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LICENSING AND REGULATION OF HEATING AND COOLING CONTRACTORS

Indianapolis-Marion County Revised Code tit. IV, ch. 875, art. III
in effect

Indianapolis-Marion County Revised Code § 875-301 License required.

Sec. 875-301. - License required. Licensure as a heating and cooling contractor of the appropriate type is required to install, modernize, replace, service or repair all or any part of a heating system, space heating equipment, a cooling system, space cooling equipment, refrigeration equipment, or installation of ductwork for an exhaust hood greater than four (4) square feet in a Class 2 structure and installation of duct work for an exhaust hood in any Class 1 structure. Construction which this article allows licensed heating and cooling contractors to carry out is hereafter referred to in this article as "heating and cooling work." A person not licensed under this article who is employed by a licensed heating and cooling contractor may, however, accomplish heating and cooling work while working under the direction and control of a person who is a licensed heating and cooling contractor, but shall not otherwise enter into or offer to enter into a contractual relationship to engage in the heating and cooling work. The scope of activity of such nonlicensed person shall not extend beyond that allowed by the license type of the licensed heating and cooling contractor providing direction and control over the nonlicensed person. A person not licensed under this article may, however, accomplish heating and cooling work in carrying out ordinary maintenance and repair if such work is accomplished by the person in the regular course of his sole, full-time employment by the owner of the premises where such ordinary maintenance and repair occurs. Persons, partnerships or corporations engaged in the business of service and repair, however, must be licensed under this chapter. (G.O. 95, 1994, § 1; G.O. 8, 2005, § 11)

Indianapolis-Marion County Revised Code § 875-302 Board of heating and cooling examiners.

Sec. 875-302. - Board of heating and cooling examiners. A board of heating and cooling examiners (hereinafter in this article referred to as the "board") shall consist of eight (8) members and shall be responsible for carrying out the provisions relative to licensure of heating and cooling contractors. The license administrator shall be a nonvoting member of the board, ex officio. The seven (7) voting members of the board shall be appointed by the mayor for two-year terms in such manner that three (3) terms expire on January first of one (1) year and four (4) other terms expire on January first of the next year. Five (5) of the seven (7) members appointed by the mayor shall be persons to whom a license has been issued in accordance with this article and the remaining appointed members shall be persons (not licensed under this article) representing the public at large. At least two (2) of the licensed appointed members shall hold a refrigeration license. Each of the appointed members shall be a resident of the consolidated city. Members shall not receive compensation for serving on the board. Those members appointed by the mayor shall serve at his or her pleasure and shall hold no other elective or appointive office in the consolidated city. (G.O. 95, 1994, § 1; G.O. 63, 2009, § 125)

Indianapolis-Marion County Revised Code § 875-303 Organization of board.

Sec. 875-303. - Organization of board. (a) The board shall meet annually in each January on a date specified for regular monthly meetings in offices of the department of business and neighborhood services and elect a chairman and any other officers, who shall serve one (1) year or until a successor is chosen, whichever is longer. At its annual meeting each January, the board shall promulgate written policies and regulations concerning the administration of the written examination stated in section 875-308 and of the equivalent examination stated in section 875-310. (b) Such written policies and regulations shall be maintained and made available to the public through the offices of the division of construction and business services. (G.O. 95, 1994, § 1; G.O. 8, 2005, § 12; G.O. 63, 2009, § 125; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-304 Meetings of board.

Sec. 875-304. - Meetings of board. The board shall hold regular meetings once each month in offices of the department of metropolitan development if there are one (1) or more applications for license pending or other official business to come before the board. Special meetings may be called by the chairman or any three (3) members upon giving written notice fixing the time and place of the meeting at least two (2) days in advance of the special meeting. Four (4) appointed members of the board shall constitute a quorum for the transaction of all business. (G.O. 95, 1994, § 1)

Indianapolis-Marion County Revised Code § 875-306 Register of applications.

Sec. 875-306. - Register of applications. The board shall maintain a register of all persons, partnerships and corporations which apply for licensure and persons who apply for renewal of licensure under this article. (1) If the applicant is a person, the register shall show the date of application, the name of the applicant, the age, education, years of experience and other qualifications of the applicant, the addresses of the places of business and the residence of the applicant, the type of license for which application is made, whether the application is for an initial license or renewal of a license and whether the application was rejected or approved and the date of such action. (2) If the applicant is a partnership, the register shall show the date of application, the name of the partnership, the addresses of its places of business, names of all partners and their respective residential addresses, the type of license for which application is made, and whether the application was rejected or approved and the date of such action. (3) If the applicant is a corporation, the register shall show the date of application, the name of the corporation, state of incorporation, addresses of its places of business, names of all officers and their respective residential addresses, the type of license for which application is made and whether the application was rejected or approved and the date of such action. (G.O. 95, 1994, § 1)

Indianapolis-Marion County Revised Code § 875-307 Qualifications for a person to be licensed as a heating and cooling contractor.

Sec. 875-307. - Qualifications for a person to be licensed as a heating and cooling contractor. A person shall be entitled to receive one (1) license of the appropriate type as a heating and cooling contractor (either initially or by renewal of a license) if the following requirements are met: (1) The person: a. Meets the written examination requirement stated in section 875-308, and the experience requirement stated in section 875-309; or b. Meets the equivalent examination requirement stated in section 875-310 and the experience requirement stated in section 875-309; or c. Meets the eligibility for renewal requirement stated in section 875-311; and (2) The person does not presently have a license issued under this article suspended, nor has he had such license revoked within a period of the preceding seven hundred thirty (730) days; and (3) The board has not, within the preceding three hundred sixty-five (365) days, determined in accordance with section 875-322 that the person is not eligible for license renewal; and (4) The person has submitted an acceptable bond and certificates of insurance as required by section 875-315 and 875-316 unless this requirement is relieved because either such person meets the partnership or corporate agent status requirement stated in section 875-312, or such person meets the inspector status requirement stated in section 875-313; and (5) The person has paid the fee specified by section 875-701 of this Revised Code. Unless these requirements are met a person shall not be entitled to a heating and cooling contractor's license of the appropriate type. (G.O. 95, 1994, § 1; G.O. 160, 1994, § 8)

Indianapolis-Marion County Revised Code § 875-308 Written examination.

Sec. 875-308. - Written examination. The written examination requirement of section 875-307(1) is met by a person who demonstrates his understanding of the following subject matter areas by attaining a passing score on a written examination approved by the board relative to heating and cooling work for which such license of the applicable type is required: (1) Expert knowledge about the proper, practical and safe methods of accomplishing heating and cooling work; and (2) In the event a person fails to obtain a passing score on the written examination administered by the board, re-examination shall only be allowed pursuant to the written policies and regulations promulgated by the board under section 875-303. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 24; G.O. 8, 2005, § 13)

Indianapolis-Marion County Revised Code § 875-309 Experience.

Sec. 875-309. - Experience. The experience requirement of section 875-307(1) is met by a person who has had at least five (5) years of practical work experience pertaining to heating and cooling work or a combination of experience and school which totals five (5) years. (G.O. 95, 1994, § 1)

Indianapolis-Marion County Revised Code § 875-310 Equivalent examination.

Sec. 875-310. - Equivalent examination. The equivalent examination requirement of section 875-307(1) is met by a person who demonstrates, either orally or in writing, to the satisfaction of the board his familiarity with this chapter and presents evidence satisfactory to the board at one (1) of its meetings that he currently practices the craft of a heating and cooling contractor and that he is presently licensed in good standing as a result of his successfully completing an examination administered by a licensure board for another state or another municipality which was then the equivalent in scope of subject matter and difficulty as the examination presently administered by the board for the applicable license type. (G.O. 95, 1994, § 1)

Indianapolis-Marion County Revised Code § 875-311 Eligibility for license renewal.

Sec. 875-311. - Eligibility for license renewal. The eligibility for renewal requirement of section 875-307(1) is met by a person who: (1) Has held an unrevoked license of the same type under this article within the preceding seven hundred thirty (730) days; (2) Has held an unrevoked license of the same type under this article within the preceding one thousand four hundred sixty (1,460) days (four (4) years) and demonstrates to the satisfaction of the board that during at least two (2) years of that period the person has been actively engaged, in the Consolidated City of Indianapolis or elsewhere, in heating and cooling work. (G.O. 95, 1994, § 1)

Indianapolis-Marion County Revised Code § 875-312 Partnership or corporate agent status.

Sec. 875-312. - Partnership or corporate agent status. The partnership or corporate agent status requirement of section 875-307(4) is met by a person who: (1) Is a partner or employee of a partnership or an officer or employee of a corporation which is licensed under this article; and (2) Does not make any use of his license as a heating and cooling contractor other than as an agent of the partnership or corporation. Whenever such person has occasion to enter into a transaction or take action for which licensure under this article is required, he shall clearly state the fact he is acting as agent for an identified partnership or corporate principal. (G.O. 95, 1994, § 1)

Indianapolis-Marion County Revised Code § 875-313 Inspector status.

Sec. 875-313. - Inspector status. The inspector status requirement of section 875-307(4) is met by a person who is employed full time by the division of construction and business services in a position in which he or she makes or supervises the making of inspections to determine compliance with building standards and procedures relating to heating and cooling work, or this article of this chapter. Such a person shall not use a license as a heating and cooling contractor other than with respect to his or her employment by the Consolidated City of Indianapolis. Licensure under this section terminates by operation of law when the person is no longer employed by the division of construction and business services and does not meet the requirements of sections 875-315 and 875-316. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 25; G.O. 3, 2002, § 58; G.O. 63, 2009, § 126; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-314 Qualifications for a partnership or corporation to be licensed as heating and cooling contractor.

Sec. 875-314. - Qualifications for a partnership or corporation to be licensed as heating and cooling contractor. A partnership or corporation shall be entitled to receive one (1) license of the appropriate type as a heating and cooling contractor if the following requirements are met: (1) At least one (1) general partner (who is a person) or employee of a partnership or at least one (1) officer or employee of a corporation holds a license of the same type under this article as that relative to which the partnership or corporation has made application; provided, however, that an unlicensed general partner or employee of a partnership or an unlicensed officer or employee of a corporation shall be deemed to fulfill the requirement of this paragraph if such person is prevented from meeting the requirements of section 875-307 for licensure of the applicable type solely because the person cannot comply with the requirements of section 875-312 because the partnership or corporation of which he is a partner or employee or officer or employee is not licensed under this article and such partner or employee or officer or employee has submitted an application for licensure so that the licenses of the partner or employee and partnership or officer or employee and corporation can be approved and issued simultaneously; and (2) The partnership or corporation does not presently have a license issued under this article suspended, nor has it had such a license revoked within a period of the preceding seven hundred thirty (730) days; and (3) The board has not, within the preceding three hundred sixty-five (365) days, determined in accordance with section 875-323 that the partnership or corporation is not eligible to receive a successor license; and (4) The partnership does not presently have a partner or the corporation does not presently have an officer who has a license under this article presently suspended or who has had such a license revoked within the preceding seven hundred thirty (730) days, or a determination made of ineligibility for license renewal within the preceding three hundred sixty-five (365) days; and (5) The partnership does not presently have a partner or the corporation does not presently have an officer who, within the preceding three hundred sixty-five (365) days, served as a partner in a partnership or officer in a corporation, licensed under this article at the time when actions related to policies or practices of the partnership or corporation occurred which provided the primary basis on which the license of the partnership or corporation was revoked, suspended more than one (1) year or a determination made of ineligibility for receipt of a successor license; and (6) The partnership or corporation has submitted an acceptable bond and certificates of insurance as required by sections 875-315 and 875-316; and (7) The partnership or corporation has paid the fee specified by section 875-701 of this Revised Code. Unless these requirements are met, a partnership or corporation shall not be entitled to a heating and cooling contractor's license of the appropriate type. (G.O. 95, 1994, § 1; G.O. 160, 1994, § 8)

Indianapolis-Marion County Revised Code § 875-315 Bond.

Sec. 875-315. - Bond. (a) Before a license is issued by the division of construction and business services to any person, partnership or corporation, the license administrator shall require the applicant to file a surety in the amount of five thousand dollars ($5,000.00). Such a bond shall be maintained in full force and effect for the full period of the license. The bond shall set forth the name, phone number and address of the agent representing the bonding company and shall be: (1) Issued by a surety authorized to do business in Indiana; (2) Payable to the Consolidated City of Indianapolis or an unknown third party as obligee; and (3) Conditioned upon: a. Compliance with requirements set forth in this chapter that must be met to retain licensure; b. Prompt payment of all fees owed the consolidated city as set forth in this chapter; c. Prompt payment to the Consolidated City of Indianapolis for any loss or expense for damages to property of the Consolidated City of Indianapolis caused by any action of the contractor, his or her agent, employees, principals, subcontractors, materialmen or suppliers in violation of building standards and procedures while engaged in any heating and cooling work or any related construction; and d. Prompt payment to a person, partnership or corporation that is an unknown third party obligee for any: 1. Losses arising out of violations; 2. Expenses necessary to correct violations; and 3. Court costs and attorney fees allowed by the court incurred in connection with the commencement and prosecution of a court action to recover such losses and expenses for violations of building standards and procedures caused by any action of the contractor, his or her agents, employees, principals, subcontractors, materialmen or suppliers while engaged in heating and cooling work or any related construction. However, the surety is not responsible under the bond for losses or expenses arising out of negligent conduct or improper workmanship unless such conduct or workmanship violates requirements of building standards and procedures. (b) The license administrator may accept in lieu of the surety bond a properly conditioned irrevocable letter of credit in the amount of five thousand dollars ($5,000.00) if the controller approves the obligor financial institution as being financially responsible and if the corporation counsel approves the letter of credit as affording the same protections to the City of Indianapolis and an unknown third party as the protections afforded by the surety bond. (c) The obligation of the surety and financial institution relative to this bond or letter of credit is limited to five thousand dollars ($5,000.00). A surety or financial institution may pay on the bond or disburse from the letter of credit to pay a claim in full at any time when that claim and pending claims (reflected by written notice to the surety or financial institution) together do not exceed the unpaid penalty of the bond or the undisbursed balance of the letter of credit. If written notice is received of claims that exceed the unpaid penalty of the bond or undisbursed balance of the letter of credit, the surety or financial institution shall pro-rate payment according to the amount of such claims. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 26; G.O. 3, 2002, § 59; G.O. 8, 2005, § 14; G.O. 63, 2009, § 127; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-316 Insurance.

Sec. 875-316. - Insurance. The insurance requirements are met if the person, partnership or corporation secures insurance covering all heating and cooling work and any related construction accomplished by the licensee or under permits obtained by the licensee and thereafter maintains such insurance in full force and effect throughout the license period: (1) A public liability and property damage insurance policy assuring the licensee and naming the Consolidated City of Indianapolis as an "additional assured," and providing also for the payment of any liability imposed by law on such licensee or the Consolidated City of Indianapolis arising out of operations being performed by or on behalf of the licensee in the minimum amounts of five hundred thousand dollars ($500,000.00) for combined bodily injury and property damage coverage of five hundred thousand dollars ($500,000.00) for any occurrence relative to which there is injury or death to one (1) or more persons and one hundred thousand dollars ($100,000.00) for any occurrence relative to which there is damage to property. A certificate of such policy shall be delivered to the license administrator ; and (2) Workmen's compensation insurance covering the personnel employed for death or injury arising out of operations being performed by or on behalf of the licensee. A certificate of such insurance shall be delivered to the license administrator. This provision shall not apply if the licensee has no employees and gives appropriate notice to the division of construction and business services. The insurance carrier shall give notice both to the licensee and the division at least fifteen (15) days before such insurance is either canceled or not renewed, and the certificate shall state this obligation. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 26; G.O. 3, 2002, § 59; G.O. 8, 2005, § 14; G.O. 63, 2009, § 127; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-317 Types of licenses.

Sec. 875-317. - Types of licenses. There shall be twelve (12) types of licenses approved by the board pursuant to this article. Heating and cooling work may be accomplished under these license types as follows: (1) The "air conditioning "A" (unrestricted)" license authorizes the holder thereof to perform all of the kinds of heating and cooling work without limitation. (2) The "light commercial/residential" license authorizes the holder thereof to perform work of the following kinds: a. Installation, modernization, replacement, service or repair of cooling systems or space cooling equipment, which system or equipment has a rated output not in excess of six hundred thousand (600,000) Btuh and does not include preassembled air-conditioning units which exceed a rating of fifty (50) tons under ARI standards; and b. Installation, modernization, replacement, service or repair of heating systems or space heating equipment, which system or equipment has a rated input not in excess of four million (4,000,000) Btuh and which does not utilize a water boiler in which the rated pressure exceeds thirty (30) pounds per square inch. (3) The "residential" license authorizes the holder thereof to perform work of the following kinds in one- or two-family residential structures, commercial buildings of not more than one (1) story and apartment buildings: a. Installation, modernization, replacement, service or repair of cooling systems or space cooling equipment, which system or equipment is single phase and has a rated output of not in excess of sixty thousand (60,000) Btuh; and b. Installation, modernization, replacement, service or repair of a heating system or space heating equipment, which system or equipment has a rated input of less than two million (2,000,000) Btuh and which does not utilize a boiler in which the rated pressure exceeds fifteen (15) pounds per square inch or steam boiler in which the rated pressure exceeds thirty (30) pounds per square inch. (4) The "air conditioning "B"" license authorizes the holder thereof to install, maintain, repair, fabricate, alter, or extend central air conditioning, heating and ventilating, including ductwork, within a complete system limited to twenty-five (25) tons cooling and five hundred thousand (500,000) Btu heating (which does not utilize a water boiler in which the rated pressure exceeds thirty (30) pounds per square inch), and all appurtenances, apparatus, piping vessels, ducts and insulation used in connection therewith. (5) The "air conditioning "D"" license authorizes the holder thereof to install, maintain, repair, alter, or extend systems of air conditioning and heating including ventilation and any and all duct systems necessary. Systems shall be limited to single phase, five-ton cooling capacity, limited to three hundred thousand (300,000) Btu/hr input heating capacity and limited to boiler pressures of fifteen (15) psig steam and thirty (30) psig water. (6) The "high pressure steam" license authorizes the holder thereof to perform installation, modernization, replacement, service or repair of heating systems or space heating equipment, which system or equipment utilizes a boiler. (7) The "refrigeration" license authorizes the holder thereof to perform installation, modernization, replacement, service or repair of refrigeration equipment. (8) The "heavy commercial (unrestricted) service only" license authorizes the holder thereof to perform work limited to service and repair relative to the kinds of construction which the holder of an " air conditioning "A" (unrestricted)" license may perform. (9) The "light commercial/residential service only" license authorizes the holder thereof to perform work limited to service and repair relative to the kinds of construction which the holder of a "light commercial/residential" license may perform. (10) The "residential service only" license authorizes the holder thereof to perform work limited to service and repair relative to the kinds of construction which the holder of a "residential" license may perform. (11) The "steam service only" license authorizes the holder thereof to perform work limited to service and repair relative to the kinds of construction which the holder of a "steam" license may perform. (12) The "refrigeration service only" license authorizes the holder thereof to perform work limited to service and repair relative to the kinds of construction which the holder of a "refrigeration" license may perform. Holders of a license listed in (2) or (3) may renew such a license if the holder qualifies for renewal under section 875-311; however, no initial licenses listed under (2) or (3) shall be issued after January 1, 1995. No initial licenses of the types listed in (8), (9), (10), (11) and (12) shall be issued after January 1, 1995. Holders of a license listed in (8), (9), (10), (11) or (12) may renew such a license if the holder qualifies for renewal under section 875-311. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 26; G.O. 8, 2005, § 14)

Indianapolis-Marion County Revised Code § 875-318 Board's approval for licensure.

Sec. 875-318. - Board's approval for licensure. (a) Approval for licensure of a person, partnership or corporation as a heating and cooling contractor of the appropriate type shall be in writing signed by a majority of the board. The board may, however, by resolution agreed to by a majority of the board delegate to one (1) of its officers or the license administrator authority to approve applications for licensure or renewal of licensure on behalf of the board in instances where the applicant is a person whose eligibility for license renewal is established by section 875-311(1) or the applicant is a partnership or corporation. (b) Prior to approval for licensure, a person, general partner of a partnership or officer of a corporation shall attend an orientation presented or approved by the board that provides general knowledge of the provisions of chapters 536 and 875 pertaining to building standards and procedures. (c) Upon delivery of such approval a heating and cooling contractor's license of the appropriate type shall be issued by the division of construction and business services. The licensure period shall be from January 1 of any year ending in an even number to December 31 of the following year. No license shall be issued by the division to any person, partnership or corporation as a heating and cooling contractor except as provided in this article. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 26; G.O. 3, 2002, § 60; G.O. 8, 2005, § 14; G.O. 63, 2009, § 128; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-320 Supervision by licensee.

Sec. 875-320. - Supervision by licensee. (a) All heating and cooling work shall be accomplished under the direction and control of either: (1) The licensed person who applied for the building permit; (2) If the building permit has been transferred, the licensed person who is the applicant representing the transferee of the building permit; or (3) If the applicant for the building permit no longer is able or desires to continue his or her responsibilities and obligations as the applicant and the obtainer of the building permit is a partnership that has a licensed person as a partner or a corporation that has a licensed person as an officer who meets the requirements imposed by section 536-202 of this Revised Code to apply for such a building permit in the first instance, such licensed partner or officer upon his or her notifying (using a form furnished by the office of the division of construction and business services) the license administrator of his or her assumption of the responsibilities and obligations of the applicant for the specified building permit. (b) The licensed person providing direction and control shall specify work processes and supervise the person or persons accomplishing the heating and cooling work. Such licensed person or a competent person responsible to him or her must be present at the site when any significant heating and cooling work occurs. (G.O. 95, 1994, § 1; G.O. 160, 1994, § 5; G.O. 3, 2002, § 61; G.O. 63, 2009, § 129; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-321 Heating and cooling work on one's own property.

Sec. 875-321. - Heating and cooling work on one's own property. A person, who both owns and occupies a one- or two-family residential structure or who desires to construct such a structure for his or her own occupancy on real estate owned by the person personally, may perform heating and cooling work for which a license would be otherwise required by this article, without having such a license; provided that, if a building permit is required for such work, such person shall obtain: (1) The building permit for the heating and cooling work; and (2) The written approval from the board or its designee that the person has sufficient knowledge and technical skill to accomplish the work in accordance with building standards and procedures. The board is to designate a person to perform the determinations under this section, who shall be an employee of the department of metropolitan development qualified to perform inspections of heating and cooling work. The board may appoint an alternate qualified employee for this designee. A determination by the board's designee to disallow the nonlicensed person to accomplish the work under this section may be appealed to the board for reconsideration. (G.O. 95, 1994, § 1; G.O. 132, 1995, § 27)

Indianapolis-Marion County Revised Code § 875-322 License suspension, revocation or determination of ineligibility for renewal for a person.

Sec. 875-322. - License suspension, revocation or determination of ineligibility for renewal for a person. The board may, under section 875-324, suspend the license of a person for a period of up to seven hundred thirty (730) days, revoke the license of a person, or determine on the basis of activities carried out while licensed that a person who is or has been licensed within the previous three hundred sixty-five (365) days is ineligible for license renewal, if one (1) of the following is shown: (1) The licensee made any materially false statement of fact either to the board or on his or her application for license or license renewal; (2) The licensee acted fraudulently in the license examination; (3) The licensee (but not including licensees who are exempt because of compliance with the requirements of section 875-312 or section 875-313) failed to post and maintain the surety bond and insurance required by sections 875-315 and 875-316; (4) The licensee acted fraudulently, or with deceit, in his or her relationship with other persons, partnerships or corporations with which he or she dealt in connection with heating and cooling work; (5) Heating and cooling work for which the licensee was responsible as applicant for the permit or applicant representing the transferee of the permit was performed either incompetently or in such manner that it does not meet standards of reasonable workmanship or compliance with building standards and procedures; (6) The licensee failed to correct a violation of building standards and procedures relative to heating and cooling work for which the licensee was responsible as applicant for the permit or applicant representing the transferee of the permit, after the license administrator issued notice of a building code violation, revoked a building permit or issued a stop-work order and the violation(s) causing any of these actions remained uncorrected for a period of ten (10) days from the date of issuance of the notice of the building code violation, revocation of permit or stop-work order, or in the instance where the period of ten (10) days was not sufficient, such longer period of time as was fixed by the license administrator in writing; (7) The licensee has consistently failed to apply for or obtain required applicable permits for heating and cooling work accomplished by the licensee or under his or her supervision; (8) The licensee has consistently failed to give notice of availability for inspection at designated stages of heating and cooling work as required by section 536-402 of this Revised Code; (9) The licensee has consistently failed to timely file certificates of completion and compliance for heating and cooling work relative to which he or she was the applicant for the permits; (10) The licensee, excluding licensees who meet the inspector status requirement of section 875-313, has not for a period of five (5) continuous years accomplished or supervised the accomplishment of a significant amount of heating and cooling work; (11) The licensee qualified for licensure without meeting the bond and insurance requirements of sections 875-315 and 875-316 by meeting the inspector status requirements of section 875-222, but is no longer employed by the division of construction and business services and does not meet the requirements of sections 875-315 and 875-316; (12) The licensee qualified for licensure without meeting the bond and insurance requirements of sections 875-315 and 875-316 by meeting the partnership or corporate agent requirements of section 875-312, but without presently meeting the requirements of sections 875-315 and 875-316, either he or she: a. Is no longer a partner or employee of a partnership or an officer or employee of a corporation licensed under this division; or b. Has made use of his or her license other than as an agent of the partnership or corporation named in his or her application; (13) The licensee has not properly paid the fee specified by section 875-701 of this Revised Code for a license that has been issued or is delinquent in other fees owed pursuant to this chapter; (14) The licensee has failed to give proper supervision to heating and cooling work in accordance with requirements of section 875-320; (15) The licensee holding a heating and cooling license other than an "air conditioning "A" (unrestricted)" license has accomplished (without supervision by a licensee of the appropriate type) or supervised the accomplishment of heating and cooling work without having the type license that is required for such construction; or (16) The licensee has attempted to conceal or has concealed violations of building standards and procedures. (G.O. 95, 1994, § 1; G.O. 160, 1994, §§ 7, 8; G.O. 3, 2002, § 62; G.O. 8, 2005, § 15; G.O. 63, 2009, § 130; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 875-323 License suspension, revocation or determination of ineligibility for receipt of a successor license for a partnership or corporation.

Sec. 875-323. - License suspension, revocation or determination of ineligibility for receipt of a successor license for a partnership or corporation. The board may, under section 875-324, suspend the license of a partnership or corporation for a period of up to seven hundred thirty (730) days, revoke the license of a partnership or corporation, or determine on the basis of activities carried out while licensed within the previous three hundred sixty-five (365) days that the partnership or corporation is ineligible to receive a successor license, if one (1) of the following is shown: (1) A materially false statement of fact was made to the board by an agent of the licensee or placed on the licensee's application for license; (2) The licensee failed to post and maintain the surety bond and insurance required by sections 875-315 and 875-316; (3) An agent of the licensee acted fraudulently or with deceit in its relationship with other persons, partnerships or corporations with which it dealt in connection with heating and cooling work; (4) Heating and cooling work for which the licensee was responsible as obtainer of the permit or as transferee of the permit was performed either incompetently or in such manner that it does not meet standards of reasonable workmanship or compliance with building standards and procedures; (5) The licensee failed to correct a violation of building standards and procedures relative to heating and cooling work for which the licensee was responsible as obtainer of the permit or as transferee of the permit, after the license administrator issued notice of a building code violation, revoked a building permit or issued a stop-work order and the violation(s) causing any of these actions remained uncorrected for a period of ten (10) days from the date of issuance of notice of the building code violation, revocation of permit, or stop-work order, or in the instance where a period of ten (10) days was not sufficient such longer period of time as was fixed by the license administrator in writing; (6) The licensee has consistently failed to obtain required applicable permits for heating and cooling work; (7) The licensee has consistently failed to give notice of availability for inspection at designated stages of heating and cooling work as required by section 536-402 of this Revised Code; (8) The licensee has consistently failed to timely file certificates of completion and compliance, as required, for heating and cooling work accomplished pursuant to his or her license; (9) The licensee has not properly paid the fee specified by section 875-701 of this Revised Code for a license that has been issued or is delinquent in the payment of fees owed pursuant to this chapter; (10) If a partnership, does not have a licensed person as a general partner or employee, or if a corporation, does not have a licensed person as an officer or employee; (11) The partnership presently has a partner or the corporation presently has an officer who has a license under this article presently suspended or who has had such a license revoked within the preceding seven hundred thirty (730) days or a determination made of ineligibility for license renewal within the preceding three hundred sixty-five (365) days; (12) The partnership presently has a partner or the corporation presently has an officer who, within the previous three hundred sixty-five (365) days, served as a partner in a partnership or an officer in a corporation licensed under this article at a time when actions related to policies or practices of the partnership or corporation occurred that provided the primary basis on which the license of the partnership or corporation was revoked, suspended for more than three hundred sixty-five (365) days, or a determination made of ineligibility for receipt of a successor license; (13) Heating and cooling work for which the licensee, holding a heating and cooling license other than a "air conditioning "A" (unrestricted)" license, was responsible as obtainer of the permit or as transferee of the permit was performed without the licensee having the type of license that is required for such work; or (14) The licensee has attempted to conceal or has concealed violations of building standards and procedures. (G.O. 95, 1994, § 1; G.O. 160, 1994, §§ 7, 8; G.O. 3, 2002, § 62; G.O. 8, 2005, § 15; G.O. 63, 2009, § 130)

Indianapolis-Marion County Revised Code § 875-324 Hearing and appeal.

Sec. 875-324. - Hearing and appeal. (a) The date and place for a revocation or suspension hearing shall be fixed by the board. At least ten (10) days before such date, a written notice of the general nature of the charges, prepared by the division of construction and business services, and of the time and place of the hearing thereon shall be served upon the licensee, either by hand delivery to the charged licensed person or to a partner of a charged partnership or officer of a charged corporation or by certified mail with return receipt requested, addressed to the licensee at his or her main place of business as shown by the licensee's application for license or license renewal. The ten (10) or more days shall run from the date such notice is mailed. In the instance where charges are made that have a similar factual basis and a business relationship exists (as, for example, charges against two (2) licensed partners or charges against a licensed corporation and a licensed corporate officer), the board may hear evidence relative to two (2) or more charges at the same hearing. (b) The licensee may appear in person or by counsel, produce evidence (including testimonial and documentary evidence), make argument and cross-examine witnesses at such hearing. The division shall have the same right. The board may cause or allow any other relevant evidence to be introduced. On the basis of the evidence presented at the hearing, the board shall make findings and enter an order in accordance with such findings, which shall not become effective until ten (10) days after notice and a copy thereof has been served upon the licensee in the manner required for notice of the hearing. (c) On or before ten (10) days after service of such order, the licensee may appeal therefrom to the deputy director of the department of business and neighborhood services, division of construction and business services, by serving a notice of appeal upon the deputy director either in person or by filing it at his or her office, with a copy thereof delivered to the board at the office of the license administrator, who shall deliver such copy to the board. Unless such appeal is so taken, the order of the board shall be final. (d) If so appealed, the order of the board shall be stayed until the appeal is heard and determined by the deputy director or a representative designated in writing (but not an employee of the division of construction and business services) by the deputy director, under the procedure prescribed by statute for hearings on the suspension or revocation of licenses. The deputy director or his or her representative shall thereupon render such decision as he or she finds justified and sustained by the evidence, either affirming, reversing or modifying the terms of the order of the board. The order of the deputy director or his or her representative shall be final and conclusive and be binding upon the licensee and the board. (G.O. 95, 1994, § 1; G.O. 3, 2002, § 62; G.O. 63, 2009, § 130; G.O. 41, 2016, § 2)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH875COSKTR_ARTIIILIREHECOCOFetched: 10/27/2026

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