§ 151.37. HEATING, AIR CONDITIONING AND VENTILATING LICENSES.  


Latest version.
  • (A) Required.
    (1) No person shall perform or cause to be performed within the county any installation, maintenance, alteration or repair of any heating, air conditioning or ventilating equipment or system without obtaining, in advance, a license from the county.
    (2) A heating, air conditioning and ventilating contractor’s license may be issued to a person who is principally engaged in the business of heating, air conditioning or ventilating contracting. This license entitles the holder and his or her employees to perform heating, air conditioning and ventilating contracting work and to sell approved heating, air conditioning and ventilating apparatus and devices.
    (B) Application. Each applicant shall apply in writing to the Board for a license at least 30 days before the next scheduled examination date. The application shall include:
    (1) The name of applicant;
    (2) The name and address of applicant’s business;
    (3) Each applicant for a license must also furnish letters from former employers or a union to show that the applicant has had not less than four years’ or equivalent experience in the installation, repair and maintenance of heating, air conditioning, and ventilating equipment or systems;
    (4) Evidence of the applicant’s age being at least 21 years;
    (5) A statement of whether or not the applicant has ever been convicted of a misdemeanor or felony, and if so, the crimes convicted of and the dates and places of the convictions; and
    (6) Payment of an examination fee as set forth in the Appendix: Schedule of Fines and Fees.
    (C) Examination. To qualify for a new license, an applicant must pass a written examination given by the Board or a professional testing company or organization. The examination shall consist of not less than 25 questions testing the applicant’s knowledge of the mechanical requirements for the installation, maintenance, alteration or repair of heating, air conditioning and ventilating equipment and systems as specified in the Indiana Mechanical Code. The Department shall keep a complete record of each examination for three years after the date of the examination. An applicant who fails to pass an examination may be reexamined upon submitting a new application in compliance with §§ 151.35 through 151.38. An applicant who passes the examination shall not be required to retake the examination to obtain a license renewal, if he or she meets the renewal requirements of division (G)(2) below.
    (D) Surety bond. Each applicant for a Class A license must also provide a surety bond, payable to the county in the penal sum of $5,000, conditioned upon faithful compliance with the provisions of the Building Code as it pertains to the regulations of heating, air conditioning and ventilating work and apparatus and agreeing to pay all damages, costs and expenses caused by negligence of the licensee through failure to comply with such provisions.
    (E) Issuance of certificate.
    (1) The Board shall examine the application, the accompanying documentation and other information provided, and the examination results, and shall recommend the granting or denying of the license. Appeal from the denial, suspension or revocation of any license by the Board shall be made according to applicable state statute.
    (2) A license shall be issued to any applicant approved by the Board, who has complied with all requirements of the application, including but not limited to the filing of a bond and payment of the prescribed license fee.
    (3) Each license shall specify the name of the person to whom the license is issued, the company name under which the licensee does business, the business address, and the expiration date of the license. The license shall be posted in a conspicuous place in the licensee’s principal place of business.
    (F) Nontransferability. Any license issued under this article is nontransferable to another person, and it shall be unlawful to loan or transfer the license to the use of any person other than the person in whose name the license is issued.
    (G) Term of license; renewal.
    (1) Term. The term of each license under this chapter is for one year commencing on the effective date of the surety bond.
    (2) Renewal.
    (a) A person is eligible for a renewal license if he or she holds a valid and unrevoked license under this chapter and renews the license on or before its expiration date.
    (b) A person is also eligible for a renewal license if he or she has held a valid and unrevoked license, which has expired within the previous six months. Under these circumstances, a renewal license will be granted, but the fee will be increased to the fee required for a new license.
    (c) A renewal license will not be granted to any person whose previous license has expired for more than six months. Under these circumstances, application must be made and all requirements met for a new license as set out above.
    (H) Exemption.
    (1) No license under this chapter is required for the sale, installation, use, maintenance, alteration or repair of window air conditioning units of two horsepower or less or of electric baseboard cable or panel heating units.
    (2) The performance of heating, air conditioning and ventilating systems in a single-family dwelling by the owner-occupant of the dwelling; provided, however, that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform the heating, air conditioning and ventilating work on that dwelling.
    (I) License fees. Fees for new and renewal of licenses are as set forth in the Appendix: Schedule of Fines and Fees.
    (J) Inactive licenses.
    (1) Any heating and air conditioning contractor previously holding a Class A license and who is presently employed by a government agency as an inspector within a building department may maintain an inactive license.
    (2) The term of an inactive license under this subchapter is from the date of issuance of the license and for 12 months thereafter.
    (3) License fees are as set forth in the Appendix: Schedule of Fines and Fees.
    (K) Termination of license holder.
    (1) In the event that the license holder leaves the employment of a business firm, company or corporation, that business firm, company or corporation shall have 30 days to secure another license holder. A new license shall be issued in accordance with the provisions set forth in this section.
    (2) In the event of a death of the license holder, the business firm, company or corporation shall have six months to secure another license holder. A new license shall be issued in accordance with the provisions set forth in this section.
    (1981 Code, § 6.13.030) (Ord 1-96, passed - -1996; Ord. 89-98, passed 9-15-1998; Ord. 118-04, passed 10-12-2004; Ord. 123-2000, passed 10-10-2000; Ord. 14-09, passed 2-10-2009)