NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 712
SENATE BILL 692
AN ACT TO AMEND ARTICLE 5 OF CHAPTER 87 OF THE GENERAL STATUTES RELATING TO REFRIGERATION CONTRACTORS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 87-52 is rewritten to read:
"§ 87-52. State Board of Refrigeration Examiners; appointment; term of office. — For the purpose of carrying out the provisions of this Article, the State Board of Refrigeration Examiners is created, consisting of seven members appointed by the Governor to serve seven‑year staggered terms. The Board shall consist of one member who is a wholesaler or a manufacturer of refrigeration equipment; one member from an engineering school of The Greater University of North Carolina, one member from the Division of Public Health of The Greater University of North Carolina, two licensed refrigeration contractors, and two members who have no ties with the construction industry to represent the interest of the public at-large. The term of office of one member shall expire each year. Vacancies occurring during a term shall be filled by appointment of the Governor for the unexpired term. Whenever the term 'Board' is used in this Article, it means the State Board of Refrigeration Examiners. No Board member shall serve more than one complete consecutive term."
Sec. 2. G.S. 87-53 is amended by deleting from line 3 of the section the phrase "a citizen of the United States and".
Sec. 3. G.S. 87-59 is amended by designating the existing section as subsection (a) and by adding the following new subsections:
"(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."
Sec. 4. Article 5 of Chapter 87 of the General Statutes is amended by adding the following new sections:
"§ 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 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.
"§ 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."
Sec. 5. Schedule. Members of the State Board of Refrigeration Examiners who are serving on the date of ratification of this act shall continue to serve until their respective terms expire. Upon expiration of the term of the current member who is an employee of the Department of Human Resources, and of the current member who is a wholesaler or a manufacturer (as the case may be) of refrigeration equipment, the Governor shall appoint a public member as the successor to each of those two members. Thereafter, as terms of all members expire the Governor shall appoint a successor to each member from the same group as the person whose term is expiring.
Sec. 6. G.S. 143-34.11 is amended by deleting line 10 of the section which reads:
"Chapter 87, Article 5, entitled 'Refrigeration Contractors.'"
Sec. 7. G.S. 87-53 is hereby amended by deleting the last sentence, beginning at line 4 thereof, and by inserting in lieu thereof the following: "Payment of compensation and reimbursement of expenses of Board members shall be governed by G.S. 93B-5."
Sec. 8. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 30th day of May, 1979.