What @mtngoat2674 said. There are at least two major certification agencies that have recreational levels in excess of 40m.
Using an arbitrary depth limit to discern a recreational dive from a technical dive falls apart pretty quickly.
Neither of your assertions are accurate. 130+ feet doesn’t mean it’s a technical dive, and in the absence of this fact, your second assertion can not be true. If there is nothing preventing a direct ascent or the surface, it is not a technical dive. And by simply varying the settings of the algorithm you are using to determine no-decompression limits and/or stops, you can quite easily turn a recreational dive into one requiring decompression stops, or alternatively, turn a dive requiring mandatory decompression into one with no required stops.
But we’re getting off topic, hence the brevity of my previous post.