Not trying to be a wiseguy but doesn't IC stand for indirect contact? You're asking if they can be direct contact. Assume the lightbulb will someday be replaced with the wrong wattage and type causing lots of heat.

Seems like a crafty lawyer would have a field day with this. Regardless of what the codebook says.

Other vendors make shallow highhats that may solve your problem.

Just my 2 cents.