G.S. 87-53. Removal, qualifications and compensation of members; allowance for expenses. - The Governor may remove any member of the Board for misconduct, incompetency or neglect of duty. Each member of the Board shall be a resident of this State at the time of his appointment. Payment of compensation and reimbursement of expenses of Board members shall be governed by G.S. 93B-5.
G.S. 87-54. Organization meeting; officers; seal; rules. - The Board shall within thirty days after its appointment meet in the city of Raleigh and organize, and shall elect a chairman and secretary and treasurer, each to serve for one year. Thereafter said officers shall be elected annually. The secretary and treasurer shall give bond approved by the Board for the faithful performance of his duties, in such sum as the Board may, from time to time, determine. The Board shall have a common seal, shall formulate rules to govern its actions, and is hereby authorized to employ such personnel as it may deem necessary to carry out the provisions of this article.
G.S. 87-55. Regular and special meetings; quorum. - The Board after holding its first meeting, as herein before provided, shall thereafter hold at least two regular meetings each year. Special meetings may be held at such times and places as the bylaws and/or rules of the Board may provide; or as may be required in carrying out the provisions hereof. A quorum of the Board shall consist of four members.
G.S. 87-56. Record of proceedings and register of applicants; reports. - The Board shall keep a record of its proceedings and a register of all applicants for examination, showing the date of each application, the name, age and other qualifications, place of business and residence of each applicant. The books and records of the Board shall be prima facie evidence of the correctness of the contents thereof. On or before the first day of March of each year the Board shall submit to the Governor a report of its activities for the preceding year, and file with the Secretary of State a copy of such report, together with a statement of receipts and expenditures of the Board attested by the chairman and secretary.
G.S. 87-57. License required of persons, firms or corporations engaged in the refrigeration trade. - In order to protect the public health, safety, morals, order and general welfare of the people of this State, all persons, firms or corporations, whether resident or nonresident of the State of North Carolina, before engaging in refrigeration business or contracting, as defined in this Article, shall first apply to the Board and shall procure a license.
G.S. 87-58. Definitions; contractors licensed by Board;
examinations. - (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. 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
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. The provisions of this Article
shall not apply to any person, firm or corporation engaged in the
business of selling, repairing and installing any comfort cooling
devices or systems.
(b) The term 'refrigeration contractor' means a person, firm, or
corporation engaged in the business of refrigeration
contracting.
(b1) The term 'transport refrigeration contractor' means a person,
firm or corporation engaged in the business of installation,
maintenance, servicing, and repairing of transport
refrigeration.
(c) Any person, firm or corporation who for valuable consideration
engages in the refrigeration business or trade as herein defined
shall be deemed and held to be in the business of refrigeration
contracting.
(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.
(f) Licenses Granted without an Examination. - Persons who had an
established place of business prior to July 1, 1979, and who
produce satisfactory evidence that they are engaged in the
refrigeration business as herein defined in any city, town or other
area in which Article 5 of Chapter 87 of the General Statutes did
not previously apply shall be granted a certificate of license,
without examination, upon application to the Board and payment of
the license fee, provided completed applications shall be made
prior to June 30, 1981.
(g) The current license issued in accordance with the provisions of
this Article shall be posted in the business location of the
licensee, and its number shall appear on all proposals or contracts
and requests for permits issued by municipalities.
(h) A transport refrigeration contractor having an established
place of business doing transport refrigeration contracting prior
to October 1, 1995, shall be granted a transport refrigeration
contracting specialty license, without examination, if the person
produces satisfactory evidence the person is engaged in transport
refrigeration contracting, pays the required license fee, and
applies to the Board prior to January 1, 1997. The current
specialty license shall be posted in accordance with subsection (g)
of this section.
(i) Nothing in this Article shall relieve the holder of a license
issued under this section from complying with the building or
electrical codes, statutes, or ordinances of the State or of any
county or municipality or from responsibility or liability for
negligent acts in connection with refrigeration contracting work.
The Board shall not be liable in damages, or otherwise, for the
negligent acts of licensees.
(j) The Board in its discretion upon application may grant a
reciprocal license to a person holding a valid, active
substantially comparable license from another jurisdiction, but
only to the extent the other jurisdiction grants reciprocal
privileges to North Carolina licensees.
G.S. 87-59. Revocation or suspension of license for cause. - (a)
The Board shall have power to revoke or suspend the license of any
refrigeration contractor who is guilty of any fraud or deceit in
obtaining a license, or who fails to comply with any provision or
requirement of this Article, or for gross negligence, incompetency,
or misconduct, in the practice of or in carrying on the business of
a refrigeration contractor as defined in this Article. Any person
may prefer charges of fraud, deceit, gross negligence,
incompetency, misconduct, or failure to comply with any provision
or requirement of this Article, against any refrigeration
contractor who is licensed under the provisions of this Article.
All charges shall be in writing and verified by the complainant,
and shall be heard and determined by the Board in accordance with
the provisions of Chapter 150 B of the General Statutes.
(b) The Board shall adopt and publish guidelines, consistent with
the provisions of this Article, governing the suspension and
revocation of licenses.
(c) The Board shall establish and maintain a system whereby
detailed records are kept regarding complaints against each
licensee. This record shall include, for each licensee, the date
and nature of each complaint, investigatory action taken by the
Board, any findings of the Board, and the disposition of the
matter.
(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.
(e) All records, papers, and other documents containing information
collected and compiled by the Board, or its members or employees,
as a result of investigations, inquiries, or interviews conducted
in connection with a licensing or disciplinary matter, shall not be
considered public records within the meaning of Chapter 132 of the
General Statutes.
G.S. 87-60. Re-issuance of revoked licenses; replacing lost or destroyed licenses. - The Board may in its discretion re-issue license to any person, firm or corporation whose license was revoked if a majority of the Board votes in favor of such re-issuance for reasons deemed sufficient by the Board. A new certificate of registration to replace any license which may be lost or destroyed may be issued subject to the rules and regulations of the Board.
G.S. 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 misdemeanor. The Board may, in its discretion, use its funds to defray the cost 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.
G.S. 87-61.1. Board may seek injunctive relief. - Whenever it appears to the Board that any person, firm or corporation is violating any of the provisions of this Article or 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.
G.S. 87-62. (a) A corporation or partnership may engage in the
business of refrigeration contracting if one or more persons
connected with the corporation or partnership is registered and
licensed as herein required, and the licensed person executes all
contracts, exercises general supervision over the work done
thereunder and is responsible for compliance with all the
provisions of this Article. The Board may determine the number of
businesses and the proximity of the businesses one to another over
which the licensed person may be responsible.
(b) For purposes of this section, the licensee's connection to the
corporation or partnership shall be in the form of a written
contract that is executed prior to the corporation or partnership
engaging in refrigeration contracting.
(c) Nothing in this Article shall prohibit any employee from
becoming licensed pursuant to the provisions thereof.
G.S. 87-63. License fees payable in advance; application of. - All license fees shall be paid in advance as hereafter provided to the secretary and treasurer of the Board and by him held as a fund for the use of the Board. The compensation and expenses of the members of the Board as herein provided, the salaries of its employees, and all expenses incurred in the discharge of its duties under this Article shall be paid out of such fund, upon the warrant of the chairman and secretary and treasurer: Provided, upon the payment of the necessary expenses of the Board as herein set out, and the retention by it of twenty-five per centum (25%) of the balance of funds collected hereunder, the residue, if any, shall be paid to the State Treasurer.
G.S. 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. 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.
G.S. 87-64.1. Public awareness program. - The Board shall establish and implement a public awareness program to inform the general public of the purpose and function of the Board.