North Carolina State Board of Refrigeration Examiners

House Bill 1105 was recently passed by the General Assembly and signed into law by Governor Perdue. Changes to the law are summarized as follows:

Section 1 provides that “refrigeration trade or business” does not apply to 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; (2) the replacement of lamps, fuses and door gaskets; and (3) 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.

Section 2 provides that regular examinations for licensing in refrigeration will be given in the Board office by appointment.

Section 3 authorizes the Board to adopt and publish rules and regulations consistent with the provision of GS Chapter 87, Article 5 and GS Chapter 150B. This section will be effective October 1, 2009.

Section 4 provides that when the Board accepts an offer to compromise the charge where the accused pays a penalty (not to exceed $1,000), the penalty is to be remitted to the Civil Penalty and Forfeiture Fund.

Section 5 changes the penalty for violations of Article 5 from a Class 2 misdemeanor to a Class 3 misdemeanor. This section becomes effective December 1, 2009 and applies to offenses occurring on or after that date.

Section 6 authorizes the Board to employ or retain legal counsel for matters and purposes the Board deems fit and proper. The Board is still subject to the statute requiring agencies of the State to obtain written permission from the Attorney General prior to employing private counsel.

Section 7 authorizes the Board to own or otherwise deal with real property in the same manner as a private person or corporation, subject only to the approval of the Governor and Counsel of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income and revenues of the Board. It provides that the Board may rent or purchase equipment and supplies, and purchase insurance to cover its activities, operations or employees.

Section 8 allows the Board to require, as part of the renewal or reinstatement of a license, that licensees completed continuing education in subjects related to refrigeration contracting. This section will be come effective January 1, 2012.

For the complete text of House Bill 1105, please see here.