Interpretive Statements
Interpretation of Insulated Panel Structure Under G.S. 87-58
Under G.S. 87-58, which defines refrigeration trade or business, an insulated panel structure becomes a refrigerated structure when the evaporator coil is installed and falls under the authority of the Board.
Interpretation of the meaning of 'connection' as used in G.S. 87-62
Under G.S. 87-58, Licensed General Contractors shall not be deemed to be offering or rendering refrigeration contracting services when bidding on general contracts unless or until there is a contract for the specific refrigeration services and/or application for a permit that includes such services, or the contract in question is substantially a refrigeration contract.
Interpretation of the meaning of 'connection' as used in G.S. 87-62. In context, the term 'in connection' means having a legal relationship which, by law, would impose direct legal liability for contractual obligations and regulatory compliance. Such persons would only include sole proprietors, partners, employees or corporate officers. Unless otherwise evidenced in writing, independent contractors would not be 'connected'. Subcontractors could be connected but only if there is a written agreement documenting the legal relationship.
Interpretative Statement Regarding Geothermal Refrigeration Installations
With the increased acceptance of geothermal refrigeration system installations, there has been a misunderstanding on the licensing requirements of these installations. There is a commonly held belief in the industry that well contractors can perform the piping installations on geothermal installations, whether vertical or horizontal. The act of drilling the well and grouting the well casing is not governed by our licensing board; however, the actual installation of the piping is regulated by the Board's Laws and Rules.
It is illegal for a well contractor to contract the geothermal piping installation even if the geothermal piping installation is subcontracted to a licensed refrigeration contractor. In addition it is illegal for a licensed refrigeration contractor to subcontract these installations from a well contractor.
Well contractors can only contract or perform that which is classified as well construction activities through their board.
--Questions or concerns should be addressed to the Board office.