Chapter 5.70
CONTRACTORS1
Sections:
5.70.020 License nontransferable.
5.70.030 Licensing – Definitions.
5.70.040 License or certification required.
5.70.050 Licensing and Disciplinary Board.
5.70.060 Application requirements.
5.70.070 Bond and insurance requirements for licenses.
5.70.080 Licensing of tradesmen.
5.70.100 Withdrawal certificate.
5.70.110 Temporary homeowner contractor.
5.70.130 Registration of apprentices.
5.70.150 Board of Examiners of HVAC, Steam Fitters, and Refrigeration Installers.
5.70.170 Board of Examiners of Construction and Roofing.
5.70.190 Registration of apprentices.
5.70.010 Limited license.
(A) The provisions of EMC 5.70.030 through 5.70.160 pertaining to licenses shall not apply to nor govern work by any employee doing such work on the premises owned by his employer. However, the employer of the designated employee, desiring to do the work through his regular employee, shall join with the designated employee in an application to the Board of Examiners of the Building Department for a limited license for the designated employee. The designated employee shall appear in person before the board and shall qualify. If the board is satisfied that the designated employee has the necessary qualifications for the work to be done, then the board shall approve a limited license to the employee for the designated employer.
(B) The limited license and annual renewals thereof, for the designated employee to do covered work solely for his employer, shall be issued upon the payment to the Department of Buildings of the fee established in EMC 5.70.080(F), and without the execution of any bond. The work that may be done under the limited license shall be solely that of the employer in, on, or about the employer’s premises and shall consist of maintenance work only, except as provided in subsection (D) of this section.
(C) The board shall keep a record showing the name and address of each person to whom a limited license is granted. If any designated employee named in any limited license issued to any person shall cease to be an employee of the person, firm, or corporation, the person, firm, or corporation shall be required to make a new application the same as if he, they or it had never been granted a limited license by the board. All limited licenses and renewals issued hereunder shall expire on December 31st of each year.
(D) An Indiana-licensed architect or engineer may be issued a limited licensed professional contracting license and obtain permits solely for the purpose of managing, supervising or contracting construction projects in, on, or about the employer’s premises. No new or modified plumbing, HVAC or electric installation shall be made except by those properly licensed under EMC 5.70.030 through 5.70.180 and with proper permits and inspections. [Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.12; 1982 Code § 150.035; 1983 Code § 15.150.035.]
5.70.020 License nontransferable.
No license or limited license granted under the provisions of EMC 5.70.030 through 5.70.160 shall be assignable or transferable, and every license or renewal of the license shall specify the name of the person, firm, or corporation to whom it is issued and the name of the officer or representative qualifying. If the person or representative named in the license or renewal thereof, qualifying as master electrician or limited licensee, shall cease to be a representative of the firm or corporation, then all rights of the firm or corporation under the license or renewal thereof shall cease, and the firm or corporation shall be required to make a new application to the Board of Examiners of the Building Department as provided in EMC 5.70.010, the same as if it had never been granted any certificate or license by the board. [1962 Code § 1325.15; 1982 Code § 150.037; 1983 Code § 15.150.037.]
5.70.030 Licensing – Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Brick and masonry contractor (BMC)” means a person qualified to install, maintain, repair or alter brick, block or other masonry materials including glass block and accessories necessary for support and moisture resistance.
“Building contractor” means a person engaged in the business of or holding themselves out to the public as engaged in the business of wrecking, constructing, installing, repairing, remodeling, or servicing any structural or nonstructural portions of any multifamily residential, commercial, or industrial building, including all roof coverings and site work.
“Building insulation contractor (BIC)” means a person qualified to install, maintain or repair any insulation product used to prevent heat loss or gain in buildings.
“Concrete footing and flatwork contractor (CFF)” means a person qualified to form, pour, place and finish only concrete flatwork and footings, including, but not limited to, mesh reinforcement, vapor barriers, slab insulation and crack control joints.
“Drywall partition contractor (DPC)” means a person qualified to install, repair and finish gypsum, nonload-bearing wood or metal stud partitions, and all types of ceiling grids systems and tile. Includes associated insulation, spray-on fireproofing and exterior insulating finish systems.
“Elevator and escalator contractor (EEC)” means a person qualified to construct, install, maintain and repair any elevator, dumbwaiter or escalator.
“Excavating contractor (EXC)” means a person qualified to place and remove soil, sand, gravel, etc., and install all necessary protective measures to prevent failure of excavations.
“Fire alarm contractor” means a person, firm, or corporation engaged in, carrying out the business of, or holding themselves out to the public as engaged in the business of installing, altering, repairing, or extending fire alarm systems (limited to low voltage circuits).
“Fire sprinkler contractor” means a person, firm, or corporation engaged in, carrying out the business of, or holding themselves out to the public as engaged in the business of installing, altering, repairing, or extending fire sprinkler systems, including connections to water service outlets provided for fire sprinkler systems.
“Flammable liquid tank and piping contractor (FLC)” means a person qualified to install, maintain, repair, alter or extend any system used for storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures to be used solely in connection with gasoline filling stations dispensing fuel to mobile vehicles or marine equipment; provided, however, that bulk plants shall not be a part of the scope of such work.
“Glass and glazing contractor (GGC)” means a person qualified to cut, assemble and install all types of glass including frames, panels, sashes and doors, mirrors and tub or shower enclosures.
“Journeyman electrician” means a workman qualified and competent in the trade of electrician and who is employed by a registered and licensed master electrician.
“Journeyman heating, ventilating and air conditioning installer” (hereafter “HVAC”) means a person who is duly qualified to do work on those installations as are enumerated in the definition of “master heating, ventilating and air conditioning installer” in this section, under the direction and supervision of a master heating, ventilating and air conditioning installer.
“Journeyman plumber” means a workman who is qualified and competent in the trade of plumbing and who is employed by a registered and licensed plumber.
“Journeyman refrigeration installer” means a workman qualified and competent in the trade of refrigeration installing and who is employed by a registered and licensed master refrigeration installer.
“Journeyman sign erector” means a workman qualified and competent in the trade of sign erection and wiring who is employed by a registered and licensed sign contractor.
“Journeyman steam fitter” means any person who is duly qualified to perform work on the constructing, installing, repairing, or servicing of boilers or piping, heating or cooling coils connected therewith, or any cooling, piping, or equipment in air conditioning systems, in connection with which the heating is accomplished by means of a steam, vapor, or hot water heating plant or in connection with a fan heating system, or refrigerating systems, under the direction and supervision of a master steam fitter.
“Limited licensed professional contractor (LPC)” means a person registered in Indiana as an architect or professional engineer who may manage, supervise, or contract for work solely upon their employer’s premises.
“Limited roofing contractor” means a person, firm or corporation engaged in, carrying out the business of, or holding themselves out to the public as engaged in the business of contracting to construct, install, repair, patch, replace or perform any work on residential or residentially zoned steep roofs or roofing including composition shingles, shakes, slate, roll roofing, pre-formed metal roof panels, pre-formed gutters, and flashings on one- or two-family dwellings, residential and agricultural buildings.
“Limited swimming pool contractor (LSC)” means a person qualified to install only aboveground pools, including pumps, heaters, filters, and associated piping.
“Manufactured home installer” means a person who possesses an active State of Indiana manufactured home installer’s license issued pursuant to IC 25-23.7-1 and is qualified to install and repair the foundation and anchoring system in manufactured home communities, the finishes necessary for installing multi-sectional units and to install skirting for mobile/manufactured homes in parks and masonry curtain walls required outside of parks. All persons working under the MHI registered contractor must be employees of the license holder or the company he holds the license for.
“Manufactured home repairman” means a person who only performs repairs and maintenance to manufactured housing and mobile homes, excluding Indiana-certified modular or conventional construction, including nonstructural repairs and replacement of windows, doors, siding, roofing, skirting, interior repairs to walls and ceilings, changing faucets, receptacles, switches, light fixtures and other nonstructural items. This classification does not permit the installation of a manufactured home, installation of additions, decks, porches, etc. This classification is not applicable to factory authorized personnel for repairs done without cost to the owner in the fulfillment of factory warrantee obligations.
Master. The term “master” may only be used in conjunction with any of the licensed categories herein when the applicant has passed the appropriate trade master level test administered by the Department of Buildings.
“Master electrician” includes any person, firm, or corporation engaged in the business of, or holding themselves out to the public as engaged in the business of, installing or repairing or contracting to install or repair wires, conductors, and equipment used for the transmission or use of electric current.
“Master heating, ventilating and air conditioning installer” (hereafter “HVAC”) means a person engaged in or carrying on the business of installing, altering, repairing, or servicing gravity and warm air heating systems, comfort air conditioning systems utilizing high temperature refrigerants with individual compressors not exceeding 10 tons when field piping is required, ventilating systems and duct work, sheet metal work and equipment in connection with fan heating systems in buildings or structures, and architectural sheet metal, flashings and curbs. This license shall not permit work on any air conditioning system without an EPA CFC Certification or on any low or medium temperature refrigerant comfort A/C systems or systems utilizing water or steam in connection with heating or cooling.
“Master plumber” means any person duly registered as required by EMC 5.70.040, and engaged in the business of contracting for the installation, either directly or indirectly, of water supply distributing pipes, fixtures and fixture taps, or other apparatus for bringing in the water supply and removing liquid in water-carried waste, within buildings, or engaged in repairs to the water system for which a permit is required. Registration shall be required for this work on any premises, except that no registration will be required for this work on a sewer or disposal system on any premises within the City beyond the point of first connection from the building foundation of the building located on the premises.
“Master refrigeration installer” means any person engaging in or carrying on the business of the constructing, installing, repairing, or servicing of air conditioning equipment.
“Master steam fitter” means any person engaged in or carrying on the business of the constructing, installing, repairing, or servicing of boilers or piping, heating or cooling coils connected therewith, or any cooling, piping, or equipment in air conditioning systems in connection with which the heating is accomplished by means of a steam, vapor, or hot water heating plant or in connection with a fan heating system, or refrigerating systems.
“Piling and caisson contractor (PCC)” means a person qualified to install, alter, maintain or repair foundation pilings and caissons.
“Residential contractor” means a person engaged in the business of or holding themselves out to the public as engaged in the business of wrecking, constructing, installing, repairing, remodeling, or servicing any structural or nonstructural portions of any one- or two-family dwelling and residential or agricultural building, including all residential roof coverings and site work.
“Residential remodeling contractor (RRC)” means a person qualified to remodel, alter (nonstructurally) repair and maintain existing residential property including houses, condominiums, and apartments, which are limited to repairs, fabricating, installation, maintenance or alteration of drywall, plaster, paneling, siding, soffets, gutters and awnings, floor decking, doors and windows.
“Residential specialty subcontractor” means a person engaged in the business of or holding themselves out to the public as engaged in the business of doing nonstructural specialty work on residential properties only.
“Siding and guttering contractor (SGC)” means a person qualified to fabricate, install, maintain, repair, alter or extend siding, soffets, gutters, flashings, awnings, and above-grade portions of prefabricated rooms, patio covers or carports.
“Special subcontractor (SPC)” means a person qualified by license in trade not regulated by this section in another jurisdiction to do one project only per year within Vanderburgh County.
“Structural steel contractor (SSC)” means a person qualified to install, erect or modify structural steel shapes for any building including welding or other methods of fasteners. The scope of this license includes erection of pre-engineered steel buildings, and shall include steel siding, roof covering and associated insulation of pre-engineered steel buildings.
“Swimming pool contractor (SPC)” means a person qualified to excavate, construct, fabricate, install and equip all swimming pools, including the pumps, filters, chlorinator, piping and associated concrete including deck.
“Temporary sign erector” means a qualified person, firm or corporation engaged in, or carrying out the business of, or holding themselves out to the public as engaged in the business of sign erection and wiring that wishes to operate in the City on a temporary or “one-time-only” basis.
“Tile and marble contractor (TMC)” means a person qualified to set tile or marble in any type of building.
“Underground utilities contractor (UUC)” means a person qualified to install, maintain, repair, alter or extend any system of piping, tubing, vessels, containers, pumps, apparatus, and appurtenances in connection with such pressure piping used for the circulating, transporting, holding or processing of any vapor, fluid, liquid, semiliquid or solids, except gas.
“Unlimited concrete contractor (UCC)” means a person qualified to properly batch and place concrete, erect vertical or horizontal forms, and install associated reinforcement.
“Unlimited roofing contractor” means a person, firm, or corporation engaged in, or carrying out the business of or holding themselves out to the public as engaged in the business of contracting to construct, install, repair, patch, replace or perform any work on any residential or commercial/industrial roofing, including but not limited to shingles, EPDM, hot mop, modified, preformed or standing seam metal roof coverings, curbs, flashings and architectural sheet metal.
“Waterproofing contractor (WPC)” means a person qualified to install, alter, maintain or repair waterproofing systems for buildings.
“Wood framing contractor (WFC)” means a person qualified to install any wood products in or on a building including, but not limited to, rough framing, trusses, sheathing, doors, windows, and finished carpentry. [Ord. G-2017-22 § 1, passed 8-29-17; Ord. G-2012-4 § 1, passed 2-28-12; Ord. G-2008-37 § 1, passed 1-8-09; Ord. G-2006-12, passed 6-20-06; Ord. G-98-20, passed 7-6-98; Ord. G-94-31, passed 1-24-95; Ord. G-93-23, passed 12-7-93; Ord. G-83-56, passed 12-12-83; Ord. G-73-15, passed 6-25-73; Ord. 2623, passed 11-18-63. 1962 Code § 1311.01; 1982 Code § 150.125; 1983 Code § 15.150.125.]
5.70.040 License or certification required.
(A) No person shall do any work designated under EMC 5.70.030 through 5.70.160 or any other section of this chapter without first having obtained the required license or certificate as may be required under this chapter. Persons required to obtain a license and certificate pursuant to this chapter shall include, but not be limited to, all persons in or practicing the following trades or crafts:
Electrical, building moving, HVAC, steam fitting, refrigeration installing, sign erection, building wrecking, building construction, repairs, remodel, alteration, roofing, fire sprinkler installer, fire alarm installers, swimming pool contractors, limited swimming pool contractor, wood framing contractor, unlimited concrete contractor, concrete footing and flatwork contractor, brick and masonry contractor, drywall partition contractor, building insulation contractor, siding and guttering contractor, glass and glazing contractor, residential remodeling contractor, structural steel contractor, excavating contractor, tile and marble contractor, elevator and escalator contractor, special subcontractor, flammable liquid tank and piping contractor, manufactured home repairman, piling and caisson contractor, underground utilities contractor, and waterproofing contractor. All contractors, journeymen or apprentices holding a valid trade license issued by the State of Indiana shall register with the Building Commission.
(B) The provisions of this section shall not apply to homeowners, within the limitations as set forth in EMC 5.70.110 for the issuance of permits for homeowners, performing their own repair work on a one-family residence.
(C) All persons holding a properly issued master’s license or journeyman certificate which is currently effective or has been issued or reissued during the year prior to the enactment of this chapter shall automatically qualify for a master’s license or journeyman certificate, as the case may be, without reexamination, but shall be subject to the continuing education requirement. All persons who have successfully passed the required master’s test for a licensed category may utilize the word “master” shall be added to the license.
(D) No business entity, including, but not limited to, a sole proprietorship, partnership, corporation, limited liability partnership, limited liability company, or other entity recognized under the laws of the State of Indiana, shall practice or perform any craft or trade listed in subsection (A) of this chapter unless an owner, officer, or full-time employee shall possess a valid license therefor issued under this chapter. For the purposes of this subsection (D), “full-time employee” shall mean a person who performs not less than an average of 35 or more hours of service to the business entity per calendar week, excluding company-recognized holidays, sick leave, vacations, or other time off under the business entity’s personnel policy.
Prior to practicing any craft or trade, a business entity shall obtain a certificate of registration in the name of the business entity from the Department of Buildings. Said certificate of registration application shall be completed under oath, signed by the person holding the craft or trade license, and shall contain the following information:
(1) Name of the business entity;
(2) Permanent business address, local business address and telephone number of the business;
(3) Whether the person completing the application is a full-time employee, officer or owner of the business entity;
(4) Name, permanent address, local address and local telephone number of the person holding the trade or craft license hereunder who is completing this registration;
(5) Craft or trade license which the person completing the application has been issued under this code; and
(6) Any other information deemed necessary by the Building Commissioner to aid in enforcement.
(E)(1) It shall be a violation of this chapter for a company or individual to subvert the licensing and permit requirements established by this chapter by employing an individual or another contractor holding the required licenses for the sole purpose of avoiding the requirements of this code when the company and/or its employees cannot meet the requirements for obtaining master’s or journeyman licenses or for registration as apprentices. Such actions shall constitute the act of “piggybacking” which shall be a violation of this code. All persons doing work requiring a license to obtain a permit to do the work shall be the licensee, an employee of the licensee, or an employee of a company that legitimately employs the licensee for the practice of his craft. All nonlicensed employees performing such work are required to be under the immediate direction and control of the person having the license. When a licensee obtains a permit to do the work, an officer of the company employing the licensee shall sign an affidavit, as part of the application for a permit, stating that the licensee is a bona fide employee of the company and agreeing that all persons doing work under that permit are bona fide employees of the permit holder/company. It shall be a violation to fail to comply with the provisions of this subsection.
(2) The Licensing and Disciplinary Board shall, upon its own motion or at the request of the Building Commissioner or upon the written complaint of any individual, investigate allegations of piggybacking. Such investigation may include subpoenaing records of the licensee, employee and/or employer, subpoenaing individuals to give testimony, and subpoenaing any other information that is pertinent to the investigation. Information subpoenaed during the course of an investigation by the Licensing and Disciplinary Board shall remain confidential and open for inspection only to the Building Commissioner, Mayor, City Attorney’s office, and City Engineer, except where litigation has been commenced or when required by State law.
Upon a finding that the act of piggybacking has occurred, the board shall deny or revoke the permit that has been issued, and/or revoke for up to one year, or suspend for not less than three months, the license of any master or journeyman or registration of the apprentice participating in such prohibited act of piggybacking.
(3) The permit holder, the license holder, the Building Commissioner or any aggrieved party may request a hearing before the Licensing and Disciplinary Board. The hearing shall be conducted in accordance with the provisions found in EMC 5.70.050. Any person who has had his license revoked may not reapply for a new license before one year has passed from the date of revocation.
(4) In addition to revocations and suspensions of licenses and permits provided for above, a person who violates the provisions of this section shall be subject to a fine of not less than $500.00 nor more than $2,500 per violation. Each incidence of violation shall be considered a separate offense. This section may also be enforced by an injunctive relief in a court of law.
Failure to obtain or maintain a certificate of registration shall be a violation of this chapter and subject the business entity to a fine of not less than $500.00 or more than $2,500 per violation with each day being a separate violation. In addition to a fine, the business entity may be enjoined by a Court from further violation.
The trade or craft licensee completing the application shall be responsible and liable for all acts and conduct of the business entity which he represents, insofar as compliance with the terms and requirements of this chapter are concerned.
The business entity and the license holder shall cooperate with the Building Commissioner in providing documentation confirming that the license holder is an owner, officer, or full-time employee. Failure to provide such information within 48 hours of a request shall entitle the Building Commissioner to issue a stop work order, issue a citation for violation of this section, terminate the certificate of registration, and suspend the license of the licensee pending a hearing before the License Disciplinary Board.
The business entity obtaining the certificate of registration shall maintain the information required herein in Vanderburgh County. [Ord. G-2006-12, passed 6-20-06; Ord. G-2005-3, passed 1-26-05; Ord. G-99-5, passed 4-5-99; Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93; Ord. G-83-56, passed 12-12-83; Ord. G-73-15, passed 6-25-73. 1962 Code § 1311.02; 1982 Code § 150.126; 1983 Code § 15.150.126.]
5.70.050 Licensing and Disciplinary Board.
(A) There is hereby created the Licensing and Disciplinary Board. The board shall consist of seven members with the following persons serving by virtue of office: the Director of the Vanderburgh County Health Department; the County Engineer; the City Engineer; the City Controller; the chairperson of the Board of Examiners of Construction and Roofing; and the chairperson of the Electrical Board and the chairperson of the Board of Examiners of HVAC, Steam Fitters, and Refrigeration Installers. If any of the members of the board are unable to attend a meeting for any reason, such member may designate an alternate, with full voting rights, to act in such member’s absence.
(B) The board shall elect a president and secretary at its first meeting of each year. The board may adopt and make all bylaws, not inconsistent with this code. The secretary of the board shall keep a record of its proceedings, a register of persons examined and approved by the board, and a record of all certificates of registration issued, refused, renewed, suspended or revoked.
(C) The board shall have the power to receive all applications for licenses for all crafts and trades (as delineated in EMC 5.70.040) as more fully set out in EMC 5.70.140 through 5.70.180; to receive from the Board of Examiners of the various crafts and trades certified results of the tests administered to the applicant to review the application, test questions, answers and findings made by the Board of Examiners of the various crafts and trades; to adopt, modify, or reverse the findings so certified; and to approve or disapprove the application for a license. The Licensing and Disciplinary Board shall also have the power to revoke, suspend, place on probationary status and take other lesser disciplinary action against a licensee issued a license under this chapter. Upon good cause shown, the Licensing and Disciplinary Board may issue a public reprimand, revoke a license, or suspend a license upon a finding that a licensee has:
(1) Been convicted of a felony in the performance of the licensee’s craft or trade;
(2) Failed to timely correct life-threatening violations of the building code; or
(3) Committed repeated violations of the building code and failed to correct defects in the licensee’s work.
The license holder, the complainant, or the Department of Buildings may request a hearing before the Licensing and Disciplinary Board. A hearing may be held only if the Building Commissioner finds probable cause to believe a violation of any of the above three situations has occurred. This hearing shall be held in the following manner:
(a) All parties shall be notified at least 10 working days prior to the hearing date; and
(b) The notice of hearing shall include the charges alleged; the actions that the board may take; the date, time, and place of the hearing; the licensee’s right to counsel; the licensee’s right to present witnesses and to cross-examine witnesses; and the licensee’s right to present evidence.
Any hearing conducted by the board shall be conducted in an open meeting in accordance with the Indiana Open Door Law. In addition to the powers listed above, the board may impose fines and/or probation for a set term, and impose restrictions on taking other license exams.
(D) The Licensing and Disciplinary Board may, upon its own motion, and shall, upon written complaint filed by any person, investigate an allegation that a person registered or seeking registration as apprentice is not actively enrolled in a certified ATP, is enrolled in a program that does not meet the criteria established for a certified ATP and/or has enrolled in an apprenticeship program on a temporary basis, with no intention of completing the program.
(E) Upon a finding by a preponderance of the evidence that the applicant or registrant is not actively enrolled in a certified program or is only enrolled on a temporary basis, the board shall immediately deny or revoke the registration and prohibit him/her from working in the trade. In addition, the employer who signed the registration shall be subject to a fine of not less than $500.00 nor more than $2,500 per incident and conform to EMC 5.70.190(C), (D) and (E).
(F) The Licensing and Disciplinary Board shall, at least annually, determine and establish the fees for license testing, which shall include:
(1) The cost of the test from a qualified testing company;
(2) Postage and handling of testing materials;
(3) Room rental (if applicable);
(4) Proctor fees (if applicable); and
(5) Federal background check fee.
(G) The Licensing and Disciplinary Board shall establish continuing education requirements for crafts or trades which do not have a trade license board and shall review and approve continuing education requirements established by the license boards of the various crafts and trades. [Ord. G-2017-22 § 2, passed 8-29-17; Ord. G-2000-2, passed 2-29-00; Ord. G-98-20, passed 7-6-98; Ord. G-94-31, passed 1-24-95; Ord. G-93-23, passed 12-7-93; Ord. G-73-15, passed 6-25-73. 1962 Code §§ 1311.03, 1311.04; 1982 Code § 150.127; 1983 Code § 15.150.127.]
5.70.060 Application requirements.
(A) The Board of Examiners of HVAC, Board of Examiners of Construction and Roofing, and the Electrical Board shall each prepare their requirements for an applicant which shall be subject to the approval of the Licensing and Disciplinary Board. All applicants shall furnish the following information:
(1) A statement of the applicant’s proposed contracting business;
(2) The type of license being applied for;
(3) Name, residence, and business address of the applicant. If the applicant is a firm, the name and business address of the firm, the name and residence of all directors and officers of the firm and their interest therein, and the name and residence of the applicant’s qualified representative, with the information contained above. If the applicant is a corporation, a certificate of incorporation;
(4) Receipt showing payment of the fee, established by the Licensing and Disciplinary Board, for the examination and qualification of the applicant;
(5) Three notarized letters of recommendation from reputable business or professional people, of this county or the county of the applicant’s last business venture, attesting to the applicant’s reputation as to honesty, work experience (must prove four years or 6,200 hours), integrity, and good character. At least one of these notarized letters must provide proof of work experience (must prove four years or 6,200 hours) and must be from someone who is or was active in the service of license or trade for which applicant is testing. Letters from union representatives will be accepted as proof of experience. If an applicant cannot obtain a letter proving work experience, the applicant’s W-2 forms may be accepted for purposes of proving work experience;
(6) All applicants for a master electrician, master HVAC installer, master refrigeration installer, or master steam fitter license shall provide proof of four years of experience in the respective trade prior to taking the master’s license examination for that trade. This requirement of four years of experience in the trade shall not apply to persons who are licensed as a professional engineer by the State of Indiana in an area related to the trade; and
(7) Fee for Federal background check.
(B) The Licensing and Disciplinary Board may reject the application if it finds the applicant has been convicted of a crime within the past three years involving dishonesty, fraud, deceit, or lack of integrity whereby the applicant has been benefited or whereby some injury has been sustained by another.
(C) Upon receipt of passing test scores and a satisfactory background check, the Building Commission shall issue a provisional license. A contractor may begin to perform work pursuant to a provisional license only after bond and insurance documentation has been provided in accordance with the requirements of this chapter. [Ord. G-2017-22 § 3, passed 8-29-17; Ord. G-2002-14, passed 9-9-02; Ord. G-2000-2, passed 2-29-00; Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93; Ord. G-80-40, passed 11-24-80; Ord. G-73-26, passed 10-22-74. 1962 Code § 1311.06; 1982 Code § 150.128; 1983 Code § 15.150.128.]
5.70.070 Bond and insurance requirements for licenses.
Each applicant for a master’s license or contractor’s license shall, before being granted the license, make, execute and deliver to the Department of Buildings a bond with good and sufficient security, acceptable to the Building Commissioner, in the penal sum of $25,000, made payable to the City of Evansville. The bond shall recite that the principal and sureties agree to indemnify and save harmless the City of Evansville against any and all claims and demands made against the City arising out of the principal’s practice at the trade of master, HVAC installer, master electrician, master steam fitter, master refrigeration installer, building contractor, residential contractor, limited roofing contractor, unlimited roofing contractor, fire sprinkler contractor, fire alarm contractor, wrecking contractor, building mover contractor, swimming pool contractor, limited swimming pool contractor, wood framing contractor, unlimited concrete contractor, concrete footing and flatwork contractor, brick and masonry contractor, drywall contractor, building insulation contractor, siding and guttering contractor, glass and glazing contractor, residential remodeling contractor, structural steel contractor, excavating contractor, tile and marble contractor, elevator and escalator contractor, special subcontractor, flammable liquid tank and piping contractor, piling and caisson contractor, underground utilities contractor, or waterproofing contractor. Any proceeds remaining after the claims and demands of the City have been satisfied shall be for the use and benefit of any owner or party in interest in the property where the licensee has performed work or furnished any material or undertaken any service to the premises. In this regard, the bond shall be considered a performance bond. The minimum administration fee from the bond proceeds to the Building Commission for the processing of a claim against a bond shall be $500.00.
An applicant for the above-mentioned licenses shall, before being granted a license, make, execute and deliver to the Building Commissioner proof of general liability insurance in an amount not less than $1,000,000, and in the case of an applicant for a residential contractor, limited roofing contractor or sign erector-Class B, shall, before being granted a license, make, execute and deliver to the Building Commissioner proof of general liability insurance in an amount not less than $500,000, and in the case of an applicant for a swimming contractor, limited swimming contractor, wood framing contractor, unlimited concrete, concrete footing and flatwork contractor, brick and masonry contractor, drywall contractor, building insulation contractor, siding and guttering contractor, glass and glazing contractor, residential remodeling contractor, structural steel contractor, excavating contractor, tile and marble contractor, elevator and escalator contractor, special subcontractor, flammable liquid tank and piping contractor, manufactured home repairman, piling and caisson contractor, underground utilities contractor, or waterproofing contractor, shall, before being granted a license, make, execute and deliver to the Building Commissioner proof of general liability insurance in an amount not less than $300,000, with good and sufficient surety insuring all users of the licenses and indemnifying and holding harmless those persons sustaining loss or damages resulting from any and all work done under that license.
Each applicant for a master’s license or contractor’s license shall, before being issued his license, provide proof of workman’s compensation coverage or an affidavit stating that by Indiana law he is not required to have workman’s compensation insurance. This information shall be provided on the license card and may not be altered, however, should workman’s compensation status change, a new card will be issued by the Department of Buildings at no charge. [Ord. G-2017-22 § 4, passed 8-29-17; Ord. G-2008-37 § 2, passed 1-8-09; Ord. G-2006-12, passed 6-20-06; Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93; Ord. G-88-11, passed 5-9-88; Ord. G-85-33, passed 10-7-85. 1962 Code § 1311.07; 1982 Code § 150.129; 1983 Code § 15.150.129.]
5.70.080 Licensing of tradesmen.
(A) Instead of the separate City and County licenses, the Joint City-County Department of Building Commissioners shall approve for each qualified tradesman a single license authorizing the recipient to practice his trade anywhere in Vanderburgh County.
(B) Licenses shall be issued only upon the authorization of the Licensing and Disciplinary Board. In the case of plumbers licensed under the statutes of the State, no license shall be required, but a certificate of registration shall be issued upon payment of the fee listed in this section.
(C) The due dates and length of term for trade licenses, certificates and registrations shall be determined by the Building Commission with the concurrence of the License and Disciplinary Board. The fees assessed in subsection (F) of this section are due annually or assessed for a 12-month period.
(D) The Joint City-County Building Commission shall be responsible for the method of fee collection and issuance of licenses required by this section. The proceeds from those fees shall be distributed between the City and County in the same manner the cost of operating the department is distributed between them.
(E) No Inspector for the Joint Department of Building Commissioners need pay the renewal fee for his license so long as he remains an Inspector. The Building Commissioner may create a new “residential specialty subcontractor” license for nonstructural work performed on residential properties. Residential specialty subcontractor licenses shall be subject to the approval of the Licensing and Disciplinary Board.
(F) The fees for a joint City-County license for tradesmen shall be:
|
License Type |
Fee |
||
|---|---|---|---|
|
Building Contractor |
New: |
$360.00 |
|
|
Renewal: |
$210.00 |
||
|
2-Year Renewal: |
$400.00 |
||
|
Unlimited Roofing Contractor |
New: |
$360.00 |
|
|
Renewal: |
$210.00 |
||
|
2-Year Renewal: |
$400.00 |
||
|
Residential Contractor |
New: |
$210.00 |
|
|
Renewal: |
$150.00 |
||
|
2-Year Renewal: |
$285.00 |
||
|
Limited Roofing Contractor |
New: |
$210.00 |
|
|
Renewal: |
$150.00 |
||
|
2-Year Renewal: |
$285.00 |
||
|
Subcontractor License |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
2-Year Renewal: |
$170.00 |
||
|
Fire Sprinkler or Fire Alarm Contractor |
New: |
$180.00 |
|
|
Renewal: |
$100.00 |
||
|
2-Year Renewal: |
$175.00 |
||
|
Master |
New: |
$300.00 |
|
|
Renewal: |
$125.00 |
||
|
2-Year Renewal: |
$225.00 |
||
|
Journeyman |
New: |
$35.00 |
|
|
Renewal: |
$25.00 |
||
|
Apprentice 1st year through 5th year |
$25.00 annually |
||
|
Apprentice 6th year and beyond |
$35.00 annually |
||
|
Limited Journeyman |
$35.00 annually |
||
|
Sign Erector Class A |
New: |
$300.00 |
|
|
Renewal: |
$125.00 |
||
|
Sign Erector Class B |
New: |
$175.00 |
|
|
Renewal: |
$100.00 |
||
|
Temporary Sign Erector |
$300.00 |
||
|
Wrecking Contractor or Building Mover Contractor |
New: |
$175.00 |
|
|
Renewal: |
$100.00 |
||
|
Registration of State Licenses: |
|
||
|
|
Contractor |
$60.00 |
|
|
|
Journeyman |
$35.00 |
|
|
|
Apprentice |
$25.00 |
|
|
Swimming Pool Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Limited Swimming Pool Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Wood Framing Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Unlimited Concrete Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Concrete Footing and Flatwork Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Brick and Masonry Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Drywall Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Building Insulation Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Siding and Guttering Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Glass and Glazing Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Residential Remodeling Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Structural Steel Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Excavating Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Tile and Marble Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Elevator and Escalator Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Special Subcontractor |
New (one-time fee): |
$300.00 |
|
|
Manufactured Home Repairman |
New: |
$175.00 |
|
|
Renewal: |
$100.00 |
||
|
Flammable Liquid Tank and Piping Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Piling and Caisson Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Underground Utilities Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Waterproofing Contractor |
New: |
$180.00 |
|
|
Renewal: |
$90.00 |
||
|
Limited Licensed Professional Contractor |
New: |
$300.00 |
|
|
Renewal: |
$125.00 |
||
(G) There shall be a late fee charge for all licenses listed in subsection (F) of this section in the amount of an additional $10.00 if applied for after January 31st of the year the license is effective. [Ord. G-2017-28 § 1, passed 10-12-17; Ord. G-2017-22 § 5, passed 8-29-17; Ord. G-2008-37 §§ 3, 4, passed 1-8-09; Ord. G-2000-2, passed 2-29-00; Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93; Ord. G-84-49, passed 11-26-84; Ord. G-83-56, passed 12-12-83. 1982 Code § 150.130; 1983 Code § 15.150.130.]
5.70.090 Display of license.
Every person required to be licensed by this chapter shall display their license certificate in a conspicuous place in their or their employer’s place of business. No license or renewal thereof granted under the provisions of this chapter shall be assignable or transferable.
Every person required to be licensed by this chapter shall carry upon their person or have readily available at the location they are working the license card issued by the Department of Buildings. Any vehicle used for transportation of materials or equipment for performance of any activity for which a license is required by this chapter shall be conspicuously and clearly marked with the business or company name, category of work permitted by the license, and the license number. Vehicles, including personal vehicles, used to transport materials and equipment to a work site, not owned or leased by the contractor or licensee, shall be marked by having a sign on the dashboard visible through the windshield with numbers and letters at least three inches in height with the information required above. If the holder of the license shall cease to be a part of the business utilizing that license, all rights of the firm or corporation or employees to perform work under that license shall cease and the firm or corporation shall be required to employ a properly licensed person prior to continuance of business activity. In the event of the death of the current license holder, firms represented by that license holder may be issued permits for up to one year contingent on all bonds, insurance and fees remaining in force for that time period. The license may be revoked, suspended or placed on probation by the License and Disciplinary Board, if code violations occur or the firm does not pursue securing another license holder within 90 days. [Ord. G-2008-37 § 5, passed 1-8-09; Ord. G-93-23, passed 12-7-93. 1962 Code § 1311.09; 1982 Code § 150.132; 1983 Code § 15.150.132.]
5.70.100 Withdrawal certificate.
Upon application to the Licensing and Disciplinary Board, a withdrawal certificate shall be issued for a license, which shall allow the holder of the withdrawal certificate to apply for a renewal of his license any time within three years of the date of the withdrawal certification upon payment of the renewal fee to the Building Commission. This withdrawal may be renewed one time by reapplying at the end of the first three years. In all cases after six years of being on withdrawal, the license must be activated by providing necessary information and paying fees. The application for a withdrawal certificate may be denied upon a showing of good cause, i.e., violation of the requirements of this code or State or Federal laws. [Ord. G-2000-2, passed 2-29-00; Ord. G-98-20, passed 7-6-98. 1962 Code § 1311.10; 1982 Code § 150.133; 1983 Code § 15.150.133.]
5.70.110 Temporary homeowner contractor.
A permit to perform work in or about his/her current residence and/or a new or remodeled one- or two-family residence in which he/she shall reside for a minimum of two years after construction or repairs are made may be issued to the owner of the property or to the immediate family of the owner. “Immediate family” in this case shall mean father, mother, brother, sister, aunts, uncles, son, daughter or like relationships by marriage.
The owner, at the time of permit issuance, shall attest by affidavit that either the owner or a member of the immediate family described above is to perform the work. In the case of an owner subcontracting footing, foundation, framing, or roofing to other than an immediate family, the contractor doing those installations shall be licensed and their names provided to the Department of Buildings at the time of permit application. In lieu of providing the names of the licensed contractors for the above installations, the owner shall answer basic questions relative to code requirements indicating the owner has sufficient knowledge to properly perform the work.
If the Inspector is not satisfied that the owner or immediate family is capable of performing, or if the character of any work performed indicates the owner or immediate family members are not qualified or capable of doing the work, the Inspector may require a portion or all of the work be installed, changed, altered, or repaired by a qualified licensed contractor.
If a permit has already been issued for the affected work, a $20.00 additional fee will be charged for additional inspections and entering the information from licensed contractors on permit and inspections records. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1311.11; 1982 Code § 150.134; 1983 Code § 15.150.134.]
5.70.120 Issuance of permits.
No journeyman employee of a person holding a master’s license shall be permitted to take out permits for work covered in the appropriate classification of master’s license under this chapter. The person holding the master’s license shall be responsible for obtaining permits. All permits shall be taken out in the name of the firm or corporation holding a certificate of registration in advance and prior to any work being performed under the scope of this chapter. A person holding a master’s license shall be responsible for all persons using that license and for all work done under that license. Whenever a permit is issued under this chapter to a person holding a master’s license, all work performed under the permit shall be performed by bona fide employees of the person, firm, or corporation in whose name the permit is issued, except when subcontracting to another bona fide contractor who meets the requirements of this chapter. No master shall obtain a permit for a firm or corporation of which he is not either an owner or employee. [Ord. G-87-25, passed 9-28-87; Ord. G-85-33, passed 10-7-85. 1962 Code § 1311.12; 1982 Code § 150.135; 1983 Code § 15.150.135.]
5.70.130 Registration of apprentices.
All persons holding a master’s license and employing apprentices shall satisfy the appropriate Licensing and Disciplinary Board that the so-called apprentices are truly in an apprentice training program. Upon approval, the apprentice shall be registered with the appropriate Building Inspector. The registration shall state the name of the employer, the name, age, and address of the apprentice, and what, if any, training program the employer has instituted or in which the apprentice is enrolled.
All persons holding a master’s license and employing apprentices shall satisfy the appropriate Licensing and Disciplinary Board that the apprentices are enrolled in a related training or vocational program. If employees are not licensed as journeymen and are not enrolled in an approved apprentice program, they shall, with proof of four years’ experience in the trade, register for and take the next regularly scheduled journeyman test for the applicable trade. Failure to register, failure to take the test, or inability to score 50 percent on the exam will result in automatic revocation of apprentice registration and prohibit them from working in the trade. This alternate-to-training provision is limited to one year, after which the person must have passed the journeyman test or be enrolled in a related vocational training program. Apprentice-level employees may not work alone on the practice of their trade but must be accompanied by a licensed journeyman or master. No more than three apprentice-level employees may be supervised by each journeyman or master.
The registration shall state the name of the employer, the name, age and address of the apprentice, and either the training program in which the apprentice is enrolled or the date on which the alternative-to-training time period will expire. This information will be verified by the Department of Buildings staff. [Ord. G-2000-2, passed 2-29-00; Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93. 1962 Code § 1311.13; 1982 Code § 150.136; 1983 Code § 15.150.136.]
5.70.140 Electrical Board.
(A) There is hereby created a board consisting of nine members to be known as the Electrical Board. The Mayor shall appoint five members, the County Commissioners shall appoint three members and the City Council shall appoint one member. Each member shall have at least five years’ experience in this trade. Each member shall serve at the pleasure of the appointing authority. The term of office shall be one year.
(B) When an applicant shall apply for a license as a master electrician or a journeyman electrician, the board shall conduct and give an examination to the applicant and shall certify the questions and answers of the applicant with their findings to the Licensing and Disciplinary Board, which may review the questions, answers, and findings, and may adopt, modify, or reverse the findings. The action of the Licensing and Disciplinary Board shall be final and conclusive.
(C) This board shall set standards for a continuing education program to which each master or contractor shall be required to attend in order to renew their master or contractor license each year. The number of hours and the content of the program shall be submitted to the Licensing and Disciplinary Board for approval.
(D) The board shall receive, hear, and consider all complaints and questions of interpretation pertaining to the meaning of any provision of the electrical code. The board shall make findings as to what its interpretation of the disputed provision is and shall report its findings to the Building Commissioner. [Ord. G-2000-2, passed 2-29-00; Ord. G-94-31, passed 1-24-95. 1962 Code § 1311.15; 1982 Code § 150.137; 1983 Code § 15.150.137.]
5.70.150 Board of Examiners of HVAC, Steam Fitters, and Refrigeration Installers.
(A) There is hereby created a board consisting of nine members to be known as the Board of Examiners of HVAC, Steam Fitters, and Refrigeration Installers. The Mayor shall appoint five members, the County Commissioners shall appoint three members, and the City Council one member. Each member shall serve at the pleasure of the appointing authority. Each member shall have at least five years’ experience in one of the trades of HVAC, steam fitter, or refrigeration.
(B) When an applicant for a master HVAC installer, journeyman HVAC installer, master steam fitter, journeyman steam fitter, master refrigeration installer, or journeyman refrigeration installer and an examination is required of the applicant by City ordinance, then the board shall conduct and give an examination to the applicant and shall certify the questions and answers of the applicant with the board’s findings to the Licensing and Disciplinary Board, which may review the questions, answers, and findings and may adopt, modify, or reverse the findings. The action of the Licensing and Disciplinary Board shall be final and conclusive.
(C) The Board of Examiners of HVAC, Steam Fitters, and Refrigeration Installers shall set standards for the continuing education program to which each master or contractor shall be required to attend in order to renew a master or contractor license each year. The number of hours and the content of the program shall be submitted to the Licensing and Disciplinary Board for approval. [Ord. G-2000-2, passed 2-29-00; Ord. G-94-31, passed 1-24-95; Ord. G-93-23, passed 12-7-93. 1962 Code § 1311.16; 1982 Code § 150.138; 1983 Code § 15.150.138.]
5.70.160 Limited licenses.
(A) Each examining board of the various building trades and crafts, as established in EMC 5.70.140 and 5.70.150, may recommend to the Board of Examiners of the Building Department persons for limited licenses. A limited license may be issued to a journeyman, in any trade, for a 90-day period if recommended by the examining board of the respective trade. The license shall be limited to specific projects. The person holding the limited license shall be allowed to engage only in the work so stated on the limited license.
(B) The term for a limited license shall be a maximum of one year. Each licensee shall renew his license by January 31st of each succeeding calendar year. Failure to renew the license shall render it void.
(C) All maintenance personnel who are engaged in work that falls within the scope of this chapter shall hold a limited license. The term “maintenance personnel,” as used in this section, shall include all maintenance personnel regularly employed to maintain and make minor repairs to systems, apparatus, and equipment, such as plumbing, electrical, refrigeration, air conditioning, boiler, and heating, which are installed, contained, and used on premises or in buildings owned, occupied, or controlled by the person or firm by whom the personnel are employed. Maintenance personnel must hold a current limited certificate for maintenance work or as a master or journeyman in the trade in which they are to engage. A currently licensed master or a currently registered journeyman shall automatically qualify, without further examination, as maintenance personnel in their particular trade. The term “maintenance,” as used in this section, is not intended to include operators of appliances or equipment. [Ord. G-73-16, passed 6-25-73; Ord. G-73-15, passed 6-25-73. 1962 Code § 1311.19; 1982 Code § 150.141; 1983 Code § 15.150.141.]
5.70.170 Board of Examiners of Construction and Roofing.
(A) The Board of Examiners of Construction and Roofing shall consist of the following persons:
(1) Two citizen members with at least five years’ experience in the construction industry, at least one of which shall be in good standing with a nationally recognized trade organization. One citizen shall be appointed by the Mayor and one appointed by the County Commissioners.
(2) Two persons licensed under provisions of this chapter as residential and/or building contractors, at least one of which shall be in good standing with a nationally recognized trade organization. One contractor shall be appointed by the Mayor and one by the County Commissioners.
(3) One unlimited roofing contractor in good standing with a nationally recognized roofing organization.
(4) One limited roofing contractor in good standing with a nationally recognized roofing organization. One such roofing contractor shall be appointed by the Mayor and the other appointed by the County Commissioners.
(5) Two Structural Inspectors of the Department of Buildings as designated by the Building Commissioner.
(B) When an applicant applies for a license in the above-stated categories, an examination is required. The Board of Examiners of Construction and Roofing shall certify the questions and answers of the applicant with their findings to the Board of Examiners of the Department of Buildings which may review the questions, answers and findings and may adopt, modify or reverse the findings. The action of the Board of Examiners of the Department of Buildings shall be final and conclusive.
(C) This board shall set standards for a continuing education program which each master or contractor shall be required to attend in order to renew their master or contractor license each year. The number of hours and the content of the program shall be submitted to the Board of Examiners for approval. The Board, in its sole discretion, shall make recommendations for approval of all residential specialty subcontractor licenses. [Ord. G-2017-22 § 6, passed 8-29-17; Ord. G-2006-12, passed 6-20-06; Ord. G-94-31, passed 1-24-95; Ord. G-93-23, passed 12-7-93. 1983 Code § 15.150.142.]
5.70.180 Journeyman.
No person shall be issued a journeyman license unless he establishes that he has had at least four years’ experience in the applicable trade. No helper shall install any work regulated by this chapter. No apprentice shall install any work regulated by this chapter except under the supervision of a journeyman or master employed on the same job. [Ord. G-93-23, passed 12-7-93. 1983 Code § 15.150.143.]
5.70.190 Registration of apprentices.
(A) A “certified apprentice training program” is defined as:
(1) A program registered with the United States Department of Labor, Bureau of Apprenticeship Training (BAT); or
(2) A program that meets all of the following standards:
(a) The apprentice training program (hereafter “ATP”) is administered by a training committee which consists of not less than four Vanderburgh County licensed contractors in the respective trade. A current contact name and telephone number for the training committee must be submitted and kept on file at the Building Commissioner’s office.
(b) Apprentices in the ATP must attend a minimum of 144 hours per year of classroom instruction, which shall include appropriate safety and health training (CPR, first aid, OSHA, etc.). Hours missed must be made up.
(c) Attendance records of apprentices’ classroom instruction are documented (by instructor verification forms, signature forms, signature cards, etc.).
(d) The ATP implements and maintains a recognized model of curriculum for classroom instruction (such as PHCC, IEC, ABC, RSES, ACCA, etc.).
(e) The ATP includes record keeping of a minimum of 1,000 supervised on-the-job training hours annually to document full-time employment status and diversification of training as outlined in the ATP plan.
(f) The ATP includes periodic testing to evaluate an apprentice’s retention of classroom instruction evidenced by a semester average test score of not less than 70 percent.
(g) The ATP provides a certificate of completion of schooling to represent satisfaction of these apprenticeship program requirements.
(h) Classroom and on-the-job training records are to be maintained by the ATP’s training committee for a period of not less than five years. The training committee is responsible for making available such records to the Building Commissioner not more than three working days following the Building Commission’s written request.
(i) The ATP provides annual information documenting efforts to encourage minority and women applicants.
(B) In order to facilitate compliance with subsection (A)(2) of this section, the Licensing and Disciplinary Board may designate agents for purposes of ATP as determined by the Building Commissioner in concert with the Licensing and Disciplinary Board.
(C) Once certified, an ATP found by the Building Commissioner to be deficient of any of the requirements from subsection (A) of this section shall receive from the Building Commissioner a correct the respective problem(s) without losing its certification. If deficiencies are not corrected 30 calendar days after the NOD is issued, the Building Commissioner shall submit the deficiencies to the Licensing and Disciplinary Board for further action, including revocation of certification, suspension of certification, and/or an audit of the program, to be paid by the ATP. Subject to the Indiana Public Records Acts, information subpoenaed during the course of an investigation shall remain confidential and open for inspection only to the Building Commissioner, Mayor, County Commissioners, County and/or City Attorney’s office, and City and/or County Engineers.
(D) The ATP has 10 calendar days, for second deficiency of the same requirement in the same school year to correct the respective problem(s) without losing its certification. If deficiencies are not corrected 10 calendar days after the NOD is issued, the Building Commissioner shall submit the deficiencies to the Licensing and Disciplinary Board for further action, including, but not limited to, revocation of certification, suspension of certification, and/or an audit of the program, to be paid by the ATP. Subject to the Indiana Public Records Acts, information subpoenaed during the course of an investigation shall remain confidential and open for inspection only to the Building Commissioner, Mayor, County Commissioners, County and/or City Attorney’s office, and City and/or County Engineers.
(E) A third deficiency of the same requirement in the same school year will result in losing its certification, subject to a written appeal by the ATP to the Licensing and Disciplinary Board. This appeal must be filed in writing with the Building Commissioner within 10 working days after the notice of decertification or, if an appeal is timely filed, after the next Licensing and Disciplinary Board meeting subject to action of the Licensing and Disciplinary Board.
(F) All license holders (limited to only master electricians; master heating, ventilating and air conditioning installers; master plumbers; master refrigeration installers; and master steam fitters) employing apprentices shall enroll each apprentice in a certified ATP and submit to the Licensing and Disciplinary Board a current ATP registration certificate, the ATP curriculum, and each apprentice’s enrollment and attendance records.
(G) Once an apprentice is enrolled in a certified ATP, the apprentice shall be registered with the Building Commissioner. The registration application shall identify the name of the employer, employer’s trade license number, the name, age and the address of the residence of the apprentice, and the ATP in which the apprentice is enrolled.
(H) The information contained in the registration application will be verified by the Building Commissioner. The apprentice shall assist in such verification by submitting the appropriate documentation and information. The registration shall identify the name of the employer, the name, age and address of the residence of the apprentice, and the training program in which the apprentice is enrolled.
(I) Apprentice-level employees may not work alone in the practice of their trade but must be accompanied by a licensed journeyman or master. No more than three apprentice-level employees may be supervised by each journeyman or master. [1983 Code § 15.150.160.]
Cross-references: Sidewalk contractors, EMC 12.05.260; penalty provisions for violations of this chapter, EMC 15.05.520.