September 23, 1993
Ms. Barbara Hines Executive Director State Board of Refrigeration Examiners
P. O. Box 30693 Raleigh, N. C. 27622
RE: Advisory Opinion; Permits for Refrigeration Systems; G.S. §§ 87-57, et seq.; 153A-352 to 357; 143-138 et seq.
Dear Ms. Hines:
You have requested an opinion as to whether a commercial refrigeration contractor must obtain a permit from the county inspection department prior to the installation of a commercial refrigeration system. As noted in your letter, G.S. 87-57 requires that a license be obtained from the State Board of Refrigeration Examiners prior to engaging in the refrigeration business. "Refrigeration trade or business" is defined in G.S. 87-58 as the "installation, maintenance, servicing and repairing of refrigerating machinery, equipment, devices and components…." Excluded from this definition are "…air conditioning units, devices or systems for the purpose of cooling offices, buildings, houses, works, manufacturing plants, or any machinery, manufactured article or processing of material."
The duties and responsibilities of a county inspection department are stated in G.S. 153A-352, in pertinent part, as follows:
The duties and responsibilities of an inspection department and of the inspectors in it are to enforce within the county’s territorial jurisdiction State and local laws and local ordinances and regulations relating to: …The installation of such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems, and air-conditioning systems;…. (Emphasis added)
This provision specifically includes "refrigeration systems" as one of the areas within the jurisdiction of the county inspection department. It is therefore the duty and responsibility of the county inspection department, through the permit process, to enforce State and local laws relating to refrigeration systems.
Chapter 143, Article 9 of the General Statutes establishes the Building Code Council and the North Carolina State Building Code. Pursuant to G.S. 143-138 the Building Code Council is required to adopt a North Carolina State Building Code for the general purpose of establishing "…reasonable rules pertaining to the construction of buildings and structures and the installation of particular facilities therein as may be reasonably necessary for the protection of the occupants of the building or structure, its neighbors and members of the public at large." G.S. 143-139(b) requires the Insurance Commissioner, in cooperation with county and city officials and inspectors, to enforce the Code. Section 2.1 of Volume I-A of the Code requires "Code enforcement officials," which includes county inspectors, to enforce the Code provisions.
Our review of the Code indicates that "refrigeration" is a regulated trade. Volume III, Chapter 4, entitled "Refrigeration," specifically regulates commercial refrigeration systems utilizing vaporizing types of fluids as a coolant. Furthermore, Volume I-A, Section 3.1.1, prohibits the installation of any "service system" without first obtaining a permit. It is therefore our opinion that county building inspectors are required to enforce Code requirements for commercial refrigeration systems through the permit process.
You note in your letter confusion caused by G.S. 153A-357(3) which prohibits the commencement of "…the installation, extension, alteration, or general repair of any heating or cooling equipment system…without securing from the county inspection department permits required by the State Building Code and any other State or local law or ordinance." (Emphasis Added) Inasmuch as the term "cooling equipment system" is not defined by this section, an argument can be raised that the permit process does not apply to commercial refrigeration systems. G.S. 153A-357(4), however, requires a permit for "[t]he installation, extension, alteration, or general repair of any electrical wiring, devices, appliances, or equipment…." It is therefore our opinion that G.S. 153A-352, when read in conjunction with the licensing requirements of G.S. 87-57, more clearly reflects an intent by the legislature that the State Building Code requirements regarding refrigeration should be enforced through the permit process.
Should you require further assistance, please contact us.
Reginald L. Watkins Senior Deputy Attorney General
Grayson G. Kelley Special Deputy Attorney General