Does a commercial refrigeration contractor need a county building permit before installing a commercial refrigeration system?
Plain-English summary
The State Board of Refrigeration Examiners asked the AG to confirm a permitting issue. State law requires a refrigeration contractor to hold a license from the Board under G.S. 87-57 before doing refrigeration work. The Board wanted to know whether, in addition to that state license, a contractor also needs a permit from the county inspection department before installing a commercial refrigeration system.
The AG said yes. The reasoning rests on three pieces of statute and code:
First, G.S. 153A-352 spells out the duties of county inspection departments and specifically includes "refrigeration systems" in the list of installations they enforce. That language makes refrigeration installs squarely a county-inspection responsibility.
Second, the North Carolina State Building Code, adopted under G.S. 143-138, regulates commercial refrigeration. Volume III, Chapter 4 of the Code regulates commercial refrigeration systems using vaporizing-fluid coolants, and Volume I-A, Section 3.1.1 prohibits installing any "service system" without first getting a permit. G.S. 143-139(b) puts enforcement of the Code in the hands of the Insurance Commissioner working with county and city officials. Section 2.1 of Volume I-A names county inspectors as Code enforcement officials.
Third, the AG addressed a wording confusion in G.S. 153A-357(3), which talks about a permit for "any heating or cooling equipment system." That phrase is not defined, and a person could argue it excludes commercial refrigeration. The AG rejected that argument. The AG read G.S. 153A-357(4), which requires a permit for the installation of any electrical wiring or equipment, together with the broad duty in G.S. 153A-352 and the refrigeration-licensing requirement in G.S. 87-57, and concluded that the legislature intended county building inspectors to enforce State Building Code refrigeration requirements through the permit process.
The bottom line for a contractor: get the State Board license under G.S. 87-57, and also pull the county permit before starting work. They are separate requirements that both apply.
Currency note
This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
The North Carolina State Building Code has gone through multiple major revisions since 1993 (the Code now follows the International Code Council family of base codes with state-specific amendments). Chapter 87 contractor licensing and the Chapter 153A inspection-department provisions have also been amended. The structural rule the AG identified (commercial refrigeration is within county-inspection jurisdiction and requires both a State Board license and a county permit) has remained consistent in spirit, but the current Code section numbers and permit definitions should be checked before acting.
Common questions
Q: I already have my State Board of Refrigeration Examiners license. Do I really need a county permit too?
A: The opinion's answer was yes. The Board license is your authority to do the work as a trade. The county permit is the local inspection process that confirms the specific installation meets the State Building Code. Two different gates, both apply.
Q: My system is for "cooling," not "refrigeration." Does the permit still apply?
A: The opinion noted that G.S. 153A-357(3) uses the undefined term "cooling equipment system," which could create confusion. The AG read the statutes together and concluded that the legislature meant to cover commercial refrigeration through the permit process. A pure office-space air conditioner is generally treated as a separate category under G.S. 87-58, but a commercial refrigeration system gets pulled in by the broader inspection-jurisdiction language.
Q: Who enforces the State Building Code if I install without a permit?
A: G.S. 143-139(b) puts the Insurance Commissioner in charge of Code enforcement, working with county and city officials. The county inspection department is the local arm. They can stop work, deny final approvals, and refer matters for prosecution under the Code-enforcement provisions.
Q: Does any of this apply to a residential refrigerator or freezer?
A: G.S. 87-58 explicitly excludes "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" from the refrigeration-trade definition. The opinion was specifically about commercial refrigeration systems (the kind with vaporizing-fluid coolants and significant fixed equipment), not household appliances.
Background and statutory framework
North Carolina's regulation of refrigeration work runs on parallel tracks. The trade itself is licensed at the state level by the Board of Refrigeration Examiners under G.S. 87-57. Specific installations are inspected at the county level by the inspection department under G.S. 153A-352. The substantive standards that govern the installation come from the North Carolina State Building Code, which the Building Code Council adopts under G.S. 143-138.
The duties of a county inspection department are set out in G.S. 153A-352:
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; . . .
Refrigeration systems are named expressly. That settled the basic jurisdictional question for the AG.
On the permit-requirement side, the State Building Code itself prohibits installation of any "service system" without a permit (Volume I-A, Section 3.1.1). Volume III, Chapter 4 regulates commercial refrigeration. Reading these provisions together with the inspection-department duty in G.S. 153A-352 and the refrigeration trade license in G.S. 87-57, the AG concluded that the legislature intended county inspectors to enforce the State Building Code's refrigeration requirements through the permit process.
The wording confusion in G.S. 153A-357(3) (the "cooling equipment system" language) was the strongest argument against requiring permits for commercial refrigeration. The AG resolved it by reading the statute in light of the related provisions: G.S. 153A-357(4) covers electrical wiring and equipment (which commercial refrigeration involves), G.S. 153A-352 names refrigeration systems as a county-inspection category, and G.S. 87-57 treats refrigeration as a distinct licensed trade. The AG said the more sensible reading is that the legislature meant to include commercial refrigeration in the permit process.
Citations
- G.S. § 87-57 (State Board of Refrigeration Examiners license requirement)
- G.S. § 87-58 (definition of refrigeration trade and exclusions for office and house air conditioning)
- G.S. § 143-138 (Building Code Council and State Building Code)
- G.S. § 143-139(b) (Insurance Commissioner enforcement of the Code)
- G.S. § 153A-352 (county inspection department duties)
- G.S. § 153A-357(3) (permit requirement language for "heating or cooling equipment system")
- G.S. § 153A-357(4) (permit requirement for electrical wiring and equipment)
- NC State Building Code, Volume I-A, Section 2.1 (Code enforcement officials)
- NC State Building Code, Volume I-A, Section 3.1.1 (permit prerequisite for service systems)
- NC State Building Code, Volume III, Chapter 4 (refrigeration)
Source
Original opinion text
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