qualification Board Education & Research Committee Meeting

January 24, 2020

8:30 AM Room 523 Via Teleconference

Committee Members in attendance:

Tracy McPherson, Chairperson Stephen Terry, PhD, PE Mack Summey, PE Stephanie Luster-Teasley, PhD

Committee Members absent

Jeffrey Griffin Andy Mathews

Staff Members in attendance:

Rob Roegner Kathy Williams Mike Hejduk David Rittlinger Rich Hall Beth Williams

Others in attendance

Karen Tikkanen, NCCCS The meeting began at 8:30 AM. Tracy McPherson explained that the primary purpose of the meeting was to familiarize committee members with the new Residential Changeout Inspector certificate Board course being developed by NCDOI staff and Mecklenburg County. McPherson announced her planned resignation from the Board and successor Karen Tikkanen, Workforce Continuing Education Director, Training and Standards. David Rittlinger discussed agenda item # 2 noting the certificate was multi-trade, entry level that is different from existing Board courses. Rittlinger stated that the technical content was well developed but issues such as delivery method as a partial online course remained to be determined. McPherson asked how the need for this certificate originated. Rob Roegner stated the General Assembly created this new statutory requirement based on requests from local governments. Kathy Williams explained that rules 19

have been submitted for pre-review to the legal staff of the Rules Review Commission and Tom Felling will address. McPherson noted to the committee members that a vote may be required at the Board meeting next week. Roegner stated that this course will also include a skills book for supervisor approvals. Mike Hejduk discussed agenda item #3 probationary period education and training briefly referring to the slides provided by email that address the low state exam pass rates for certain trades that appear to stem from the six-month probationary qualification. Hejduk stated these slides were an excerpt from a classroom NCDOI Code College course on Probationary OJT. Hejduk also stated that Ashley Sieman will make a presentation at the next Board meeting on the State certification exams now included in the annual Performance Report of Community Colleges. Rich Hall addressed agenda item #4 and his work with Fire instructors developing End-of-Course (EOC) test items for Fire Level 1. Hall is working to have the course and technical manual by mid-February. McPherson asked what might be different about the Fire and Residential Changeout courses in the future. Hejduk stated that item test banks might be provided by NCDOI via computer-based testing through the Community Colleges and that a separate “Fire inspection awareness” course might be available for fire service personnel promotional purposes rather than to become an inspector. Stephanie Luster-Teasley stated that the Fundamentals of Engineering exam had a test bank that allowed students to practice exams and that this seems to have improved passing rates. Luster-Teasley left the teleconference about 9:30 AM due to another meeting. Kathy Williams explained that the Residential Changeout inspector certificate would be different than other Board courses because it will require individuals to take the course before being issued a Probationary certificate. Rob Roegner stated that this course also includes completion of a skills book that will be approved by a supervisor. Hejduk and Roegner then explained that computer-based testing might allow a delay between completion of the course and students taking the End-of-Course tests and that a hybrid (classroom/online) course could include additional learning modules such as electrical theory to help students master concepts needed to properly use the code. Stephen Terry stated that a separate ethics “pre-test” is required before taking the Professional Engineer exam. McPherson and Karen Tikkanen discussed various funding methods the Community College system employs to pay for classes. The meeting was adjourned about 9:45 AM. 20

FIFTH LEVEL III CERTIFICATES The following individuals achieved their fifth level III certificates this quarter:

Bradley Gilliam is a CEO from the Franklin Inspection Department. He received his Standard Fire III certificate on December 30, 2019. Michael Davis is a CEO from the Wilson County Inspection Department. He received his Standard Building III certificate on November 18, 2019. Ernest Wilkes is a CEO for the City of Raleigh Inspection Department. He received his Standard Fire III certificate on December 16, 2019. Laura Rooks is a CEO for the Catawba County Inspection Department. She received her Standard Fire III certificate on November 5, 2019. Martin Perry is a CEO for the Iredell County Inspection Department. He received his Standard Fire III certificate on January 22, 2020.

The total number of code enforcement officials who have ever achieved this level of certification is 287. The number of active code enforcement officials who have five level III certificates is 192. 21 1

PUBLIC COMMENT

22

Executive Committee Chairman Bill Thunberg Vice-Chairman Ken Stafford Secretary Vant Education and Research Chairman Qualification and Evaluation Chairman Policies and Procedures Chairman

Education and Research2 Qualifications and Evaluation3 Policies and Procedures4 Tracy McPherson, Chairman Thomas Bender, Chairman Ken Stafford, AIA, Chairman Jeff Griffin Mark Smith Richard D. Ducker Andy Matthews Helen McIntosh Allen Kelly Stephen Terry, PhD, PE El-Amin Fleming Cliff Isaac Mack Summey, PE Richard White James Steele Stephanie Luster-Teasley, PhD Michael Crotts Danny Couch

Members without a committee assignment: None 23

ON-GOING BUSINESS

A. Residential Changeout Inspector Update Work on the Residential Changeout Inspector program continues. Bill Murchison, PE, is heading this project and has formed a group of staff and volunteers which includes members of the Mecklenburg County Inspection Department. The group continues to meet and the next meeting is scheduled for February 4th. The Administrative Rules have been crafted and sent to the Office of Administrative Hearing for a pre-review. The rules were edited to become a separate section in the Board’s rules. B. Computer-Based Testing RFP The current contract with PSI is in its first-year extension where there are only two other one-year extension options remaining. Due to the new residential changeout inspector certification, a new RFP will need to wait until the rules and program/exam content have been developed. The staff recommends extending the contract an additional year so that the new certification can become a part of the new bid process. Based on this scenario, when the program is up and running, paper and pencil exams will be used until a new contract can be executed. C. Update on Residential Changeout Rules The first edition of the administrative rules for the Residential Changeout Inspector were sent to the Office of Administrative Hearings for a pre-review. A pre-review is helpful in the long run to advise the submitting parties of any difficulties or challenges if/when submitted through the final rule-making process. Tom Felling submitted the rules for pre-review and received comments regarding the changes to 11 NCAC 08.0602, .0702 and .0706. The comments regarding sections .0602 and .0702 were minor. However, there were many comments regarding .0706. Due to the large amount of comments and the types of comments, the rules were re-written and removed from section .0706. They are now listed as .0734. The content of the rules did not change. 24

NEW BUSINESS

A. 2019 Performance Report – Data Analytics - NCCCS Ashley Sieman from the NC Community College System offers comments regarding the data collected for the NC Code Officials Qualification Board. This data included the exam grade information and course information. B. Request to add gas and ventilation inspections to list of Board-approved Live Remote

Inspections Mecklenburg County requested the addition of gas and ventilation inspections to the Board-approved guidance paper regarding Live Remote Inspections. The Policies and Procedures Committee met on January 15, 2020 to discuss this matter. Patrick Granson, Director of Inspections, presented several reasons they would like to see these types of inspections added to the list, but the NCDOI staff felt that safety might be compromised and asked for a two-week period to review the possibilities of conducting these types of inspections remotely and if safety is reduced. The Committee met the morning of the 28th to discuss the NCDOI findings regarding this request. C. Testing Center Issue Staff received an incident notification regarding an exam candidate at the Raleigh testing center. Each candidate goes through a check-in and check-out procedure when taking an exam. The candidate went through check-in and was allowed to take the exam. During check-out the proctor discovered he had an unauthorized index (Tom Henry Index) in his codebook. PSI did not provide the candidate with his exam outcome due to the unauthorized materials, but his grade was reported to us. The current testing center policy does not allow any additional materials, including indexes. This policy is listed in the exam eligibility letter as well as the Candidate Information Bulletin which is linked to our website. This candidate had already taken other exams offered at the PSI testing center. The Policies and Procedures Committee discussed this issue and decided to require the candidate to retest. The 60-day waiting period was waived and PSI waived the exam fee due to the issue during checking. 25

STANDARD CERTIFICATE EXAMINATION

Quarterly Review

Examination Grade Summary October 25, 2019 – January 22, 2020

The Board offers 15 different exams, one for each area and level and are administered by computer. Each exam contains 150 multiple choice questions and has a 3 ½ hour time period. Exams are open book. Examinees use their own code books but are not allowed to bring in any supplemental materials. Due to the rule change effective 12/1/2017, all certificates shown below have been issued and mailed.

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October 25, 2019 – January 22, 2020

Area/Level Number Taking

Number Passing % Passing High Score Low Score Average Score

BI 32 12 37.5 87.0 37.0 66.6 BII 7 5 71.4 81.0 65.0 72.6 BIII 14 9 79.0 89.0 55.0 72.1

EI 28 8 28.6 80.0 43.0 65.3 EII 8 4 50.0 78.0 55.0 67.6 EIII 6 4 66.7 77.0 55.0 69.2

FI 50 27 54.0 91.0 31.0 68.2 FII 23 14 60.9 88.0 47.0 72.6 FIII 15 13 86.7 93.0 55.0 79.3

MI 24 20 83.3 91.0 53.0 77.4 MII 15 11 73.9 91.0 50.0 73.9 MIII 2 2 100.0 83.0 78.0 80.5

PI 13 11 84.6 93.0 51.0 77.2 PII 12 12 100.0 89.0 76.0 83.0 PIII 6 6 100.0 92.0 77.0 87.5

Totals 255 158 62.0

Exam Reviews

35 exam reviews were performed. 28 exam challenges were forwarded to code consultants for review. Exams are available to those examinees who do not score at least 70 and are free. The review must be scheduled through PSI just as when scheduling an exam. 27

Applications Processed

Staff processes three types of applications each day. An applicant can apply for a maximum of 5 trades per application. Below is the total number of applications processed during the last quarter. There continues to be a large influx of standard applications and pre-qualification applications received during the past year. Jurisdictions are still hiring new inspectors to accommodate the heavy inspection load due to the very robust construction industry and retirements.

Quarterly Review

28

Quarter/Year

Probationary Applications

Standard

Applications

Pre-Qualification Applications

Total

Oct 2019

428

340

241

1,009

January 2020

293

280

193

766

% Change

-31

-18

-20

Standard Certificates by Area Earned This Quarter

Active Pre- Area Inspectors Qualification Comity

GS 143-151.13(a)

GS 143-151.13(a)

GS 143-151.14

Building 34 0 0 Electrical 16 1 0 Fire 53 11 2 Mechanical 31 0 0 Plumbing 30 0 0 Totals 164 12 2

Active Certifications Update

The table below identifies the number of currently active certificates in all trades as of January 22, 2020. The number of active certificates has increase by more than 300 than last quarter. More than likely it is due to renewal issues and new hires.

Active Trades

All Levels

Probationary Certificates

Standard Certificates

Limited Certificates

Total

Building

I, II, & III

500

1,139

1

1,640

Electrical

I, II, & III

444

922

1

1,367

Mechanical

I, II, & III

467

1,043

0

1,510

Plumbing

I, II, & III

431

1,077

0

1,508

Fire

I, II, & III

705

2,274

11

2,990

Totals

2,547

6,455

13

9,015

29 Expired Probationary Certificates

Notices of expiration are sent to each inspector and his or her City or County Manager. 78 probationary certificates expired this quarter without the CEO completing all requirements for a standard certificate.

Trades

Level

Total

Building I, II, & III 16 Electrical I, II, & III 12

Mechanical I, II, & III 28 Plumbing I, II, & III 13

Fire I, II, & III 9 Totals 78

NEW STANDARD INSPECTION CERTIFICATE APPLICANTS

Active City, County, and State Code Enforcement Officials By Area and Level

The following individuals have met the certification requirements of GS 143-151.13(a). These individuals have Certificates of Employment (COEs) filed with City, County, or State inspection departments. Their certificates will become valid as of today.

Building I Averett, James Paul Batson, Zachary Aaron Benton, Tony Lyndon Butler, Gloria Jean Cranford, Julian Edward Evans, Chad L. Gazlay, Steven Paul Haye, Kenyon Jerez, Marjorie Johnson, Michael Slater Jones, Thomas Richard Lawrence, Elijah Proctor Lewis, James Kennith Muse, Stephen Michael Nettles, Wendell Lee Phillips, Brett Gabriel Tomlinson, Clay Royce Building II Allen, Joseph Lloyd Bernesser, Thomas James Graham, Clayton Honeycutt, Bradley Flay McInturf, Scott David Pierce, Leroy Wilson, Daniel Wayne Building III

Ancona, Brandon Carey , Stacey Wayne Davis, Michael Jasper Gray, Randal Lee Honrada, Ricardo Dee Liptok, Karey Ann Massey, Jason Daniel Meares, Bobby Ray Vaughan, Timothy Glenn Whaley, Chris A. Electrical I Hallman, Christopher Luke Holder, Josh Ray Karcher, Francis Marriott, Keith John McCann, Pete Joseph Pulliam, James Darrell Stillwell, Anthony VanHoy, Michael David Electrical II Alexander, John Carlton Barlow, Paul Lester McEachern, David Ray Taylor, Craig Andrew . Electrical III

Edmonds, Joshua Wayne Ivey, David Dwayne Strickland, David Winfield Vaughan, Timothy Glenn Fire I Adell, Joshua Field Batten, David Nicholas Brooks, Jeremy Campbell Carson, Brian Keith Cates, David L. Clayton, Colby Layne Grady, David A. Helms, John Weldon Jones, Brandon Edward Knoch, Daniel Lael, Thomas Wesley Lowe, Jonathan na MacAlpin, Kenneth McGhee, Cameron Michael McLaurin, Justin Thomas Morris, Travis Scott Norris, Anthony T. Patrick, Jacob Lee Sells, Marshall David Silver, Jon Kolby Smith, Dustin Franklin Thompson, Rodney Utt, Logan Walls, Concheta DeHart Webb, Linwood Jett Fire II Barkley, Alan Drew Bullard, Charles Aaron Carpenter, Scott Michael Clark, Tyler Harrell, Ray Overton Hauck, Scott Patrick Holder, Joseph Allen King, Travis James Piper, Jordan Kendall Roper, John Michael Russell, Charles Vance Tschida, Donald Vogler, Philip Christoph Fire III Brittain, Derek Rian Gilliam, Lewis Bradley Head, Kevin Dwayne Hyler, James Jeremiah Jenkins, Jeffrey Leonard Laxton, Christopher David Lombardi, Vincent Robert Marshburn, Michael Bennett Parker, Ryan Lee Perry, Martin Ross Phillips, Donald Bryan Rooks, Laura Stimpson Scantlin, Kyle Ray Wilkes, Ernest Thomas Wright, Gary D. Mechanical I

Dyson, Blake A. Emlinger, Brian William Fish, Megan E. Frazier, Franklin Mitchell Goodman, Ashley Chase Guentner, Gregory Gary Johnson, Timothy Coleman Kelly , Samuel Lee Kiger, Keith David King, Joseph Monte Lawrence, Elijah Proctor Ledbetter, Darren Gene Masese, Cyril Mogire Pate, Crystal Boykin Perry, Joshua Lee Plyler, Kevin Simpson, Jonathan Brent Smith, John Edward Vickers, Robert Daniel Williamson, Eric Cleveland Mechanical II Allen, Joseph Lloyd Berge, James Carter Clinebelle, Robert Ray Deer, John Joseph Keating, Thomas E. McAllister, Jason Lee McIntosh, Jeffrey James Troutman, Bradley Scott Villanella, Louis Joseph Mechanical III Foster, Jess Scott Shaw, Marty Dale Plumbing I Breininger, Victor Al Clark, Ryan Thomas Cook, Michael Charles Gaskin, Michael Wayne Hanson, Staush William Hathcock, Joshua Darrell Humphries, Jonathan Douglas Lawrence, Elijah Proctor Strydom, Sean Walker, Mark Jonathan Woodell, Jeremy Wayne Plumbing II Atwell, Brian Trenton Borgemeister, Justin A. Borrayo, Sergio Burger, Jonathan K. Fox, Jason Lee Giddings, Emmit Jackson Graham, Clayton Gray, Laura Elizabeth Hall, Steve Douglas Jefferson, Tony Wright Williams, Anthony Warren Wilson, Caleb Nicholas Plumbing III

Bray, Michael Farrington, Colton Wayne Jackson, Bishop Lee Scoggins, William Joseph

Shaw, Marty Dale Tatum, Kenneth Lewis Wright, Lehmon Alexander

PRE-QUALIFICATION APPLICANTS MEETING THE STANDARD CERTIFICATION

REQUIREMENTS

Brooks, Zachary Fire I Clement, Dillon Heath Fire I Clodfelter, Wesley Brandon Fire I Houck, Jacob William Fire I Martin, Jason A. Fire I Rose, Brian Kenneth Fire I Roten, Jason Gray Fire I Stark, Ryan Kendall Fire I Whitt, Joshua Blake Fire I Cieslarczyk, Christopher Raymond Fire II Jefferson, Tony Wright Mechanical II Pruss, Daniel Edward Mechanical III

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EDUCATION Williams continues to work with Code Consultants in developing presentations for 2019 Code College Online versions. Standard Online Instructor Course was completed on December 6 with two new instructors. Kevin Lowther (Fire) and Jess Foster (Building). Hejduk and Williams are currently working with the new Residential Change-out inspector certificate working group on course/module development in order to implement and roll-out board mandated course for this standard course. In order to reach the broadest number of potential candidates for this new certificate most effectively, this course is a strong candidate for hybrid teaching both as a classroom and synchronous distance education course to reduce the travel requirements of traditional Standard Certificate courses and increase the availability statewide. Williams is currently developing online course modules within Articulate 360 and Rise 360. The following modules are in development: Residential Change-Out Inspector, NCOQB Certification Program, 2018 NC Mechanical Code Level I, 2018 NC Fuel Gas Code, and CS4162 Fire Code Interpretations. Statistics Period: October 1, 2019 – December 31, 2019

Currently 3,808 standard certificates out of 6,455 have met CE requirements for 2020 (59%)

33

CONTINUING EDUCATION COURSES Courses Submitted Denied 30 Courses Approved 46 Course Rosters Submitted 152 New Con. Ed. Sponsors Approved 3 New Con. Ed. Instructors Approved 2

STANDARD EDUCATION COURSES Area Course

Count Total # Students

(avr. class) Total # Students

Law and Admin 8

Building 12 6 73 Electrical 15 4 63 Fire 23 9 186 Mechanical 7 7 51 Plumbing 7 4 30

Total Courses Held 72 Courses Canceled 5 Standard Courses

Scheduled 59

Standard Course Grades Pending

11

INVESTIGATIONS

Investigations Begun – Not completed 16 cases under investigation

Investigations – Completed Since Last Report

6 cases No Basis in Fact- (dismissed) 7 cases

Basis in Fact 4 cases

34