Special Rules for Air Conditioner Coils or Condensers
It is a Class A misdemeanor (and possibly other criminal offenses) for a scrap metal dealer to pay cash to a person who presents an air conditioner evaporator coil or condenser, in whole or in part, for sale as scrap, or for such dealer to make payment of any kind at the time of the transaction.
Such may only be sold for scrap by an authorized agent, representative or employee of one of the following:
- A licensed HVAC contractor ( "licensed HVAC contractor" means a person holding a license from the state board for licensing contractors with a CMC, MC, CMC-C or MC-C classification) who acquired the evaporator coil or. condenser in the performance of contracting as defined in § 62-6-102;
- In a jurisdiction exempt from the requirements of Title 68, Chapter 120,of the Tennessee Code, by the provisions of T.C. A. § 68-120-101, a company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers;
- In a jurisdiction exempt from the requirements of Title 68, Chapter 120, Tennessee Code, by the provisions of T.C.A. § 68-120-101, where the exempt jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, by a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer;
- In a jurisdiction not exempt from the requirements of Title 68, Chapter 120, Tennessee Code, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer.
The person offering the air conditioner evaporator coil or condenser for sale as scrap must possess documentation that the company for whom it is being sold is a company described above and that the person selling the evaporator coil or condenser is an authorized agent, representative or employee of that company.
Payment must be made by check or money order, mailed to the business address of the company for whom the metal is being sold, and the name of such company must be the payee on the check.