GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-333
HOUSE BILL 1105
AN ACT to amend the laws regulating refrigeration contractors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 87-58(a) reads as rewritten:
"(a) As applied in
this Article, "refrigeration trade or business" is defined to include
all persons, firms or corporations engaged in the installation, maintenance,
servicing and repairing of refrigerating machinery, equipment, devices and
components relating thereto and within limits as set forth in the codes, laws
and regulations governing refrigeration installation, maintenance, service and
repairs within the State of North Carolina or any of its political
subdivisions. The provisions of this Article shall not repeal any wording,
phrase, or paragraph as set forth in Article 2 of Chapter 87 of the General
Statutes. This Article shall not apply to the replacement of lamps and
fuses and to the installation and servicing of domestic household refrigerators
and freezers or domestic ice-making appliances connected by means of attachment
plug-in devices to suitable receptacles which have been permanently installed.
The provisions of this Article shall not repeal any wording, phrase, or
paragraph as set forth in Article 2 of Chapter 87 of the General Statutes. This
Article shall not apply to any of the following:
(1) The installation of self-contained commercial refrigeration units equipped with an Original Equipment Manufacturer (OEM) molded plug that does not require the opening of service valves or replacement of lamps, fuses, and door gaskets.
(2) The installation and servicing of domestic household self-contained refrigeration appliances equipped with an OEM molded plug connected to suitable receptacles which have been permanently installed and do not require the opening of service valves.
(3) employees
Employees of persons, firms, or corporations or persons, firms or
corporations, not engaged in refrigeration contracting as herein defined, that
install, maintain and service their own refrigerating machinery, equipment and
devices.
(4) The
provisions of this Article shall not apply to any Any person, firm
or corporation engaged in the business of selling, repairing and installing any
comfort cooling devices or systems."
SECTION 2. G.S. 87-58(d) reads as rewritten:
"(d) In order to protect the public health, comfort and safety, the Board shall prescribe the standard of experience to be required of an applicant for license and shall give an examination designed to ascertain the technical and practical knowledge of the applicant concerning the analysis of plans and specifications, estimating cost, fundamentals of installation and design as they pertain to refrigeration; and as a result of the examination, the Board shall issue a certificate of license in refrigeration to applicants who pass the required examination and a license shall be obtained in accordance with the provisions of this Article, before any person, firm or corporation shall engage in, or offer to engage in the business of refrigeration contracting. The Board shall prescribe standards for and issue licenses for refrigeration contracting and for transport refrigeration contracting. A transport refrigeration contractor license is a specialty license that authorizes the licensee to engage only in transport refrigeration contracting. A refrigeration contractor licensee is authorized to engage in transport refrigeration and all other aspects of refrigeration contracting.
Each application for examination shall be accompanied by a
check, post-office money order or cash in the amount of the annual license fee
required by this Article. Regular examinations shall be given in the months
of April and October of each year and additional examinations may be given at
times the Board deems wise and necessary. Any person may demand in writing a
special examination and upon payment by the applicant of the cost of holding
the examination and the deposit of the amount of the annual license fee, the
Board in its discretion will fix a time and place for the examination.Board's
office by appointment."
SECTION 3. G.S. 87-59(b) reads as rewritten:
"(b)
The Board shall adopt and publish guidelines,rules and regulations,
consistent with the provisions of this Article,Article and Chapter
150B of the General Statutes, governing the suspension and revocation of
licenses."
SECTION 4. G.S. 87-59(d) reads as rewritten:
"(d) In a case in which
the Board is entitled to convene a hearing to consider a charge under this
section, the Board may accept an offer to compromise the charge, whereby the
accused shall pay to the Board a penalty not to exceed one thousand dollars
($1,000). The funds derived from the penalty shall be deposited into the General
Fund.remitted to the Civil Penalty and Forfeiture Fund in accordance
with G.S. 115C-457.2."
SECTION 5. G.S. 87-61 reads as rewritten:
"§ 87-61. Violations made misdemeanor; employees of licensees excepted.
Any person, firm or corporation who shall engage in or offer
to engage in, or carry on the business of refrigeration contracting as defined
in this Article, without first having been licensed to engage in the business,
or businesses, as required by the provisions of this Article; or any person,
firm or corporation holding a refrigeration license under the provisions of
this Article who shall practice or offer to practice or carry on any type of
refrigeration contracting not authorized by the license; or any person, firm or
corporation who shall give false or forged evidence of any kind to the Board,
or any member thereof, in obtaining a license, or who shall falsely impersonate
any other practitioner of like or different name, or who shall use an expired or
revoked license, or who shall violate any of the provisions of this Article,
shall be guilty of a Class 2 3 misdemeanor. The Board may, in its
discretion, use its funds to defray the costs and expenses, legal or otherwise,
in the prosecution of any violation of this Article. Employees, while working
under the supervision and jurisdiction of a person, firm or corporation
licensed in accordance with the provisions of this Article, shall not be
construed to have engaged in the business of refrigeration contracting."
SECTION 6. G.S. 87-61.1 reads as rewritten:
"§ 87-61.1.
Board may seek injunctive relief.relief; retain counsel.
(a) Whenever it appears to the Board that any person, firm or corporation is violating any of the provisions of this Article or of the rules and regulations promulgated under this Article, the Board may apply to the superior court for a restraining order and injunction to restrain the violation; and the superior courts have jurisdiction to grant the requested relief, irrespective of whether or not criminal prosecution has been instituted or administrative sanctions imposed by reason of the violation.
(b) The Board may employ or retain legal counsel for matters and purposes the Board deems fit and proper, subject to G.S. 114-2.3."
SECTION 7. Article 5 of Chapter 87 of the General Statutes is amended by adding the following new section to read:
"§ 87-63.1. Ownership of real property; equipment; liability insurance.
(a) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to the approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
(b) The Board may purchase or rent equipment and supplies and purchase liability insurance or other insurance to cover the activities of the Board, its operations, or its employees."
SECTION 8. G.S. 87-64 reads as rewritten:
"§ 87-64. Examination and license fees; annual renewal.
Each applicant for a license by examination shall pay to the Board of Refrigeration Examiners a nonrefundable examination fee in an amount not to exceed the sum of forty dollars ($40.00). In the event the applicant successfully passes the examination, the examination fee shall be applied to the license fee required of licensees for the current year in which the examination was taken and passed.
The license of every person licensed under the provisions of this statute shall be annually renewed. Effective January 1, 2012, the Board may require, as a prerequisite to the annual renewal of a license, that licensees complete continuing education courses in subjects related to refrigeration contracting to ensure the safe and proper installation of commercial and transport refrigeration work and equipment. On or before November 1 of each year the Board shall cause to be mailed an application for renewal of license to every person who has received from the Board a license to engage in the refrigeration business, as heretofore defined. On or before January 1 of each year every licensed person who desires to continue in the refrigeration business shall forward to the Board a renewal fee in an amount not to exceed forty dollars ($40.00) together with the application for renewal. Upon receipt of the application and renewal fee the Board shall issue a renewal certificate for the current year. Failure to renew the license annually shall automatically result in a forfeiture of the right to engage in the refrigeration business. Any licensee who allows the license to lapse may be reinstated by the Board upon payment of a fee not to exceed seventy-five dollars ($75.00). Any person who fails to renew a license for two consecutive years shall be required to take and pass the examination prescribed by the Board for new applicants before being licensed to engage further in the refrigeration business."
SECTION 9. Section 3 of this act becomes effective October 1, 2009. Section 5 of this act becomes effective December 1, 2009, and applies to offenses occurring on or after that date. Section 8 of this act becomes effective January 1, 2012. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 13th day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 9:43 a.m. this 24th day of July, 2009